Leadership Is Needed For Fix This Fracture Immigration System

Leadership is needed to fix this fracture Immigration System Immigration reform is a daily topic address in the American media, this issue is heavily debated. The 2016 Presidential candidates most address this issue and offer solid support of the Dream Act or clearly written counter plan to solve this issue. These candidates can not me passive they most take a stand somewhere. This is complex issue at effects everyone in America in many different ways. These candidates most address what to do with 11million illegal immigrates that are currently living in the U.S, how to continue to improve the borders, how to streamline the visa and green card process, how to incorporate more immigrates into U.S to solve the future labor demands to†¦show more content†¦To shortly overview DHS mission statement the vision of homeland security is to ensure a homeland that is safe, secure, and resilient against terrorism and other hazards. Three key concepts form the foundation of our national homeland security strategy designed to achieve this vision: Security, Resilience, and Customs and Exchange (Department of Homeland security).The Department of State mission is: The U.S. Department of State is the lead institution for the conduct of American diplomacy and the Secretary of State is the President’s principal foreign policy advisor (State Department). Neither of this agency primary focus is on immigration. Back in 1990, U.S Commission on immigration reform issued an executive summary in 1994 pointing mayor flaws in current policy and need for change. One key point is there is a lack clear information and leadership (U.S Commission on Immigration Reform). Immigration policy center pointed one similar issues in their report (Immigration Policy Center). Moving forward I proposed a new alignment of these government agency that is enterprising and address all of the immigration cycle and lifestyle. That report to the president as a cabinet member this proposed cabine t member encompass all the existing federal agency that pertain to immigration plus a spokesperson that is from the department of Education, Labor, Homeland(only terrorism updates), Treasury,

The Stages Of Maturing And Adulthood - 988 Words

As a person lives life, they grow. In this particular development, they start to understand and see the world in a different way. These stages of maturing in life can be simply broken up into two groups; adulthood and childhood. Children tend to worry mostly about themselves, but they, in time, learn how to consider others feelings and views when performing an action. Typically, adults are almost completely controlled by thoughts and feelings of the world around them. The stages a person goes through during this growing up time are necessary for a person to mature correctly. As Sally states, a child is an apprentice to freedom, that is, the child is guided through the development of his or her freedom until he or she is ready to assume it in adolescence and adulthood (Scholz 395) Most children think it would be better to skip childhood and go straight to adulthood, but what they don t know is, that it s important for them to be a child before they become an adult. It s funny because the way a person lives in these changes of life are completely different, but can strangely be very similar. These differences and similarities can be seen in an individual s innocence, their experience, and their imagination. Most people love children because they posses something most adults have lost, the quality of innocence. If a child s innocence gets taken away from them at a young age, they re forced to become an adult when they just aren t ready. Because they aren t ableShow MoreRelatedLewis Carroll s Wonderland : A Magical Underworld Named Wonderland871 Words   |  4 Pagesyoung girl named Alice who adventures through a magical underworld named Wonderland. This young girl s adventures in Wonderland can be seen as a metaphor for the experience of growing up, both in terms of physically growing up and physiologically maturing as she gets to understand the adult world through her autonomy and experiences. She physically grows and shrinks again and again in the story up to a total of 12 times. Her constant physical change as she attempts to find the ideal size, evokes howRead More The Developing Adolescent Essay1402 Words   |  6 Pagesdevelopmental stages that apply from infancy to retirement. E rikson spent a great deal of time on the fifth stage of adolescence because this is the time when the individual develops an identity and it is a time when the individual faces difficult identity crises. Erikson explained each stage in life is both psycho and social. The psycho part has to do with this stages foundation previous stages and the fact that it is both a self-conscious phase and an unconscious phase. This stage of developmentRead MoreHow Alcohol Plays A Role Essay1603 Words   |  7 PagesHow Alcohol Plays a Role in Maturing In the United States, before you can legally drink alcohol, you must be 21. However, much of society begins drinking in the early adolescent years and openly disobey that rule. College is known for drinking and partying because of its ability to give its students a taste of freedom away from their parents. While at college, students live in dorms away from adult supervision and so they begin to act out in ways that they normally would not if they were at homeRead MoreAdolescence Is A Life Changing Event For Males And Females992 Words   |  4 PagesPuberty in essence is a life changing event for males and females, typically following a time of significant physical growth. Puberty is the stage in life when secondary sex characteristics are developing, sexual organs mature due to production of sex hormones. This naturally occurs during adolescence, the stage in life between childhood and adulthood. Nonetheless, Feldman (2014) points out the fact that physical changes begin earlier fo r girls typically at the age of 10, with sexual organ developmentRead MoreCatcher in the Rye Holdens Faliure in the Journey of Life1597 Words   |  7 Pageshardships that teenagers endure as they mature and enter adulthood. In this novel, Holden Caulfield, a sixteen-year -old who has been kicked out of several schools, undergoes a gamut of problems. First, at the beginning of the novel, it is clear that Holden has a difficulty accepting himself and others; he constantly defines people as phony. Secondly, as the novel progresses it becomes evident that Holden does not want to enter adulthood. Both problems lead to Holdens failure in his journey ofRead MoreThe Transitions Of Childhood And Becoming An Adult1637 Words   |  7 Pagestransitions in more detail and will explain why having good knowledge and understanding of these transitions that young people go through, is important to youth workers. Some of the things young people face can be very challenging for them during this stage of development. There are several things which can influence the young person’s experience of adolescence developments, such as puberty, society, economic background and unemployment. Many young people will get through the adolescence period withoutRead MoreAdolescence : Everything Changes? Essay1199 Words   |  5 PagesAdolescence: Everything Changes Adolescence is a transitional stage of development that has been defined as starting with puberty and lasting the years a person is roughly aged ten to twenty. Dramatic changes take place during adolescence; no other time period of a person’s life except infancy contains so much development into such a short time span. Puberty has historically been viewed as the starting point of adolescence and several factors play a role in determining the timing of puberty suchRead MoreErik Erikson963 Words   |  4 PagesErikson’s Stages of Personal and Social Development. As people grow, they face a string of psychosocial crises that shape personality, according to Erik Erikson. Each crisis focuses on a particular aspect of personality and involves the person’s relationship with other people. STAGE I: TRUST VERSUS MISTRUST ( BIRTH TO 18 MONTHS) The goal of in-fancy is to develop a basic trust in the world. Erikson ( 1968, p. 96) defined basic trust as â€Å" an essential trustfulness of others as well as a fundamentalRead MoreHow Salinger’s Holden Caulfield Relates to Teenagers Throughout Time1412 Words   |  6 PagesHolden’s teenage experience in many different nations and cultures. As J.D. Salinger takes the reader through Holden’s journey, it becomes obvious that Holden is struggling to deal with the death of his brother, Allie, and the process of maturing into adulthood. Holden experiences many common teenage feelings. Throughout the novel, three strong themes are reinforced throughout the main character’s story. Holden Caulfield represents alienation, the pain of growing up, and rebellion against societyRead MoreHas Anyone Put Any Psychological Thought Into How They1483 Words   |  6 Pagesabout identity development because he exp lains his theory with more stages than Piaget, appropriate age periods, and focuses on the social environment rather than cognition. Erik Erikson is the more prominent psychologist in terms of identity development because of his social cultural perspective. Erikson’s psychosocial theory has eight stages; each consists of an individual confronting a crisis that needs to be resolved. The first stage is trust vs. mistrust; it occurs in the first year of the baby’s

Health and Diet in Society for Food Literacy - myassignmenthelp

Question: Discuss about theHealth and Diet in Society for Food Literacy. Answer: Discourses and implications surrounding the declining food literacy One of the most important determinants of good health in the modern society both nationally and internationally is food literacy. Food literacy represents an individual's attitude, knowledge, and food skills associated with nutrition. This is because all these do impact greatly on the foods that they choose to eat. Health outcomes can be impacted in many ways by the different levels of food literacy. Food literacy is defined as an establishment of attributes and skills that assist individuals to maintain to withstand their daily preparation of healthy, delicious and reasonably priced meals for themselves and their families as well (Benn, 2014). Besides the industry and the government, households also have a major role to play in guaranteeing that they consume a safe, healthy and nutritious food. Having property food-related knowledge by the households will also influence the industry and the government ability to make decisions on the production of food, its consumption and how it ca n be regulated. Better food knowledge and how the knowledge is put into practice will influence how key food strategy objectives will be achieved. There has always been a strong correlation between the healthy eating and dietary quality and the knowledge on nutrition. Several studies that have been carried out by different groups have always proven the same. Several efforts by industries, public awareness and educational campaigns aimed at improving food healthiness and nutrition have been the main components of previous initiatives of public health (Brooks Begley, 2014). Some of these initiatives have proved to be successful though there still is a long way to go in ensuring that all individuals are made aware of the importance of food literacy. Food consumption habits of most adolescents and children have never been pleasing at all. Majority lack the nutritional knowledge that may make them pick on healthier foods. Children and even adolescents decide on what food to consume in accordance to which one tastes sweeter. Because of this, they end up consuming unbalanced diet meals over and over. Daily consumption of unbalanced m eals may result to unhealthy lifestyles leading lifestyle diseases such as obesity, cancer, diabetes, heart disease, stroke etc. most parents have also played a major role for the declining food literacy. Parents should be the role models to their children and give directions on what they should do in order to achieve healthy living. The parents never consider involving the family in food preparation, therefore, reduces the food preparation skills and knowledge among the younger household members (Pendergast Dewhurst, 2012). Health outcomes have always been a subset of health literacy and thus food literacy influences these outcomes in many ways. Whenever better knowledge and behaviours towards storage of food and handling are well observed, then food literacy will greatly impact on the safety of food consumed by us. Many households do not employ food labelling information and knowledge which should help improve their diets (Cullen et al, 2015). Due to this, many individuals from several households are victims of poor diets and therefore increased risks to their health. Poor cooking skills by many households have also contributed to poor diets and poor health outcomes, therefore a lot of effort should be put on improving the cooking skills in order to ensure that a healthier diet is achieved for all households. Food illiteracy can result in little dietary knowledge which is a big determinant of food and meal choices. The little dietary knowledge has always resulted in poor decision making on the type of foods to consume resulting in poor health. Improving food literacy will, therefore, help reduce these challenges to diet and proper health. Many Australian citizens seem to have a perfect general understanding of food, nutrition and health yet they lack a proper understanding of the facts and details of how they are related. Several surveys have shown that household knowledge on nutrition specifically is weak in many areas. Several publications which aim at assisting these households to achieve better eating habits have since been published. Most of these publications aim at recommending improved vegetable and fruit consumption and how they can be strictly adhered to (Vaitkeviciute et al, 2015). Despite environmental effects not being a top priority for households in relation to food issues, the decisions by households are driving forward the agendas of the authentic, local and organic movements of food and also sustainability efforts of the environment, which may include declines in the packaging of food and use of chemicals in farming practices. The little information available on labels of food products, most specifically on environmental and health factors such as antibiotics, pesticides, and growth hormones, does not promote food literacy and environmental outcomes. More of this information should be readily available and precise on the product labels. Availing such information to households and also informing them of the importance will lead to maintenance of a better environmental that favours good health for all (Pendergast et al, 2011). Reduced food literacy has in most cases led to increased expenditures in many households. Many households lack the skills in managing food wastage. In addition to that, a relatively low number of individuals have and adhere to a household budget which ought to support in improving their planning and purchasing practices. Improved food literacy will, therefore, focus on enabling better budgeting ideas and planning which will thus reduce the chances of wastages and increased expenditures. Proper food management yields improved health to all individuals. With better budgeting, households are also able to put into considerations the best diets to feed on each and every day (Thomas et al, 2011). Making decisions and prioritizing on food-related issues greatly relies on food literacy. Besides that, it also relies on the quality of food, nutritional value, safety, claims, price and source. From a recent survey within the country, it was realized that majority of the households consider quality as the top priority when making a decision on what food to purchase. Food safety, nutritional value and price followed in order of importance (Velardo, 2015). Preparation of food in most countries tends to be reliant on gender with women being the main cooks in most of the households. This, with no doubt, makes women have the most of the self confidence when it comes to cooking as well as food preparation skills than the men. As a result of this, mothers are therefore the most important educators of cooking and food preparation skills. They should play this role dutifully to ensure that the good food they are known to be good at preparing helps their household members in achieving good health. This should be done regardless of the socio-economic status (Vidgen Gallegos, 2011). Conclusion Increasing food literacy in the country will support better selections in nutrition and diet, attitudes and food skills. This will result in improved health, safety and nutritional outcomes. Education and information are vital and must be accessed using strategies that encourage lasting changes in behaviour. Education based on nutrition, especially for children is important since it will positively influence their knowledge and skills on food-related issues, health status, eating and physical activity behaviours. Besides better nutrition and diet, food literacy will also impact positively on the environmental sustainability. A lot of effort should be applied at the territorial, federal and community levels in order to improve more healthy and eating patterns. All individuals have a bigger role to play to ensure that increased food literacy is achieved (Vidgen Gallegos, 2014). References Benn, J. (2014). Food, nutrition or cooking literacy-a review of concepts and competencies regarding food education. International Journal of Home Economics, 7(1), 13. Brooks, N., Begley, A. (2014). Adolescent food literacy programmes: A review of the literature. Nutrition Dietetics, 71(3), 158-171. Cullen, T., Hatch, J., Martin, W., Higgins, J. W., Sheppard, R. (2015). Food literacy: definition and framework for action. Canadian Journal of Dietetic Practice and Research, 76(3), 140-145. Pendergast, D., Dewhurst, Y. (2012). Home economics and food literacy: An international investigation. International Journal of Home Economics, 5(2), 245. Pendergast, D., Garvis, S., Kanasa, H. (2011). Insight from the public on home economics and formal food literacy. Family and Consumer Sciences Research Journal, 39(4), 415-430. Thomas, H. M., Irwin, J. D. (2011). Cook It Up! A community-based cooking program for at-risk youth: overview of a food literacy intervention. BMC research notes, 4(1), 495. Vaitkeviciute, R., Ball, L. E., Harris, N. (2015). The relationship between food literacy and dietary intake in adolescents: a systematic review. Public health nutrition, 18(4), 649-658. Velardo, S. (2015). The nuances of health literacy, nutrition literacy, and food literacy. Journal of nutrition education and behavior, 47(4), 385-389. Vidgen, H. A., Gallegos, D. (2011). What is food literacy and does it influence what we eat: a study of Australian food experts. Vidgen, H. A., Gallegos, D. (2014). Defining food literacy and its components. Appetite, 76, 50-59.

European Court of Justice

Question: Describe about a Report on European Court of Justice ? Answer: 1. The names of the judges were Thorpe, Mance LJJ and Neuberger J. 2. The claimant in this case was ... Medivance Instruments Ltd. On the other hand, the names of the respondents in this case were Gaslane Pipework Services Ltd and Vulcana Gas Appliances Ltd. 3. According to section 14, terms can be implied in the contract related with quality and title and it needs to be noted that these terms are relevant only when the seller is acting in the course of business. At the same time, this section does not prescribe any requirements related with the status of the buyer. There is a difference present between the test of merchantable quality as prescribed by section 14(2) and the test of fitness that has been prescribed by section 14(3). Therefore, section 14(2) requires that the goods sold by the seller should be of merchantable quality which means that the goods should be satisfactory. In this regard, the Sale of Goods Act has provided an objective test under section 14(2) for the purpose of deciding satisfactory quality. In this case the standard of a reasonable person has to be used regarding the goods being satisfactory, keeping in mind the price, description and any other fact that may be relevant for this purpose. There are certain fact ors that have been identified by the courts that can increase or decrease the expectation of satisfaction. For example, in Bernstein v. Pamson Motors Ltd, the court stated that in case of secondhand goods, the expectation regarding satisfaction can be lower. However when it comes to the goods of a very well-known brand, the expectation regarding satisfaction can be quite higher. Some of the other factors that are being considered as being relevant for the purpose of this test may include advertising. On the other hand, in case of section 14(3) the test of witness for purpose has been used. In this case, if the buyer has informed the seller regarding the purpose behind the purchase of the goods expressly or impliedly, an obligation is imposed on the seller to ensure that the goods that are being sold to the buyer are fit for the purpose disclosed by the buyer. In this case, it needs to be seen if under the circumstances, it will be reasonable for the buyer to rely on the expertise of the seller in this regard. This issue has been discussed in detail by the court in Godley v Perry which provides an example of the application of this test. In this way, there is a significant difference present between the test of merchantable quality as prescribed by section 14(2) and the test related with fitness for purpose that has to be used in case of section 14(3). In this way, the tests related with merchantable quality is comparatively general because in this case, merchantability needs to be evaluated, keeping into the type of the goods and also the likely use of the goods. On the other hand, the test related with fitness for purpose deals with the specific purpose for which the goods have been acquired by the purchaser. 4. It was alleged by the claimant that Valcuna was required to supply a device that should be of merchantable quality and at the same time it should also be fit for purpose as prescribed by s14, Sale of Goods Act. However the court of appeal did not consider that the provisions of section 14 were applicable to Vulcana. The reasons that were given by the court in this regard included the warning mentioned on the heater due to which the installers of the heater can be reasonably expected to take reasonable precautions against such known risk. As a result, the court concluded that the respondent had properly warned against the risk and it was also well known to the appellant. Although, it was acknowledged by the court that it depends on the circumstances of each case if such bonding can be considered as being sufficient for discharging the duty that has been prescribed for the seller but in the present case, it was stated that under the circumstances, it can be said that the duties prescribed by section 14 have been discharged by the respondents than they gave the warning. In the same way, regarding the applicability of the provisions of section 14(3), the court stated that in any case the heater can be considered as being fit for purpose for which it has been supplied. In this regard, the court also consider the fact that the buyer had specifically asked the seller to purchase that particular heater and it also noted the fact that the buyer had been using the heaters of the same type for nearly 8 years in their factory. As a result, it can be said that accident was also aware of the risk. Another reason given by the court in favor of its conclusion that section 14 was not applicable to Vulcana was that the trial Judge also used expert evidence who stated that the heater supplied to the appellant was not only of merchantable quality but it was also fit for the purpose. In this regard, the court also consider the fact that heater complied with the British standards. 5. Neuberger J stated in this regard that the provisions prescribed by s14, Sale of Goods Act can be considered as being applicable between the appellant and Gaslane due to the reason that the contract was present between them and according to this contract, "the buyer" was the appellant and the seller was Gaslane and the heater had been supplied by the seller to the buyer under this contract. But it needs to be included in this regard that no contract is present between appellant and Vulcana and as a result, there is no relationship of buyer and seller. Under these circumstances, any liability that Vulcana may have towards the appellant will be present under tort and not under the law of contract. As a result, the basis for the claim of the appellant against Vulcana is very different juridically as compared to the claim of the appellant against Gaslane. But on the basis of the facts of this case, it has been contended by appellant that Vulcana had obligations towards the appellant u nder tort which included the duties that were same as the contractual duties of Gaslane as prescribed by the provisions of s14, Sale of Goods Act. In this regard, it has been claimed by the appellant that in case the heater can be considered as not being fit for the purpose it was supplied or if it can be considered as being not of merchantable quality, as the manufacturer and supplier of the heater, Vulcana can be considered as being negligent. However the appellant had presented its case against the respondents in several other ways, apart from those prescribed by section 14(2) and 14(3). But at the same time, the court also acknowledged that if the claims made by the appellant on the ground that the heater supplied with was not of merchantable quality audit was not fit for purpose fail, the other claims made by the appellant against the respondents cannot succeed. As a result, the Court decided to limit the consideration of the appeal only to the claims under section 14 that have been made by the appellant against Gaslene and in case of Vulcana, the court decided to limit its consideration to their equivalent under tort. 6. The appellant stated that the heater was not of merchantable quality or fit for purpose as it would have been safer if the heater would have been provided with a guard or a thermostat. However, this contention of the appellant was rejected by the court that only on this ground it cannot be said that the heater was not fit for purpose or it was not of merchantable quality. In this regard, the court stated that the requirements prescribed by s14, Sale of Goods Act do not require that such a high standard should be imposed. At the same time, doing so will result in the imposition of a very high burden on the suppliers and as a result, it may also cause interference in the normal trade and commerce. The court further stated that the claim of the appellant regarding the heater not being fit for purpose of merchantable quality needs to be rejected on the grounds that the tests related with fitness for purpose or merchantable quality is not satisfied in all cases by referring to the test of reasonablene necessity. In this regard, the court also referred to the judgment given in Rogers v Parish by Mustill LJ 7. The court stated that if a claim that has been initiated in the s14, Sale of Goods Act is successful each time when the claimant is successful in establishing that the good supplied by the seller would have been safer, more fit for the purpose or more merchantable, there will be an intolerable burden placed on the supply of goods and in this way, it will also result in a very serious interference by the courts with normal trade and commerce. 8. The court did not consider that any other heaters needed to be supplied to the appellant. The reason behind this belief of the court was that although some convection heaters were present in the market which had a device that had been described by the terms on which the appellant had relied upon, the court also noted that there were also available many other convection heaters in the market which did not have such a device as was the case with the heater supplied to the appellant. At the same time, the court also stated that there was no evidence presented to suggest that the heaters that included such a device were more reliable on effective in preventing accidents. 9. Neuberger J relied on this case because it was mentioned by Court of Appeal that indeed it is the duty of the manufacturer to terminate the supply of the product if the manufacturer comes to know that the product is unsafe. However, there can be certain circumstances where this duty of the manufacturer can be fulfilled by taking less drastic action. For example, this unity can also be fulfilled by giving proper warning regarding the relevant facts to the buyers of such a product that are known or suspected to result in a real or any potential risk. 10. Mr. Brown stated that it will be dangerous to allow the manufacturers or the sellers of the goods to avoid their liability if they gave a warning regarding the risk to the buyers because in such a case, the sellers will be defining the scope of their contractual duty regardless of the circumstances. 11. The facts of Holmes v Ashford was somewhat similar to this case. The court held that the manufacture of hair dye was not responsible because the client of a hairdresser had contracted dermatitis after being treated with that hair dye. The reason given by the court was that there was a clear warning given with the hair dye regarding the possibility of such a risk and also a recommendation that the effects of the dye should be tested first. This decision has been based on the judgment of the Court given in Hodge Sons -v- Anglo-American Oil Co. where it was stated that the required proportions can be fulfilled if the barge had been given to a competent person along with a reasonable warning regarding the dangerous character of the barge, if such danger is not obvious. Due to these reasons, Neuberger J refers to these two judgments. 12. The court stated that the fact that the heater complied with British Standard was a material fact. This fact was mainly relevant when it comes to the test of merchantable quality. Apart from it, the court also considered as a material fact that a warning was present in the instructions in which it has been clearly mentioned that the front part of the heater should not be obstructed as there was a risk of causing fire. On the other hand, the fact that the respondents had been told by the appellant that the heater is going to be used in baking area and also the fact that heaters were available in the market with thermostat devices were not considered as material facts while deciding the case. In the same way, it was not considered as material that it has been mentioned in the brochure of Vulcana that the heater has an overheat switch. 13. The ratio decidendi included the statement that the heater was of merchantable quality and was also fit for the purpose. This statement was made by the court in view of the four factors that have been identified by the trial court. On the other hand, the statement that it will be unsuitable for the court to enforce an obligation on the seller, through tort or by an implied term, that imposes a higher duty as compared to the duty that has been imposed on the parties by the terms of the contract or by statute is not the ratio decidendi of this case. In the same way, the statement that the commercial purchaser having earlier knowledge of buying same product and also being aware of the risks involved in using such a product, then it can be considered that the goods are fit for the purpose as provided by section 14, was also not the ratio decidendi of this case. In this way, the ratio decidendi of the court can be described as the warning given by the respondents which was considered by the court as an important factor that goes in the favor of respondents. It was noted by the court that while installing the heater, it can be reasonably expected that the ordinary precautions will be taken by the installers to protect against the risks that are known. At the same time, the court also found that the respondent has given a warning regarding the presence of such a risk and in any case, the appellant was well known to the presence of such a risk. 14. On the basis of the decision given by the court in Medivance Instruments Ltd v Gaslane Pipework Services Ltd, it can be said that in the present case, JTL had given sufficient warning regarding the presence of a risk of causing fire if anything is placed within a meter radius of the heater. While it is true that in this case, Mr. Matthews had no experience in purchasing the heaters and as a result, he had relied on the advice given by JTL but at the same time, it also needs to be noted that in this case, sufficient warning has been given by JTL that if anything is placed near the heater, there are chances that it may result in a fire. Moreover, Mr. Matthews and also signed a document in which it has been mentioned that he clearly understood the risk. Another very significant factor in this regard is that the heater conforms to the British Safety Standards. On the other hand, Mr. Matthew had claimed that the heater installed by JTL was not of merchantable quality because it did no t have a thermostat or a safety guard. Moreover, Mr. Matthew had shown the representatives of JTL that the heater is going to be installed in the stock room where hundreds of cardboard boxes were present. After visiting the stock room, the representatives recommended the standard heater for Mr. Matthews which did not have a thermostat or a safety guard. However only due to this fact, it cannot be said that it was not of merchantable quality, particularly in view of the fact that the heater fulfills the British safety standards. Similarly in view of the decision given in Medivance Instruments Ltd v Gaslane Pipework Services Ltd, it also needs to be noted that sufficient warning has been given by JTL to Mr. Matthews that a fire may be caused if anything is placed near the heater. In this way, JTL can successfully avoid the claim of Mr. Matthews regarding merchantable quality of the heater. 1. The short title of the statute is Trade Union and Labour Relations (Consolidation) Act 1992 2. The long title of the Act is Trade Union and Labour Relations (Consolidation) Act 1992 3. The Act came into force on 16 July, 1992. 4. The Act provides that that it can be presumed that the section 137(5) that a person has been refused employment if the person from whom such person seeks employment has refused to entertain or due process the inquiry or application or if makes that person to withdraw or not to follow his inquiry on application or if such person has deliberately omitted or refused to give employment of that description to such a person. In the same way, a similar presumption can also be made under section 137(5)(d) of the Act if the employer offers the employment to the applicant but on such terms that will not be offered by any reasonable employer who wants to appoint an employee for the post and which are not accepted. In the same way, a presumption can also be made if an offer has been made regarding such employment but later on the offer is withdrawn or if the applicant is made to refuse the offer. 5. The meaning of the advertisement will be decided by the court under section 137(3) of the Act by considering that the employment offered in the advertisement is available only to the persons who are the members of trade union or not the member of trade union or if the condition prescribed by subsection (1)(b) of s137 will be enforced regarding the employment that has been offered in the advertisement and the person who does not fulfills the condition or if such person is not willing to accept the requirement mentioned in the advertisement and has been refused employment, shall be determined by the court that such person has been refused employment on account of such reason. 6. In the present case, the provisions of Trade Union and Labor Relations Act, 1992 have been contravened because it has been clearly provided by this legislation that will be unlawful to refuse an applicant employment only due to the reason that such person is a member of one is not a member of a trade union. In the present case, Sophie had not been called for an interview as she has not joined Teach Excel Union. 7. Section 137(1)(b) clearly provides the kids will be unlawful if a person has been refused employment due to the reason that such person does not want to accept a requirement according to which a person has to take steps to become or cease to become a member of a trade union. It also applies to a requirement according to which a person has to remain a member of a trade union or is required not to become a member of the trade union. At the same time, clause 5 (d) of section 137 also provides that it will be considered that a person has been refused employment in case the person has been offered the employment on such terms that would not have been offered by any other reasonable employer who wants to fill the post. In this way, it is clear that in the present case Marlon had been refused employment in contravention of the provisions of Act and therefore, Marlon can make a complaint to the employment tribunal and seek compensation. 8. Section 188 of the Act provides for the duty of the employers to consult when the employer is suggesting dismissing 20 or more employees as redundant within 90 days or less. In this regard, the Act provides that the consultations should start within good time but it has been specifically provided that in case a proposal has been made by the employer to dismiss 100 or more employees of the organization, the conservation has to start at least 90 days before the notice of dismissal is going to expire. After the decision given by the European Court in Junk v Kehnel, it is now clear that the employers are required to complete the statutory process of consultation before any dismissal notice has been issued by them. At the same time, it is also the duty of IT World to consult with the appropriate representatives of the employees regarding the dismissals, who were going to be affected by the dismissals proposed by the employer. In this way, the duty to consult prescribed by section 188 for the employers has been breached by IT World in the present case. 9. It has been clearly mentioned the section 188(1) of this legislation that in case any employee is going to dismiss 20 or more employees as redundant, such an employer is required start consultations regarding these dismissals with all the persons who can be considered as the appropriate representatives of the affected employees. Therefore, according to the literal rule of statutory interpretation, a catering company is required to initiate the process of consultation as prescribed by section 188(1). 10. Section 170 of this legislation provides for the time of that can be taken by the employees for engaging in trade union activities. In this regard, section 170(1) provides that the employers are required to allow their employees who are the members of any trade union recognized by the employers to take time off during their working hours of the employee to take part in the activities of the union and also in any activities in which the employees are acting as the representatives of the Union. In this way, clear duty has been prescribed by section 170 for Marketing Solutions to allow time off to their employee Simon because he is the member of a trade union that is recognized by the company. In this way, Marketing Solutions has to allow time off the Simon during their working hours because he is going to represent his trade union at the conference of trade unions. In this regard, it has also been provided by 170(3) that the amount of time off that will be allowed to the employees and also the purpose for which such time off has been allowed needs to be reasonable. As in the present case, Simon has asked for a time off in order to represent his trade union at the conference of trade unions, it appears to be a reasonable cause therefore Marketing Solutions is required to allow time off to Simon so that he can represent his trade union at the conference. Bibliography Bernstein v. Pamson Motors Ltd [1987] 2 All ER 220 Godley v Perry [1960] 1 WLR 9 Hodge Sons -v- Anglo-American Oil Co. (1922) LC.L.Rep 183 Holmes -v- Ashford [1950] 2 All ER 76 Junk v Kuhnel, European Court of Justice January 2005 Medivance Instruments Ltd v Gaslane Pipework Services Ltd and another [2002] EWCA Civ 500 Rogers v Parish [1987] 1 QB 933 Sale of Goods Act, 1979 Trade Union and Labor Relations Act, 1992 Trade Union and Labor Relations Act, 1992 Wright v Dunlop (1973) 7 KIR 255 Medivance Instruments Ltd v Gaslane Pipework Services Ltd and another [2002] EWCA Civ 500 Section 14, Sale of Goods Act, 1979 Ibid 14(3) Sale of Goods Act, 1979 Bernstein v. Pamson Motors Ltd [1987] 2 All ER 220 Godley v Perry [1960] 1 WLR 9 Sale of Goods Act ibid Sale of Goods Act, 1979 Rogers -v- Parish [1987] 1 QB 933 Wright v Dunlop (1973) 7 KIR 255 Holmes -v- Ashford [1950] 2 All ER 76 Hodge Sons -v- Anglo-American Oil Co. (1922) LC.L.Rep 183 Medivance Instruments Ltd v Gaslane Pipework Services Ltd and another [2002] EWCA Civ 500 ibid Trade Union and Labour Relations (Consolidation) Act 1992 ibid ibid Trade Union and Labor Relations Act, 1992 Junk v Kuhnel, European Court of Justice January 2005 Trade Union and Labor Relations Act, 1992