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U2 – DBR Essay

Responses to Other Students: Make a separate Response to at least 2 of your fellow classmates reply about their Primary Task Response regarding items you found to be compelling and enlightening. Each response should have at least a 250-word. To help you with your discussion, please consider the following questions:

What did you learn from your classmate’s posting and thank them for a well written post?

___________________________________________________________________________________________________

Janice Arevalo’s Post

Reply

UNIT 2 – DISCUSSION BOARD

The U.S. Department of Health and Human Services (HHS) Healthy People 2030 goal from the Office of Disease Prevention and Health Promotion (ODPHP) include increasing the number of adults who have controlled blood pressure (BP) (ODPHP, n.d.-a). Decreasing or controlling BP can prevent stroke, heart attacks, heart failure, and chronic kidney disease (CKD). Current baseline data from ODPHP (n.d.-b) show 47.8% of adults ≥ 18 years of age have controlled BP and their target goal is for 60.8% to have controlled BP. Hypertension parameters include a systolic BP ≥ 140 or a diastolic BP greater ≥ 90.

When patients seek health care in outpatient and inpatient settings, nurses and providers review medications that patients report they are currently taking. Most patients with hypertension take medications from a variety of drug classes such as diuretics, calcium channel blockers, beta blockers, and ACE inhibitors. There are also patients who don’t take medications and state they prefer to reduce their blood pressure through diet, exercise, or supplements. Then there are patients who state they don’t take medications due to side effects they have experienced. Patients may have uncontrolled BP because they feel there are no other options aside from medication. But other options such as lifestyle changes and complementary alternative medicine allows a patient to choose their intervention, and therefore may be more compliant. With the modeling and role modeling theory; developed by Helen Erickson, Evelyn Tomlin, and Mary Ann Swain; patients can take control of their health (“Modeling and role modeling,” 2020).

I chose this theory because it allows the patient to be the expert in their own care. The theory allows the nurse to provide patient care while respecting the patient’s individuality through clinical practice and focusing on patient needs. Modeling acknowledges that each patient has a distinctive perception of their world in which the nurse should seek to know, understand, and appreciate its value and significance. In role modeling, the patient is the expert in their health care in which the nurse provides unconditional acceptance. The nurse should allow the planning of unique interventions and assist and foster the patient in accomplishing, maintaining, and advancing their health.

One way to address the Healthy People 2030 goal of increasing the number of adults with controlled BP is by conducting research, since some patients prefer alternatives to medication. This can be accomplished by obtaining the best and most relevant evidence from existing literature through step one of evidence-based practice (EBP) (Melnyk

Slide 2 Chopin’s adopts different mechanisms in her narratives, with free indirect

Slide 2

Chopin’s adopts different mechanisms in her narratives, with free indirect narrative being her common narrative style (Klein, 2004). The main reason for adopting this narrative style was because she wanted to depict spiritual, emotional, and artistic awakening (Almén, 2003). Her narratives were characterized by a lot of content that was used for female artistic awakening because she always fought against a number of issues that affected the world including the common norms of wifehood, motherhood, romance, women education, and female writing conventions (Sullivan, & Smith, 1973).

Slide 3

Some of the important features of Chopin’s Piano included being clear and accurate, being structurally pure, and high creativity levels (Klein, 2004). The other common features of her piano included having the right support and extent from a pedal and being rhythmically elastic towards (Sullivan, & Smith, 1973). She also had high levels of creativity that made individuals to admire her performances. The creativity was perfectly blended to attract the attention of all those who went for her performances (Almén, 2003).

Slide 4

The Etudo op. 10/12 and the Etudo op. 10/3 are the two main tempo markings that she made. In her Etudo op. 10/12, she tried her best to change from preso con fuoco to allegro con fuoco while in Etudo op. 10/3, she changed the markings from vivace ma non troppo to lento ma non troppo (Klein, 2004). It is however important to understand that arriving at the tempo markings were highly difficult and required her to sacrifice a lot of time as she strived towards meeting the required marking (Mou, 2011). All these markings were meant to improve her contributions into the music industry.

Slide 5

The polonaises (MM80-MM96) and the nocturines (MM40-MM132) are also some of the best markings that are commonly known (Mou, 2011). It is also very important to note that her original tempo markings were found in approximately 111/121 of all her compositions, thus making her one of the best artists who understood how to best include markings in her composition to add flavor into everything that she was involved in producing (Almén, 2003).

Slide 6

The two common pieces of spectrum from Chopin’s narrative are the vocal serenades and dance music (Sullivan, & Smith,1973). In the dance music spectrum, Chopin focused her attention on non-salon krakowiak and nationalistic elements while she focused on the classic instrumental chamber work like a small scale symphony in her vocal serenades (Mou, 2011). It was however important to understand that these two spectrums were performed in different ways and at different times, with the vocal serenades spectrum being performed for purposes of entertaining the cupper class citizens in most of her performances (Klein, 2004).

Slide 7

Tempo rubato was used in different occasions including in opera performances and at the conservatory and in helping her polish all her interpretations (Klein, 2004). It is evident that Chopin used her tempo and rubato for purposes of developing the effect of some specific freedom, rhythmic, and folk rendition disturbances that worked perfectly towards improving her specific performances (Almén, 2003).

Slide 8

Additionally, it was used as a sign of Soi , a way of manifesting her individual characteristics and a social practice. She also applied it in the Italian music and the Mazovian region (Mou, 2011). It is also important to understand that Chopin applied the tempo rubato as part of her social practice and as a manifestation for her personal characteristics because she expressed her feelings through the tempo burato (Klein, 2004). Applying the tempo burato was the most effective way of expressing her prowess in her applications.

Slide 9

Largo is a G minor that is characterized by some tonal ambiguity as a result of the tonic triad absence. It starts with an arpeggiated Neapolitan 6th chord (C – E flat – A flat), with both hands in unison at the octave. Lower neighbor note inclusion, B-flat, develops a motif that will be transposed and heard in the second theme (B flat – C – A flat).

Slide 10

Some of the unique characteristics that made Chopin’s tempo rubato unique included applying them in an inspiring manner for purposes of making the other generations to imitate her teachings, presenting it in a genius way, and being original in whatever she was doing (Klein, 2004). This made it difficult to ignore her performances because everything she did was original and a part of her creativity (Almén, 2003).

Slide 11

Her performance and mine are slightly different and I will enhance some of her elements when playing my tempo rubato (Mou, 2011). Some of the elements that I will enhance in my tempo burato include learning to follow everything I start strictly to keep my audience focused, following her experience to learn a thing or two and trying to be as unique as possible in my applications (Klein, 2004).

Slide 12

I would generally adopt Chopin’s Tempo Rubato due to her uniqueness when playing it. Her tempo rubato was unique because she was always strict in following time, she perfected the art of applying it over time and still went on to improve everything she did towards perfection (Almén, 2003).

Slide 13

Some of the two pianists who played the Chopin Ballade Op.23 No.1 were Janusz Olejniczak and Krystian Zimerman. Despite the two playing the Chopin Ballade Op.23 No.1 effectively, their mode of play was highly improved compared to what Chopin was doing. They had mastered the art of playing it better through their experiences. While Janusz Olejniczak played the Chopin Ballade Op.23 No.1 as a movie track, Krystian Zimerman played it in different performances just like Chopin.

Slide 14

To conclude, Chopin is considered one of the greatest pianists and composers of her time. Her mastery in how she played the piano made her to be considered amongst the leading musicians whose works have been emulated by different musicians after her period. Based on how she performed her piano and any other instrument, I would definitely not follow her style, but will change to my style to perfectly suit the needs of my customers.

Implied Terms and Exclusion Clauses 4 Implied Terms and Exclusion Clauses Introduction

U2 – DBR Essay Religion and Theology Assignment Help Implied Terms and Exclusion Clauses 4

Implied Terms and Exclusion Clauses

Introduction

This scenario has several legal issues that will be addressed. This paper seeks to determine the nature and extent of Fabien’s liability. The legal rules applicable will be analyzed.

Rule

The provisions for the implied term as to quality or fitness for purpose is found in the SGA 1979 section 14 (1).Under section 14 (2) is an implied term that in every sale of goods contract the goods supplied by the seller are of satisfactory quality.

A term providing that the goods shall be fit for purpose shall be implied where the seller, directly or by implication, was aware of the purpose for which the goods were being supplied. This means that if the seller is aware of the purpose of buying the goods, legal liability exists as a result. He or she is under legal obligation to ensure that they are fit for that purpose. This is in accordance with section 14 (3) and Griffiths v Peter Conway [1939]. Liability will not be incurred if the loss suffered is too remote.

Application

Fabien’s website is designed to appeal to business customers who are running their own restaurants. Being his target market, it can be implied that he knew the recipes were to be used in restaurants. The recipe was not fit for purpose purposes for which such recipe are supplied thereby being in breach of s 14 (2). The loss suffered is not too remote.

Conclusion

Fabien breached implied term as to quality and fitness for purpose.

Rule

Section 55 of the SGA 1979 permits parties to limit liability arising under a sale of goods contract. This includes liability which is implied under SGA 1979.However, this is subject to the Unfair Contract Terms Act 1977 (UCTA 1977) and Consumer Rights Act 2015 (CRA 2015). The limitation is applicable to both warranties and conditions. This was held in Air Transworld v Bombardier [2012]. The limitation or exclusion clauses are always strictly construed against the person relying on them.

Application

The limitation clause is clear and limits the Fabien’s liability to the contract price. It can be construed to limit the implied term provided under section 14 of the Act. Such similar application can be seen in Air Transworld v Bombardier. The contract being between parties from different countries the Unfair Contract Terms Act 1977 is not applicable.

Conclusion

The limitation of liability clause is capable of limiting Fabien’s liability.

Rule

Section 14 of the SGA 1979 provides for circumstances under which a term relating to quality or fitness for purposes can be implied into a contract. Goods have been defined in section 61 of SGA 1979. In St Albans City and District Council v International Computers [1996] it was held that software not supplied in a tangible disc cannot be said to be a good.

Application

The contract was for the sale of the recipe. There is no contract relating to the supply of software. This limits the application of the SGA 1979, CRA 2015 and the UCTA 1977.The possibility of downloading virus from the website is too remote. It cannot therefore be associated with the use of the good. Section 14 of the SGA 1979 does not apply.

Conclusion

Fabien is not liable for the loss caused by the virus.

Final Conclusion

Fabien supplying defective recipe was in breach of implied term relating to quality and fitness for purpose. Fabien, by implication, was aware of the purposes for which the goods were supplied. The supplied recipe caused stomach pains to Sian’s customers making it defective.

Fabien’s liability however, is limited by the clause in the contract. The clause limits this to the extent of the contract price. In getting legal redress, Sian can only sue Fabien for the contract price. He cannot obtain damages beyond the contract price. He cannot therefore obtain compensation for the loss suffered from the bad recipe.

International Sales 2. Introduction to International Sales continued and Introduction to the

International Sales

2. Introduction to International Sales continued and Introduction to the Sale of Goods Act (Part 1)

In this session we will look at some of the basic elements of the law of marine insurance and consider their application in a sale of goods context. We will also begin to consider some of the basic ideas and classifications used in the Sale of Goods Act and in general contract law which provide foundation elements to the English law of international sales. This will continue also into the next seminar.

Questions for discussion:

1. Jack made a contract of marine insurance with the Legal & Particular Insurance Company covering goods for a journey from Cardiff to Paris on Institute Cargo Clauses ‘B’ terms. He did not tell the insurance company that he had previously had several claims for loss of his goods rejected by another insurer. Jack then sold the goods ex ship to Jill. On arrival at Jill’s premises she discovered that the goods had been damaged during the process of loading the goods on to the road vehicle at the French port. Jack assigned the policy to Jill but a claim by her against Legal & Particular Insurance, has been rejected by them.

Advise Jill.

How would your answer differ, if at all, if Jack had made a CIF contract with Jill?

2. What distinguishes a sale of goods contract in English law from other similar forms of contract and what are the consequences of making the distinction? Is a supply of computer software a sale of goods?

3. Examine the classification made by the Sale of Goods Act as to the different types of term in a sale of goods and the consequences which follow from the classification. Explain what other ways of classifying terms can be made and the consequences that can follow from the classification.

4. Jack had 500 tonnes of wheat stored at Jill’s premises. He agreed to sell all of the wheat to Henry who was to take delivery and make payment two weeks later. When Henry came to take delivery of the wheat he found that there were only 250 tonnes of wheat in the warehouse since 250 tonnes had been stolen without Jack’s knowledge before he made the contract with Henry. The market price of the goods has risen considerably since the making of the contract. Henry wishes to take the remaining wheat at the contract rate and to sue Jack for the short delivery. Jack claims that the contract is void.

Advise Henry.

How would your answer differ, if at all, if the theft of the wheat had occurred after the making of the contract of sale?

5. Examine the issues which are determined by whether or not property has passed in a contract for the sale of goods.

Minimum reading:

For q.1 read Carr, International Trade Law 6th ed ch.14. If this is not available to you read at least the relevant chapter in one the other introductory texts indicated in References List 1E but note that these are not likely to deal with the recent changes to insurance contract law made by the Insurance Act 2015 although apart from Carr the second edition of Baskind has some material on it as does the latest edition of Clarke & Hooley. You should anyhow look up this Act to ensure that you completely understand the changes made especially in respect of the duty of fair presentation and in respect of warranties. You don’t need to deal with third party rights against insurers.

For q.s 2-4 read Atiyah chs. 1,2 (pp.8-36, make sure that you are aware of the Supply of Goods and Services Act 1982 and the Consumer Rights Act 2015), 3, 4 (in considering the effect of classification of obligations make sure you are aware of s.15A and s.30(2A) of the Sale of Goods Act), 5, 6,7,14. If Atiyah is unavailable use Benjamin as an alternative: chs 1, 6, 8 (paras 8-001- 8-00-17 and 8-025-8-030), 10 or search the other references referred to in References List 1, 2A)-C).

Suggested further reading:

Clarke & Hooley chs 8 & 9 (parts 4 & 5); the following materials referred to in References List 1, 2A)-C):- Davenport, Treitel (article and book references), Green & Saidov article.

In respect of q. 5 the importance of and basic rules for passing of property will be explained. If you have time try to read pp. 241-246 of ch.13 of Atiyah.

International Sales 2. Introduction to International Sales continued and Introduction to the

International Sales

2. Introduction to International Sales continued and Introduction to the Sale of Goods Act (Part 1)

In this session we will look at some of the basic elements of the law of marine insurance and consider their application in a sale of goods context. We will also begin to consider some of the basic ideas and classifications used in the Sale of Goods Act and in general contract law which provide foundation elements to the English law of international sales. This will continue also into the next seminar.

Questions for discussion:

1. Jack made a contract of marine insurance with the Legal & Particular Insurance Company covering goods for a journey from Cardiff to Paris on Institute Cargo Clauses ‘B’ terms. He did not tell the insurance company that he had previously had several claims for loss of his goods rejected by another insurer. Jack then sold the goods ex ship to Jill. On arrival at Jill’s premises she discovered that the goods had been damaged during the process of loading the goods on to the road vehicle at the French port. Jack assigned the policy to Jill but a claim by her against Legal & Particular Insurance, has been rejected by them.

Advise Jill.

How would your answer differ, if at all, if Jack had made a CIF contract with Jill?

2. What distinguishes a sale of goods contract in English law from other similar forms of contract and what are the consequences of making the distinction? Is a supply of computer software a sale of goods?

3. Examine the classification made by the Sale of Goods Act as to the different types of term in a sale of goods and the consequences which follow from the classification. Explain what other ways of classifying terms can be made and the consequences that can follow from the classification.

4. Jack had 500 tonnes of wheat stored at Jill’s premises. He agreed to sell all of the wheat to Henry who was to take delivery and make payment two weeks later. When Henry came to take delivery of the wheat he found that there were only 250 tonnes of wheat in the warehouse since 250 tonnes had been stolen without Jack’s knowledge before he made the contract with Henry. The market price of the goods has risen considerably since the making of the contract. Henry wishes to take the remaining wheat at the contract rate and to sue Jack for the short delivery. Jack claims that the contract is void.

Advise Henry.

How would your answer differ, if at all, if the theft of the wheat had occurred after the making of the contract of sale?

5. Examine the issues which are determined by whether or not property has passed in a contract for the sale of goods.

Minimum reading:

For q.1 read Carr, International Trade Law 6th ed ch.14. If this is not available to you read at least the relevant chapter in one the other introductory texts indicated in References List 1E but note that these are not likely to deal with the recent changes to insurance contract law made by the Insurance Act 2015 although apart from Carr the second edition of Baskind has some material on it as does the latest edition of Clarke & Hooley. You should anyhow look up this Act to ensure that you completely understand the changes made especially in respect of the duty of fair presentation and in respect of warranties. You don’t need to deal with third party rights against insurers.

For q.s 2-4 read Atiyah chs. 1,2 (pp.8-36, make sure that you are aware of the Supply of Goods and Services Act 1982 and the Consumer Rights Act 2015), 3, 4 (in considering the effect of classification of obligations make sure you are aware of s.15A and s.30(2A) of the Sale of Goods Act), 5, 6,7,14. If Atiyah is unavailable use Benjamin as an alternative: chs 1, 6, 8 (paras 8-001- 8-00-17 and 8-025-8-030), 10 or search the other references referred to in References List 1, 2A)-C).

Suggested further reading:

Clarke & Hooley chs 8 & 9 (parts 4 & 5); the following materials referred to in References List 1, 2A)-C):- Davenport, Treitel (article and book references), Green & Saidov article.

In respect of q. 5 the importance of and basic rules for passing of property will be explained. If you have time try to read pp. 241-246 of ch.13 of Atiyah.