Offer and acceptance of advance repudiation The WritePass Journal

Offer and acceptance of advance repudiation Introduction Offer and acceptance of advance repudiation Introduction1. The lapse of time:2.   Accepting the breach:Affirming the contractCharactersistics:Requirements:1. Legitimate interest:2. No cooperation:Risk to the non-breaching party following the decision to affirm after the other party’s anticipatory repudiation:ReferencesRelated Introduction Repudiation in the present sense occurs where a party indicates, either expressly or impliedly, by words or conduct that he does not intend to honor his obligations when they fall due in the future.(Richards, 2004) and (Furmston, 2006) p.688 It must be observed that, even if the party wrongfully repudiates all further liability, the contract will not automatically come to an end. Sinceits termination is the converse of its creation, principle demands that it should not be recognized unless this is what both party intend. The familiar test of offer and acceptance serves to determine their common intention. Where A and B are parties to an executor contract and A indicates that he is no longer able or willing to perform his outstanding obligations, he in effect makes an offer that the contract shall be discharged.(Furmston, 2006) Therefore B is presented with an option. He may either refuse or accept the offer as in Denmark Productions Ltd v Boscobel Productions Ltd[1]. More precisely, he may either affirm the contract by treating it as still in force or on the other hand he may treat it as finally and conclusively discharged. The consequences vary according to the choice that he prefers.(Furmston, 2006). Once the innocent party has elected to affirm or for that matter to treat the contract as discharged, he cannot retract his election. In Panchaud Frà ¨res SA v Établissements General Grain Co.[2] it was held that affirmation is really a species of waiver that results in an innocent party being stopped form alternating his election.(Richards, 2004) 1. The lapse of time: The injured party does have time to decide whether to affirm or terminate the contract but doing nothing for too long may be seen as affirmation as in the case StoczniaGdanska SA v Latvian Shipping[3]. (Koffman and Macdonald, 2004) The Court of Appeal recognized that there was a period prior to the election when the non-breaching party was making up its mind whether to terminate or affirm. In this period the contract and the right to terminate were both kept alive. As Rix LJ noted, this period cannot extend indefinitely and inaction over a sufficiently lengthy period may be held to constitute affirmation. In addition, since the contract remains alive until the non-breaching party terminates, the non-breaching party will be subject to the same risks that affect the non-breaching party who formally affirms. (Poole, 2008) 2.   Accepting the breach: An anticipatory breach of contract entitles the innocent party to terminate performance of the contract immediately. The novel feature of anticipatory breach is that acceptance of the breach entitles the innocent party to claim damages at the date of acceptance of the breach. He does not have to wait until the date fixed for performance, even though this has the effect of accelerating the obligations of the party in breach. It does seem illogical to say that a party can be in breach of contract before the time fixed for performance under the contract(McKendrick, 2009). The innocent party may choose to immediately terminate the contract and sue for damages even though the date for actual performance has not passed. This choice arises, it is said, because the other party has repudiated the contract by her actions.(Atiyah and Smith, 2006) Where the innocent party does decide to terminate performance of the contract he must give notice to the party in breach that he is accepting the anticipatory breach (or otherwise overtly evidence his acceptance of the breach) and he must not inconsistently with his decision to accept the breach (McKendrick, 2009). The innocent party has the right to elect to accept the repudiation as discharging the contract with the result that all his future obligations under the contract come to an end, as do the obligations of the guilty party, though here his obligation to pay damages arises by operation of law, as stated in Moschi v Lep Air Services Ltd.[4](Richards, 2004) There are, of course, dangers in treating an action by the other party as repudiation if it turns out to be viewed otherwise by the court. The party purporting to accept a repudiatory breach may well take action (as was the case in Vitol v Norelf) which itself involves a breach may find the tables turned and that that party itself is now liable to damages for its own breach of the contract. In Federal Commerce and Navigation Co Ltd v Molena Alpha Inc, the Nan Fir[5] which concerned the operation of three time charter parties, the charters deduct various amounts from the hire which they paid to the owners. The owners objected and issued instructions to the masters of a vessel concerned to withdraw all authority to the charters on their agents to sign the bills of lading. This action was held to amount to a repudiatory breach which entitled the charter to terminate the charter parties. (Stone, 2009) The innocent party must act so as to make plain that he claims to treat the contract as at an end. There is no reason why the acceptance of an anticipatory repudiation should not take the form of words or conducts which make it plain that the innocent party is responding to the repudiation by treating a contract as at an end. Thus, a failure to perform contractual obligations is capable of amounting to an acceptance of an anticipatory repudiation of a contract: Vitol S.A v Norelf Ltd; The Santa Clara[6]. The non-breaching party can sue at once, need not wait and if he does, he can win even though at the time of action his right is contingent, leading case is Frost v Knight 1872. (Upex et al., 2003) The most striking feature of the doctrine of anticipatory breach is that the acceptance of the breach entitles the victim to claim damages at one, before the time fixed for performance. This rule was established in Hochster v De La Tour. (Peel, 2007) Hochster v De La Tour[7] made it clear that damage can be claimed immediately on the basis of an accepted anticipatory breach without any need to wait for the time of performance. A similar result was reached in Frost v Knight[8]. In that case the defendant was promised the plaintiff that he would marry her when his father die. Subsequently the defendant broke off his engagement to the plaintiff. She took action while the defendant’s father was still alive and was successful in her claim. (Koffman and Macdonald, 2004) A leading case upon this subject is Hochster v De La Tour. The right to claim damages immediately exists even when the performance is not absolute as in Hochster v De La Tour but contingent as in Frost v Knight. In that case, performance was contingent upon an event which might not happen within the lifetime of the party.(Beatson, 2002) If the non-breaching party has terminated following the renunciation, it is clear that he can claim for damages from that time and does not need to wait until the date fixed for performance under the contract (Hochster v De La Tour). However, the non-breaching party would be under a duty to mitigate its loss as from the date of termination. In Reichman v Beveridge[9], a landlord and tenant case, the tenant argued that having left the premises three years into a five-year lease, there was a duty placed on the landlord to mitigate in a claim for rent arrears following the abandonment, e.g., by finding a replacement tenant, marketing the premises and not rejecting offers from prospective tenants. However, the Court of Appeal accepted that there was no such duty to mitigate in an action in debt (i.e., the action for arrears of rent).(Poole, 2008) Awarding damages for breach before performance is due may seem objectionable because where the interval between termination and the time of performance is long; an immediate damages award accelerates the defendant’s obligations and increases the potential for errors in quantifying damages since that conventionally rests on the market value of the lost performance at the time of performance. However, the rule can be justified for encouraging the speedy resolution of broken-down contracts and minimizing the claimant’s losses. It gives the claimant the incentive to terminate the contract immediately and move on, rather than keeping himself ready to perform (which is likely to increase his loss) a contract which will inevitably be breached come the time of performance.(Chen-Wishart, 2007) Affirming the contract Charactersistics: The non-breaching party can choose not to accept the repudiation, say by communicating that she is still expecting performance from the other party, then the contract remains in operation. In this case the innocent party can terminate or sue for damages if and when the breach actually happens, but in the meantime must remain ready to perform as required by the contract. This principle that the innocent party must remain able and willing to perform if he keeps the contract alive is, however, qualified by another principle, to the effect that if the guilty party continues to make it quite clear that he will not perform, the the innocent party can eventually abandon his attempts to perform. This can either be seen as an ultimate acceptance by conduct of the repudiation, after its initial rejection, or as an act of induced reliance by the innocent party, which stops the guilty party from complaining about the former’s inability to perform. (Atiyah and Smith, 2006) On the basis that the breach is repudiatory, the usual election will apply so that the non-breaching party will have the option of accepting the breach as terminating the contract, or affirming and awaiting performance on the contractual date set for that performance to begin (Fercometal SARL v Mediterranean Shipping Co. SA[10]).(Poole, 2008) In White Carter (Councils) Ltd v McGregor[11], the House of Lords (by a majority of 3:2) held that they were entitled to recover the contract price. There was no requirement that they minimize (or mitigate) their loss by finding an alternative business or product to advertise on the litterbins.(Poole, 2008) One of the reasons for the strict approach to identification of affirmation as requiring clear and unequivocal evidence of an intention to continue with the contract, is frequently stated to be that the election is irrevocable, i.e., having affirmed, the non-breaching party cannot change its mind in the period between affirmation and the contractual date for performance (although following non-performance on the contractual date there would be a new opportunity to elect to terminate or affirm for that actual repudiatory breach. As stated by Lord Ackner in Fercometal v Mediterranean Shipping: ‘there is no third choice to affirm the contract and yet be absolved from tendering further performance unless and until the breaching party gives reasonable notice that he is one again able and willing to perform’.(Poole, 2008) It has long been recognized that where the breach is continuing one (i.e., it continues after affirmation) and is repudiatory, the fact of the earlier affirmation will not prevent the non-breaching party form choosing to terminate in the period prior to that date set for contractual performance. This was recognized by Thomas J (obiter) in Stocznia Gdanska SA v Latvian Shipping Co[12].(Poole, 2008) If the injured party chooses not to accept the repudiation, then there is no breach at that point and no duty to mitigate. If the injured party can sue for the debt, he will not be concerned with the rules restricting recovery of damages, including the duty to mitigate. This can lead to the injured party claiming payment for an ‘unwanted and wasted’ performance, which contractors awkwardly with the mitigation rule’s limitation on recovery. The point arises from decision in White and Carter (Council) (Koffman and Macdonald, 2004). Where the innocent party does decide to affirm the contract and demand performance at the stipulated time, a number of consequences flow from this decision. The first is that affirmation does not prevent the innocent party accepting the breach if, at the date fixed for performance, the other party still refuses to perform. The second is that the innocent party, in addition to affirming the contract, may continue with the performance of his obligations under the contract, even though he knows that the performance is not wanted by that other party. This is what happened in the controversial case of White and Catter (McKendrick, 2009). Requirements: The principle laid down in White and Carter is, in fact, the subject of a number of qualifications. The first is that the innocent party cannot compel the party in breach to cooperate with him so that, where the innocent party cannot continue with performance without the cooperation of the party in breach, he will be compelled to accept the breach (Hounslow LBSC V Twickenham Ltd). The second qualification is derived from the speech of Lord Reid in White and Carter when he said that: ‘it may well be that, if it can be shown that a person has no legitimate interest, financial or otherwise, in performing the contract rather than claiming damages, he ought not to be allowed to saddle the other party with an additional burden with no benefit to himself.’ (McKendrick, 2009) 1. Legitimate interest: In view of the objections to wastage inherent in the White Carter principle, subsequent courts have seized upon statements by Lord Reid in order to limit the potential scope of the principle (indeed, Megarry J in Hounslow v Twickenham[13]).(Poole, 2008) Lord Reid said that the general power to affirm the contract could not be exercised by a person who had no ‘legitimate interest, financial or otherwise, in performing the contract rather than claiming damages’. However, it would be sufficient that it was merely ‘unreasonable’ to affirm; something more than this would be required.(Poole, 2008) Thus, the guilty party can avoid the operation of the principle in White Carter v McGregor by establishing that the non-breaching party has no legitimate interest in continuing performance.(Poole, 2008) Lord Reid’s statement was adopted and applied in Clea Shipping Corp. v Bulk Oil International Ltd, The Alaskan Trader[14]. The principle is clearly aimed at preventing very obvious wastage when the other party does not require performance. (Poole, 2008) 2. No cooperation: The second limitation requires that the affirming party must be able to continue with their own performance of the contract without the cooperation of the breaching party in order to be able to claim the contract price (otherwise the affirming party will be limited to a remedy in damages).(Poole, 2008) Cooperation in this context includes both active and passive cooperation of the renouncing party (e.g., Hounslow London Borough Council v Twickenham Garden Developments Ltd[15]: following renunciation by the local authority employers, contractors had no right to insist on continuing to perform the contract because the work was being done on local authority property and they were unable to gain access to the site without the local authority’s permission).(Poole, 2008) However, the restriction in White Carter that a claimant will be limited to a remedy in damages where he is unable to perform without the cooperation of the contract-breaker, applies only where the performance which has been prevented by the breach was a pre-condition to the payment obligation, i.e. the performance obligation was entire (in caseMinistry of Sound (Ireland) Ltd v World Online Ltd[16]) (Poole, 2008) Risk to the non-breaching party following the decision to affirm after the other party’s anticipatory repudiation: On the other hand, a decision to affirm the contract may work to the disadvantage of the innocent party. The first disadvantage is that an innocent party who affirms the contract may lose his right to sue for damages completely if the contract is frustrated between the date of the unaccepted anticipatory breach and the date fixed for performance (Avery v Bowden). Secondly, an innocent party who affirms the contract but subsequently breaches the contract himself cannot argue that the unaccepted anticipatory breach excused him from his obligation to perform under the contract. Where the breach is not accepted the parties remain subject to their obligation under the contract, so that the ‘innocent party’ may find himself liable to pay damages for breach of contract if he fails to accept the breach and subsequently breaches the contract himself (The Simona).(McKendrick, 2009) Following affirmation, the non-breaching party is exposed to a number of risks in the period between affirmation and remedies following the earlier renunciation. The existence of these risks lends support to the position adopted by the Court of Appeal in Stocznia since, if the non-breaching party does have to accept these risks, it is arguable that in this period the ability to terminate should continue to exist where the renunciation is continuing.(Poole, 2008) The risks placed on the affirming party in the period between affirmation and the date for performance are not insignificant. For example: 1.If the non breaching party is itself in breach of contract, that party cannot argue, at least not unless estoppels operates, that the initial renunciation by the other party operates as an excuse for its own subsequent breach as in Ferometal SARL v Mediterranean Shipping Co, SA, The Simona[1]. Once the contract was treated as being still in force, it was ‘kept alive for the benefit of both parties’, and the party affirming could not both keep it alive and seek to justify his own non-performance by reference to the earlier repudiation.(Poole, 2008) In a situation where there has been an anticipatory breach of contract the innocent party elects to affirm the contract, he is still required to perform his own obligations under the contract but faces the danger that, should he subsequently become guilty of a breach of contract, the other party may escape liability. This point was discussed in Ferometal SARL v Mediterranean Shipping Co, SA, The Simona.(Richards, 2004). 2.Similarly, if the contract is frustrated in the period between the affirmation and the due date for performance, the frustration will discharge the contract and the non-breaching party will lose the remedy of damages for the breach as in Avery v Bowden[2], the outbreak of Crimean War, thus depriving the ship-owners of a remedy they might have had for the failure to provide a cargo, hat that repudiation been accepted as terminating the contract.(Poole, 2008) A further danger with affirmation lies in the possibility that a frustrating event may occur after the innocent party has affirmed the contract. Where an innocent party has decided to affirm a contract and there is a breach when the date of performance on the contract arrives. References Atiyah, P. S. Smith, S. A. (2006), Introduction to the law of contract, 6th ed, Oxford: Oxford university press. Beatson, J. (2002), Law of contract, 28th ed, Oxford: Oxford University Press. Chen-Wishart, M. (2007), Contract law, 2nd ed, Oxford: Oxford University Press. Furmston, M. (2006), Cheshire, Fifoot and Furmstons law of contract, 15th ed, Oxford: Oxford University Press. Koffman, L. Macdonald, E. (2004), The law of contract, 5th ed, London: Tolley. Mckendrick, E. (2009), Contract law, 8th ed, Basingstoke: Palgrave Macmillan. Peel, E. (2007), Treitel, The law of contract, 12th ed, London: Sweet Maxwell. Poole, J. (2008), Textbook on contract law, 9th ed, Oxford: Oxford University. Richards, P. (2004), Law of contract, 6th ed, Harlow: Pearson Longman. Stone, R. (2009), The modern law of contract, 8th ed, London: Routledge-Cavendish. Upex, R., Bennet, G. Chuah, J. (2003), Davies on contract, 9th ed, London: Sweet Maxwell.

Analysis Of Barn Burning By William Faulkner Essay -- William Faulkner,

Faulkner shows the feelings of Sartoris by vividly describing the setting. The second to last paragraph starts off by saying, â€Å"At midnight he was sitting on the crest of the hill† (169). By providing the time of â€Å"midnight,† it shows a new chapter for Sartoris. The time of midnight represents a new day, and for the main character, a new day is symbolic of a new beginning. Also, Sartoris is described as â€Å"sitting on the crest.† A crest is a high point. The use of this word means two things: going up the hill is over and going down hill is beginning. Symbolically, going uphill was escaping his past. It was difficult for Sartoris to have to deal with the history he had with his family. Faulkner showing that Sartoris’s next step of going downhill is a foreshadowing that his life is going to be easier than before. Close to the bottom of the last paragraph, Faulkner says, â€Å"he went down the hill, towards the dark woods within which ... ... middle of paper ... ...d now. The last line states, â€Å"he did not look back† (169). Faulkner using this quote as the last sentence shows Sartoris’s determination to progress without reverting back to his past. Faulkner’s writing is very symbolic. Sartoris’s physical feelings also describe his mental and emotional states. Sartoris lived the first part of his childhood in fear of his father. In the final two paragraphs, Faulkner is presenting the moment Sartoris breaks away from being consumed by his father’s shadow and the fear of his father. Faulkner’s description of the setting is symbolic of how Sartoris feels about earning his freedom. Sartoris’s feelings about his freedom and brighter future are expressed through the shift from a dark tone to a hopeful one. The symbolism of Sartoris’s physical actions is a way Faulkner shows how Sartoris was feeling emotional upon obtaining his freedom.

Little Red Riding Hood Assignment Example | Topics and Well Written Essays - 500 words

Little Red Riding Hood - Assignment Example In the modern version, the girl finds herself in the woodland after sneaking from her grandmother’s cottage to taste strange fruits and wild berries. The girl in the traditional version of the story appears to experience anxiety after meeting the wolf, but sojourns on to reveal her identity and whereabouts of her grandmother, an action that later costs her dearly while in the modern version, the girl spots the wolf, instantaneously falls in love with him and runs to catch it just to spend jiffies together. Whereas in the traditional version it is the girl who admires the beauty of the imposed grandmother, in the other version it is the wolf that admires the physique of the girl. Unlike in the traditional version, the modern tale allows the grandmother and the girl to live after meeting the wolf; the girl enjoys life with the wolf, giving birth to Leroi, the first Loup. Noteworthy, a clear analysis and interpretation of the two stories indicate that the stories are the same. The main character remains the same. The aforementioned differences arise due to changes in time, culture and geographical location of the writers. The events have been slightly altered to suit or portray the differences in cultures, landscape, and time and the need to make it easy and relaxing for the audience to relate it to their real experiences. The second version seems to have been developed from the first version. Apparently, I used context, flow of events, and themes to establish the level of difference and sameness in the two versions of the story. The context of the story remains same; an untarnished consideration of the stories designate that the forest and village are an imperative setting. I further considered how the story unveils, for instance, how the girl meets the wolf and how the end is designed. Additionally, I considered the themes of disclosure of identity and the girl’s growth to adulthood. Therefore, using

Human genetic engineering Research Paper Example | Topics and Well Written Essays - 2000 words - 1

Human genetic engineering - Research Paper Example s of an organism and can either be positive or negative where negative brings a subject up to par while positive modifies genetic material to bring it beyond normal limitations (171-175). However, it is important to note that amid arguments and hot debate regarding genetic engineering, it is ethical to use technology in particular cases including altering cells and DNA to minimize disease effects and combating other genetic disorders. This article provides argument regarding human genetic engineering. Biotechnology is the utilization of science and biology technology to alter the living or non-living materials for the production of knowledge, goods, services that are innovative and can improve people’s lives (Evans 44-48). It is a technology that uses living organisms to make superior products that meets life’s greatest needs in a careful and regulated way and serving the needs of scientists. It is worth noting that biotechnology has been in existence for quite a long time including preservation of dairy products and beer fermentation and forms a huge part of the daily life but it has now been to humans. According to Evans, biotechnology plays a major role in meeting human’s daily needs through resource efficiency, food security as well as modification of human genes (44-48). Various things including increase in yields characterize biotechnology as well as offering built in protection against insect damage, prevention of soil erosion, and eventually reduce po verty by increasing food security for a growing population (Gyngell 495-503). However, biotechnology has had serious effects on both human and enhanced climatic changes. Genetically modified humans and organisms are technologically altered through the process of modern biotechnology or gene technology. They are developed because they are perceived to super human who are capable of performing many things that cannot be performed by ordinary persons (Evans 52-59). It is important to note that human

Economics of Computers :: essays papers

Economics of Computers Introduction and Background The computer service industry can be broken down into several categories ranging from reseller to consultant. Entrà © Computers / Executive Business Machines Inc. (EBM) was a sales and service organization for typewriters at its inception in 1972. However, as the corporate market shifted its needs from typewriters to word processors to personal computers, so did EBM change its product line to meet that demand. Now they are trying to compete in a very competitive low margin industry. They are a small single location company with annual gross revenues of twenty million (USD). However, as the profit margin and price of their product continually drop at a rate of forty percent annually, it becomes more difficult to show increasing gross revenues. They will need to find a place in the market, a niche, to survive and effectively compete with larger internationally known corporations as well as small local companies that are very much like their own. Indust ry Structure, Competitors The market is extremely competitive price-searchers market; product is often sold below manufacture's cost just to maintain market share and brand loyalty. It is a competitive price-searcher market because of the low barriers to entry and no regulations in price. Firms in this market are faced with a downward-sloping demand curve. The sellers range from international organizations, which retain over twenty thousand employees, to very small local shops with as few as two workers. The low-end of the market could be considered a Natural Monopoly because the average costs of production are continually decreasing as a result of higher production, improved technology and increased competition. However, there is a high end of market that would be deemed an Oligopoly, because it consists of a small number of sellers due to a very high barrier to entry. Typically the differentiated products are custom-built solutions that can only be provided by companies of the siz e and stature of a big six consulting firm or an internationally know organization such as Oracle or SAS. There are very high barriers to entry to compete in this market since the clients to this product are looking for large-scale international support. In order to implement a sophisticated differentiated product like Oracle financials or SAP, a company needs to retain an enormous overpaid staff of software engineers to develop, support, and implement such solutions. Very few companies are capable of retaining and / or attracting the staff necessary to provide such solutions.

Nutrition And Athletics

Good Nutritional practices play a very critical role in the physical performance of not only human beings but also all living creatures. To excel in any endurance physical activity, all the body systems must perform since the bioenergetics’ functions of the muscles has to be sustained in order to function at peak levels. (Berning, J. and E. Hultman. 1972)Energy providing nutrients, carbohydrates, lipids (which are also known as fats), and proteins provide fuel for the bioenergetics reactions, vitamins and minerals on the other hand speeds up the rate the bioenergetics’ reaction (acts as a catalysts); where water acts as a solvent for all these reactions and also serves as a cooling agents for the body from the heat which is produced by the bioenergetics reactions. (Bobb, A et al. 1969) All these nutrients are needed in appropriate quantities so as to enable the body function efficiently especially during exercise or sport. (Singh,V. N. 1992)Food is the major source of a ll these nutrients although sometimes nutritional supplements are used during critical times especially when a performer needs urgent nourishment either through oral or through introversions (IV) infusion. The gastro intestinal tract (GIT) helps to break down this food into smaller components (digests) so as to ease the process of absorption. The body cells then utilize the absorbed nutrients for all metabolic reactions in the body including energy production. (Asterita M. F, 1986) Studies show that the foods eaten today serves as a body part in the future therefore nutrition is very essential.This paper discusses the dietary requirements of an athlete, especially essential nutrients with regard to their forms, functions, food source, dietary recommendations and deficiency risks. BODY Athletes like all intensive /endurance physical activities is a high energy consuming exercise therefore diet is very critical and very essential for the health and performance of an athlete. However, Nutritional requirements for an athlete vary from one athlete to another depending on the time taken during training and actual performance. (Brouns, F. 1993)The aims of good nutrition in an athlete according to, (Buskirk, E. R 1997) include: o To help the athlete recover from performance or training o To prepare the athlete for performance or training o And to maintain the level of performance or training of an athlete Therefore unless an athlete is well nourished he/she may not exploit his/her full potential. This nutrition involves a balanced diet which is regular and with the required amount of proteins, carbohydrates, vitamins, minerals and water. The individual nutrient requirements and the deficiency side effects include: CarbohydrateCarbohydrate is a very important source for an athlete. It is required to help the athlete sustain the high level of the activity and to prevent muscle cramps and fatigue. (Consolazio, C. F, and H. L. Johnson. 1972). Carbohydrate in the body is s tored in the muscles and the liver as glycogen and these stores must be continuously replenished. (Burke, . L. M, et al. 1991) Research shows that a person can store enough glycogen in the body to help him/her sustain an exercise for a period between 90 minutes to 120 minutes but however taking a diet low in carbohydrates can reduce this time to less than 60 minutes.  (Chen, J . D. 1993)Recommended carbohydrate An athlete is supposed to consume a meal containing between 7-10g of carbohydrates per kilograms, body weight of the individual athletes per day (7-10g/kg/bwt/day) consequently he/she should consume a pre-exercise meal 1-4 hours prior to the event and the meal should contain 1-4g of carbohydrate per kilogram body weight, however if the exercise is prolonged, one has to consume a carbohydrate during the exercise and these should be 30-60 carbohydrate per hour.If the athlete is to participate in frequent activities he/she needs to consume in immediate post –exercise ca rbohydrate which is meant to aid in recovery in readiness for another performance (Bucci . L . 1995). He also says that this meal should contain 50-1000g of carbohydrate after every two hour until the normal meals resume. Signs of inadequate intake according to (Buxbaum, R, and L . J . M icheli) include: o Muscle heaviness o Lack of energy to train o Inability to concentrate for an extended period of time especially during an event o Poor recovery between training sessionsGenerally the carbohydrate requirement for an athlete will depend on the body weight, height, training, regime e. g. (Intensity and duration), Type of training and the gender of the athlete. Protein Requirements Protein is needed by an individual since it is involved in the building and repair of muscles and tissues the red blood cells, hair, finger nails, as well as synthesis of hormones. It is also required so as to reduce chances of development of iron deficiency anemia and improving the healing process incase o f an injury or disease. (American Dietetic Association and Canadian Dietetic Association, 1993).They further say that adolescent and adult athletes require 0. 6-0. 9g of proteins per kilogram per body weight per day (0. 6-0. 9g of protein/kg/bwt/day). During an intensive or enduring exercise energy production takes priority over tissue building however very little proteins is used as fuel when calorie supply is adequate in the body studies reveal that the best nutrients to provide fuel in athletic are carbohydrates and fats but they are inadequate or depleted gluconeogenesis takes place (process of converting non-carbohydrate sources such as Proteins to carbohydrates) to convert proteins in carbohydrates so as to provide energy.Proteins are the major sources of nitrogen in the body and nitrogen wastes produced after protein digestion require a lot of energy to eliminate which may otherwise be used during the event however nitrogen wastes are minimal when carbohydrates are adequate. Vitamins and Minerals. Fats are divided into two classes, first Fat soluble vitamins which include Vitamin A, D, E and K and second water soluble Vitamins which include Vitamin C and B complex vitamins.The body requires all these vitamins in amounts exceeding the recommended Dietary allowances especially in endurance exercises such as athletics but however care should be taken on fat soluble vitamins since if taken excess they may lead to toxicity which is detrimental to the health and eventually performance, but studies have shown that even if vitamins can be taken without conditions they do not contribute directly to the performance of an athlete, however, the reactions which the body uses to provide it with energy are controlled by chemicals which are mostly made up of vitamins and minerals that the body can only obtain from the diet.  (Allan ,J . G ,and K . A ,Overbaugh).Minerals on the other hand are very important in the health and performance of an athlete in that they act as catalysts and hence speeds the rate of reactions of energy provisions in the body. These minerals include calcium, magnesium, phosphorous, sulphur, potassium, sodium and chloride. It is therefore advisable that foods hat are high in vitamins and minerals especially fruits, green leafy vegetables, carrots as well as high biological valve proteins should be high in an athlete’s diet.Fats Fats are important sources of energy in the body. The body stores fat in the adipose tissue and under the skin it is the last to be used by the body incase of starvation or depletion of carbohydrates and fat stores in the body. However, in endurance sports especially athletics, excess body fat will often be detrimental to performance. This is because the increase in fat stores consequently raises the body weight and also the body uses a lot of energy to break down fats into fats acids so that it can be used.  (Chavez A, C et al, 1969)Excess fat in the body is not only caused by consumption of high fat diet but also by consuming large amounts of carbohydrates especially simple and sweet carbohydrates since they cause fat storage. Athletes are advised to consume high complex / high glycemic index carbohydrates since it releases energy slowly to the cells thus there is reduced fat storage. However athletes should eat smaller meals than non-sports people but in frequent intervals. Water Water is a non-calorific food because it does not give any calories to the body but it is extremely necessary.This is because the larger percentage about (60%) of the body is water and even small amounts of dehydration can have major effects on the performance of an individual. (Bobb, A, D . et al 1969) Water helps the body by protecting it against overheating (cools the body) and also as a means (blood) of transport for most substances in the body. Dehydration is very fatal in sports since it leads to reduced ability to exercise in the heat and also reduced mental skills such as concentr ation and decision making.Consumption of water is the key to optimal hydration but fluids such as diluted fluid juice or weak squash drinks after can help optimize hydration. While exercising athletes are often weighed before and after a session so that the fluid that has been lost can be replaced quickly. (Berning. J. R and S . N. Steen. 1991) Conclusion For excellence in exercise and sports, all body system must perform efficiently especially the muscles. This can only be enhanced through good nutritional practices. The body gets all the nutrients (carbohydrates, proteins, lipids/fats, vitamins and minerals) from the food on consumer or nutrient supplements.Athletes require higher amounts of carbohydrates than other nutrients since they are the major sources of energy: however, other nutrients can be converted to carbohydrate through the process of gluconeogenesis incase there is inadequate carbohydrates or there is depletion of carbohydrate in the liver and muscles where it is st ored in the form of glycogen. Water which is defined as a non calorific food is very important in an athlete since the highest percentage of the body is water and even small amounts of dehydration can have significant effects on the performance (both sporting and mental performance).Additionally high fluid levels in the body help to protect it against overheating and also provide the means (blood) of transport for most substances in the body. The body’s digestive system breaks down food into smaller components which are easily absorbed by the body cells and tissues and utilized during an exercise. Diet therefore plays a very important part in the health and performance (both physical and mental performance) of an individual and should be taken seriously.

Essay on Human Genetic Screening - 2461 Words

Human Genetic Screening Human genetic screening is a process that is very complex and very powerful. Genetic screening may detect some inherited traits that may later on cause a person to have a disease that may alter his/her life. Human life, as with any other organism, is b uilt with cells. A human cell consists of forty-six chromosomes, which are paired into twenty-three different pairs. Each one of these chromosomes carries thousands of genes. Each gene consists of information that codes for a particular trait. This information is determined by the DNA found in that gene. A gene for one trait may have various alleles that will make one person appear a little different than that of a person with a different allele. An example would†¦show more content†¦The third type is the chromosomal aberrations. This type is caused by abnormalities of chromosomal structure or numberÓ (Griffiths, p. 5-6). With the information that researchers have found studying the DNA patterns of those with certain diseases, they now may be able to determine if a person carries the trait that is found in common in these diseases by taking a sample of his/her DNA. Ã’Genetics tests include techniques to examine genes or markers near the genes. Direct testing for diseases such as cystic fibrosis and sickle cell anemia come from an analysis of an individualÕs specific genes. A technique called linkage analysis, or indirect testing, is used when the gene cannot be directly identified but can be located within a specific region of a chromosome. This testing requires additional DNA from an affected family member for comparison. Genetic testing results depend both o n reliable laboratory procedures and accurate interpretation of results. Tests also vary in sensitivity, that is their ability to detect mutations or to detect all patients who have or will get the disease. When interpreting the results o f any genetic t est, one must take into account the probability of false positive or false negative test results. Special training is required to be able to analyze and convey information about genetic testing to affected individuals and their familiesÓ (Web site: #). Genetic screeningShow MoreRelatedEssay on Human Genetic Screening and Discrimination in Gattaca1801 Words   |  8 PagesHuman Genetic Screening and Discrimination in Gattaca Works Cited Missing A few months ago I watched a movie called Gattaca, which dealt with the issue of genetic discrimination in the near future. In the movie, people were separated into two classes, those that were genetically screened and positively altered before birth and the class that was unaltered. The separate classes had stark divisions, from what jobs that you were able to apply for to where you could eat. Security was aimed at keepingRead MoreGenetic Engineering Of Food Products Essay1769 Words   |  8 PagesGenetic engineering of food produce is considered a miracle technology. Many speculate that this discovery has the possibility to end world hunger. By mass producing and marketing produce, the associated costs will decrease. With lower production costs for crops, healthy options will not only be more accessible, but more affordable for customers as well. Some even contend that the overall health of the general population will improve. How does this affect the healthcare industry? If we can geneticallyRead MoreNew Techniques of Genetic Engineering1187 Words   |  5 PagesNew techniques of genetic engineering have spawned a new understanding of medical procedures and have increased biotechnology products that help us answer questions and solve problems that just one generation couldn’t dream of doing. We have taken Caution at every step during the process of creating biotechnology and genetic engineering procedures they have a huge potential impact. But today we have to decide to which degree these procedures and products be regulated and who gets the power to doRead MoreNewborn Genetic Screening Essay787 Words   |  4 PagesThe purpose of newborn genetic screening is to screen newborns for potential health concerns. Newborn genetic screening started in 1965 with the testing of one disorder, phenylketonuria (WDHS). Since then, newborn genetic screening has evolved and over 4 million newborns are screened in the U.S. every year (CCHC Report). Currently, in the state of Wisconsin, there are 47 different disorders that are tested for (WDHS). The process of screening newborns is a relatively short procedure. Before aRead MoreThe Pros and Cons of Prenatal Screening Essay1197 Words   |  5 Pagesdeformities such as genetic mutation which causes mental retardation, abnormal body buildup and other conditions which bring a lot of troubles in the future to the child themselves and their parents. Modern technologies and innovations in the medical field had developed a method to detect the abnormality before delivery and prevent this future tragedy to happen. This method is known as prenatal screening. There are several advantages and disadvantages of prenatal screening. Prenatal screening is a testRead MoreGenetic Testing or Genetic Screening1514 Words   |  7 PagesGenetic testing, also known as screening, is a rapidly advancing new scientific field that can potentially revolutionize not only the world of medicine, but many aspects of our lives. Genetic screening is the sequencing of human DNA in order to discover genetic differences, anomalies, or mutations that may prove pathological. As genetic screening becomes more advanced and easily accessible, it presents society with difficult questions that must be asked about the boundaries of science and to whatRead MoreLifelong Health Benefits of Mandatory Genetic Screenings1497 Words   |  6 Pagesintroduction to the field of medicine more than a century ago, genetic screenings have become incorporated in many fields of healthcare, including reproductive health and cancer prevention. Genetic screening is a method of identifying genetic disorders through the study of an individual’s DNA. The y can be used to determine predisposition for various disorders such as Alzheimer’s, breast cancer, and sickle cell anemia. Genetic screenings inform individuals about their state of health and can help themRead MoreThe Dna Mystique Looks Into The Power Of The Gene918 Words   |  4 Pagesthrough genetic essentialism. According to Nelkin and Lindee genetic essentialism â€Å"reduces the self to a molecular entity, equating human beings, in all their social, historical, and moral complexity, with their genes† (p. 337). DNA is used as a way to define the individual’s true self and understand the evolution of a person’s identity. Nelkin and Lindee discuss the intersection of science and popular culture to shape the cultural meaning of the gene (p. 338). They lay out a timeline of genetic mappingRead MoreThe Benefits of Human Genetic Engineering Essay1654 Words   |  7 PagesPre-implantation genetic diagnosis is a revolutionary procedure that utilizes in v itro fertilization to implant a healthy egg cell into the mother’s uterus after it is screened for mutations or other abnormalities. That way, only healthy eggs can develop to term and become beautiful, bouncing boys or girls. Designer babies have a bright future in the face of science because they are genetically engineered to be: disease free; viable donors for a sibling or parent; and with optional eliminationRead MoreCase Analysis: Danville Airlines1259 Words   |  5 Pagesemerging field of genetic testing, Danville did not warn Reiger of the testing taking place, did not get his permission, and didnt even have a process in place for dealing with pilots, whom the traveling public relies on for safe transport, when they are tested positive for these types of diseases (Murry, Wimbush, Dalton, 2001). Clearly Reiger would win any lawsuit, the collateral damage to Danville being the lack of oversight and gross negligence in managing health screening. Analysis of Case