Tuesday, August 6, 2019
Models of Teaching Essay Example for Free
Models of Teaching Essay This paper explores the experience of synectics, a teaching model that comes from the informational-processing family. This model is known as the art of enhancing creative thought and through our group experience it has given us proof. Creativity is a huge part of the model and its purpose is to bring out creativity from the students. Synectics brings all children the process of metaphoric thinking known as the foundation of creative thought. As my group and I continued to study the model we discovered great connections and outcomes from teaching a lesson through synectics in two different grade levels. This paper will serve as a reflection from my experience using the synectics model as well as my group experience. Synectics Model In the beginning, my group and I were very puzzled about the model because it was something we were unfamiliar with and it took a while for us to comprehend the book. So, our first thing we decided as a group was to go home and read the chapter and explore the model and do personal research that could benefit our understandings. When Amanda, Tessa, Doug and I met up again we shared what we learned, but once again we remained stuck. My group was still feeling fuzzy about the model because we understood the rational but we did not know how to put it into practice. The Models of Teaching by Joyce, Weil, and Calhoun provided great information and examples but we still had no clue on how and what we were going to conduct a lesson using the model. Amanda and I brought in some lessons that we found on the internet that could be helpful for our group. One of the lessons was called ââ¬Å"Running the Mileâ⬠by Jennifer Hoffman and just by reviewing it on my own it clicked and I understood what we needed to do. I know Amanda had an idea but I was not sure about Tessa and Doug because they still seemed unsure. The day we met in class for the last time was when our group asked our instructor for guidance and what she did was read the Synectics part from the Models of Teaching out loud and our groupââ¬â¢s light bulb lit up. It was very interesting on how that happened because right after our instructor left the table we began coming up with a plan and lessons. As we group we decided that we were going to carry out two lessons. Doug and Tessa worked together to create a lesson for juniors at Dougââ¬â¢s school while Amanda and I collaborated on lesson for her 6th graders. We decided to carry it this way so we could compare the different outcomes for out final reflection. Once we figured out the synectics model we quickly put together two lessons less than ten minutes and began scheduling dates to teach and observe in the actual classroom. Working with Amanda we talked about an appropriate lesson that could connect to her current theme in the classroom. She mentioned that they will be studying the Holocaust so from there we came up with a lesson that dealt with Adolf Hitler whereas Doug and Tessa created a lesson that involved the Great Depression. Both lessons seemed very interesting and exciting because using the synectics model to teach it had unlimited outcomes. On November 15, I arrived at Amandaââ¬â¢s classroom as an observer and began my note taking. When I got there Amanda shared with me that she taught the lesson to another class of hers and said that it went very well because she got them to compare Hitler to a computer as well as a shark. Synectics consists of six phases and is easy to get confused at first but when it is successfully carried out it offers a creative outcome. I will provide the lesson summary that we will use to conduct the lesson. Lesson Summary: Step One: Phase One- Provide background information over Hitler and the Holocaust. The main resource for this is: http://www. ushmm. org/museum/. This will provide a ton of information over the different groups that were targeted and it provides background information over the process of the Holocaust. Step Two: Significant Question: How is Hitler like a Machine? This will be written on the front board and students will be asked to complete their answers in their journals that are stored in class. This will be a warm up to the lesson that we will be doing. Step Three: As a class, we brainstorm different machines. Students decide on one machine to become. They are to then write what they would do as this machine. Step Four: Compressed Conflict- Write adjectives on the board that describe the machine. Then have a discussion over the antonyms and the adjectives that conflict with one another. Example: Violent versus Quiet. We will then choose these as a class to compare together and discuss. Step Five: Now pick and animal to compare the compressed conflict with. Ask students, how is this animal like the compressed analogy? Example, say we choose a lion. How is a lion both quiet and violent? Step Six: Going back to the Holocaust, how can we compare this animal to a machine? Why is the Holocaust a quiet and violent lion, for example? Students will now gain an understanding of being able to connect Hitler/Holocaust to an animal that they are more familiar with. In the classroom this is what I observed. Phase One: Substantive Input- Teacher provides information on new topic which was carried out by Amanda the day before I came. She provided a PowerPoint about the Holocaust as well as information about Hitler. Phase Two: Direct Analogy- Teacher suggests direct analogy and asks students to describe the analogy. Amanda asks her 6th grade students to create a list of machines and gives them two minutes. These are the machines they came up with disposal, computer, microwave, car, oven, washer, lawn mower, shredder, copy machine, blender, toaster and vacuum. Phase Three: Personal Analogy- Teacher suggests students ââ¬Å"becomeâ⬠the direct analogy. Amanda then tells her students to choose a machine and write about how it would be to be the machine. For example, a student chose a vacuum and this is what she wrote, ââ¬Å"My owner always uses me to clean up stuff. In my point of view, I get fed. I am always sucking up all kinds of things like junk etc. Whenever they dump stuff out, I become hungry and it makes me feel like my whole stomach has been taken away. â⬠Phase Four: Comparing Analogies- Students identify and explain the points of similarity between the new material and the direct analogy. Amanda then asks her students to vote on a machine as a class that they will use to compare Hitler with. The class voted on a shredder and came up with a simile. This is what one student wrote, ââ¬Å"Hitler is like a shredder because he killed people and a shredder also kills paper. Also since a shredder sounds torturous, Hitler also tortured people. They are also both powerful. â⬠The students came up with adjectives for the shredder such as hungry, happy, choking, short, powerful. Phase Five: Explaining differences- Students explain where the analogy does not fit. Amanda explained this step as the compressed conflict and had the student create a list of oxymoron from the adjectives in step four. This is what her class came up withâ⬠¦ Short vs. Powerful, Choking vs. Happy, Torturous vs. Happy, Choking vs. Hungry. Phase Six: Exploration- Students reexplore the original topic on its own terms. Amanda then gave her students 2 minutes to list some animals. The students listed zebra, tiger, lion, cheetah, pony, and bear. As a class they were told to choose one animal that matched their compressed conflict of being torturous vs. happy. Hence, they all agreed on a lion. Phase seven: Generating Analogies- Students provide their own direct analog y and explore the similarities and differences. Amanda then instructed her students to compare a lion to Hitler. Here are some of the responses her students gave. * ââ¬Å"Hitler is like a lion because they are both like leaders and have followers. They also kill a lot and they are both smart. â⬠* ââ¬Å"Hitler is like a lion because they are both very powerful and vicious. They both kill things they donââ¬â¢t like and are both big leaders and have followers. â⬠For the extension part we agreed that they could illustrate their outcomes if there was extra time available. Overall, the experience of using the model was a success because it brought so much creativity to the table and I was shocked that her class chose a lion for the animal to describe Hitler. I was shocked that no one brought up Lion King the Disney movie, because that movie makes a lot of reference to Hitler and dictatorship. It was very interesting how her students made a connection to it without thinking very hard. The rational of the model synectics gives students an opportunity to express their ideas creatively and make connections with the unknown. As students are prepared to start mixing analogies and similes together to create a connection, it gives students a chance to make a much more interesting connections in their daily writing and for the purpose of this assignment. Using the Holocaust as our main focus to teach about Hitler was an achievement because by overlooking what the students made connections with was obvious that they could express what Hitler felt and acted. In conclusion, this model at first seemed more challenging but after awhile it began to fall into place. It deals with thinking outside the box and for me being a creative person I enjoyed learning about the model and having to teach students to also think outside the box and not be afraid of the unknown outcomes. As a future educator, I feel that this model has been very beneficial and I look forward to utilizing again in my own classroom as writing warm ups to new stories or materials. This model helps students make connections with their background knowledge as well as concepts they are unfamiliar with and it also challenges them to bring their creativity out. Reference Joyce, B. , Weil, M. , amp; Calhoun, E. (2009). Models of teaching.
Monday, August 5, 2019
Natural And Man Made Pollution Environmental Sciences Essay
Natural And Man Made Pollution Environmental Sciences Essay Pollutions are two types. The natural and Man Made. The natural pollution is caused and produced naturally and will not affect our environment because of its regeneration ability. The Man made pollution is being made by humans and have huge affect on our environment and definitely ourselves. The reason of increasing the pollution daily is because of raising of population of the world since it is getting bigger there is need to contact to the environment to provide the necessaries of humans. By developing the new technologies and using them to reach and discover new resources people have had a harmful affect on the planet. It is clear that the small population with new technologies will not affect the environment or if it is affecting it is not that much an can be controlled while huge population by using the technologies will clearly have bad results for the planet. Pollution is one of the major issue and concern. It has not been happened recently or accidently. It is human`s mistake since long years back and has been beside us since many years ago . We must be clever try hard to save our energies and resources and we have to have a good management and programs to protect the resources that we are using nowadays which we might not have them in coming years. We should use them usefully and try to prevent any type of pollution to our Environment and save the earth and resources for our future and provide a better living place. In General There are 6 ( Six ) types of pollution . Which we are going to discuss about four of them that it is believed to be the major ones. Air Pollution Water Pollution Radioactive Pollution RADIATION POLLUTION Radiation is any kind of ionizing and nonionizing radiation that is caused by human activity. Nuclear power generating plants are the well known source of generating radiation; however there is other ways in which radiation is also emitted like: any nuclear devices, medical X rays microwaves and experimental research laboratories. However the amount of radiation that are emitted is considerably less than the nuclear power generator plants but is nuclear plants the amount of radiation al always under the check by the workers and specialists. In case that the radiation level is increasing in nuclear reactors; the specialists will shut down the reactor or decrease the nuclear chain reaction. (Radiation, library.Thinkquest, 2011) Radiation has bad effects on both land and human health. The land that is exposed to radiation will not be unfertile and if something grows on the land will have considerably high amount of radiation in the fruits and vegetables which is really bad for human health to consume. Radiation takes hundreds of years to vanish. If a person is exposed to radiation it is very dangerous and can lead to cancer, anemia, burns and vomiting. In some cases the genetic disorders are caused by radiation such as: mutation over long period of time mostly in off springs. The effect of radiation to human health depends on the amount of radiation that the person is exposed to and there is also many more such as: the length of exposure, kind of radiation, age, and the individuals health and also exposed body parts. Nowadays exposure to radiation is minimal because of technological advancement. However it can come from damaged nuclear plants, accidents from transporting of nuclear fuel and wastes. (The effe cts of radiation, biology-online, 2011) Nuclear wastes must be stored in heavily shielded sealed containers and be stored in areas away from biological habitats the safest storage sites are in deep caves or abandoned salt mines. To avoid radiation prevent over exposure to x-rays and CT scans, avoid living near nuclear plants or stay there for too long and stay clear of radioactive materials and elements. Radiation exposure is a real danger. As Japan is battling its worst nuclear crisis. Radiation leakages threaten the health of the entire humanity. In Time Magazine, Prof. John K.C. Leung gives advice on radiation exposure how to avoid radiation exposure. Remember nuclear radiation exposure can travel through clouds. It doesnt really matter where you are. If the radioactive atomic materials can travel through air, then it can go anywhere.(According to newsbalita, 2011). John K.C. Leung explains that the general protocol for those who find themselves in danger of exposure to nuclear material should; stay indoors the walls will provide some measure of protection from the radiation, close the windows and doors plus turn off the ventilation system. Various people support nuclear experimentation and suggest that by the help of technological advancements and the above safety precautions, radiation pollution/exposure can be controlled and avoided for example according to (biology-online, 2011)Today, high level exposure is very rare due to the advancement of technology. It could come from defective or badly damage nuclear plants, ammunitions of factories, and nuclear war. However radiation moves everywhere and its hard to contain for example experts say radiation can travel through clouds. It doesnt really matter where you are. If the radioactive atomic materials can travel through air, then it can go anywhere (newsbalita, 2011) Water pollution Water pollution is an undesirable change in the state of water, which contains harmful substances. It is an important environmental issue like Air pollution .Water pollution is the physical, chemical and biological properties of water which contains harms other living organisms. Polluted water is unfit for drinking and for other consumption purposes. Since its polluted, it harms human beings and other living organism which use water as it contains viruses, bacteria, intestinal parasites and other harmful microorganisms. It also causes diesis such as diarrhea, dysentery, and typhoid. Due to pollutants entire ecosystem gets disturbed infected. The causes of pollution are disease-causing agents. These are bacteria, viruses, protozoa and parasitic worms that enter sewage systems and untreated waste, oxygen-demanding wastes which can be decomposed by oxygen-requiring bacteria. Oxygen levels in the water depletes when large amount of decomposing bacteria converts, which becomes the causes of death of other organisms in the water, such as fish. Another pollutant of water is water-soluble inorganic pollutants, such as acids, salts and toxic metals. Large quantities of these compounds make the water unfit for drink and cause death of aquatic life. Nutrients are also water pollutants, they are water-soluble nitrates and phosphates that cause excessive growth of algae and other water plants, which deplete the waters oxygen supply. Its dangerous as, it kills fish and might kill child if found in drink water. Water Pollution Causes Although certain natural processes may cause some of the water pollution, however, the largest cause of our seas, rivers and lakes getting polluted is the human activity. We use water every day both in our industries and at homes. We get this water from groundwater sources, rivers, and lakes, and after using it, and often contaminating it, most of this water gets back into the rivers, lakes, and oceans. (Water treatment purification, 2009) A major problem in developing countries is the disposal of sewage, as there is no adequate sanitation in large areas, thus carrying disease causing bacteria and viruses into sources of water. In countries that are developed, people often flush pharmaceutical and chemical products into their toilet. (Water treatment purification, 2009) Air pollution Substance in the air that cause harm to humans and the environment are known as air pollutants. Pollutants can be in form of solid particles, liquid droplets, or gases. In addition, they may be natural or man-made. Pollutants can be classified as primary or secondary. Usually, primary pollutants are directly emitted from a process, such as ash from a volcanic eruption, the carbon monoxide gas from a motor vehicle exhaust or sulfur dioxide released from factories. Secondary pollutants are not emitted directly. They form in the air when primary pollutants react or interact. Example of a secondary pollutant is ground level ozone, one of the many secondary pollutants that make up photochemical smog. Some pollutants may be both primary and secondary that is, they are both emitted directly and formed from other primary pollutants. (Pollution Greenhouse gas) Air
Sunday, August 4, 2019
George Eliots Silas Marner Essay -- George Eliot Silas Marner essays
George Eliot's ââ¬ËSilas Marnerââ¬â¢ The novel, ââ¬ËSilas Marner,ââ¬â¢ is considered to be a moral fable. The author, George Eliot placed parental responsibility as one of the bookââ¬â¢s main themes. She writes of two different parenting styles, along with the happiness and responsibilities that come with this through two characters, Silas Marner and Godfrey Cass. At the beginning of the narrative the character, Silas Marner, is a completely different person from the one he was later to become. The book starts by explaining how Silas Marner left his original home- ââ¬ËMarner had departed from the town,ââ¬â¢ because of a false accusation that his best friend had made about him. The church deacon was extremely ill, and whilst looking after him Silas was accused of stealing the churchââ¬â¢s money. The religious sect that he belonged to, a strict Calvinistic sect, drew lots to decide whether Silas was innocent or guilty. ââ¬ËThe lots declared that Silas Marner was guilty.ââ¬â¢ The lots where superstitious and one of the supertitions was that they believed that their results where Godââ¬â¢s will. Marner is over come by a sense of betrayal, as it was his best friend who has committed such a cruel, untrustworthy deed, Marner looses all his faith in God. Marner leaves ââ¬ËLantern Yardââ¬â¢ and moves to a small place named, ââ¬ËRaveloe.ââ¬â¢ This new place is a completely new environment for Marner; it was as if he had travelled abroad in comparison to our day and age, we can tell this because in the text it states, ââ¬Ë he left his own country and people and came to settle in Ravaloe.ââ¬â¢ Sadly Marner looses all his trust in people, he moves into a cottage in the forest, isolating himself from human contact. He works his loom producing linen, when he sells this li... ...that where to special to be destroyed by finance and inanamte objects. This shows that Godfrey was too selfish and self centered to realize what a strong relationship Silas and Eppie had. ââ¬Ë it had never occurred to him that Silas would rather part his with life then with Eppie.ââ¬â¢ Godfrey finally suffers for all his years worth of mistakes, realizing that he cannot separate them, they have the same bond as all GOOD fathers have with their children, with deep compassion. The novel shows the need to love and feel compassion, with out it life appears to have no meaning. What we understand by the term ââ¬ËParental Duty,ââ¬â¢ is to support a child, not just financially but emotionally and to bring up the child in a kind and understanding manner, making sure that the child has respect for other people also, growing up to be a considerate and gracious person.
Saturday, August 3, 2019
The Holocaust :: Nazi Germany History Adolph Hitler Essays
The Holocaust The Holocaust 1) Newsletter of the Blond Champion This was a newsletter written by a very anti-Semitic writer named Lanz. The newsletters were actually a series of pamphlets written over the course of three years. Hitler frequently bought the pamphlets, which described history as a constant battle between blond Aryan heroes, and dark, hairy ape-men. Lanz sometimes identified the ape-men as Jews, and he predicted that pogroms would soon come. He promoted the swastika as a sign of racial purity, and eventually raised a swastika flag over his castle. He may have been the main person who set an impression in Hitlerââ¬â¢s mind that Jews are inferior, and a threat to society. Due to reading Lanzââ¬â¢s outlook on the Jews, Hitler concluded that diseased, filthy Jews would steal and abuse innocent young Aryan girls. 2) Protocols of the Elders of Zion This was a book brought to Germany and to Hitler by a Russian à ©migrà © named Alfred Rosenberg. It claimed to unveil the plans of a secret international Jewish conspiracy to take over the world. It was a pure piece of fiction, that was the new backbone for anti-Semites. Many anti-Semitic people commented on the Protocols. It was first brought to Germany in 1920, and by the end of 1920, there were already 120,000 copies sold! 3) Mein Kampf This is a book written by Adolf Hitler while he was in prison during 1923-24. In it, he portrays himself, at age 35, as a great intellectual and political figure. His single purpose was to write about his personal greatnesses, and about his plans to take over Germany so he can get rid of the Jews. He takes much credit in Mein Kampf, he doesnââ¬â¢t mention the fact that his parents, Lanz, and others influenced him a lot. He describes all of his ideas about the ââ¬Å"Final Solutionâ⬠to get rid of all the Jews in Germany, and then on to all the Jews in the World. He also talks about the perfect race of Aryans, blond, blue eyed, broad shouldered Germans, and about promoting the spread of anti-Semites all over the world. 4) Bolshevism This was a policy held by Bolsheviks, a party that brought violent revolution to Russia in 1918. Hitler saw that there were many Jews involved in Bolshevism, so he used that to prove his point that Jews were out to rule the world. 5) Nazism- Nazi This was a political party also known as the Nationalist Socialist German Workerââ¬â¢s party. It consisted of perfect German Aryans who had one goal in life- to wipe out all existence of Jews. Their anti-Semitic influential leader was Hitler. 6) Fichte Johann Gottlieb Fichte
The Development of Object Permanence Essay -- Piaget Psychology Psycho
The Development of Object Permanence I never realized when I played Peek-A-Boo with different infants in my family, that I was teaching them one of the most valuable lessons in their life. I just thought it was a game that infants liked to play and it made them laugh. I didnââ¬â¢t know that this was so funny to them because they were fascinated with the fact that for one moment I wasnââ¬â¢t there and a moment later I popped back up. Little did I know I was teaching them one of their most important accomplishments. à à à à à Adults and older children never give a second thought to the fact that when something disappears out of sight that it still exists. It never crosses our minds to think about when exactly did the ability to ââ¬Å"just knowâ⬠develop. If something ceases to exist that was once right in someoneââ¬â¢s hand right before our eyes we think we must be at a magic show. However, people donââ¬â¢t know that when they were an infant they had to develop the knowledge that when you donââ¬â¢t see something it still exists on earth. Technically, infants must be looking at a magic show everyday for months.à à à à à à à à à à Piaget coined the term object permanence in 1954 to describe the understanding that objects continue to exist, even when they cannot be directly seen, heard or touched. While conducting an experiment on his son as Piaget often did he found that his son did not reach for a toy that he had hidden with a cover. Piaget took that to mean that his son must not know that they toy exists anymore. When Piaget started these experiments to test this phenomenon light bulbs lit up in the heads of developmental psychologists around the world as they probably said to themselves,â⬠I never thought about that beforeâ⬠. Since the emergence of the idea of object permanence many psychologists have conducted experiments to either prove or disprove Piagetââ¬â¢s theory. Experiments to test the development of this phenomenon have been conducted for decades and continue to be a topic that many developmental psychologists study.à à à à à à à à à à In his book written in 1954 Piaget stated that ââ¬Å"for young infants objects are not permanent entities that exist continuously in time but instead are transient entities that cease to exist when they are no longer visible and begin to exist anew when they come back into view.â⬠He proposed the notion that infants do not begin to understand the object of object p... ...d they continue to hear it for years to come. However, that still doesnââ¬â¢t explain to me why infants find the game of Peek-A-Boo so amusing. After all this research Iââ¬â¢m starting to think that they laugh and say to themselves inside their heads, ââ¬Å"look a this fool, she thinks I donââ¬â¢t know sheââ¬â¢s there when she covers her face. What a joke she is.â⬠References Baillargeon, R. (1994). How do infants learn about the physical world? Current Directions in Psychological Science, 3, 133-140. Baillergeon, R., Spelke, E., & Wasserman, S. (Aug, 1985). Object permanence in five-month-old infants. Cognition, 20(3), 191-208. Baillargeon, R., & DeVos, J. (1991). Object permanence in 3.5 and 4.5-month-old infants: further evidence. Child Development, 62, 1227-1246. Baillargeon, R., & Graber, M. (1987). Whereââ¬â¢s the rabbit? 5.5 month-old infantsââ¬â¢ representation of the height of a hidden object. Cognitive Development, 2, 375-392. Jonsson, B., & von Hofsten, C. (2003). Infantsââ¬â¢ ability to track and reach for temporary occluded objects. Developmental Science, 6(1), 86-99. Siegler, R., & Alibali, M. (2005). Childrenââ¬â¢s Thinking Fourth Edition. Prentice Hall Inc. Upper Saddle River NJ.
Friday, August 2, 2019
What Motor Is More Reliable?
The survey found that the Japanese brands Yamaha,Honda are more reliable brands. But to me Honda is more reliable to me because its cheaper to fix if it breaks and Yamaha has more hp and tuqort and is faster. Honda is just a all around good atv, dirt bikes because you have your 400ex and you crf250f. Yamaha is good for speed and racing atvs, and dirt bikes like your 400 bashanee and your yz450f.Honda is made in the US so everything is cheaper for parts and take less time to get to your destination. The next year, Honda marketed the handling-friendly ATC200X to beginners. honda's first introduced the KLT200 ââ¬â a three-wheeled atv ââ¬â into the market in 1981. The company's first four-wheeler in 1985 and was called the Bayou 185. The Bayou 300 4Ãâ"4, honda first atv 4-wheel drive atv.Yamaha is made in japan and the parts cost so much because they have to ship cost The YZ250X is optimized for the unique demands of Hare Scrambles and GNCCà ® racing. The YPVSâ⠢-equipped 249cc two-stroke engine is combined with a wide-ratio five-speed transmission for the ultimate cross-country power plant.Yamaha .com TOKYO, Japan, October 5, 2016 ââ¬â Honda Motor Co., Ltd. and Yamaha Motor Co., Ltd. today announced that the two companies have begun discussions toward a possible business alliance in the Japanese market in the ââ¬Å"Class-1 category*â⬠which include scooters with a 50 cc engine or emy community does atv poker runs at least once a year to raise money for charity, i've seen almost every brand of atv and i will address them all, for the record out biggest ride was about 300 bikes Honda: their not the most powerful or fastest but their quality is by far the best, i've seen one break down Polaris: laughing stock, i don't even know why people buy them, they do have power, but in a few years you will rebuild the whole bike Yamaha: a close second, they have very few problems, but its probably because most people don't keep them stock and try to modify them to much Kawasaki: i don't see many of them, but what i do see are impressive, a tie for second Can-am: i've only seen a few and they may beat honda on quality , but the price for a decent bike is ridiculous, their to pricey, but seeing less than a dozen, i can't saylectric motor. Debate honda is the best .com . Some people like other atv brands that's their opinion.
Thursday, August 1, 2019
Performance and Breach of Sales Contract
Running head: Performance and Breach of Sales Contract Performance and Breach of Sales Contract Quynh Nguyen Upper Iowa University BA 302: Business Law Instructor: Paul Croushore Jun 3, 2009 Sales Contract: A sale occurs when there is an exchange of goods or other property from the seller to the buyer for money. In order to create in each party a duty to do or not to do something and a right to performance of the otherââ¬â¢s duty or a remedy for the breach of the otherââ¬â¢s duty, we need to set up a contract. Obligations of the parties:The obligations of the parties, as assigned in the terms of the contract, are governed by the general law of contracts. The obligation of the seller is to furnish the goods, as agreed upon, the buyer to pay therefore. Thus, when the seller offers to turn the goods over to the buyer and when the buyer offers to pay for them, tender of performance occurs. The seller must make tender of delivery and the buyer must make tender of payment. ?Tender of delivery by Seller: To be in a position to bring suit on a sales contract, the seller of goods must make tender of delivery, that is, offer to turn the goods over to the buyer.Failure to make this offer is an excuse for buyers not to perform their part of the bargain. The seller must put and hold the goods at the buyerââ¬â¢s disposition and notify the buyer that the goods are being tendered during reasonable hours and for a reasonable period of time. In a shipment contract, the seller must put the goods in the possession of a carrier and contract with that carrier for their transportation. Any necessary documents must be sent to the buyer, who must be promptly notified of the shipment.If the seller does not make a reasonable contract for delivery or notify the buyer and a material delay or loss results, the buyer has the right to reject the shipment. Suppose the goods are perishable, such as fresh produce, and the seller does not ship them in a refrigerated truck or railroad car . If the produce deteriorates in transit, the buyer can reject the produce on the ground that the seller did not make a reasonable contract for shipping it. Sometimes the goods are in the possession of a warehouse and are to be turned over to the buyer without being moved.When this situation occurs, tender requires that the seller either tender a document of title covering the goods or obtain an acknowledgement by the warehouse of the buyerââ¬â¢s right to their possession. The risk of loss as to the goods remains with the seller until the warehouse agrees to hold them for the buyer. ?Tender of payment by Buyer: Tender of payment by buyer means offering to turn the money over to the seller. Normally, the buyer has the right to inspect the goods before accepting or paying for them. However, when a contract requires payment before inspection, as when the goods are shipped c. . d. (cash on delivery), the buyer must pay for them first, even if they turn out to be defective when they a re inspected. Of course, if the defect is obvious, the buyer would not have to accept or to pay for the goods. Payment by the buyer before inspecting the goods does not constitute an acceptance of them. Unless the seller demands cash, the buyer may pay for the goods by personal check or by any other method used in the ordinary course of business. If the seller demands cash, the seller must give the buyer a reasonable amount of time to obtain it.Payment by check is conditional on the checkââ¬â¢s being honored by the bank when it is presented for payment. If the check clears, the debt is discharged. If the check is dishonored, the debt is revived. In that case, the buyer does not have the right to retain the goods and must give them back to the seller. Buyerââ¬â¢s rights and duties upon delivery of improper goods: Except when a contract requires payment before inspection, as when the goods are shipped c. o. d. as mentioned above, the buyer has the right to inspect the goods befo re accepting them or paying for them.When defective goods or goods not of the kind specified in the contract are delivered, the buyer may elect to reject them all, accept them all, or accept any commercial unit or units and reject the rest. ?Acceptance: Acceptance of goods occurs when a buyer, after having a reasonable opportunity to inspect them, either indicates that he will take them or fails to reject them. When the buyer accept goods and later discovers something wrong with them, the buyer must notify the seller within the reasonable time after the discovery. The failure to give proper notice will prevent the buyer from having recourse against the seller.The buyer is obligated to goods that are accepted. If the buyer accept all the goods sold, she is, of course, responsible for the full purchase price. If the buyer accepts only part of the goods, she must pay for that part at the contract rate. ?Rejection: A rejection occurs when a buyer refuses to accept delivery of goods tend ered. A rejection must be done within a reasonable time after delivery or tender to the buyer. In addition, the buyer must notify the seller of the particular defect in the goods so as to give the seller an opportunity to correct the defect.If the seller gives no instructions within a reasonable time after being notified of the rejection, the buyer may store the goods for the seller, reship them to the seller, or resell them for the seller. In all case, the buyer is entitled to be reimbursed for expenses. ?Revocation of acceptance: If a buyer has accepted the goods on the assumption that their nonconformity would be corrected by the seller and the seller does not do so, the buyer may revoke the acceptance. This revocation must be made within a reasonable time after the buyer discovers the nonconformity.A revocation of an acceptance is not effective until the buyer notifies the seller of it. Buyers who revoke an acceptance have the same rights and duties with regards to the goods inv olved as if they had rejected them. Sellerââ¬â¢s right to cure improper tender: If the seller has some reason to believe that the buyer would accept non conforming goods, then the seller can take a reasonable time to reship the conforming goods. The seller has this opportunity even if the original time for delivery has expired. In all cases, sellers must notify buyers that they are going to cure the improper tender or delivery.The seller does not have the right to cure improper tender when a buyer accepts nonconforming goods, even though the buyer may later sue the seller for breach of contract. The seller has the right only when the buyer either rejects the goods tendered or revokes an acceptance of the goods. Breach of Contract: Breach of contract occurs when one of the parties fails to do what was agreed upon in the contract. An anticipatory breach must be made by an act which indicates the party will not complete the work. When breaches happen, the ther party to the contract has specific remedies available under the UCC. ?Sellerââ¬â¢s remedies: The buyer may breach the contract in a number of ways. The most common are: by wrongfully refusing to accept goods, by wrongfully returning goods, by failing to pay for goods when payment is due, and by indicating an unwillingness to go ahead with the contract. When a buyer breaches a sales contract, the seller may select from a number of remedies: ? Cancellation and withholding of delivery: If the goods have not been delivered. The seller has the right to keep them upon learning of the buyerââ¬â¢s breach.If the seller is in the process of manufacturing the goods, she has two choices. She may complete manufacture of the goods, or she may stop manufacturing and sell the uncompleted goods for their scrap or salvage value. In choose between these alternatives, the seller should select the alternative that will minimize the loss. ?Stop delivery of the goods: if after shipping the goods, the seller discover that the buyer is insolvent (unable to pay debts), the seller may have the delivery stop by before the goods reach their destination.However, if the insolvency information is incorrect, both the seller and the carrier could be sued for damages suffered by the carrier for not completing the shipment. ?Resell the goods: the seller may resell the goods or the undelivered balance of them. After the sale, the injured party may sue the other for the difference between what the property brought on resale and the price the buyer had agreed to pay in the contract. A purchaser who buys in good faith at a resale takes the goods free of any rights of the original buyer. Recover damages: the seller may retain the merchandise and sue the buyer for either the difference between the contract price and the market price at the time the buyer breached the agreement or the profit that the seller would have made had the contract been performed. ?Buyerââ¬â¢s remedies: A seller may breach a contract in a n umber of ways: failing to make an agreed delivery, delivery goods that do not conform to the contract, and indicating that he does not intend to fulfill the obligations under the contract. The buyer then may select from a number of remedies: ?Cover the sale: If the seller fails or refuse to deliver the goods called for in the contract, the buyer can similar goods from someone else. Then he can recover as damages from the seller the difference between the contract price and the cost of the substitute goods. ?Keep goods and seek adjustment: when improper goods are delivered, the buyer may keep them and ask the seller for an adjustment. If no adjustment is made, the buyer may sue the seller for either breach of contract or breach of warranty, which ever applies. Sue for specific performance: when the goods are unique or rare, the buyer may ask the court to order the seller to do what he or she agreed to do under the contract terms. This request is known as an action for specific perfor mance of the contract.Reference Mallor, J. P. , Barnes, A. J. , Bowers, T. , Langvardt, A. W. (2005). Business Law, the ethical, global, and e-commerce environment. New York: Mc Graw Hill Miller, R. L. , Jentz, G. A. (2008). Business Law Today. Thomson west.
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