Thursday, February 20, 2020

Commercial law Essay Example | Topics and Well Written Essays - 2500 words - 1

Commercial law - Essay Example â€Å"What is needed for ascertainment is that the buyer should be able to say, Those are my goods This requirement is satisfied if he can say, All those are my goods. There is no need to be able to say that any particular goods came from any particular source.† Once the goods have been ascertained, thereby releasing the inhibition of sect. 16, the moment at which the parties intended title to pass may be inferred relying on the prima facie presumption created by rule 5(1) of sect. 18, i.e. that title passed when the unascertained goods sold by description and being in a â€Å"deliverable state†5 were unconditionally appropriated by one party with the assent of the other. Delivery of the goods by the seller to a carrier or other bailee for the purpose of transmission to the buyer is said by rule 5(2) of sect. 18 to constitute an act of unconditional appropriation.6 Where, for example, the seller still has the obligation under the contract to actually deliver the goods to the buyer, title may already have passed to the buyer upon some prior act of appropriation.7 Possession will only be transferred upon actual delivery.8 Unconditional appropriation is the irrevocable earmarking of the goods as the contract goods, after which act the seller gives up his right to change his mind and substitute other goods of the same kind.124 Unconditional appropriation was held, in Carlos Federspiel & Co., S.A. v. Charles Twigg & Co. Ltd.,9 to mean that the seller must have the intention to irrevocably attach the goods to the contract of sale, holding out that those goods and not others are the subject of the sale. When Ken Mortors selected six Ford Ka motors intending four to go to WAH, the goods going to WAH at that moment was sufficiently ascertained and earmarked because necessary documentation including the car’s identification would have to be prepared for delivery to WAH along with the specific cars. Therefore, title to the Ford Motors was passed to WAH at that

Tuesday, February 4, 2020

Implementing Qualitative Approaches to the Dissertation Research Paper

Implementing Qualitative Approaches to the Dissertation - Research Paper Example The problem is aggravated by lack of concern among members of the society and relevant stakeholders. Algebra is an essential part of mathematics. Learning mathematics is considered a basic feature of all education systems around the world (Hyde & Mertz, 2009). The importance associated with the subject can be linked to its ability to develop individuals with strong analytical and problem solving abilities. As a result, it is an important requirement for a workforce that can solve the challenges of the modern economy. In particular, algebra teaches individuals critical thinking. However, it is unfourtunate that the American society does not seem to be worried about the poor performance in intermediate algebra. In addition, an internet search revealed that few people have focused on the poor performance in intermediate algebra. Instead, the existing studies appear to have focused on basic mathematics or other stages of learning algebra. Understanding the causes will enable all the stakeholders to solve the problem in an effort to enhance the quality of the education system. The primary objective of this study is to establish the level of poor performance in algebra in the United States. The research will set the stage for comprehensively understanding the problem by evaluating the underlying causes. The focus on the causes of this worrying trend is influenced by the belief that the formulation of effective intervention measures depends on having a strong garsp of the challenges facing the instruction and learning of intermediate algebra. The secondary objective is formulating appropriate measures to deal with the problem. The last objective is to contribute towards the existing literature on the issue so that policy makers have a large body of work to use in creating policy measures. The qualitative nature of the study will influence the design that will be adopted (Englander, 2012). For instance, the process will rely on