Gold Rush Effects on Gender Essay Example for Free

Gold Rush Effects on Gender Essay l These are the famous last words of men who had ventured into California to partake in the Gold Rush, only to realize a yearning to see their family. Many men underwent the hardships and the sacrifices in order to strike rich in this gamble, many men succeeded while many more failed. Often forgotten are the families that remained back home while the husband, father, or brother went west to strike gold. The families that endured sacrificed Just as much and ached for their safe return home. Commandments were created in order eassure both the miner and his wife while he undertook the expedition west. These commandments laid down a set of rules that should be followed in order to live a functioning and overall moral life while separated and in unknown environments. The Miners Ten Commandments focuses heavily on how miners should treat each other, how duties should be performed, and how to deal with the anxiety of being separated from ones family. However, The Wifes Commandments focuses primarily on how the husband should act and lists a strict set of rules he should follow in order to remain in good standing with the wife. It is extremely interesting to see how the commandments compare depending on the gender. The Wifes Commandments was first published on March 27th, 1849, in the Cleveland Plain Dealer, a newspaper. The article is filled with rules that strictly dictate the miners life. Some of them are so strict that they seem silly by demanding a grown man to abide by them. The twelfth commandment is Thou shalt not stay out later than nine oclock at night. 2 The author or authors of this work are almost being satirical by listing bed times for these men. The intended audience of this work is lmost certainly women back in the east who have husbands who were contemplating Journeying west in search of gold. The article is also worded very plain and is straight to the point. These commandments would be very reassuring, giving comfort that their husband would remain well and faithful. The Miners Ten Commandments is structured differently; having the focus of the piece on how to conduct work and not listing demands for the wife back at home. James M. Hutchings published The Miners Ten Commandments in 1853 in the Placerville Herald newspaper. Hutchings was actually born in England but moved to United States in 1848. He partook in the Gold Rush of 1849 and succeeded, becoming a wealthy miner. His commandments were so popular that he was able to publish his own magazine, Hutchings California Magazine, with the profits. However, Hutchings commandments that paint a picture of the gold rush and the community created as very principled, goal focused, and problem free. Hutchings was a chief promoter at Yosemite National Park so his work could be bias, trying to persuade travelers to go to California in order to partake in the gold rush. Nevertheless, his commandments erve to keep the work being performed by the miners fair and honest and to act as a guide for new miners. The wording of his article is very formal and reminds the reader of the Ten Holy Commandments, perhaps as a way to paint a picture of a Calitornia tree ot sin. It also addresses their tamilies and now to comtort themselves when they miss home. If we can ignore the apparent biases of the times and take the reading for what is presented, we see a very peculiar way both set of commandments are created. The Miners Ten Commandments is heavily focused on the actual daily life associated ith mining, such as preparing rations for the week and possible conflicts among miners. 3 While The Wifes Commandments is almost entirely focused on the husbands actions in California related to cheating, gambling, and drinking. There is no mention of how the wife should conduct her life, a direct opposite to the Miners Commandments. It is obvious that there were different standards for men and women at the time of the Gold Rush. By comparing specific commandments, we can see the different intentions that were perceived by each group. In The Wifes Commandments, it states hat Though shalt not take into thy house and beautiful brazen image of a servant girl, to bow down to her, to serve her, for I am a Jealous wife. 5 This entry shows that the wife is extremely concerned about her husband being unfaithful during their time separated. This is understandable for the time; the temptation of prostitutes and brothels in the mining towns were a reality. However, when reading The Miners Ten Commandments it is apparent that the author did not feel the necessity to include a commandment on avoiding lustful temptations. The commandment that onfronts staying faithful is more optimistic than presented in The Wifes Commandments. But thou shalt consider how faithfully and patiently she awaiteth thy return; yea and covereth each epistle that thou sendest with kisses of kindly welcome-until she hath thyself. 6 This entry reveals that the miner did consciously think about the sanctity of their marriage, did it addresses the problem not by listing rules, but by showing morality. The towns and camps that the miners lived in during the Gold Rush were questionable at best. Many men did not have permanent shelters and slept in tents, ome skilled craftsman such as the French were able to construct cozy little cabins to reside in, but t he majority of the housing was not as quant. None of the men had real skills with cooking, growing a garden, or mending clothing. They could hunt, but that was not sustainable. The Miners Ten Commandments acted as a guide for which men could turn to when in need. Six days thou mayst dig or pick; but the other day is Sunday; yet thou washest all thy dirty shirts, darnest all thy stockings, tap thy boots, mend thy clothing, chop the whole weeks firewood, make up and bake they bread, and boil thy pork and beans. 7 Without any knowledge on the domestic skills needed to survive, one can see how a miner thrust into California would be at a loss; the commandments aid in organizing a miners life and providing him with a solid foundation for survival. After seeing The Miners Ten Commandments, it is strange to see how The Wifes Commandments do not discuss how to keep the home going without the man around to provide. It only discusses rules for the man, and does not even reassure the woman of the love that her husband has for her. The commandments by the wife are not truly applicable to life back home or in California. The miners rules include: Though shall not steal a pick, or a shovel, or a pan from thy fellow-miner; nor take away his tools without his leave. 8 This a realistic problem that must be addresses, but a major concern in The Wifes Commandments include, Thou shalt not chew tobacco. 9 It is pretty shocking to see the difference in content and what each gender views as important. The miners tended to show more trust towards their wives by not listing a set of rules that must be obeyed by them. The list created by the wives could be renamed The Miners Commandments as seen by the Wife and it would be more itting. The Miners Ten Commandments and The Wifes Commandments reveal the expectations of the time for miners who ventured west in search of gold. Both set of commandments were primarily concerned with the actions of the miner, and not as much on the actions of the wife back home. One would think that wives being thrust into new circumstances would need Just as much guidance to survive and exceed as their husbands do. But there is an intentional focus on the miners. Perhaps it is the exposure to new opportunities and dangers that must be confronted that demands a et of commandments created by a veteran miner as well as a set created by worrisome wives with the best intentions of the family as the driving force. Whatever the case may be, there is an obvious concern for the well being of the family. All of these commandments act in order to preserve their well-being. Historian H. W. Brands said, California presented to people a new model for the American dream† one where the emphasis was on the ability to take risks, the willingness to gamble on the future. These risks however could be minimized by a careful adherence to the rules presented in both of these sets of commandments.

The Baitsoft Network Attack Simulated by Intel Essay Example for Free

The Baitsoft Network Attack Simulated by Intel Essay During the whole course of the simulation you will be acting as an external security investigator and being vigilant like in real life situation is a requisite. It’s like getting into actual crime scene where investigators need to find things which could be treated as evidences for solving crimes. As it is only a computer-based simulation, paying attention to important details in every scene is very important. Relying on the voice of the characters in its scenes isn’t enough, and it is true in the real life situation, you also need to give particular attention to things around it. For instance, in most scenes you hear the characters talk then stop and do nothing else, and if you are not lucky enough to discover the tricks then you might end up hanging for few minutes waiting for the next lines. The secret is, move the mouse pointer around the details in the scenes like any suspicious figures such as: the Laptop and the PDA on Martin Dawes table, the magazine on the table in front of the receptionist section, the visitor’s log book also found in the receptionist section, the Whyte Board or shall we call it simply as the frame, and the firewall both located at the Server Room. Some important clues are also hidden in the speech lines of the characters. Paying attention to either heard or readable instruction is also very important in getting progress to the next scenes in the simulation. The simulation is giving users the experience of thrill, pressure, and suspense in real life handling of network security threats. Getting experience with using the IP Trace 2006 is a heart pounding situation. The most pressured section of the scenario is the scene where you need to help the IT manager create a virus definition which will be submitted to the security center. These experiences give the user an idea of how real life network security administrators race with every tick of the clock in handling different types of threats. There is a lesser suspense with accessing the CCTVs’s files, but it is time consuming as you have to roll out tapes for particular period of time intervals. The simulation also presented some method of how to ensure network securities. These are the common requisites of a secured network: firewalled, wireless networks must be secured; the network should be equipped with security tools. Aside from the technical and the software side of the story, network users should also have the right attitude – sincerity, and having commitment to common objectives. Another thing is, in the realm of competition, some people are more likely to be inclined with adapting desperate measures such as stealing other people’s resources by any means in order to gain advantage. Security Issues Presented in the Simulation There are lots of security issues presented in the simulation such as: Port Scanning, Virus Injection into a network, Social Engineering, Warchalking/Wardriving, unauthorized torrent use or file sharing, and Packet Sniffing. Network securities are often compromised not because it is unsecured, but because somebody allowed it to be compromised. Like what happened in the simulation, there really exists what we commonly called as â€Å"inside jobs† in some reported network attacks or in any criminal activities. In the simulation, Ian Siter, a newly hired Baitsoft project manager confessed his part of the whole crime. Another important detail is, he previously work with Daiyto’s Games Company, the primary competitor of Baitsoft, who also happened to be the primary suspect of the crime. Daiyto’s Games was caught port scanning the Baitsoft network as reported by the IP Trace 2006 Software. The scenario shows that anybody who has access to secured/unsecured network can become the means of any network attacks. This reality dictates that when putting people in critical positions within the organization, the management should be very careful. A network security is threatened by the accessibilities of software on the net. Some of these computer softwares which are intended for beneficial purposes are misused by some people having twisted minds in doing their hacking or stealing activities. This situation calls for strict monitoring and implementation of the rules and policies of how these tools should be used. Conclusion There always exist people who love to compromise other people. In the field of ensuring network security, the fundamental is keeping it secured technically, and most of all placing the right and trustworthy people in the position. Reference: CrimeScene. IBM. Retrieved, 2007, from the World Wide Web: http://www. intel. com/cd/network/connectivity/emea/eng/249411. htm

Benefits of Quality Control

Benefits of Quality Control THE QUALITY CONTROL ERA The inspection-based approach to quality was challenged by Walter A. Shewhart. Shewharts landmark 1931 book Economic Control of Quality of Manufacturing introduced the modern era of quality management. In 1924, Shewhart was part of a group working at Western Electrics Inspection Engineering Department of Bell Laboratories. Other members of the group included Harold Dodge, Harry Romig, G.D. Edwards, and Joseph Juran, a veritable whos who of the modern quality movement. The new concept of quality included ideas that were quite radical at the time. Shewhart recognized that variation could never be completely eliminated. Try as one might, no two things could ever be made exactly the same. Thus, he reasoned, attempts to eliminate variability were certain to fail. Then Shewhart took a huge conceptual leap: the central task of quality control was not to identify variation from requirements, it was to distinguish between variation that was a normal result of the process and variation that indicated trouble. This insight lead directly to Shewharts now famous concept of statistical control. The concept is explained by Shewhart as follows: A phenomenon will be said to be controlled when, through the use of past experience, we can predict, at least within limits, how the phenomenon may be expected to vary in the future. Here it is understood that prediction means that we can state, at least approximately, the probability that the observed phenomenon will fall within the given limits. Shewharts approach to quality was to identify the limits of variation that could be expected from a process operating in a normal state. To do this he developed simple statistical and graphical tools that could be used to study data obtained from a process. Unlike inspection, Shewharts approach did not require 100% inspection or sorting; samples could be used. Furthermore, as long as the process variability was less than the design required, one could be assured that acceptable process quality was being maintained. Shewharts approach is known today as statistical process control, or SPC. SPC remains one of the quality professionals most powerful tools, in a form largely unchanged from Shewharts original presentation. WHAT DOES QUALITY MEAN Quality means fulfilling the customers requirements and expectations, at all times. It is also important to bear in mind that quality standards must be set to meet legal requirements. As the customers requirements are typically higher than legal ones, standards set by authorities should be regarded as minimum or bottom-line requirements. WHAT DOES QUALITY CONTROL MEAN A set of procedures taken to assure that a product manufactured or service delivered would meet defined quality requirements or customers needs. BENEFIT OF THE QUALITY CONTROL IN INDUSTRY Improvement in the quality of the product and the services Production improves The system is continually evaluated and modified to meet the changing needs of the customers Reduces cost in the long term The lead time for the producing parts and subassemblies reduces. QUALITY FUNCTION DEPLOYMENT (QFD) A systematic method for transferring customer wants/needs/expectations into product and process characteristics Developed by Shigeru Mizuno (1910-1989) and Yoji Akao (b.1928) in Japan Excellent tool for communication between cross-functional groups Provides a common basis for Integrated Product Development Simultaneous Engineering Concurrent Engineering CONCURRENT ENGINEERING â€Å"The simultaneous performance of product design and process design. Typically, concurrent engineering involves the formation of cross-functional teams. This allows engineers and managers of different disciplines to work together simultaneously in developing product and process design.† †¢ 3 Main Areas to Concurrent Engineering: 1) People 2) Process 3) Technology JUST IN TIME (JIT) Managing Quality + Time + Productivity + Capacity = JIT The objective of JIT is to . . . purchase materials produce products and deliver products . . . just when they are needed QUALITY CIRCLE Voluntary groups of employees who work on similar tasks or share an area of responsibility They agree to meet on a regular basis to discuss solve problems related to work. They operate on the principle that employee participation in decision-making and problem-solving improves the quality of work How Do Quality Circles Work Characteristics Volunteers Set Rules and Priorities Decisions made by group Use of organized approaches to Problem-Solving All members of a Circle need to receive training Members need to be empowered Members need to have the support of Senior Management CAUSE AND EFFECT ANALYSIS (ISHIKAWA/ FISHBONE ANALYSIS) It means identifying the likely causes of a problem thoroughly. Their major benefit is that they push to consider all possible causes of the problem. Suggested steps for conducting Cause Effect Analysis  · Identification of a problem Pen down the exact problem faced in details.  · Identify who are involved, what is the problem and when and where it occurs.  · Workout the major factors involved  · Identify the factors that cause the problems.  · Draw lines off the spine for each factor and label it. TOTAL QUALITY MANAGEMENT (TQM) Total Quality Management means that  · the organizations culture is defined by and supports the constant attainment of customer satisfaction through an  · integrated system of tools,  · techniques, and training. This involves the continuous improvement of organizational processes, resulting in high quality products and services. The three aspects of TQM  · Counting Tools, techniques, and training in their use for analyzing, understanding, and solving quality problems.  · Customers Quality for the customer as a driving force and central concern.  · Culture Shared values and beliefs, expressed by leaders, that define and support quality. Total Quality Management and Continuous Improvement  · TQM is the management process used to make continuous improvements to all functions.  · TQM represents an ongoing, continuous commitment to improvement.  · The foundation of total quality is a management philosophy that supports meeting customer requirements through continuous improvement. Value-based Approach u Manufacturing Dimensions Performance Features Reliability Conformance Durability Serviceability Aesthetics Perceived quality u Service Dimensions Reliability Responsiveness Assurance Empathy Tangibles Four Levels of Quality FITNESS FOR STANDARD -inspection oriented -no consciousness to customer/market FITNESS FOR USE -Must satisfy customer need for use -Hotel shampoo body oil FITNESS FOR MARKET -Must achieve low cost as well as 1 2 FITNESS FOR LATENT REQTS -Listening to the voice of the customer -V-8 engine, Swatch -Uncovering latent reqts adds value ==> need continuous innovation DEMINGS FOURTEEN POINTS Create constancy of purpose for improvement of product and service. Adopt the new philosophy poor quality cannot be tolerated. Cease dependence on inspection to achieve quality. End the practice of awarding contracts on the price tag alone; work with a single supplier. Improve constantly and forever every process for planning, production, and service. Institute training on the job. Adopt and institute leadership. Drive out fear. Break down barriers among staff areas. Eliminate slogans, exhortations , and targets for workers. Eliminate numerical quotas for the workforce and numerical goals for management. Remove barriers that rob people of their pride of workmanship. Eliminate the annual rating or merit system. Institute a vigorous program of education and self-improvement for everyone. Put everybody in the company to work to accomplish the transformation. ACCEPTANCE SAMPLING Statistical quality control technique, where a random sample is taken from a lot, and upon the results of the sample taken the lot will either be rejected or accepted. Accept lot Ready for customers Reject lot Not suitable for customers Statistical process control determine if in acceptable limits Purposes Determine the quality level of an incoming shipment or, at the end production Ensure that the quality level is within the level that has been predetermined TOTAL PRODUCTIVE MAINTAINENENCE Total Productive Maintenance (TPM) is an approach to managing physical assets that emphasizes the importance of operator involvement in making equipment reliable Management has always held an operator accountable for production output. More than ever, that person is also responsible now for product quality Many factors affect how well that can be achieved, including the way in which the workplace is organized as well as the equipments effectiveness. When several people are involved, producing quality depends on teamwork The prime objectives of TPM are to: Maximize equipment effectiveness and productivity and eliminate all machine losses Create a sense of ownership in equipment operators through a program of training and involvement Promote continuous improvement through small-group activities involving production, engineering, and maintenance personnel PARETO CHART Method of prioritizing problems or causes by frequency of occurrence or cost Based in the 80-20 rule: 80% of the problem is caused by 20% of the sources â€Å"Vital few† and â€Å"trivial many† Depicted by a vertical bar graph arranged from left to right descending order Advantages of a Pareto Chart Focuses efforts on problems with greatest potential for improvement Distinguishes the critical causes from the less significant causes Helps prevent â€Å"shifting the problem† where the solution removes some causes but worsens others Measure the impact of improvement projects when comparing charts â€Å"before† and â€Å"after† The chart shows the relative importance of problems in a simple, quickly interpreted, visual format. Progress is measured in a highly visible format that provides incentive to push on for more improvement. SIX SIGMA Analyze Challenge of identifying best practices Overuse of statistical tools/ under use of practical knowledge Challenge of developing hypotheses Improve Challenge of developing ideas to remove root causes Difficulty of implementing solutions Control Lack of follow up by Managers/ Process Owners Lack of continuous Voice of the Customer feedback Failure to institutionalize continuous improvement. Benefits of Six Sigma Generates sustained success Sets performance goal for everyone Enhances value for customers; Accelerates rate of improvement; Promotes learning across boundaries; Executes strategic change

Women and Love In Chaucer Essay -- Chaucer Poetry Poem Essays

Women and Love In Chaucer   Ã‚  Ã‚  Ã‚  Ã‚  Chaucer's opinion of women and his views on love are very prominently featured in his poetry. Focusing on women, one must first examine the popular views concerning women during Chaucer's time. Arlyn Diamond writes of Chaucer that, ". . . he accepts uneasily the medieval view of women as either better or worse than men, but never quite the same." (Green 3) This is evident in Chaucer's portrayal of women in such poems as "The Wife of Bath" and "The Clerk's Tale" which assault the reader with antithetical views of women. The Wife of Bath is one of the most memorable characters Chaucer ever created. She is considered, in view of Diamond's statement, to be better than the men in her life. Patient Griselda in "The Clerk's Tale" is a peasant woman, married to a nobleman, who tests her loyalty through a series of ordeals in which she is lead to believe her children to be murdered. In this tale Chaucer is exposing his reader to a woman who is beneath her husband, and is treated horribly by him. Chaucer frequently treats the women he writes about as objects, some prize to be won by the heroic man. This is evident in "The Knight's Tale," in which the two protagonists, Palamon and Arcite, war over the hand of Emily, who they have never met, but only gazed upon from a distance. Their devotion to her branches not from love, but the want of men to contain and control the women surrounding them. Now on to the subject of love. Chaucer writes in "The Knight's Tale" of a love based on physical beauty, where the two protagonists fall in love at first sight. This is a common device used in medieval literature to create conflict between characters. "The Book of the Duchess" focuses on the real love between the Black Knight, and the White Woman. This allows Chaucer to explore the nature of love in context.   Ã‚  Ã‚  Ã‚  Ã‚  Chaucer's Wife of Bath is a domineering woman who demands the men in her life to be subservient. The reader gains from her prologue that she is concerned with sovereignty, which she views as the control or mastery in the relationship. She does not appear to truly love any of her husbands. The first three are older men whom she seems to marry for their money. They pass on quickly leaving her with wealth, standing, and the chance to find herself a more suitable man. Her fourth husband was a profligate, a man of loose morals, who keeps ... ...t sight. The pointless death of Arcite only emphasizes the hollow nature of this love. Love in "The Book of the Duchess" is treated differently. When Arcite dies there is no real pain felt for his loss. This is not the case with the death of the Black Knight's lady. Chaucer spends about eight hundred lines allowing the knight to lament his lost love. In his poetry Chaucer tries to be sympathetic to the plight of women. He endeavors to discuss love honestly, accepting the contradictory types of love and giving them all equal opportunity to prove themselves. The problem, however, lies in the subjects, for no matter how long or intently you look at them, they will always be as complex and incomprehensible as they always were. Works Cited   Ã‚  Ã‚  Ã‚  Ã‚  Green, Richard Firth. "Chaucer's Victimized Women." Studies in the Age of Chaucer. Ed. Thomas J. Heffernan. Vol. 10. 1988. 3-21.   Ã‚  Ã‚  Ã‚  Ã‚  Wynne-Davis, Marion., ed. The Tales of the Clerk and the Wife of Bath. By Geoffrey Chaucer. Routledge: New York, 1992.   Ã‚  Ã‚  Ã‚  Ã‚  Edwards, Robert R. Stephen Spector. Ed. The Olde Daunce: Love, Friendship, Sex, and Marriage in the Medieval World. Albany: State University of New York Press. 1991 154-176.

Schizophrenia :: essays research papers

Schizophrenia is a class of disorders characterized by fundamental disturbances in thought processes, emotion, or behavior. It is also known as a "split mind"; the person is in a world that has nothing to do with everyday experiences. One to one and a half percent of the U.S. population will be diagnosed with it sometime over the course of their lives. Schizophrenia has a pattern of unique and predictable symptoms. There are two main types of symptoms: positive and negative symptoms. The positive symptoms are delusions or hallucinations; negative symptoms are deficits in behavior or an inability to express emotion. But what exactly are these symptoms and are they easy to detect? The more obvious types of symptoms are the positive. One characteristic that is often experienced is delusions, which are known as thoughts with meanings that are unrealistic. For example, people with this disorder tend to believe that they are someone else in disguise such as Elvis or Jesus. Another type of delusion is the delusion of grandeur, which is when an individual believes that they are more important than they actually are. A less common but very real type of delusion is a delusion of persecution, which is when an individual is convinced that others are plotting against him. But even more severe is perceptions known as hallucinations. Hallucinations are perceptions that can not possibly be real because there is nothing external to support them; however, to the person affected, they can be heard, seen, or even felt. Some individuals may see objects change shape or size, which is not very unusual for someone with schizophrenia. On some occasions, individuals claim to hear voices in their heads, telling them to do or say certain things. These voices appear to be so real, that in some instances individuals where known to have committed suicide because that's what the voice told them to do. Less obvious than the positive symptoms but equally serious are the negative symptoms. It is very common for a person to show flat affect, which means they show little or no emotional reaction. If someone shows a person with this disorder an extremely funny movie or a very sad picture, they are unlikely to even smile or shed a tear. People with schizophrenia also refuse to participate in basic everyday activities. They may refuse to eat or wash themselves. Some other symptoms that are less common are disorganized speech and catatonia.

anime club :: essays research papers

The Anime Club   Ã‚  Ã‚  Ã‚  Ã‚  Upon entering Kean University, I knew right there and then many different options are laid right in front of me. Being a freshman, I wanted to explore the different clubs and organizations that the University had to offer. During the Campus Awareness day, I was startled by the number clubs and organizations that Kean has. I was pretty drawn to several clubs but I tried to limit my self to only a few so that I could balance it pretty well with my schedule. Among the clubs that I joined were the Martial Arts club, which I never had the chance to attend to, because it meets during Thursday nights, which create a conflict with my schedule for, I am working part time. The other is the Filipino American Cultural Society which focuses on spreading the Filipino culture into mainstream America for Filipinos is the second biggest Asian majority in the United States next to China. Lastly the Anime Club which is a club that exposes people to the art of Animation.   Ã‚  Ã‚  Ã‚  Ã‚  Amongst the three clubs, that I have enlisted myself into, the Anime Club has been the only club in which I was quite consistent in attendance. My passion in the arts was one of the factors of me having to be drawn more to this club. In addition, my fascination on Japanese animation is one of the reasons that made me stay on this club. The Anime Club meets every Tuesday during college hour at Vaughn Eames building at room 112. Every meet, the club organizers have at least two or three choices of anime that the club members can watch. If time permits, we finish all the selections for that day. The selection range from contemporary anime such as Gundam and DragonBall Z, to old school anime such as Voltes V and Mazinger Z just to name a few. The club sometimes also sometime feature full-length animes. In addition, the club holds fundraisers in order to finance the activities of the club. One of the fundraiser activities that they had was a video game tournament in wh ich the club provides the video games and people battle out on different type of video games. Unfortunately, I was not able to attend the event because of some personal reasons.   Ã‚  Ã‚  Ã‚  Ã‚   In summary, my experience in the club was good. Having to watch different anime was great experience.

Grant v Australian Knitting Mills Essay

The material facts of the case: The underwear, consisting of two pairs of underpants and two siglets was bought by appellant at the shop of the respondents. The retailer had purchased them with other stock from the manufacturer. The appellant put on one suit and by the evening he felt itching on the ankles. Next day a redness appeared on each ankle. The appellant treated himself with calomine lotion but the irritation was such that he scratched the places till be bled. He carried on with the underwear (washed). His skin was getting worse, so he consulted a dermatologist, Dr. Upton, who advised him to discard the underwear which he did. He was confined to bed for a long time. The rash became generalized and very acute. When he felt sufficiently recovered he resumed his medical practice, but soon had a relapse. His condition was so serious that he went into hospital. The illness was most severe, involving acute suffering, and at times Dr. Upton feared that his patient might die. The appellant bought action against th e respondents, claiming damages on the ground that he had contracted dermatitis by reason of the improper condition of underwear (presence of an irritating chemical – free sulphite, in the cuffs or ankle ends) purchased by him from the respondents, John Martin & Co., Ld., and manufactured by the respondents, the Australian Knitting Mills, Ld. Judgements/opinions in the case: 1) In their Lordships’ judgement the retailers are liable in contract of sale. The facts set out show negligence in manufacture. If excess sulphites  were left in garment, that could only be because someone was at fault and the appellant is not required to lay his finger on the exact person who was responsible, or to specify what he did wrong. 2) The decision treats negligence, where there is a duty to take care. In Donoghue’s case the duty was deduced simply from the facts relied upon: article issued to the world, used by the party in the state in which it was prepared and issued without it being changed in any way and without there being any warning of, or means of, detecting, the hidden danger. There was no personal intercourse between the maker and the user; but the duty is personal, because it is inter partes (between parties), it needs no interchange of words, spoken or written, or signs of offer or assent. The want of care and the injury are in essence directly and intimately connected. The word ‘control’ in D. case is used to emphasise the essential factor that the consumer must use the article exactly as it left the maker, and used it as it was intended to be used (control, of the maker, until it is used – artificial, because they parted with all the control when they sold the article). 3) In D. case can only be applied when the defect is hidden and unknown to the consumer. The presence of the deleterious chemicals in the pants, due to negligence in manufacture, was a hidden and latent defect, just as much as the remains of the snail in the opaque bottle: it could not be detected by any examination that could reasonably be made. Nothing happened between the making of the garments and their being worn to change their condition. The garments were made by the manufacturers for the purpose of being worn exactly as they were worn in fact by the appellant: it was not contemplated that they should be first washed. 4) D. was a case of food/drink to be consumed internally, but there is no distinction. The garments were made to be worn next to skin. Lord Atkin specifically puts as examples of what is covered by the principle he is enunciating things operating externally, such as ‘an ointment, a soap, a cleaning fluid or cleaning powder.’ 5) The decision in D. essentially depended on the point that the article should reach the consumer or user subject to the same defect as it had when it left the manufacturer, and this was true for garment.