The Mona Lisa Essay Example for Free

The Mona Lisa Essay The Mona Lisa is perhaps Leonardo Da Vinci’s most famous of paintings. It is an oil painting, painted on poplar wood. The painting is most famous for the smile of the woman, which people have been trying to decipher for a long time. Many believe that the portrait is that of Da Vinci himself, while many also place a lot mystic connections with this painting. The portrait depicts a woman’s bust, with a distant landscape that is visible in the backdrop. Leonardo used a pyramid design to install in simple and calm manner within the painting. The woman is shown with her hands folded, with her breast, neck, and face painted the same color as her hands. The light is diffused so that the various curves and geometrical shapes on the painting are made visible through it. Perhaps the most interesting thing about the painting is the woman’s smile. Many believe that it is innocent and inviting, while others believe that of smugness and a smirk. Many scientific studies have been undertaken to determine the exact nature of the smile and the real reason remains a mystery. It is believed that every person sees the smile differently because of the changes in the lightning that Leonardo presented. The woman is shown seated in an open area, and behind her is a vast landscape, which recedes to an icy mountain. Some winding paths and a far away bridge is also perceptible in the background. The painting is an amazing one should definitely take a look at it in order to appreciate its full beauty. The painting is currently on display at the Musee du Louvre, in Paris.

Potemkin :: essays research papers

Setting: While originally filmed to commemorate the 1905 revolution in Russia, Potemkin was actually shown to rouse the masses against the Russian government. The film takes place on three major settings. The battleship Potmekin serves as the first backdrop where the revolution begins. The setting shifts to the Odessa Steps when the sailors arrive with Vakulinchuk ‘s body. Here the Russian soldiers attempt to squelch the uprising by shooting and trampling the crowds which had gathered on the steps. The final scenes take place on the water. The Potemkin sails out to confront the Russian ships, but the sailors eventually realize that the other soldiers had joined them in their revolt. Atmosphere: The atmosphere of the film is dramatic and therefore easily holds the attention of the viewer. Einstein effectively uses the element of suspense to involve the audience. At the start of the film, the sailors were not very willing to cause any commotion or problems. However, once they were confronted with the possibility of being hanged and became fed up with eating rotten meat, they rallied around Vakulinchuk. The mood of the film changed several times. While the main theme was rebellion against the Soviets, there were other emotions portrayed also. When Vakulinchuk’s body was brought ashore for viewing, there was overwhelming anger and sadness felt by many in the crowds. After the people decided to revolt, they mood became much lighter as they took food, coal, and water to the sailors. This joyous time was immediately brought to a halt when the Russian soldiers began marching down the Odessa Steps. Eisenstein again used suspense in these scenes by quickly flashing pictures of the mother with her baby carriage and the approaching soviet â€Å"machine†. Conflict: The film’s major conflict is between the revolting sailors and the Russian officers of the Potemkin. The Russian citizens also become involved in the conflict once Vakulinchuk’s body is viewed. The conflict continues until the Potemkin sails out to meet the Russian fleet. The climax occurs when the two ships face each other in a suspenseful moment.

Obesity in Western Culture Essay

Within our constantly evolving and ever-changing Western world, what is deemed as being deviant has shifted and adapted to suit the norms and values of society at large. Thus, deviancy can be defined as behaviour that violates the normative rules, understandings or expectations of social systems. The issue of obesity has become increasingly prominent within Western society and is deemed as being deviant due to its wide unacceptance throughout society. In applying the ‘Functionalism’ perspective of deviance on obesity, the ways in which society attempts to handle and understand this issue is further outlined and explained. Obesity is a term used to describe body weight that is much greater than what is considered the healthy range. Individuals who are obese have a much higher amount of body fat than is healthy or recommended. Adults with a body mass index (BMI, calculated as weight in kilograms divided by height in meters squared) greater than 25 kg/m2 but less than 30 kg/m2 are considered overweight (Insel, Turner, Ross, 2009). The ways in which those who classify as ‘obese’ are perceived and portrayed by society are, within a Western society fixated on image and obsessed with reaching physical ‘perfection’, often negative and highly critical. The media plays a crucial role in shaping the idea’s and values our society holds. As we are constantly bombarded with images of ‘idealistically thin celebrities, it becomes evident that those who do not fit this normality are excluded from social acceptance and pressured into losing weight and fitting in. A recent article in the Sydney Morning Herald stated that; â€Å"while there was sympathy for underweight models because of possible eating disorders, those with overweight body shapes were blamed for not doing something to lose weight† (Gray, 2010). It is evident here that although there is some negativity urrounded with being ‘underweight’, super-thin models and celebrities continue to be represented as acceptable throughout the media, whereas those classified as ‘obese’ are rejected from mainstream society and blamed for not taking the initiative to lose weight. As we concentrate more on what is considered to be ‘physically attractive’, we lose sight of the various biological, genetic, and noncontrollable etiological factors (Puhl, Shwartz, Brownell, 2005) that relate towards obesity. Thus, negative stereotypes and stigmas are placed upon the obese, further strengthening heir label of deviancy. In a recent study conducted by Yale University, the perceived social consensus on attitudes toward obese people was tested. Three experiments were created towards educating the participants on the issue of obesity in hope of reducing the bias stereotypes and stigmas our society has successfully created towards the obese. (Puhl, Shwartz, Brownell, 2005). The study describes how the consensus attitude towards obesity prevents the reduction of stigmatizing and excluding the obese from mainstream society as people in general feel a sense of security and ‘approval’ in following the beliefs of the majority. Thus, if we as a society take greater acknowledgment in the causes of obesity and perhaps even empathize towards those labeled as obese; the idea of obesity as being a form of deviance could potentially shift throughout the long term. The ways in which the ‘obese’ are negative stigma held towards obesity by society at large. According to David F. Williamson of The New England Journal of Medicine (1999), it is crucial that doctors encourage greater weight loss towards obese patients as obese people are â€Å"twice as ikely to die from any cause as people of normal weight. † Society then not only recognizes obese people as being â€Å"obscene, lazy, slothful and gluttonous† (Adler, Adler 2000) but also as ill, and in a sense, ignorant towards the consequences of their poor state of health. As modern technology continues to develop and treatment options further increase, obesity becomes more and more deviant throughout society. Procedures such as ‘liposuction’ are becoming more available, with surgeries having increased 21 5 percent since 1992 (Naisbitt, Naisbitt, Philips 2001). Although ndergoing plastic surgery has not yet attained complete social acceptance, procedures such as liposuction reduce the consequence of the obese being labeled deviant due to their status. In contrast, the way obese people perceive and view themselves is largely impacted by the constant discrimination and criticism carried out by society at large. Although it can be said that in the presence of other obese people there is a greater sense of acceptance and understanding, the self-representation of obese people is generally negative and painful. According to an article on ABC news, one obese female stated hat â€Å"(you feel like) you have no right to exist as you are. Feeling as though this body is an outlaw body’ (Stark, 2004). The majority of obese people often view themselves as outsiders to the social norms of image and feel as though there is a ‘culture of blame’ (AN’, 2008) constantly against them. There have been studies undergone which illustrate the reluctance amongst obese patients to seek preventive health care services due to the embarrassment of their weight, and perhaps even the feeling of being criticized by physicians (Fontaine, Faith, Allison, & Cheskin cited in Puhl, Shwartz, Brownell, 2005). This clearly shows that obese people themselves are not content within their condition and recognize their deviant label within society. Although they inevitably feel the pressure to lose weight, the embarrassment of yet again being Judged and criticized by healthcare professionals prevents them from doing so. The Functionalist approach to deviance can be applied to obesity in many ways. Functionalism was developed by Emile Durkheim and illustrates how the institutes within society function and maintain social equilibrium. A functionalist analysis of eviance begins with looking at society as a whole rather than focusing on the individual. â€Å"It looks for the source of deviance in the nature of society rather than the biological explanations or psychological nature of the individual† (Covington, 1999). In this regard, applying functionalism to obesity becomes difficult as obesity is initially a personal health concern. Both biological and psychological aspects contribute towards obesity which then labels the individual as deviant, proving that rather than focusing on the nature of society at large for explanations on deviancy, it is equally ital to focus on the obese individual to understand their deviant label. Inevitably, this can be recognized as a weakness within the functionalist argument. In contrast, applying functionalism to obesity presents much strength in understanding why education have had to shift and develop in order to combat the obesity epidemic and create greater equilibrium within Western society. Australian schools have recognized the deviant nature of obesity, mainly due to its associated health risks, and have recently began enforcing healthy eating and exercise habits (Hareyan, 006). School systems have recognized that many families are unable to teach their children healthy habits, so have taken upon this role to maintain the social order within society. Alongside this, there has been a vast increase in weight-loss alternatives (rather than simply the gym, or perhaps surgery) to suit the modern, working individual. ‘Quick weight loss pills and detox diets are now more on the market than ever before and are available to anyone willing to pay. Functionalism revolves around creating solutions to maintain social order, and in regards to obesity, any actions have been taken as obesity is seen as a deviant act which disrupts the balanced functioning of society. In conclusion, obesity has been labeled as a deviant act within modern Western society as it violates what the consensus recognizes as ‘normal’ behaviour. It is increasingly less acceptable with those carrying the status left facing the consequences of social Judgment and exclusion. In applying the functionalist theory, the deviant nature of obesity can be further outlined and understood as a problematic issue within contemporary society.

Antebellum Period And American History - 1548 Words

Antebellum Period, Art The Antebellum period is generally spoken of as the years arranging from the acquisition of the Constitution, all the way to the American Civil War. This is a period in American history that is remarkable for its incredible magnitude of changes in the country’s history; industrial revolution, westward expansion, women’s history, and transportation revolution to name a few. Leaving aside all the rebellions, treaty’s, and massacres. The pages to follow will mainly focus on the Antebellum Fine Arts. The amazing world of literature, marvelous drawings, and beautiful music. All part of this era that marked history forever. Since the very beginning of the Antebellum, American literature was being touched by the early forms of structure in books and authors. Before the Antebellum period, literature was not original; it was either imported from Europe or inspired by other writings. But America started to create a new type of literature, this type of writings was basically just biographies, autobiographies and history books of the American Revolution heroes. But it was also normal to see authors writing fictional stories such as Moby Dick, The Last of the Mohicans, and Sleepy Hollow. The American literature started slow in the middle of the ninetieth century. Books were being written and changed as the wars and revolutions started to spread inside the country’s plains. Many of these inscriptions were either lost or burned in the wars that were taking place, butShow MoreRelatedP eter Kolchin : American Slavery review1708 Words   |  5 PagesKolchin is a history professor at the University of Delaware. In 1970, Kolchin received a degree from John Hopkins University. He now specializes in nineteenth-century U.S. history, the South, slavery and emancipation, and comparative history. In his career he has written many books on slavery including Unfree Labor: American Slavery and Russian Serfdom and First Freedom: The Responses of Alabama s Blacks to Emancipation and Reconstruction (Peter Kolchin...). In 1993, his third book American SlaveryRead MoreAntebellum Period Essay1238 Words   |  5 Pages Carmen Jordan Mr.Grosse US History 06 September 2017 The Antebellum Period The Antebellum period took place from before the civil war until after the war of 1812, although some historians extend the date. This period was characterized by the rise of abolition and how prosperous and diverse the topic of slavery was.In this period, the economies the northern and southern economies were very different with the rise of cotton as a cash crop in the south and the industrial advancement in the northRead MoreAmerican History: The Development of the Ironwork Industry in Alabama1088 Words   |  5 Pages The perspective of many historians and textbooks usually consist of the same general understanding of specific issues in American history. For example, key events or battles such as _____, or common trends that aid in the understanding of how society operated at that point in history. However, many American history textbooks avoid the topic of widespread manufacturing industries in the south, and their simultaneous development with the much more powerful agricultur al industry. Set in the Deep SouthRead MoreThe Role Women Played in the Social Reform Movements of the Antebellum Period1557 Words   |  7 PagesThe Role Women Played in the Social Reform Movements of the Antebellum Period Comprehending the lives of American women and their roles is fundamental for understanding the entire antebellum period in America. The period 1820 to 1870 in the United States was marked by a forceful and widespread debate on womans roles and their proper vocation whether this be in the home or outside the home and becoming wage earners.This was, however, still a time in which females were Read More American Literature: Kate Chopin, and Mary Eleanor Wilkins Freeman1506 Words   |  6 Pagesthe years American Literature has become an important part of the American history. In the other hand, it is really important for people to study the significant of the American literature, because in particular is associated with influence of the American culture. People should know more about their culture, because it is the place where they are living in. Literature was brought to the United States from the European culture. The American literature started to develop during the antebellum era inRead MoreThe Rise of the Anti-Slavery Movement in the US Essay867 Words   |  4 PagesThroughout the history of America, the struggle between white and black Americans is by the far the most complex and long standing issue. Beginning with first contact between white Europeans and Africans during the English colonial period, Africans were immediately labeled with terms including savage a nd heathen. During the Antebellum period, institution of chattel slavery in America certain ideas of what the black man’s role in society became widely known and accepted. Stereotype such as the SamboRead MoreSlave Narratives : A Darker Side Of American History900 Words   |  4 PagesDarker Side of American History How would we be able to fully understand history only knowing one-side of the story? If this was the case, American History would be an amazing story of liberty, expansion, and the foundation of American democracy as the most fair and honest government created in the world today. However, this is not the case thankfully due to novels, interviews, and autobiographies written by Americans who’ve felt the painful sting of the other side of American History. For exampleRead MoreAmerican Reformers, By Ronald G. Walters1087 Words   |  5 PagesAmerican Reformers,1815-1860 Book Review American Reformers, 1815-1860 goes into the social and political issues surrounding the Jackson Presidency. Ronald G. Walters effectively chronicalizes the reformation and radicalization of the main issues prevalent in early 19th century. These issues included slavery, alcoholism, women’s rights, religion and science. He explains how these issues led to the transformation of our country into what it is today and explains the reformers responsible for suchRead MoreThe Cruel Treatment Of African American Women Essay1583 Words   |  7 Pages The cruel treatment of African American Women in Antebellum In the book Ar n t I a Woman?: Female Slaves in the Plantation South, author Deborah Gray White writes about the cruel treatment that female slaves faced, as they were given no choice when it came to marriage and were sexually assaulted. By including Primary and Secondary sources, White further explains the inhumane treatment that female slaves had to go through. White’s work offers first hand accounts of how women were stereotyped andRead MoreThe North And South Regions Of The United States1391 Words   |  6 Pageswhich is home to a state congress and governor. However, during the antebellum period of the United States everything wasn’t as blissful as it is today. The antebellum period is the period after the War of 1812 and before the Civil War in 1861. Some people may say that the Antebellum period was a period of great awakening with a lot of prosperity because of manufacturing, while others may say it was a dark time in the nation s history due to slavery. Du ring this time, the country was divided and was

Medieval Medicine. Life For People During The Medieval

Medieval Medicine Life for people during the Medieval Times, also known as the Dark Ages or middle ages, between 400 – 1450 was incredibly difficult due to disease and illnesses being spread throughout Europe. Medieval medicine during the time was easily misunderstood and generally mistreated. As a result, disease spread rapidly, deaths occur at outrageous numbers, and caused people to turn to various forms of medical help. To understand medieval medicine, we must first be able to look back at the origins and review its transformation in time. According to the Merriam-Webster dictionary, medicine is defined as â€Å"the science of practice of the diagnosis, treatment, and prevention of the disease† or â€Å"a compound or preparation used for the†¦show more content†¦The everyday medical care people received took place in the village and conducted by an untrained medical practitioner (Wigelsworth). So who were these untrained medical practitioners and what did they encounter daily. Often times, townspeople with ailments sought out local folk healers, those who practiced healing through experience without regard to science; religious leaders, since the illness was considered to be a punishment from God; apothecary owners, people who maintained a well-stocked on herbs, spices, and oils. At the time, trained medical physicians were very limited and came with a cost. If a family could afford to hire a trained physician or a barber surgeon, they received slightly better medical treatment (Kelly 19-28). In regards to women, male physicians were not allowed to examine women and had very little knowledge regarding how to treat women medically. The overall health in the middle ages was not good by any means. At no surprise, disease was greatly misunderstood and often believed to have been transmitted by the wrath of God, dependent on the individual’s astrological sign, or a result of witchcraft. Many illnesses could easily have been contributed to the horrid hygienic conditions. The middle ages were often referred to as â€Å"a thousand years without a bath†. This allowed the environment to become overrun withShow MoreRelatedMedieval Diseases And Treatment Research1026 Words   |  5 PagesAlicia Yang Professor Wooten ENG 241-101 23 October 2015 Medieval Diseases and Treatment Research Essay During the Medieval era there were many diseases. Because of the lack of hygiene in the medieval times, diseases would spread like a wildfire. Just to name a few common diseases that happened in this time, there was the Black Death, leprosy, measles, and typhoid fever. These were most likely transported because of dirty bedsheets and blankets, unwashed clothing, and rodents. The treatmentsRead MoreMedieval Medicine, Illogical and Superstition Essay1746 Words   |  7 PagesChristian, because of this, the church had a lot of control over the people. The church used the beliefs of the people to control them, collecting land and taxes and making laws. The Bubonic Plague spread to Europe, the plague killed about 75 million people of world died from one single cause. Many superstitions were created cause of the Black Death, generate idea that were thought to prevent the plague but really did. Medicine was also not being studied carefully and correctly at the time. Not aRead MoreSim ilarities Between Medieval Japan And Medieval Europe812 Words   |  4 PagesComparison Essay- Shogunate Japan and Medieval Europe When people think of â€Å"Medieval†, they often relate this to Europe. However, there was once a Medieval Japan too, and this time stretched from 1185-1868 CE. During this period, Shoguns ruled Japan, and they defined it as â€Å"Medieval† because, just like Europe society in Japan at this time was feudal in structure. Medieval Europe lasted from the 5th to the 15th century, and was often referred to as Christendom, because most civilians were ChristiansRead MoreThe Influence of Medieval Medicine on Modern Medicine Essay1153 Words   |  5 PagesThe Influence of Medieval Medicine on Modern Medicine The logic and principles of medieval medicine shaped those of Modern medicine. Never was there a more efficient method perfected, so much that it remained through history through so many hundreds of years. Today’s concepts of diagnosis, relationships with the church, anatomy, surgery, hospitals and training, and public health were established in the Middle Ages. In the Middle ages, the modern idea of society taking responsibility for itsRead MoreThe Many Aspects Of Medicine863 Words   |  4 PagesMedicine is in many aspects considered the bringer of life as it has the ability to heal a rather unsightly wound. On the other hand, it can also be deemed the harbinger of death, whereas if it is used in the wrong context, the person could subsequently die as a result. The term Medieval Magic is a collaboration of pre-existing ideas shared across cultures, as well as spiritual influence with a shamanistic attribute. Much of the knowledge that is used came from just before the fall of the WesternRead MoreEssay on Medieval Outlook on the Bubonic Plague1448 Words   |  6 PagesThe Medieval Outlook on the Bubonic Plague The Black Death was a major factor in the history of Europe as well as the history of the world. Rivaling the effects of an immense bioterrorist attack, the Black Death was responsible for the taking of over 25 million lives. Creating economic, societal, and medical changes, the Black Death forced Europe to essentially recreate its entire groundwork. At the time of the Black Death, medicine remained very archaic, and European society scrambled to findRead MoreAdvancements in Medicine: The Black Death Essay1208 Words   |  5 PagesDuring the Middle Ages, medicine was limited. This was critical because in 1348-1350 the Black Death killed millions, nearly one third of the population. Physicians had no idea what was causing diseases or how to stop them (Medicine in the Middle). The Catholic Church told its people the illness was punishment from God for their sins (Gates 9). Some of the only procedures doctors could perform was letting blood by using leeches, and mix ‘medicines’ using herbs, spices, and resins (Rooney 106-107)Read MoreHistory of Medicine1288 Words   |  6 PagesThe medieval period is normally not associated with advances in technology, nor with contributions that benefit society. Yet, our medicine today owes much of its development to physicians of that time. Medicine of that era was strongly influenced by superstition and the doctrine of the Christian church, and did not have much foundation for practical application. The need for medicine in Middle Ages was certainly great, considering the extreme amounts of plague and disease prevalent during thatRead MoreThe Renaissance : A Rebirth Of The Ideas Of Ancient Greece923 Words   |  4 PagesRenaissance was a rebirth of the ideas of ancient Greece and Rome that began in the City States of Italy during the 14th century. The cultural resurgence began a new style of living in Europe after the horrors of the black death, and is seen as the beginning of the culture of the modern world. As Wassace K. Ferguson put in his book The Renaissance, the Italian artists grew tired of the darkness of Medieval Times and began to turn to the brighter times found in the classical ages (Doc 7). The RenaissanceRead MoreThe Era Of The Middle Ages1666 Words   |  7 Pageshad to be done from all of mankind, from servants who were settled in the village, to peasants on the countryside nearby. Unfortunately, this was a reality for people who lived in a time period situated with the name of The Middle Ages. As these people lived within the lowest social class, their lives were filled with many mishaps. During this era of history, servants had a heavy load on their shoulders--many goods were to be crafted, while diligent peasants were off planting crops and doing such

The Limits Of Friendship By Maria Konnikova And We Are A...

The world we live in is a very competitive one. To be successful, in this world one needs to have the connections so that one can succeed in life. In â€Å"The Limits of Friendship† by Maria Konnikova and â€Å"We are a Camera† by Nick Paumgarten, we see that technology can help build these connections. It is through these connections that One way these connections help make people successful is through our close interpersonal connections, modern day technology, and social media. These three outlets are modems of opportunity because they allow people to connect in ways never thought possible. By using technology and utilizing your close support group, people can become successful on their way and in the professional world. Making strong connections with the right people can help build a life that benefits one’s future. Some of these connections come through people you can be extremely close to. The people that you are close to come within Dunbar’s number. This number is one created by Robin Dunbar which is â€Å"Then there’s the circle of fifteen: the friends that you can turn to for sympathy when you need it, the ones you can confide in about most things. The most intimate Dunbar number, five, is your close support group. These are your best friends (and often family members).† (Konnikova 236). An example of ones close support group would be the support group of John F. Kennedy, JFK. His main contributor in his support group was Joseph Kennedy Senior, JFK’s father, who was theShow MoreRelatedThe Go Pro Is Like Brownie And The Polaroid963 Words   |  4 Pagesit to a television set, a computer, or a camera. It can replay, slow down, show me things, and even retain information whenever it wants to. It s available to me if I need to input information like an computer I can. I can reminisce or daydream at any given time day or night just as if I was a camera, taking pictures. Our brain can capture and freeze and hold that thought or memory forever. Just like a computer or a camera. For instance, Nick Paumgarten a New York City writer relates The Go Pro

C.V. George and Company VS. Marshall Sons Free Essays

The Appellant humbly submits this memorandum for one appeal filed before this Honorable Court.. It sets forth the facts and the laws on which the claims are based. We will write a custom essay sample on C.V. George and Company VS. Marshall Sons or any similar topic only for you Order Now Statement of Jurisdiction of the Respondent The Respondent humbly submits this memorandum in response to the appeal filed before this Honorable Court.. It sets forth the facts and the laws on which the claims are based. Statement of Facts On 6th May, 1971, C. V George and Company, a contractor in Cochin, requested a quotation for the supply of one hot mix plant from Marshall Sons, a dealer in Hot Mix plants and Mini Crushers. The requested quotation was sent by Marshall Sons on 1 lath May, 1971. After a few days, on 21st June 1971, C. V. George and Company requested for a revised quotation which was sent by Marshall Sons on 29th July, 1971. C. V George and Company finally placed the order for one hot mix plant on 31st July, 1971. In their second quotation, Marshall Sons said that they would supply the hot mix plant within 3-4 months, subject to conditions beyond its control. To this quotation, the contractor sent a letter saying that according to their previous discussions, the hot mix plant should be ready by the last week of September. No reply affirming this condition was sent by the dealer. Nearly a month after the time within which C. V. George and company wanted to have the delivery of the plant, they received a letter from Marshall Sons stating that he plant would be ready for delivery in the middle of next month or even earlier and that they had requested their associate company to expedite delivery of the machine. On 22nd November, 1971 Marshall Sons informed C. V George and Company that due to the go slow policy adopted by the workers in the factory it would be impossible for its associate company to deliver the plan by the end of November and they would try to deliver it by 10th December, 1971. There was no further correspondence between the two parties and the plant was eventually supplied by Marshall Sons on 30th January,1972. Marshall Sons (plaintiff filed a case against C. V George and Company (defendant) in the trial court due to discrepancies between them. The objective of filing the case was to claim the amount for the supply of the hot mix plant from C. V George and Company whereas C. V. George and Company made a claim for damages under four counts, namely: (1) RSI. 2,000 being the cost of 12 volt electrical starter equipment with battery complete;(2) RSI. 321. 97 being the expenditure incurred towards the cost of materials and labor charges for welding and rectification of defects before the commission of the plant: (3) RSI. 2,000 being the value of 0. 75 ton of steel and (4) RSI. 8,175 being the hire charges for hiring plant from the Cochin Corporation. The trial court held that: (1) there was no consensus among the parties regarding the mime within which the hot mix plant was to be supplied, (2) C. V. George would receive an amount of RSI. 500 for the 12 volt electrical supply starter equipment and the other three claims would be set off, (3) even if for any reason, it is held that the amounts claimed under the other three clauses, do not amount to a plea of set off or counterclaim, the evidence adduced, has not established the claim made by the defendant. A decree was given in the favor of the plaintiff for a sum of 12,096 and at an interest rate of 6% annum from 27th’ January, 1971, till the date of plaint and proportionate costs. C. V George and Company appealed against this decree and judgment of the trial court in the high court. Questions Presented by the Appellant The following questions are presented before the court in the instant matter: 1) Whether time is to be considered an essence of the contract 2) Whether the contract was carried out by the respondent within a reasonable span of time 3) Whether the appellant is entitled to claim full amount for damages 4) Whether there was a breach of warranty Questions Presented by the Respondent Whether time is to be considered an essence of the contract 2) Whether the appellant is entitled to claim full amount for damages 3) Whether there was a breach Summary of Pleadings of the Appellant 1 . Whether time is to be considered an essence of the contract: Ordinarily, time is to be treated as an essence of commercial contracts, as stated by the Counsel for the appellant. Furthermore, when the appellant requested for the machinery to be supplied latest by the middle of September, 1971 , the subsequent replies of the respondent showed clear indication of acknowledgment of the time span, as well as the stipulated deadline. Therefore, the respondent has committed reach of condition of warranty under Section 59 of the Sale of Goods Act, by not supplying the hot mix plant by the middle of September, 1971. . Whether the contract was carried out by the respondent within a reasonable span of time: The appellant’s case states that the hot mix plant should have been supplied by the middle of September, 1971 and the respondent failed to fulfill his part of the contract as the plant was supplied on 30th January, 1972. The appellant further states that this delay was without any rea sonable or probable cause and hence the contract wasn’t fulfilled within reasonable time. 3. Whether the appellant is entitled to claim full amount for damages: The appellant’s case is that as the hot mix plant was not delivered within the time stipulated, it is entitled to claim damages amounting to 12,496. Due to the delay in the supply of the plant, the appellant had to incur losses. 4. Whether there was a breach of warranty: The appellant claims that there was a breach of warranty and tries to recover the amount he can. He is of the view that part (3) in section 12 of the Sale of Goods Act entitles him to raise a claim. Part (3) in section 12: ‘A warranty is a stipulation collateral to the main purpose of the contract, the breach f which gives rise to a claim for damages but not to a right to reject the goods and treat the contract as repudiated. ‘ Summary of Pleadings of the Respondent 1 . Whether time is to be considered an essence of the contract: The respondent had stated that the hot mix plant would be supplied within 3-4 months, subject to conditions beyond its control. Though the appellant wanted delivery of the hot mix plant in the middle of September, 1971, the respondent did not send any reply agreeing to the appellant’s stipulation. Marshall Sons sent out another correspondence on 22nd November, stating that in view of the go slow policy adopted by the workers in the factory for the past one month, it would not be possible for its associate company to deliver the plant by the end of November. No objection or protest was raised by the appellant in response to this. There was no consensus regarding the period within which the plant had to be supplied and thus, time was not to be considered as essence. 2. Whether the appellant is entitled to claim full amount for damages: The appellant aimed to collect its desired sum as compensation, of RSI. 12,496, by using Section 59 of the Sale of Goods Act. An important portion of this act states that if the appellant ants to claim compensation for any loss occasioned by the non-performance of the contract within the stipulated time and if the appellant accepts performance of the contract, he must issue notice to the respondent of his intention to claim damages. In this situation, the appellant issued the notice to the respondent on 8th December, 1971, which was long prior to the date when the goods were supplied to it and the performance of the contract was accepted by the appellant. Therefore, since the claim was not issued at the time when the appellant accepted the performance of he contract, the appellant is unable to resort to Section 55 of the Contract Act to sustain a claim for damages against the respondent. 3. Whether there was a breach of warranty: Granting for argument sake that time was essence of the contract and there was breach of contract by the respondent, even then Section 59 of the Sales of Goods Act cannot be attracted as the definition of â€Å"Condition and Warranty’ in Section 12 of the Sales of Goods Act is limited to stipulations in a contract of sale with reference to goods and stipulations with regard to time and other matters is outside the definition f Section 12 of Sales of Goods Act. Pleadings and Authorities 1 . Time is to be considered an essence of the contract: The Counsel for the appellant made its case by stating that time was of essence to this particular situation, and is treated as such for commercial contracts, in reference to two such decisions of the Supreme Court in Inhabit Parkas v. Durra Data and C. C. Exporters v. B. C. Mills. The appellant wrote to the respondent, requesting for the machinery to be supplied latest by the middle of September, 1971 , and following were the subsequent replies of the respondent showing clearly the acknowledgment f the time span, as well as the stipulated deadline. Therefore, the respondent has committed breach of condition of warranty under Section 59 of the Sale of Goods Act, by not supplying the hot mix plant by the middle of September, 1971. The remedy for breach of warranty under the Sale of Goods Act is as follows: (I) Where there is a breach of warranty by the seller, or where the buyer elects or is compelled to treat any breach of a condition on the part of the seller as a breach of warranty, the buyer is not by reason only of such breach of warranty entitled to reject he goods; but he may- (a) set up against the seller the breach of warranty in diminution or extinction of the price, or (b) sue the seller for damages for breach of warranty. It) The fact that a buyer has set up a breach of warranty in diminution or extinction of the price does not prevent him from suing for the same breach of warranty if he has suffered further damage. As per the case made, under the Sale of Goods Act, â€Å"(I)Where there is a breach of warranty by the seller, or where the buyer elects or is compelled to treat any breach of a condition on the part of the seller as a breach of warranty, the buyer is not by season only of such breach of warranty entitled to reject the goods; but he may (a)set up against the seller the breach of warranty in diminution or extinction of the price†, the Counsel for the appellant further contended that the appellant is entitled to claim by way of damages a total sum of RSI. 2,496. Of time: As already stated, the respondent has indicated under Exhibit 8-9 that it will supply the plant in about 3 to 4 months time from the date of receipt of order subject to conditions beyond its control. The appellant placed the order or 31st July, 1971. Three month’s time expired on 30th December, 1971. Even before the expiry of the period, the respondent wrote Exhibit A-6 the its associate company had advised that the plant will be ready for delivery in the middle of November, and it has advised its associate company to pay special attention and expedite delivery of the plant. The respondent again wrote under Exhibit A-7 stating that in view of the go-slow policy adopted by the workers in the factory of its associate company, there was a delay in the manufacture of the plant and it would be supplied before 10th December, 1971. The plant was ultimately delivered to the appellant on 30th January, 1972. Having regard to the time stipulated by the respondent under Exhibit 8-9 and having regard to the difficulties faced by its associate company, the details of which are stated both in Exhibits A-6 and A-9, there is absolutely no difficulty in holding that the respondent has performed the contract within a reasonable time. On a careful perusal of the correspondence between the parties as referred to above, it is seen that no time was fixed for performance of the contract. There was stipulation by the respondent under Exhibit 8-9 to deliver the plant in about three to four months’ time room the date of receipt of order Subject to conditions beyond its control and a suggestion by the appellant under Exhibit A-2 that the point regarding delivery should be brought to the personal notice of Mr.. Cellular and arrangements may be made to supply the plant by the middle of September, 1971. Thus, it can be seen that there was no consensus ad idem regarding the period within which the plant has to be delivered to the appellant. Hence the term reasonable time would signify any which period of time by which the plant has been delivered provided there is no delay due to circumstances arising because of inefficiency of the respondent. . Whether the appellant is not entitled to claim full amount for damages The appellant wished to claim set off for the sum of RSI. 12,496, under the following counts: 3. 1 For the first count the appellant asked to claim RSI. 2,000 being the cost of 12 volt electrical starter equipment, complete with battery. The trial Court allowed a sum of RSI. 500 under this count, while referring to the Sale of Goods Act where if there is a breach of warranty by the seller, or where the buyer elects or is compelled to treat any breach of a condition on the part of the seller as a breach of warranty, he buyer is not by reason only of such breach of warranty entitled to reject the goods; but he may set up against the seller the breach of warranty in diminution or extinction of the price. 3. The other three claims made by the appellant were denied on the basis of the Contract Act, under Section 55, where if the appellant wants to claim compensation for any loss occasioned by the non-performance of the contract within the stipulated time and if the appellant accepts performance of the contract, he must issue notice to the respondent of his intention to claim damages. It is therefore clear that if the appellant wants to claim damages by resorting to Section 55 of the Contract Act he must issue a notice to the respondent of his intention to claim damages at the time when he accepts performance of the contract. In the instant case, the goods were delivered to the appellant only on 30th January, 1972. The appellant issued its writing to the respondent on 8th December, 1971, which was long prior to the date when the goods were supplied to it and the performance of the contract was accepted by the appellant. Since the issue was not made at the time when the appellant accepted the reference of the contract, the appellant cannot resort to Section 55 of the Contract Act to sustain a claim for damages against the respondent. The next question for consideration is whether under Section 59 of the Sale of Goods Act, it is open to the appellant to treat any breach of a condition on the part of the respondent as breach of warranty and set up against the respondent the breach of warranty in diminution of the price. We have already held that time is not the essence of contract and there is no breach of condition on the part of the respondent. Even granting for argument’s sake that time was essence of the contract ND there was a breach of condition by the respondent, even then Section 59 of the Sale of Goods Act, cannot be attracted, as the definition of â€Å"condition and warranty† in Section 12 of the Sale of Goods Act is limited to stipulations in a contract of sale with reference to goods and stipulations with regard to time and other matters are outside the definition contained in Section 12 of Sale of Goods Act. Section 59 of the Sale of Goods Act states that – 12. Condition and warranty. – (1) A stipulation in a contract of sale with reference to goods which are the subject thereof may be a condition or a warranty. 2) A condition is a stipulation essential to the main purpose of the contract, the breach of which gives rise to a right to treat the contract as repudiated. (3) A warranty is a stipulation collateral to the main purpose of the contract, the breach of which gives rise to a claim for damages but not to a right to reject the goods and treat the contract as repudiated. 4) Whether a stipulation in a contract of sale is a condition or a warranty depends in each case on the construction of the contract. A stipulation may be a condition, though called a warranty in the contract. It can be noted that section 59 is not applicable as this contract is not stipulated by time or any other such conditions except that it should be completed in reasonable time. Hence it falls outside of the definition of the act and there is no breach of CAS E ANALYSIS The C. V. George and Company vs. Marshall Sons case, is one of appellate Jurisdiction in the High Court as a result of a previous case filed by Marshall Sons against C. V. George and Company. The trial court came to the conclusion that C. V. George and Company was entitled to receive a claim of only RSI. 500 as opposed to their former claim for RSI. 12,496. It ruled in favor of Marshall Sons by announcing a decree for a sum of RSI. 12,096 at 6% interest per annum, from 27th January till the date of plaint and proportionate costs. Aggrieved by this Judgment of the trial court, C. V George and Company filed an appeal in the Madras High Court. The learned counsel for the appellant relied major on the fact that time is of the essence in commercial contracts and that by failing to meet the deadline, Marshall Sons have breached an important condition of the contract and under Section 59 of the Sale of Goods Act, it is open to the appellant to treat a breach of condition as breach of warranty and set p against the respondent the breach of warranty in diminution of the price. The appellant also stated that this entitled it to claim damages under four counts and those amounts should go in diminution of the price claimed by the respondent for the supply of the hot mix plant. After careful consideration, it was clear to the court that there was no actual consensus between the parties regarding the time of the delivery. C. V. George and Company expected to receive the plant by mid September whereas Marshall Sons spoke about supplying the plant within 3-4 months after the interact was signed ( 31st July, 1971). Marshall Sons later said that due to the ‘go slow policy adopted by the workers, they wouldn’t be able to supply it earlier than what they had committed. No objections were raised by C. V George and Company. The plant was finally delivered on 30th January, 1972. We see that, due to the fact that there was no proper agreement about the time between the two parties, Marshall Sons have a stronger case as the court ruled that time was not of the essence for this contract. Keeping in mind all the obstacles faced by Marshall Sons in the delivery of his plant and the stipulated time of 3-4 months the court ruled that the plant was delivered within a reasonable time frame. The case for Marshall Sons Just gets stronger as the contractor isn’t entitled to make a claim for damages. If the appellant wants to claim damages by resorting to Section 55 of the Contract Act he must issue a notice to the respondent of his intention to claim damages at the time when he accepts performance of the contract which was not done in this case. Further, under section 59 of the Sale of Goods Act, the appellant can treat any breach of a condition n the part of the respondent as a breach of warranty in diminution of the price but this cannot be used in the favor of the appellant in this case. It has already been established that time was not an essence of contract in this case. Section 12 of the Sale of Goods Act states that the condition of warranty is limited to stipulations in a contract of sale with reference to goods and stipulations with regard to time and other matters are outside the definition contained in that section. As a result, the High Court of Madras confirmed the trial and decree of the trial court. C. V. George ND Company had to make the payment they owed and would receive only RSI. 00 for one of their claims. Marshall Sons had a stronger case to present in both, the Trial Court as well as the High Court. How to cite C.V. George and Company VS. Marshall Sons, Papers