Therefore pain treatment center hazard ky purchase rizatriptan 10 mg without prescription, in an attempt to recover their loss knee pain treatment kansas city generic 10mg rizatriptan free shipping, they sued Brown Shipping for the return of the cash pain management senior dogs order rizatriptan 10mg otc. They argued that they were entitled to the return of the cash because they had made a mistake as to the identity of the person with whom they were dealing pain treatment center colorado springs co discount rizatriptan 10mg visa. The judge held that if there was a mistake back pain treatment uk purchase rizatriptan 10mg otc, it related to the identity of the messenger who delivered the draft to Brown Shipping bayhealth pain treatment center dover de buy 10 mg rizatriptan. In order for the delivery to be void, Citibank and Midland would have to show that the identity of the messenger was of vital importance. In addition, even if there were a mistake of identity, Citibank and Midland would be estopped from relying on it because in relation to the transactions in question, they had both assured Brown Shipping that the drafts were not forgeries and that they had been issued in the ordinary course of business. Offeree knows offer is not meant for him There is a similar category of cases which do not, however, involve mistaken identity: simply the purported acceptance of an offer which the offeree knew that the other party did not intend to make. Initial negotiations for the sale of hare skins were conducted at a price per piece. When a formal offer was made this was at a price which was stated to be per pound (there are several pieces to the pound), though it was appropriate to the price which had been mentioned per piece. The offeror, realising his mistake, contended that the contract should be set aside. The judge agreed on the grounds that, to the knowledge of the offeree, the offeror had made a mistake. Sometimes the written agreement fails to reflect accurately the prior verbal agreement. In such a case, equity may rectify the written document so that it expresses correctly the terms agreed by the parties. In Joselyne v Nissen (1970), the plaintiff suggested to his daughter that she should take over his car-hire business. If she accepted, she would pay all the household expenses of the house which they both shared. A formal contract was entered into by virtue of which the defendant took over the business. After honouring the informal verbal agreement to pay the household expenses for a time, she eventually refused to continue payment. The defendant argued that there had been no antecedent contract in which such liability had been agreed. The court rejected her argument and ordered rectification of the contract relating to the acquisition of the car-hire business. However, equity will not rectify a document if it represents the agreement correctly even though the agreement was based on the incorrect assumption of both parties. R did not know what feveroles were and asked their own supplier what they were and whether they could supply them. Held: rectification would not be granted since the written agreement accurately recorded the verbal one. Documents mistakenly signed Where a party mistakenly signs a contractual document, he may plead non est factum (it is not my deed), thus escaping from the consequences of the contract providing: (a) the document which is signed is radically different from that which he intended to sign; and (b) he was not careless in signing the document. In these cases, we are faced with the familiar problem of which of two innocent parties should suffer for the wrongdoing of a third. The typical scenario is that a rogue obtains the signature of an innocent party, by fraud, to a document 289 Law for Non-Law Students which allows him to obtain money from a third party on the strength of the document. The general rule of English law is that if you sign a document you are bound by its terms whether you read it or understand it or not. Thoroughgood had been told that the effect of the deed was to relieve the tenant of land owned by Thoroughgood from arrears of rent. In fact, it gave the tenant rights in the land which enabled him to sell it to an innocent third party. The exception has subsequently been extended to benefit persons who can read, but have nevertheless been duped into signing a document which they did not intend to sign. Here, Mrs Gallie, a widow aged 78, agreed to make a deed of gift of her house to her nephew, to whom she had left the house in her will, so that he could raise money on the security of the house. She did as she was asked without reading the document, as she had broken her glasses. The deed was not a deed of gift but an assignment of her leasehold interest in the house to Lee. Lee borrowed money from the building society on the strength of the document and then defaulted on the repayments. To do so, she would have had to have shown: 290 Chapter 12: Mistaken Identity and Mistakes with Documents (a) the document which she signed was radically different from that which she intended to sign; and (b) she was not careless in signing the document. The deed of gift which Mrs Gallie intended to sign was not radically different in nature from the assignment which she in fact signed. In addition she had been careless in signing the document, since, although the document was full of legal intricacies, she could have ensured that the person named in the document was the person she intended to benefit. As a general rule, although a minor may become liable on a contract, a minor is not bound by any contract to the same extent as an adult would be. The extent and nature of the liability of a minor depends upon the type of contract under discussion. He added: But in all these cases it must first be made out that the class itself is one in which the things furnished are essential to the existence and reasonable 293 Law for Non-Law Students advantage and comfort of the infant contractor. Thus, articles of mere luxury are always excluded, though luxurious articles of utility are sometimes allowed. The jury found that the articles were necessaries but the court set aside the verdict as there was no evidence on which it could be based. In Chapple v Cooper, an infant widow was liable to pay for the funeral of her late husband. In Peters v Fleming (1840), the court refused to disturb a verdict by the jury that a gold watch chain and other items of jewellery were necessaries to a minor undergraduate. If the minor is already suitably supplied with a particular item, then even though the supplier does not know this, the item does not qualify as a necessary. Thus, there would be no question of a minor being liable for damages as a result of his refusal to take delivery of goods he had contracted for-again, unlike the liability of an adult in similar circumstances. It seems that where the necessaries are goods, the quasi-contractual argument is to be preferred. Where the necessaries are not goods, the question of the basis of liability has been rendered somewhat more difficult by the case of Roberts v Gray (1913). In this case, a minor was held to be liable on an executory contract for education-though it is at least arguable that this was, in reality, a beneficial contract of service in respect of which an executory contract is binding. Gray wanted to become a professional billiards player and made a contract with Roberts whereby R and G would accompany each other on a world tour and play matches together. R expended much time and trouble on the preparations and incurred some liabilities. Held: the contract was of the type that could be binding on the minor since it enabled him to earn a living and that the contract was beneficial, despite the fact that, as carried out, it brought the minor into disrepute: `. In Doyle v White City Stadium (1935), a minor boxed under a contract which provided that if he was disqualified he lost. Held: the contract was beneficial since the contract provided him with a means to earn his living and clean fighting was in the interest of everyone. In De Francesco v Barnum (1890), a girl of 14 bound herself by apprenticeship deed for seven years to the plaintiff to be taught stage dancing. The plaintiff did not bind himself to find her engagements or to maintain her while she was unemployed. The principal examples of such contracts are contracts concerning land, partnership contracts, contracts to take shares in companies and marriage settlements. Held: the money was recoverable, since there had been a total failure of consideration. The intended husband, an infant at the time of the settlement, executed a deed binding him to vest in the trustees all the property he might acquire under the will of his father. The effect of repudiation is to relieve the minor of future liabilities: Steinberg v Scala (Leeds) (1923), in which P, an infant, applied for shares in a company and paid the amounts due on allotment and first call. She neither received dividends nor attended any meetings of the company and the shares appear always to have stood at a discount. Eighteen months after the allotment, while still an infant, she repudiated the contract and claimed to recover what she had paid. By allotting the shares, the company had done all it had bargained to do by way of consideration. There is some doubt at to whether the minor remains liable for accrued liabilities, though the better opinion is that he does not: in North Western Railway Co v McMichael (1850), a minor subscribed for shares and an action was brought to recover money in respect of a call on the shares. D pleaded that he had not ratified the purchase and had received no benefit under it. The minor can recover money paid or property transferred only if there has been a total failure of consideration: contrast Corpe v Overton (above) with Holmes v Blogg (1818), in which an infant paid a sum of money to a lessor as part of the consideration for the lease of premises in which he and his partner proposed to carry on their trade. He occupied the premises for 12 weeks but the day after he became of age he dissolved the partnership, repudiated the lease and left the premises. There was no total failure of consideration since he had received the thing he had bargained for. He was not liable in tort, since to allow him to be sued for negligence rather than for breach of contract would simply have been an indirect way of enforcing the contract. If the minor acts outside the parameters of the contract tort can be used against him: Burnard v Haggis (1863), in which, contrary to the express instructions of the owner, a horse hired for riding was used for jumping. Held: the minor was liable in tort because the action he had done was outside what was contemplated by the contract. See, also, Ballet v Mingay (1943), where an action for detinue to return borrowed articles which the borrower had unauthorisedly lent to a friend succeeded on similar grounds. Contrast Stocks v Wilson (1913), in which a minor obtained goods on credit by misrepresenting his age and sold them. Held: although he could not be sued in tort for the value of the goods, he was accountable in restitution for the proceeds of the sale. It would seem that Leslie v Shiell can be reconciled with Stocks v Wilson on the basis that, in Leslie v Shiell to have forced the minor to repay the loan out of his general assets would inevitably have been to enforce the contract. However, in Stocks v Wilson, the minor was not made to pay the contract price for the furniture which he bought, but merely to account for the proceeds of the re-sale. It simply means that the law regards the purpose of the contract to be unworthy and will, therefore, not lend itself to the enforcement of the contract. If a contract is illegal, there is a general rule that no legal action will be permitted in order to enforce it (for those who like Latin, this is expressed as ex turpi causa non oritur actio-from an unworthy cause no right of action arises). Similarly, if the contract is illegal, not only may it not be enforced, in the sense that no action for damages will be entertained but, in addition, no action will be permitted in order to recover property transferred or money paid under the contract. This is expressed by another Latin maxim: in pari delicto potior est conditio defendentis-where the parties are equally to blame, the position of the defendant is the better. Illegal contracts can be divided into three categories: contracts which involve a breach of the criminal or civil law; contracts contrary to public policy; contracts in restraint of trade (strictly speaking these are not a separate category-some breach the criminal law and some are contrary to public policy). We will not examine wagering contracts since they are of interest to only a very small proportion of the business world. Legal actions which seek to enforce the worst types of crime, such as contract killing, never come before the courts to be enforced, for fairly obvious reasons. If, however, someone who had been convicted of such a killing tried to enforce his right to the price for the killing, he would fail on the grounds that the contract was illegal. Exchange control regulations, enacted by the Exchange Control Act 1947, were in force which made it a criminal offence to buy more than a small amount of foreign currency or to export more than a small amount of sterling for the purposes of tourism. Held: the parties were equally to blame and therefore the court would not intervene to help D. Contracts which result in a crime being committed because they are performed illegally Such contracts are illegal if the purpose of the law is to prohibit such contracts. If, however, the illegality is incidental to the contract, the court will enforce it. P failed to give D an invoice showing the percentages of certain chemicals contained in the fertiliser. This was required by statute, which was passed for the protection of a class of the public, including the purchaser. Held: P could not recover the price since he had not performed the statute in the only manner permitted by the statute. D withheld a proportion of the cost of the freight, equivalent to that represented by the overload. It was argued that the agreement was, therefore, a nullity and void since the Act prohibited unlicensed persons from dealing in securities. Held: the purpose of the Act was to protect the investing public by imposing criminal sanctions on those who dealt in securities without a licence. The public interest was 300 Chapter 14: Illegality fully met by sanctions imposed by the statute and neither the words of the Act, nor the type of prohibitions imposed (which were directed against the persons making the deals, not the deals themselves or the contracting parties) showed any parliamentary intention that deals should be struck down or rendered ineffective.
Analyzes and repairs ground support equipment using conventional and digital multimeters pain treatment hypnosis rizatriptan 10mg sale, voltmeters west virginia pain treatment center morgantown wv cheap 10 mg rizatriptan overnight delivery, ohmmeters pain management treatment guidelines order 10 mg rizatriptan otc, oscilloscopes pain medication for the shingles discount 10 mg rizatriptan free shipping, circuit card testers and hand tools pain management after shingles 10mg rizatriptan amex. Stores prescription pain medication for shingles purchase rizatriptan 10mg otc, handles, uses, and disposes of hazardous material and waste according to environmental standards. Interprets and implements policy directives and instructions pertaining to maintenance, including environmentally safe maintenance practices. Determines resource requirements, including facilities, training, equipment, and supplies. Inspects maintenance activities, evaluates resource use, and recommends corrective actions. Knowledge is mandatory of: principles of electricity, electronics, general mechanics, heating, refrigeration, pneumatics, hydraulics, and reciprocating and turbine engines; troubleshooting, inspecting, repairing, and modifying equipment; use of automated maintenance systems; application of maintenance management techniques; interpretation of maintenance directives, technical publications, drawings, wiring diagrams and schematics; and proper identification, handling, use, and disposal of hazardous waste materials. For entry into this specialty, completion of high school with courses in general science and industrial arts is desirable. Manages maintenance functions in aircrew egress systems and aircraft fuel, in-flight refueling, hydraulic, electrical and environmental systems. Interprets and implements maintenance directives and publications, including environmentally safe maintenance practices. Analyzes maintenance reports of egress, fuel, inflight refueling, hydraulic, and electrical and environmental aircraft systems. Coordinates with supply, operations, and other activities to improve procedures and resolve problems. Directs maintenance personnel employed in removing, disassembling, inspecting, repairing, reassembling, installing, testing, and modifying egress, fuel, hydraulic, in-flight refueling, and electrical and environmental aircraft systems and components. Knowledge is mandatory of: mechanical principles; electrical, fuel, hydraulics, egress, and pressure systems; concepts and application of maintenance directives; interpreting wiring and schematic diagrams, blueprints, and technical publications; and proper handling, use, and disposal of hazardous waste and materials. Also, experience is mandatory directing functions such as installing, maintaining, repairing, overhauling, or modifying aircrew egress systems; aircraft fuel and in-flight refueling systems; aircraft and equipment hydraulic systems; or aircraft and equipment electrical and environmental systems. Advises on and solves installation, maintenance, and repair problems by studying schematic and technical publications. Implements maintenance and safety policies for egress systems and integral egress system components to include personnel parachute assemblies and survival kits. Performs operational and functional tests of egress systems, subsystems, and components using test equipment and test kits. Inspects egress systems, subsystems, and components for safety, security, and serviceability. Handles, labels, and disposes of hazardous waste and materials according to federal and local environmental standards. Knowledge is mandatory of mechanical, pneumatic, and electrical principles applying to aircrew egress systems; concepts and application of applicable maintenance directives; and using and interpreting schematic drawings, and technical publications. For entry into this specialty, completion of high school with courses in general science or mathematics is desirable. Also, experience in functions such as removing, inspecting, installing, repairing, and modifying aircrew egress systems and components. Also, experience performing or supervising functions involved in maintaining and inspecting egress systems and subsystems. Removes, repairs, inspects, installs, and modifies aircraft fuel systems including integral fuel tanks, bladder cells, and external tanks. Advises on aircraft fuel systems removal, repair, and installation maintenance procedures and policies. Recommends corrective actions and resolves problems using technical publications and analytic techniques. Removes access panels, and depuddles, purges, repairs, and tests fuel tanks and cells. Prepares aircraft surfaces, and applies sealants, adhesives, and associated chemicals. Cleans fuel cells and tanks, and inspects for foreign objects, corrosion, cell deterioration, and fungus. Knowledge is mandatory of: internal hardware such as valves, interconnects, lines, gauges, controls, pumps, and other attachments; sealing materials; sheet metal parts; rubber properties and organic sealing compound applications; layout drawing use; technical publications; concepts and applications of maintenance directives; work policies and procedures; and proper handling, use, and disposal of hazardous waste and material. For entry into this specialty, completion of high school with courses in general science or physics is desirable. Also, experience in functions such as installing, repairing, or modifying aircraft fuel systems and related components. Also, experience supervising functions such as installing, repairing, or modifying aircraft fuel systems. Determines maintenance procedures and performance characteristics using technical publications. Overhauls, repairs, adjusts, aligns, and tests hydraulic system and sub-system components. Uses hydraulic, pneumatic, electrical/electronic principles and fundamentals, technical orders, and schematic diagrams to isolate malfunctions. Records pertinent data on equipment maintenance data collection forms and enters data into Maintenance Information Systems. Handles, labels, and disposes of hazardous materials and waste according to federal, state and local environmental standards. Knowledge is mandatory of: electrical/electronic, and mechanical principles applying to aircraft hydraulic systems; concepts and application of maintenance directives; use and interpretation of schematic/wiring diagrams, blueprints, and technical orders; and proper handling, use, and disposal of hazardous waste and materials. For entry into this specialty, completion of high school with courses in basic electronics, mathematics, general science and mechanics is desirable. Performs and supervises aircraft electrical and environmental (E & E) functions and activities. Troubleshoots, inspects, removes, installs, repairs, modifies, overhauls, and operates integrated E & E systems, components, and associated support equipment. Inspects, troubleshoots, and maintains aircraft E & E systems, subsystems, components, and associated test equipment. Performs off-equipment maintenance on E & E system components and associated test equipment. Included are control, protection, caution, and warning panels; lighting equipment; frequency and load controls; anti-icing controllers; inverters; voltage regulators; nose wheel steering and anti-skid amplifiers; generators and integrated drive generators; actuators, relays, motors, and valves; lighting equipment; fire and overheat panels; fire extinguishing equipment; aircraft batteries; aircraft oxygen system components and special equipment testers. Knowledge is mandatory of: electrical, electronic, and mechanical principles relating to E & E systems; concepts and application of maintenance directives; meaning of symbols used in wiring diagrams, blueprints, and schematics; and proper handling, use, and disposal of hazardous waste and materials. For entry into this specialty, completion of high school with courses in basic electronics, mathematics, general science, and mechanics is desirable. Manages activities to accomplish aircraft structural maintenance, metals technology, and nondestructive inspection. Interprets and implements directives and publications pertaining to fabrication and airframe maintenance, including environmentally safe practices. Determines resource requirements, including personnel, equipment, facilities, and supplies. Directs maintenance personnel employed in removing, disassembling, inspecting, repairing, treating corrosion, reassembling, installing, testing, and modifying aircraft structural components, survival equipment, and local manufacture activities. Solves fabrication, airframe, maintenance, local manufacture, and support equipment repair problems. Evaluates completed work to determine operational status and compliance with directives, policies, and work standards. Manages resources, interprets inspection findings, and recommends corrective action. Knowledge is mandatory of: aircraft structural maintenance, metals technology, survival equipment, and nondestructive inspection methods; characteristics and identification of aerospace and non-aerospace materials; concepts and application of maintenance directives; maintenance data reporting; and proper handling, storage, use, and disposal of hazardous waste and materials. Also, experience is mandatory managing structural maintenance, metals technology, or nondestructive inspection specialties and functions. Designs, manufactures, or modifies special precision tools, gauges, dies, and fixtures to facilitate metal working operations. Performs metals technology shop calculations such as determining cutting speeds and settings, welding processes, and preheat and postheat requirements. Checks completed components and determines serviceability in accordance with drawings and specifications. Disassembles, assembles, and fits component parts using machine screws, bolts, rivets, press fits, and welding techniques. Uses metal working equipment, tools, and supplies to produce surface finishing specifications for components. Ensures lock out and tag out procedures are accomplished prior to maintenance on all equipment. Uses and disposes of hazardous waste and materials according to environmental standards. Knowledge is mandatory of: metal repair and fabrication processes; composition of metals and machinable materials; weld specifications; metal tempering; forging; mechanical drawings; use of precision measuring devices and tools; metal fabricating by oxyacetylene, metallic arc, and inert gas shielded arc; operation and capacity of metal working and welding equipment; use and fabrication of layout and fixture devices; safety codes and practices regarding equipment and supplies; hazards of explosive gasses, hazardous rays, and fumes; and proper handling, use, and disposal of hazardous waste and materials. For entry into this specialty, completion of high school with courses in shop mathematics, metal working, or mechanical drawing is desirable. Also, experience in functions such as gas and electric welding, boring, milling, shaping, grinding metal, or using precision measuring devices. Also, experience performing or supervising functions dealing with welding, using precision measuring devices, and machining. Inspects aerospace weapon systems components and support equipment for structural integrity using nondestructive inspection methods and performs fluid analysis. Determines test method, and prepares fluids and parts for nondestructive inspection. Interprets nondestructive inspection test results, and provides information about defects to repair center. Analyzes wear metal content on engine lubricating oil and other fluids, and recommends corrective action. Computes and monitors personal exposure areas for radiographic operations, and monitors personnel exposure data. Detects flaws such as cracks, delaminations, voids, processing defects, and heat damage using penetrant, eddy current, magnetic particle, radiographic, optical, and ultrasonic test equipment. Determines metallurgical information of components according to alloy, temper, conductivity, and associated factors. Ensures lock out and tag out procedures are accomplished prior to maintenance on equipment. Knowledge is mandatory of: characteristics of metals identification; wear metals identification and content; metal discontinuity and flaw detection; operation and maintenance of nondestructive test and oil analysis equipment; safety codes and practices; radiological safety and radiation monitoring procedures; technical orders and directives; and proper handling, use, and disposal of hazardous waste and materials. For entry into this specialty, completion of high school with courses in mathematics, chemistry, industrial technology, physics, and shop is desirable. Also, experience flaw detection process controls, equipment calibration and maintenance, safety directives, and hazardous waste programs. Also, experience supervising functions such as those involved in a nondestructive inspection laboratory. Designs, repairs, modifies and fabricates aircraft, metal, plastic, composite, advanced composite, low observables, and bonded structural parts and components. Assembles structural parts and components to meet requirements for preserving structural integrity and low observable qualities. Checks repairs for serviceability according to specifications and technical publications. Uses metalworking equipment and tools to form, cut, bend, and fasten replacement or repair parts to damaged structures and components. Performs operator maintenance and service inspections on shop equipment and tools. Ensures lockout and tagout procedures are accomplished prior to performing shop equipment maintenance. Stores, handles, and disposes of hazardous waste and materials according to environmental standards. Knowledge is mandatory of: aircraft construction features; identification and characteristics of aerospace materials; repair of metal, tubing, cable, plastic, fiberglass, bonded honeycomb, and composite structural components; shop drawing and sheetmetal layout techniques; shop mathematics; corrosion identification, removal, repair, and prevention; cleaning of metals; application of protective coatings, low observable materials, and markings; proper use, mixing, and storage of acids, solvents, alcohol, caustics, primers, and paints; and proper handling and disposal of hazardous waste and materials. For entry into this specialty, completion of high school with courses in mathematics, algebra, chemistry, physics, mechanical drawing, and metal working is desirable. Also, experience in functions such as fabricating, repairing, assembling, or installing aircraft metals, plastics, fiberglass, composites, or honeycomb parts; or corrosion identification, removal, and applying coatings and markings. Also, experience supervising functions dealing with corrosion identification, prevention, and repair; applying protective coatings and markings; or fabricating, assembling, and repairing metal, fiberglass, composites, honeycomb, and plastics. Repairs low observable and metallic structural parts and components to meet requirements for preserving structural integrity. Advises on structural and low observable repair, modification, and corrosion protection treatment with respect to original strength, weight, and contour to maintain structural and low observable integrity. Repairs low observable treatments on polycarbonate transparencies using edge sealing compounds, adhesives, primers, and conductive films. Identifies, removes, and treats corrosion using mechanical and chemical procedures. Removes low observable finishes and treatments by sanding, scraping, cutting, gouging, and pulling, using manual and powered methods. Sands surface finishes to specified depths and widths to prepare them for proper reapplication of finishes using manual and powered methods. Determines extent of damage and/or scope of task and performs finish and treatment removal tasks accordingly. Removes panel, door, and skin fasteners to gain access to aircraft interior and replaces fasteners following maintenance. Cleans aircraft exterior surfaces and gaps to prepare them for filler treatments, fairing materials, and other follow-on maintenance. Mixes multi-part adhesives, sealants, fillers, fairing materials, and organic topcoats. Uses maintainer-fabricated enclosures with environmental control units, heaters, and climate control equipment to stabilize repair sites.
One must continually learn new things in order to be able to solve real engineering problems breast pain treatment vitamin e buy generic rizatriptan 10mg. An engineering education only begins in college and is far from complete at graduation elbow pain treatment bursitis purchase rizatriptan 10 mg online. Lacking a computer-based model pain treatment center of the bluegrass ky buy generic rizatriptan 10mg line, you will be faced with redoing your calculations from scratch for each iteration pain treatment center in hattiesburg ms purchase rizatriptan 10 mg on line, which is not a pleasant prospect pain medication for dogs after tooth extraction order rizatriptan 10 mg visa. A single-cylinder pain treatment centers of america little rock rizatriptan 10mg online, two-stroke engine with flywheel is coupled through a clutch (that can be disengaged to start the engine) to a gearset to reduce the engine speed and boost its torque appropriately. Figure 9-1 shows the engine mounted on a base (which could be on wheels) with its output shaft connected via a clutch to the input shaft of a gearbox. The gearbox contains a single gearset to reduce the high engine speed to a lower one suitable for the compressor. The output shaft from the gearbox is connected via a coupling to the crankshaft of the compressor. The cross section of the compressor shows the active exhaust valve driven by a cam-operated pushrod and rocker-arm train. The valve spring on the exhaust valve must be strong enough to keep the follower in contact with the cam. The compressor will dictate the loads on the elements between the engine and itself, so some information is needed on the load-time characteristics of the compressor. The shafts, couplings, bearings, and gears that deliver the power from engine to compressor will be the principal elements to be designed in this case study. The piston weight is 1 lb, the connecting rod weighs 2 lb with its center of mass at the 1/3 point from the big end. A second scale is shown on the ordinate giving gas force Fg in addition to the gas pressure p for this problem. This is a reasonable assumption for the steady-state condition, since the engine driving it is governed and has a flywheel to smooth its own speed oscillations. These force and torque functions define the timevarying loading that the shafts, couplings, and gears will feel and are thus a starting point for their design. Because of the time variation of the loads, all the parts will be subjected to fatigue loading and must be designed accordingly, using the theories outlined in Chapters 6 and 7. An electric motor is coupled to a worm-wheel gearset to reduce its speed and boost the torque appropriately. The gearbox output shaft is coupled to the winch-drum shaft, and both turn in bearings to be selected. The drum serves as a capstan around which is wound a rope that has a forged hook at its end. The entire winch assembly will ultimately be suspended from the rafters in the hayloft above a central floor-hatch. The electric motor is reversible, and the worm-wheel set must be designed to be self-locking in order to hold the load when the motor is unpowered. The above problem statement is very unstructured, as it gives no information about the size and weight of a hay bale nor what number of bales should be lifted at a time for the best efficiency. These considerations in combination with the choice of winchdrum diameter will determine the torque requirements that the drive train will have to meet. The dynamic loading at start-up will be modeled using a differential-equation solver. C A S E S T U D Y 9 A Preliminary Design of a Winch Lift Problem Determine the force-time function in the lifting cable, the necessary drum diameter, and the torque-time function acting on the shaft of the winch drum during any 1 cycle. Nylon rope of 3/4 in dia has a minimum break strength of about 8 000 lb and a spring constant of about 50 000 lb/in per ft of length in axial tension. Given Assumptions Solution 9 1 the nominal load depends on the number of bales to be lifted at one time and the weight of any structure used to support the bales. To unload 100 bales from the truck, one at a time in 30 min, requires that the average bale rate be 100 / 30 = 3. Since some of this time must be used to return the empty lift to the ground, we cannot use the entire 18 sec to lift the load. We must also allow some time for manual loading and unloading of the bales at top and bottom. The portion of the total period during which the mechanism is working is called its duty cycle. This doubles the period to 36 sec, doubles the time available for lifting to 12 sec, and halves the average velocity to 2 ft/sec, still keeping the same duty cycle. The dead load will be the weight of the rope, hook, and any platform or structure used to support the bales. The total nominal load will then be 170 lb for the lift phase, and 50 lb for the lowering phase. However, at startup, the load can be significantly higher due to the need to accelerate the load to its steady-state velocity and due also to the fact that there are both spring and mass in the system. A combination of spring and mass in a dynamic system allows oscillations to occur as the kinetic energy of the moving mass is transferred to potential energy in the elastic spring and vice versa. When the slack in the rope is suddenly taken up against the mass of the load, the rope will stretch, storing potential energy. Thus, as it starts up, the force in the rope can oscillate from zero to some value significantly greater than the steady-state nominal load. To calculate the dynamic loading requires writing and solving the differential equations of motion for the system. Figure 9-5b shows the system modeled as a lumped mass supported by a spring and a damper. We will assume that its ratio of actual damping to critical damping, z, is about 10% (0. The acceleration of the load over the first second of operation is shown in Figure 9-6a. Note that the tension force rises to over four times the nominal load on the first oscillation and then drops to zero as the rope goes slack, since it cannot support a compressive force. This pattern repeats for 3 cycles, at which point the damping has reduced the oscillations to the point that the rope is always in tension. A large drum diameter will increase the required torque and increase the package size. Since T = Fr, the torque required on the shaft will then be 10 times the tension in the rope (using in-lb) and will have the same time variations as shown in Figure 9-6b. To raise a 170-lb load 24 ft in 12 sec requires P= 170 lb (24 ft) ft - lb = 340 = 0. It is desirable to keep it at or below this level since larger horsepower motors will require higher voltage than 110 V. Rather than size the motor to accommodate the transient start-up load, another approach is to provide sufficient flywheel effect in the system to supply the transient pulse of energy to get it past the start-up phase. It is possible that the rotational inertia of the drum and worm gear will supply enough flywheel effect, assuming that the winch is up to speed before the slack is first taken out of the rope. These speeds come about from the line-frequency-synchronous speeds of 1 800 rpm and 3 600 rpm minus some slippage in these nonsynchronous motors. To minimize the gear ratio in the wormset, we should choose the slower of the two standard speeds, or 1 725 rpm. This ratio is obtainable in one stage of a worm-wheel combination, and so is feasible. A 3/4-in rope is capstan-wound around the drum and its forged hook attached to a platform that weighs no more than 50 lb and stably supports two hay bales of up to 60 lb each. Some of the components of this case study will be addressed in the ensuing chapters as the relevant topics such as shafts, gears, bearings, etc. Note that though the load is relatively steady with time in this device, the oscillations at start-up and the repeated cycles of use make this a fatigue-design problem, as virtually any machine will be. The parts are subjected to fatigue loading and must be designed accordingly, using the theories outlined in Chapters 6 and 7. Instrumentation will be provided to measure the dynamic forces and accelerations of the cam-follower. The mounting of the 1-in rise test cams can be custom designed to fit the test machine. The rotational speed is to be as high as possible without causing any follower jump. This is also an unstructured problem statement that allows the designer a great deal of latitude in respect to the solution. We will now attempt to further bound the problem with assumptions and preliminary calculations in order to allow a more detailed design to take place. Determine the force-time function acting on the follower and the torque-time function on the camshaft during any one cycle. The four-dwell cams have a minimum diameter of 6 in and a maximum diameter of 8 in. Plain bearings must be used throughout, since rolling-element bearings introduce too much noise. This avoids the use of keyways, which can introduce vibration and noise on torque reversal. A dowel pin at a large radius keys the cam to the hub to establish a zero position. This spring must be detensioned and removed to replace a cam and then retensioned for the new cam. The cover, which is pivoted at the follower-arm pivot, applies tension to the spring when closed and releases it when opened. The electronics for motor control and instrumentation are contained within the base. The acceleration function multiplied by the effective mass of the follower is one component of the dynamic force needed for stress calculations. The dynamic system of cam and follower can be modeled as a linearized, lumped-parameter, single-degree-of-freedom system as shown in Figure 9-10. A portion of the moving follower mass is then considered to be lumped at the roller so as to be dynamically equivalent. The spring constant k times the deflection y is added to whatever initial force Fpl was created by preloading the spring at installation. The value of m will depend on our design of the follower arm and anything attached to it as moving mass, such as the roller. The value of the damping factor c is sometimes difficult to predict, and the usual way to estimate its value is to define an expected damping ratio for the type of system and calculate damping from c = 2 m n where n = k m (b) 9 Koster[4] found that a typical value of for cam-follower systems is about 0. We will later design a suitable spring for this system that will provide appropriate values for these variables. Note that we cannot numerically calculate the dynamic load on the system until we have preliminary designs of the moving parts in order to define their masses. At that point we can define a desired spring k and Fpl and then try to design a viable spring that delivers those values. Figure 9-11a shows the effect on the dynamic force F(t) of a too-small combination of k and Fpl. A cam-follower joint cannot deliver a negative (tension) force any more than the rope of the previous case study could support a compressive force. Thus the spring constant and preload must be increased in some combination until the dynamic-force function remains positive throughout the cycle, as shown in Figure 9-11b. The distance from pivot to roller follower is 12 in with a 10 in extension beyond the pivot for balance. The effective mass of the follower arm reflected to the roller centerline, plus the mass of roller and its pivot, is 0. Using this value of effective mass and applying a spring constant at the end of the arm of k = 25 lb/in and a spring preload Fpl = 25 lb (which translates to effective values of k = 56. The peak dynamic force is 110 lb and the minimum force is 13 lb at the cam follower. The coefficient of fluctuation Cf for this flywheel is found by integrating the torque-time function of Figure 9-13, pulse by pulse, to find the maximum energy oscillation E over one cycle. The shape of the torque function is the same as Figure 9-13 with these reduced peak values. Many details remain to be worked out to create a finished design, but these preliminary calculations indicate that the proposed design is feasible. For more detailed information on the modeling of the cam dynamics in this case study, see Chapters 8 and 15 of reference 1. Later chapters of this text will continue the study of various aspects of this case as they relate to subsequent topics such as bearing and spring design. The intent is to incorporate further study of these cases in subsequent chapters that will deal with the design of elements common to a wide variety of machinery. Space will not permit a complete treatment of all the design details involved in any one of these case studies but it is hoped that their presentation will provide some insight into the way design must integrate a wide variety of often conflicting requirements to obtain a working product. A number of open-ended design projects are also listed at the end of this chapter. These can be used as term-long project assignments for individual or group effort.
In 1987 pain treatment lung cancer effective 10 mg rizatriptan, the Law Commission Report on the Sale and Supply of Goods pain research treatment impact factor order rizatriptan 10mg overnight delivery, in recommending various amendments to the Act pain medication for dogs and humans buy rizatriptan 10 mg with visa, concluded that pain treatment center orland park il generic rizatriptan 10mg mastercard. If further alterations to our law of sale of goods are required pain treatment center of southwest georgia generic 10mg rizatriptan visa, it might prove necessary to start from the proposition that it would be better to have a new Act or Acts pain spine treatment center darby pa discount rizatriptan 10 mg online. Having said that, it may be that despite the untidy development of the implied terms, the present situation is reasonably satisfactory in that it offers a substantial amount of protection to a disappointed buyer. It is clear that there is now a significant amount of overlap between s 14(2) (satisfactory quality) and s 14(3) (fitness for purpose), so that a buyer who buys defective goods can rely on either. And in some cases the buyer may, having no clear claim under the more obvious subsection, manage to succeed under the other. However, the court did not need to decide, since they held that the buyer nevertheless succeeded under s 14(3). However, the courts do not always acknowledge that failure in one claim may nevertheless still allow success under a different provision. We do not expect to be provided with an item which comes apart at the seams the first time it is worn, and if it did, we would expect our money back. However, this proposition would not have been obvious to a lawyer of the 18th century. Thus, the early law gave the buyer of defective goods (including defects in title) a remedy in only two circumstances: (a) Where the seller of goods had made a statement about the goods, which the seller knew to be false, the buyer could sue for the tort of deceit. The problem with the tort of deceit has always been the difficulty of proving that the seller knew that what he was saying about the goods was false: the seller might say, for example, that he was merely repeating what he had been told by a person who had sold the goods to him. Because of this difficulty, this remedy for untrue statements has been added to in modern law, by equity, by the Misrepresentation Act 1967 and by the common law relating to negligence. If the warranty turned out to be incorrect, the seller was liable, irrespective of his knowledge of the defect. Originally, he was liable for the tort of deceit in that the buyer had been deceived by his false warranty. Later he was liable for breach of contract because, by giving a warranty, he had assumed responsibility for the truth of what he said. Any other statement was a mere representation, for the incorrectness of which the early law gave no remedy. The early law was, perhaps, not as unreasonable as it might appear when one takes into account that in the majority of sales the buyer was able to inspect the goods at the point of sale. In addition, goods did not tend to have the complex features which goods may possess nowadays, so the possibility of goods containing latent defects was significantly less. At the end of the century the implied terms were codified in the Sale of Goods Act 1893. However, with the rise of consumerism, the use of exemption clauses in sales of goods had become an 355 Law for Non-Law Students absolute scandal by the 1960s. Therefore, in 1973, following a report by the Law Commission, the Sale and Supply of Goods (Implied Terms) Act radically changed the law in order to protect both consumer buyers and, perhaps a little controversially, though the protection takes a different form, commercial buyers. In consumer sales, the protection took the form of an absolute prohibition of the implied terms being excluded or limited. The 1973 Act also took the opportunity to revise the substance of the implied terms themselves, partly to reflect developments brought about by judicial law-making during the period since 1893, and partly to try to clarify the standard which the seller had to meet in relation to the quality of the goods sold. These alterations now meant that in order to find the statutory law relating to the sale of goods it was necessary to refer to both the 1893 Act and the 1973 Act. In order to avoid this, the provisions of the two Acts were consolidated in the Sale of Goods Act 1979. The implied terms again underwent some modification as a result of another Law Commission report which led to the Sale and Supply of Goods Act 1994. This time, the Act took effect by making alterations to the Sale of Goods Act 1979. This type of approach often strikes students as a little odd-how can changes made in 1994 be included in an Act which was passed in 1979 However, simply altering the 1979 Act (though the alterations are not back-dated) means that the relevant law is still contained in one Act. Otherwise, we would be faced with the situation which led to the 1979 Act and would now be contemplating a Sale of Goods Act 2000 (or whenever), which would have been needed in order to consolidate the 1979 Act and the 1994 Act! Victims of misrepresentation were given additional rights by the Misrepresentation Act 1967 (though the 1963 case of Hedley Byrne v Heller began the process of improvement in the position of victims of non-fraudulent misrepresentation). Caveat emptor is a principle which, even with the rise of consumerism, has not been wholly discredited. It is the principle which the law still pursues in relation to the sale of land and indeed, subject to the exceptions contained in ss 14 and 15 of the Sale of Goods Act 1979, and analogous provisions relating to contracts of hire, hire-purchase and supplies of goods, still pursues in relation to the sale of goods. So, for example, the buyer of goods in a sale by a private seller is not protected by the provisions of s 14 in relation to goods being of satisfactory quality or fit for their purpose. If goods that he buys turn out to be defective, he has no right of complaint unless the seller has breached an express term of the contract, or unless the goods fail to correspond to the description which the seller has applied to them, or unless there has been a misrepresentation of the goods. There is an implied condition that the seller has the right to sell the goods; an implied condition that goods will correspond with their description; an implied condition that the goods will be of satisfactory quality and fit for their purpose; and an implied condition that, in a sale by sample, the bulk of the goods will (among other things) correspond with the sample. Note that although this implied term is almost invariably referred to in the texts as an implied term as to title, in fact it goes further than that and implies a right to sell. However, when 1,000 cases of Nissly brand were delivered, it came to the attention of the Nestle company that this milk was being imported and they alleged that the Nissly brand infringed their registered trade mark. N did their best to sell, exchange or export the goods but found that the only way they could deal with the goods was to strip the labels off and sell them without marks or labels. The Court of Appeal held that, even though the sellers owned the goods, they did not have the right to sell the goods. Perhaps the most common example of a seller without a title is where goods have been stolen. Example: O has his car stolen by T, who sells it to P1, who buys it in good faith. The company, having paid O in respect of his insured loss, would, in consequence assume the rights of ownership over the car. He may claim the full amount of the purchase price paid to P1, despite the fact that he may have had the use of the car for some time (see Rowland v Divall (1923)). P1 has a right of action against T, also under s 12(1) of the 357 Law for Non-Law Students Sale of Goods Act 1979. However, it will rarely be worthwhile pursuing the claim, so that P1 will normally end up as a substantial loser. As we have seen, the remedy for a breach of condition is that the buyer may repudiate the contract, return the goods and obtain his money back from the seller. It was held that R was entitled to a refund of his full purchase price since he had paid for the ownership of the car, not its use. This is probably because the owner will often have been compensated by insurance for the loss of his goods. Thus, the loss is spread across the community generally through the insurance premiums paid by those insuring their goods. This right of action is often ignored by those who put forward proposals for reform, arguing that P2 should be able to recover the purchase price only subject to a discount for the use that P2 has had out of the goods. If this were to be the case and, in addition, the owner pursued his right of action against P2, P2 would be paying for his use of the goods twice over, but without getting the ownership he had bargained for! In some cases, there may be a doubt as to who is the true owner of stolen goods recovered by the police. In such cases the police will normally refuse to hand them to either party, pending a court decision as to title. If this happens, the original owner may sue the police, the party in whose possession the police found the goods or both, for the tort of conversion. Providing that the buyer repudiates the contract for lack of title before any property has passed, the buyer may recover the price he has paid, even 358 Chapter 18: Sale of Goods Terms Implied in Favour of the Buyer though the seller has meanwhile acquired a good title, capable of being passed to the buyer: Butterworth v Kingsway Motors (1954). Meanwhile, the hirer paid off the balance of the hire-purchase price and became the owner. Where the buyer has improved goods in the mistaken, but honest, belief that he had a good title to them, an allowance shall be made for the increase in value attributable to the improvement; a similar allowance shall be made in favour of a purchaser from the improver, or subsequent purchaser, where he is being sued by the true owner rather than the improver: s 6 of the Torts (Interference with Goods) Act 1977. Implied warranty of quiet possession Section 12(2) implies a warranty that (except where s 12(3) applies): (a) the goods are free from any charge or encumbrance not disclosed or known to the buyer before the contract is made; and (b) the buyer will enjoy quiet possession of the goods except so far as it may be disturbed by the owner or other person entitled to the benefit of any charge or encumbrance so disclosed or known. It is thought that in most cases where s 12(2) applies, the claimant will also have a claim under s 12(1). The defendants bought road-marking machines from the plaintiff in January and April 1970. The defendants refused to pay the balance of the purchase price and, when they were sued, defended the claim on the grounds that the plaintiffs were in 359 Law for Non-Law Students breach of s 12 of the Sale of Goods Act 1979. A patent in the machines had been granted to a third party, Prismo, in 1972, at which time Prismo became entitled to restrain the buyer from using the machines. It was held that the plaintiffs were not in breach of s 12(1) since, at the time of the sale, they had a right to sell, the specifications in relation to the patent not having been filed until November 1970, after the machines were sold. They were, however, in breach of s 12(2)(b), since the warranty that the buyer will enjoy quiet possession of the goods is a continuing one. Sub-sections (3), (4), and (5) of s 12 apply to the situation where it appears from the contract, or is to be inferred from its circumstances, that the seller intends to transfer a limited title, that is, only such title as he or a third party may have. Thus, a seller who has no knowledge of the history of the goods he is selling (for example, a pawnbroker selling an unredeemed pledge) will probably be taken to intend to transfer only such title as he actually has, which, of course, will depend upon the title that the person who pawned the goods had. In such a case, there is no implied condition that he has the right to sell the goods and the implied warranty of quiet possession is modified. The implied warranty that all charges and encumbrances known to the seller have been disclosed to the buyer remains. Apart from this, the implied terms contained in s 12 cannot be excluded in any contract of sale of goods. Section 13(2) goes on to provide that if the sale is by sample as well as by description, it is not sufficient that the bulk of the goods correspond with the sample if the goods do not also correspond with the description. Section 13(3) provides that a sale of goods is not prevented from being a sale by description by reason only that, being exposed for sale or hire, they are selected by the buyer. Why, when the description applied to goods will be an express term of the contract (providing it is not a puff or a mere representation) is it necessary to have an implied term that the goods will correspond with the description Part of the answer is historical, but the implied term is of modern-day importance because of the following: (a) the implied term is a condition (the breach of which entitles the innocent party to repudiate the contract), whereas an express term might be held to be a warranty, or, possibly, might be treated as an innominate term, the effect of the breach of which would not be clear until the consequences of its breach were seen. The rules relating to the exclusion or restriction of an express term are not quite so strict. Thus, the absolute prohibition which applies to the exclusion or restriction of the term implied by s 13 in a consumer sale, is replaced as regards the exclusion or restriction of an express term by allowing the exclusion or restrictions subject to the test of reasonableness. Held: the plaintiff was entitled to the contract price less the amount required to put the defects right. However, in relation to the condition implied by s 13, the courts have held that even a minor deviation between the goods described and those tendered under the contract is sufficient to entitle the buyer to reject the goods. In Bowes v Shand (1877), a quantity of rice which was contracted to be shipped during March and/or April, was shipped during February. In Arcos v Ronaasen (1933), the contract was for wooden staves half an inch thick. Many of the staves were marginally larger or smaller, though this made no difference to their suitability for their intended use. Held: nevertheless, the goods did not correspond with their description and therefore the buyer was entitled to reject the goods. In Re Moore and Landauer (1921), the contract was for cases of Australian canned fruit to be packed 30 cans to the case. Although the correct quantity was tendered by the seller, some of the fruit was packed in cases of 24 cans. It was held that the buyer had a right to reject the goods as they did not correspond with their description. It is arguable that this reason has lost much of its force since the Sale and Supply of Goods Act 1994. This inserts a new s 15A into the Sale of Goods Act 1979 and provides, in effect, that a breach of an implied term which results in damage so slight that it would be unreasonable for the buyer to reject the goods, may be treated as a breach of warranty (that is, the innocent party loses his right to rescind the contract), rather than a breach of condition. In consumer sales the right to reject for breach of condition, however slight, remains. In fact, many of the cases which discuss the meaning of a sale by description concern breaches of s 14(2) because, before the Supply of Goods Implied Terms Act 1973 altered the law, it was necessary, in order to succeed under s 14(2), to show that the sale was a sale by description. Thus, for example, if S sells a quantity of olive oil to B and the oil is actually only 50% olive oil and 50% corn oil, B would have an action under s 13 because the goods do not correspond with the description applied to them. B would also have an action under s 14(2) because the goods are not of satisfactory quality, in relation to the description applied to them. However, in considering the relative effects of the terms implied by ss 13, 14(2) and 14(3), one very important factor must not be overlooked: s 13 applies to all sales (unless validly excluded), whereas s 14(2) and s 14(3) apply only where the sale is in the course of a business. This means that a person who buys from a private seller can rely on the term implied by s 13 but that he cannot make use of the terms implied by s 14. Scope of s 13 There are two principal questions to be answered in dealing with sales by description. It is thought that the original intention of the draftsman of the Sale of Goods Act 1893 was that specific goods (that is, goods identified and agreed upon at the time of the contract) could not be the subject of a sale by description. The idea behind this was that if a buyer is buying something specific, he has the opportunity to examine it or have an expert examine it for him. If, however, the buyer agrees to buy 500 cotton shirts, not yet in existence, the description is the only point of reference the buyer has in relation to the goods. If, therefore, the shirts offered in satisfaction of the contract turn out to be nylon, the buyer can reject them as not corresponding with the description applied to them. It was based upon the assumption that the buyer always sees a specific article before he buys it and thus has the opportunity to inspect it and to ascertain whether or not it conforms with any descriptive words which the seller may have applied to it. There are a number of possibilities: (a) Deborah may see a sofa in a furniture showroom and agree to buy that specific sofa; or (b) Deborah may order a sofa from a range which is described and illustrated in a catalogue; or (c) Deborah may see a sofa in the showroom, which is for display purposes only, and she may ask the dealer to order a similar one for her.
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