Duphalac

Allen Dale Everett, M.D.

• Director of the Pediatric Proteome Center
• Professor of Pediatrics

https://www.hopkinsmedicine.org/profiles/results/directory/profile/0018975/allen-everett

Lord Denning drew a distinction between claims relating to economic loss (that is symptoms wisdom teeth generic duphalac 100ml overnight delivery, in this case medications known to cause weight gain discount duphalac 100ml free shipping, the loss of profits claim) medicine over the counter duphalac 100 ml generic, where he said that such loss had to be in the contemplation of the parties at the time the contract was made medicine 0552 buy cheap duphalac online, and those relating to physical loss symptoms 0f pneumonia buy discount duphalac 100 ml on-line, holding that symptoms 0f ovarian cancer purchase 100ml duphalac with mastercard, in the latter case, the test of remoteness is similar to that in tort, that is, it has to be a foreseeable consequence of the breach, though it may be more severe in extent than was foreseeable. They then went on to adapt the tort rule relating to extent of damage, and said that, providing the type of damage was within the contemplation of the parties, it is immaterial that the damage is more serious in extent than was contemplated. Thus, since it was within the contemplation of the parties that the pigs would suffer some illness, it was immaterial that the illness took the form of a rare virus which killed the pigs: the defendants were still liable for the loss of the pigs. However, the loss of sales and profit could not be said to have been within the contemplation of the parties at the time the contract was made and, therefore, these losses were too remote. However, since only illness was foreseeable, it was not in the contemplation of the parties that the pigs would die, resulting in loss of sales and profit and therefore that damage was too remote. The court was 332 Chapter 16: Remedies for Breach of Contract unanimous in their condemnation of the idea that the test for remoteness of damage should differ according to the cause of action pursued by the plaintiff. Note: that the test of remoteness in cases where negligence is alleged is foreseeability of the loss. In South Australia Asset Management v York Montague (1996), financiers advanced money against the security of property which had been negligently valued. The lenders argued that the valuers should be liable for all the losses which they had incurred because, had they known the true value of the property against the security of which they were lending, they would not have lent at all. Held by the House of Lords: the valuers were liable only for the foreseeable loss caused by their negligence. A claim for loss of exceptionally good profits will not be allowed unless the plaintiffs made known, expressly or impliedly, that exceptional profits were at risk unless the contract were carried out in accordance with its terms. In Victoria Laundry v Newman Industries (1949), P agreed to buy a boiler from D for the purpose of expanding their existing cleaning and dying business. However, the boiler was damaged while it was being dismantled by third parties on behalf of D. P claimed damages as follows: fi16 per week loss of profit in respect of the large number of extra customers that could have been taken on; fi262 per week which they could have made by virtue of an extremely lucrative dyeing contract which they had with the Ministry of Defence. Held: since D knew that P wanted the boiler for immediate use, they were liable for the ordinary profits which P had lost by reason of the delay in delivery. An illustration of loss not being in the contemplation of the parties is provided by Pilkington v Wood (1953), P bought a house in Hampshire for fi6,000. His solicitor negligently failed to notice that the title to the house was defective. Almost two years later, P went to work in Lancashire and wished to sell the Hampshire house in order to buy one in Lancashire. A purchaser for the Hampshire house was found (at fi7,500, to include certain additional land since acquired by the plaintiff) but when P was unable to make a good title, the purchaser was not willing to pay the price. P claimed as damages: (a) the difference between the market value of the house at the time it was purchased and the actual value with its defective title; (b) expenses resulting from having to travel to Lancashire and to live in a hotel and phone his wife nightly, because of his inability to sell the Hampshire house; and 333 Law for Non-Law Students (c) the interest on the bank overdraft which he had taken in order to buy the Hampshire house. The others were too remote as not being within the contemplation of the parties at the time the contract was made. There is a parallel duty in the law of tort and, therefore, tort cases would seem to have equal applicability to contract. In Brace v Colder (1895), an employee of a partnership was dismissed when the partnership was dissolved and reconstituted. He was offered employment by the new partnership, to begin when his employment with the old one came to an end. He refused the new employment and sued for breach of contract (he had not been given the appropriate notice of termination). In Luker v Chapman (1970), the plaintiff lost his right leg below the knee in a traffic accident caused by the negligence of the defendant. It was held that he had a duty to mitigate his loss by accepting the clerical job. Thus, damages for loss of earnings would be based on the difference between his earnings as a telephone engineer and what he could have earned in the clerical job during the period of teacher training. A difficult point arises in the case where the defendant is guilty of an anticipatory breach of contract (that is, he wrongfully repudiates the contract before the time appointed for performance). By a three to two majority, the House held that there is no duty to mitigate in such circumstances, because the duty to mitigate arises only where a contract is brought to an end by the breach. Since this meant that the contract was still in existence, the plaintiffs owed no duty to mitigate their loss (for full facts of this case, see Chapter 15, p 318). Despite the repudiation, the shipowners kept the ship fully crewed and ready to sail until the end of the charter period. It was held that the shipowners had no legitimate interest in doing this and should have mitigated their loss. They were therefore entitled only to damages rather than the hire charge for the ship. For example, a builder may agree with his customer that he shall pay damages of fi100 per day for every day that the building he is constructing remains uncompleted after the date set for completion. The law may categorise the promised damages as liquidated damages or as a penalty. Liquidated damages Providing that the stated sum is a genuine attempt to pre-estimate the loss that the innocent party will suffer, the court will give effect to it. It is then immaterial whether the actual damage suffered is more or less than the amount provided for in the contract: the innocent party must accept the amount which the contract gives. In Cellulose Acetate Silk Co v Widnes Foundry (1933), the defendants entered into a contract to erect a plant for the plaintiff by a certain date. They also agreed to pay fi20 per week damages for every week that they took beyond the stipulated date. Since the penalty is intended to ensure performance, equity has ruled that the innocent party is sufficiently compensated by being given the actual amount of his loss. Where, however, the stipulated penalty is insufficient to compensate the claimant, he has a choice: 335 Law for Non-Law Students (a) he may sue on the penalty clause, in which case he cannot recover more than the stipulated sum; or (b) he may sue for breach of contract and recover damages in full. It is sometimes difficult to determine whether a sum payable under a contract is liquidated damages or a penalty. Guidelines have been developed by the courts to assist in distinguishing between the two. The court must decide whether the stipulated sum is a genuine pre-estimate of the probable loss (in which case it is liquidated damages) or not (in which case it is a penalty); (b) the sum will be a penalty if it is extravagant and greater than the greatest possible loss which could follow from the breach; (c) if the obligation of the promisor under the contract is to pay a sum of money by a certain date, and it is agreed that if he fails to do so he shall pay a larger sum, the larger sum will be a penalty. In Betts v Burch (1859), a contract for the sale of the stock-in-trade and furnishings of a pub provided that, in the case of default in performing the contract, either party would pay the other fi50. It was held that this was a penalty, since if the buyer defaulted even to the extent of failing to pay fi1, he would have to pay fi50; and (d) subject to the preceding rules, if there is only one event upon which a sum is payable, it is liquidated damages. Interest on the late payment of commercial debts the late payment of commercial debts is said to cost small firms millions of pounds in interest payments because they have to borrow money to fill a gap in their cash resources caused by the money which is owed to them. Some companies have attempted to rectify the situation by imposing in their conditions of sale a condition that interest should be paid on debts which are not settled within the given credit period (usually 28/30 days). However, if the customer ignores this and simply pays the net amount of the invoice, few creditors will take any further action, particularly where the creditor is a small company dealing with a larger one. In the first place, it is hardly worth the time pursuing the customer for a relatively small amount of interest (it is the cumulative effect spread over a period of time and a number of debtors which is at the root of the problem). Secondly, there is the possibility that customer relations will not survive such conduct and that the customer will be lost. Thus, unless the default of the customer amounts to a worthwhile amount in interest, the matter is rarely pursued. In particular, there are complex provisions which allow the parties to displace the Act and to make their own contractual agreement on interest. There are also provisions which give a wide discretion to the courts in implementing the right to interest. Despite these significant shortcomings, it may be that, although the Act in itself will have little effect, it will act as a signal to late payers that the government intends to alleviate the problem and that this may only be the first step. The Act may be taken as a signal that if the problem persists, the government may take stronger measures: perhaps making late payment subject to intervention by the Office of Fair Trading, perhaps even making it a criminal offence, and perhaps controlling at the outset the terms of contracts by which large companies insist upon extended credit from smaller ones. Late Payment of Commercial Debts (Interest) Act 1998 Section 1 provides that it is an implied term in a contract to which this Act applies that any qualifying debt created by the contract carries simple interest. The Act applies to contracts for the supply of goods and services, apart from excepted contracts. Excepted contracts are consumer credit contracts, certain contracts such as mortgages intended to operate by way of security, and any contract designated by the Secretary of State as excepted. This provision may cause a difficulty, since in Stevenson v Rogers, for the purpose of s 14 of the Sale of Goods Act, it was held that any sale in the course of a business was sufficient to bring the sale within the scope of s 14. However, in Davies v Sumner it was held that for the purpose of the Trade Descriptions Act 1968, the sale needed to be integral to the purpose of the business. It is suggested that it would be unrealistic to apply the Davies v Sumner test in such a situation and that any sale by the business should qualify. Thus, for example, Lisa enters into a contract with Mandy for the supply of a new computer. However, if despite lack of advance payment, Mandy supplies the computer, the relevant day will be the day of the supply and interest will begin to accrue from the following day; (c) if the contract is one of hire, the last day of the hire period; or (d) if none of the above applies, it will be the last day of the period of 30 days beginning with either (i) the day on which the obligation of the supplier was performed, or (ii) the day on which the purchaser has notice of the amount of the debt. The Act allows the parties to contract out of it but subject only to strict safeguards. Section 8 provides that any contract terms which exclude the right to statutory interest are void unless the contract contains a substantial remedy for late payment. Section 5 gives the court a wide discretion to disallow a claim, reduce the scope of a claim or to reduce the rate of interest. It allows the court to remit the statutory interest, either in whole or in part, where by reason of any conduct of the supplier the interests of justice require it. However, Geri is arguing that previous goods supplied by Victoria, for which Geri has paid in full, have proved faulty. Geri is therefore claiming a set-off against the latest bill and has paid only part of it. The court may take into account the reason why the bill was not paid and, even if it finds 338 Chapter 16: Remedies for Breach of Contract that Geri was wrong to have withheld payment, the fact that she had an arguable case may mean that the court will exercise its discretion and may remit the interest, in whole or in part, or may reduce the rate of interest for the whole or part of the period in question. The rate of interest prescribed by regulations made under the Act is 8% over the prevailing Bank of England base rate. At the moment, the Act is not fully in force and only small businesses may take advantage of its provisions. Thus, the only circumstances in which the performance of a contract was ordered at common law was if the contract required the payment of a sum of money. However, in certain cases, equity was prepared to order the defendant to perform what he had agreed to perform. Damages is not regarded as an adequate remedy in three circumstances: (a) where the contract is for the sale of, or disposition of, an interest in real property (for example, land, houses, etc); (b) where the contract is for commercially unique goods; Section 52 of the Sale of Goods Act allows the court to make a decree of specific performance in a contract to sell specific or ascertained goods. As a general rule, the court will regard damages as an adequate remedy if the plaintiff is able to purchase substitute goods. In Cohen v Roche (1927), a set of eight Hepplewhite chairs were regarded as ordinary articles of commerce and no order for specific performance was made. B did not agree that he had repudiated the contract and obtained an injunction to prevent the machine being sold to Canada, pending the hearing of his action for specific performance of the contract. Where an alternative supplier of the goods is not available, specific performance may be granted. The plaintiff denied breach and, because the goods were not specific or ascertained and, therefore, a decree of specific performance would not be granted, the plaintiff sought an injunction to restrain the defendant from breaching the contract.

In his approach medications causing dry mouth purchase duphalac without a prescription, Barth advocates a radical separation between God-talk and existentialist language about the world symptoms vaginitis generic 100ml duphalac visa. For Barth medicine pill identification buy generic duphalac pills, this implies an ontology of Man (eine Ontologie des Menschen) but never any form of cosmology (keine Ontologie des 124 Himmels und der Erde) medicine 48 12 order 100ml duphalac overnight delivery. According to Barth medicine 832 buy 100 ml duphalac otc, the scientific understanding of the world is no more than an attempt to describe the regularities of our experiences by means of laws medicine reminder app buy duphalac visa, but this does not mean that all events have become completely explainable. When someone acknowledges the virgin birth as a miracle, this does not mean that the event is disclosed as a revelation of God. By these real, absolute miracles the existential situation of Man is highlighted in a 128 special way. Barth characterised human existence by anxiety (Angst) and distress (Not) and in this situation Man is completely alienated from God. Only by his mercy, human 129 existence will be able to overcome situations of anxiety, fear and alienation. However, the creation is not something the historian as a scientist would have access to , as it is only visible through the 134 eyes of faith. However, this does not mean that the creation is a timeless or unhistorical 135 reality. This same kind of terminology is used by Barth when he deals with the miracle of the resurrection. For Bultmann history (Historie) refers to the study of what happened factually which can be established by critical historical methods. How can it be, Bultmann asks, that certain acts of God really did happen without being accessible to scientific inquiryfi Does this not imply accepting the same sacrificium intellectus which Barth holds against traditional theologyfi It is at this point that Bultmann accuses Barth of traditionalism by returning to a medieval Scholastic point of view. Barth blames Bultmann for not paying enough attention to this first stage of the hermeneutical process, understanding the Word of God itself. In his answer to Bultmann, he separates the content of the message (die Sache), what the original writers meant, from what the texts mean now in their translation. Therefore, miracles as true acts of God cannot be subject to any scientific verification or function as evidence to make faith plausible. Swinburne is a British philosopher of religion and a member of the Orthodox Church. He is regarded as one of the leading Christian apologists, arguing that Christian faith is rational and coherent in a thorough philosophical sense. In Western theology, this type of approach is quite different from the argumentations that we have seen so far. Firstly, Swinburne argues that Christian belief in miracles is based on a theistic theory which has similarities with scientific theories. Secondly, he formulates his argument from within the Anglo-Saxon analytic philosophical tradition, aiming at an inductive argument, supported by means of Bayesian probability theory. Thirdly, Swinburne is a Christian from the Eastern Orthodox tradition, but his argument in favour of miracles differs from what I have called the classical argument of the Roman Catholic Church. Therefore, his argument is, in its form and content, an interesting, original but also well argued contribution to the debate on miracles. First of all, it conflicts with liberal theology by arguing that it is quite probable that violations of natural laws such as the biblical miracles have actually occurred. His argument is also different from the arguments offered by the dialectical theologians Bultmann and Barth. For them, miracles are only visible with the eyes of faith and cannot refer to observable facts which function in theories. This argument has been supplemented with an a posteriori argument which allows scientific investigation in cases of reports of miracles in order to determine the exclusion of natural causes. Swinburne also holds to a rational form of theology, but tries to justify the possibility of miracle claims albeit ongoing scientific discoveries. According to him, there are empirical arguments which, taken together, point to a high degree of probability that God exists, and that he works miracles. In order to understand his position, I will first offer an explanation for this kind of revival in natural 140 theology during the twentieth and in the twenty-first century. This argument had an enormous influence on the downfall of natural theology in the nineteenth century, and on the subsequent birth of liberal theology. Immanuel Kant also declared the impossibility of natural theology, but from a different philosophical point of view. This means that, as human beings, we are structurally equipped to perceive the world an sich (the world as it is in-itself) only according to what our epistemic structures allow us to perceive. In the Anglo-Saxon world, natural theology also came under attack by the schools of logical positivism and the later Wittgenstein. From a picture theory of language, logical positivists such as Rudolf Carnap and A. On the basis of the later works of Wittgenstein, some philosophers, for example D. If in fact the frontiers of knowledge are being pushed further and further back (and that is bound to be the case), then God is being pushed back with them, and is therefore continually in retreat. According to this approach, the suggestion of natural theology that the logical grammar of these utterances is similar was rejected because it assumes that God is an actor in reality, which was judged as a confusion of 141 language games. However, during the 1960s and 1970s, a number of Christian philosophers in the Anglo-Saxon analytic tradition, such as Alvin Plantinga, Nicholas Wolterstorff and also Richard Swinburne, sought to formulate clear and precise arguments to revive the position of natural theology. Against the background of developments in the philosophy of science, one can speak of a resurrection of natural theology which had, and still has, an important voice in the debate on miracles. Developments in the twentieth and the twenty-first century show that the earlier negative verdict on natural theology was premature. Kant assumed that they were synthetic a priori truths, but this view needed correction as a result of 143 findings in quantum mechanics and on the basis of the theory of general relativity. Logical positivism has also been abandoned, and with it, its harsh verdict on natural theology. Philips, who argue that natural theology is impossible because it is based on a confusion of different language games, has also received ample criticism. It seems a convenient solution to separate religious language from scientific language as two different games of language, but there are many theologians who disagree fundamentally with this approach, as it implies that faith would be independent of reason and empirical data. They maintain that it can be argued that empirical evidence substantiates the claim that God can be regarded as the cause of miracles. However, developments in science from around 1825 showed that these Euclidean axioms applied only in the special case of zero curvature. The Mathematics of Harmony: From Euclid to Contemporary Mathematics and Computer Science.

In the first place medicine cards generic 100ml duphalac, there are many contracts in which a stronger party dictates to the weaker party the terms on which the dominant party is willing to contract treatment atrial fibrillation purchase duphalac pills in toronto. Once the weaker party has entered into the contract treatment 3rd stage breast cancer cheap duphalac 100ml online, he or she is regarded as having agreed to its terms treatment yeast infection male discount duphalac on line. For example symptoms ketoacidosis cheap 100ml duphalac with mastercard, if the parties to a sale of goods contract agree to exclude from the contract the implied term that the goods shall be of satisfactory quality medicine man movie order duphalac american express, and if the sale is a consumer sale, the agreement to exclude the term will be void under s 6 of the Unfair Contract Terms Act 1977. In early law, these prescribed rules applied only if there was no agreement to the contrary. In modern law, some of the prescribed rules will apply even if there is an agreement between the parties and will operate to override that agreement if it conflicts with the legal rule. Scope of the law of contract the law of contract is concerned with the enforcement of promises. Although in the minds of most lay-persons, a contract is a formal document full of legal verbiage, formality is needed for very few types of contract. When you order a cup of coffee in a cafe, you are making a contract with the cafe, and although the transaction is straightforward, the cafe is impliedly promising you: (i) that the coffee complies with the description applied to it; (ii) that it is of satisfactory quality; (iii) that it is fit for its purpose; and (iv) that the cafe has the right to sell you the coffee. The cafe may, further, make express promises to you, such as, that the coffee contains cream and sugar. All these promises, both express and implied, are contractual, and if they are broken, for example, if the coffee turns out to be tea or if it is adulterated with poison, the cafe will be liable to you for breach of contract. The remedies that are available to the injured party are: (1) Damages this is a money payment which aims at putting the innocent party in the position he would have been in if the contract had been carried out. B is entitled to his fi10,000 back and A is entitled to have the painting returned to him. Note that it is awarded in only three circumstances: (i) where the subject matter of the contract is land; (ii) where the subject matter of the contract is commercially unique goods; or (iii) where the remedy of damages would not properly compensate the claimant. A decree of specific performance will never be awarded in the case of a contract of employment. It is often used in conjunction with an injunction, that is, both remedies are sought together. While it is true that in certain types of contract, for instance consumer credit contracts, there is a relatively high incidence of court action, actions for breach of contract in cases involving two commercial parties are a relative rarity. It is more normal for disputes to be settled by agreement or, where one of the parties proves intransigent, for the matter to 56 Chapter 2: Contracts and What They Are Used For be left unsettled. In the latter case, there is often a consequent termination of the commercial relationship between the two. Even where actions are brought, businesses tend to prefer to use private arbitration rather than the ordinary court system. This may either be provided for in the contract itself, or agreed by the parties as a means of resolving the dispute after the dispute arises. The main aim of commercial parties in making a contract is to lay down, with as much clarity as possible, what each party is expected to do under the contract. Where a contract is of high value, or is intended to last for some length of time, it is particularly important that some thought is given to planning the contract. Chris has two claims here, though both may be consolidated in the same legal action. The second is an action for damages for breach of contract, the amount of damages being the difference between the fi5,000 which Chris had agreed to pay Carpets Ltd and the amount that Chris will have to pay a different contractor in order to get the job done. Thus, if Chris has to pay Flooring Ltd fi6,000 to do the job, Chris will be entitled to fi1,000 damages for breach of contract. In such a case, Anne and Chris will claim from the liquidators of Builders Ltd and Carpets Ltd. Such a claim will, at best, yield only a proportion of what Anne and Chris have actually lost, and in many cases, because of prior claims to the assets of the insolvent companies, Anne and Chris will receive nothing. In practice, by far the greater part of breach-of-contract actions are concerned with defective performance rather than non-performance. A standardform contract is a contract where some, if not all, of the terms are determined in advance by one party or the other and are printed in a standard form. In some cases, where members of one trade association regularly contract with members of another, model terms are negotiated between the two. In drafting standard-form contracts, it is important to be aware of the Unfair Contract Terms Act 1977. This does not, as its title would imply, control all unfair contract terms, but only unfair terms which aim at excluding or limiting the liability of one party for breaches of contract, negligence, or breach of statutory duty. As a general rule, its effect is that any term which aims at excluding or limiting liability in the event of a breach of contract must, in a standard form contract made between commercial enterprises, satisfy the test of reasonableness; the exclusion of terms implied into contracts for the sale, supply, hire or hire-purchase of goods is void if the sale is a consumer sale; terms which attempt to exclude liability for death or personal injury are void. Formal and informal contracts No written formality is needed for most types of contract. Nevertheless, it is customary for important commercial contracts to be made in writing. It is also convenient as a source of reference, since the rights and obligations of business contracts are often extensive and much too detailed to commit to memory; a building contract, for example, will usually need detailed plans and will contain exact specifications as to the materials which are to be used. The most important of these are: (a) a contract for the sale of land (or other disposition of land or any interest in land, for example, a lease): s 2 of the Law of Property (Miscellaneous Provisions) Act 1989. If it is not properly executed, it is enforceable only on order of the court: s 65 of the Consumer Credit Act. This means that there is a body of general principles of contract which apply to the contract, irrespective of what type of contract it is. However, there are limits to which you can treat dissimilar types of contract in the same way and still produce satisfactory outcomes in practice. Because of this, it is necessary to augment (or sometimes replace) the general rules of the law of contract with specially created rules for particular types of contract. Therefore, each of the above types of agreement also has its own special set of rules. Most of the general principles are to be found in case law, while most of the special rules are statutory. Example of how the general rules and specific rules operate Ben, a computer dealer, alleges that Alice has contracted to buy a computer from him but is now refusing to take delivery. The rules governing this matter are the general rules relating to the formation of a contract, to be found in case law. If, on the other hand, Alice took delivery of the computer and is now alleging that the computer is defective, s 14 of the Sale of Goods Act 1979, will apply. This enactment applies, as one might deduce from its name, only to contracts for the sale of goods. Section 14 requires that the computer shall be of satisfactory quality and fit for its purpose. The other party then accepts the offer and there comes into being a binding contract. For example, an offer may be made by one party sending a quotation to the other and the acceptance made by the other party writing back to accept it. The first thing to consider in deciding whether there is an agreement is whether an offer has been made. Whether an offer has been made depends upon whether the person making the offer had a definite intention to make an offer. The question of whether a party has an intention to make an offer is objective rather than subjective. An invitation to treat cannot be accepted and, therefore, it cannot be turned into a contract. A binding contract comes into existence at this stage and if either party attempts to withdraw from it, the other will have an action for breach of contract. This is, of course, a greatly simplified version of what happens in relation to a major commercial contract. Negotiations may take place over many months before all the terms of the contract are finally agreed by the parties and a contract is formed. The courts have developed certain guidelines to determine whether there was an intention to make an offer or not. The interesting thing about this area of the law is that many of the cases involve not, as one would expect, a person attempting to enforce a contract which the other party denied existed, but the issue of whether an offer for sale has been made for the purposes of a prosecution being made under the criminal law. Examples of invitations to treat the following have been held to be invitations to treat: (a) A display of goods on the shelves of a self-service store. The customer makes an offer to buy when he or she presents the goods to the cashier at the check-out. As a result, it became necessary to determine at what stage a contract comes into existence in a self-service transaction in a shop. The reason is that s 18(1) of the Pharmacy and Poisons Act 1933 required that a registered pharmacist must be present when poisons listed in Part 1 of the Poisons List were sold. A registered pharmacist, who was empowered to prevent, if he thought fit, the customer purchasing any restricted drug, was stationed at the check-out. Thus, if the display of goods on the supermarket shelf was an offer which was accepted when the customer took the goods from the shelf and placed them in his basket, then Boots were committing a criminal offence by not having a pharmacist present when the goods were sold. If, however, either the customer placing the goods in his basket was an offer, or the customer presenting the goods at the check-out was an offer, then in either case the 62 Chapter 3: Have We Got a Contractfi It was held that the offer was made when the customer presented the goods to the cashier at the check-out and the contract came into being when the cashier duly accepted the offer (presumably by ringing up the price of the goods on the till). Her claim failed since there was no contract in existence at the time the bottle exploded. However, a significant difference between the analysis in this case and that in the Boots case is that in Lasky, the display of goods on the shelves was an offer which was accepted when the customer reached the check-out. Note: nowadays, if such circumstances arose in a case governed by English law, a person in the plaintiffs position might still have difficulty in gaining compensation for her injuries. A breach of contract action is the most attractive, since the plaintiff would simply have to show that the defective goods caused her injuries. In an action based on breach of contract, the store would be strictly liable (that is, the injured party would not have to prove that the store was in any way blameworthy) under s 14 of the Sale of Goods Act (see Chapter 18). However, as we have seen, it is unlikely that a court would hold that a contract had come into existence. The other is an action for the tort of negligence against anyone whose negligence might have caused the explosion.

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Does your opinion change if you find someone attractive treatment integrity cheap duphalac online mastercard, but your friends do not agreefi If your friends vociferously agree symptoms in dogs cheap duphalac 100ml mastercard, might you then find this person even more attractivefi Social Facilitation Not all intergroup interactions lead to the negative outcomes we have described medications over the counter generic 100ml duphalac amex. Social facilitation occurs when an individual performs better when an audience is watching than when the individual performs the behavior alone treatment abbreviation buy duphalac 100 ml visa. This typically occurs when people are performing a task for which they are skilled conventional medicine discount 100 ml duphalac fast delivery. Can you think of an example in which having an audience could improve performancefi Skilled basketball players will be more likely to make a free throw basket when surrounded by a cheering audience than when playing alone in the gym (Figure 12 symptoms of anemia purchase 100 ml duphalac otc. However, there are instances when even skilled athletes can have difficulty under pressure. For example, if an athlete is less skilled or nervous about making a free throw, having an audience may actually hinder rather than help. In sum, social facilitation is likely to occur for easy tasks, or tasks at which we are skilled, but worse performance may occur when performing in front of others, depending on the task. Social loafing is the exertion of less effort by a person working together with a group. Social loafing occurs when our individual performance cannot be evaluated separately from the group. Essentially individual group members loaf and let other group members pick up the slack. For example, consider a group of people cooperating to clean litter from the roadside. Some people will exert a great amount of effort, while others will exert little effort. As a college student you may have experienced social loafing while working on a group project. This may happen when a professor assigns a group grade instead of individual grades. The chance of social loafing in student work groups increases as the size of the group increases (Shepperd & Taylor, 1999). Interestingly, the opposite of social loafing occurs when the task is complex and difficult (Bond & Titus, 1983; Geen, 1989). This happens when you perform a difficult task and your individual performance can be evaluated. In a group setting, such as the student work group, if your individual performance cannot be evaluated, there is less pressure for you to do well, and thus less anxiety or physiological arousal (Latane, Williams, & Harkens, 1979). This puts you in a relaxed state in which you can perform your best, if you choose (Zajonc, 1965). If the task is a difficult one, many people feel motivated and believe that their group needs their input to do well on a challenging project (Jackson & Williams, 1985). Given what you learned about social loafing, what advice would you give a new professor about how to design group projectsfi Prejudice and discrimination often are root causes of human conflict, which explains how strangers come to hate one another to the extreme of causing others harm. In this section we will examine the definitions of prejudice and discrimination, examples of these concepts, and causes of these biases. These differences may be difficult for some people to reconcile, which may lead to prejudice toward people who are different. Prejudice is common against people who are members of an unfamiliar cultural group. Thus, certain types of education, contact, interactions, and building relationships with members of different cultural groups can reduce the tendency toward prejudice. In fact, simply imagining interacting with members of different cultural groups might affect prejudice. Indeed, when experimental participants were asked to imagine themselves positively interacting with someone from a different group, this led to an increased positive attitude toward the other group and an increase in positive traits associated with the other group. Furthermore, imagined social interaction can reduce anxiety associated with inter-group interactions (Crisp & Turner, 2009). What are some examples of social groups that you belong to that contribute to your identityfi Social groups can include gender, race, ethnicity, nationality, social class, religion, sexual orientation, profession, and many more. And, as is true for social roles, you can simultaneously be a member of more than one social group. An example of prejudice is having a negative attitude toward people who are not born in the United States. Although people holding this prejudiced attitude do not know all people who were not born in the United States, they dislike them due to their status as foreigners. For example, someone holding prejudiced attitudes toward older adults, may believe that older adults are slow and incompetent (Cuddy, Norton, & Fiske, 2005; Nelson, 2004). We cannot possibly know each individual person of advanced age to know that all older adults are slow and incompetent. Therefore, this negative belief is overgeneralized to all members of the group, even though many of the individual group members may in fact be spry and intelligent. Another example of a well-known stereotype involves beliefs about racial differences among athletes. As Hodge, Burden, Robinson, and Bennett (2008) point out, Black male athletes are often believed to be more athletic, yet less intelligent, than their White male counterparts. Sadly, such beliefs often influence how these athletes are treated by others and how they view themselves and their own capabilities. Whether or not you agree with a stereotype, stereotypes are generally well-known within in a given culture (Devine, 1989). Sometimes people will act on their prejudiced attitudes toward a group of people, and this behavior is known as discrimination. As a result of holding negative beliefs (stereotypes) and negative attitudes (prejudice) about a particular group, people often treat the target of prejudice poorly, such as excluding older adults from their circle of friends. In the video, a social experiment is conducted in a park where three people try to steal a bike out in the open. The race and gender of the thief is varied: a White male teenager, a Black male teenager, and a White female. Although these secondary characteristics are important in forming a first impression of a stranger, the social categories of race, gender, and age provide a wealth of information about an individual. We may have different expectations of strangers depending on their race, gender, and age. What stereotypes and prejudices do you hold about people who are from a race, gender, and age group different from your ownfi Research suggests cultural stereotypes for Asian Americans include cold, sly, and intelligent; for Latinos, cold and unintelligent; for European Americans, cold and intelligent; and for African Americans, aggressive, athletic, and more likely to be law breakers (Devine & Elliot, 1995; Fiske, Cuddy, Glick, & Xu, 2002; Sommers & Ellsworth, 2000; Dixon & Linz, 2000). For example, when purchasing items with a personal check, Latino shoppers are more likely than White shoppers to be asked to show formal identification (Dovidio et al. In one case of alleged harassment by the police, several East Haven, Connecticut, police officers were arrested on federal charges due to reportedly continued harassment and brutalization of Latinos. Racism is prevalent toward many other groups in the United States including Native Americans, Arab Americans, Jewish Americans, and Asian Americans. One reason modern forms of racism, and prejudice in general, are hard to detect is related to the dual attitudes model (Wilson, Lindsey, & Schooler, 2000). Humans have two forms of attitudes: explicit 432 Chapter 12 | Social Psychology attitudes, which are conscious and controllable, and implicit attitudes, which are unconscious and uncontrollable (Devine, 1989; Olson & Fazio, 2003). Because holding egalitarian views is socially desirable (Plant & Devine, 1998), most people do not show extreme racial bias or other prejudices on measures of their explicit attitudes. However, measures of implicit attitudes often show evidence of mild to strong racial bias or other prejudices (Greenwald, McGee, & Schwartz, 1998; Olson & Fazio, 2003). Sexism Sexism is prejudice and discrimination toward individuals based on their sex. Typically, sexism takes the form of men holding biases against women, but either sex can show sexism toward their own or their opposite sex. Common forms of sexism in modern society include gender role expectations, such as expecting women to be the caretakers of the household. For example, women are expected to be friendly, passive, and nurturing, and when women behave in an unfriendly, assertive, or neglectful manner they often are disliked for violating their gender role (Rudman, 1998). Research by Laurie Rudman (1998) finds that when female job applicants selfpromote, they are likely to be viewed as competent, but they may be disliked and are less likely to be hired because they violated gender expectations for modesty. Sexism can exist on a societal level such as in hiring, employment opportunities, and education. Women are less likely to be hired or promoted in male-dominated professions such as engineering, aviation, and construction (Figure 12. Why do you think there are differences in the jobs women and men have, such as more women nurses but more male surgeons (Betz, 2008)fi These judgments and expectations can lead to ageism, or prejudice and discrimination toward individuals based solely on their age. Typically, ageism occurs against older adults, but ageism also can occur toward younger adults. Some cultures, however, including some Asian, Latino, and African American cultures, both outside and within the United States afford older adults respect and honor. How might these two forms of ageism affect a younger and older adult who are applying for a sales clerk positionfi In some cases, people have been tortured and/or murdered simply because they were not heterosexual. This passionate response has led some researchers to question what motives might exist for homophobic people. Adams, Wright, & Lohr (1996) conducted a study investigating this issue and their results were quite an eye-opener. In this experiment, male college students were given a scale that assessed how homophobic they were; those with extreme scores were recruited to participate in the experiment. In the end, 64 men agreed to participate and were split into 2 groups: homophobic men and nonhomophobic men. Both groups of men were fitted with a penile plethysmograph, an instrument that measures changes in blood flow to the penis and serves as an objective measurement of sexual arousal. One of these videos involved a sexual interaction between a man and a woman (heterosexual clip). One video displayed two females engaged in a sexual interaction (homosexual female clip), and the final video displayed two men engaged in a sexual interaction (homosexual male clip). Changes in penile tumescence were recorded during all three clips, and a subjective measurement of sexual arousal was also obtained. While both groups of men became sexually aroused to the heterosexual and female homosexual video clips, only those men who were identified as homophobic showed sexual arousal to the homosexual male video clip. While all men reported that their erections indicated arousal for the heterosexual and female homosexual clips, the homophobic men indicated that they were not sexually aroused (despite their erections) to the male homosexual clips. Prejudice and discrimination persist in society due to social learning and conformity to social norms.

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