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Hamilton beach crockpot recipes
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a very inexpensive Hamilton Beach Ice If you love lemon, this recipe is a winner. Humbly
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the only concern I have about the Hamilton Beach Breakfast Sandwich Maker is the plastic
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some changes to their recipe to suit our baking with the Hamilton Beach Set & Forget® Slow
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Since 1972 one of the most confortable meeting point in Umbria, the location of our hotel is strategic for business and leisure travelers.
Hotel Tevere, beyond the strategic location, There is much more...
La nostra hall, spaziosa, elegante, ideale per ogni occasione!
Una delle nostre sale ristorante, la più luminosa, ricca di angolini discreti per cenette romantiche o incontri di lavoro
Un particolare della mise en place
A lume di candela di fronte al camino...
Our Hotel has in its strategic position the major strong point. But, moreover, taste the advantage of many services: a "a la carte" restaurant with an amazing fireplace directlu in the dining room and outdoor spaces, meeting rooms of different sizes and fitness center free of charge only a few steps far. Appreciate how the best solution for your business trip and leisure is really what we offer you!
Visit the web site and look to our rates by our booking engine or ask the price directly to the reception. Also groups are welcome, everyone captured by the delicious dishes of our restaurant.
The business travelers are the market we often work with, but we wink also to the organized group and families
Our restaurant is a "different story": it is open not only for hotel guests. Since the beginning of its story everybody like its easy access and continuous news in the menu. Hotel and restaurant have the same management
From fittnes and wellness center completely free for our guests, to the free shuttle bus for the airport, from free wi.fi internet access to other services included: choosing us, you will choose a new style of ospitality.

subset: commoncrawl


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Newer Posts »1 / 2« Older Posts


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Atiyah: Sale of Goods
The Sale of Goods 11th ed Patrick S. Atiyah , John N. Adams , Hector MacQueen
Published: April 2005
Publisher: Pearson Higher Education
Note: Cases linked in the text on the right are either to BAILII reports (where available) or the Wikipedia reference.
Contract Text
1. Introduction
2. The Contract of Sale
3. Terms of the contract
4. Exclusion Clauses
5. Title and Passing of Property
6. Retention of Title
7. Nemo Dat
8. Performance of the Contract
9. Remedies of the Seller
10. Remedies of the Buyer
11. Articles on Sale of Goods and Contract issues
12. Drafting Sale Contracts and specimen sale contract
Student Subscription
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That's just £90 (£96 overseas) for two years' worth of parts (standard UK subscription cost for 2009: £450).
Contact: 0207 242 6471
Recent Case Law
Cases on Sale of Goods and Contract 2009 - 2000
Sale of Goods Act 1979
The Sale and Supply of Goods to Consumers Regulations 2002
Unfair Contract terms Act 1977
Factors Act 1889
Part III Hire Purchase Act 1964: ss.27 - 29.
Companion Volume
The Law of Contract
7. Introduction - Nemo Dat
7.1 Background
7.1.1 Conflicting interests
No one may give a better title than he possesses. If a salesman sells goods to which he has no title or right to sell he may pass no title and the buyer, prima facie will not receive title.
The buyer in this situation may bring an action against the buyer for breach of s.12, recover his purchase price on a total failure of consideration and claim damages.
To preserve the integrity of the market place and protect the bona fide purchaser the law has developed a principle whereby the true owner will be divested of his proprietary rights and the bona fide purchaser for value without notice will be protected.
The exceptions to the nemo dat rule are considered in detail below.
7.1.2 The conflict stated
"In the development of our law, two principles have striven for mastery. The first is for the protection of property : no one can give a better title than he himself possesses. The second is for the protection of commercial transactions : the person who takes in good faith and for value without notice should get a better title . The first principle has held sway for a long time, but it has been modified by the common law itself and by statute so as to meet the needs of our times."
Bishopsgate Motor Finance Corpn. v Transport Brakes Ltd [1949] 1 KB 332 per Denning LJ.
7.2 Nemo dat quod non habet - The principle
7.2.1 Section 21 (1) of the Sale of Goods Act 1979
"Subject to this act, where goods are sold by a person who is not their owner, and who does not sell them under the authority or with the consent of the owner, the buyer acquires no better title to the goods than the seller had, unless the owner of the goods is by his conduct precluded from denying the seller's authority to sell."
Note : Link with s.12 SOGA 1979 / Rowland v Divall [1923] 2 KB 500 et al .
7.2.2 Theme
There appears to be very little in the way of policy or legal principle to link the various exceptions to the nemo dat discussed below. The best that may be said is that the law appears to have developed in a somewhat haphazard manner, not always paying attention to the wording in the statutes, to protect the conflicting interests of the true owner and the bona fide purchaser for value without notice.
Perhaps the clearest indication of a policy lies in the theme that the true owner ought not to be divested of his proprietary rights except by his own voluntary act.
To what extent this theme is an accurate reflection of the way the law operates will be considered below.
7.2.3 Exceptions to the Nemo Dat Rule;
(a) Estoppel
(b) Sale by Agent : Common Law
(c) Sale by Agent : s.2 (1) Factors Act 1889
(d) Sale under Market Overt : s.22 SOGA 1979
(e) Sale under a voidable title : s.23 SOGA 1979
(f) Disposition by a seller in possession: s.24 SOGA 1979/s.8 FA 1889
(g) Disposition by a buyer in possession: s.25 SOGA 1979/s.9 FA 1889
(h) Part III Hire Purchase Act 1964: ss.27 - 29.
7.2.4 The Effect of S.47 SOGA 1979
"Subject to this act, the unpaid seller's right of lien...or stoppage in transit is not affected by any sale, or other disposition of the goods which the buyer may have made, unless the seller has assented to it.
[B] not in possession resells goods and [S] assents to sale - sub-buyer obtains good title free of [S] lien etc.
Mordaunt Bros. v British Oil & Cake Mills Ltd [1910] 2 KB 502
DF Mount Ltd v Jay & Jay Co Ltd [1960] 1 QB 159
7.3 Exceptions to Nemo Dat
Section 21 Sale of Goods Act 1979
7.4 Estoppel
The nemo dat rule applies 'unless the owner of the goods is by his conduct precluded from denying the seller's authority to sell'
The buyer will obtain a good title if the owner of the goods has asserted the sellers right to sell.
Estoppel may be raised by:
Estoppel only arises where goods have been sold and the property has passed to the buyer.
Shaw v Metropolitan Police Commissioner [1987] 3 ALL ER 405 (Infra)
7.4.1 Estoppel by words
Here, a representation by the owner that the seller has the right to sell the goods is the basis of the estoppel.
In Shaw v Metropolitan Police Commissioner [1987] 3 ALL ER 405
The owner of a car along with the car gave a letter to the seller stating that he had sold it to the seller with the vehicle transfer form signed in blank. The Court held that the owner had by words asserted the seller's right to sell and was estopped from going back on the statement. On the facts the buyer had only agreed to buy the car, that estoppel only applied when goods had been sold. In the particular circumstances the property had not passed to the buyer and the owner was entitled to recover the goods.
Estoppel will only operate when the statement was made voluntarily
Debs v Sibec Developments Ltd [1990] RTR 91
A document stating that the owner had sold his expensive Mercedes car was obtained at gunpoint and under the duress of threat to his family. The Court held that estoppel could not be raised in such a circumstance.
See also:
Henderson & Co v Williams [1895] 1 QB 521
7.4.2 Estoppel by Conduct
Here, conduct by the owner indicating that the seller has the right to sell the goods is the basis of the estoppel.
Eastern Distributors v Goldring [1957] 2 QB 600
The owner of a vans fraudulently signed hire purchase forms in blank which when completed by the seller showed the seller to be owner of the van. The owner was estopped by conduct from his assertion by conduct that the seller was owner of the van.
cf. Central Newbury Car Auctions Ltd v Unity Finance Ltd [1957] 1 QB 371 (Infra)
Farquharson Bros v J King & Co Ltd [1902] AC 325
7.4.3 Estoppel by Negligence
Establishing estoppel by negligence is going to be very difficult.
Professor Atiyah has argued that negligence may found an estoppel where an owner of goods negligently fails to disclose information to a buyer impliedly representing that the seller has the right to deal with the goods.
Estoppel by negligence will only arise where an owner owes a particular buyer a duty of care and it is well settled law that the owner of property who loses that property may take it back off a finder or bona fide purchaser for value.
Farquharson Bros v J King & Co Ltd [1902] AC 325 per Lord McNaughten p 335 HL
Estoppel by negligence is subject to the rules of negligence so it is important to establish that the owner owes a duty of care to the particular buyer and that that duty has been broken and that the buyer has suffered damage thereby. It is not going to be easy to establish that an owner of goods owes a duty of care to a potential buyer.
Moorgate Mercantile Co Ltd v Twitchings [ 1977] AC 890
The owner of the goods and the buyer were finance companies and both were members of HPI (Hire Purchase Information), a company set up to keep a register of hire purchase agreements relating to motor vehicles offering additional services to members to reduce the risk of fraud and theft. The buyer received a proposal to buy the car from them, searched the HPI register, found no extant hire purchase agreement registered and bought the car to relet it on hire purchase. The car was subject to an existing hire purchase agreement. Contrary to the usual practice the owners had not registered the hire purchase agreement.
The House of Lords held that the owners owed no duty to the buyers despite the fact that they were both members of HPI and were not estopped.
Economic loss in negligence
The Courts have shown a reluctance to accept economic loss as a basis for the founding of a claim in negligence save in the most exceptional cases, a reluctance rather pointedly exemplified in Twitchings where the relationship between the two parties was very close as both were members of the same trade association.
7.5 Sale by Agent : Common Law
The common law doctrines of agency apply to vest the agent with authority (Actual or Apparent/Ostensible - Implied and Usual or customary authority) to sell goods on behalf of the principle. - Agency is a Power/Liability Relationship. (Dowrick) Fridman.
7.6 Sale by Agent : S.2 Factors Act 1889
A great deal of trade was carried on by professional agents acting on behalf of owners of goods. Factors, a type of professional agent, traditionally carried on business in their own names more often than not not disclosing that they acted on behalf of a principal. Buyers would, therefore, not realise that they were dealing with an agent. To preserve the integrity of the market the Factors Act was passed which protected the bona fide buyer.
7.6.1 S.1 Factors Act 1889 : Mercantile Agent.
"...a mercantile agent having in the customary course of his business as such agent authority either to sell goods or to consign goods for the purpose of sale, or to buy goods, or to raise money on the security of goods."
Must be a mercantile agent
For the purposes of section 2 the agent must be a mercantile agent and section 2 will not protect a buyer where the person in person is not a mercantile agent but in possession of the goods under some other guise - for example, a buyer under sale or return or sale on approval terms. In such a case the second buyer will ordinarily get title from the first buyer because the act of resale would be an act of adoption of the transaction under s.18 r.4, the property would pass to the first buyer scintilla temporis and through to the second buyer.
7.6.2 S.2 (1) Factors Act 1889 -
Factors Act 1889
"Where a mercantile agent is, with the consent of the owner, in possession of the goods or documents of title to the goods, any sale, pledge, or other disposition of the goods, made by him when acting in the ordinary course of business of a mercantile agent, shall subject to the provisions of this Act, be as valid as if he were expressly authorised by the owner of the goods to make the same; provided that the person taking under the disposition acts in good faith, and has not at the time of the disposition notice that the person making the disposition has not authority to make the same."
While there may not be many old style Factoring firms around there is no doubt that those who transact business on behalf of others will come within the ambit of s.2 Factors Act 1889 and buyers buying from them will, subject to the conditions contained therein and canvassed below, be given the protection of s.2
7.6.3 Possession of the goods and consent of the owner
Possession of the goods or documents of title
The appearance of an individual being in physical possession of the goods is a powerful influence in the mid of a contracting buyer. It raises the implication that the person selling the goods either owns them or enjoys the right to sell them.
The act will only apply where the agent is in possession of the goods or documents of title (s.2 FA 1889) or are held by any other person subject to his control or for him or on his behalf (s.1(2) FA 1889).
Consent of the owne
The fact that consent to possession may be obtained by a fraud or a trick will not vitiate the consent
Pearson v Rose & Young [1951] 1 KB 27
If the owner of the goods, having consented to possession, withdraws the consent the withdrawal of consent will not affect any future buyer unless the buyer has notice that the consent has been withdrawn.
S.2(2) Factors Act 1889
It is for the owner to prove that he did not give consent.
S.2(4) Factors Act 1889
7.6.4 Goods given to Mercantile Agent qua Mercantile Agent
The goods must have been given to the mercantile agent qua mercantile agent.
While this is not stated as a formal requirement in s.2 Factors Act 1889 there is no doubt following Pearson and Astley Industrial Trust (Infra) that such a condition must be fulfilled.
The condition has been defined to include a purpose preparatory to a sale such as possession of the goods for display for the purpose of receiving offers.
Pearson v Rose & Young [1951] 1 KB 275
Astley Industrial Trust v Millar [1968] 2 All ER 36
If the goods are entrusted to the mercantile agent for some other purpose, - for example to a garage dealer who also offers servicing and repair facilities for servicing the third part will not be protected because the goods were not given to the mercantile agent for the purpose of the mercantile agency but for some other purpose.
The difficulty is that the third party will not see what happens behind the 'commercial curtain' and will be wholly unaware of in which capacity the seller (mercantile agent) received the goods from the true owner.
7.6.5 Ordinary Course of business of a mercantile agent
The section requires the transaction to be made within the ordinary course of business of a mercantile agent.
It is a question of fact whether the mercantile agent was acting in ordinary course of business. The mercantile agent would be expected to act from trade premises, during normal business hours and consistent with the norms and practices of business behaviour.
A sale of a car without the ignition key would not be within the ordinary course of business of a mercantile agent.
Stadium Finance Ltd v Robbins [1962] 2 QB 664
A sale without a log book or registration document in the case of a second hard (but not necessarily for a new car) would not be within the ordinary course of business rule.
Pearson v Rose & Young [1951] (Supra)
Oppenheimer v Attenborough [1908] 1 KB 221
While evidence was adduced to show that diamond merchants did not pledge gems the pledge of gems belonging to an owner was held to within s.2 because it was done in a way in which a mercantile agent would do business.
Janesich v Attenborough (1910) 102 LT 605
Interest rate not 'commercial'
Lloyds & Scottish Finance Ltd v Williamson [1965] 1 WLR 404
Biggs v Evans [1894] 1 QB 88 at 91
7.6.6 Sale, pledge or other disposition
Worcester Works Finance Ltd v Cooden Engineering Co Ltd [1971] 3 All ER 708 [1972] 1 QB 210 CA
7.6.7 Good Faith
A buyer buying from a mercantile agent will only come within the protection afforded by s.2 Factors Act 1889 if he acts in good faith and without notice of the agents lack of authority - a burden of proof placed on the buyer.
Heap v Motorists Advisory Agency Ltd [1923] 1 KB 577
Onus Probandi - on the buyer to prove he acted in good faith. cf. 23 SOGA 1979 (on owner)
What amounts to good faith will be a question of fact in the circumstances of each case but certainly the circumstances of the sale must be such as not to raise in the mind of the buyer that anything untoward is being done and to that extent there is an overlap with the requirement of the mercantile agent that he must act in the ordinary course of business of a mercantile agent.
By way of example, if an item was being offered at an obviously marked down price it may raise both the issue of the buyer's good faith and the mercantile agent's conduct in acting in the ordinary course of business of a mercantile agent.
7.6.8 Criteria for the application of s.2 (1) Factors Act 1889 - Summary
(a) Must be a [MA] - s.1 FA 1889
(b) P in P must not be True Owner
(c) P in P must be in P with consent of true owner
(d) P in P in P qua [MA]
Astley Industrial Trust v Millar [1968] 2 All ER 36 per Chapman J
Pearson v Rose & Young [1951] per Denning LJ
7.7 Sale in a Market Overt : S.22 SOGA 1979
Now repealed by The Sale of Goods Act 1994
s. 22(1) repealed (3.1.1995) by 1994 c. 32, ss.1, 3(3) (with s. 3(2)).
7.8 Sale under a voidable title : S.23 SOGA 1979
7.8.1 Introduction
Typically section 23 will apply when a seller of goods is induced to part with the goods by a misrepresentation on the part of the buyer who then sells the goods on to a third party.
The contract between seller and buyer in this instance will be voidable at the instance of the seller. Title will pass to the buyer, but it will be a voidable title, and if the buyer resells to a third party before the original contract is rescinded by the seller the third party will get title.
S.23 does not cover the type of transaction where the contract between seller and buyer was void ab initio as was the case in Cundy v Lindsay where a plea of mistake was accepted. s.23 covers the situation exemplified by the case of Lewis v Avery (Ingram v Little having been regarded by most commentators as an exceptional case)
7.8.2 Section 23 Sale of Goods Act 1979
"When the seller of goods has a voidable title to them, but his title has not been avoided at the time of the sale, the buyer acquires a good title to the goods, provided he buys them in good faith and without notice of the seller's defect of title."
Confirms common law rule that a person cannot avoid a voidable contract to the prejudice of third party rights acquired in good faith and for value.
Phillips v Brooks [1919] 2 KB 243
Lewis v Avery [1972] 1 QB 198 CA
The seller sold his car to a buyer who represented that he was "Richard Green" (a famous actor of the day who played Robin Hood). The contract was voidable for fraudulent misrepresentation, not void for mistake because the person was present to sight and hearing which was not the case in Cundy v Lindsay, a transaction conducted by post where the plea of mistake, rendering the contract void, was successful.
Contrast :
Cundy v Lindsay (1878) 3 App Cas. 459
Ingram v Little [1960] 3 All ER 332
7.8.3 Communication of rescission
S.23 will not apply if the seller rescinds the contract before the buyer sells to a third party.
Rescission has to be communicated. The difficulty lies in cases where the rogue buyer has absconded.
In such a case the rogue, by absconding, is said to have abrogated his right to rescission having to be communicated and evidence of an intention to rescind on the seller's part is all that is required and for this purpose notification of the fraud to the police or, in the case of a motor car, was sufficient evidence of an intention to rescind in the case of :
Car & Universal Finance Ltd v Caldwell [1965] 1 QB 525
Note : If the innocent third party does not acquire title under section 23 he may do so under section 25 of the Act (Infra)
7.9 Disposition by a Seller in Possession : S.24 SOGA 1979
7.9.1 Introduction
We have seen how possession may give the appearance of ownership. S.24 is intended to apply in cases where a seller of goods in possession of goods sells them on to an innocent third party, the bona fide purchaser for value without notice.
Two situations may arise:
The first is where a seller having sold goods remains in possession and then, deliberately or inadvertantly sells the goods on to another person.
The second is where a seller having sold goods receives back possession of the goods, perhaps for the purposes of repair, and then sells them on to another person.
In both cases the buyer will be unaware of happenings behind the 'commercial curtain'. He will not know that the goods had been sold. He will assume, the seller being in possession, that the seller has the right to sell the goods.
s.24 The seller in possession:
Section 24 Sale of Goods Act 1979
"Where a person having sold goods, continues, or is in possession of the goods or of the documents of title to the goods, the delivery or transfer by that person, or by a mercantile agent acting for him, of the goods or documents of title under any sale pledge or other disposition [or under any agreement for sale, pledge or other disposition thereof] * to any person receiving the same in good faith and without notice of the previous sale, shall have the same effect as if the person making the delivery or transfer were expressly authorised by the owner of the goods to make the same."
[ ] * The words in brackets are not contained in SOGA 1979 but appear in the Factors Act 1889
7.9.2 The seller must continue in possession
Old Law
Before the decision in Worcester Works Finance Ltd v Cooden Engineering Co Ltd [1972] 1 QB 210 there had been much judicial debate about the capacity in which the seller was in possession of the goods.
For example, a seller may have sold goods. The buyer may have taken the goods back to the seller for repair and the seller then sold the goods to a bona fide purchaser. The question of whether the third party could enjoy the protection afforded by s.24 was beset with difficulty it being argue that the seller was not in possession qua seller but qua repairer and that s.24 thereby could not apply.
Staffs Motor Guarantee Ltd v British Wagon Co Ltd [1934] 2 KB 305
Eastern Distributors v Goldring [1957] 2 QB 600
New Law : 'Continuity of physical possession'
It is clear now that once the continuity of physical possession is broken that s.24 cannot apply and that if a seller later acquires possession of goods which he had sold (where continuity of physical possession had been broken) the section cannot apply to protect the bona fide purchaser for value without notice.
Pacific Motor Auctions Pty Ltd v Motor Credits (Hire Finance) Ltd [1965] AC 867 PC
Worcester Works Finance Ltd v Cooden Engineering Co Ltd [1972] 1 QB 210
"whether seller was in possession 'as seller' depends on whether person remained in possession throughout. Unless there is an actual transfer of physical possession, the seller is to be treated as continuing in possession and as able to give a good title under s.24.
7.9.3 The buyer must act in good faith and have no knowledge of the previous sale
The requirement of good faith applies both at the time of the sale and at delivery if delivery is delayed.
7.9.4 A possessory interest is not sufficient
For the second buyer to obtain protection under s.24 some proprietary interest in the goods must have passed and not simply possession.
7.9.5 The practical effect if s.24 is applied
Where s.24 is applied the second buyer will receive full title, the first buyer's title will be extinguished and it will be for the first buyer to pursue his rights against the seller for conversion.
If s.24 does not apply the second buyer will not get title but he may, of course, have a right against the seller under s.12 for breach of the implied condition that the seller had a right to sell.
7.10 Disposition by a Buyer in Possession : S.25 SOGA 1979
7.10.1 Introduction
s.25 The buyer in possession:
Section 25 applies where a buyer having bought goods sells them on to a third party in circumstances where he is not the owner of the goods, the property in the goods not having passed to him because the seller has retained ownership or perhaps because an earlier contract has been rescinded (e.g. for fraudulent misrepresentation. See s.23 (Supra))
7.10.2 Section 25 sale of Goods Act 1979
"Where a person, having bought or agreed to buy goods, obtains with the consent of the seller possession of the goods or the documents of title to the goods, the delivery or transfer, by that person or by a mercantile agent acting for him, of the goods or the documents of title under any sale, pledge or other disposition thereof [or under any agreement for sale, pledge or other disposition thereof] * to any person receiving the same in good faith and without any notice of any lien or other right of the original seller in respect of the goods, shall have the same effect as if the person making the delivery or transfer were a mercantile agent in possession of the goods or documents of title with the consent of the owner."
7.10.3 Having bought or agreed to buy goods
The buyer must have bought or agreed to buy goods.
The section does not apply to Hire Purchase because the debtor does not agree to buy in HP. Because conditional sale agreements are so similar to hire purchase s.25(2) provides that s.25(1) does not apply to a person buying goods under a conditional sale agreement regulated under the Consumer Credit Act 1974. : See HPA 1964 Pt.III ss.27 - 29. (Infra)
7.10.4 Possession of the goods and the documents of title
For the section to apply the first buyer must be in possession of the goods or documents of title to the goods at the time of the sale to the second buyer. Constructive possession is sufficient so where a seller delivered the goods direct to the second buyer at the first buyer's request this was regarded as constructive possession and the second buyer was protected by s.25.
Four Point Garage Ltd v Carter [1985] 3 All ER 12
Where [B] has obtained documents of title to goods with seller's consent he can by delivery to 3P pass a good title to him. Overrides s.19(3) SOGA 1979.
7.10.5 Consent of the seller
The consent of the seller may be obtained by fraud but fraud will not vitiate the consent and the withdrawal of the consent will have no effect on the second buyer unless he actually knows about it.
Du Jardin v Beadman Bros [1952] 2 All ER 160
7.10.6 Possession of the Goods
The second buyer is only protected if obtains possession of the goods and not if he has merely bought or agreed to buy them
7.10.7 Good Faith and Notice
The buyer must act in good faith and without notice of the seller's rights.
7.10.8 Two difficulties with s.25
There are two difficulties with the wording in s.25. First with regard to the effect of the sale by the first buyer to the second buyer which is stated to behave " the same effect as if the person making the disposition making the delivery or transfer were a mercantile agent " and the second difficulty is with regard to the remainder of the closing phrase in the section " in possession of the goods or documents of title with the consent of the owner ."
Read literally it would mean that a sale by a buyer in possession to a second buyer acting in good faith etc would pass title to the second buyer for the first buyer will be treated as if he were a mercantile agent in possession of the goods with the consent of an owner and such people will be held to have passed title to a bona fide purchaser if they do sell the goods.
A second, somewhat grotesque result would be, if the section were applied literally, that a second buyer could obtain title from a first buyer who bought in good faith down a chain from a thief who stole the goods from the original true owner - a result now precluded by the decision in National Employer's General Mutual Insurance Association Ltd v Jones [1990] 1 AC 24 where the court held that the words " consent of the seller" had to be construed as consent of the "owner"
The courts have not interpreted the section literally.
In Newtons of Wembley v Williams [1965] 1 QB 560 the court developed the principle that the second buyer will only be protected if the first buyer behaved as a mercantile agent would have behaved - that is, according to the normal business practice of such mercantile agents.
7.11 Sale of motor vehicles on Hire Purchase
7.11.1 Introduction
Section 25 has no application to cases where goods were supplied under hire purchase or conditional sale arrangements and in such cases bona fide purchasers buying from a debtor will not be protected.
The exception to this is that under ss.27-29 Hire Purchase Act 1964 Part II the bona fide purchaser of a motor car either from a debtor or from a dealer who bought from a debtor is given a measure of protection.
The act only applies to motor cars and other goods are therefore not covered.
The HP Act does not apply to leasing arrangements.
7.11.2 Section 27 Hire Purchase Act 1964
"(1) This section applies where a motor vehicle has been bailed or (in Scotland) hired under a hire-purchase agreement or has been agreed to be sold under a conditional sale agreement, and, before the property in the vehicle has become vested in the debtor, he disposes of the vehicle to another person. "
(2) Where the disposition referred to in subsection (1) above is to a private purchaser, and he is a purchaser of the motor vehicle in good faith, without notice of the hire purchase or conditional sale agreement (the "relevant agreement") that disposition shall have effect as if the creditor's title to the vehicle has been vested in the debtor immediately before that disposition.
(3) Where the person to whom the disposition referred to in subsection (1) above is made (the "original purchaser") is a trade or finance purchaser, then if the person who is the first private purchaser of the motor vehicle after that disposition (the "first private purchaser") is a purchaser of the vehicle in good faith without notice of the relevant agreement, the disposition of the vehicle to the first private purchaser shall have effect as if the title of the creditor to the vehicle had been vested in the debtor immediately before he disposed of it to the original purchaser.
(4) Where, in a case within subsection (3) above -
(a) The disposition by which the first private purchaser becomes a purchaser of the motor vehicle in good faith without notice of the relevant agreement is itself a bailment or hiring under a hire purchase agreement, and
(b) the person who is the creditor in relation to that agreement disposes of the vehicle to the first private purchaser, or a person claiming under him, by transferring to him the property in the vehicle in pursuance of a provision in the agreement in that behalf,
the disposition referred to in paragraph (b) above (whether or not the person to whom it is made is a purchaser in good faith without notice of the relevant agreement) shall as well as the disposition referred to in paragraph (a) above have effect as mentioned in subsection (3) above.
7.11.3 Explanation
The act only applied to motor vehicles.
The act only applies where the vehicle has been supplied under hire purchase or conditional sale. It does not apply to leasing arrangements. There must be a disposition within s.2 and 91). The act does not apply to cases where the goods were stolen from the debtor.
The first private purchaser must have bought, agreed to buy or have taken the vehicle under hire purchase. (The trade purchaser is not protected)
The private purchaser must act in good faith. If he did not do so any later purchaser - even a private purchaser - will not be protected for their protection is dependant on the bona fides of the first private purchaser.
7.11.4 Explanatory diagram s.27 Hire Purchase Act 1964
7.12 Demonstration Question
Evan, in response to an advertisement in the Daily Bung/e, went to the specified address to inspect a rare sports car which had been described as "a good little bus", "in excellent condition throughout" and "a rare 1969 model". Evan inspected the car and told the car advertisers, two elderly sisters, that he was Lord Trecynon and he showed them a stolen House of Lords pass with Evan's photograph and Lord Trecynon's name in it. He said he would buy it at the asking price provided he was satisfied with it on a test drive. He asked to be allowed to take the car for a test drive and, relying on the House of Lords pass, the sisters agreed. Evan took the car on a test drive and decided that, although it was not a 1969 model, it went well. Also, he discovered the registration documents in the car. Evan drove to the house of a well-known dealer in such sports cars and agreed to sell it to him for £5,000 cash on the spot. On the next day the ladies informed the police and the A.A. that their car had been taken. After making inquiries it was discovered that the two ladies had bought the car from Donald who had been buying the car under a conditional sale agreement from Croam Finance but had absconded before the final payment had been made.
Advise the sisters.
Evan "Lord Trecynon"
1. Devolution of title
1.1 Croam Finance the original owners of the motor vehicle sold the goods to Donald (The Debtor) on conditional sale on terms that title would be retained until the instalments had all been paid.
1.2 Donald absconded before making the final payment to Croam Finance and had no title to pass when he sold the car to the two ladies - nemo dat quod non habet (s.21 Sale of Goods Act 1979). The ladies, assuming that they acted in good faith without notice of the conditional sale agreement between Croam Finance and Donald, (and this is assumed here) were private purchasers and acquired title under s.27(2) Hire Purchase Act 1964 Part III the sale by Donald to them being a disposition under s.27(1) of the same Act.
2. The main issues
2.1 There are to main issues. First whether there is, in fact, a contract between the ladies and Evan and secondly, if there is, to determine whether the dealer now in possession of the car has title or not.
3. The two ladies and Evan ("Lord Trecynon")
3.1 Casting aside for the moment the issue of Evan's possible misrepresentation of his identity we have first to determine whether there is in fact a contract between the ladies and Evan.
3.2 Evan stated that he would buy the car at the asking price provided 'he was satisfied with it on a test drive'. This appears to establish a condition precedent to be fulfilled, which if fulfilled will give rise to a contract between them. (Pym v Campbell et al)
3.3 Taking the view that the condition has been fulfilled (and that communication of such condition having been fulfilled is not required, the fact of it being sufficient), there is a contract between Evan and the two ladies in relation to the sports car. ( Aliter : There will be no contract, no title passes to Evan or to the dealer, the dealer is not protected by any of the exceptions to the nemo dat and will be liable in conversion to the ladies if he refuses or fails to return the car.)
3.4 Proceeding on the basis that there is a contract between the ladies and Evan the second issue is raised as to whether the contract is voidable for fraud and whether at this stage the contract may be rescinded.
3.5 Evan misrepresented his identity, by asserting that he was a member of the House of Lords, clearly a factor which induced the ladies to part with the car for a test drive and in entering the resulting contract (which latter point is assumed here).
3.6 The contract is voidable for fraud under the principle exemplified in Lewis v Avery. (Ingram v Little not applied being an 'exceptional' case) The rogue was present to sight and hearing, a plea of mistake per Cundy v Lindsay will not succeed.
3.7 Where, as here, a seller has voidable title to the goods, but his title has not been avoided at the time of a sale to a bona fide purchaser for value without notice of the seller's defect in title the buyer will acquire title under s.23 of the Sale of Goods Act 1979.
3.8 While the Courts will accept notification to the Police or an appropriate trade association (The AA in this case) as evidence of an intention to rescind where, as here, the rogue absconds, such rescission has to be made before the rogue resells to a bona fide purchaser. Here, the rogue sold to the dealer before the ladies notified the Police and AA. It is therefore too late to rescind. Prima facie the dealer has title under s.23.
3.9 The only hope for the two ladies lies in the bona fides of the dealer. Assuming that he had no knowledge of the seller's defect in title, did he act in good faith by accepting a cash on the spot offer for £5000 for a rare sports car. A dealer would not be mala fide accepting an on the spot cash offer where a car was sold with the registration document (as here) provided the car was not being offered at an obvious undervalue. If the car was offered at approximate market value, that is the price which a dealer would pay for such a car (as opposed to what the dealer will sell the car for), then the dealer will have acted bona fide.
3.10 In the premises the ladies will have to pursue their remedy against Evan, which may well be impossible, given that he has absconded. Their only hope, in such a case, is that the Police apprehend him and that he has assets to pay in an action for the price under s.49 Sale of Goods Act.
3.10 If the dealer is found to have acted mala fide then he will not get title under s.23 and will be liable in conversion to the two ladies if he refuses or fails to return the car to them.
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New signing Jason Price can't wait to get started at Morecambe despite playing against the Shrimps on the opening day of the season.
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The 34-year-old has signed a four-month deal after his contract with Barnet expired and is determined to make an impression.
"I played against Morecambe on the opening day of the season for Barnet and, although I was on the winning side, I was impressed with Morecambe and really impressed with the surroundings," he told the club's official website.
"The club and the ground remind me of Doncaster Rovers. It has a very family friendly feel and I am really looking forward to my first training session.
"I have heard a lot of good things about Jim Bentley and I hope they can maintain the type of form that they have shown so far."


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Home of the University of Arkansas, Fayetteville is a fun-filled city that caters to many young professionals. It is surrounded by the Ozark Mountains, and delivers a small-town feel in The Land of Opportunity. The city blends beauty and history into a one-of-kind package that is often considered to be the center of activity in Northwest Arkansas. In fact, many renters have pursued housing in this metro because of its amenities and features.
Many residents instantly get a feel for what this city is all about when they explore the Fayetteville apartments for rent.
President Thomas Jefferson acquired the area that would later become known as Fayetteville in the Louisiana Purchase in 1804. The Osage Indians are considered the first residents of Fayetteville, as the region officially became Cherokee Territory after the Treaty of 1817. The Washington Country, a territory that included present-day Fayetteville, was established in 1828.
At the center of the Washington Country stood Fayetteville, which earned its name from Fayetteville, Tennessee, the home of two officials who helped develop the area. Residents might notice historic buildings near many apartments in Fayetteville, and Old Main is one such example. This structure is the oldest at the University of Arkansas, serving the community for over a century and becoming one of the first buildings in the state to be listed in the National Register of Historic Places.
Fayetteville is well-known as the "Track Capital of the World," and Forbes recently ranked the city in its top 20 list of places for best places for business and careers. Its major industries include education and technology, as learning opportunities are available at local institutions including Blue Cliff College, Northwest Arkansas Community College and the University of Arkansas.
This city is a great place to raise a family, as it has access to 15 schools. An excellent school system is open to students of all ages exploring rentals in Fayetteville. For instance, Fayetteville High School recently earned recognition by Newsweek for boasting some of the top Advanced Placement test scores nationally.
Renters might find a wide selection of apartments in the area, and could discover a variety of prices depending on their needs. However, they might find it easier to afford various goods and services in Fayetteville, as the metro's cost of living is often lower than the national average.
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(1) In the beginning the author read Let There be Write by Nancy Fulda and decided to write a blog entry.
(2) And the blog entry was without form, and void except for the editing features at the top of the WordPress 'Write Post' page. Which the author found annoying.
(3) And the author said, Let there be things in my day worth writing about! And there were none.
(4) And the author saw that her life was dull and meaningless. And she was sad.
(5) And then the author remembered that she had submitted many poems and needed to check her e-mail and so she saved the post as a draft. And the evening and the morning were the first day.
(6) And the author said Let there be replies, and let them divide the submitted and the trunked.
(7) And the author saw that there were no replies. And the evening and the morning were the second day.
(8) And the author said, let the e-mail program bring forth acceptances, or rejections. But mainly acceptances and it was not so. And the evening and the morning were the third day. Because it apparently took a long time for this author to check her e-mail and respond to its emptiness.
(9) And the author said, let me send out more poems. By snail mail. And she divided her poems into batches as the goddess Joanne Merriam had bade her. And the evening and the morning were the fourth day.
(10) And many more days passed.
(11) And the author said, let there be replies now. But there were none. And the evening and the morning were some other day.
(12) So the author suffered in the image of her failure and lonliness; more poems, created she them, and said unto them, be enticing, and good, and replenish my bank account, and bring me prestige and literary acclaim, for you are my greatest work. And then she remembered that they were poems and crossed 'replenish my bank account' from the list.
(13) And on the nth day, the author remembered her blog entry and checked her e-mail again but there was nothing and behold, she angsted.


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A collection of relevant and timely media clips and resources.
Posted on December 13, 2012
Two clerks were operating a Sunoco gas station in Springfield Township, Ohio, when an armed robber entered the store and ordered one of the clerks to "go behind the counter and get me the money." As the criminal went behind the counter he fired at the clerks, prompting the pair to retrieve a .40-caliber pistol and a shotgun and fire at the robber. Shots fired by both clerks struck the criminal, killing him.
A daily customer of the Sunoco station was puzzled as to why anyone would attempt to rob the store, telling local media, "I know everyone that works in there. They are all great guys. Everybody knows they have guns. That's why I'm surprised someone tried to rob them. It does not make sense." (The Cincinnati Enquirer, Cincinnati, Ohio 12/10/12)
Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.READ MORE
© 2014 National Rifle Association of America. Institute for Legislative Action. This may be reproduced. It may not be reproduced for commercial purposes.11250 Waples Mill Rd. Fairfax, VA 22030 1800-392-8683(VOTE)


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Living with asthma can have a devastating impact on anyone's life. From sleeping through the night to walking to the bus stop to exercising, asthma can make even the simplest tasks difficult.
Asthma, a disease that affects the lungs, commonly causes persistent shortness of breath, a need to sit or stand up to breathe more easily, wheezing, a chest that feels closed, and the inability to speak in full sentences.
According to the Centers for Disease Control, one in 12 people have asthma. Recent statistics show that there were 1.3 million asthma-related hospital visits to outpatient departments and 1.8 million emergency department visits for asthma in 2010. Though asthma can usually be controlled by taking medications and avoiding triggers such as mold, tobacco smoke, dust mites, and outdoor air pollution — sometimes these interventions do not work when individuals have severe asthma.
A recently FDA-approved, minimally invasive procedure to treat asthma is providing individuals living with the disease a unique way to manage their condition. Bronchial thermoplasty is the first nondrug to ever be used to treat severe asthma and is now being offered at Jamaica Hospital. Patients with severe asthma have excessive airway smooth muscle in their lungs, which, when triggered, causes the airways to further narrow, leading to the onset of an asthma attack. Bronchial thermoplasty uses thermal energy to permanently heat and shrink thickened muscle that surrounds a patient's airways.
A bronchoscope and the Alair System, which is comprised of an Alair Catheter and Controller, is used during the procedure. The Alair Catheter, which is introduced to the airways through the bronchoscope, has an electrode array that expands to contact the airway wall. Once in its desired position, radiofrequency energy is released and heats the wall of a portion of the airway in a controlled manner.
"This procedure is novel, in that it is the first time asthma is being treated in a physical way," said Dr. Craig Thurm, director of Jamaica Hospital's Division of Pulmonary Medicine. "Previously, patients with severe asthma could only rely on medications such as high dose inhaled steroids, bronchodilators and Xolair."
Dr. Thurm explains that the procedure is generally safe and is broken into three different sessions, each scheduled three weeks apart. The first and second sessions treat the lower lobes of the lungs, while the third session treats the upper lobes. He also points out that a patient's symptoms may worsen in the days after the procedure but offers potential long-term benefits.
Bronchial thermoplasty is only offered to individuals with severe asthma, who are at least 18 years old and whose asthma is not well-controlled with inhaled corticosteroids and long-acting beta agonists, such as Advair, Dulera, and Symbicort, despite using them as instructed.
"It's important to understand that bronchial thermoplasty is not likely to cure asthma," said Dr. Thurm. "It works as a complement to other asthma therapies." Studies have shown that bronchial thermoplasty can reduce asthma symptoms and asthma attacks, as well as emergency room visits, hospitalizations, and days lost from work and school. Bronchial thermoplasty is currently only offered at three hospitals in the entire state — Jamaica Hospital included.
"We have a high incidence of severe asthma cases in our community," explained Dr. Thurm. "There is a small group of patients who do not do well, despite our best efforts, including optimizing their medications. They continue to have symptoms and may end up requiring oral steroids, which can have many adverse side effects, such as osteoporosis. We are truly excited to have a new procedure to offer these patients."
For more information about bronchial thermoplasty, call (718) 206-8776 or (718) 206-7130.


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When we arrived at the gates of the Chateau it looked absolutely beautiful. Fantastic setting in the large parkland grounds, nice parking for our classic car out the front and very quiet. We had booked a superior room in the outside rooms as they had been described as more spacious than in the Chateau. I dread to think how small... More
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WHOA. Loving those pink leather! May I ask how much would it cost to customize a bag like this? About 10inch?Please pm me the price!
just curious.how many "colors" are there for snake/python skin?Are they ideal for building a pouch?say this one u crafted recentlyCant seem to find it in your website, took a while to dig from hwz


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Facebook is expanding its location-based service, Places Deals, to five countries in Europe, setting up some major competition for the likes of Foursquare and Groupon.
The the big five Zuckerberg's gang is targeting are: the UK, Germany, France, Spain and Italy. Others will have to wait a bit longer before the service is available for them.
Two names that will be offering deals through the European service at launch are Starbucks and telecommunications operator O2, but this list is likely to expand rapidly over the coming weeks and months.
Foursquare already has a large presence in Europe, as does Groupon. In fact, they service many more European countries than Facebook is today - but the hybrid model and Facebook's dominance as the social networking medium of choice for most means the new European service could really give rivals a run for their money.
Foursquare has previously claimed that Facebook Places was "boring" and not a threat, but when we look at the figures involved it paints a different picture. According to Bloomberg, around 200 million of Facebook's half a billion members use Places Deals, suggesting that it is doing reasonably well. The fact that it was previously only available in the US means that this figure is likely to jump with the move into Europe.
Facebook claims that its service is very different to that of group buying website Groupon, because the location-aware element means that deals are offered based on the current location of the shopper.
Facebook Places Deals tries to edge Foursquare out of Europe
And Groupon
Facebook is expanding its location-based service, Places Deals, to five countries in Europe, setting up some major competition for the likes of Foursquare and Groupon.


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Photo #: NH 98604-A
USS Macdonough (Destroyer # 9)
With several other destroyers in the Philadelphia Navy Yard's Reserve Basin, circa spring 1919.
Cropped from a panoramic photograph (Photo # NH 98604) taken by Keystone Photo Studios, 817 So. Broad St., Philadelphia.
Collection of Eugene Bennett, donated by his daughter, Jene B. Hart, September 1988.
U.S. Naval Historical Center Photograph.
Online Image: 125KB; 690 x 670 pixels
Click on the small photograph to prompt a larger view of the same image.
If you want higher resolution reproductions than this digital image, see: "How to Obtain Photographic Reproductions."
14 July 2003


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Sci-Fi Saturday: "Her"
Sci-Fi Saturday: "Her"Sat., 6/21/14, 2:00pm – 4:15pm @ MCPL Wausau
This event has passed. View upcoming events.Watch a free sci-fi movie on the library's third floor! (Rated R | 126 min.) (film details) (request the DVD)
A lonely writer develops an unlikely relationship with his newly purchased operating system that's designed to meet his every need.
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Austin Rivers Update
903 Hail Providence Mar 2, 8:13 p.m.
Austin Rivers played 30 minutes and hit 7-of-14 shots and a 3-pointer for a season-high 19 points, one rebound, one assist and one steal on Saturday.
903 Hook em banned Dec 16, 4:19 a.m.
Sports Legend
New Orleans squandered a season-best performance from Austin Rivers on Sunday, as the second-year guard scored 17 points with two 3-pointers, two assists and one steal off the bench.
Dec. 15 - 11:21 pm et
903 Oct 17th and 1 win Oct 29, 4:21 p.m.
All Star
METAIRIE, La. - The New Orleans Pelicans have exercised third-year options on the contracts of 2012 first-round draft choices Anthony Davis and Austin Rivers.
Davis, the first overall pick in the 2012 draft, averaged 13.5 points, 8.2 rebounds, 1.8 blocks and 1.2 steals and was named an NBA All-Rookie First Team member last season.
The 6-foot-10 former Kentucky star was a regular starter at powerforward. His 20 double-doubles led all rookies.
Rivers was the 10th overall pick in the draft. He averaged 6.2 points, 2.1 assists and 1.8 rebounds, but saw his rookie campaign cut short by a hand injury in early March, during a game in which he'd scored 10 first-half points against the Los Angeles Lakers.
The Pelicans announced the moves, which were expected, on Wednesday.
gotoheelabcers Jul 13, 5:31 p.m.
I love the fact that we have so many good good players in the NBA to be proud of and we have no criminals to be ashamed of. Tell PJ we said good luck in court next month and the month after that. hehehe
kato_karma.v6 Jul 13, 7:37 a.m.
All Star
Rivers had no charges...
but did commit 2 turnovers.
Given his ball dominance (i.e., dribble-dribble-dribble-dribble-dribble-dribble-dribble-drib
ble-shoot), 2 is probably something worth getting a least a little excited about if you are a fan of his game.
MoDuke v2 is gone Jul 12, 9:56 p.m.
Sports Legend
i've never seen a fanbase get so excited over summer league play.
— Posted by weakened back
i've never seen a fanbase get so excited over summer league play.
— Posted by weakened back
I've never seen a fanbase get so excited over no new charges.
Hokies94 Jul 12, 9:47 p.m.
Sports Legend
He has a long way to go until he's a real Pro.
weakened back Jul 12, 7:49 p.m.
Sports Legend
i've never seen a fanbase get so excited over summer league play.
kato_karma.v6 Jul 12, 7:39 p.m.
All Star
903 PJ trusted Rodney Blackstock Jul 12, 7:31 p.m.
All Star
Austin Rivers had a breakout Summer League performance in the Pelicans' first-ever game, making 24 points on 15 shots, nabbing 7 boards and dishing 6 assists. He started off strong, making several hard drives to the basket in the early going, but he really seemed to gain confidence in the 2nd and 3rd quarters. When he had the ball in his hands, he was looking to drive to the basket, and neither Tim Hardaway, Jr. nor Iman Shumpert were able to keep him from getting to the paint. In addition, Rivers was rather efficient on his jumpers, knocking down several long-range looks. And, incredibly, he had only two turnovers, even though he constantly had the ball in his hands.
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Duke WBall vs. Kentucky
NBC Sports Radio
Sun Bowl: Duke vs. Arizona State
Saturday at 2:00 pm on WRAL-TV
NHL: Hurricanes at NY Rangers
Tonight at 7:00 on 99.9 The Fan
CBB: Louisiana Tech at NC State
Tuesday at 7:00 pm on WRAL-FM
Our Take
Loss to Wofford re-frames Tennessee matchup for WolfpackCaulton Tudor
College football's 7 Deadly SinsBob Holliday
Shooting a concern for Tar Heels and KentuckyCaulton Tudor
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News & Features : Seasonal
What to cook for the big day, and what to do with all those leftovers. Plus, recently rated Chardonnays and Pinot Noirs
November 14, 2012
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Plus, Siduri's Adam Lee takes a winemaking gig in Willamette Valley, and the Official Champagne of (almost) everything takes on New Year's Eve
December 19, 2013
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Irumbu Kottai Murattu Singam Mp3 Songs [2009]
Cast: Larencce, Lakshmi Rai, Padmapriya, Sandhya, Ramesh Kanna & Manorama
Direction: Simbhudevan
Production: Kalpathi S. Agoram
Music: G V Prakashkumar
Lyricis: Vairamuthu
MP3 Bitrate: 320 kbps VBR
01. Vellaikari Nee – NK Balaji, Ramya, Bhargavi
02. Nenjam Nenjam – G. V. Prakash KUmar, Harini, Sulabha
03. Ilanthamizha – Tippu
04. War Theme – Rahul Nambiar
05. Kanna Nee Ennai – Bombay Jayshree, Navin Iyer, D.A. Srinivas
06. Raja Singam – Rahul Nambiar, Shakthi, Bigg Nikk
07. IKMS Theme
Copy the code below to your web site.
Posted by admin on February 17th, 2011. Filed under G V Prakashkumar, Larencce, Tamil Movies Mp3 Songs 2009. You can follow any responses to this entry through the RSS 2.0. Both comments and pings are currently closed.


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Pulman, Mark (2008) Personal attributes and rehearsing in a band. In: Research Fora, 2nd December 2008, University of Huddersfield. (Unpublished)
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Join us for WOW! Politics 2015 - the Resource-Packed CPD Course for A Level Politics
Parliament: Order! Oder! More revolting MPs
Useful article in the Independent Order, order! Why the newest Tories are a major headache for Cameron. Based on research by Philip Cowley at Nottingham University it shows that the Conservative MPs elected in 2010 are the most rebellious. Here is a revealing quote:
The so-called "class of 2010" is playing a central role in the simmering discontent facing the Prime Minister on a range of issues, a study next month will disclose. The Government has suffered a revolt in 43 per cent of Commons divisions between the general election in May 2010 and Christmas 2011, by far the highest rate in modern times. Tories have rebelled in 31 per cent of votes. Particularly worrying for Mr Cameron is that more than half of the Conservative rebels have been "newbie" MPs, voting 340 times against their leader.
Useful analysis for arguing that Parliament still has a life of its own and executive dominance is not to be just taken for granted.
Party Leaders in the spotlight
A few more articles which focus on the fortunes of the various party leaders.
Ed Miliband's performance is certainly under scrutiny. James Macintyre [co-author of the recent Ed: the Milibands and the making of a Labour leader] has an article in the Guardian - Ed Miliband is just not radical enough
Contrary to David Cameron's accusation of being too 'leftwing', the Labour leader's vision is being obscured by opportunism. He writes:
The end of the year provides a good time for reflection. Contrary to conventional wisdom, Miliband's problem is not that he is too "leftwing", to use the word David Cameron now attacks him with. It is more complicated, and actually graver, than that. Instead, he is not consistently radical enough. His long-term vision is being obscured by incoherent opportunism epitomised by two judgment calls this year: calling for Kenneth Clarke's resignation and exploiting the scare over immigration.
More on the Milband debate can be followed in John Rentoul's blog in the Independent:1
"He needs to be much more Blair-like"
Cameron's performance as PM and his relationship with his own party is always well chronicled by Tim Montgomery [conservativehome] - he has an article in the Independent An appetite for conservatism that the PM doesn't always satisfy Cameron's position has strengthened after he has acted in recognisably conservative ways. He asserts:
The Conservative Party has never fallen in love with David Cameron. Today's ConservativeHome survey of Tory members for The Independent shows that he is only eighth in a 15-person league table of centre-right politicians.
Thus once again highlighting that one of Cameron's weaknesses as a 'powerful PM' is his ability to take his own party with him and rely on their support.
And just to end the festive season Bruce Anderson in the Telegraph says Santa Claus David Cameron will have to discover his inner Scrooge and that:
Despite his strengths, Cameron can sound like a vicar jollying along a church outing
PM: 'Politics is getting really interesting at the moment'
How powerful is the PM? Well recently the import of external factors has been especially important in evaluating PM's performances. As Macmillan once famously said 'Events, dear by, events!'. A few interesting article in today's press which look at the performances over the last year of key political figures and give some valuable ammunition for the 'PM and Cabinet' Topic.
1. Steve Richards in the Independent looks at the performances of Ed Balls, Alex Salmond and David Cameron - and his conclusion is obvious in the title Well done Alex and Ed, but David wins by a head. He asserts "Leaders or aspiring leaders must try to appear overwhelmingly dominant, when mostly they are not".
A useful excerpt on Cameron - who is also described as being elusive to the point of being uninteresting is:
Cameron is the third candidate. He leads on the narrowest of stages. To the one side of him are the increasingly stroppy Liberal Democrats, on the other is an assertive parliamentary party that cannot be easily appeased with the promise of ministerial jobs. Prime ministerial patronage is a powerful weapon in controlling a party, but Cameron has fewer jobs at his disposal in a coalition. Meanwhile, economic storms are brewing on a scale that makes those of the 1970s and 1980s seem little more than minor breezes.
Other leaders in comparable circumstances were exhausted and demoralised. Harold Wilson leading a hung parliament in the 1970s, John Major in the economic doldrums in the early 1990s and Gordon Brown in 2008, all lost their humour and political guile partly because there was no cause for laughter and they felt trapped politically. Cameron remains vivacious and witty and is implementing a radical Tory agenda without having won the election. In policy terms, he is skating on thin ice and I suspect the ice will crack next year, but, for now, we are looking back.
2. Another article, if unfortunately hiding behind the Times paywall, is Let's be honest. How did the leaders do in 2011? by Mehdi Hasan, Tim Montgomerie and Mark Pack. It comments:
Pity poor Ed Miliband. By any objective assessment, he has had a good year. His leadership is secure, his party united. Despite losing in the Scottish Parliament elections to the SNP, Mr Miliband gained more than 800 seats in May's local elections and won five parliamentary by-elections in a row. Labour consistently polls at around 40 per cent and has been ahead of the Conservatives for much of 2011, as austerity failed and growth ground to a halt.
Global Issues: Terrorism ~ sub-Sarahan Terrorist threat
The Independent has a relevant article on terrorism Largely unnoticed, violent Islamist groups have been looking across the Sahara
Boko Haram's goals are still inherently local, but there are fears that more internationalist groups may seek to link up. The article comments:
The attacks on churchgoers in Nigeria yesterday [by Boko Haram] will further inflame the already tense relationship between Muslims and Christians in Africa's most populous nation.
Global Issues: North Korean leader Kim Jong-il dies
Kim Jong-il North Korea's leader has unexpectedly died of a heart attack. Global Issues students should follow up on this as unpredictable North Korea has been led by a 'cult' and developments tied to one of the world's most unstable and nuclear tipped states should be seen with alacrity in relation to the issue of WMD and proliferation.
The BBC carries the story and some useful analysis: N Korean leader Kim Jong-il dies
Also the CFR has a comprehensive piece [including an interactive link] :
North Korea after Kim. It starts:
The death of North Korean leader Kim Jong-Il on December 18, 2011, has raised serious concerns over the future of the country and stability in the Korean peninsula. His son Kim Jong-un is now expected to take over the helm of the nuclear-armed Communist country, one of the most closed-off societies in the world. A September 2008 CFR Council Special Report says there is a possibility North Korea might intentionally transfer nuclear weapons or materials to a terrorist group, and thus merits Cold War-style methods of deterrence from the United States. While some experts believe the country might see some reform in the period after Kim, others see little hope for change, especially in the ongoing effort to rid North Korea of its nuclear weapons.
Core Exec: Cabinet Secretary has few regrets.
Important read in relation to studying the core executive, with particular reference to the key role of the Civil Service in the Observer: Gus O'Donnell prepares to quit as cabinet secretary with few regrets
It starts:
A meandering walk from Parliament Square to the cabinet office takes you past all of the grandest landmarks of Sir Gus O'Donnell's civil service career. The Treasury – where the economist started out in 1979. On past 10 Downing Street, where fellow south London boy John Major first brought him in as press secretary in 1990 and where, as cabinet secretary, he later minuted those controversial discussions about the decision to invade Iraq. Right outside the entrance to his own office at number 70 is a relatively new memorial – to the women of war. It seems apt for a man so proud of encouraging diversity in the senior echelons of the mandarin classes.
Global Issues: Changing Nature of Conflict - 'Asymmetrical' Conflict in Afghanistan
On December 5, foreign ministers from some ninety countries will converge on the Rhineland city of Bonn to discuss Afghanistan's future. They will be meeting exactly ten years after an earlier Bonn conference appointed a new government for the country in the wake of the Taliban's retreat from Kabul. Interesting article in Chatham House's World Today entitled : Afghanistan - More harm than good?
Beyond giving a snap shot of Afghanistan's ongoing complications, it has a quick reference to the nature of the 'asymmetrical' nature of the war being waged:
As the conflict is one of 'asymmetrical warfare', the Taliban always slip away from direct confrontation with ISAF troops and use other methods to exert their power. Assassinations of government officials continue at a high level and, in a new tactic this year, the Taliban and the other insurgent groups started to impose an evening mobile phone blackout in more than half the country's provinces. They warn the four mobile phone network providers to shut down from dusk to dawn or have their masts blown up; a simple but psychologically effective tactic that reminds every frustrated would-be mobile phone user just how extensive the Taliban's reach has become.
Global Issues; WMD - Curbing Iran's 'rogue' tendencies
The 'breaching' of the British embassy in Tehran and subsequent withdrawal of the diplomatic mission tied with recents reports pointing to Iran intensifying their nuclear programme have once caste into sharp relief Iran's 'rogue' tendencies and internatiojnal attempts to deal with Iran.
Two worthwile recent articles:
1. David Owen in the Telegraph: David Owen: If Britain stands firm, it may yet tame IranThe solution lies in selective sanctions – not being sucked into military conflict . It starts:
In Iran, the hardline Islamists call Britain "the little Satan". This is in contrast to the United States, which they call "the Great Satan". To some extent, the attack on our Embassy in Tehran is part of that positioning: they see us as a serious enemy and think we deserve this deliberate action, because the UK along with the US and Canada has recently cut its banking links with Iran.
2. In the Guardian Lord Malloch Brown in Expelling Iran's diplomats: a dangerous showdown argues that the real threat to British diplomacy in Iran is not losing an embassy, but being seen as a US proxy. He asserts:
Iran's preoccupation with its own security and relations with what it sees as the threats of the US, Israel and Saudi Arabia have always offered the prospect of a wider canvas on which to provide guarantees against outside interference, in return for curbing Iran's nuclear and conventional armament programme. The real value of a more imaginative diplomacy of this kind would have been to remove the prop that has kept this unpopular regime going: the threat of foreign intervention.
Global Issues: Poverty and Development: New Transparency International Corruption Index
Transparency International - the NGO dedicated to monitoring political and corporate corruption - has just unveiled its Corruption Perceptions Index for 2011. War torn states are still the most corrupt in the world - with Somaila, everyone's favourite 'failed state', topping the list as the world's worst country followed by Burma, Afghanistan and North Korea. New Zealand keeps top place as the world's least corrupt countries, with the UK 16th.
To folow up:
1. Look at Transparency International's website which has interactve map, full list and explanatory vidoe clip. Click here,
2. Article in the Independent: New report shows UK corruption 'has increased'


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Ivan Reitman
Ghostbusters 3 Set To Continue Following Dead Of Harold Ramis
Ramis passed yesterday as a result of complications due to an autoimmune disease.
Ghost Busters 3 Expected To Begin Filming Summer 2013
Ghostbusters 3 looks to begin filming next Summer directed by Ivan Reitman.
Ghostbusters 3: "Still Working On it" Says Director Ivan Reitman
Will Ghostbusters 3 ever be made? If they can get it right, says director Ivan Reitman.


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I have a little buddy that follows me around all day, especially when we are at home together. His name is Coco and he is my furry best friend. He is gentle and loving and is a permanent member of our family…we don't know what we would do without him. I try to make sure he is well taken care of by giving him fresh water and the food that is good for his sensitive stomach. Petmate really makes it easy for myself and Coco with their Replenish Waterer and Feeder for dogs and cats. They also carry an extensive line of pet toys, bedding, houses, treats and accessories.
The Waterer is such a great idea because it provides a continuous flow of fresh and filtered water for your furry family member. There are 5 different sizes to choose from and each one also comes with a water filter. The water filter attaches to the underside of the water dispenser, where the water comes out, and lasts for up to 6 months. You can purchase a 3 pack replacement filters, so that you have them on hand, whenever they need replacing. The base of the water unit also has Microban protection, which prevents the growth of stain and odor causing bacteria. So, all you have to do is unscrew the clear water dispenser from the base and fill it with fresh water. Then screw it back on the base and it will automatically keep the water available for your dog or cat.
The Feeder is also extremely handy for Coco and I. You just unscrew the clear dispenser from the base and fill the unit with food and screw it back on the base. There is a little hinged door that dispenses more food as the food level gets lower. The untouched food sits safely inside the clear dispenser and stays fresh, until it is ready to be consumed. This feeder also has Microban protection, which, prevents the growth of stain and odor causing bacteria. As you can see in the picture below, Coco is a huge fan (and so am I)!
ABOUT PETMATE (from their website):
Petmate, with its family of brands, is the trusted authority in smart pet care solutions. As the first to provide a safe and comfortable alternative to wooden travel crates, Petmate has gone on to introduce smart solutions for every stage in a pet's life. At Petmate, we believe in what we do, because we have pets too! Check out all of the other great brands and products in the Petmate family: Bamboo, Fat Cat, Booda, Petmate and Aspen Pet.
* The winner will receive a Dog or Cat Toy of Your Choice from PetMate
*This giveaway is open to the US ONLY
Disclosure of Material Connection: I received the water and food dispenser mentioned above for free for review purposes from Petmate. I was not required to write a positive review. The opinions I have expressed are my own. I am disclosing this in accordance with the Federal Trade Commission's 16 CFR, Part 255: "Guides Concerning the Use of Endorsements and Testimonials in Advertising."


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Pair your Thursday with some wine and treats
Hot Pink Cake Stand has a special event coming up at its Monkey Junction location. The bakery and restaurant at 5543 Carolina Beach Road, Wilmington, in the Village at Myrtle Grove will host a Wine Pairing Event at 7 p.m. Thursday. Participants get to sample five wines paired with five small bites, two savory and three sweet, for $20 per person. There are all-new pairings for every event, and the sweet treats are usually creations beyond cupcakes. Seating is limited;… Read More »


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7 Tips to Qualify for the Boston Marathon
By Tyler Pake
To qualify for the Boston Marathon, you need to run faster than most in your age group. Here are seven tips to help you achieve this prestigious honor
The marathon is running's most sought-after goal. This is the perfect spot to fill out your marathon race calendar and pick up training tips for future marathon races.
Get Free Running Tips and Advice Delivered to Your Inbox
Jason is a USA Track & Field certified coach and creator of Strength Running, a Greatist "Must Read Health & Fitness Blog" of 2013 that hosts over 150,000 monthly readers.