The Rite Of Nokan Or The Encoffinment Religion Essay

The Rite Of Nokan Or The Encoffinment Religion Essay The rite of Nokan or the encoffinment where the corpse was placed in a casket during the funeral. Traditionally, the ceremony was to relieve the family of their grief by cleansing the dead of all his worldly suffering, while hoping they would have a better life in the afterlife. The specialist handled all the necessary requirements for ease of passage into the afterlife. In early times there were two main traditions practiced Shinto and Buddhist traditions. According to Shinto traditions, the dead as well as the family unit from which he/she came from were considered to be unclean and impure; therefore the corpse had to be washed for purification. Traditional Japanese believed that the dead persons soul remained impure for some period following death before purification through memorials done by the relatives of the dead; thereafter the soul was deindividuated into an ancestor god or goddess. Traditional Japanese opinion that dead people are impure is based on the Kojiki myth, where maggots came out of the rotting body of a god. Traditionally burial gowns were also considered garments for travelling that prepared the dead when travelling to the other world. The encoffinment rite was done by the family members as death was unclean. In modern times, in keeping with this rite, family members wipe the corpse clean with a cotton cloth dipped in alcohol with the assistance funeral specialists. Traditionally Japanese funerals were to serve as prayers for the deceased persons soul while also serving as the familys time for public mourning as it was meant to keep their loved one in their memories. Typically a Japanese funeral follows the sequence: when someone dies, they are placed to rest in their homes. The corpse was placed with the head pointing the North, copying the deathbed of Gautama, and the head of the bed is well decorated. Then the previously mentioned encoffinment process. The first night after ones death is called the Tsuya; and it is for close family and friends to remember their beloved. In the morning, a cleansing meal is served called Okiyome. The funeral is thereafter carried out where the Jukai rite also known as receipt of commandments gives the dead an opportunity to receive the Buddhist commandments, automatically making the dead a disciple of the Buddha, and the dead person is accepted into Buddha hood. After all this, the deceased embarks on the journey to the other world as the coffin is carried out of the house and burnt in a crematorium to ashes. Presently about 99% Japanese are cremated while only about 1% are interred. These changes in preference on the method of sending off the dead have been brought about by the Countrys main religion, changes in dwelling environments and changes in technologies. During the high-growth era of the 1970s, cremation became popular outside of metropolitan areas and crematoriums were built in several places as a matter of national requirement. VIEWS HELD BY JAPANESE ON CORPSES Generally the elderly Japanese do not perceive the body and soul as a duality, that is flesh and spirit. The corpse is considered a very important part and if funeral rites are not carried out, the deceaseds soul will not be mourned. It is very important that the corpse is attended to and the death is mourned by as many people as possible. Additionally the corpse must be well taken care of until all rites have been carried out. The body is not just considered a vehicle or an object or a shell for the soul but it is considered an entity with a will, hopes and rights therefore the family has a responsibility to care for them, respect them and accord them a befitting farewell.. CONTINUATION OF LIFE AND DEATH The Japanese considered death a passageway leading to the continuation of death and life. The Japanese held contradicting ideas concerning the dead. Even though they wish for and hope that the dead resurrect, they live in fear of the spirit and the possible return of the dead founded on the Shintoist principle of impurity, as explained earlier on in the funeral rites. They believe impurity is transmissible and transferrable and that, a house that experienced a death and even those involved in handling the corpse are also impure. Therefore Japanese funerals have a combination of rites to reaffirming death, protect the dead, and prevent bad luck and curses and prevent the dead from resurrecting. Some practices invoke the spirit of the dead from having a feeling of longing; which include Ichizen-meshi a single bowl of rice given to the dead and Matsugo-no-mizu which is water given to the dead at the time of death. There are other contrasting customs like the Sakasa-buton or upside-down futon, whereby the dead persons blanket is placed facing upside-down, and the Sakasa-byobu or upside-down folding of the dead ones screen, where a folding screen is placed upside-down on top of the head of the deceaseds bed, and Sakasa-mizu or upside-down water, where the water for cleaning the corpse is prepared by adding hot water into cold water rather than pouring cold water into hot water as normal. All this is done with the primary aim of separating the scary situation of death from peoples day to day lives and also to prevent pulling others in to death. Other customs were also used traditionally to make it impossible for the departed soul to remain in this life or to make an attempt to return to this life. They included making burial gowns without closed stitches or backstitches , and the practice of turning the coffin three times when taking it out of the house which was done in order to confuse the deceased preventing them from ever coming back home. Similarly the deceaseds bowl of rice is shattered, and the deceased exits the house through an exit that is not the front door. Throwing of salt is also another practice aimed to remove the uncleanness and impurity brought about by the death. Up to now, there is the Kichu custom a 49-day mourning and grieving period, during which the family does not attend any festivities. During this period, since the family was made unclean by the death it is shunned and avoided. There is also Mochu which is a one-year period. A time when the family mourns the death of their member and remembers the departed. Conclusion In conclusion we have discussed in this assignment how traditional Japanese viewed death their traditions and their myths concerning death and all the elaborate preparations they carried out when sending off their dead relatives. Why and how all the rites were practiced. How the deceaseds family had a responsibility to give the dead a befitting burial and respect them because it was assumed that the dead retained their individuality as they had it before their deaths. The idea and belief that death is a station led to a continuation and made it possible for communication between the old and the dead.

Bombs :: essays research papers fc

A bomb is a container filled with an explosive, incendiary matter, or gas that can be dropped, hurled, or set in place to be detonated by an attached exploding device. It may range in design from a homemade device used by terrorists, assassins, or clandestine raiders to a sophisticated weapon of war. The original bomb, an ancestor of the hand-thrown GRENADE, was a simple container filled with black powder (see GUNPOWDER), which was set off by a fuse lit by the thrower. In the 16th century, the Dutch invented a more sophisticated version, the MORTAR bomb, a round iron container filled with black powder that was set off when a fuse was ignited by the detonation of a propelling charge in the base of the mortar tube. By varying the length of the fuse, the bomb's time of detonation could be adjusted; thus, a bomb could burst in air. These bombs were predecessors of the ARTILLERY shell fired from a field gun with rifled bore. In the 20th century the aerial bomb became the most important adaptation of the weapon. Its construction is similar to that of the artillery shell. The conventional aerial bomb consists of an explosive or chemical agent in a container, one or several fuse-and-igniter mechanisms, and external fins for directional stability. Bombs dropped from high-performance aircraft have an advanced aerodynamic shape. The ultimate category of bomb is that utilizing nuclear material as the explosive ingredients--the ATOMIC BOMB, HYDROGEN BOMB, and the NEUTRON BOMB. 20th-Century Military Use The advent of the airplane in warfare led to the development of new types of bombs. The first massive aerial bombing took place in 1915 when German zeppelins carrying more than two tons of bombs began dropping "terror from the skies" on the British Isles. In the early stages of World War I, airplane pilots had their hands full just flying, and bombing was relegated to observers who merely tossed small bombs over the side. Aircraft engineering advanced, however, so that by 1918 multiengine bombers had become a reality and 450-kg (1,000-lb) bombs were in production. The next major step in the development of aerial bombing took place on July 21, 1921. Gen. Billy MITCHELL, a champion of military airpower, was finally allowed to test his theory that aircraft carrying bombs could sink major naval units, a theory that naval officials had considered ridiculous. On that date, in the first of three such demonstrations, the captured German dreadnought Ostfriesland was sunk in minutes by U.S. Army Air Corps bombers dropping 900-kg (2,000-lb) bombs. Warfare had been revolutionized; seapower was in jeopardy. During World War II, aerial bombardment was perfected. Massive raids, first by Germany and then by the Allies, demonstrated the devastating power of the conventional aerial bomb. Bombs :: essays research papers fc A bomb is a container filled with an explosive, incendiary matter, or gas that can be dropped, hurled, or set in place to be detonated by an attached exploding device. It may range in design from a homemade device used by terrorists, assassins, or clandestine raiders to a sophisticated weapon of war. The original bomb, an ancestor of the hand-thrown GRENADE, was a simple container filled with black powder (see GUNPOWDER), which was set off by a fuse lit by the thrower. In the 16th century, the Dutch invented a more sophisticated version, the MORTAR bomb, a round iron container filled with black powder that was set off when a fuse was ignited by the detonation of a propelling charge in the base of the mortar tube. By varying the length of the fuse, the bomb's time of detonation could be adjusted; thus, a bomb could burst in air. These bombs were predecessors of the ARTILLERY shell fired from a field gun with rifled bore. In the 20th century the aerial bomb became the most important adaptation of the weapon. Its construction is similar to that of the artillery shell. The conventional aerial bomb consists of an explosive or chemical agent in a container, one or several fuse-and-igniter mechanisms, and external fins for directional stability. Bombs dropped from high-performance aircraft have an advanced aerodynamic shape. The ultimate category of bomb is that utilizing nuclear material as the explosive ingredients--the ATOMIC BOMB, HYDROGEN BOMB, and the NEUTRON BOMB. 20th-Century Military Use The advent of the airplane in warfare led to the development of new types of bombs. The first massive aerial bombing took place in 1915 when German zeppelins carrying more than two tons of bombs began dropping "terror from the skies" on the British Isles. In the early stages of World War I, airplane pilots had their hands full just flying, and bombing was relegated to observers who merely tossed small bombs over the side. Aircraft engineering advanced, however, so that by 1918 multiengine bombers had become a reality and 450-kg (1,000-lb) bombs were in production. The next major step in the development of aerial bombing took place on July 21, 1921. Gen. Billy MITCHELL, a champion of military airpower, was finally allowed to test his theory that aircraft carrying bombs could sink major naval units, a theory that naval officials had considered ridiculous. On that date, in the first of three such demonstrations, the captured German dreadnought Ostfriesland was sunk in minutes by U.S. Army Air Corps bombers dropping 900-kg (2,000-lb) bombs. Warfare had been revolutionized; seapower was in jeopardy. During World War II, aerial bombardment was perfected. Massive raids, first by Germany and then by the Allies, demonstrated the devastating power of the conventional aerial bomb.

Multiple Intelligence Theory and Its Application to Education

The discourse surrounding multiple intelligence theory (MI) and its integration into education has been that of much debate. Written as an opposition to IQ testing, MI was originally developed as an alternate account of cognitive function, initially identifying seven distinct intelligences (verbal-linguistic, logical-mathematical, bodily-kinesthetic, spatial, interpersonal, intrapersonal and musical), and later acquiring two more (naturalist and existential).Applied to an educational context, the main aim of MI theory is to demonstrate the insufficiencies of IQ measurements and traditional testing methods as evaluations of student intelligence and the grounds for planning programs and curricula suitable for all students (Moran, Kornhaber, & Gardner, 2007). MI theory is attractive to many because it offers â€Å"a more pluralistic cognitive universe† (Gardner, 1995b, p. 16).However, vigorous debate challenges MI theory, whilst the lack of clear instruction for its integration i nto pedagogy has led to misconceptions and unfaithful application of its key elements. Some of the arguments pertaining to the integration of MI in schools, and in art and design classrooms in particular, will be explored below, firstly examining critiques of the theory itself. The first debate considers the empirical aspects of MI. In Frames of Mind (1983), Gardner presents his investigation of numerous empirical studies, from which he identified the initial seven intelligences.Thus, it can be said that MI theory is formed solely on empirical evidence. Since there can be no permanence to any empirically based theory, MI can be modified in accordance to new studies, openly allowing for discussion and constant reconceptualisation (Gardner, 1995a). Whilst Kevin Williams (2000) highlights the intuitively appealing natureof MI theory, Robert J. Sternberg identifies the need for a basis for testing and comparing these â€Å"attractive† empirical theories (1984, p. 700). Klein (199 8, p. 06) points out that Gardner, whilst expanding the claims of MI theory, â€Å"provides no evidence for them,† but further demonstrates the virtually â€Å"untestable† nature of MI theory that continued to exist over a decade after Sternberg’s critique.This means that whilst it difficult to prove that MI is wrong, it is equally difficult to prove that it is correct, which questions the validity of the theory in educational contexts. Secondly, MI theory has been accused of confusing intelligence with domain and discipline. Gardner (1995a, p. 02) explains that on the contrary, â€Å"an intelligence is a biological and psychological potential†¦ capable of being realized†¦ as a consequence of the experiential, cultural, and motivational factors that affect a person. † This definition is dissimilar to that of â€Å"domain,† which is a cultural concept, relating to culturally organized activities, in which individuals are involved. In the a rt and design context, sculpture, painting and woodwork would be examples of domains, which, according to MI, can be accomplished through the utilization if intelligences such as spatial, bodily-kinesthetic and logical mathematical.In saying that, Gardiner argues that intelligences can operate in many diverse domains(Gardner, 1995a; Gardner, 1998). Logical mathematical intelligence must be applied in planning and constructing a table, for instance, to attain correct measurements and angles. Perry D. Klein accuses MI of linguistic redundancy on the basis that each intelligence is defined â€Å"as an ability in a corresponding set of domains,† and an ability in each domain is explained â€Å"with reference to the intelligence† (Klein, 1997, p. 103).Gardner (1998) believes that Klein has confused these concepts, as each domain involves several intelligences, not just one by which it is defined. For example, a student who possesses high spatial intelligence might not neces sarily produce an effective poster design without also incorporating a degree of bodily-kinesthetic intelligence, cultural support, practice and good instruction. Gardner strongly disagrees with a third critique that MI theory â€Å"so broadens the notion of intelligence that it includes all psychological constructs and thus vitiates the usefulness, as well as the usual connotation, of the term,† (Gardner, 1995a, p. 03). His argument stems from allegations that the traditional definition of intelligence provides a thin and incomplete observation of its nature, touching on only psychometric capacity and disregarding other cognitive aspects. MI deals only with matters of the intellect and Gardner believes that a more useful comprehension of cognition can be gained by considering multiple semi-independent intelligences than what is offered by the hypothesis of a single â€Å"bell curve† model of intelligence. Conversely, some critics show concern that MI regiments the var iety of human intelligences due to the restriction of categories.The formation of categories and intelligences they include is, in the opinion of John White, based â€Å"on Gardner’s own value preferences† (White in Williams, 2000, P. 107). Williams (2000), however, asserts that White may have misjudged the way in which MI can allow for the diverse combinations of intelligences in the classroom. MI encourages that key concepts or disciplines be approached in a multiple ways to enhance a students experience of ideas and implications in a way that is familiar to them.In art and design, topics can be taught using a range of approaches, from narration of an artists or designers experience (interpersonal), class discussion (verbal-linguistic) and individual reflection (interpersonal and intrapersonal) to practical experimentation or stimulation (logical-mathematical, spatial and bodily-kinesthetic). By approaching content from different perspectives, teachers can increase t heir access to the intelligences of more students and allow students to see that they are capable of representing content and their knowledge in different ways (Gardner, 1995a)A fourth concern takes the form of what Gardner (1995a, p. 203) deems a myth: â€Å"MI theory is incompatible with g (general intelligence), with hereditarian accounts, or with environmental accounts of the nature and causes of intelligence. † His response is that MI theory is primarily concerned with exploring the intelligences and intellectual procedures that g does not take into account. MI examines the scope of g, not it’s actual existence. Similarly, MI theory focuses on exploring the interaction between genetic and environmental elements, impartial on the issue of whether particular intelligences are heritable.MI’s exploration of the unique intelligences of individuals allows them to understand that they have potential to be â€Å"intelligent† in multiple ways and are no longe r restricted to the â€Å"smart† or dumb† categories that are often ascribed to g (Moran, Kornhaber, & Gardner, 2007). Considering the above arguments, MI practice should not be considered in separation of MI theory and teachers should be aware of the discourse surrounding MI theory in order to make a more educated integration of its principles into their classrooms.The almost immediate attempt to integrate MI theory into educational contexts has generated positive results in its development. However, Burke (2007) also notes that many teachers have acquired information about MI that is in contradiction to what the theory actually suggests. Written in the context of psychology, Frames of Mind relates only six paragraphs to MI practice in education (Burke, 2007). Gardner denies that MI attempts to instruct pedagogy and sees it as the educator’s role to decide how MI will best serve students (Gardner, 1995a).Considering MI theory is not the result of standardized te sts, any testing that claims to be MI based, should use an â€Å"intelligent-fair† method, as opposed to linguistic or logical methods of pen and paper testing, so that each individual intelligence is directly examined. For instance, if a student is to be assessed in aspects of spatial intelligence, it should be done based on their practical interaction with and application of visual arrangements and materials, rather than written assessment.Gardner points out that the assessment of MI’s is not always a main concern in education, but if it is appropriate for testing to occur, it should exist within an environment where the student feels comfortable and is provided with familiar materials (Gardner, 1995a). Misguided notions of MI have led to the concern that teachers need â€Å"to plan eight or nine different entry points or approaches for each lesson† (Moran, Kornhaber, & Gardner, 2007, p. 26).Burke (2007) reports that in art classes where teachers attempted to teach to every intelligence, students began to complain about far-fetched lessons. It is not always feasible, nor appropriate to attempt to conduct lessons in this way, and Gardner (1995a) agrees that to do so would be a waste of time and effort. Klein points out that the complication of growing class sizes combined with the â€Å"supposed existence of eight intelligences† and their various levels of operation, would result in an â€Å"explosion in the workload of the teachers who would have to plan and deliver these programs† (1997, p. 38). Whilst the identification of â€Å"strong† areas of intelligence in individuals can be beneficial, Klein (1997) predicts that this could also mean that students will avoid areas where their intelligence is deemed â€Å"weak. † Within an art program, for example, a student with strong verbal linguistic intelligence and weak spatial intelligence might focus their efforts more heavily in developing a written report on an artist case study and avoid tasks that require them to create or interpret compositions or work with 3D modeling.Furthermore, if a student ascribes their strong logical-mathematical intelligence to an ability such as the careful planning of measurements for a project, and the calculations prove to be more difficult then they expected, Klein suggests that they often quit as they â€Å"interpret failure as a lack of this ability† (1997, p. 389). MI has also been applied to classrooms in trivial ways. This includes the practices that exercise aspects of particular intelligence without cultivating the mind (Gardner, 1995a).An example of this would be to have students thrash their limbs about to make random marks on a surface without informing them of what energized mark-making is about and how it is relevant to art. In order to achieve deep learning, applications of MI should be student-focused, considering the intellectual attributes of each individual in order to plan educatio nal programs that are relevant, appropriate, fair and engaging (Gardner, 1995b). Understanding the dynamics of intelligences within a classroom can assist teachers in their provision of rich learning experiences.This means understanding which intelligences, both on an individual and class level, will create interference, compensation or enhancement (Moran, Kornhaber, & Gardner, 2007). Having students work collaboratively on projects can allow for intelligences to operate â€Å"across students†¦ to build shared strengths† (Moran, Kornhaber, & Gardner, 2007, p. 28). In concluding, Gardner (1998) maintains the position that MI theory can provide a rich, flexible and useful set of tools and ideas for teaching that allow educators to meet the needs of increasingly diverse classrooms by utilizing knowledge of and tapping into the specific intelligences and ubskills of individual students. MI can be useful in explaining the behavior of individuals and identifying obstacles in t heir learning with the aim of making teaching and learning relevant for more students in order to achieve deeper learning. However, to avoid misconception and subsequent misapplication of MI theory, educators must be aware of the debate that surrounds it and its progress as a continually developing empirical theory.

Writing the Parts of a Stage Play Script

Writing the Parts of a Stage Play Script If you have a great imagination and you think you would enjoy telling stories through dialogue, physical interaction, and symbolism, you should really try your hand at writing scripts. It could be the beginning of a new hobby or career path! There are several types of scripts, including scripts for dramatic plays, television shows, short films, and full-length movies. This article provides a summary of the basic steps you can take to write your own dramatic play. At the basic level, the rules for writing and formatting are flexible; writing is, after all, an art! Parts of a Play There are certain elements you’ll want to include if you want to make your play interesting and professional. One important concept to understand is the difference between the story and the plot. This difference is not always so easy to understand, however. Story pertains to the things that really happen; it is the chain of events that take place according to a time sequence. Some of the story is fluff- it’s the filler that makes the drama interesting and keeps it flowing. Plot refers to the skeleton of the story: the chain of events that shows causality. What does that mean? A famous writer named E. M. Forester once clarified a plot and its relationship to causality by explaining: â€Å"The king died and then the queen died is a story. The king died and then the queen died of grief is a plot. The time-sequence is preserved, but their sense of causality overshadows it. Plot The action and emotional ups and downs of a plot determine the plot type. Plots have been classified in many ways, starting with the basic concept of comedies and tragedies used in ancient Greece. You can make up any type of plot, but a few examples might help you get started. Episodic: Episodic plots involve episodes: several events are linked together with each event or â€Å"episode† containing a possible climax.Rising Action: This plot contains a conflict, tension, and climax to resolve the conflict.Quest: This type involves an adventurer who sets off on a journey and reaches a goal.Transformation: In this variety of plot, a person changes character because of an experience.Revenge or Justice: In a revenge story, a bad thing happens, but eventually everything works out evenly. Exposition The exposition is the part of the play (normally in the beginning) in which the writer â€Å"exposes† the background information that the audience needs to understand the story. It is an introduction to the setting and characters. Dialogue The dialogue of a play is the part that allows you to show your creativity. A play is carried along through conversations, called dialogue. Writing dialogue is a challenging task, but it is your chance to flaunt your artistic side. Things to consider when writing dialogue are: Habits or accents that provide insight into the characterActions or behavior the character displays while talking Conflict Many plots involve a struggle to make things interesting. This struggle or conflict can be anything from a concept in one person’s head to a battle between characters. The struggle can exist between good and evil, between one character and another, or between a dog and a cat. Complications If your story is going to have a conflict, it should also have complications that make the conflict even more interesting. For instance, a struggle between a dog and a cat can be complicated by the fact that the dog falls in love with the cat. Or the fact that the cat lives in the house and the dog lives outside. Climax The climax happens when the conflict is resolved in some way. It is the most exciting part of a play, but the journey toward a climax can be choppy. A play can have a mini-climax, a setback, and then a bigger, final climax. If you decide you enjoy the experience of writing scripts, you can go on to explore the art in college through elective or even major courses. There you will learn advanced practices and proper formatting for submitting a play for production someday!

buy custom Systems Support and Treatment Integrity essay

buy custom Systems Support and Treatment Integrity essay Systems support is the continued provision of material and services necessary for the improvement and use of a system in the course if its lifecycle. Treatment integrity refers to the state of implementing a program as intended in order to evaluate it properly. Applied behavior analysis is a science that supports the application of modern behavioral learning theory to alter behaviors (Lavie Sturmey, 2002). According to Lavie Sturmey (2002), behavior analysts focus on the use of observable relationship of behavior rather than the use of hypothetical concepts to the environment. This discussion will consider the role systems support and treatment integrity in applied behaviors analysis, as well as training and procedural integrity. Applied behavior analysis finds systems support important because of a good system for altering individual behaviors. This is because systems support ensures continued provision of materials and services for a better system. Treatment integrity ensures proper evaluation of a program, thus benefiting applied behavior analysis, which depends on the program for behavior change. Therefore, applied behavior analysis has a close relationship both to systems support and treatment integrity because the two are significant in improving the required program (Lavie Sturmey, 2002). It is important to give a thorough training to the staff to ensure that they effectively implement assessment process (Wallace Doney, 2004). Assessing the procedural integrity of assessment procedures is very crucial because it ensures that independent variables undergo implementation according to the written procedures. Procedural integrity refers to the extent that the independent variables undergo a precise implementation as the written procedures. High levels of integrity result from accurately and clearly written procedures. Procedural integrity depends on training because the staff that has undergone a thorough training will ensure accurate implementation of a program according to the written procedures (Wallace Doney, 2004). Training takes place before the actual implementation of a program. The non-specialist staff finds training as very crucial. Buy custom Systems Support and Treatment Integrity essay

Flinty Individualism That Makes Sympathy Look Like Weaknesses Essay

Flinty Individualism That Makes Sympathy Look Like Weaknesses - Essay Example One of the most important things that I believe people should not forget about when watching a reality show is that there is nothing â€Å"real† about their reality. It is made to look line a documentary of real life but there is nothing real about it. The events depicted in these shows are still scripted and story boarded for a whole season. The producers, writers, directors, and cast members know before hand what story will play out and how. The problem with this scenario is that people are not privy to the fact that they are watching a new age soap opera and thus, take everything depicted within the show to be a reality of life that should be emulated and promoted as a part of civilized society. These â€Å"reality† shows truly promote, as Francine Prose explains it, â€Å"a culture of flinty individualism† as the characters on the show continuously promote bullying and demeaning of one another as a fact of life. Self interest and winning the game is all that matters for these people and they bring themselves to the bottom most rung of civilized society in order to stay ahead and win the game. Sadly, because people think that this is the way people should be acting in real life, â€Å"reality† shows have enhanced the social problem of bullying, selfishness, and lack of respect for one another in real life situations.   As Jeff Williams succinctly explained, television has a way of making people unaware of the information being fed to them. There is no way the viewers can tell fact from fiction in these instances thus.

Warranties and Product Liability Essay Example | Topics and Well Written Essays - 2000 words

Warranties and Product Liability - Essay Example A warranty also comes to the fore in any contract of sale whenever such contract is subjected to any condition whereby such is not performed. The promisee therefore, has two options. He may refuse to proceed with the contract by reason of a breach of warranty or he may waive the performance of that condition. To test whether in a contract of sale there is warranty, the pertinent question is whether the buyer is an 'ignorant' buyer who relied on the seller's affirmation of fact or promise or not. If he is, there is warranty. However, in one case, there is no warranty when the purchaser is expected to have an opinion and the vendor has no special opinion (Spencer Heater Co v Abbot). In the hereinabove definition of warranty, there are 2 kinds of general warranties enumerated i.e. express warranty and implied warranty. A third one, statutory warranty has recently been added via legal enactments. From these 3 categories are engendered several other warranties which may be express or implied depending on the facts of the case. Express warranty is any affirmation of fact or any pledge by the vendor relating to the goods if the natural inclination of such affirmation or pledge is the inducement of the vendee to buy the same, and if the vendee purchases by reason of such affirmation or pledge. Thus, it is imperative that such warranty... express warranty and implied warranty. A third one, statutory warranty has recently been added via legal enactments. From these 3 categories are engendered several other warranties which may be express or implied depending on the facts of the case. Express warranty is any affirmation of fact or any pledge by the vendor relating to the goods if the natural inclination of such affirmation or pledge is the inducement of the vendee to buy the same, and if the vendee purchases by reason of such affirmation or pledge. Thus, it is Warranties 3 imperative that such warranty as derived from the language of the contract must be explicit and may take form as an affirmation, pledge or representation (Parish v Kotthoff). The Patricia Henley case whereby petitioner Henley sued Philip Morris for damages on the basis of the latter agent's misrepresentation to her that she should shift to Marlboro Lights in order to escape or diminish the risks of smoking, is one potent example of express warranty. The court ruled that the petitioner's carcinoma of the lungs was caused by her chain-smoking of Marlboro Lights and that such was induced by the (mis)representation of Philip Morris'agent that such is not only safe but desirable (Henley v Philip Morris). Another example is when the product contains these words in the label "This product is guaranteed free from defect". Implied warranty, on the other hand, doesn't involve any explicit promise rather the warranty is imposed on the seller by operation of law. The basis for such is the circumstances of the sale. Thus in each contract of sale, oral or written, it is implied or inferred that the