text:
Germany 25 November 1998 Supreme Court (Surface protective film case) [translation available]
[Cite as: http://cisgw3.law.pace.edu/cases/981125g1.html]
CASE HISTORY: 1st instance LG Heidelberg 2 October 1996; 2d instance OLG Karlsruhe 25 June 1997 [reversing]
SELLER'S COUNTRY: Germany (defendant)
BUYER'S COUNTRY: Austria (plaintiff)
GOODS INVOLVED: Surface protective film
Case abstracts
GERMANY: Bundesgerichtshof 25 November 1998
Case law on UNCITRAL texts (CLOUT) abstract no. 270
Reproduced with permission from UNCITRAL
A German seller, defendant, delivered surface-protective film to an Austrian buyer, plaintiff, for use by the buyer's business partner. The buyer did not test the film, which had to be self-adhesive and removable. When the film was removed from polished high-grade steel products by the buyer's business partner, it left residues of glue on the surface. Upon being so advised, the buyer notified the seller the next day. However, this notice was given 24 days after the film had been delivered. The buyer paid the expenses of removing the glue residue and brought a claim for reimbursement of these expenses against the seller. The appellate court had dismissed the buyer's claim (see Case No. 230) and the buyer appealed further.
The Supreme Court reversed the appellate court's decision and allowed the buyer's claim.
It confirmed that the CISG is applicable if the parties have chosen, even by means of standard contractual provisions, the law of a Contracting State to govern their contract (article 1(1)).
The court found that the seller had waived its right to rely on articles 38 and 39 of the CISG. It stated that a seller can waive its rights not only expressly but also in an implied manner. The preconditions for an implied waiver are specific indications that would cause the buyer to understand the seller's action as a waiver. The fact that a seller enters into negotiations over the lack of conformity of the goods need not necessarily be regarded as a waiver, but should be considered in conjunction with the circumstances of each case. In this case, negotiations as to the amount of damages and the manner in which damages should be paid had taken place between the parties over a period of 15 months, during which time period the seller had not reserved the right to rely on articles 38 and 39 of the CISG. Furthermore, at the buyer's request, the seller had paid the expenses of an expert. Moreover, the seller had offered damages amounting to seven times the price which the seller had received for the surface-protective film. The court held that, from the buyer's point of view (article 8(2) and (3) CISG), it could only be understood that the seller would not, at a later point of time, rely on articles 38 and 39 of the CISG.
The court left open the issues of whether examination under article 38 of the CISG should have included a test treatment by the buyer and whether the buyer had had a reasonable excuse for failure to give notice within the required period of time (article 44 CISG). It also left open the issue of whether the seller had lost the right to rely on the provisions of articles 38 and 39 by means of article 40 of the CISG.
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APPLICATION OF CISG: Yes [Article 1(1)(a)]
Key CISG provisions at issue:
Classification of issues using UNCITRAL classification code numbers:
6B [Agreements to apply Convention: choice of law of Contracting State]; 8B ; 8C [Interpretation of intent based on objective standards; Interpretation in light of surrounding
circumstances: negotiations between parties to contract and conduct subsequent to agreement]; 38A1 [Buyer's obligation to examine goods as soon as practicable in the circumstances: waiver]; 39A2 [Requirement to notify seller of lack of conformity: buyer must notify seller within reasonable
time (waiver)]
6B [Agreements to apply Convention: choice of law of Contracting State];
8B ; 8C [Interpretation of intent based on objective standards; Interpretation in light of surrounding circumstances: negotiations between parties to contract and conduct subsequent to agreement];
38A1 [Buyer's obligation to examine goods as soon as practicable in the circumstances: waiver];
39A2 [Requirement to notify seller of lack of conformity: buyer must notify seller within reasonable time (waiver)]
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Excerpt from commentary by Peter Schlechtriem on Uniform Sales Law in the Decisions of the Bundesgerichtshof*
* Commentary on CISG issues considered by the BGH, presented in "50 Years of the Bundesgerichtshof [Federal Supreme Court of Germany]: A Celebration Anthology from the Academic Community". Click here for the full text of this commentary.
Waiver ; Intent ; Lack of conformity notice, timeliness . "The margin of discretion left to the courts through the use of terms open to interpretation can ... be insufficient to attain that which is felt to be the just, and therefore desirable, result in a particular case. Understandably, the court will then seek solutions that allow the circumvention of the legal rules and their perceived as harsh consequences. In cases dealing with the failure to give proper notice, it was therefore often claimed under ULIS that the seller could not rely on that failure because he either knew of the lack of conformity or could not have been unaware of it.92 What was conceived as an extreme exception became practically a regular corrective measure in practice.93 The Bundesgerichtshof also had to repeatedly deal with this phenomenon. In a case decided in 1989,94 the German buyer bought machines for the processing of wood from an Italian supplier. The machines were to be partially resold in the USA but evidently were not suitable for the voltage tension there. The issue was whether timely and substantiated notice was given. The appellate court rejected the application of Art. 40 ULIS. The Bundesgerichtshof reversed because the seller's grossly negligent unawareness would already be enough to exclude a claim of failure to give notice. That was most likely the case and the action was sent back for further facts. The period of notice for lack of conformity of the goods, which runs from the time of delivery -- under Art. 49(1) ULIS one year, under Art. 39(2) CISG two years -- can, like the time period for giving notice, also be perceived as being too harsh in a particular case. In such a case the determination of whether the seller knew or could not have been unaware provides a means of extrication.95
"Unfortunately, the Convention does not give any answers to the question, whether and when negotiations, etc. between the parties have an influence on the statutory time periods, particularly the time period for giving notice and the statute of limitations.96 Should one desire to not let party negotiations over the buyer's claim of non-conformity go completely without influence on these time periods, then various solutions come into consideration. In my opinion, recourse to national law is unavailable because this question concerns a matter clearly governed by the Convention and therefore one must first attempt to close internal gaps in conformity with the general principles of the Convention. One principle suitable for gap-filling could be that of estoppel due to conflicting conduct, a principle that has found expression in Art. 16(2)(b) CISG and Art. 29(2) CISG. However, this approach, which was applied by the Arbitration Tribunal of the Federal Chamber of Commerce in Austria,97 would not only considerably increase the uncertainties associated with the application of the examination and notice provisions, but would also have the unwanted side-effect of preventing negotiations.98 Preferable is therefore the solution favored by the Bundesgerichtshof: to examine whether the seller made an acknowledgement of proper notice or legally waived the right to claim lack of notice.99 A basic principle of the Convention that allows a corresponding rule for gap-filling is the principle of party autonomy found in Art. 6 CISG and in numerous other provisions. The seller's statement that it will 'answer for and properly deal with' legitimate complaints can therefore be interpreted as the seller's offer to waive its right to claim untimely or improper notice, or as its acceptance of a corresponding offer by the buyer.100 Interpreting such a reaction by the seller to a buyer's complaint about the goods as a waiver also releases the court from the need to examine whether the buyer's objection fulfilled the requirements of giving proper and timely notice. Naturally, the threshold for such a waiver must not be set too low. Although primarily a question of interpretation, and therefore a task for the trier of fact, the Bundesgerichtshof confirmed in a 1998 decision [this case] 101 the possibility of an implied waiver by the seller (while leaving open the question of forfeiture) but insisted on clear substantiation. In the Court's view, the mere entering into negotiations is not enough, since that might only express the seller's wish to first attempt an amicable settlement of the dispute over the lack of conformity. Moreover, the assumption of an implied waiver is also ruled out when it concerns rights unknown to the other party and with whose existence that party did not reckon. In this particular case, the long duration of the negotiations (15 months) and the fact that the seller had legal counsel, was interpreted (from the buyer's point of view) to show an implied intention to waive by the seller. If the seller wished to avoid such a consequence, then it could have reserved its right, 'expressly or at least discernibly for the buyer,' to still object to the delay despite the negotiations. With this reasoning, the Bundesgerichtshof took into consideration the concern, also noted by the appellate court, that too generous an assumption of waiver in negotiations could hinder the public policy goal of keeping sellers willing to negotiate.102 This decision deserves unreserved approval, and the appropriation of corresponding solutions and formulas from internal German law is inoffensive since they ultimately are founded on the principle of broad party autonomy common to the BGB/HGB and the CISG."
92. Art. 40 ULIS.
93. See the numerous cases on Art 40 ULIS cited in Schlechtriem/Magnus, Internationale Rechtsprechung zu EKG und EAG, 1987.
94. BGH of 5 July 1989, supra note 88.
95. Concerning the ULIS, see BGH of 27 June 1990, NJW 1990, 3077, 3080 f.
96. The UNCITRAL Convention on the Limitation Period in the International Sale of Goods of June 14, 1974 in the protocol version of April 11, 1980 recognizes the interruption of the statute of limitations through acknowledgement of the claim, but not the tolling of the statue due to negotiations. See Art. 20 Convention on the Limitation Period. With the subsidiary application of German law, § 639(2) BGB would presumably apply with respect to negotiations for the statute of limitations period in § 477 BGB, which, in accordance with Art. 3 of the Contract Act, does not begin to run until notice is given. See Schlechtriem/Schlechtriem, supra note 12, at Art. 3 VertragsG, para. 11.
97. Arbitration award SCH-4318 of 15 June 1994, RIW 1995, 591, 592 sub 5.5 [case presentation also at <http://cisgw3.law.pace.edu/cases/940615a4.html>].
98. Schlechtriem, Commentary to Arbitration Awards SCH-4366 and SCH-4318 of 15 June 1994, RIW 1995, 592, 594 sub IV [case presentations also at <http://cisgw3.law.pace.edu/cases/940615a3.html> and http://cisgw3.law.pace.edu/cases/940615a4.html>].
99. On ULIS see BGH of 2 June 1982, NJW 1982, 2730-2732 sub II. 3 (on the seller's acknowledgement of the buyer's claim to a substitute delivery).
100. BGH of 23 July 1997, NJW 1997, 3309, 3312 sub II. 1. b) [case presentation also at <http://cisgw3.law.pace.edu/cases/970723g2.html>].
101. BGH of 25 November 1998, NJW 1999, 1259, 1260 f. sub III. 2. a) and b).
102. BGH of 23 July 1997, supra note 100, at sub III. 1. c).
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English: Unilex database <http://www.unilex.info/case.cfm?pid=1&do=case&id=356&step=Abstract>
German: [1999] Eildienst: Bundesgerichtliche Entscheidungen (EBE/BGH) 105; [1999] Entscheidungen zum Wirtschaftsrecht (EWiR) 257
Original language (German): Click here for this text (sourced from <http://www.rws-verlag.de/bgh-free/volltex/1999/vo47380.htm>) see also cisg-online.ch <http://www.cisg-online.ch/cisg/urteile/353.htm>; [1999] Aussenwirtschafliche Praxis 176; [1999] Der Betrieb (DB) 687; [1999] Praxis des Internationalen Privat- und Verfahrensrechts (IPRax) 377; [1999] Lindenmaier-Möhring: Nachschlagewerk des Bundesgerichtshofs in Zivilsachen (LM CISG) CISG no. 5; [1999] Monatsschrift für Deutsches Recht (MDR) 408-409; Neue Juristsche Wochenschrift (NJW) 1259-1261; Recht der Internationalen Wirtschaft (RIW) 385; [1999] Transportrecht, Beilage "Internationales Handelsrecht" (TranspR-IHR) 18-20; [1999] Wertpapier-Mitteilungen (WM) 868; Unilex database <http://www.unilex.info/case.cfm?pid=1&do=case&id=356&step=FullText>
Translation (English): Text presented below
English: Witz, ICC International Court of Arbitration Bulletin, Vol. 11/No. 2 (Fall 2000) 16 n.19; Kuoppala, Examination of the Goods under the CISG and the Finnish Sale of Goods Act (2000) § 4.9 [analysis of related articles 38, 39, 40 and 44 (includes digests of relevant material in many CISG cases; also digests cases under a domestic sales code that is patterned, for the most part, after the CISG)]; Schlechtriem, in: Uniform Sales Law in the Decisions of the Bundesgerichtshof (2001), at nn.69, 101; Bernstein & Lookofsky, Understanding the CISG in Europe, 2d ed., Kluwer (2003) § 4-9 n.141; CISG-AC advisory opinion on Examination of the Goods and Notice of Non-Conformity [7 June 2004] (this case and related cases cited in addendum to opinion); [2004] S.A. Kruisinga, (Non-)conformity in the 1980 UN Convention on Contracts for the International Sale of Goods: a uniform concept?, Intersentia at 68, 106, 108; [2005] Schlechtriem & Schwenzer ed., Commentary on UN Convention on International Sale of Goods, 2d (English) ed., Oxford University Press, Art. 6 para. 14 Art. 8 para. 37 Art. 39 para. 33 Art. 74 para. 21; CISG-AC advisory opinion on Calculation of Damages under CISG Article 74 [Spring 2006] n. 100 (related cases cited in addendum to opinion)
French: Niessen, Dalloz Sirey: Paris (November 1999) 356
German: Escher, [1999] Recht der Internationalen Wirtschaft (RIW) 495; Magnus, Lindenmaier-Möhring: Nachschlagewerk des Bundesgerichtshofs in Zivilsachen (LM CISG) CISG no. 5; Otte, [1999] Praxis des Internationalen Privat-und Verfahrensrechts (IPRax) 352-356; Piltz, [1999] Transportrecht, Beilage "Internationales Handelsrecht" (TranspR-IHR) 13 [17 n.49]; Schlechtriem, [1999] Entscheidungen zum Wirtschaftsrecht (EWiR) 257-258Go to Case Table of Contents
Queen Mary Case Translation Programme
Docket No. VIII ZR 259/97
Translation [*] by Todd J. Fox [**]
Translation edited by Ruth M. Janal [***]
The plaintiff [buyer] is domiciled in Vienna, Austria. [Buyer] produces stainless-steel sheet metal, which it then delivers to its customers for further processing. For protection against damage during transport and processing the metal is covered with self-adhesive foil that must be fully removed after processing.
The [buyer] has had a business relationship for several years with the defendant [seller], who is based in Heidelberg, Germany. The [buyer] had in the past repeatedly obtained this type of protective foil from the [seller] without complaint. In March 1995, the [buyer] again ordered 7,500 square meters of foil from the [seller], which was delivered on 28 March 1995. The [buyer] inspected the delivery for completeness and exterior imperfections but did not test it. Thereafter the [buyer] used the foil for, among other things, a section of polished stainless steel sheet metal, which it then delivered to its customer, Company B. GmbH. On 20 April 1995 Company B. informed the [buyer] that after stripping off the foil "the complete adhesive residue stuck like an adhesive film on the polished surface." As a result, the [buyer] notified the [seller] on 21 April 1995 of the contract non-conformity.
Company B. cleaned the stainless-steel surface at a total expense of 492,240.- sA [Austrian shillings], which the [buyer] then reimbursed. Thereafter, the [buyer] and the [seller] sought in vain to come to an agreement concerning the settlement of damages. During these negotiations, the [seller] did not complain that it was not notified of the foil defect until 21 April 1995. In the present proceedings, the [buyer] demands reimbursement from the [seller] for the 492,240.- sA [buyer] paid as compensation to Company B. The [buyer] alleges that it gave timely notice of the defect according to the United Nations Convention on International Sales of Goods of 11 April 1980 (hereafter CISG). The [buyer] claims that the [seller]'s general terms and conditions, which provide for an eight-day notification limit, were not part of the contract. [Buyer] also maintains that the defect was not manifest until the destruction of the adhesive film was ongoing. Furthermore, the [buyer] alleges that the [seller] willfully deceived the [buyer] since the [seller] used a different adhesive than the usual, faultless, rubber adhesive.
The [seller] alleges that the notice of defect was too late. [Seller] further alleges that it had previously used the type of acrylic adhesive that was used in this delivery. According to the [seller], it was not the type of adhesive, but rather it was the adhesive-charge that was used that was unforeseeably defective. In its partial judgment of 2 October 1996, the Landgericht [Regional Court] reasoned that the [buyer]'s claim was justified and ordered the [seller] to pay 35,160.- sA. Upon appeal by the [seller], the Oberlandesgericht [Court of Appeals] reversed the first judgment and dismissed the suit. The [buyer] appeals on points of law.
I. The [seller] did not appear at the oral hearing. Therefore, as per the [buyer]'s petition the appeal is to be decided by default judgment. As regards content, however, the judgment is not based upon the consequences of default, but rather upon the examination of the entire still-relevant state of the dispute (BGHZ [*] 37, 79, 81 et seq.).
II. The Court of Appeals explains that the CISG applies to the legal relationship between the parties since Germany and Austria are Contracting States to the this Convention. The choice of law provision in No. 13 of the [seller]'s general terms and conditions ("German law applies") does not contradict this finding.
The delivered foil did not conform to the contract under Arts. 35 and 36 CISG. The [buyer], however, did not meet its duty under Art. 38 CISG to examine the goods "within as short a period as is practicable." For the examination of the goods, it was advisable that the [buyer] undertake a trial-processing, which it should have begun within three to four days after delivery. The [buyer] would have then been able to discover the defect within a time period of at most ten to eleven days after delivery since, as noted in the expert's report from the Austrian Synthetics Institute that [buyer] submitted, the build-up of adhesive residue is visible after seven days at the latest. Consequently, the notice period of Art. 39 CISG began to run ten to eleven days after the 28 March 1995 delivery-that is to say on the 7th or 8th of April 1995. For the present case concerning non-perishable goods, a notice period of approximately eight days is reasonable. The notice of defect on 21 April 1995 was therefore several days late. Art. 40 CISG does not bar the [seller] from relying on the delay of notice since the [buyer] has not produced any proof that the [seller] knew or "could not have been unaware" of the lack of conformity of the adhesive coating. Moreover, the [buyer] was not able to refute the [seller]'s assertion that [buyer] had already repeatedly used transparent acrylic adhesive on its foil without it having built any adhesive residue. This assertion of the [seller] would indicate a defective adhesive, but not the general unsuitability of the type of adhesive.
The [buyer] was not able to produce a "reasonable excuse," as available under Art. 44 CISG for failing to give timely notice. Article 44 CISG only concerns the notice period of Art. 39(1) CISG, thus it does not apply when, as here, the notice is late solely because the buyer did not conduct an orderly examination the goods as provided in Art. 38 CISG. Finally, the [seller] did not forfeit its right to object to the lateness of the notice. Even though according to Arts. 7(1) and 80 CISG, the principles of good faith apply, in this perspective it is not an impermissible exercise of rights for the [seller] to presently object to the untimely notice. This is so, notwithstanding the fact that the [seller] did not object before these proceedings, but merely negotiated over the alleged defect and settlement of damages. It is accepted under § 377 HGB [*] that holding negotiations over an alleged defect does not mean that the seller waives the objection to delay. Any other decision would mean that any willingness to negotiate, even to oblige the buyer, would put the seller in danger of losing its right to object to the delay; this would not be appropriate. Here the [buyer] did not present special circumstances, which (exceptionally) would show a clear waiver by the [seller]. Such circumstances are also not to be found in the submitted written exchanges of the parties.
III. These elaborations do not withstand legal scrutiny.
1. The Court of Appeals was correct to apply the CISG and also to affirm the Convention's application in case the [seller]'s general terms and conditions had become part of the contract. As the Court of Appeals properly explained, the referral to German law (here through No. 13 of [seller]'s general terms and conditions) in principle leads to the authority of the CISG. This law of sales, as part of German law and as special law for the international sale of goods, has priority over non-uniform German sales law. The parties do not assert that in this case something else should apply as an exception.
2. It may remain undecided whether the Court of Appeals was correct that the [buyer] in this case should have undertaken a trial-processing of the foil (Art. 38 CISG) and that, as a result of its omission to undertake such an examination, the [buyer] passed the notice period of Art. 39(1) CISG. This applies equally with regard to the Court's findings that the [seller] was not denied its right to object to the delay because of bad faith (Art. 40 CISG), and that the [buyer] had no reasonable excuse for the delay in giving notice (Art. 44 CISG). All of this requires no final decision. The [seller] may at any rate no longer rely on the claimed delay because it impliedly waived this objection during the negotiations over the settlement of damages.
The interpretation of individual legal declarations is generally the task of the Court of First Instance and is only limitedly verifiable at the appellate level. However, the finding of the Court of Appeals that the [seller] did not lose its right to rely on the untimely notice is, as the appeal correctly notes, based upon a violation of accepted rules of interpretation - especially of the principle that an interpretation be just as to each party's interests. Furthermore, it ignores essential procedural material (§ 286 ZPO).[*]
a) The records of the Court of Appeals do not sufficiently indicate whether the Court wanted to consider the [seller]'s conduct before these proceedings with regard to the objection on the grounds of forfeiture of the delay, or on the grounds of an implied waiver - which differs from forfeiture. The question of forfeiture can remain open, however, since in any case according to the findings of the Court of Appeals it is presumed that the [seller] impliedly waived its right to object to the delay.
It is recognized in the judgments of the Federal Supreme Court that a seller can also impliedly waive the right to object to an untimely notice of defect. The possibility of this type of waiver is especially fitting within the scope of § 377 HGB when the seller unconditionally takes back the complained-about goods, or without reservation promises to remedy the goods, or does not raise objection to the delay. Nonetheless, the mere entering into negotiations over defects asserted by the buyer is usually not to be seen as this type of waiver since the seller may thereby wish first of all to attempt to arrive at an amicable settlement of the dispute. Even the fact that the seller does not raise the objection to the delay until trial, or under circumstances not even until appeal, does not alone establish an implied waiver (see generally panel [Senat = panel of the Federal Supreme Court] judgment of 19 June 1991, VIII ZR 149/90 = BGHR HGB § 377, objection to delay 1 m.w.Nachw.).
Since a general waiver of rights is not to be presumed, clear supporting facts must be presented which the buyer could understand as a waiver of rights; here the right in question is the objection to the delay by the contract partner. Accordingly, the acceptance of an implied waiver is ruled out when dealing with rights of which the other party is unaware and with which it has not reckoned (BGH [Bundesgerichtshof (Federal Supreme Court)], judgment of 16 November 1993, XI ZR 70/93 = BGHR BGB § 397, Disagio 1; judgment of 21 November 1996, IX ZR 159/95 = WM 1997, 330 under III).
b) There are no reservations against applying these principles, developed for German national law, within the scope of the CISG (see panel judgment of 25 June 25, VIII ZR 300/96 = WM 1997, 2313 under II 1 b). The Court of Appeals correctly proceeded from this assumption. As the appeal correctly points out however, the Court of Appeals did not sufficiently consider important circumstances in the facts of this case when it judged the [seller]'s conduct to be merely an expression of willingness to negotiate and generosity due to the rather long lasting business relationship between the parties.
The [seller], after inspecting the defect for itself, agreed without reservation with the [buyer]'s notice of defect. Thereafter, the [seller] negotiated exclusively over the manner of settlement and the amount claimed by the [buyer] as reimbursement for the sum of 492,240.- sA that it had paid to its customer, which the [seller] rejected as excessive. The [seller] never cast a doubt concerning the contract non-conformity as such. Moreover, the appeal correctly points out that the [buyer] already indisputably stated in its action that the [seller] had reimbursed [buyer] for the costs of the expert opinion by the Austrian Synthetics Institute in the amount of 11,300.- sA. Furthermore, the [seller], according to its letter of 31 July 1995, offered to reimburse the [buyer]'s cleaning costs of 16,500.- DM [Deutsche Mark] through the free delivery of 30,000 square meters of protective foil with rubber adhesive. Finally, by letter from its legal counsel dated 18 January 1996, the [seller] proposed the amount of 200,000.- sA, one half in cash payment, the other half in performance of deliveries. This is a considerable sum in view of the sale price for the disputed delivery of 4, 275.- DM. When, after [seller]'s own inspection of the claimed defect, the [seller] subsequently negotiated over the amount and manner of a settlement of damages for practically 15 months - until its answer of 9 July 1996 - without expressly or at least discernibly reserving the objection to the delay, and when the [seller] thereby not only reimbursed the costs for the expert opinion, but also offered through legal counsel to pay compensatory damages that amount to practically seven times the value of the goods, the [buyer] could then only reasonably understand (see Art. 8(2), (3)) that the [seller] was seeking a settlement of the affair and would not later refer to the allegedly passed deadline as a defense to the [buyer]'s reimbursement claim. Considering all these circumstances, the idea of a mere obliging arrangement by the [seller] must have been far from the [buyer]'s thoughts. The argument that the [seller] was not aware of the meaning of its conduct because [seller], even though advised by legal counsel, did not recognize the legal significance of the objection to the delay is rejected. The incumbency to inspect the goods and to give notice of possible defects within a reasonable time - regardless of the allotment of this notice period in the individual case - are part of the basic rules of commerce. Moreover, the [seller] expressly provided for a notice period of eight days in its general terms and conditions, which it also never relied upon before these proceedings.
c) Under these conditions, the concerns of the Court of Appeals that the acceptance of an implied waiver would have the effect that all willingness to negotiate, including merely to oblige, would put the seller in danger of losing its objection to the delay, are not justified in the present case. The [seller] was not impeded from suitably pointing out the alleged delay of notice and from reserving its rights. The [seller] would have thereby clarified vis-ŕ-vis the [buyer] that [seller]'s compensation offer and reimbursement of the expert opinion costs were of an obliging character. Without this type of reservation, the [seller] had to expect that the [buyer] would interpret [seller]'s willingness to pay as a waiver of such objections.
Further determinations in this context are not to be expected. Therefore the panel itself can interpret the [seller]'s conduct to find that in the [seller]'s unreserved settlement negotiations it impliedly waived the objection to the delay of notice, which the [buyer] gave on 21 April 1995.
IV. Therefore, the Regional Court correctly held the claim for relief as justified. The [seller]'s liability includes the consequential damages that the [buyer] suffered through reimbursement to its customer for the damages caused by the foil non-conformity (Art. 74(1) CISG; Schlechtriem/Stoll [Kommentar zum einheitlichen UN-Kaufrecht (Commentary on the UN Uniform Sales Law)] Art. 74, nn. 20, 47). Since even after consideration of the [seller]'s pleadings the [buyer]'s claim is in any case justified for the amount of 35,160.- sA, the [seller]'s appeal against the Regional Court's partial judgment is groundless.
V. To the extent that the case has reached the appellate level, it is ripe for a final decision. The panel has therefore itself pronounced that the [seller]'s appeal against the 2 October 1996 judgment of the Heidelberg Regional Court will be refused (§ 565 section 3 n. 1 ZPO).
* All translations should be verified by cross-checking against the original text. For purposes of this translation, the Plaintiff of Austria is referred to as [buyer]; the Defendant of Germany is referred to as [seller]. Amounts in German currency (Deutsche Mark) are indicated as [DM]; amounts in Austrian Schillings are indicated as [sA].
Translator's note on other abbreviations: BGHZ = Die amtliche Sammlung der Entschiedungen des Bundesgerichtshofes in Zivilsachen [Official Reporter of Decisions of the German Federal Supreme Court in Civil Matters]; HGB = Handelgesetzbuch [German Commercial Code]; ZPO = Zivilprozessordnung [German Civil Procedure Code].
** Todd J. Fox is an Associate of the Institute of International Commercial Law of the Pace University School of Law. He received his LL.M. summa cum laude from Albert-Ludwig-Universität Freiburg.
*** Ruth M. Janal, LL.M. (UNSW) is a PhD. Candidate at Albert-Ludwig-Universität Freiburg.Go to Case Table of Contents


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Education Shakeup for Future Planners
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At colleges and universities across the country, a pragmatic alliance between professors and advisors is taking shape.
To ensure that their students are receiving the real-life skills they need to succeed, the faculty and administrators in charge of these schools' financial planning curriculums are working closely with local advisors to repurpose their programs. The mutual objective is to prepare the schools' graduates to walk out of their classrooms and into jobs at nearby wealth management firms.
"We are always listening," says Vickie Hampton, chairwoman of the financial planning department at Texas Tech University. To help fine-tune the Lubbock, Texas, school's coursework, "there are number of ways advisors can be influential," she says. These include classroom visits and attending school and alumni board events.
Likewise, Ann Coulson is attuned to advisors' ideas about the planning curriculum at Kansas State University in Manhattan, Kan. "The numbers are the easy part; that's what advisors tell us," says Coulson, an assistant professor.
Less technical, softer communication skills have proved more elusive, Coulson says, so practicing advisors have consistently asked her to place greater emphasis on selling and marketing. In response, about 18 months ago, Kansas State began requiring its financial planning students to take a marketing course offered by the business school.
Such requests are coming from advisors like Ray Padrón, president of Brightworth, an Atlanta-based planning firm with $1.3 billion in assets under management. He sees recent planning graduates as deficient in marketing know-how and would like them to have a better grasp "of how to ask — not tell — clients about their financial planning needs," but to do so in a persuasive manner that "effectively steers them where they need to go."
Padrón is also critical of recent graduates' technology skills, perceiving a gap between what universities are teaching and what the industry needs. As technology becomes ever more important to the industry, "that gap," the advisor says, "is becoming more acute."
In Padrón's view, "universities have come a long way in the past 10 years, but there are still weaknesses." To correct those, he would like to see schools sponsor intramural competitions along the lines of the television series Shark Tank. Students would be presented with a wide range of planning software tools and would then vie to formulate the best possible plan based on an actual case study. Practicing advisors, like the "Sharks" on the reality TV show, would critique the plans and choose a winner.
Laila Pence of Pence Wealth Management in Newport Beach, Calif., agrees that schools need to beef up students' experiences outside the classroom. The advisor, who has $1.3 billion in assets under management, proposes adding real assets to the mock portfolios that students manage.
How do universities respond to such ideas?
In a word: favorably.
Richard Burnes, the program director for UCLA Extension's financial management programs, welcomes the idea of going outside the classroom. "We are looking at making changes with a workshop-type model," he says.
Kristine Beck, program director for financial planning at California State University in Northridge, Calif., also favors exposing students to more real-world experiences. One way is with the campus' Volunteer Income Tax Assistance Program, through which students will offer planning advice and assistance with tax preparation to low-income families.
Universities are also receiving down-to-earth input from recent graduates. Among the practicing advisors whose input Kansas State's Coulson relies on to revamp her curriculum is Marc Shaffer, who graduated from the university's planning program 10 years ago and is now a principal at Searcy Financial Services, a $170 million AUM advisory in Overland Park, Kan.
Shaffer recalls, "I was very well-prepared for the CFP exam, but there were things I remember thinking I wish I had learned." He welcomed Kansas State's recent decision to add a marketing course requirement to the program. "You need to know how to sell your ideas," he says.
He has other course requirements he would like to see Kansas State add. Among those: tax courses. After he graduated from Kansas State, Shaffer bolstered his own tax-advising knowledge through further training elsewhere.
Advisors who believe they can positively influence the curriculum of a university's planning program should take the initiative and reach out to the proper parties.
"We have to know you exist," Texas Tech's Hampton says. She notes that when advisors call to tell her their thoughts and ideas, it really does have an impact — particularly when she hears the same criticism repeatedly.
Cash also speaks volumes. "Some firms will offer scholarships," Hampton adds. "We always like money." Advisors may choose to contribute scholarship money in part to get access to hire the best graduates from a planning program.
At least three classes offered at Texas Tech have grown out of practicing advisors' suggestions, Hampton says. The school has a range of CFP Board-registered programs, from undergraduate diplomas to Ph.Ds.
After advisors suggested that graduates needed better communication and counseling skills, the school created its capstone course, in which each student develops a comprehensive financial plan. In 2005, advisors told faculty members that Texas Tech graduates needed more technological expertise, specifically in financial planning software. Out of those discussions, Texas Tech developed a course to help students acquire that knowledge, Hampton says.
More recently, advisors have asserted that graduates needed better selling skills. "Even though firms aren't selling products, it takes marketing and sales skills to help clients develop financial planning programs," Hampton says. Three years ago, Texas Tech began requiring students to take a sales and marketing course.
Change doesn't come at lightning speed. "It takes six months to a year to get a new course on the books, and getting new faculty takes even more time," Hampton says.
Two graduates of Texas Tech have joined Abacus Planning Group, says Cheryl Holland, founder of the Columbia, S.C., advisory firm, with $836 million in assets under management. Both have entered the firm's partnership track.
In general, Holland likes hiring a mix of liberal arts majors and graduates of financial planning programs. Planning program graduates "know what they're engaging in," she says. They know how to work as a team, develop analytics and "they've had exposure to the soft people skills."
Miriam Rozen, a Financial Planning contributing writer, is a staff reporter at Texas Lawyer in Dallas.
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subset: commoncrawl


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How to set up your Sleep Guide Follow
The Virgin Pulse Sleep Guide provides a personalized approach to sleep management. Let's get you started! Please note, the Sleep Guide must be offered by your sponsor in order for you to be able to access it.
1) Log into your account on the Virgin Pulse member website.
2) Hover over "Tracking" in the top-navigation menu. In the drop-down menu that appears, select "Sleep Guide".
3) First, you'll choose one of the following Sleep Profiles:
- Setting the Mood: Create a peaceful atmosphere to help fall and stay asleep
- Quieting My Mind: Work on ways to settle your mind, thoughts, and worries when trying to sleep
- Getting to Bed: Make a good night's sleep a bigger priority to be better rested
- Sleeping & Shift Work: Work to get better sleep around a unique, shift-based schedule
- Preparing to Sleep: Develop a regular schedule to perform prior to going to sleep
- Keeping it Going: Continue to maintain healthy sleeping habits
4) Once you've selected a profile, the next section of the page will populate with three suggested "Healthy Habits" trackers based on your selected Sleep Profile that you can add as trackers to your Healthy Habits page. Click "Next Step".
Note*: You can select any and as many of the profiles above to see more details below before saving your selection.
5) Next, you'll need to select your Sleep Goal, which is the amount of sleep you will aim to get each night. Click on the gray circle, and drag it to the left or right to select the amount of hours you'd like to sleep each night (recommended amount is between 7 and 9 hours per night). Once selected, click the "Next Step" button.
6) In the final step, you'll need to select which tracking device or mobile application you will be using as your primary Sleep Tracker. Check out the list of supported devices here.
*Note: You can use multiple sleep trackers; however, you can only view data on the Sleep Guide from one tracker at a time.
7) Once you've completed all sections, click on the "Start My Guide" button to be directed to your Sleep Guide!
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From the moment a baby is born the process of biological, physical and cognitive development begins. The baby learns, grows and develops in to a healthy human being who (ordinarily) will become independent and have children of their own.
There are different views and theories about whether people are born with certain attributes or whether they become products of the environment they grow up in.
This course is going to look at child development and examine the journey that a child takes from the moment of birth until they are five years old.
The course is aimed at anyone working in an Early Years related role or anyone who may come across children as part of their day to day role.
It is also useful for parents or anyone with an interest in child development.
By the end of this course learners will understand:
- 0-18 months key milestones and developmental stages
- 18 months – 3 years key milestones and developmental stages
- 3-5 years key milestones and developmental stages
- Preparing for school
- The importance of play
- The importance of language and communication
- The development of children with illness or disabilities


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Princess Irmingard of Bavaria has Died
Her Royal Highness Princess Irmingard of Bavaria died at her residence, Schloss Leutstetten, Bavaria, on 23 October 2010. She was 87 years old.
Princess Irmingard Maria Josefa of Bavaria was born on 29 May 1923 at Schloss Berchtesgaden, the second child and eldest daughter of former Crown Prince Rupprecht of Bavaria and his second wife Princess Antonia, born Princess of Luxembourg; her grandparents were King Ludwig III and Queen Maria Theresia of Bavaria and Grand Duke Guillaume IV and Grand Duchess Marie Anne of Luxembourg. Irmingard had a older half-brother (born from her father's first marriage to Duchess Marie Gabrielle in Bavaria) Albrecht, later Duke of Bavaria and successor to their father as Head of the Royal Family, an older brother Prince Heinrich and four younger sisters, Princesses Editha, Mrs. Schimert, Hilda, Mrs. Lockett de Loayza, Gabriele, Duchess of Croy and Sophie, Duchess of Arenberg.
Princess Irmingard spent her childhood in the residences of her father, four former royal residences spread in Bavaria; in 1936, aged 13, she moved with her sister Editha to England, where they studied at the Convent of the Sacred Heart in Rohehampton, a Roman Catholic boarding school attended, among the others, by their maternal cousins Princesses Elisabeth and Marie Adelaide of Luxembourg; the following year Irmingard's sisters Hilda and Gabriele joined the school too.
At the begin of World War II, in 1939, the school was evacuated and the following years the four sisters left England and joined their parents in Italy, where Prince Rupprecht and Princess Antonia with the youngest daughter Sophie had escaped, because the Crown Prince, who notoriously was an opposer to Nazi regime, had been exiled from Germany and his properties had been confiscated. Princess Irmingard spent in Italy with her father the years between 1940 and 1944, living and studying mainly in Florence; instead her mother and siblings moved from Italy to Hungary, where the Royal Family owned a Castle (where Irmingard's half-brother Albrecht and his family were already living since the begin of the war).
In July 1944 the whole Bavarian Royal Family, with the only exceptions of Crown Prince Rupprecht and Princess Irmingard, who were still living in Italy, was arrested in Hungary by the German army and taken to Sachsenhausen concentration camp. Irmingard was arrested as well two months later in Italy; since she was ill of typhus, she was sent to a prison hospital in Innsbruck, where she stayed until she recovered. Then in February 1945 she was sent in Sachsenhausen where she reunited with her family. In the two following months the Family was transferred to Flossenburg and later Dachau concentration camps, where they were freed by the American Army on 30 April 1945.
Soon after the war, the Bavarian Princesses lived for a short period in Luxembourg, where Crown Princess Antonia's sister Charlotte was reigning as Grand Duchess; then Irmingard spent a year in Montana, USA, where her maternal uncle the Prince of Schwarzenberg owned a ranch. In the same period, her parents could return in Bavaria and got back their confiscated properties; Crown Princess Antonia, who never fully recovered from the experience of war prisony, died in 1954, aged 55, followed one year later by her husband Rupprecht, aged 86.
Princess Irmingard moved back to Bavaria; on 20 July 1950 she married her first cousin Prince Ludwig of Bavaria (1913-2008), the eldest son of Rupprecht's younger brother Franz. They had together a son, Prince Luitpold, born in 1951, and two stillborn daughters, Princess Maria and Princess Philippa, in 1953 and 1954 respectively.
At the death of her father, Irmingard inherited Leutstetten Castle, where she and her family continued to live; there Prince Ludwig died on 17 October 2008, aged 95, and there Princess Irmingard died in the evening of last Saturday.
The funeral of the Princess will be celebrated in a private ceremony; an official requiem Mass will take place in Munich at the Teathinerkirche on 4 November 2010. It's likely that Princess Irmingard will be buried at Andechs Abbey cemetery, where her husband and several other members of the Bavarian Royal Family are buried as well.
To learn more on the Bavarian Royal Family, please visit this thread.Filed under Germany
Tagged Bavaria, Biography, Death, Irmingard of Bavaria.


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The creativity of a watchmaker exhibits in the beauty and accuracy of watches he designs, each timepiece is unique in itself. Getting some knowledge on the basics before investing on a watch will help you during the buying phase. Finding the best bargain on a quality watch can be quite tough.
This article will educate you on everything about watches, and will help you to be an informed watch buyer during the upcoming Black Friday Deals.
Some main aspects to keep in mind:
- Case Material: While shopping watches from Black Friday Deals, the first thing that one should keep in mind is the design and the durability of the case material. Cases are mostly made of metals as it safeguards the dial and the movement. One of the most popular metals used in branded watches is stainless steel: it possesses an eye-grabbing appeal. Moreover, it will not discolor, tarnish or corrode easily. Nowadays, Titanium is also getting popular due its durability and lightweight. Gold watches are also in demand these days; they are very luxurious and makes you stand apart from others.
- Band Material: Bands are mainly available in two styles: the bracelet and the strap. Bracelet watches falls in the category of jewelry, it is made of metal links. While, a strap watch is mainly made of leather, rubber, synthetic etc. and they are mainly worn as dress watch or for daily wear. During Black Friday Deals, you can also shop few very beautiful faux leather or fabric watches.
- Working of a Watch: The most important feature of a watch is the movement, it drives the timekeeping functions; there are mainly three movements. Being acquainted with the movements and its working will help you to choose easily which movement you will go for during the Black Friday Deals 2011 shopping.
- Mechanical Movement: One of the most important features of a mechanical movement is the spring, which has to be wound by hand with the help of a crown to restore the potential energy. The spring unwinds gradually, which result in releasing energy that controls the timekeeping functions of the watch. Mechanical watch reflects the talent of gifted watchmakers, these watches have an intricate work of gears and springs. A good mechanical watch can endure for generations.
- Automatic Movement: An automatic movement has a mechanical movement with self-winding technology; it harness the energy formed by the motion to twist the spring. The user do not have to hand wind the timepiece every time, it has an inbuilt rotor that spins when the timepiece is in motion. It may need to be adjusted once in a month as the movements may increase or decrease few minutes in a month.
- Quartz Movement: A battery powers this type of movement; it works along with a vibrating quartz crystal. The battery passes an electric current through the crystal to support the oscillation at 32,000 vibrations per sec. This vibrating crystal runs a motor that ticks the watch hands at a continuous rate.
- Case Sizing: The size of the case is an important feature in a watch style. The men's watch generally have a case width of 35 mm. While, a women's watch have a case width of 34 mm or smaller.
- Band Length: The band of a timepiece is from the buckle to the end hole of a strap or clasp. The length of the band will approximately be 7.5 to 8.5 inches for men's watch and 6.5 to 7.5 inches for women's watch.
Make sure you check the sizing given in the product manual for listing of band length. Before shopping for watches from Black Friday Deals 2011, make sure that you know everything what you need.


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Need the baddest digital SLR around? Even though we've long ago dispelled the megapixel myth, there are some photographers who abide by the mantra that bigger is better.
How does a 24-megapixel consumer SLR sound to you, then?
Design and features
The A65 is that beast, sporting an almost-ridiculous 24 megapixels on its Exmor APS-C-sized CMOS sensor. Like the earlier SLT-branded Alpha cameras, the A65 is not technically an SLR. It uses translucent mirror technology, which allows these cameras to shoot a lot faster than traditional SLRs and focus quickly as well, thanks to the special pellicle mirror that simultaneously sends light to the image sensor and to an AF sensor. No moving mirror means no blackout time when the photo is taken, among other advantages.
The trade-off is that these cameras use electronic viewfinders (EVFs) rather than traditional optical ones found on many other SLRs you might be looking at when buying a camera. The EVF in the A65 is rather enjoyable to use as it's an OLED viewfinder with XGA resolution (equivalent to 720p).
How does the camera feel in the hand? It is comfortable to hold with some well-placed thumb grips and textured surfaces to offset the reasonably smooth exterior finish. There's a whole range of buttons accessible from both the back and top panel, which cover a range of functions such as auto-exposure lock, ISO and exposure compensation, and a video record button. At the back is a 3-inch LCD screen that pivots out from the base of the camera rather than from the side, and like the EVF it's high resolution as well at 921,600 dots. An electronic level gauge is available and can be overlaid on both the EVF and the LCD when shooting. There's also a built-in GPS, which means location data can automatically be appended to images.
Should you be the sort of photographer who loves having an entire army of features to recruit, the A65 will definitely please. On the mode dial at the top, alongside the standard automatic and PASM controls for manual exposures, the A65 also has a standard automatic mode and an auto+ mode, which lets you take HDR images stitched together in-camera and also scene detection modes. There is also sweep panorama in 2D and 3D as found on many other Sony cameras, as well as movie recording and speedy continuous shooting with autofocus at 10 frames per second.
The A65 has a range of artistic filters that produce the same effects as those on other Sony cameras like the NEX-C3, including toy camera, monochrome, selective colour and high-key just to mention a few.
(Credit: CBSi)
The A65 takes SD and MemoryStick Pro Duo cards in a slot at the side, separate from the rechargeable Lithium-ion battery inserted at the base.
Compared to
|Nikon D5100
|Canon EOS 600D
|Nikon D7000
|Sony A65
|16.2-megapixel APS-C CMOS
|18-megapixel APS-C CMOS
|16.2-megapixel APS-C CMOS
|24.3-megapixel APS-C Exmor CMOS
|3.0-inch, 921,000-dot articulating LCD screen
|3.0-inch, 1,04K-dot articulating LCD screen
|3.0-inch, 921,000-dot fixed LCD screen
|3.0-inch, 921,000-dot flip-down LCD screen
|Full HD video (1080p, 24/25fps)
|Full HD video (1080p, 24/25/30fps)
|Full HD video (1080p, 24/25fps)
|Full HD video (1080i, 50fps)
|No wireless flash control
|Wireless flash control
|Wireless flash control
|Wireless flash control
General shooting metrics (in seconds)
- Time to first shot
- JPEG shot-to-shot time
- RAW shot-to-shot time
- Shutter lag
- Sony A6184.108.40.206.3
- Nikon D51000.30.60.70.3
- Canon 600D0.20.40.70.1
- Nikon D70000.30.20.30.1
- Canon 60D0.30.40.40.1
Continuous shooting speed
- 10Sony A65
- 6Nikon D7000
- 5.3Canon 60D
- 3.8Nikon D5100
- 3.7Canon 600D
(Longer bars indicate better performance)
The A65 does slow considerably when taking a quick burst of full resolution RAW files; we found that it slowed to process them after five frames, although it did not stop taking images completely. Sony rates the battery for the A65 at 510 shots using the EVF or 560 shots using the LCD screen. We especially like the percentage battery monitor available on the screen, which shows just how much juice is left, a refreshing change from the standard bar arrangement found on other consumer SLRs.
Image quality
For those photographers who just want to point and shoot on automatic settings without delving too far into the menus, the A65 delivers very attractive and punchy images. Colours in particular look nicely saturated and the excellent LCD screen does a lot to make it seem as if you've taken an award-winning image first go. Reviewing images on a computer screen makes you realise that perhaps you're not the next Cartier-Bresson, but that's OK because photos still are attractive. Autofocusing is accurate and quick with the kit lens attached.
An example of the rather attractive bokeh produced by the kit lens and the A65.
(Credit: CBSi)


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From Derbyshire to Down Under - What became of some of Derbyshire's first convict colonists
PUBLISHED: 14:26 20 August 2018 | UPDATED: 14:27 20 August 2018
as supplied
John Wright reveals what became of some of the county's first convict colonists
Derbyshire provided its fair share of the 136,000 men and 25,000 women transported to Australia since the First Fleet left in 1787 with people like 21-year-old Ann Beardsley on board. Sentenced to five years transportation at the Derby Assizes in August 1786 for stealing 'a black satin coat and other goods', Beardsley and her shipmates are considered Australian royalty by descendants today for being the first Europeans to settle this strange new land in the sun.
Sailing on the Friendship, Beardsley enjoyed 'the distinction of having the lightest sentence of all the Fleet', Cheryl Timbury wrote in a First Fleet Fellowship Victoria article. Beardsley also met Irish Royal marine private John McCarthy on board and in 1789 they would have a child in Sydney – Timbury's great-great-grandmother.
Calling at Rio de Janeiro, Lieutenant Ralph Clark had written in his journal that 'he supervised the transfer of six women convicts (including Beardsley) from the Friendship to the Charlotte as a reward for being so well-behaved and in return received six of the worst from the Charlotte.' At the Cape of Good Hope, when the rest of the women convicts were transferred to other ships and the Friendship took sheep on board instead, Clark noted: 'Thank God... the sheep are a lot less trouble.'
In Australia, convict women such as fabric thief Elizabeth Clark from Ashbourne, were assigned as servants while men often worked on farms. What distinguishes some Derbyshire convicts was their ability to disappear or land on their feet. William Bannister was gaoled at Derby and transported in HMS Calcutta in 1802 for stealing bacon, Marjorie Tipping writing in Convicts Unbound... that his 'name does not appear on the Commissariat return of prisoners of 1803-4', suggesting that he 'died on the voyage out without it being recorded.' Could he have changed his identity in Sydney and stowed away to Norfolk Island in the Pacific, where one William Russell (convicted in Derby on the same date) was at large as a bushranger?
Derby man Thomas Higgins was transported in the infamous Second Fleet, dubbed 'the Death Fleet'. Convicts were treated so cruelly with bad food and sanitation in cramped conditions below deck that 278 of them died. Wrote the Sydney Cove Chronicle in June 1790: 'As they came on shore, these wretched people were hardly able to move. Such as could not carry themselves crawled upon all fours. Those unable to move were thrown over the side, as sacks of flour, into the small boats. Some expired in the boats; others as they reached the shore.'
Higgins had faced the Derby Assizes in 1788 for 'the theft of a black mare', Michael Flynn wrote in The Second Fleet: Britain's Grim Convict Armada of 1790, his Londoner girlfriend Eleanor Killpack, having stolen 'four linen sheets, was arrested trying to pawn them while drunk.' By 1806 they were settled with children on a 30-acre farm near Sydney when they found themselves on the receiving end of burglary when, on 8th September, four men broke into their house and grabbed 30 shillings in copper coins. 'Higgins, 60 years of age, assisted by a boy 7 years old [their son, Thomas] put up a vigorous resistance,' the Sydney Gazette reported. 'Two stepdaughters escaped through a window and raised the alarm, forcing the robbers to flee. The old man was much bruised by the villains, who unfortunately made their escape.' Higgins was granted a further 100 acres in his son's name, the young Thomas Higgins later becoming Hornsby's first settler, pioneering timber and fruit industries. Today a monument stands there for him.
John Clark (age 33), sentenced at the Derby Assizes in 1802, ironically for sheep stealing, ended up in Tasmania as the legal owner of 1,000 sheep on 1,500 acres by 1825. He was so respected for his ability to farm efficiently in a colony often facing starvation that Land Commissioners 'stayed for four nights on the farm'.
Clark also had the honour of being robbed by the Brady gang 'over Christmas 1825.' Matthew Brady, known as 'the gentleman bushranger', was adored by the public for pulling off amazing stunts to evade capture. Once with soldiers out looking for him, the gang rode into Sorell, near Hobart, and virtually captured the whole township. They robbed and rounded up the local dignitaries who were having dinner, shut them in the lock-up with the constables, and rode off.
Horse thief Joseph Johnson, 26, from Tissington, was transported for life to Tasmania in 1802 but was pardoned after seven years because he was so good at farming. By 1834 his initial 30-acre grant became 5,000 acres where he had two horses, 20 cattle, 1,800 sheep, and employed three government servants. His relatives came out from Derbyshire to join him and live in the house he built at Green Ponds, which he called Tissington.
Johnson married an Irish convict who taught him to read and write. When his wife was 'old and failing', he hired Scottish convict Jane Hadden as a housekeeper servant. In the 1840s she had stood up to a famous bushranger, Martin Cash, and his gang by barricading the house of a captain she was assigned to as a servant. Johnson married Hadden after his wife died, but discovered she was already married. 'William Hadden arrived in Van Diemen's Land to claim his wife,' writes Tipping. 'She deserted Johnson and he had to reclaim her debts.'
When convicts knew how to create wealth, their whole family could shake off the ignominy of transportation. George Armytage was born in Ticknall and trained as an engineer in London. At the age of 20, in 1815, he emigrated as a well-off free settler to Sydney. He moved to Tasmania, where 500 acres were added to his initial small grant of land at 'Bagdad', and married Elizabeth, the daughter of an ex-Calcutta convict from Yorkshire called Thomas Peters. Peters was even richer than Armytage, having become the owner of a successful smithy and two pubs.
Helped by Peters, Armytage bought 1,000 more acres and used his skill as a wheelwright to build the colony's first water-mill. Here, as PL Brown wrote in the Australian Dictionary of Biography, 'he could receive wheat in sheaf and return it as flour the same day. He held government posts as division constable and district poundkeeper, then transformed himself into the landlord of the local Saracen's Head.'
He and Elizabeth extended their empire to Victoria where they ran sheep and had seven sons and at least three daughters. In 1851 they bought a large house in Geelong, 47 miles SW of Melbourne, called The Hermitage. This became the Geelong Church of England Girls' Grammar School, now part of Geelong Grammar School whose rural outpost, Timbertop, was attended by Prince Charles as a teenager.
However, convicts in Tasmania were not always so lucky. Reoffenders and those committing serious crimes were sent to the infamous Port Arthur Penitentiary on its south-eastern peninsula, separated from its mainland by a narrow neck of land guarded by a line of vicious dogs. Offences here were often odd or even ridiculous. Caught in the Act by Phillip Hilton and Susan Hood cites John Glanville as committing 55 offences over 10 years, including 'having turnips improperly'. One convict was reprimanded for 'washing his shirt during Divine Service', another for 'baking light bread'.
The list of crimes goes on – although these weren't all by Derbyshire convicts – and includes: 'having lollipops in his possession… setting fire to his bedding… threatening to split the overseer's skull with his spade… wilfully breaking his wooden leg… apprehending Godfrey Moore and biting his nose off…and groaning at the Lieutenant-Governor when he entered Government House.'
Best of all, though, was George 'Billy' Hunt. Transported for stealing a handkerchief, his crime was 'absconding'; nothing unusual about that, except that Billy was 'dressed as a kangaroo at the time and was attempting to hop to freedom, only to be shot at by rationed soldiers, who had grown accustomed to hearty kangaroo stews.'


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|Off-peak public transport trial schemes extended to year-end, Public Transport Council to review them
Measures to promote off-peak travel will be reviewed by the Public Transport Council (PTC), the Ministry of Transport (MOT) said on Friday (June 23).
Free Pre-Peak Travel was introduced in 2013 and Off-Peak Pass trials were started in 2015, MOT said.
They are due to expire by June and July this year, but will be extended to the end of 2017 when the results of the review will be due.
In addition to these two travel demand management trials to ease commuter loading on public transport during peak periods, several other measures to enhance public transport capacity, such as the addition of new MRT lines, trains and buses, have also been implemented, MOT said.
These include:
- The opening of the full Downtown Line later this year, which over its three phases since 2013 would have added another 42 km to Singapore's MRT network
- Completion of the re-signalling of the North-South Line this year, and of the East-West Line next year, which will enable up to 20 per cent more trains to be run during the peak periods, if necessary
- Adding 112 trains to the MRT network and 29 train-cars to the LRT network since 2011, as well as 22 more new trains which will be introduced by 2019
- The Bus Service Enhancement Programme, under which close to 950 additional buses have been put on the roads since 2012. The 1,000th bus under the scheme will be added later this year, marking the end of the programme.
"It is timely to take stock and review the effectiveness and continued necessity of the Free Pre-Peak Travel and Off-Peak Pass trials," MOT said.


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[jwplayer mediaid="3557″]
May 10, 2014
The Context of White Supremacy hosts the weekly Compensatory Call-In. We encourage non-white listeners to dial in with their codified concepts, new terms, observations, research findings, workplace problems or triumphs, and/or suggestions on how best to Replace White Supremacy With Justice ASAP. We'll use these sessions to hone our use of words as tools to reveal truth, neutralize White people. We'll examine news reports from the past seven days and – hopefully – promote a constructive dialog.
Move over Donald Sterling, the most popular "Racist" in the NBA is now Michael Jordan. Sterling continues to be discussed – in predictably sympathetic ways, but much attention has shifted to the kidnapping of hundreds of Nigerian girls. Gus might be ignorant, but I could have sworn this happened weeks ago. The swarm of attention on these abused African females is reminiscent of the "Kony 2012" campaign. Anyone who is concerned about black females doesn't need to travel to Nigeria; Renisha McBride, Marissa Alexander, Miriam Carey, Carolyn Gardner and so many other US citizens could use a little help. The academic year might be coming to a close, but that doesn't mean Racism has taken a vacation in the classroom. From Arizona to New Zealand non-white students and faculty continue to report all manner of White Terrorism.
INVEST in The COWS – http://tiny.cc/ledjb
The C.O.W.S. archives: http://tiny.cc/76f6p


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Try our boutique barn conversions and character cottages where contemporary interior design meets rustic charm. All of our properties are designed to be the ultimate relaxing and romantic retreat for couples, click here or on any of the photos to visit the Fords Croft Cottages Website.
The Hideaway is a true hidden gem, a gorgeous converted barn from the 1800's nestled in organic farm land with stunning south facing views of woodland and fields, perfect for couples who are looking for a stylish and romantic retreat. Approaching via the private drive you are met with a large detached converted barn, you enter the boot room with its original brick floor and on into the open plan living space flooded with light and brimming with original features. The interior is reminiscent of a boutique hotel with no expense spared to create the perfect blend of style and character. Doors lead onto the large secluded patio where you will have sun from breakfast till bedtime, you can dine outside then sit round the fire pit and gaze at the stars. To finish the perfect day slip into the roll top bath, light the wood burner and snuggle into the luxury king size bed. There is a footpath that runs straight past the property to the award winning gastropub or through the woodland trust to the market town of Crewkerne and the World Heritage Jurassic coast is only half an hour away. The Hideaway gives you the opportunity to retreat from the world and connect with your thoughts, nature and each other in a truly beautiful space.Oak Tree Barn is packed with features reminiscent of a bygone era, on arrival the double height ceiling with exposed beams and open plan layout never fails to impress. The restoration of this beautiful ham stone barn took care to preserve features such as the arched stone work along the south wall and maintain a sense of grandeur by keeping the original layout. Now you can relax in style with a beautifully designed interior that features an oak floor and kitchen, high quality furniture and furnishings and modern appliances. To top it off there is a lovely secluded seating area which affords stunning country views for a morning coffee or evening glass of wine.The Old Workshop is a stunning 18th century barn conversion that has been a labour of love to convert. Previously it was the farm workshop and prior to that used by the carter and his cart horses which gave plenty of inspiration for the conversion. The scale and grandeur of this beautiful barn is hard to appreciate until you are there looking through the huge original A-frames out to the rolling countryside beyond. We were careful to use traditional techniques such as lime rendering and pointing to maintain the style and longevity of the building. The interior has been beautifully designed and features a stunning wood burner, people often ask if they can move in!Croft Cottage is a cosy cottage but with contemporary style. When you first enter the huge kitchen-diner the first thing you will be drawn to are the spectacular views to the woods and hills beyond and then the patio doors leading onto a beautiful private garden. Then it's into the cosy lounge complete with inglenook fireplace, ancient beams and doors and designer furniture. When it's time for bed you are in for a real treat with a sumptuous large bedroom complete with freestanding bath, perfect for relaxing while you admire the distant hills. You will arrive to fresh flowers, tea and coffee, local biscuits and Egyptian cotton bedding with fluffy towels.


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Whether your fitness goal is losing weight, improving digestive system, regulating body temperature or enhancing overall health, nutrition plan can not be complete without appropriate water intake. That is why doctors recommend to have at least 7-8 glasses of water a day. However, studies have shown that we can not stay hydrated by just drinking water. Eating fruits and vegetables high in water content is equally important to fulfill our body`s fluid requirement. Here follows the list of certain fruits that will help you to stay hydrated in addition to providing all the essential nutrients required by the body:
Packed with mineral and vitamins, juicy watermelon is one of the healthiest fruit. Low in calorie and fat free, this fruit is a great source of water. As watermelon is comprised of 92% water and 8% sugar, it makes an ideal choice on a typical summer day.
Strawberries not only contains high amount of fiber, but also stores great amount of water. Due to its high water content, these juicy heart-shaped delights are used in the prevention and treatment of constipation. Apart from that, strawberries are nutrient-rich and packed with antioxidant properties that help boost immunity and promote eye health.
Cantaloupe is another great option that provides a big nutritional payoff for a few calories. Since it contains a large amount of water, it helps to stay hydrated even at high temperature. Although it is not a rich source of nutrients, it makes an ideal choice for those who are on the weight lose regime.
Citrus fruits are the most cooling of all fruits. To name one, grapefruit comprises of 90% water, which makes it one of the most popular citrus fruits to hydrate in high temperature. Apart from this, grapefruit helps in losing weight, prevents arthritis, lowers cholesterol levels and treat common ailments.
Apart from containing high water content, blueberries also make one of the most antioxidant rich fruits of the world. This blue colored fruit is rich in fiber that helps to keep cholesterol level in check, which in turn keeps our heart healthy. Also, it is a rich source of Vitamin C which contributes to healthy gum, formation of collagen and vibrant immune system.
The old saying `an apple a day keeps the doctor away` may sound silly to you, but you might be surprised to know that apple has numerous health benefits. Along with fulfilling our body`s fluid requirement, apples have been shown to reduce intestinal disorders and possibly some types of cancers. Also, it lowers the cholesterol levels and prevents the formation of kidney stones.
Nearly every kid`s favorite fruit, banana is the storehouse of essential nutrients. Though its water content is just 74%, it makes one of the most versatile fruit that has surprising health benefits.


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|Gremlins (species)
24 inches/60.96 CM "measured from screen used puppets"
Spawning new gremlins when wet; venerable to sunlight
"Y'know they're still shippin' them over here. They put 'em in cars, they put 'em in yer TV. They put 'em in stereos and those little radios you stick in your ears. They even put 'em in watches, they have teeny gremlins."
Gremlins are the fictional and unknown reptile-like creatures, who are the primary antagonists of the entire Gremlins franchise. They made their debut in the 1984 film Gremlins and then reappeared in its sequel Gremlins 2: The New Batch (1990). They are also based upon the creatures with the same name of old English folklore.
In both movies, the gremlins have a leader that is smarter than all others. Stripe is the leader in the first movie and though the Brain Gremlin is the smartest, Mohawk is briefly the leader in the second movie (before being replaced by the smarter Brain Gremlin).
History and Biography
A Gremlin is the last stage of the Gremlin life cycle which goes from Mogwai-Cocoon-Gremlin. It is said that the gremlins are considered to be an unwanted side-effect from when the Mogwais were created on a faraway planet to be used as ambassadors of peace on other planets.
They are just about one meter tall and they have scaly reptile-like skin, large batlike ears, three sharp claws on their feet and hands and equally sharp teeth. Their looks and color may vary, ranging between various shades and combinations of green, brown, and black. Their intelligence and strength also vary and they are all very mischievous, dangerously violent, and crazily fun-loving. They are capable of working (and sabotaging) complex machinery and devices, as apparent in folklore where they were believed to have brought down hundreds of planes. No gremlin has so far proved to be good-willed and nice and most of them don't seem to value the life of their fellow gremlins, sometimes beating or even killing each other for fun. Even though they are very energetic and often aggressive, they don't seem to hurt any humans who are not afraid of them. (For example, when Grandpa Fred was doing an inside scoop of what was happening inside the building, not a single gremlin behind him laid a finger on him.) Also, in the deleted scenes when Grandpa Fred was doing his section, George, Lenny, and Daffy were present but didn't try to scare or hurt him, rather joining him for fun.
Mogwai evolve into gremlins by eating after midnight. It would appear that mogwai are aware of this as many are shown to be determined to eat after midnight. Even after their metamorphosis, gremlins still retain traits they had as mogwai, such as their dislike of bright lights, their vulnerability to sunlight, and most dangerously their ability to multiply upon getting wet. Unlike the mogwais, where small furballs pop out from their backs and quickly inflate to turn into new mogwais, the backs of the wet gremlins get riddled with big blisters that contain small gremlins, which rather quickly break free and start to grow. The gremlins that are giving birth to new gremlins are often more vulnerable than other gremlins because the birthing process is often extremely painful for the creatures. Afterwards, they continue to live as if nothing happened, often along with the newly-born gremlins that have quickly grown to full gremlin size. Like Mogwai, they can dissolve when exposed to sunlight.
It was unknown whether or not they're omnivorous or carnivorous. However, they don't usually eat food other than candy and other junk food. But while as Mogwai, Stripe and his brothers ate chicken legs (which's meat) and Mohawk, Lenny, and George ate ice cream (which's dairy). Daffy has eaten corn, but he doesn't like chicken or mashed potatoes. Earl liked eating a sandwich that had lettuce, meat, and possibly cheese as he said, "Yum yum" when he grabbed a sandwich and ate it. Earl also liked the chocolate candy bar that Mr. Hanson gave him. However, Earl did not like the apple that he took a bite out of in Mr. Hanson's office, but he did like eating one of the glass test tubes. They also seemed to like Dr. Catheter's serums from Splice O' Life lab.
Gremlin Mutants
In the second film, Gremlins 2: The New Batch, some of the gremlins are mutated. The following is a complete list of the mutated gremlins.
- Vegetable Gremlin - One gremlin turns into a creature made of living vegetation.
- Electric Gremlin - It drinks a serum that turns it into raw energy.
- Brain Gremlin - It drinks a serum that increases ihs intelligence and it gives him a human voice.
- Bat Gremlin - It mutates into a bat-creature and then he's injected with genetic sunblock by the Brain Gremlin.
- Phantom Gremlin - It has acid splashed in his face and he hides his facial scars behind a mask.
- Greta - One Gremlin drinks a serum and she becomes a feminine looking gremlin.
- Mohawk/Spider-Gremlin - Near the end of the film, Mohawk drinks a serum that turns him into a spider-like gremlin.
Behind the scenes
- Basically all of the gremlins in the film series were portrayed on screen by using animatronics and highly advanced puppets and puppetry, as it was the only technique other than stop-motion to bring the creatures to life on screen.
- The Gremlins are often seen drinking beer, but they don't multiply. However, Randall Peltzer said to Billy not to give Gizmo any water to drink, mainly because it's water that makes them multiply, not beer.
- It was unknown if the Gremlins possessed a specific gender. It was then revealed with the release of Gizmo: The Game at least two female Mogwai existed: Valerie and Grace.
- Gremlins are often said to be green, but gremlins are also shown to be other colours, including brown, yellow, and even black.
- According to the first novel, the gremlins have caused many accidents in the past: the Memphis runaway escalators of 1972, the 1969 Super Bowl, the East Coast power failure of November 1965, a lesser known power failure a month later in Texas, New Mexico and Juarez, Mexico, the closing in 1963 of the New York Mirror (a newspaper that could not rid its systems of the gremlins), the 1962 collision of a runaway train, jet plane, and a seagoing tanker at Danzig, Poland, the Bay of Pigs paramilitary fiasco of 1961, the three day episode at the Onawa, Iowa, buttonhole factory in 1957, World War 2, and the disappearance of Vansk which was, until 1936, the largest city in Siberia.
- In contrast to Mogwai, most Gremlins seem to love wearing clothing - even if they have no real sense of style.


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Recent Posts
Bridging Loans Sector Growing Fast
The Council of Mortgage Lenders has again released figures showing that annual bridging lending has increased by 25% and now stands at around £2.5bn per year. Bridging loans are becoming widely accepted as a tool for accepting clients short term funding needs. The main advantage for bridging loans is that the can be arranged quickly when the clients need is particularly urgent.
Bridging finance deals are often arranged at a fast pace so a client needs to be sure they are getting good advice. IT is important that when talking to lender an answer can be given straight away which is why speaking to a specialist bridging loans adviser is best. The increase in prevalence of bridging leading has lead to a growing number of specialist brokers for this market. Some mortgage brokers will try to service the deal themselves whilst others will pass the enquiry onto a specialist.


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Inspire and Prepare Young People to Succeed
Junior Achievement of Arkansas
Helps Prepare Today's Students for a Bright Future
JA of Arkansas's volunteer-delivered, kindergarten-12th grade programs foster work-readiness, entrepreneurship and financial literacy skills, and use experiential learning to inspire students in our community to dream big and reach their potential.
Why Junior Achievement?
JA helps students realize that the education they are getting today will help them to have a bright future tomorrow. JA's unique, volunteer delivered programs, show them all of the possibilities that lay before them. They realize they can choose different paths; College? A specific trade? Start their own business? Through your participation as an organization or as an individual, these statistics below can begin to change in your community:
- 20% of U.S. students will not complete high school on time and earn a diploma.
- 49% of U.S. employers recognize that talent shortages impact their ability to serve clients and customers.
- 36% of Americans say that they have at some point in their lives felt their financial situation was out of control.
- 91% of millennials wish they had greater access to entrepreneurial education programs.
Which Way To JA?
Corporate Donor
Your corporation can support the growing need for youth development in Arkansas by helping today's students with the critical skills and the character necessary to succeed in your 21st century workplace.
Individual Donor
Not affiliated with a corporation partnered with JA? You can make a donation directly to JA of Arkansas!
By volunteering for JA through your organization, you can be in the classroom during work hours and you can share your experience and inspire young people to pursue their dreams.
Not affiliated with a corporation partnered with JA? You can volunteer in your community directly with JA of Arkansas!
Quality volunteers from the community come into your classroom to deliver proven, hands-on programming that inspires students to understand the opportunities provided by education.
Not an Educator? Find out how you can get JA programs into your Arkansas school!
Watch the Video
JA of Arkansas Spotlight
9th Annual Autumn Golf Classic
This JA golf event is a fun-filled day of networking where companies can bring employees for team building or host clients and prospects, while supporting community role models as they teach students in our community how money, careers, and business ownership work with JA's proven programs.
Calling all JA Alumni!
Did JA make a difference in your life? Is there a story you want to share about how a JA mentor helped positively influence your life or career? Do you want to re-connect with JA and others who had "the JA experience?"
JA Bowl-a-Thon
Gather a team of 5, fundraise, and pick a shift to bowl. Celebrate your hard work and fundraising efforts while competing for prizes. All funds raised stay in Northwest Arkansas to support JA's programs in work readiness, entrepreneurship, and financial literacy.
"Junior Achievement has given me a sense of what adults go through with budget issues."
"Junior Achievement reinforced concepts for me to remember later in life."
"I thought the experience was amazing. The presentation was unlike anything I've seen."
"I liked how the Junior Achievement volunteer explained his job to us."


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These are some cactus flowers. We have a small cacti garden, and it's fun when they bloom. They only bloom a few days.
We are STILL waiting. And tomorrow we leave for Tahoe, so if its not fixed today it won't be till late next week!
Waiting for my blood tests to come back…….waiting, always a little nervous…. Has my m-protein gone up, bad, or down, good!
its been very slow at the library…..thats my desk!
so you an see not busy today….
oh, I should add this is on my BREAK!


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I was so glad when Disney offered me a copy of Oz The Great And Powerful to review. I had missed it in theaters and quite frankly had heard some very mixed reviews about the film, although I've learned to not give much thought to what the movie critics have to say. I am a huge James Franco fan after seeing him in previous movies like "127 Hours" and "Rise of the Planet of the Apes", so I knew that even if I didn't like "Oz" so much I would still enjoy seeing him again. I sat down with my family to watch the movie last week, and have to admit that the movie started off a little slow for me. But this quickly changed once the main character Oz arrived in… you guessed it… the world of Oz. Oz the Great and Powerful is magical, whimsical and fun for the whole family. I truly enjoyed watching it, and my family did too. You really can't go wrong with a movie that has James Franco, flying monkeys and walking, talking china dolls.
This movie might not hold the attention of younger children, and there are some parts that might be a bit scary. However, I do think this movie is perfect for older grade school kids, teens, and adults. While Oz the Great and Powerful definitely had some things that reminded me of the original Dorothy version I saw as a kid, but it was certainly not a remake of the original.
The film is directed by Sam Raimi who helmed the record-crushing "Spider-Man" trilogy, and produced by Joe Roth who fashioned Disney's billion dollar-plus earning "Alice in Wonderland." "Oz The Great and Powerful" boasts a stellar cast that includes Academy Award nominee James Franco ("127 Hours") as Oscar Diggs, the predestined wizard; Golden Globe nominee Mila Kunis ("Black Swan") as the tormented young witch Theodora; Academy Award winner Rachel Weisz ("The Constant Gardener") as Theodora's older sister, Evanora, the witch who rules over the Emerald City; and three-time Oscar-nominated actress Michelle Williams ("Brokeback Mountain," "Blue Valentine," "My Week with Marilyn") as Glinda, the Good Witch.
Blu-ray Bonus Features
The Magic of "Oz The Great and Powerful" (Second Screen Experience) – An immersive Second Screen experience that details all things Oz. From an interactive map full of secrets and surprises, to an inside look at the spectacular world of Oz. All fans need to do is download the special "The Magic of Oz The Great and Powerful: Second Screen" App (which is free and currently available for immediate download at the iTunes Store for iPads) which provides fans with infinite opportunities to remain connected to their favorite film, its cast of characters and to dive deeper into the magical world of Oz. This App provides exclusive access to invigorating and exclusive content including:
The Enchanting Characters and Creatures of Oz – From Munchkins and Tinkers to good witches, bad witches, and flying baboons, this piece follows each character and creature of the Land of Oz from inspiration to final outcome.
The Sounds of Magical Oz – What adds fragility to the sounds of China Girl's footsteps; ferocity to the tornado; or weight to the flutter of Finley's flapping wings?
Sleight of Hand: Zach Braff Puppet Theater – Actor, and voice of Finley, Zach Braff introduces viewers to the Finley mockup.
Mariah Carey Music Video
My Journey in Oz by James Franco – A personal story produced and directed by James Franco.
Mr. Elfman's Musical Concoctions – An interview with composer Danny Elfman unveils his inspiration in scoring "Oz The Great And Powerful."
China Girl and the Suspension of Disbelief – This feature uncloaks the several forms of movie magic employed to bring China Girl to life, from the initial artwork and character design, to the on-set puppeteering during filmmaking, and finally, through each stage of the visual-effects process; and includes an interview with Joey King, the voice of China Girl.
Before Your Very Eyes: From Kansas to Oz – Production designer Robert Stromberg takes viewers through the set design of the Land of Oz, from sketching his original ideas on a napkin, through to the final set pieces and the accompanying visual effects.
Mila's Metamorphosis – Lead makeup artist Howard Berger expands on one of the oldest, most tried-and-true forms of movie magic: makeup design and effects.
Walt Disney and the Road to Oz – It is well known that Walt Disney had a fascination with the Land of Oz since he was a child. See how that fascination grew into inspiration as he began planning for his own adaptation of the stories in the classic Baum books.
Oz The Great And Powerful is now available on Blu-ray Combo Pack!
disclosure: I received the above mentioned item for review purposes. All opinions are my own.


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ST. LOUIS (AP) — The Los Angeles Dodgers have activated infielder Justin Turner from the 15-day disabled list and added another lefthander against the St. Louis Cardinals by recalling Paco Rodriguez from Triple-A Albuquerque.
Manager Don Mattingly said Friday that the team expected starter Josh Beckett to come off the disabled list from a left hip impingement early next week at Pittsburgh.
Infielder Carlos Triunfel, batting .143 with a home run in 14 at-bats, was optioned to the minors Friday.
Turner was sidelined June 29 with a left hamstring strain. He was batting .302 with three homer runs and 21 RBIs in 59 games. Rodriguez had a 6.43 ERA in 10 games over seven innings in two stints.
(© Copyright 2014 The Associated Press. All Rights Reserved. This material may not be published, broadcast, rewritten or redistributed.)


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Notepad++ 7.5.2 release
SinghRajenM last edited by
I confirm error "To register the Notepad++ shell extensions properly, place NppShell.dll in the same directory as the Notepad++ executable." is also a regression.
Root cause for both the errors (shell dlll and missing themes) is same. There was an execution order issue in the nsis script.
glennfromiowa last edited by
@Bill-Huber Ahh, you're talking about the main Notepad++ page: https://notepad-plus-plus.org, not the application About Notepad++ box! That is expected, as the news page for each release states:
Auto-updater will be triggered in few days if there's no critical issue found.
Buster Bloodvessel last edited by
@Claudia-Frank said:
Tested 32bit as well as 64 bit on Virustotal.com right now -> Clean.
Results 32bit
Results 64bit
Hi Claudia,
Thanks for this. I checked the SHA hash and it was the same as you reported.
Then I updated my Malwarebytes virus definitions and now it is reported as clean.
I guess I now know what to do the next time Malwarebytes reports a problem…
x2on last edited by
The Shell Extension doesn't register probably if install with Silent parameter. Also the PluginManager is missing.
Daniel TS last edited by
Plugin Manger missing in clean install (32-bit).
Scott Sumner last edited by
FAQ: Why plugin manager was removed: see https://notepad-plus-plus.org/news/notepad-7.5-released.html
FAQ: How to install it: see http://bruderste.in/npp/pm/#install
David Bailey last edited by
Using the 32-bit version, I find that if I use the mouse to drag an edge of the window (to change its size), the cursor sometimes persists when I return the mouse to the working area of the NP++ window.
donho last edited by
Regarding the shell extension error messaging, it will be fixed in v7.5.3, which will be available in a couple of days.
donho last edited by
@Cristov-Russell said:
Are the themes not included in this release?
It's a regression which will be fixed in the next release. Just be patient for a couple of day.
EnderDragonEP last edited by
I got an Exception message says Access violation.
I've tried installing the older version, version number 7.5, Didn't get this exception message.
Here is the Screenshot
By the way, 7.5.3 the new updated didn't fix this issues


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Could Facebook 'Discovery Stories' leave new gamers in the dark?
After the news of the Facebook changes broke on September 21, we have some questions as to what the changes could mean for social gamers' ability to find new games and for the growth of the genre. In short, it's going to be a helluva lot harder for Facebook users to discover new games and for new gamers to be found as a result of one particular change Facebook Games product manager Jared Morgenstern calls "Discovery Stories."
According to Morgenstern, "People who do not play games will only see stories when a particular game is added by a group of friends, instead of ongoing News Feed stories. These dedicated stories will show which friends are playing a game, making it easy to join them. For example, instead of the typical story saying that someone just bought a new item, it could say "Dave, Jonny and 3 other friends" just started playing a game."
More on what this change could mean for new and experienced gamers alike after the break.
Fortunately, this means players can finally share their excitement of reaching the next level or finding a rare item with their gamer friends without endlessly bugging their friends outside of the virtual farm. On the flip side, it could also mean that it will be much more difficult for both veteran social gamers to find new games to play as well as potential new gamers to learn more about social games. As if it wasn't hard enough before to do viral marketing on Facebook, now new and veteran developers alike will have to reach even more players to spread news of their new game.
Additionally, Discovery Stories could make it extremely difficult for new developers with hopefully new ideas and little buzz to compete with the titans of Facebook gaming like Zynga, Playdom and Playfish, two of which are backed by major entertainment corporations Disney and EA Sports respectively. This means for us gamers that we could soon be seeing a lot more of the same. According to Morgenstern, this change will "drive new user growth for games," but for which games?
Honestly, it seems as if this change in particular was targeted at the token new game that has caught the attention of a few thousand players, posting the news on their walls, or what Facebook and non-gamers would consider annoying chatter. But this is almost the only way for new, innovative Facebook games to make their way into your news feed.
Here's a question, how do you think a game like Ninja Saga, aside from its obvious anime appeal and merits as an impressive early Facebook RPG, made it to AppData's weekly list of Top 20 Gainers in Facebook Games multiple times in recent weeks? Quality alone doesn't spread news like wildfire.
Considering the game has a nondescript website and was created by a developer that the average social gamer will have never heard of (hint: it's Emagist Entertainment), the game's recent success is most likely due to the few updates from players that luckily made onto their friends' walls. Since these friends probably share similar interests, they might have clicked through and--boom--another potential fan of Ninja Saga has been snagged. Until now.
After this change, it could take a minimum of five fans per one potential player to get that sliver of news out there of the next possible hit. And which developers are more likely to attract more packs of five players per one potential player? I think the answer to that obvious.
However, lasting appeal for games from even the biggest social game companies is in decline, and this change won't give developers like Zynga any more breaks as they reach out for their former glory. So, how's a relatively new industry supposed to reach new potential fans while promoting growth for gamers that have been around since the beginning? Branding?
How do you think you'll find new games to play light of the new changes? What can developers do to garner new players and promote new games in the obstacles like Discovery Storiesdis? Sound off in the comments. Add Comment.


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Koelsch Citizenship Expectations
For a behavior to be considered bullying, it must have three elements:
• It must be intended to cause harm
• It must be repetitive
• A difference of power (or perception of)- physical, social, or other usually exists between the bully and the target
Bullying is a subset of aggression that is typically categorized as physical, verbal, or relational.
Physical bullying includes behaviors such as hitting, kicking, or any form of overt violence toward another student.
Verbal bullying includes name calling, teasing, and verbal threats.
Relational bullying is a form of social isolation that includes behaviors such as gossiping, intentionally leaving students out of activities, spreading rumors, and other measures that seek to change peer groups.
Schools typically give physical bullying more attention and priority (e.g., zero tolerance policies), possibly because it is more overt.
Targets of bullying can suffer a wide variety of negative side effects including: a variety of physical symptoms, poor social adjustment, psychological distress, social isolation, truancy, suicidal feelings/attempts, depression, loneliness, low self-esteem, and excessive school absences.
Experts in the field, have found certain interventions for bullying completely ineffective. Some of those approaches include teaching the targets to stand up to a bully, peer mediation, conflict resolution, "bully groups", and ignoring the bullying.
Current recommendations for bully prevention and intervention include: integrate bullying response into an effective discipline program; create a secure reporting process; improve the quality of supervision ("active line of sight" at recess, transitions, bathroom, lunch room, bus, etc.); taking on foul language (considered a "disinhibitor"….allows escalating behaviors); spending some regular class time on bully prevention and peer relationships;
and promoting systemic equality (the same rules for all).
Handling Disclosures of Bullying
If a student discloses bullying during a lesson, remain calm. Do not panic or express shock. Acknowledge the student's disclosure and continue the lesson. For example, say: That sounds like it was upsetting. Let's talk more about it later or I'd like to talk with you more about that later.
As soon as possible after the lesson, meet and speak privately with the student. Use the Four-A Response Process and Coaching Process as appropriate.
The Four-A Response Process
Use the following process when a student reports bullying:
1. Affirm the student's feelings.
You were right to talk to an adult.
I'm glad you asked for help with this.
2. Ask questions.
Tell me more about what happened
Use our bully definition to sort it out (happened before?)
Did anyone else see/hear what happened? (witnesses)
3. Assess the student's safety.
Determine what the student needs in order to be safe now.
4. Act
Problem solve with student to prevent future issues
Tell student what will happen next
Provide consequences for regular rule violations/ behavior problems (just as you always have)
Refer to School Counselor or Principal if its determined bullying did happen
Adapted from http://cfc.secondstep.org on line resources
Boise School District does not discriminate on the basis of race, color, national origin, sex, disability, or age in its programs and activities and provides equal access to all individuals. Learn more...