Learning Plan Essay

The learning plan portrayed in this paper is to have understudies banter a theme identified with the Civil War. The discussion subject is â€Å"Was the Emancipation Proclamation authorized for moral reasons or political reasons?† The principle idea of this learning plan is to have understudies work cooperatively to investigate realities, and review and use realities from the Civil War unit to fuse into their contentions. (It ought to be noticed that the learning plan depicted in this paper will take a few classes to finish, anyway the learning plan methods will just address the class where the discussion will happen.) It is accepted that banter aptitudes were educated in a past class. The learning hypothesis surely consolidates constructivist perspectives. They are building information instead of retaining it. This is constructivist approach is outlined through the community oriented nature of the task, just as through the examination that students’ must create. As far as the utilization of innovation and media; the understudies will be told to explore one wellspring of data, from the web, identified with their contention. They should present a one-page examination of the data in which they found alongside a references page. This must be submitted to the educator seven days before the planned discussion. The instructor will evaluate the substance of the paper, yet the references page will likewise be significant. Educator must assess the sorts of web sources that the understudies have utilized. The believability of the web source, and the quality of student’s exploration will be broke down by the instructor. The reason for existing is to survey student’s customary education and basic systematic aptitudes (surveyed while assessing the substance), and data proficiency/translation abilities of online material (evaluated by exploring the reference page). At long last, the instructor will hand back papers to the understudies, and he/she will teach each gathering to use in any event two of their gathering members’ papers into their group’s contentions. Media and innovation will likewise be joined with the utilization of online life. The educator will tell understudies that their discussions will be recorded and submitted to youtube or a non-public school site (i f issues of security are raised). Others will be permitted to see the video to assess the quality of each team’s contentions. In view of the remarks of open watchers, a victor will be picked (by mainstream vote). This well known vote will be consolidated as a little rate into the appraisal. This is being done as to permit understudies toâ participate in new media openings inside an instructive setting. Learning Plan Context Setting The high needs school will be a High School in the Bay Area, either in San Francisco or Oakland. There will be 25-30 understudies in an individual classroom. The exercise will occur the week after the Civil War unit is done. It is foreseen that the unit will last around fourteen days, in this manner the discussion class will happen during the third week. The genuine discussion class will take up one class period. The substance region is US History/Politics. The evaluation level is Juniors (eleventh grade). In total, the educational plan unit is eleventh grade, US History/Politics, Civil War unit. Norms As per California principles for education ever/Social Studies in 6-twelfth grades. An understudy must have the option to show investigation of essential and auxiliary sources, and interface these bits of knowledge to the comprehension of the entire content. This capacity will be tended to and evaluated when understudies must consolidate data gained from the course book with data picked up from the web, and utilize the two wellsprings of data, into their discussion. The student’s capacity to embrace this assignment will be assessed by the educator with the accommodation of student’s sources, and furthermore during the discussion. (http://www.cde.ca.gov/be/st/ss/archives/finalelaccssstandards.pdf.) Also as per California guidelines, understudies must have the option to assess different clarifications for occasions and activities. This standard is outlined in the idea of the movement. A discussion, in itself, assesses various clarifications for one occasion, which makes it a perfect methods for tending to this norm (http://www.cde.ca.gov/be/st/ss/reports/finalelaccssstandards.pdf.) Finally, as indicated by California principles, understudies must have the option to assess varying perspectives on the equivalent chronicled issue. By and by, this standard is outlined inside the idea of a discussion. It is additionally outlined when understudies present their own examination of web research (http://www.cde.ca.gov/be/st/ss/archives/finalelaccssstandards.pdf.) Learning Objective Understudies will have the option to cooperatively show their insight into Civil War strategy, occasions and data, from the course reading and from online sources, by planning contentions to be introduced inside a discussion. Learning Theory Applications Constructivism is surely impacting everything in this exercise plan: The action permits information to be sorted out into outlines, ideas, and perspectives. This action is underscoring the utilization of valid exercises by building information through cooperation with the conditions (web and peers), and applying it to genuine circumstances (banter). The community oriented part surely outlines constuctivism; students will enable each other to make reasonable associations. At last, understudies are working self-sufficiently with the assistance of the instructor as facilitator, supporter, and model (Ormrod, 2006). Learning Accommodations: Individualized Education Plan for Special Accomodations: In each group, all understudies will be relegated a job. For instance, â€Å"speaker†, â€Å"writer†, â€Å"time-keeper†. A student’s IEP will be mulled over when doling out jobs. An understudy with an IEP, will be doled out a job that best accommodates their IEP. For instance, an understudy with ADD, might be most appropriate to be a watch since their capacity to focus isn't as engaged. They might be restless to change the pace of the group’s conversations, and in this manner they might be anxious to monitor the time. Language Development needs: When doling out the web based examination; the educator will give ELL understudies a site to explore to, rather than having the understudies explore the web themselves. Instructor will give unequivocal guidelines regarding where to look on the site so understudies don't feel also overpowered with the English language. Educator will request that the un derstudies attempt to grasp a portion of the data, in any case in the event that this demonstrates excessively troublesome, at that point the instructor will request that the understudies discover 15-20 words from the site that the understudy didn't comprehend. The understudy will at that point discover the implications of these words in their own language. They should compose at any rate a passage about the Civil War unit consolidating five of the words that they found on the web. Also,â at least two of these words must be fused into the contentions of their group. Skilled and Talented requirements: This is a provoking segment to consider in light of the fact that a talented/gifted understudy doesn't really mean a scholarly thorough understudy. To truly tailor the exercise to address the interests of a skilled/gifted understudy, at that point the instructor should be acquainted with the character of that specific understudy. Nonetheless, a few circumstances will be tended to here. Above all else, from the examination, the exercise itself befits that of a skilled/capable understudy. Rivalry, which portrays a discussion, for the most part suits the idea of skilled/capable understudies. (http://www.teachersfirst.com/gifted_strategies.cfm) The main circumstance to consider is an understudy who is skilled/capable, yet not scholastically thorough. This understudy will be given an influential position inside his/her group. He/she might be allocated to sort out/deal with all the thoughts of the understudies. He/she is the person who will be given the rubric for what the instructor is surveying while watching the team’s conversations and contentions. He/she is the chief, and he/she will be evaluated on their capacity to keep his/her group on task. Along these lines, this understudy isn’t essentially accomplishing more â€Å"academic† work, however he/she is being tested in a somewhat troublesome way. A subsequent circumstance to consider is to have a skilled/gifted understudy who is scholastically thorough. The educator will give this understudy a subsequent part to add to his/her examination paper. The understudy must interface course reading material and web material to the US legislative issues of today. This is expanding the intellectual procedure from dissect (which all understudies must do with their exploration papers) to assess (Anderson and Krathwol, 2001). The understudy can decide to consolidate this additional part into their team’s contentions. Asset Accommodations: Low tech: There are no PCs, projector, or web access in the study hall. If so, instructor may need to assign time in various exercises to utilize school offices where PCs are accessible. PCs must be utilized so the instructor can show understudies the sorts of sites that are sound, just as to utilize locales, as youtube, to show understudies instances of discussions. PC use is vital so educator may need to require some serious energy previously or after school to meet with understudies (who will) show them the previously mentioned sites. Mid tech: One PC connectedâ to a projector is accessible in the study hall. The instructor can utilize this PC to show instances of believable sites, just as to show instances of discussions on the web. Cutting edge: Class is furnished with a few PCs. Groups can go online themselves to see recordings of discussions and start research for their paper. Thusly, the community oriented nature of the exercise will begin significantly prior (in the pre-arr anging stage). Content-Based Literacy Skills As far as text-based proficiency; understudies must join data from their reading material into their contentions

Ngos As Alternative Service Providers Children And Young People Essay Essays

Ngos As Alternative Service Providers Children And Young People Essay Essays Ngos As Alternative Service Providers Children And Young People Essay Ngos As Alternative Service Providers Children And Young People Essay which are approved by areas and are clinging to all future chiefs. However after such huge numbers of endeavors and vows to execute the Torahs and major laws the more vulnerable development of the general public, non just in India yet in all pieces of the universe, is still precluded the human rights from securing quality guidance, health and correspondence. Henceforth an interest was felt to search for a type of substitute strategy or way out to make full this spread. It is a direct result of this ground Non Governmental Organizations ( NGOs ) are shaped to bear the obligation of working the most unfortunate of hapless with the specialists. In a major creating state like India, Non Governmental Organizations ( NGOs ) go about as substitute or corresponding assistance providers and try to connect the army spreads in the formative methods among range and request of administrations. These other help providers play an of import work by helping authoritiess through supporting, joining forces and supplementing the plants of the territory so as to ensure that each one of the individuals who are barred, make the most of their privilege of balance in the public arena. Solid and scholarly individuals are the core of any turn of events. Absence of dish to the guidance, immovably obtained cognizance, achievements and great health is an office for its decrease. Economical advancement is conceivable simply through the dish to significant larning which in twist is significant for improved productiveness, reduced need, improved and deterrent health consideration, enabled grown-up females and upgraded correspondence. NGOs, as advancement life partners, have the head blending capacity to play in states where authoritiess have fizzled or can't bring through their standard capacity. In the health and guidance divisions, there are numerous achievement accounts that non only made the required physical base yet adjacent to built up the scholastic and thinking about the individuals who are still forgotten about. NGOs as bearers of comprehensive developing Legislature of India is focusing on the financial incorporation of the general public at huge. Yet at the same time there is a more prominent interest for the comprehensive society so as the underserved must non experience forgot about. Here NGOs can play a superior capacity for the coordinating of this more vulnerable development with the general public where specialists s endeavors are non ready to help through the spreads and the desires. Dish to essential guidance and wellbeing consideration establishments are in a general sense considered as the chief obligations of authoritiess. Governments attempt to be in accordance with the universally concurred parts of the bargains All which area that essential guidance ought to be free and necessary. The main point behind these imprints was on increasing dish of children to fundamental proper guidance gave by authoritiess. Job of authoritiess as a facilitator of fundamental guidance is relevant as an educated society can exploit in building state s uniqueness and can other than amass advantages of cultural and financial turn of events. Not only the general public at large however people can other than be profited in footings of way of life, lifecycle and across coevalss. In creating states like India, the jussive mind-set for instructed individuals is considerably more noteworthy, as it is non simply about applying the option to be scholarly and an obligation to part towards the state for its turn of events, however it is other than of import for guaranting security. Wellbeing consideration and guidance are the essential assistance areas given these are the biggest, the most common and detectable foundations in the state, seeable even in the privy parts. Due to their social, cultural and financial elements of wellbeing and guidance areas, these are the most mind boggling foundations to administrate and pull off. Subsequently, independent of the considerable number of endeavors and cash put in for the satisfaction of protected vow of Education for All and Healthy Citizens , India is as yet battling with the significant issues of hapless quality, insufficiency of rationale, complication and inconsistent dish in the tutoring and wellbeing framework. Moreover, where the specialists s stipulation to perceive the points of cosmopolitan essential guidance and solid residents has been inconsistent to help through interest, the feasible and since a long time ago run association of specialists and NGOs can connect this spread. NGOs as partners in the organ ization go about as main thrust behind more noteworthy participation through the dynamic assembly of open help for a curious reason. With changed point of convergence on spread excursion the establishments of value health consideration and guidance and to be in a state of harmony with the parts of the bargains, more prominent going to is being paid on capacity of non specialists partners that they are playing and could play in back uping assistants and experts in achieving marks, while specialists being the main provider. This draws with regards to the adjusting capacity of the specialists needs to play in back uping the requests of improved health consideration establishments and quality essential guidance in occurrences where it is non the immediate provider. The specialists s work varies orchestrating to the sort of the NGO and the degree to which they praise the open bringing of the administrations. NGOs advocate their capacity towards the achievement of parts of the bargains either by seting power per unit territory on the specialists departments or by influencing straight as consideration takers. The underserved may take numerous signifiers including those hard to run in footings of sex, road kids, vagrants, disbanded kids in station battle nations, kids with disablements, exiles, kid workers and so on. These underserved are non ready to benefit their fundamental necessities of guidance and health and consequently can non be a segment of comprehensive developing in view of destitution, as well as a result of socio social and other interest related grounds. Insufficient flexibly of assets in stray and rustic nations can more remote decline these bottlenecks. NGOs and Orphan s interest for Education and Health According to a study directed by SOS Children s modest community dependent on third National Health Survey, there are around 20 million children ( around 4 % of the whole populace ) are vagrant. Fitting to this, 0.3 % kids were stranded on account of perish of their folks and rest 99.7 % have been surrendered. The central reason for such high figures are credited to destitution as the main supporter while cultural tumult and psychological oppressor act in certain regions, as uncovered by this investigation of SOS Children s modest community. Destitution, disablement, disagreements, and lack of cognizance are eminent bottlenecks to numerous children obtaining into schools. Financial difficulties and society s lack of association and insurance imply that vagrants may lose the opportunity to profit the establishments gave by the open wellbeing framework each piece great. Kids who have been stranded by the expire of guardians or the individual enduring guardian is non ready to take consideration, are typically disposed of by society, denied affection and consideration and left with hardly any assets to populate on. For cultural and monetary grounds these children much of the time drop out from schools. Now and again these children are not well taken care of and experience the ill effects of wiped out health and are at a danger of abuse and lack of regard. In many condition of affairss these children are driven into illegal exercises and sexual exercises in example of miss kid. India is go forthing no stones unturned with the mean to pass on vagrant into the standard. Service of Health and Family Welfare Ministry, Health Ministry and Education Ministry of Indian specialists have actualized arranged open help and wellbeing methodologies for the oppressed. Other than there are in excess of 800 orphanhoods across India for the upliftment of this underserved development of society. The specialists s undertaking to better the course of essential guidance and wellbeing consideration establishments for vagrants is established in the significance of fundamental human rights for all children. This endeavor of specialists s can ensure a place of uniformity and cultural security among all regions of society. The advantages of cultural fuse, mental turn of events, secure and organized condition and so on can be utilized by confabulating comprehension and life achievements. Vishwa Nirmal Prem Ashram The NGO The Vishwa Nirmal Prem Ashram is a Non Government Charitable Organization in Greater NOIDA, U.P. , has built up a hypothetical record that utilizes wellbeing consideration and guidance as an office of undertaking the employments of vagrant, with the boss point of convergence on miss kid and devastated grown-up females with no qualification of rank, confidence, part, race or shading material. The ashram is an endeavor of H. H. Shri Mataji Devi Foundation. The association is enrolled under the Trust Registration Act and Foreign Contribution Regulation Act ( FCRA ) . The association is financed by the individuals from the Sahaj Yoga Organization and there are some global providers each piece great. Courses and workshops are directed as store height exercises. NGO does non secure any financial guide from the specialists agencies. Mrs. Giesla Matzer, the Executive Director told that the ashram is controlled however non supported by the area specialists. The Ashram is overseen and run by the president Sir C. P. Srivastava and the legitimate watchmen. The twenty-four hours to twenty-four hours exercises are regulated by Austrian Citizen Mrs. Gisela Matzer, the Executive Director. She is actually beyond a reasonable doubt being called Oma by the tenants and resembles grandmother who ever gives them her protective love. Mrs. Darshi Gursharan, the dear grandmother, has numerous mature ages of understanding as

Swiss Miss

Swiss Miss DID YOU KNOW? The song Hips Dont Lie went to #1 in nearly every country that has singles charts. There are four countries where it only went to #2, and it only went to #94 in Japan. And I am SO SICK OF HEARING IT. This is a dumb story, but scroll down for some more pictures. I left my umbrella on a train in Switzerland last weekend. It was really a great umbrellait had a big button that you could press to open it, fit perfectly into my small girly hands, had a comfortable strap to fit around my wrist, was compact enough to fit horizontally in my backpack when folded up, and kept the rain off of me pretty well, although the ravages of time were becoming apparent after three years of use. But anyway, I left it on a train in Switzerland. I was worried about finding a replacement, because I got the umbrella three years ago at MIT when Shannon 05 lost my previous, much less awesome, umbrella. I was like, Whatever, just give me 12 dollars or something, but Shannon went out to the Cambridgeside Galleria the very next day and bought me this great, top-of-the-line umbrella that Ive loved ever since. So I thought that there would be a pretty big disparity between the amount of money that I was willing to spend on an umbrella and the kind of service I had come to expect from an umbrella. With that in mind, I looked up the word for umbrella in Google translator and went out shopping last night. I must have looked kind of strange in the first store I went to, because I tested each umbrella I encountered according to the above five characteristicsso I opened it, held it in my hand as if it were raining indoors, dangled it by its strap from my wrist, put it in my backpack, and estimated the permeability of the material. Do most people do this when theyre umbrella shopping? I mean, you would want to test-drive a car, right? There were a couple umbrellas with button-opening mechanisms, but only one even met two of my five criteriaa 10

Swiss Miss

Swiss Miss DID YOU KNOW? The song Hips Dont Lie went to #1 in nearly every country that has singles charts. There are four countries where it only went to #2, and it only went to #94 in Japan. And I am SO SICK OF HEARING IT. This is a dumb story, but scroll down for some more pictures. I left my umbrella on a train in Switzerland last weekend. It was really a great umbrellait had a big button that you could press to open it, fit perfectly into my small girly hands, had a comfortable strap to fit around my wrist, was compact enough to fit horizontally in my backpack when folded up, and kept the rain off of me pretty well, although the ravages of time were becoming apparent after three years of use. But anyway, I left it on a train in Switzerland. I was worried about finding a replacement, because I got the umbrella three years ago at MIT when Shannon 05 lost my previous, much less awesome, umbrella. I was like, Whatever, just give me 12 dollars or something, but Shannon went out to the Cambridgeside Galleria the very next day and bought me this great, top-of-the-line umbrella that Ive loved ever since. So I thought that there would be a pretty big disparity between the amount of money that I was willing to spend on an umbrella and the kind of service I had come to expect from an umbrella. With that in mind, I looked up the word for umbrella in Google translator and went out shopping last night. I must have looked kind of strange in the first store I went to, because I tested each umbrella I encountered according to the above five characteristicsso I opened it, held it in my hand as if it were raining indoors, dangled it by its strap from my wrist, put it in my backpack, and estimated the permeability of the material. Do most people do this when theyre umbrella shopping? I mean, you would want to test-drive a car, right? There were a couple umbrellas with button-opening mechanisms, but only one even met two of my five criteriaa 10

Cyber Threats Online Cyberbullying - 906 Words

More than 2 in 4 social media users have experienced cyber threats online. Social Media has come a long way creating many ways to entertain ourselves and interact with others, such as, friends, family, or complete strangers. Over the years technological advances have certainly increased. Social networks have skyrocketed tremendously over the past years becoming highly popular all over the world and to everyone. For instance, we know have Facebook, MySpace, Twitter, and Instagram etc. These social networks might be a luxury to some people but unfortunately others have experienced awful situations and encounters that have left them traumatized. Not only are people getting bullied, harass, and teased on these social Medias but its changing the way we interact and communicate with one another in real life. Sarah Zay, of USA Today, said that â€Å"With the rise of websites such as Facebook, social networking may be on the verge of replacing traditional personal interactions for the next generation.†(Sarah). Social media sites provide many opportunities for businesses and entrepreneurs, but Social Media greatly impacts our society in a negative way as it causes physical and mental harm to select others, identity fraud(Sex-Offender), and it’s changing the way we communicate and interact. First of all, nowadays we have so many social networks to choose from cyberbullying has sadly increased. Adults, teens, and even children have been virtually attacked, harm and in some cases physicalShow MoreRelatedCyberbullying : Causes And Dangers Of Cyber Bullying985 Words   |  4 Pageshave been cyber bullied online on social media, websites, and through via communication like emails and group chats. 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Cognitive/Social Development of the Elementary Student Essay

The elementary years are full of major milestones of both cognitive and social development. These elementary milestones as described by Piaget include primarily the concrete operational stage where children develop logical thinking skills including the ability to distinguish personal thinking skills (Bukatko and Daehler, 2012). Elementary educators and care givers have a responsibility to provide and environment rich in play and peer interaction as well as focused on the appropriate zone of proximal development, pushing towards the development of higher level thinking skills. Beginning with play, specifically through rough and tumble play† young children gain an understanding of social cues as well as contribute to cognitive development†¦show more content†¦Social pretend play promotes cognition, language and social competence. Vygotskys theory of play states that natural play must contain both an imaginary situation and the voluntarily accepted rules that govern the s ituation (Pellengrini, 2005). Play beings to look different through elementary school as children’s interactions with one another begin to mature, but communication remains crucial. Peer communication contributes to the achievement of elementary milestones as learning is a shared social activity embedded in classroom interactions. This ideal of social constructivism is supported by one of the pillars of Vygotsky’ theory of sociocultural development, the zone of proximal development (ZPD) (Lecusay, Rossen Cole, 2008). The ZPD is defined as the distance between the actual developmental level as determined by independent problem solving and the level of potential development as determined through problem solving under adult guidance, or in collaboration with more capable peers (Vygotsky, 1978). 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Defective Good in Law Free Essays

string(315) " law in India LIABILITY FOR MANUFACTURING OR DISTRIBUTING A DEFECTIVE PRODUCT IN INDIA In India, Product liability law, also called â€Å"products liability†, governs the liability of manufacturers, wholesalers, distributors, and vendors for injury to a person or property caused by dangerous or defective products\." INTRODUCTION WHAT ARE GOODS Goods have been defined in the Sale of Goods Act, 1930 as every kind of moveable property other than actionable claims and money; and include stock and shares, growing crops, grass, and things attached to or forming part of the land which are agreed to be severed before sale or under the contract of sale. The Consumer Protection Act, 1986 lays down that defect means any fault, imperfection or shortcoming in the quality, quantity, potency, purity or standard which is required to be maintained by or under any law for the time being in force under any contract, express or implied or as is claimed by the trader in any manner whatsoever in relation to any goods. An average Indian consumer is noted for his patience and tolerance. We will write a custom essay sample on Defective Good in Law or any similar topic only for you Order Now Perhaps because of these two traditional traits and due to the influence of the Mahabharata, the Ramayana and the Bhagavad Gita, he considers the receipt of defective goods and services as an act of fate or unfavourable planetary position in his horoscope. When a new television or refrigerator purchased by him turns out to be defective from day one, he takes it reticently, blaming it on his fate or as the consequence of the wrongs committed by him in his previous birth. Very often he is exploited, put to avoidable inconveniences and suffers financial loss. It is rather paradoxical that the customer is advertised as the â€Å"king† by the seller and service provider, but in actual practice treated as a slave or servant. Goods are purchased by him along with the label â€Å"Items once sold by us will never be received back under any circumstances whatsoever. WHAT ARE DEFECTIVE GOODS A product is in a defective condition, unreasonably dangerous to the user, when it has a propensity or tendency for causing physical harm beyond that which would be contemplated by the ordinary user, having ordinary knowledge of the product’s characteristics commonly known to the foreseeable class of persons who would normally use the product. With regard to the issue of ‘legal cause,’ a defective condition is a legal cause of injury if it directly and in natural and continuous sequence produces or contributes substantially to producing such injury, so that it can reasonably be said hat, except for the defective condition, the injury complained of would not have occurred. A defective condition may be a legal cause of damage even though it operates in combination with the act of another, some natural cause, or some other cause if such other cause occurs at the same time as the defective condition and if the defective condition contributes substantially to producing such damage. Thus, in cases involving allegedly defective, unreasonably dangerous products, the manufacturer may be liable even though you may find that it exercised all reasonable care in the design, manufacture and sale of the product in question. On the other hand, any failure of a manufacturer of a product to adopt the most modern, or even a better safeguard, does not make the manufacturer legally liable to a person injured by that product. The manufacturer is not a guarantor that nobody will get hurt in using its product, and a product is not defective or unreasonably dangerous merely because it is possible to be injured while using it. There is no duty upon the manufacturer to produce a product that is ‘accident-proof. ‘ What the manufacturer is required to do is to make a product which is free from defective and unreasonably dangerous conditions. Any consumer who receives any defective goods can make a complaint. A consumer cannot make a complaint if the defective item. CASE STUDY: Mahender purchased one Britannia Good Day Biscuit packet and one Little Hearts biscuit packet at a ration shop. M/s Sri Raja Rajeshwari General Stainless Steel Shop for Rs. 17/- and got the receipt for the same. He took the biscuit packet to his house and handed over the Little Hearts Biscuit packet to his younger son aged about seven years. After sometime his son started weeping. On questioning him he said that the biscuit packet had no biscuits in it. Then Mahender himself checked and found that the sealed packets did not contain any biscuit. He filed a complaint in the District Forum. The manufacturer did nothing and denied the supply of the biscuit packets without biscuits but filled with air. Mahindra claimed damages and compensation of Rs. 60,000/- on the ground that his son kept weeping for the whole night after seeing the empty biscuit packet. Further, the manufacturer, Britannia Company alleged that Mahindra colluded with the retail owner and filed the complaint to extract money. Instead of accepting that some random defective pack came into the market and solve a simple matter like this, the manufacturer Britannia Company made false allegations that it was a concocted story. The District Forum held that it is an unfair trade practice to supply empty packs without biscuits. It directed them to pay Rs. 2,000/- as compensation and Rs. 500/- as costs of complaint to be paid within one month. ? DEFECTIVE PRODUCTS Defective products may cause injuries even serious injuries to an individual. In fact, it is the cause of thousands of injuries every year. This may be due to the manufacturers or to the corporations who design and sell the products but do not consider the well-being of the consumers. These manufacturers are more of profit than safety of the products. Thus, it put buyers to risk and danger. When you are injured or harm in any way by a faulty product, you should seek a defective product injury lawyers who could help you to make the negligent party liable for producing unsafe products. These are the products that consumers buy which usually has defects: Brakes Tires Airbags Restraint system such as seat belts Firearms Farm equipment Helmet Prosthetics Pharmaceuticals Products and Strict Liability Product Liability law in India LIABILITY FOR MANUFACTURING OR DISTRIBUTING A DEFECTIVE PRODUCT IN INDIA In India, Product liability law, also called â€Å"products liability†, governs the liability of manufacturers, wholesalers, distributors, and vendors for injury to a person or property caused by dangerous or defective products. You read "Defective Good in Law" in category "Papers" The goal of product liability laws is to help protect consumers from dangerous or defective products, while holding manufacturers, distributors, and retailers responsible for putting into the market place products that they knew or should have known were dangerous or defective. Under the law, a victim has three grounds on which a defective product claim may be based and liability of the manufacturer may be established in the case: 1. Marketing defects – it is very important that a product includes warnings. Warnings should tell consumers about the dangers of the product, including instructions on how to use it. Marketing defect are those products without warnings or with improper warnings about the products possible threats. 2. Manufacturing Defects- these include defects that occurred when manufacturing the product or during the process of making it. . Design defects- a flaw or defect to the product that were not detected during the design process. This defect is inherent and exists even before the product is made. Meanwhile, strict liability does not rely on the level of carefulness. It is not important whether the manufacturer exercise great care. As long as the product they produced or sold is defective and caused harm to a person, they will be h eld automatically liable. Also, strict liability allows a person who was injured by a defective product, to obtain compensation from the manufacturer or seller of the product. Even if the other party is negligent, you can still get remuneration for damages. This is because manufacturer, seller or retailer has a responsibility for any product they produce. Civil Product liability in India is, essentially, governed by: a) The Consumer Protection Act, 1986 b) The Sales of Goods Act, 1930 c) The Monopolies and Restrictive Trade Practices Act, 1969 (hereinafter referred to as the â€Å"MRTP Act†) d) The law of Torts. e) special statues pertaining to specific goods. CASE STUDY: In a Pair, one Shoe is longer than the other Anand Raj had purchased a pair of shoes from M/s. Metro Shoes Ltd. for Rs. 2,190/-. After one day’s use he was shocked to find that the shoes were defective as one of them was longer than the other. He rushed to the shop for an exchange. That was denied to him, but they offered to rectify the defect. M/s Metro Shoes Ltd. tried to rectify the same but Anand Raj found it uncomfortable to wear even after repairs. Complaint was filed in the District Forum. Metro Shoes denied their liability and argued that the cash memo given to the purchaser reads as ‘Exchange within 15 days for unused pair with price tag intact’. It was not that the shoes were used extensively as they were brought to the shop immediately. During the proceedings in the District forum, Metro Shoes Limited agreed to replace the said pair of shoes but all the same Anand Raj was put to inconvenience and forced to take matter to a consumer forum. The District Forum held Metro Shoes Ltd. deficient in service for selling a defective product and directed them to pay Rs. 2,190/- after receiving the said pair of shoes from Anand Raj along with a compensation of Rs. 1000 and Rs. 500 as costs. Anand Raj. B. v. M/s Metro Shoes Ltd. , C. C. No. 261 of 2008, decided on 9-6-2008. What are the reliefs available to consumers? Consumer courts may grant one or more of the following reliefs:- A) Repair of defective goods. B) Replacement of defective goods. C) Refund of price paid for the defective goods or service. D) Removal of deficiency in service. E) Refund of extra money charge. F) Withdrawal of goods hazardous to life and safety. G) Compensation for the loss or injury suffered by the consumer due to negligence of the opposite party. H) Adequate cost of filing and pursuing the complaint. I) Grant of punitive damages. What Is The Legislation That Ensures All These Rights? It is the Consumer Protection Act, 1986. The act seeks to promote and protects the interest of consumers against deficiencies and defects in goods or services. It also seeks to secure the rights of a consumer against unfair or restrictive trade practices, which may be practiced by manufacturers and traders. There are various levels of ad judicatory authorities that are set up under the Act, which provide a forum for consumers to seek redressal of their grievances in an effective and simple manner. When can I approach a consumer court? You can approach the consumer guidance society and consumer court if the goods you have purchased have any defect in quality quantity, purity or standard. You may also do so if the service you have paid for has any fault, shortcoming or inadequacy. In the quality, nature and manner of performance. The list of services is long, including the nature of transport, telephones, electricity construction, banking, insurance, medical treatment, etc. By and large, services of Professionals such as doctors, engineers, architects, lawyers, etc come under the purview of consumer courts. What happens if I have bought the goods on installments? Even if you have partly paid for an item or service or under any method of deferred payment you can file a complaint if it is defective or deficient. Can I file a complaint in case the good is purchased for a commercial purpose? No. If the purchase of goods (or service) is for commercial or resale purpose, you cannot file a complaint in the consumer courts. You have to approach the civil court. There is an exception though. If you are a self-employed person and the product (or service) is exclusively for the purpose of earning your livelihood, you may approach the consumer court. Is there a time limit to filing a complaint? Yes. The complaint is to be filed within two years from the date on which cause of action has arisen unless it can be proved that there was a good enough reason for filing a complaint after the lapse of two years. CASE STUDY Imported Magnetic Bed – Defective and Ineffective Lakshmana Reddy purchased a magnetic bed for Rs. 1,48,500/- from the Frontier Trading. This was an imported bed from Japan, which was called ‘Japan Life Total Sleeping System’. It was supposed to help in ailments including polio, paralysis etc. Literature regarding this magnetic bed and leaflets were shown to Lakshmana Reddy by their agents who pursued him continuously for purchasing it. Lakshmana Reddy was a polio-paralytic patient and after taking intensive medical treatment and physiotherapy exercises he completely recovered with regard to his right leg and to some extent with regard to his left leg within a period of two years and started walking by using caliper on his left leg and with the help of hand stick. In 2000, he purchased the Japan Life Sleeping System. He did not get any relief; in fact, he started having giddiness. It did not make any improvement in the left lower limb muscle and the experts informed him that it was unlikely to improve in future. He had no improvement in his health after purchasing and using the magnetic bed. Case was registered against the agent in the police station and the Commissioner of police also inquired about cheating by the agents. It was also published in the newspapers that this agent has been cheating not only Lakshmana Reddy but many others. The District Forum held that it was deficiency in service on the part of the agent and the rest and made them jointly and severally liable to pay a sum of Rs. ,48,500/- along with interest at 12% p. a. from 01. 04. 2000 till the date of payment with compensation of Rs. 10,000/- and Rs. 1,000/- as costs. WHO CAN FILE A COMPLAINT? †¢A consumer †¢Any voluntary consumer organization registered under the Societies Registration Act, 1860 or under the Companies Act, 1956 or under any other law for the time being in force â € ¢The Central Government †¢The State Government or Union Territory Administrations †¢One or more consumers on behalf of numerous consumers, having the same interest (Class action complaints) WHERE TO FILE A COMPLAIN: If the cost of goods or services and compensation asked for is up to Rs five laky, then the complaint can be filed in the District Forum located at Pushpa Heights, Pune Satara Highway, Bhiwandi corner. †¢If the cost of goods or services and compensation asked for is more than Rs five lakh , but less than Rs 20 lakh then the complaint can be filed before the State Commission notified by the State Government or Union Territory concerned †¢If the cost of goods or services and compensation asked for exceeds Rs 20 lakh then the complaint can be filed before the National Commission at New Delhi. FILING PROCEDURE PROCEDURE FOR FILING COMPLAINT: A complaint can be filed by a complainant against the seller, manufacturer, or dealer of goods which are defective or against the provider of services, if they are deficient in any manner whatsoever. An unfair trade practice or restrictive trade practice can also invite complaint. A complaint can be a:- (a) Consumer to whom such goods are sold or delivered or agreed to be sold or delivered or such service provided or agreed to be provided; (b) A firm registered or unregistered (c) An individual (d) Hindu Undivided Family. e) A cooperative society or any other association of persons (f) The Central or the State Government; and (g) in case of death of a consumer his legal heirs of representatives Along with the complaint, the complainant is required to file copies of supporting documents, i. e. , cash memo, receipts, agreements, etc. The complainant is required to file 3 copies of the complaint, together with enclosures, for official pur pose plus copies for the number of Opposite Parties. The complaint should be filed along with fee in the form of Postal Order/ Demand Draft according to the amount of compensation claimed. JURISDICTION FOR FILING COMPLAINTS In terms of the provisions contained in the Consumer Protection Act, 1986, complaints:- 1. Where the value of goods or services and compensation, if any, claimed below Rs. Twenty Lacs or upto Rs. Twenty Lacs, can be filed before State Commission. 1. Where the value of goods or services and compensation, if any, claimed exceeds Rs. Twenty Lacs but does not exceed Rs. One crore, can be filed before State Commission. The complaints can be filed at the Filing Counter of the State Commission on every working day from 10. 30 a. m. to 1. 30 p. m. How to cite Defective Good in Law, Papers