Friday, December 27, 2019

All About Hogs and Pigs

Hogs and pigs (Suidae), also known as suids, are a group of mammals that includes domestic pigs, babirusas, pigs, warthogs, forest hogs, red river pigs, and bushpigs. There are sixteen species of hogs and pigs alive today. Hogs and pigs are stout, medium-sized mammals that have a stocky torso, an elongated  head,  short legs, and small pointed ears. Their eyes are often small and positioned high on the skull. Hogs and pigs have a distinct snout, the tip of which consists of a round cartilaginous disc (called nasal disc) with their nostrils on the end. The nasal disc is attached to muscles that enable pig to move their nose with precision as they sniff their way along the ground foraging for food. Hogs and pigs have an acute sense of smell and a well-developed sense of hearing. Hogs and pigs have four toes on each foot and are therefore classified among the even-toed hoofed mammals. Hogs and pigs walk on their middle two toes and their outside two toes are placed higher on their leg and do not come into contact with the ground when they walk. Hogs and pigs range in size from the pygmy hog (Porcula salvania)—a critically endangered pig that when full grown measures less than 12 inches tall and weighs less than 25 pounds—to the giant forest hog (Hylochoerus meinertzhageni)—a bulky suid that grows to more than 3.5 feet tall at the shoulder and weighs in at an impressive 350 pounds or more.  Adult female hogs and pigs and juveniles form groups known as sounders. Adult males either remain solitary or form small bachelor groups. Pigs are not usually territorial and exhibit aggression between individuals during the mating season. Hogs and pigs once inhabited a native range that extended across Europe, Asia, and Africa. Humans introduced domesticated pigs, derived from the species Sus scrofa, to areas throughout the world including North America, New Zealand, and New Guinea. Fossil hogs and pigs occur in the Oligocene in Europe and Asia and in the Miocene of Africa. Diet The diet of hogs and pigs varies among the different species. Many  hogs and pigs  are omnivores but some are herbivores. In general, the diet of  hogs and pigs  includes: Plant material such as grass, leaves, and rootsInvertebrates such as insects and wormsSmall vertebrates such as frogs and mice Classification Hogs and pigs are classified within the following taxonomic hierarchy: Animals Chordates Vertebrates Tetrapods Amniotes Mammals Even-toed hoofed mammals Hogs and pigs Hogs and pigs are divided into the following taxonomic groups: Babirusa (Babyrousa) - There are four species of babirusa alive today. Members of this group include the  golden babirusa,  Sulawesi babirusa, Togian babirusa, and  Bola Batu  babirusa. Babirusa  are noted for the long upper canine teeth that, in males, curve back over their face.Warthogs (Phacochoerus) - There are two species of warthogs alive today, the desert warthog and the common warthog. Warthogs inhabit the dry grasslands and scrublands of sub-Saharan Africa.Forest hogs (Hylochoerus) - There is one species of forest hog alive today, the giant forest hog,  Hylochoerus meinertzhageni. The giant forest hog is considered to be the largest wild member of the Suidae. The giant forest hog inhabits woodland habitats in central Africa.Bushpigs and red river hogs (Potamochoerus) - Only two living species belong to this group, the bushpig (Potamochoerus larvatus) and the red river hog (Potamochoerus porcus). Both species inhabit sub-Saharan Africa.Domestic and wild pigs (Sus) - There are six species of pigs alive today. Members of this group include domestic pigs and wild boar (Sus scrofa), Visayan warty pigs (Sus cebifrons), and Philippine warty pigs (Sus philippensis). References Hickman C, Roberts L, Keen S.  Animal Diversity. 6th ed. New York: McGraw Hill; 2012. 479 p.Hickman C, Roberts L, Keen S, Larson A, lAnson H, Eisenhour D.  Integrated Principles of Zoology  14th ed. Boston MA: McGraw-Hill; 2006. 910 p.

Thursday, December 19, 2019

Essay on The Benefits of Uniform Adoption in Public Schools

Ever wonder what it would look like to have all students wearing the same white polo shirt, black pants, and a district sweater walking in the hallway? Nowadays, public school and many districts are discussing the possibilities of enforcing the uniform policy. In most places, many private schools already require students to have their mandatory uniforms; however, there are only a few public schools adopting this mandatory school-uniform polices as one of their enrollment requirements. The reason why not all public schools participated was because people believe that they are violating the freedom of choice when enforcing this mandatory uniform policy; yet problems such as bullying and segregation, emerged in these schools. Some people†¦show more content†¦Apparently, they came to school unprepared. Referring to the article â€Å"What the United Kingdom Can Teach the United States about School Uniforms†, Angela Walmsley accentuates that â€Å" When issues surrounding the dress code are diminished, there is more time for student learning†(Walmsley 66). Young adolescents get distracted easily compared with the mature adults. Fancy goods always attract people by their fantastic look and bring them to the fashion side. Consequently, students would pay more of their attention to the latest fashion instead of their school work. Then the school work will not be done on time because majority of their time is spent on the fashion. Without paying attention and making great efforts, school work can only be abandoned eventually. However, like Walmsley emphasized, when public schools require their students to wear the mandatory uniform, students will not have any struggle about choosing what clothes to wear today and tomorrow. In other words, students will have more time spending on school work. Another point is that the purpose of students going to school is gaining knowledge and preparing for their future. Students learn how to dress formally as a st udent in school. The adoption of this district uniform could help them to prepare the way professionals dressed. The next advantage of public school uniforms can be identified as theShow MoreRelatedOver The Past Years, Most Public School Administrators1385 Words   |  6 PagesOver the past years, most public school administrators have been engaged in the heated debate over whether public school students should put on school uniforms or not. This important argument has drawn the attention of both liberal thinkers and conservatives. From one far end, a section of the society feels that public school students school have the freedom to put on their clothing of choice while the other section feels that there should be uniformity in the public-school attire. Based on such contradictingRead MoreSchool Uniforms Persuasive Essay1470 Words   |  6 PagesThe Benefits of Uniform Adoption in Public Schools Ever wonder what it would look like to have all students wearing the same white polo shirt, black pants, and a district sweater walking in the hallway? Nowadays, public school and many districts are discussing the possibilities of enforcing the uniform policy. In most places, many private schools already require students to have their mandatory uniforms; however, there are only a few public schools adopting this mandatory school-uniformRead MoreShould School Uniforms Be Banned?1667 Words   |  7 Pagestold me when I was little, â€Å"Schools should be schools, not fashion shows.† The debate as to whether there should be uniforms at school only began in the 20th century. In 1994, Long Beach California School District integrated school uniforms for all elementary and middle school students, in order to address safety issues challenging the district. According to the school district data, within one year of the implementation of uniforms, crime rates dropped by 91% , school suspensions dropped by 90%,Read MorePersuasive Essay On School Uniforms1671 Words   |  7 Pages Hari Mainali South University School Uniform â€Æ' Abstract Freedom of dress is violated by restricting on school uniform. A school and university have their own dress code which does not require a particular dress. Some researcher and scholar suggest misbehavior in the student are the result of banning uniform. But misbehavior is what they acquired in their life. Banning uniform, student can exercise their right to express themselves freely. Student will be able to focus on education and saveRead MoreSchool Uniform Policies Within School Systems Essay1474 Words   |  6 Pagesdebate over the implementation of school uniform policies in school systems has been seen widely across the United States The decision of uniforms being implanted in school systems is based off the state or the individual schools policy. The school either can make uniforms mandatory or voluntary. Schools have policies that convey the expectation of acceptable appearance, such as going to school in a properly dressed manner. In 1996 the percent of schools that had uni forms was 3%. As a result of this lowRead MoreDebate on School Uniforms1191 Words   |  5 PagesHowever, most public schools are turning to something more casual and more acceptable to parents and students: khakis or jeans and knit shirts of varying colors. The latter appear to be more affordable too because they can be used outside of school. Many school districts that have implemented school uniforms have provided some sort of financial assistance for families that can not afford the extra expense. 2. Potential Benefits of School Uniforms • Decreasing violence and theft because of clothingRead More Opposing School Uniforms Essay examples1684 Words   |  7 PagesSchool Uniforms In 1993, Will Rogers Middle School in California’s Long Beach County School District began discussing the idea of a school-wide uniform policy. That fall, Will Rogers became the first school in Long Beach County to have a mandatory uniform policy. Other schools in the district soon followed drawing national attention, including a personal visit from then President Clinton. Recent memories of school shootings around the nation caused President Clinton to urge other school districtsRead MoreSchool Uniforms1566 Words   |  7 Pagesfor School Uniforms A safe and structured learning environment is the first requirement of a good school. Children who feel safe and secure will better learn basic American values. In return they will learn the basis of good citizenship and become better students. In response to growing levels of violence in our schools, many parents, teachers, and school officials have been forced to look toward school uniforms as one potentially positive way to reduce discipline problems and increase school safetyRead MoreArgument Against School Uniforms Should Not Be Banned1556 Words   |  7 PagesArgument Against School Uniforms My disagreement against school dress code is that public schools should not make the student go to school uniforms. Students should be able to wear any appropriate clothing they want to wear. School uniforms are not the way to be unsuccessful in education. School uniforms are a waste of time to have in a public school system. Teachers should make the students go home and change into school appropriate clothes. Public schools should give students a chance on what theyRead MoreThe Convergence of Two Accounting Systems and the International Financial Reporting Standards1318 Words   |  5 Pagesreceivable, changes in estimates and extraordinary items, inventory accounts, schools, businesses, retraining of CPA and the list goes on. If IFRS takes place and is fully embedded as our primary standard of accounting, what would be the long-long term effect of convergence? Since, IFRS only applies mostly on publicly held companies. How it affects the accounting principles and standards for non-public held companies? How will public and private companies reconcile their books? Since, IFRS has no clear

Wednesday, December 11, 2019

JITTERS COFFE RESTAURANT Essay Example For Students

JITTERS COFFE RESTAURANT Essay Jitters gourmet coffee has been around since 1972. The founders of the caf originated from Nevada, where the first Jitters was born. People in Las Vegas have been enjoying Jitters coffee for years. The franchise in Tempe wasnt built until the 80s. But the history that is really interesting is the social history of the Jitters at Arizona State University located on University and College Street. Many people waltz in and out of Jitters everyday, you may even be one of these people who on route to class make a quick stop into the sandy brick building. But as you exit the building did you notice the small crack at the base of the wall. Where an upset employee threw a tray of mugs? Most likely not, This is one of the many stories that have been shared with me by employees of Jitters, regular customers of Jitters, and people who have never stepped foot into the caf at all. With a restaurant that has been around as long as Jitters has you are bound to have some good tales to tell. One begins with an innocent looking collegiate sophomore strolling into the caf. As he strutted into the caf with ill intentions he assessed the local talent residing within the edifice. He couldnt help but want to sit next to the only dark haired woman sipping on a java in the corner. The attack was on, recognizing the book she was reading he approached her with a nonchalant question. Are you studying for the math test this week? He knew she was, and her answer as expected was, yes. It was all down hill from here. Playing the innocent schoolboy, he skillfully manipulated past her hesitant demeanor, and convinced her into studying with him that night at the cafe. He met her at Jitters as planned and the night turned into a great study session. Which he planned, as he did not want to seem overly aggressive or desperate. As the night winded down so did her guard, he asked her if she would like something to drink. She was very receptive to his proposal. He chose a nice expresso with a shot of amarettto. He could tell that after studying with her for the whole night she was trusting to his open conversation with her. He asked her about her current dating status, which was single, the attack now sped towards a closing. Acting as if he was concerned with her safety, he asked her if she wanted him to walk her back to her dorm. At first she said, no, playing hard to get, but he rolled with it. And told her he had to walk that way anyway. At least his foot was still in the door. His last chance resided in the goodbye at the dorm room door. As they neared the dorm he constantly reminded her of how smart she was and how she didnt have to worry about this math test being as intelligent as she was. When they reached her dorm and she whispered in his ear Would you like to come up and watch a movie? Steve celebrated silently and replied if thats alright with you of course it was and so he did and to this day Steve and Jessica are still together, and frequent Jitters caf as often as possible. For this happy couple Jitters is a great place to mingle and meet people. But then there is the other side of the spectrum. Where Jitters serves as a job. One employee, Chrissy, has a completely different perspective. She sees another side of Jitters. .ude8bd284166f00a292627f97ba2483e5 , .ude8bd284166f00a292627f97ba2483e5 .postImageUrl , .ude8bd284166f00a292627f97ba2483e5 .centered-text-area { min-height: 80px; position: relative; } .ude8bd284166f00a292627f97ba2483e5 , .ude8bd284166f00a292627f97ba2483e5:hover , .ude8bd284166f00a292627f97ba2483e5:visited , .ude8bd284166f00a292627f97ba2483e5:active { border:0!important; } .ude8bd284166f00a292627f97ba2483e5 .clearfix:after { content: ""; display: table; clear: both; } .ude8bd284166f00a292627f97ba2483e5 { display: block; transition: background-color 250ms; webkit-transition: background-color 250ms; width: 100%; opacity: 1; transition: opacity 250ms; webkit-transition: opacity 250ms; background-color: #95A5A6; } .ude8bd284166f00a292627f97ba2483e5:active , .ude8bd284166f00a292627f97ba2483e5:hover { opacity: 1; transition: opacity 250ms; webkit-transition: opacity 250ms; background-color: #2C3E50; } .ude8bd284166f00a292627f97ba2483e5 .centered-text-area { width: 100%; position: relative ; } .ude8bd284166f00a292627f97ba2483e5 .ctaText { border-bottom: 0 solid #fff; color: #2980B9; font-size: 16px; font-weight: bold; margin: 0; padding: 0; text-decoration: underline; } .ude8bd284166f00a292627f97ba2483e5 .postTitle { color: #FFFFFF; font-size: 16px; font-weight: 600; margin: 0; padding: 0; width: 100%; } .ude8bd284166f00a292627f97ba2483e5 .ctaButton { background-color: #7F8C8D!important; color: #2980B9; border: none; border-radius: 3px; box-shadow: none; font-size: 14px; font-weight: bold; line-height: 26px; moz-border-radius: 3px; text-align: center; text-decoration: none; text-shadow: none; width: 80px; min-height: 80px; background: url(https://artscolumbia.org/wp-content/plugins/intelly-related-posts/assets/images/simple-arrow.png)no-repeat; position: absolute; right: 0; top: 0; } .ude8bd284166f00a292627f97ba2483e5:hover .ctaButton { background-color: #34495E!important; } .ude8bd284166f00a292627f97ba2483e5 .centered-text { display: table; height: 80px; padding-left : 18px; top: 0; } .ude8bd284166f00a292627f97ba2483e5 .ude8bd284166f00a292627f97ba2483e5-content { display: table-cell; margin: 0; padding: 0; padding-right: 108px; position: relative; vertical-align: middle; width: 100%; } .ude8bd284166f00a292627f97ba2483e5:after { content: ""; display: block; clear: both; } READ: Essay on Facebook And Its Effects On Facebook Essay She has been in the caf daily for the past 2 years now, and has seen a lot occur. Chrissys feet sway around the caf with the greatest of ease, which seems ironic when you follow her long skinny legs up to her head where her short spiky hair gives you an evil look. Nonetheless, she refills your glass of coffee with a smile and returns behind the counter to the lookout, as she likes to call it. Ive seen some weird things happen here man let me tell you exclaims Chrissy. One night we .

Tuesday, December 3, 2019

Past Consideration free essay sample

Consideration is also known as element of exchange. To be a contract, the transaction must be supported by consideration. According to general rule, s. 26 of CA state that an agreement made without consideration is void. We can define consideration as the price paid for benefit received or is an exchange of promises. It means that something with monetary value, voluntarily exchanged for an act, benefit, forbearance, interest, promise, right, or goods or services. For example, the promisee has to give something in return for the promise of the promisor in order to convert a bare promise made in his favour into a binding contract. According to Lord Dunedin in Dunlop v Selfridge (1915), consideration is â€Å"an act or forbearance of one party, or the promise thereof, is the price for which the promise of the other is bought, and the promise thus given for value is enforceable†. Thus, consideration may be viewed as a sort of bargain, or price which one party pays to buy the promise or act of the other. We will write a custom essay sample on Past Consideration or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page When the promisor promises to do or to abstain from doing something, the promisee must pay a price for it. There are three types of consideration and one of the considerations is the past consideration. 1.2 Past Consideration Pass consideration is one type of the consideration. If one part voluntarily performs an act before the promise was made or the other party then makes a promise, the consideration for the promise is said to be in the past. For example, A finds and returns B’s digital camera and in gratitude, B promises to reward him with RM 200. B had made a promise here in return for A prior act which is return his digital camera. The return of the camera was an act in the past done independently of B’s promise and will be pass consideration. 2.0 Content 2.1 Past Consideration under Common Law There are two different views toward this past consideration. Under Common Law of England the general rule, the view of past consideration is that it  is not a good consideration and is not recognized by English Law. It is insufficient to support a contract. The past consideration is valid if something is done in the business context and it was understood that both parties that it would be paid off. We can refer to the examples cases of 2.1 (a) Re McArdle (1951) and 2.1 (b) Roscorla V Thomas (1842). 2.1 (a) Re McArdle (1951) After the death of the mother, five children inherited the house. Some home improvements had been paid by one of the daughters in law. Later, the other four of the children signed a document that they promised to pay her the money for the work done, in consideration of carrying out improvements to the property. However, the others then refused to pay to her and the Court of Appeal held that the promise was unenforceable because all the work that had done before the promise made was just a past consideration. 2.1 (b) Roscorla V Thomas (1842) Roscorla purchased a horse from Thomas. After Roscorla had purchased the horse, Thomas then promised that the horse was in a good condition and it is not vicious. However, Roscorla then just realized the horse was actually vicious. At last, the decision is that the promise of Thomas was not binding because the promise was made after the sale had been completed and the buyer had given nothing in return for it. It was a past consideration, so the buyer could not rely on the prior sale to support the new promise. This is the two cases which can support that the past consideration is not a good consideration in the English Law. 2.1.1 Exceptions However, not all the past consideration is not a good consideration under the English Law, but still, there are also exceptions that past consideration is a good consideration under English Law the general rule. The circumstances of the exceptions is that at the promisor’s request to provide goods and services previously, then promise made after the provision of goods will be binding. We can refer to the case 2.1.1 (a) Lampleigh v Braithwait (1615). There is also another cases we can refer to it which are 2.1.1 (b) Pao On v Lau Yiu Long (1979). 2.1.1 (a) Lampleigh v Braithwait (1615) Braithwait killed someone and asked Lampleigh to obtain for him a royal pardon. Lampleigh did so and in exchange, Braithwait promised to pay him  £100 for his efforts. Braithwait never paid to Lampleigh and so broke this promise and Lampleigh sued him. The court held that Lampleigh succeeded in this action because it appears to be unspoken understanding that the service would be paid for and so was not past. 2.1.1 (b) Pao On v Lau Yiu Long (1979) Pao On agreed to sell shares to Fu Chip which was controlled by Long, in consideration for certain shares. To protect the share value, Pao On and Fu Chip agreed that Pao On would retain 60% of the acquired shares until April 1974. However, in April 1973, Pao On refused to proceed with the contract unless Long agreed to indemnify him against the value of the retained shares falling below a set level. Long agreed, but only to ensure public confidence in company. The sale proceeded an Pao On sought to enforce the indemnity. This cases was held that there was consideration. This case had present all three element which are the act done was done at the promisor’s request, the parties understood that the act would be remunerated in some way, and it would be legally enforceable if the promise had been given in advance of the act. 2.2 Past Consideration under Malaysian Contract Act On the view from Malaysian Law which is the Malaysian Contract Act, past consideration is a good consideration and is valid consideration. It is something which wholly performed before the promise was made. According to s. 2 (d) of CA, 1950, the words â€Å"has done or abstained from doing† had implied that an act prior to the promise is sufficient to constitute consideration even though it is clearly past provided it is done at the desire of the promisor. This is illustrated in the case of 2.2 (a) Kepong Prospecting Ltd Ors v Schmidt (1968). 2.2 (a) Kepong Prospecting Ltd Ors v Schmidt (1968) Schmidt is a consultant engineer who has assisted another in obtaining a  prospecting permit for mining iron ore in state of Johore. He helped in the subsequent formation of Kepong Prospecting Ltd and was appointed as its Managing Director. After the company was formed, they entered into an agreement whereby the company undertook to pay 1% of the value of all ore sold from the mining land. This was being in consideration of the services rendered by the consulting engineer for and on behalf of the company prior to its formation, after incorporation and for future services. Thus, were the services rendered after the incorporation but before the agreement were sufficient consideration? The court held that is was clearly past consideration and it did constitute a valid consideration so that Schmidt was entitled to his claim on the amount. The services prior to the company’s information could not amount to consideration as they could not be rendered to a non-existent company, nor could the company bind itself to pay for services claimed to have been rendered before its incorporation. 2.2.1 An Agreement to Compensate for Something Voluntarily Done Based on s. 26 (b) of CA, 1950 there are two limbs to this exception. First, it is promise to compensate either wholly or in part the other person (promise). Another is the promisee has voluntarily done something for the promisor. Thus, the prior is that no matter the act has been performed by the promisee, the agreement must have been performed voluntarily. 2.2.2 An Agreement to Compensate Something which Promisor was Legally Compellable to Do According to s.26 (b) of CA 1950, the necessary ingredients are that the promisee has voluntarily done an act. Beside, the act is one which the promisor was legally compellable to do. It is also an agreement to compensate, wholly or in part the promise for the act. 2.2.3 A Promise to Pay a Statute-Barred Debt s. 26 (c) of CA 1950 states that a statute barred debt refers to a debt, which are not recoverable through legal action due to a lapse of time fixed by the law. The time limit is 6years from the time of cause if action arises. It was under the Limitation Act 1953. s. 26 (c) of CA 1950 creates an exception to this rule but subject to several conditions: 1. The debtor made a fresh promise to pay the statute barred debt 2. The promise is in writing and signed by the person to be charged or his authorized agent in his or her behalf 3.0 Conclusion In conclusion, we can know that there is difference between the past consideration under Common Law of England and Malaysian Contracts Act, 1950. Although there is different view of past consideration from two different laws, but there are still exceptions for both law. To decide whether the past consideration is a good or bad consideration, the most important still is to depend on the cases. Past consideration is sometime good to prevent fraud. 1.0 Issues There are two issues in this case. The first issue in this case is whether Lorraine has the right to cancel or repudiate the contract. Another issue is that whether Lorraine can claim or ask for the damages from the company. 2.0 Sources of Law In order to know whether the repudiation of contract and claiming damages from company can be succeed, we need to understand the legal principles or the legal position of Lorraine now. This is essential because the decision is held using these legal principles. 2.1 Terms of Contract There is no provision in the Contract Act 1950 dealing explicitly with the term of a contract. It does not have provision to clarify whether all the terms of contract must be express or whether they can be implied into a contract. Thus, the courts in Malaysia have adopted common law rules on these matters. The terms of a contract are its contents. The contents of a contract are known as terms or clauses. Generally, an agreement will consist of various terms and the rights and obligations of parties to a contract are determined by the terms of that contract. These terms of contract can be express or implied. 2.1.1 Implied Terms Implied terms are those terms which have not been discussed or mentioned by either party will nonetheless be included in the contract. The contract doesn’t make commercial sense without that term. However, the court will imply into the contract when they appears to be consistent with the intention of the parties. 2.1.2 Express Terms Express terms are those terms that have been specifically mentioned and agreed by both parties at the time the contract is made. For examples, concern price, quantity, quality, size, colour or delivery date. They can either agree wholly by oral or writing or may be found in a combination of them. 2.1.2.1 Conditions Terms and Warranties Terms Express terms and Implied Terms had been divided into two categories which are Conditions and Warranties. It does not draw any distinction between the two for the CA 1950, but still the Malaysian courts have drawn the distinction between them by following the common law. 2.1.2.1.1 Conditions Terms A condition is the major term which is indeed essential to the main purpose of the contract. If the promisor broke or breach of condition in any respect, it will entitle the injured party to repudiate the contract and claim damages. However slight it is, it gave the other party a right to be quit of his future obligations and to sue for damages. The injured party may also choose to go on with the contract, despite the breach, and recover damages instead. The example cases that we had are 2.1.2.1.1 (a) Poussard v Spiers (1876). 2.1.2.1.1 (a) Poussard v Spiers (1876) Madame Poussard was engaged to appear in an operetta which was to be produced at Spiers theatre and entered into a contract for three months. Unfortunately, the plaintiff fell ill and missed the opening night and three performances. The producers were forced to engage a substitute. A week later Poussard recovered and offered to take her place, but the defendants refused to take her back for the remaining performance and she sued him. The court held that Poussard was in breach of condition and Spiers were entitled to repudiate the contract. She missed the most important performance on the opening night. The obligation to perform from the first night was a condition of the contract. Thus, Spiers entitled to repudiate Poussard’s contract. 2.1.2.1.1.1 Rescission The contract is revoked and parties are returned to their original positions as if there was no contract between them. It revert the contract to the day it had not been signed as if the contract had not been made. Alternatively, the party suffering from a breach of condition may treat it as a breach of warranty and claim damages only. We can refer to the example cases 2.1.2.1.1.1 (a) Tham Cheow Toh v Associated Metal Smelters (1972). 2.1.2.1.1.1 (a) Tham Cheow Toh v Associated Metal Smelters (1972) The appellant agreed to sell a metal melting furnace to the respondents and undertook that the melting furnace shall have a temperature of higher than 2,600 °F. However, the specification was not satisfied which was not higher than the desire temperature, the respondents brought an action alleging breach of condition of the contract. The court held that the appellant’s failure to supply a furnace according to the specifications was a breach of condition of the contract. Thus, the respondent has the right to cancel the contract and also claim damages if any, or to treat it as a breach of warranty and claim damages only. 2.1.2.1.2 Warranties Terms Compare conditions, warranties is less essential than it. It does not go to the root of the contract and is collateral to the main purpose of the contract. If there is breach of warranty, the injured party not entitled to cancel the contract, but only have the right to claim for damages. 2.1.2.1.2 (a) Bettini v Gye (1876) Bettini, an opera singer was engaged by Gye to sing in a series of concerts. He also undertook to be in London at least six days to attend the rehearsal sessions. At last, due to temporary illness, he arrived three days late. He gave no advance notice and Gye therefore cancel the contract. It was held that the failure to attend the rehearsals by the plaintiff could only affect a small part of this period. It was not a very important term of the contract and is not conditions. The defendant could claim compensation for a breach of warranty but he could not terminate contract with Bettini. 3.0 The Law to the Fact Situation Refer to the cases, the oven that Lorraine bought did not reach the requisite  temperature that she wants, which means does not satisfied her specifications. Before Lorraine purchasing the oven, she had already made know expressly to Warren that the oven should reach temperature at least 2,000 ºF. When Lorraine told Warren expressly, this action of Lorraine had proven that although there is not written in contract, but there is an oral form of agreement between them. (Ref 2.1.2). Besides, for an oven, the temperature is important and is the conditions for it. When Lorraine told Warren that the temperature should at least 2,000 ºF, the condition terms is appear here. (Ref 2.1.2.1.1). The temperature of an oven can’t amount as warranty term (Ref 2.1.2.1.2) because as mentioned just now, the temperature to an oven is essential, so that is the condition, not a warranty term. 4.0 Conclusion