Writing position papers
A M Essay Topics
Thursday, August 27, 2020
Summary on cpc (cyclic pipeline computer) an architecture suited for Essay
Synopsis on cpc (cyclic pipeline PC) a design appropriate for josephson and pipelined memory machines - Essay Example This guarantees the two gadgets are normally pipelined utilizing a comparative pitch time. Simultaneously, propelled control procedure could be utilized to accelerate calculation in every guidance stream. This procedure is utilized in superior PCs that make sure that each phase of guidance preparing and information references is produced using various recollections. In this manner, covered memory access and processor directions are performed at an a lot quicker rate through different guidance streams that occur in a cyclic way. Exploration did on the new CPC that depends on the silicon innovation has discovered that there is an improvement in the cost/execution proportion as it works at an a lot higher speed utilizing the three-stage clock (Shimizu et al 831). Simultaneously, the CPC gadget utilizes a three info larger part through DCFP which makes it simple to understand a refutation. So also, the force utilization is a lot of lower which takes into consideration a high-thickness
Saturday, August 22, 2020
Tailoring Your Content Marketing Strategies for the Travel Industry
By Mon Gill Addressing the necessities of your client base is basic on the off chance that you need to remain in business, which is the reason fitting your substance showcasing techniques is so significant. For the movement business, specifically, it gets somewhat trickier essentially on the grounds that each customerââ¬â¢s needs range four particular stages. They include: 1. The underlying arranging stage to decide a goal 2. The planning stage that envelops travel/convenience subtleties 3. The excursion stage during which data, for example, climate, restaurants, and touring spots are required 4. The last period of sharing pictures or realities about the excursion itself Content Marketing Strategies That Work for the Travel Industry Connecting with content is the way to pulling in guests to your site just as to your administrations. Truth be told, concentrating on the ââ¬Å"doââ¬â¢sâ⬠of making substance will get you a lot more distant in understanding your objectives than keeping away from the things that you shouldnââ¬â¢t do. The substance that you give must address the requirements of explorers previously, during, and after their excursions. Not exclusively should you give the commonplace realities however you have to give potential clients an investigate the more close to home part of picking one city over another or inn A rather than lodging B. How would you achieve this? Believe it or not, you have to convey imaginative unique substance that allures your guests to start perusing and afterward interests them into understanding more. Content Creation That Works for the Travel Industry The essentialness of furnishing connecting with content is firmly entwined with the technique where you convey it. Effective travel destinations convey everything. They give a wide assortment of truthful data, audits, travel tips, and individual stories or photographs. Sites that distribute get-away surveys are more mainstream than ones that donââ¬â¢t basically on the grounds that voyagers look to the assessments of others to assist them with making their choices â⬠for everything â⬠inns, eateries, theaters, and that's only the tip of the iceberg. . Assemble a site loaded up with dependable data . Give tips and methodologies that disentangle travel getting ready for your clients . Offer recommendations on the most proficient method to upgrade the movement experience . Offer the open door for your clients to share their excursions . Make content that your guests can utilize . Tailor it for the conveyance framework that you are utilizing . Keep your substance composing new by so your guests will return regularly . Utilize content that is short and to the point just as simple to peruse The Importance of Social Media Websites Explorers frequently utilize online networking hotspots for motivation. As indicated by an examination led in 2010, most of relaxation voyagers go to internet based life and individual audits to help them in making their inn lodging. It makes sense that these equivalent explorers additionally depend on audits and suggestions to make the entirety of their itinerary items. The significance of giving itemized data about districts, inns, eateries, and visits ought not be ignored. Destinations like Flickr, Twitter, YouTube, and Facebook catch the eyes of their individuals each and every week if only one out of every odd single day, so exploit that reality.
Friday, August 21, 2020
How to Write a Reflective Essay For University
How to Write a Reflective Essay For UniversityIf you are planning to enroll in college, you may be wondering how to write a reflective essay for university. Some students who enroll in higher education courses find it difficult to do this due to the length of time that they have to fill out these papers. It is important that you spend as much time as possible thinking about what you want to say before you begin writing your essay. This will allow you to organize your thoughts and put all of your attention on one idea.The first thing that you should consider when you are planning to write a reflective essay for university is that the topic of the paper should be related to your particular school. If you are taking English composition at a college that focuses on a particular topic, then this might not be a problem. However, if you want to write a piece about a completely different subject matter, you might have trouble with the topic of your essay.Your reflective essay should give a p roper description of the class that you are taking. This will help to make the essay more interesting and make it more memorable if it's based off of the topic of the class. For example, if the class is about religion, the essay would be about religion in general.Your essay should contain a cohesive structure. This structure will allow you to easily follow what you have written down as you go along and make sure that you don't lose your place. It's also important that the structure will lead the reader through the essay, allowing them to see that you have a clearly defined thought process.When writing a reflective essay for university, you should always be respectful of other people's opinions. This is especially true if you have a strong opinion. If you feel that a certain viewpoint is wrong, it is acceptable to express your disagreement. However, you should always strive to be respectful of the other person's opinions.You can always get ideas for how to write a reflective essay fo r university from watching movies or reading other people's essays. This can help you see things from another person's perspective. Another way to get ideas is to listen to other people's conversations, whether they're casual or with a professor. You might be surprised at how good an idea can be if you just listen.The topic of your reflective essay can also be a reflection of yourself. If you want to write about a specific family member, it would be easier for you to write about them if they are your favorite. Also, if you have a favorite part of your hometown, then this might be the ideal way to write about it.Remember that you have many options when it comes to how to write a reflective essay for university. Be as creative as possible, and keep in mind that it doesn't necessarily have to be about a class or a specific subject matter.
Tuesday, May 26, 2020
Drug Use And Attention Deficit Hyperactivity Disorder (...
Ritalin is a prescription drug used primarily in the treatment of behavioural problems in children such as Attention deficit disorder (ADD) and Attention deficit hyperactivity disorder (ADHD) (National Drug Intelligence Centre 2006). It is estimated that 11 percent of Australians between the ages of 6 to 17 are affected by ADD or ADHD and the amount of Ritalin being prescribed has doubled in the last 10 years ( Schriever 2012). The brand name for Ritalin is methylphenidate, a drug that stimulates the central nervous system. Its primary use is to stimulate the brain and improve concentration, therefore helping the child control impulsive behaviour and overactivity (Royal Childrenââ¬â¢s Hospital Melbourne 2010). When a child is taken to see a doctor for behavioural problems the General Practitioner will refer these children to a child phycologist or paediatrician. They are then examined and asked a series of questions which inevitably leads to being diagnosed with ADD or ADHD and leaving with a prescription for Ritalin (G Bell 2014). This medication has been known to cause adverse side effects in many children. There is also the problem of misdiagnosing the childââ¬â¢s condition and with the view that alternative treatments are available, Ritalin should not be used as a first solution in the treatment of behavioural problems in children. Ritalin should not be used as a first option due to the ongoing side effects that some children suffer from taking this medication. There areShow MoreRelatedAttention Deficit Hyperactivity Disorder ( Adhd )1552 Words à |à 7 PagesATTENTION DEFICIT HYPERACTIVITY DISORDER Seth was a second grader at West Elementary. He constantly got reprimanded by his teachers for not paying attention in class. He could not understand the information given to him during the school day. He thought he was stupid and useless. But he was not. His parents got him tested by a doctor for ADHD. He is one of many kids in the United States who have been recognized as having it. Attention Deficit Hyperactivity Disorder is a major issue in the educationRead MoreEssay On ADHD1259 Words à |à 6 Pages Many may ask what the causes of attention-deficit/hyperactive disorders are but the cause of ADHD is not completely understood yet. People suggest that there may be biological abnormalities, hereditary factors, and environmental factors for those who suffer from ADHD. Individuals with attention-deficit/hyperactive disorders may have biological abnormalities such as brain structure abnormalities or abnormal biochemical levels (Comer, 2016). Brain structural abnormalities tend to occur in theRead MoreAttention Deficit Hyperactivity Disorder (ADHD), Ritalin, and the Brain1606 Words à |à 7 PagesAttention-Deficit Hyperactivity Disorder, Ritalin, and the Brain Attention-Deficit Hyperactivity Disorder, more commonly referred to as simply ADHD, is the most commonly diagnosed disorder among American children today. According to the National Institute on Mental Health an estimated 3 to 5 percent of school age children are affected by this disorder. (1) There are more diagnosed cases of ADHD of in the United States than there are anywhere in the world. The main symptoms of ADHD include developmentallyRead MoreIs Adhd over-Diagnosed Among School Children1409 Words à |à 6 PagesIs ADHD Over-diagnosed Among School Children? After reading the review, (Is ADHD over-diagnosed among school children?) by C. Collins, I am in agreement with T. E. Elder in that yes, ADHD is over-diagnosed. I chose to accompany the review by C. Collins with the article, Attention Deficit/Hyperactivity Disorder, which originated from the Facts on File; Issues and Controversies Database. After reading both the review and the article I highly believe that ADHD is definitely over-diagnosed. In theRead MoreAttention Deficit Hyperactivity Disorder ( Adhd )1100 Words à |à 5 PagesAttention deficit hyperactivity disorder (ADHD) What is ADHD? Attention deficit hyperactivity disorder (ADHD) is a psychiatric illness characterized by problems with attention as well as hyperactivity. Individuals also tend to act impulsively. The exact cause is unclear but is likely related to genetic factors as first-degree relatives are often affected. The disease frequently begins in childhood and may progress into adulthood. The condition is also often associated with other psychiatric comorbiditiesRead MoreAttention Deficit Hyperactivity Disorder (ADHD) Essay1687 Words à |à 7 PagesAttention Deficit Hyperactivity Disorder Introduction Attention-Deficit Hyperactivity Disorder (ADHD), once called hyperkinesis or minimal brain dysfunction, is one of the most common mental disorders among children. (Elia, Ambrosini, Rapoport, 1999) It affects 3 to 5 percent of all children, with approximately 60% to 80% of these children experiencing persistence of symptoms into adolescence and adulthood, causing a lifetime of frustrated dreams and emotional pain. There are two types of attentionRead MoreSociological Analysis On Attention Deficit Hyperactivity Disorder1622 Words à |à 7 Pages Sociological Analysis of ADHD Introduction ââ¬Å"ADHDâ⬠stands for ââ¬Å"Attention Deficit Hyperactivity Disorderâ⬠, while many people use the word disorder and disease as if they were one and the same, they are in fact not. While a disease is an incorrectly functioning organ, part, structure, or system of the body resulting from the effect of genetic or developmental errors, infection, poisons, nutritional deficiency or imbalance, toxicity, or unfavorable environmental factors; illness; sickness; ailmentRead MoreAttention Deficit Hyperactivity Disorder ( Adhd )1710 Words à |à 7 Pages Attention-deficit hyperactivity disorder or ADHD which is often referred to as childhood hyperactivity, it s a severe and chronic disorder for children. It is one of the most prevalent childhood disorders, and affects 3% to 5% of the school-age population. Boys outnumber girls three or more to one. Children with ADHD can experience many behavioral difficulties that often manifest in the form of inattention, being easily distracted, being impulsive, and hyperactivity. As a result, children withRead MoreAn In-Depth Analysis on the Prescription of Stimulant Medication as a Treatment for ADHD1141 Words à |à 5 Pages Stimulant medication could be the miracle drug, or the most harmful thing to hit the younger generations. Medications such as Adderall and Ritalin are playing a prominent role in many adolescentsââ¬â¢ lives, or the lives of people close to them. There is an ââ¬Å"underground marketâ⬠for medications like these, and the market is growing quickly. Whether just to ma ke sure they pass that next test, or if they really believe they need it, stimulantsââ¬â¢ popularity is soaring, and not just among adolescents butRead MoreAttention Deficit Hyperactive Disorder ( Adhd ) And The Frontal Lobe887 Words à |à 4 PagesAttention Deficit Hyperactive Disorder (ADHD) and the Frontal Lobes Attention Deficit Disorder (ADD), Attention Deficit Hyperactive Disorder (ADHD) throughout history has been seen as a behavioral issue. The prevalence and attention given to ADD/ADHD as a disorder has not become apparent until more modern times. With the coming of Drugs, treatment seemed to become common and successful. There are many risk factors believed to contribute to developing ADD/ADHD. However, no correlates are indeed
Friday, May 15, 2020
How to Apply for a US Passport
Applying for a US passport can be simple or it can be ââ¬â¹aà crash course in bureaucracy. You want simple. Best advice? Learn the rules, assemble everything you need before you apply for your US passport and apply at least 6 weeks before your trip. US Passportà - Do You Need One? All US citizens traveling anywhere outside the United States will need a passport. All children regardless of age, including newborns and infants, must have their own passport. There are special requirements for all minors ages 16 17. A U.S Passport is not required for direct travel within the 50 States (including Hawaii, Alaska, and District of Columbia) and U.S Territories (Puerto Rico, Guam, U.S Virgin Islands, Northern Mariana Islands, American Samoa, Swains Island). However, if you are traveling to a U.S. State or Territory through another country (for example, traveling through Canada to go to Alaska, or, traveling through Japan to go to Guam), a passport may be required. Also be sure to read the following information on requirements for travel to Mexico, Canada or the Caribbean. Important: Travel to Mexico, Canada or the Caribbean Under the Western Hemisphere Travel Initiative (WHTI) of 2009, most U.S. Citizens returning to the United States from Mexico, Canada or the Caribbean at sea or land ports of entry must have a passport, passport card, Enhanced Driverââ¬â¢s License, Trusted Traveler Program card or other travel document approved by the Department of Homeland Security. It is advised that you refer to the U.S. State Departments Western Hemisphere Travel Initiative information website when planning travel to Mexico, Canada or the Caribbean. US Passport - Applying in Person You must apply for a US passport in person if: You are applying for your first U.S. passport orYou are under age 16 orYour previous U.S. passport was issued when you were under age 16 orYour previous U.S. passport was lost, stolen, or damaged orYour previous U.S. passport was issued more than 15 years ago orYour name has changed since your US passport was issued and you are unable to legally document your name change Also note that there are special rules for all minors under age 16 and all minors age 16 and 17. Proof of US Citizenship Required When applying for a U.S. passport in person, you will need to provide proof of US citizenship. The following documents will be accepted as proof of US citizenship: Previously issued, undamaged US passportCertified birth certificate issued by the city, county or state of birthConsular Report of Birth Abroad or Certification of BirthNaturalization CertificateCertificate of Citizenship If you do not have primary evidence of U.S. citizenship or your birth certificate does not meet the requirements, you can submit an acceptable form of Secondary Evidence of US Citizenship. NOTE: Effective April 1, 2011, the U.S. Department of State began requiring the full names of the applicants parent(s) to be listed on all certified birth certificates to be considered as primary evidence of U.S. citizenship for all passport applicants, regardless of age. Certified birth certificates missing this information are no longer acceptable as evidence of citizenship. This did not affect applications already in-process that had been submitted or accepted before April 1, 2011. See: 22 CFR 51.42(a) US Passport Application Form You will also need to fill out, but not sign, Form DS-11: Application for a U.S. Passport. This form must be signed in the presence of the Passport Agent. The DS-11 form may also be filled out online. US Passport Photographs You will need to provide two (2) identical, passport-quality photographs with you application for a US passport. Your US Passport Photographs Must Be: Identical and in color2 x 2 inches in sizeTaken within the past 6 months, showing current appearanceFull face, front view with a plain white or off-white backgroundBetween 1 inch and 1 3/8 inches from the bottom of the chin to the top of the headTaken in normal street attireUniforms should not be worn in photographs except religious attire that is worn dailyDo not wear a hat or headgear that obscures the hair or hairlineIf you normally wear prescription glasses, a hearing device, wig or similar articles, they should be worn for your pictureDark glasses or nonprescription glasses with tinted lenses are not acceptable unless you need them for medical reasons (a medical certificate may be required)Vending machine photos are not generally acceptable Proof of Identification Required When you apply for a US passport in person, you will need to present at least one acceptable form of identification, including: Previously issued, undamaged US passportValid Drivers LicenseNaturalization CertificateCurrent government ID (city, state or federal)Current Military ID (military and dependents) Where to Apply in Person for a US Passport: You can apply in person for a US passport at any Passport Acceptance Facility (usually a Post Office). Processing Fees for a US Passport When you apply for a US passport, you will need to pay the current US passport processing fee. You can also request expedited US passport processing for an additional $60.00 fee. Need Your US Passport Fast?à If you need expedited processing of your application for a US passport, the State Department strongly suggests you schedule an appointment. How Long Will it Take? Current processing times for US passport applications can be found on the State Departments Applications Processing Times web page. Once you have applied for a US passport, you can check the status of your application online. US Passport - Renew by Mail You can apply to renew your US passport by mail if your current US passport: is undamaged and can be submitted with your applicationWas issued when you were age 16 or olderWas issued within the last 15 yearsWas issued in your current name or you can legally document your name change If all of the above are true, you can renew your US passport by mail. Otherwise, you must apply in person. Requirements for Passport Applicants with Puerto Rican Birth Certificates As of October 30, 2010, the Department of State no longer accepts Puerto Rican birth certificates issued prior to July 1, 2010, as primary proof of U.S. citizenship for a U.S. passport book or passport card. Only Puerto Rican birth certificates issued on or after July 1, 2010, will be accepted as primary evidence of U.S. citizenship. The requirement does not affect Puerto Ricans who already hold a valid U.S. passport. The Government of Puerto Rico recently passed a law invalidating all Puerto Rican birth certificates issued prior to July 1, 2010, and replacing them with enhanced security birth certificates with features to combat passport fraud and identity theft.
Wednesday, May 6, 2020
Assessing The Vitality Of A Given Economy - 1122 Words
In order to evaluate the vitality of a given economy, one must have a thorough understanding of the key performance indicators related to economic health. Through careful research of government statistics, media outlets, and private individuals, it can be concluded that there are 3 main indicators that can predict and diagnose an economic situation. These main indicators, Gross Domestic Product, Consumer Price Index, and Standard and Poorââ¬â¢s 500 Index, each have a direct correlation to overall economic vitality. This report outlines each of the 3 indicators and provides an economic projection based on historical data. Gross Domestic Product A Lagging Indicator of Economic Vitality Gross Domestic Product (GDP), the sum of goods andâ⬠¦show more contentâ⬠¦Real GDP takes into account inflation, and therefore is a more accurate reflection of economic vitality (1). One way in which GDP can reveal a countryââ¬â¢s economic situation is a comparison of potential GDP and real GDP. Potential GDP is a metric that calculates what an ideal economy would produce if it were operating at full efficiency. The difference between the United Statesââ¬â¢ potential and realized GDP, known as the output gap, since the year 2004 is depicted below (2). As evident by this data, production output dropped drastically during the 2008 crisis and has yet to return to its pre-crash volume. While the output gap is shrinking slowly, the difference represents trillions of dollars of lost revenue. Despite slow progression, the steady lessening of the output gap does point to economic recovery. The Congressional Budget Office reports that real GDP is expected to rise 3% by the fourth quarter of 2014 and continue the same trend for the next 3 years (3). Consumer Price Index A Lagging Indicator of Economic Vitality Another lagging indicator of economic health is the Consumer Price Index (CPI). CPI measures median price fluctuation for a base volume of goods that a typical consumer purchases in a year (4). The CPI is a reliable measurement with a low sampling error of .03% and includes approaches to combat bias (5). The CPI is an excellent comprehensive indicator of economic vitality because a multitude of other factors
Tuesday, May 5, 2020
International Legal Framework free essay sample
The buyer remains the legal shipper of the goods where he is the main contracting party in the contract of the carriage. Cases: J. Raymond Wilson amp; Co. Ltd v N. Scratchard Ltd. Held that if a party sells goods FOB, he has to put the goods on board and to pay the expense of doing so and delivery is made and the goods are the risk of the buyer when they are on board, the expense having been paid by the seller. Although the oldest form of FOB is where the buyer assumes the role of the shipper of the goods, FOB contracts have gone through developments where the terms have been varied. The parties may modify their obligations under an FOB contract, in particular the relationship between seller, buyer and carrier may be varied according to the nature of the arrangements made. Cases: N. V. Handel My. J. Smits Import-Export v English (London) Ltd. Sellers have agreed to do their best to secure shipping space for a cargo to be delivered FOB Rotterdam. However, the sellers failed to nominate a ship. The question was whether the contract was an FOB contract. It was held that a contract does not cease to be an FOB contract by virtue of the fact that the seller has agreed to secure the shipping space. . The FOB can be only used for sea or inland waterway transport. 5. The sellers fulfils its obligations to deliver when the goods have passed over the shipââ¬â¢s rail Classification of FOB: * First variation known as classic type, where the buyer nominated the ship and the seller put the goods on board for the account of the buyer, procuring a BOL in his own name or showin g the buyer as a consignor. The seller was a party to the contract of carriage. * Second variation are FOB with additional services whereby the seller may undertake additional uties which is seller nominates vessel, makes contract of carriage and arranging insurance cover for the cargo. The seller will place the goods on board ship and receive a BOL in his own name, which he will forward to the buyer in return of payment. Also the freight and insurance cost are to the buyerââ¬â¢s account. The seller may also charge a commission for the services he has tendered the buyer in obtaining the contract of carriage and the contract of insurance in this type of FOB contract. The buyer is likely to require these additional services of the seller when he is ill placed to obtain them in the sellerââ¬â¢s country. * Third variation is FOB Ab Initio. This is where the seller puts the goods on board, takes a mateââ¬â¢s receipt and gives this to the buyer or his agent who then takes a BOL. In simple word, the buyer nominates vessel, obtaining the insurance premiums and makes a contract of carriage (through his agent) with the carrier. Cases : Pyrene amp; Co Ltd v Scindia Steam Navigation Co Ltd Pyrene sued Scindia in negligence for the cost of repairs ? 966. However, Scindia relied on a clause, incorporated into the carriage contract by the Hague Rules which limited the liability of the carrier to ? 200. The issue was then whether Pyrene could be bound by the contract to which they were not directly a party. Court held that although the buyer had made the contract, the court held that it must have been intended to bind and benefit the seller and had therefore been on his behalf. It was necessary to load the goods in order to fulfil the sellerââ¬â¢s duty to deliver the goods on board and he must therefore be in a contractual relationship with the carrier based on the acts of delivering the tender to the rail and lifting in abroad. Cases: Ian Stach Ltd v Baker Bosley Ltd Court held that under a classic FOB contract, the buyer has the right and responsibility of selecting the port and of making the arrangements for shipping. Duties of Seller: 1. Supply conforming goods, packed appropriately or in accordance with contract and supply documents conforming conformity. Cases: Wimble v. Rosenburg amp; Sons According to this case, the seller must put on board ship goods which conform to the contract and must pay all charges in connection with the loading. The seller is not obliged to book shipping space in advance ; the buyer must nominate the ship to carry the goods and notify the seller of the nomination in time to allow the seller to deliver the goods on board. The cost of carriage are for buyerââ¬â¢s account. Cases: George Wills amp; Sons Ltd v Thomas Brown amp; Sons Herrings were sold FOB London to an Australian buyer. The packing was inadequate and the herrings deteriorated. The seller was held to be in breach of the implied term that the goods must be fit for any purpose made known, expressly or by implication to the seller. 2. Deliver goods to buyer by placing them on board the vessel which has been notified by buyer ââ¬â at the port for delivery, at the time agreed and without delay inform the buyer of the fact. Cases: Peter Turnbull amp; Co Pty Ltd v Mundas Trading Co (Australasia) Pty Ltd. Good were sold FOB Sydney. The sellers then alleged they were unable to deliver at Sydney and asked to deliver at Melbourne. The buyers refused. The buyer sued the seller for non-delivery of goods at Sydney and the sellers were held liable. The duty of deliver at the agreed port of loading will not be affected by the fact that the seller has undertaken to arrange for the carriage of the goods. The port of loading is the essence of the contract and is considered as part of the description of goods. Similarly, the buyer cannot claim delivery elsewhere than the port agreed in the contract. . Place the goods on the vessel in the position and manner required 4. Pay any costs incidental to deliver of the goods. Means seller must pay any cost i. e handling, transferring the goods to the ship and loading. However, the seller is not responsible to pay the freight and cannot be forced to provide freight pre-paid of BOL from the carrier because the contract of carriage and the freight are made between the carrier and the buyer. 5. Obtain export license or other documents necessary for exportation of goods. Means: These duties will depend on a wide range of factors to determine who is responsible to obtain such documents. Relevant documentations for export which can be required are: certificates of origin, movement certificates, invoices of value and origin, pre-shipment inspection certification, standard shipping notes, dangerous goods note, certificate of health. Cases: Brandt amp; Co v Morris amp; Co Ltd. An order had been made by the British Government prohibiting export without license of a type of oil which was the subject matter of the parties FOB contract. Seller applied for license but failed to get until delivery period expired. Buyers sued for non-delivery. It was held that it was the buyerââ¬â¢s duty to obtain license as it was their duty to find an effective vessel which is legally capable of taking the good out of the country. Cases: AV Pound amp; Co v Hardy amp; Co Inc The court did not follow the decision in Brandtââ¬â¢s case. In this case, export license was required by Portuguese authorities for the delivery of turpentine. The license was not obtained. The sellers sued the buyers for breach of contract but the court held that the seller was responsible for obtaining the export license because the seller had a supplier in Portugal and they were in a better position to obtain the license. On the other hand, the seller may give any assistance which is requested by the buyer in obtaining documents facilitating export and give information to enable the goods to be insured. 6. Ship goods on time at port of shipment. Means: under an FOB sale, the buyer is responsible for making the arrangement for shipping the goods to their destination. Therefore, the seller is not under the duty to deliver the goods until he has received the shipment instruction from the buyer. The buyer is also under obligation to name the port of shipment. Cases: Harlow and Jones Ltd v Panex (Interntaional) Ltd The contract stipulated that the cargo was to be delivered during August/ September at the supplierââ¬â¢s option. The seller notified buyer that ? cargo was ready for an August shipment and therefore buyer should arrange for vessel. Buyer did not respond. On 1st August, buyer informed seller that he would be calling for loading between 12 and 23 August and the remainder at the end of August. On 3rd August, buyer inform seller he would not be able to load between 12 and 22 August since received no confirmation of his communication on the 1st August. On 11th August he wanted seller to give guarantee that he would be able to load the entire cargo between 24 and 27 August. Therefore, in whatever situation, once the seller is instructed by the buyer (whether the time will be fixed by the seller of the option was iven to the seller to fix the time of shipment) here, the seller is bound under obligation to ship the goods within the shipping period at the correct port of shipment. 7. Deliver goods on specified date at specified port of shipment. Means: the seller under obligation to deliver goods on the date specified at the port of shipment. If they didnââ¬â¢t, theyââ¬â¢re fails to follow description in contract. The seller is deemed t o deliver the goods to the buyer when the goods pass the ship rail on the date of shipment. The time of the actual arrival is irrelevant. Cases: Bowes v Shand The contract called for a cargo of 600 tons of Madras rice to be shipped at Madras during March and April. The seller tendered a cargo most of which had been loaded during February. The court held that the buyer was entitled to reject the goods. In FOB contract the property in goods passes when the goods cross the shipââ¬â¢s rail. Once the goods have been crossed the shipââ¬â¢s rail, the seller is deemed to have delivered the goods to the buyer. 8. Notify the buyer of the shipment. Means: generally in a classic type of FOB contract, the time of shipment was supposed to be determined by the buyer instead of the seller. However, in certain circumstances the option will be given to the seller to fix the time of shipment. 9. Obtain the relevant shipping documents and forward them to the buyer Means: Under classic FOB, the seller will receive the BOL which must be clean, shipped bill. Other types of FOB ââ¬â the buyer books shipping space in advance and the seller will receive mateââ¬â¢s receipt. Duties of Buyer: 1. Secure shipping space Means: The buyer in FOB contract has to nominate a ship which is suitable for loading. He has to determine a shipping period, place and also must give notice to the seller of readiness to the vessel. In other word, the buyer has to arrange for carriage of the goods. In classic FOB, the nominated ship must be an effective vessel; the vessel must be one which is ready and able to carry the goods in accordance with the contract of sale and also the vessel must be available to load the goods at the time and place fixed by the contract. Cases: J amp; J Cunningham Ltd v RA Munro and Co Ltd The contract was for the sale of bran, delivery FOB Rotterdam October shipment. The sellers had carried the goods to port by Mid-October but the buyers had not yet given any notice of readiness to load. They were only able to procure shipping space much later although it was still within shipment period. The bran had in the meantime deteriorated and sellers argued that the risk in the goods had shifted to buyers from the time the cargo was brought to Rotterdam. It was held that the 1st step to the performance of FOB contract is to be initiated by the buyers and not the sellers. The court found sellers liable for the goods as they had delivered the goods to port without 1st receiving notice of readiness from buyers. 2. Payment of the price for the contract Means : Section 31 of SOGA(1957) Malaysia, the buyer is under obligation to make payment. The payment of the price is determined by the contract. However, if no time stipulated in the contract, the buyer must pay the price in due as soon as the seller delivered the goods according to the contract. Under the FOB contract, there would be express provision as to manner of how and when payment is to be effected. In general, the buyer also must pay all cost to the goods, when the goods passed the shipââ¬â¢s rail. Payments included price of the goods, any cost due to failure to arrange of the contract, any cost incidental to importation of the goods, any cost incurred if the buyer need assistance from the seller. 3. Bear all the risk (loss/damage) to goods once they pass the shipââ¬â¢s rail 4. Obtain appropriate licenses and authorisations Means: for import of the goods and must comply with customs formalities whether in country of destination or country of transit.
Subscribe to:
Posts (Atom)