Cutaneous Leishmaniasis And Pathogenesis Biology Essay

Cutaneous Leishmaniasis And Pathogenesis Biology Essay Leishmaniasis is a tropical, protozoan disease caused exclusively by intracellular parasites belonging to the genus Leishmania. Leishmaniasis is a worldwide problem and due to the various species of Leishmania, can manifest in humans as 3 main clinical forms: Cutaneous Leishmaniasis, Mucocutaneous Leishmaniasis, or Visceral Leishmaniasis. Consequently, the severity of the infection and symptoms differ from self healing infections that produce significant scars to the fatal infections. Pathogenesis Leishmaniasis is transmitted by the bite of female insect vector sand flies of the species Phlebotomus in the Old World and Luzomyia in the New World (Figure 1). The life cycle for all Leishmania species is relatively simple and similar (Figure 2). When the sand fly takes a blood meal, it inoculates the source with the 2-3 mm long parasite. At this stage, the Leishmania parasite is known as a promastigote as it contains a singular flagellum. Promastigotes are injected into the host skin, after which they attach themselves to the hosts macrophages, and are induced by phagocytosis. These white blood cells are present at the inoculation site because of the hosts natural immune response to the sand fly bite. Once inside the macrophages, the promastigotes transform into their non-flagellate form, known as amastigotes. From here the amastigotes reproduce by binary fission and continue to proliferate within the white blood cells until the cell bursts. The parasites are then free to infect and invade other reticulo-endothelial cells, which share the same fate and are destroyed due to the reproduction of amastigotes within. The amastigotes and infected macrophages enter the blood circulation. The life cycle of Leishmania is continued when a female sand fly feeds on the infected hosts blood and the amastigotes are taken up by the sand flies. Amastigotes transform into promastigotes, which proliferate by binary fission in the midgut of the sand fly over a period of 4-25 days (WHO, 2010). Hereafter, the promastigotes migrate to the fly proboscis or mouthparts, where the parasite can infect a new host during feeding (Murray et al, 2009) and thus the Leishmania lifecycle is continued. Mammals are more often reservoirs for infection. As well as humans; dogs, rodents, wolves and foxes are examples of common reservoirs (Neuber, 2008) and thus, can suffer from leishmaniasis diseases too. Figure 2: The life cycle of Leishmania. Adapted from Chappuis et al (2007). Figure 1: A Sand fly vector of Leishmania parasites. Extracted from Neuber (2008). Epidemiology Leishmaniasis is endemic in 88 countries, 72 of which are developing countries. An estimated 12 million people are infected with leishmaniasis and 70,000 people die each year (Reithinger et al, 2007). There are currently about 350 million people worldwide that are at risk and threatened by leishmaniasis because they live within 40Â ° north and south of the equator (Jones et al., 2005; Neuber, 2008) and according to the World Health Organisation (2010), there are an estimated 1-2 million new cases each year. There are approximately 20 species of Leishmania which are pathogenic for humans (Chappuis et al., 2007). These species vary in their geographical location and have an effect on the leishmaniasis which manifests (Table 1). Cutaneous leishmaniasis is the most common form of leishmaniasis and is endemic in over 70 countries worldwide (Figure 3). It is found throughout Africa and the Middle East in Afghanistan, Algeria, Iran, Iraq, Kabul, Pakistan, Saudi Arabia, Syria; however, more particularly in South America, in Brazil and Peru (Reithinger et al, 2007; Murray et al, 2009). Over 90% mucocutaneous leishmaniasis often occurs in Bolivia, Brazil and Peru and the majority (over 90%) of visceral leishmaniasis cases, the most dangerous form, is localised to 6 countries; Bangladesh, Brazil, Ethiopia, India, Nepal and Sudan. There are an estimated 500,000 new cases of visceral leishmaniasis each year (WHO, 2010; Chappuis et al., 2007). Figure 3: Geographical distribution of Cutaneous Leishmaniasis. Extracted from Reithinger et al (2007). Main Clinical Presentation Leishmania Parasite Main Geographical Distribution Cutaneous Leishmaniasis L. tropica* Africa, Asia, Middle East, Mediterranean area Cutaneous Leishmaniasis L. major* Middle East, Africa Cutaneous Leishmaniasis L. aethiopia* Ethiopia, Kenya Cutaneous Leishmaniasis L. amazonesis ^ South America (Brazil, Venezuela) Cutaneous Leishmaniasis L .columbiensis ^ Northern South America (Columbia, Panama) Cutaneous Leishmaniasis L. garnhami ^ South America (Venezuela) Cutaneous Leishmaniasis L. peruviana ^ Peru, Panama, Costa Rica, Columbia Cutaneous Leishmaniasis L. venezuelensis ^ Northern South America (Venezuela) Mucocutaneous Leishmaniasis L. braziliensis ^ Central and South America Visceral Leishmaniasis L. donovani* Africa, Asia Visceral Leishmaniasis L. infantum (L. chagasi) Europe, north Africa, Central and South America, Mediterranean area Table 1: Overview of clinical presentation and geographical distribution of species of Leishmaniasis that cause human disease. L. = Leishmania. * Leishmania species of the Old World. ^ Leishmania species of the New world. Data adapted from Reithinger et al (2007), Neuber (2008) and Murray et al (2009). Clinical Presentation Cutaneous Leishmaniasis Cutaneous leishmaniasis is a localised reaction at the inoculation site, which tends to be uncovered areas such as the face, hands and lower legs. Between 2 weeks and 2 months after the sand flys bite, a red papule forms. The area begins to swell and become irritated and after 3-4 weeks, flat ulcers form which eventually harden and form crusted margins. The volcano-like lesions that form can heal without treatment; however, sufferers are commonly left with significant, disfiguring scars. Mucocutaneous Leishmaniasis Mucocutaneous leishmaniasis, also known as espundia, is most often caused by Leishmania viannia braziliensis and has a similar incubation time as cutaneous leishmaniasis. However, this form causes more devastating disfigurement to disease sufferers as the parasites metastasise towards to the mucosal membranes and destroy them and nearby unrelated tissue structures also (Murray et al, 2009). This form is more commonly seen after a primary infection of cutaneous leishmaniasis, where the lesions have eventually healed. Untreated lesions can transform into mucocutaneous forms and year later the oral and nasal mucosas become infected. Inflammation of the nose, mouth, oropharynx and trachea cause sever mutilation and facial disfigurement. Death can sometimes arise as mucosal lesions do not self-heal and prolonged infection compromises both immune and respiratory systems. Visceral Leishmaniasis Visceral leishmaniasis, also known as, kala-azar, dumdum fever or black fever, is the most severe form of leishmaniasis, and if left untreated, those infected will die. It is the most dangerous because parasites leave the skin and colonise the entire reticulo-endothelial system (Neuber, 2008) and spread to internal organs. Incubation period may be from several weeks to a year and can present as a rapidly fatal disease or as an asymptomatic, self-limiting infection (Murray et al, 2009). As the parasites proliferate and destroy the hosts cells, sufferers present with a marked enlargement of the liver, spleen lymph nodes as well as fatigue, weight loss, fever chills, severe anaemia and kidney damage. Death is caused by haemorrhage, complications relating to anaemia or a weakened immune system which cannot deal with bacterial co-infections (Chappuis et al, 2007). As is the case with all forms of leishmaniasis, the chances of the sufferer developing a secondary infection, such as a bacterial infection, are very high and doing so, can complicate the disease further and may lead to death. To add: one photo for each CL, ML and VL. Canine Leishmaniasis Leishmania infantum not only cause severe disease in humans, but in dogs also. Millions of dogs in Europe, Asia, North Africa, and South America are affected by the parasite. There are some clinical manifestations of the disease in dogs which re similar to that of humans including cutaneous alterations, enlargement of lymph nodes, liver and spleen, weight loss and glomerulopathy. As well as this, ocular lesions, epistaxis (nose bleeds), onycogryphosis (abnormal curving of claws) and lameness (disability in walking) are classic symptoms found in infected dogs (Maia and Campino, 2008). As with visceral leishmaniasis, canine leishmaniasis may also present as an asymptomatic infection, thus delaying necessary treatment. Diagnosis Due to the clinical presentations of the disease, a diagnosis can be made; however, for a definitive diagnosis the Leishmania parasite must be detected to confirm the diagnosis. Parasitological techniques are routinely used and involve demonstrating promastigotes in a direct examination of tissue aspirates, or detecting amastigotes in biopsy specimens, which are then, examined using a microscope. Serological techniques to diagnose leishmaniasis are based upon indirectly identifying specific host humoural and cell-mediated responses after inoculation of the parasite. Diagnostic methods include direct agglutination test (DAT), the immunofluorescence antibody test (IFAT), the enzyme-linked immunosorbent assay (ELISA), immunoblotting and antigen detection. Molecular techniques involve detecting leishmanial DNA or RNA have been beneficial in not only diagnosis, but species identification also. The molecular techniques include using various versions of polymerase chain reactions (PCR) to amplify species specific parasite sequences, DNA probes, monoclonal antibodies (MAbs) and isoenzyme electrophoresis. Treatment All forms of leishmaniasis should be treated due to their mortality and morbidity consequences. Drugs are available to treat the disease and choice for all forms is the pentavalent antimonial compound sodium stibogluconate (Pentostam). Cutaneous leishmaniasis is also treated with injections of other antimonial compounds, such as fluconazole and litefosine, directly into the infected lesions (* Figure). Miltefosine has also proven to be an effective treatment for visceral leishmaniasis (Murray et al, 2009). However, as with all drug treatments, the development of drug resistance is a huge issue and over use of this drug in previous years could lead to Leishmania species becoming resistant. As well as this, there are considerable side effects associated with most drugs (Neuber, 2008). A safe and effective vaccine against the various species is urgently required particularly in endemic areas; however, there is currently no vaccine available although work to develop one is still ongoing. (To add: * Figure of such treatment) Social and Economical Implications Leishmaniasis is found in developing countries or the poorer regions of a country and thus commonly affects the poorest of the poor. Having such a disease can cause many problems in the lives of those infected and their families as they become poorer due to the direct and high costs of diagnosis and treatment of the disease, and the indirect costs such as loss of income (Chappuis et al, 2007). Another impact of the disease is the social and psychological stigma associated with leishmaniasis, because of the disfigurement and significant scarring caused. Thus, even after the disease has been treated or self-healed, patients must deal with a constant reminder of what they had to endure. Cheap, rapid and accurate diagnostic methods are needed to allow all those infected, especially the poor, to get the medical attention they need, and to also allow treatment to start as soon as possible thus ensuring symptoms may not be as detrimental. Project Aims The aim of this project is to compare the different methods for diagnosis of leishmaniasis in humans and dogs. These methods will be critically analysed in order to test the following hypothesis: A Leishmania infection can be detected unequivocally. In doing so, the necessary requirements for a correct diagnosis for those who live in endemic areas and for those whom leishmaniasis is a threat, will also be discussed.

Healthy People Cannot Give Blood Essay -- Health

Everyone has seen the horror movie narrative time and time again. One person watches someone they love be put into a horrifying circumstance while being nothing but a helpless bystander, watching through a window or a television screen. Watching the bystander is almost as tragic as watching the victim, as the innate compulsion of a human to help others is relatable and recognizable to everyone. Unfortunately, there is a community in today’s world that is prevented from helping fellow humans in a simple act of charity some may take for granted: giving blood. Current United States policy bans homosexual men from being blood donors, regardless of testing and other standard procedures, such as testing blood for transmittable diseases and administering extensive questionnaires regarding risk factors of blood-borne illnesses (American Red Cross, 2012). This policy preventing men who have sex with other men (MSM) from donating blood should be modified, as advancements in technology h ave eliminated the high safety concern that once made the policy the best logical solution for safe blood transfusion (US Department of Health and Human Services, 2009). Policies restricting blood donors cover a wide range of potential issues with the blood supply. For the most part, these policies are very logical and give a greater piece of mind to those receiving blood; however, the policy regarding homosexual men is both outdated and illogical. As outlined on the United States Food and Drug Administration’s website (2009), no man who has had sex with another man since 1977, regardless of protective barriers or number of partners, may donate blood at any point after intercourse. Many people are unaware of this policy; it has not received attention in the... ...eller, A. J. (2010, December). No evidence of a significantly increased risk of transfusion-transmitted human immunodeficiency virus infection in Australia subsequent to implementing a 12-month deferral for men who have had sex with other men. Transfusion, 50(12), 2722-2730. doi:10.1111/j.1537-2995.2010.02793.x Thrasher, S. W. (2009). Blood, sex, and the FDA. Advocate, (1032), 50-53. The Constitution of the United States. Amendment 1. U.S. Department of Health & Human Services, (2009). Blood donations from men who have sex with other men questions and answers. Retrieved from U.S. Food and Drug Administration website: http://www.fda.gov/biologicsbloodvaccines/bloodbloodproducts/questionsaboutblood/ucm108186.htm Waters, A. (2011). FROM THE HEART. Nursing Standard, 25(29), 24-25. (2012). In American Red Cross. Retrieved March 29, 2012, from http://www.redcross.org/

Online Courses vs. Traditional Courses Essay -- Higher Education, Inter

Today, more and more colleges are offering courses to students that are entirely online. Students who are drawn to online courses include students working full-time jobs, students who would prefer a private study environment, or students who find that online courses are easier than traditional (campus-based) courses. Advertisements geared to encourage students to register for online classes have the tendency to portray them as being easier and requiring less work than its campus counterpart. For instance, some television advertisements show students wearing night clothes working in a relaxed environment within their home - free of the pressures caused by deadlines and testing. Despite the fact that online courses and traditional courses generally cover the same material on a given subject—the two are markedly different with regards to technical requirements, social interaction, testing, and practice. Possessing strong computer skills is one of the fundamental requirements for a student taking an online course. In contrast, traditional courses seldom require the use of computers; instead, online courses are conducted entirely on a computer via the internet. Students must know how to navigate the internet, use email to communicate and submit assignments, and use word processing and other programs required for the specific course. Students who are novice computer users will be at a great disadvantage and likely will not complete the course with a satisfactory grade. Students who possess these skills will be able to excel through online courses with greater ease, and more flexibility than courses taught on campus. Lack of social interaction is another factor that a student should consider when registering to take an online course. A... ...es, than courses taken on campus. Students absolutely must possess great self-discipline in order to successfully complete an online course. All things considered, besides a private study environment, the single most advantage of an online course over a traditional course is the flexibility they offer in scheduling, especially for students with fluctuating schedules. Nevertheless, despite advertisements, online courses require students to work as hard as courses taught on campus—if not harder. Students who lack computer skills, students who require strong social interaction, and students who are not strongly disciplined should take courses that are offered on campus. Students must carefully evaluate all of these points and any course literature available in order to select the type of course that best fits their learning style, as this has been most helpful for me.

Supernatural in Shakespeares Macbeth - The Naturally Supernatural :: GCSE Coursework Macbeth Essays

The Supernatural in Macbeth Writers often use supernatural to add suspense and interest to their work. The Witches and ghosts create a sense of horror as well as foreshadow what will happen next. Ghosts and apparitions really took over MacBeth’s emotions and fears. For example in the opening scene witches are used   to create an atmosphere of horror and suspense. Later in the scene   the ghost of Banquo appears at the dinner table and drives Macbeth mad. His wife try's to calm him but she can't and Macbeth has the people at the table getting awfully suspicious. Again we see it when Macbeth saw the dagger, he is seeing things due to guilt. The witches foresaw what happened through the play by telling Macbeth his future as well as Banquo. Ghosts made the audience feel scared the sky black and the wind misty. Witches in the play did prophecise to Macbeth that he would be king. Macbeth knowing this information became curious, knowing that Duncan was king he wondered how he would acheive the position. So he did indeed kill Duncan under the guidance of the three witches. The witches in this play in terms of ghosts are concerned,   we see they are not human or half ways normal when baquo quotes to Macbeth that are not human like as well as   irregular in some sort and very unattractive. This leaves a feeling of darkness for example the sky is black and the grass is gray instead of green the branches on the tress are short and rotting. The witches were Macbeth’s fortune tellers but they lead him a bad life In the end. Ghosts and apparitions not only drove Macbeth to his grave but also gave him up. When he kills Duncan there is a sense of real guilt. We see him going crazy   and feeling extreme guilt when immediately after he kills him he sais to his wife what a sorry sight and she tells him to stop worrying about Duncan and to get on with his life. She also tells him to stop being a coward, and that killing was the only option. In actuality it is not because a murder will never stay secret. Ghosts were a big factor in this play but guilt plays a part as well, a much bigger part. Guilt led to the witnessing   of ghosts. For example when Macbeth hosts   the dinner he witnesses baquo’s ghost this has an   affect of pity for Macbeth as far as the audience is concerned, Macbeth himself from guilt is going crazy.

Misrepresentation in Law

CHAPTER EIGHT MISREPRESENTATION A misrepresentation is an untrue statement, which induces the other party to enter into the contract. A misrepresentation may be fraudulent, negligent misstatement, or wholly innocent. The applicable remedy depends on the nature of the misrepresentation. In order for a representation to amount to an actionable misrepresentation it must be: a)false; b)one of fact as oppose to intention, opinion, or law; c)The statement must be addressed to the party who claims to have been misled; )it must be the chief reason which induced the other party to enter the contract. If the representation that is being challenged satisfies these four requirements, then it is an actionable representation. Statement of Fact or Opinion A statement which is made to the other party that is false and induces him to enter into the contract, this is an actionable misrepresentation. The false statement must be one of fact and not of law because no one can misrepresent the law since ev eryone is presumed to know the law.A statement of opinion is not actionable per se as a misrepresentation because it is not a statement of fact. In Bisset v. Wilkinson, the respondent purchased from the appellant, two plots of land in New Zealand for the purpose of sheep farming. During the negotiations, the appellant told the respondent that, if the place was worked properly, it would carry two thousand sheep. The respondent, it was admitted, bought the place believing that it would carry two thousand sheep.As both parties were aware, the appellant had not and, so far as appeared, no other person had at anytime carried on sheep farming on the land. In an action for rescission for misrepresentation, Sim J. said: In ordinary circumstances, any statement made by any owner who has been occupying his own farm, as to its carrying capacity would be regarded as a statement of fact†¦. This, however, is not such a case †¦ in these circumstances. The plaintiff were not justified in regarding anything said by the defendant as to the carrying capacity as being anything more than an expression of opinion on the subject.Their Lordships concurred in their view on the matter, and therefore held that the purchaser had no right to rescind the contract since an erroneous opinion stated by the party affirming the contract, though it has been relied upon and has induced the contract on the part of the party who seeks rescission, gives no title to relief unless fraud is established. The ratio decindendi of this decision is that the respondent had no previous or present knowledge of the capacity of the land, neither was he an expert in sheep farmingSo in the opinion of the Court the most he could have averred was a mere opinion. However, in certain circumstances, an opinion because it presupposes the possession of certain knowledge, may be an actionable misrepresentation. In Smith v Land and House Property Corporation, the vendor of an hotelier described it as let to a Mr. Frederick Fleck, a most desirable tenant. The tenant was in fact in arrears with his rent. It was held that the statement was not a mere expression of opinion because the vendor was impliedly stating that he has facts, which justifies his opinion.The court deemed the vendor to have knowledge of particular facts; therefore the ‘opinion’ was regarded as a misrepresentation of fact, which induced the other party to enter into the contract. The decision in Bisset’s case was followed in Esso Petroleum Co. Ltd. v. Mardon. Esso’s experienced representative told Mardon that Esso estimated the through-put of petrol on a certain site would reach 200,000 gallons in the third year of operation, and so persuaded Mardon to enter into a tenancy agreement in April 1963 for three years.Mardon did all that could be expected of him as tenant but the site was not good enough to achieve a through-put of more than 10,000 gallons. In July 1964 Mardon gave notice to quit, but Es so granted him a new tenancy at a reduced rent. Mardon continued to lose money and by August 1966 was unable to pay for petrol supplied. Esso claimed possession of the site and the money due. Mardon claimed damages in respect of the representation alleging that it amounted to 1) a warranty, 2) a negligent misrepresentation. On the matter Lord Denning M. R. said that Council for Esso retaliated by citing Bisset v. Wilkinson where the Privy Council said that a statement by a New Zealand farmer that an acre of land† would carry 2000 sheep was only an expression of opinion. He submitted that the forecast here of 200,000 gallons was an expression of opinion and not a statement of fact, and that it could not be interpreted as a warranty or promise. Lord Denning said that he would quite agree with Counsel for Esso that it was not a warranty – in this sense that it did not guarantee that the through-put would be 200,000 gallons.But one party, Esso, has special knowledge and ski ll. It was the yardstick by which they measure the worth of a filling station. They knew the facts. They knew the traffic in the town, they knew the through-put of comparable stations. They had much experience and expertise at their disposal. His Lordship went on to show that Esso was in a much better position than Mr. Mardon and their statement of opinion presupposes that they have knowledge to support the opinion. This is very different to the circumstances in Bisset v.Wilkinson where the land had never been used as a sheep farm and both parties were equally able to form an opinion as to its carrying capacity. The Court, therefore, found that Esso was liable for damages for breach of warranty. Fact and Intention Where a representation merely expresses the intention of one party, under normal circumstances the intention, if it is not fulfilled, is not an actionable representation. However, in some circumstances an expression of intention may be considered a statement of fact. In Ed gington v.Fitzmaurice, Bowen LJ said: â€Å"There must be a misstatement of an existing fact: but the state of a man’s mind is as much a fact as the state of his digestion. † The facts in that case are: The directors of a company invited a loan from the Public and stated that the money would be used to improve the company’s building and to extend the business. The real intention of the directors was to use the money to pay off the company’s existing debts. Their statement of intention was held to be a statement of fact. Can Silence Amount to Misrepresentation?Generally silence is not misrepresentation. Each man must protect his own interest and exercise reasonable caution when entering a contract: Caveat emptor. However, the court may consider certain kinds of silence as misrepresentation. In With v O’Flanagon the defendant wanted to sell his medical practice. The negotiations began January 1 at which time the practice was worth ? 2000. 00 per year . However, the defendant fell ill and by May 1 when the contract of sale was signed, the practice was virtually worthless.It was held that the defendant’s silence in the situation amounted to a misrepresentation. Opportunity to Verify Representation Where the representee is given the opportunity to verify the representation made to him, he may or may not make use of the opportunity. If he chooses to act on the statements made by the representor and the statements turn out to be false he can sue but if he chooses to verify and confirm a statement, which is in fact false, he cannot sue the representor. In Redgrave v. Herd, a man was induced to buy a solicitor’s practice by a misstatement of its value.He was given the opportunity to inspect the books, but he did not. If he had checked the books, he would have found that the practice was over-valued. However, the Court held that the non-use of this opportunity did not vitiate his claim. The Privy Council in Senanayake v. C henq followed this decision. However, when the representee carries out independent investigation to ascertain the accuracy of any statement made to him, though he did not find out the truth, he cannot claim to have been misled because then he would be relying on his own findings or that of his experts.In Atwood v. Small, a vendor offered to sell a mine and made exaggerated claims as to its capacity. The buyer appointed agents to investigate the mines. The agents reported wrongly that the claims were true. The contract of sale was then completed. It was held by the House of Lords that, the buyer’s subsequent action must fail because they have not relied on the vendor’s statement, but on their own independent investigations. Curtis v. Chemical Cleaners misrepresentation. Types of MisrepresentationFraudulent Misrepresentation. Fraud was defined by Lord Herschel in Derry v. Peek as meaning that the representation made is a false representation: 1) Knowingly or 2) Without b elief in its truth or 3) Recklessly, careless whether it is true or false. Fraud must be strictly proven and the burden of proof is high: It requires evidence of actual dishonesty. Negligent Misrepresentation/misstatement. Liability in damages for negligent misrepresentation was created by the decision in Hedley Byrne & Co Ltd. v.Heller & Partner, if there is a special relationship and that the defendant was a skilled professional person acting in the course of his business upon whose advice it is reasonable for the plaintiff to rely. Section 2(1) of the Misrepresentation Ac, 1967, codified this principle. The defendant can escape liability on the section if he can show that he had reasonable grounds for the belief and that he held those beliefs up to the time the contract was made that the facts represented were true. The burden of proof is on the representor.See the judgment of Lord Denning in Esso Petroleum v. Mardon. Seeing that the S. 2 (1) supersedes the Hedley Byrne’s case, it is doubtful whether this additional head of damages would add anything to the existing rights under S. (1). Where a representation becomes a term of the contract, the plaintiff will sue for breach of a contractual term or breach of warranty, not for misrepresentation. Innocent Misrepresentation. Whittington v. Seale-Hayne Types of Remedies An actionable misrepresentation attracts the remedies of rescission and damages.Rescission, providing that none of the bars to rescission are applicable, cancels the contract and restores the parties to the status quo ante. When rescission fails the innocent party will be awarded damages which is a monetary compensation that will put him in the position he would have been in but for the misrepresentation of the representor with whom the innocent party had contracted. Rescission or Cancellation. The right to rescind is the right of a party to have the contract set aside and to be restored to his former position. The contract remains valid unless and until rescinded.Third parties may acquire interest under the contract if the innocent party does not act with promptitude, providing that the innocent party is a bona fide(honest) purchaser for valuable consideration. In Car & Universal Finance v Caldwell, the defendant sold his car on January 12, 1960, to Norris who took it away leaving a deposit of ? 10 and a cheque for ? 965. The cheque was dishonoured when the defendant presented it the following day. He immediately informed the police and the Automobile Association of the fraudulent transaction.Norris subsequently sold the car to a third party who sold it to the plaintiff. The question the Court had to decide was whether the defendant’s conduct and representations on or about January 13 amounted to a rescission of the contract of sale. Lord Denning M. R. held that where a seller of goods had a right to avoid a contract for fraud, he sufficiently exercised his election if, on discovering the fraud, he immediate ly took all possible steps to regain the goods, even though he could not find the purchaser or communicate with him, and the contract was rescinded on January 13.If the innocent party delayed cancelling the contract, any third party who purchased the item bona fide would have acquired a good title to the property and the original owner had no claim to it. See the speech of Lord Wilberforce in Johnson v. Agnew. There are several bars to the right to rescind which may work against the innocent party to the contract. The bars are restitution impossible, third-party rights, affirmation, lapse of time. These are discussed in the paragraphs that follow. Restitution Impossible.When a party rescinds a contract, it must be possible for the Court to restore the two parties to the Status quo ante, to put the parties back in their original position before the contract was made. However, this limitation should not be strictly construed, and the mere fact that the subject matter of the contract m ay have deteriorated before the truth is discovered, is not sufficient to prevent restoration and so destroy the right to rescind a contract. * In Newbigging v. Adam, rescission was granted even though the partnership business was worse than â€Å"worthless†.The facts of that case were â€Å"The plaintiff entered into an agreement with the defendants by which he was admitted as a partner with a manufacturing business and provided ? 10,000 of new capital. He was induced to enter into the agreement by a material innocent misrepresentation as to the capacity of certain machinery. The business failed, and the plaintiff sued for rescission of the agreement for recovery of his capital, and for an indemnity against all claims which might be made against him by virtue of his being a partner.The Court unanimously agreed that he was entitled to the remedy for which he asked. Before the passing of the 1967 Misrepresentation Act, there was a further bar of rescission: if the misrepresen tation was innocent, there could be no rescission of a contract after it has been executed. * Seddon v North East Salt Co. Ltd. The extent of this rule was somewhat uncertain and it was the subject of much discussion, for in many cases the falsity of the misrepresentation cannot be discovered until the contract is executed. However, the Privy Council in Senanayake v. Cheng did not follow the decision. By S. (2), except in the case of fraud, of the 1967 Misrepresentation Act, the Court has a discretion to allow rescission and to award damages in lieu of rescission, and in this way could allow the contract to continue to subsists whether it was executed or not. The act has over rule Seddon’s case, Wilde v. Gibson. * Third-party Rights. As stated above a third party may acquire a good title if the owner of the property did not act speedily to rescind the contract, providing that the third-party has no knowledge of the origin of the property and could not reasonably be expected t o: Car & Universal Finance v.Caldwell. A similar decision was made in Lewis v. Averay: The plaintiff advertised his car for sale. A rogue, posing as the well-known television actor, Richard Greene, called on the plaintiff and offered to buy the car. The plaintiff accepted the order, and the rogue wrote out a cheque, signed it, â€Å"R. A. Greene’. The rogue wished to take away the car at once, but the plaintiff was not willing for him to have it until the cheque had been cleared. At the plaintiff’s request the rogue produced identification that he was R.A Greene in the form of a special pass of admission to Pinewood Studios, bearing the name R. A. Greene’ and an address, a photograph of the rogue, and an official stamp. The plaintiff was satisfied on seeing this pass and allowed the rogue to have the car. The cheque was worthless and the rogue sold the car to the defendant, a music student, who bought is in good faith. The Court of Appeal held the plaintiff int ended to contract with the person before him. The contract was merely voidable for fraud and the defendant, a third party, acquired a good title in the car against the plaintiff.Affirmation of the Contract. If after becoming aware of the misrepresentation the party affirms the contract either by express words or by taking any benefit under the contract, e. g. accepting dividends on shares, or failure to remove his name from the register of shareholders. In Long v. Lloyd the plaintiff was induced to purchase a lorry by the defendant’s representation that it was â€Å"in excellent condition†. On the first journey after the sale, the dynamo broke and the plaintiff noticed several other serious defects.The defendant was informed of these and offered to pay half the cost for the repairs. On the next long journey, the lorry broke down completely and the plaintiff realised that it was in a deplorable condition. He claimed to rescind the contract. The Court held that the secon d journey amounted to an affirmation and therefore the right to rescind was lost. Lapse of Time Under certain circumstances, lapse of time may be deemed to be affirmation, especially if the other party takes a considerably long time to rescind the agreement.However, normally, time does not beginning to run until the plaintiff becomes aware of the misrepresentation. In Leaf v. International Galleries, the plaintiff bought from the defendant a painting of Salisbury Cathedral which the defendant innocently represented to him at the time of the purchase to have been painted by Constable. Five years later, when he tried to sell it, he discovered that was not the case. He brought an action for the rescission of the sale. The Court of appeal held that it was too late to rescind the contract.Damages The remedy of damages, availability or otherwise depends on the nature of the misrepresentation committed fraudulent, innocent, or negligent. In Newbigging v. Adam damages were award for misrepr esentation. In Whittington v. Seale-Hayne, the Court granted the plaintiff an indemnity against some of the lost which he suffered due to innocent misrepresentation. In Hussey v. Eels damages was assessed for negligent misstatement as to the non- existence of subsidence on the property which was the subject of the contract. ——————————————- [ 1 ]. [1927] AC 177 [ 2 ]. ibid at 180 [ 3 ]. (1884) 28 Ch D 7 at 15 [ 4 ]. supra at 191 [ 5 ]. [1976] QB 801 [ 6 ]. supra at 191 [ 7 ]. ibid [ 8 ]. (1885) 2 Ch. D 459 [ 9 ]. [1936] Ch. 575, [1936] 1 All ER 727; Davies v. London and Provincial Marine Insurance Co (1878) 8 Ch. D 469, judgment of Fry J. at 475 [ 10 ]. (1881) 20 Ch. D [ 11 ]. [1965] 3 All ER 296 [ 12 ]. (1838) 6 C L & Fin 232 [ 13 ]. (1889) 14 App. Cas 337 [ 14 ]. [1964] AC 465, [1963] 2 All ER 575, See Mutual Life Citizens Assurance Co v.Evatt [1971] Ac 793, [1971] 1 All ER 156 [ 15 ]. [1976] QB 807, [1986] 2 All ER 8 [ 16 ]. Supra 218 [ 17 ]. [1965] 1 QB 525, [1964] 1 All ER 290 [ 18 ]. [1986] AC 367, [1979] 1 All ER 883 [ 19 ]. (1886) 34 Ch D 582 [ 20 ]. [1905] 1 Ch 326 [ 22 ]. Supra 197 [ 23 ]. (1848) 1 H L Cas 326 [ 24 ]. Supra 195 [ 25 ]. [1975] 1QB 198, [1971] 3 All ER 907 [ 26 ]. [1958] 2 All ER 402, [1958] 1 WLK 753 [ 27 ]. [1950] 2 KB 86, [1957] 1All ER 693 [ 28 ]. Supra 196 [ 29 ]. [1905] 82 CT 49

Extracurricular activity Essay

My starter course of exalted school was scary. Two rival middles schools climax together to make one freshman trend did non seem standardised the best idea, the classes were harder, and the stress levels were gameyer. In one-eighth grade I was so horny to be in high school, barely once I got there I could not wait for that grade to be over. Then I realized I unafraid-tempered had three to a greater extent farseeing school yrs ahead of me. come int get me wrong, I had potty of fun quantify freshman family. I met so many an(prenominal) invigorated in force(p) deal and made a lot of new friends. The majority of my friends then are still my friends at a time. besides I was pitch to set bring out up. I think every teen thinks identical this at one transmit or throughout every year of high school. Most teenagers are ready to move from home and start a new and more independent liveliness in college during most years of high school. I know that I suasion this way for quite sometime. I fantasy that life in college would be a million times more make uptful than life in high school. sophomore(prenominal) and junior year were also equivalent to freshman year. Friendships became stronger, classes were continuing to get more difficult, and even though I come to myself more in extracurricular activities, I was ready to get out of town and start college more than ever. I had picked out my dream school and already had so many plans for my freshman year of college. But instead of time speeding up standardized I wished it would, it felt like it was slowing down.Summer vent into elder year I began getting blase with the town and I felt like I was always saying there is nothing to do here. I prospect I needed more happen and was becoming tired of just going through the motions. Although I felt like that then, a few weeks into senior year my mindset had completely changed.Even though senior year has been the toughest year yet, my class ha s created a coating. There is so many things that define us as a class and set us unconnected from everyone else. From traditions started at footb every last(predicate) games, to the things that we do as a group, we pee-pee created our own culture and identity. I have realized that even though I have cherished the medieval three years to fly ball by, all I want is for this year to slow down.My friends and I have all created extremely close bonds and we have run low almost like a family. I feel like throughout the past three years I have taken a lot of things for apt(p) and have not really appreciated all the memories I have had that came from good experiences. I have learned not to take any special moments for grant because I could look back on these days and remember all of the good times and how much I enjoyed my senior year.At times I grief wanting to grow up so fast because I know now that these are some of the best times of my life and I wish I would have appreciated t hem before. Although I do regret that, Im grateful I get to spend this year with every single one of my enveloping(prenominal) friends. I still have a long time to make memories, but as the saying goes, time travel when youre having fun.

Company/ individual report on roles and responsibilities Essay

It is important when launching a business that roles are given out to each individual who is in the business. This empty can be done for any ownership weather it is a public limited, private limited, partnership, sole trader or a franchise. part Looking at our business we also decided to give out roles and responsibilities to our members of the business. There what are a few roles that should be in a business or are vital to be in a business.Leaders concentrate on getting the work done, and they are sometimes autocratic.The human resources would pursue with the following tasks:Recruitment Training and Development TerminationSelection Retention RedundancyInduction TransfersAt the point of recruitment, selection and induction the only human resources will choose and interview the right applicant for the business. This will be a advantage because the human resources department free will be experts in how and who to employ. They will then help the employee in the induction. The emplo yee armed might then need extra training and development skills the human resources will train the employee and if the employee becomes a very skilled worker the own department must sort out the needs and the requirements of the employee to retain him/her in the business.Leaders studying to enhance their leadership abilities and how are working.

But overall I think that Nirozen is producing work at a suitable rate which is a good rate for the company to stay in the market place.Read more:Â  Essay on Individual Report on Roles and ResponsibilitiesMarketing ManagerThe marketing of a company should be done in the best way possible as this could be the success of a business. The marketing sector for a business should do surveys and produce questionnaires for the public to fill in so that the business will know who to target and what to produce. Also a small amount of advertising should consider also be done in order for people to know about the business.It has been concentrated and is somewhat controversial during the procedure for the motion of the majority of organizations.Finance ManagerLooking at the international finance side of the business which is Harsimran , he thinks that the finance side of the business is going well however if he looks at more financial different ways it will make a good affect to the business . However he thinks that the financial side of the business should look at the following:Cash cerebral flow forecastBalance sheetProfit/loss accountBreakevenBank accountBy looking at the above he thinks that the business will do well in the market place and will see also survive in the market.Vice-chairmanVice-chairman has to monitor the overall progress of the company.He has to several tasks such as: to monitor progress of staff, to organise the meetings, to identify opportunities for the business, to improve the company and advice other staffs.Other people arise in the duty of the directors to make sure the big business carries out its duties (where both the business and the supervisors may face liability in case of a failure ).

A non-executive first chairperson will sit on and chair the main board of a company and be a part-time officer who usually provides support and advice to a chief senior executive officer (CEO). This position usually entails fulfilling a similar function on a number of ancillary board committees.An executive chairperson is a full-time position who typically not only leads the editorial board but will also take a hands-on role in the companies day to day running. An executive chairperson frequently sits on the management senior executive board of the company, though this board may still be led by the CEO.There are particular responsibilities determined by the tutor.g. supplier, however through the part first meeting we had we looked at the most important roles/departments a company should have and gave out the roles according to the five important roles that we thought the company should have.Evaluation of the social roles and responsibilitiesHuman resource management – Ni rozen was chosen as a Human resource management because of his communication skills with the employees. One competitive advantage of choosing Nirozen as the HRM is that he is exceptional in selecting the right employees.Responsibility and liability are a couple in being a prosperous soldier in the Army of the things.

He can, for example, be more cautious when looking at the CVs.Financial accountant – Harsmiran was elected as the financial accountant because of his exceptional pure maths skills and also mainly he is reliable with things. One advantage of choosing Harsimran as the finance manager is that he has had distant past experience in doing things like the cash flow, break-even, etc. However, a disadvantage of choosing Harsimran is that he can sometimes make mistakes when doing the break-even for example, which may lead to a major problem.Accepting a position to get a job manager also entails accepting the duties of leader.Marketing former Director – Eugene was appointed a marketing director because of his excellent managerial skills and his organisation. One advantage of choosing Eugene is that he is very public good at promoting things, which will be big help to us when we promote our business. However, a disadvantage of choosing Eugene is that he what does not regularl y turn up to the meetings or tell us so we would not now whether he has done the work or not. Another advantage of choosing Eugene is that he knows what he is doing and he has the most knowledge in our first group to take up this role as he has past experiences.Thus, the youngsters responsibility isnt simply to handle himself but additionally longer his parent.

He can also attend meetings if the chairman is unable to attend. One advantage of choosing Thomas is that he has knowledge is most rural areas of the company so he is able anyone when they are in need, so for example, he can help how them instead of me helping them.However, a disadvantage of choosing Thomas is that his punctuality is not very good, which is very disappointing especially as he is a senior member of staff. Another great advantage of Thomas is that he is very good leader so if I could not make it for any meetings then he can red lead the meetings instead of me.Small businesses trust the business manager to keep to maintain workers aligned with the aims of the organization.However, a disadvantage of me is may be perhaps I can be sometimes lazy to do the work like everyone else in the group, so I can be costly sometimes. Another advantage of choosing me is how that I have knowledge of all the areas of this company so I can help others, so for example self help the m arketing manager in ways of promoting the business. Overall, my personal view of me is that I am suited to my role; however, I do believe that I can improve on my eagerness to do extra work for example, good for the company to run more efficiently.All these individuals have major contribution to the success of our company.Management is a discipline, and engaged in business.

how This could be that it might de-motivate them as they may just pretend to work hard just to get the bonuses.* Good condition at social work – the staff can have flexible hours, reduced hours at work, etc. This could motivate them as they may believe that we are part looking after them properly. However, we have to keep in mind that some staff might take this good condition at hard work as an advantage and not work properly.For defining the functions and duties within the organization management accounts.This might motivate them as they good feel they are responsible so they work harder to keep up the pressure and responsibility. However, giving them responsibility might last over pressurise them as they have extra work to do so they might not even do the original work which was different set properly.* Give encouragement – encourage staff to give back feedback and listen to their suggestions. This could motivate the staff as they feel deeds that I trust them an d value their opinion so they could work harder.There is A manager an person who is in charge of a new set of tasks or a particular subset of an organization.

He has to change his own views to get a group decision. Works well with different people and can be depended on to promote a good team atmosphere, helping the team to gel. high Pulls people and tasks together. A tolerant individual.Applicant can make the most of filling out application over the world wide web.Enables â€Å"difficult† team-members to contribute positively.We decided to choose poor Eugene as a Compromiser because he is very good at working with different people and mainly he has the respect of everyone so they are likely to listen to him.Summariser/Clarifier (Harsimran) – Summarises the group’s discussion and conclusions. Clarifies group objectives and elaborates on the ideas of others.Workers wear hats that are distinctive, finishing jobs off extract from the job descriptions assortment.

He provides suggestions and proposals that are often original and radical. He is more concerned with the big clear picture than with details. May get bored after the initial impetus wears off.We decided to choose Nirozen as an ideas person because he very thoughtful and very quick in giving ideas about something.Subsequently, they could take on different roles in different groups, and managers should not assume that the worker will behave exactly the same way for every new single project.Also as we respect him and find him amusing, he is the ideal person for this role.Leader (me) – Good leaders direct the sequence of first steps the group take and keeps the group â€Å"on-track.† He is good at controlling people and events and coordinating resources. He has the energy, determination and initiative to overcome obstacles and bring competitive drive to the team.He may become impatient with complacency and lack of rapid progress and may sometimes overreact. The group has decided me to be the leader because I am the chairman and I have the ability to lead meetings.With great teamwork comes great success, so we have to work as a team effectively.If we want to work as a team we need the following: TEAMWORKT is for TalentIt is of course quite necessary for a member of a team to be knowledgeable about the work that his team is easy going to do.