Criminal justice system Assignment Example | Topics and Well Written Essays - 750 words

Criminal equity framework - Assignment Example Thirdly, the two of them have a benefit against self-implication. Fourthly, both the adolescent and the grown-up reserve a privilege to notice of the charges in court. In any case, both grown-up and adolescent guilty parties reserve the option to get the Miranda admonitions. During the court procedure, the two of them get equivalent security of their privileges (Harry and Dammer, 2010). At last, in the two frameworks, before a can be indicted for any violations, there must be a proof of nonsensical uncertainty that the individual perpetrated the wrongdoings or the reprobate demonstrations (Harry and Dammer, 2010). There are various examinations between the adolescent equity framework and the grown-up criminal equity framework. On the primary note, the adolescent equity framework is a quality of the criminal equity framework. Adolescents are charged in common procedures and get no criminal record not at all like the grown-ups who are charged in a criminal continuing and on being disco ver blame are compelled to convey a criminal record of one’s grown-up life. Adolescent court procedures are done in a casual manner though, in a grown-up criminal equity framework, court procedures are completed in a conventional way (Harry and Dammer, 2010). There are numerous noteworthy contrasts that exist between the adolescent equity framework and the grown-up equity framework (Harry and Dammer, 2010). In the adolescent equity framework, the essential and practical objective is the restoration, network insurance and treatment of the person. In a criminal equity framework, discipline is the essential focus.... Another distinction is the availability of records and procedures. There is private community to adolescent records and classified court procedures in an adolescent court dissimilar to in the grown-up criminal court where criminal records and court procedures are available to the general population (Harry and Dammer, 2010). Additionally, in an adolescent framework, an adolescent guilty party faces a consultation which depends on the two his social history and legitimate variables while, in a criminal equity framework, respondents are put being investigated dependent on lawful components. Alluding to open jury preliminary, the adolescents reserve no privilege to a jury preliminary dissimilar to for the situation grown-up criminal equity where litigants reserve an option to an open jury preliminary (Harry and Dammer, 2010). Then again, adolescents are mistreated for reprobate though respondents in a criminal court are decided as either honest or liable. In situations where the reprobat e demonstrations are not kidding, they may be considered as wrongdoings and the adolescent will be attempted in the grown-up courts (Harry and Dammer, 2010). There are some significant contrasts between the adolescent and the grown-up equity frameworks that secure the wrongdoers. For instance, in the adolescent courts the idea of the offense and age is mulled over (Harry and Dammer, 2010). By thinking about these elements, an adolescent is shielded from being attempted as a grown-up in the grown-up courts. So also, in adolescent courts, parole depends fundamentally on reconnaissance just while in a grown-up criminal equity, parole depends on checking of unlawful practices and observation (Harry and Dammer, 2010). The adolescent equity framework is unique in relation to the grown-up criminal judges in light of the fact that in the adolescent courts,

Project risk analysis and assessment in oil and gas industry Essay

Task hazard investigation and appraisal in oil and gas industry - Essay Example In any case, the fundamental point of this paper is to concentrate on restrictions and issues of the apparatuses and methods of undertaking hazard examination and assessment.â Hazard and vulnerability assessment has a couple of confinement and entanglements in the chief thought. All of these procedures makes strong part of mediation and nonappearance of vital reason in hazard and vulnerability assessment. These inadequacies will realize disgraceful treatment of vulnerabilities. Those cutoff points are displayed here to give the follower a reflection on the usage of current hazard and vulnerability examination in the rational example of the sensible endeavor stage (Perminova et al, 2008). Center the segregating parameter for subject of assessment. This premise can be tended to. Affectability assessment isn't defenselessness examination. Affectability just worries on yield result as change of data parameter. Questionable information parameter isn't chosen through use of affectability assessment. The examination on how questionable data parameter is prohibited in this examination. The objective of hazard and vulnerability assessment is to foresee future execution of questionable observable sums that are not known at the period of assessment. Imagine the effect of oil stores to joined NPV of a field. In the occasion that recoveries has considerable proportion of oil contained, adventure NPV might be sure. Something different, NPV might be negative because cost will be higher than oil bargains given that recoveries are underneath certain proportion of worth. Affectability examination is directed to investigate how oil stores influences NPV. It has nothing to do with how v ague the stores, helplessness of stores underneath certain quality, or all out probability of stores in high and low regard. Affectability examination isn't utilized to center mysterious information parameter for hazard and vulnerability

Practice in Identifying Adjectives

Practice in Identifying Adjectives This activity will give you practice in perceiving adjectivesthe grammatical form that changes (or qualifies the significance of) things. To become familiar with modifiers in English, see: Adding Adjectives and Adverbs to the Basic Sentence UnitPractice in Turning Adjectives Into AdverbsSentence Building with Adjectives and AdverbsSentence Combining With Adjectives and Adverbs Directions The sentences in this activity have been adjusted from those in two sections of E.L. Doctorows epic Worlds Fair (1985). (To peruse Doctorows unique sentences, go to Ritual in Doctorows Worlds Fair.) Check whether you can recognize all the descriptors in these 12 sentences. When youre done, contrast your reactions and the appropriate responses on page two. Grandmothers room I viewed as a dim lair of crude customs and practices.She had two unstable old candlesticks.Grandma lit the white candles and waved her hands over the flames.Grandma kept her room clean and tidy.She had an exceptionally amazing expectation chest secured with a shawl and on her wardrobe a hairbrush and comb.There was a plain rocker under a light so she could peruse her petition book.And on an end table close to the seat was a level box stuffed with a restorative leaf that was destroyed like tobacco.This was the focal point of her generally steady and secretive ritual.She expelled the top from this blue box and turned it on its back and utilized it to consume a touch of the leaf.It made minor pops and murmurs as it burned.She turned her seat toward it and sat breathing in the slim wisps of smoke.The smell was impactful, as though from the black market. Here are the responses to the Exercise in Identifying Adjectives. Modifiers are in striking print. Grandmothers room I viewed as aâ darkâ den ofâ primitiveâ rites and practices.She hadâ two flimsy old candlesticks.Grandma lit theâ whiteâ candles and waved her hands over the flames.Grandma kept her room clean and tidy.She had a veryâ impressiveâ hope chest secured with aâ shawlâ and on her wardrobe a hairbrush and comb.There was aâ plainâ rocking seat under a light so she could peruse her petition book.And on an end table adjacent to the seat was aâ flatâ box pressed with aâ medicinalâ leaf that was destroyed like tobacco.This was the focal point of her most consistent and mysterious ritual.She expelled the cover from thisâ blueâ box and turned it on its back and utilized it to consume a spot of the leaf.It madeâ tinyâ pops and murmurs as it burned.She turned her seat toward it and sat breathing in theâ thinâ wisps of smoke.The smell wasâ pungent, as though from the black market. See also: Exercise in Identifying Adverbs

The Purpose of Language - Literature Essay Samples

Jean-Jacques Rousseau and his predecessor, Thomas Hobbes, both encounter the issue of language while constructing a concept of the state of nature and the origin of human society, a favorite mental exercise of seventeenth and eighteenth century philosophers such as themselves. The two agree that language elevates or, perhaps more appropriately in regards to Rousseau, separates man from beast, and facilitates mans departure from the state of nature. Their differing notions regarding the state of nature and those of civil society in turn reflect their divergent judgments of the value and consequences of language. Thomas Hobbes, in his Leviathan, describes the natural state of man to be in constant conflict and misery, that during the time men live without a common power to keep them all in awe, they are in that condition which is call war; and such a war, as is of every man, against every manwherein men live [in] continual fear, and danger of violent death; and the life of man, solit ary, poor, nasty, brutish, and short (Hobbes, 84). One premise behind Thomas Hobbes notion of the state of nature is the right of nature, which writers commonly call jus naturalethe liberty each man hath, to use his own power, as he will himself, for the preservation of his own nature (Hobbes, 86). According to Hobbes, this jus naturale will cause the generation of a commonwealth to defend them from the invasion of foreigners, and the injuries of one another (Hobbes, 114). The commonwealth is created by a covenant when a multitude of men do agreeevery one, with every one, that to whatsoever man, or assembly of men, shall be given by the major part, the right to present the person of them all (Hobbes 115). Only then can man live in peace. Interestingly, Hobbes discussion of language precedes his discussion of the state of nature in Leviathan. In Chapter 4 of Book I, a chapter entitled Of Speech, Hobbes defines speech as consisting of names or appellations, and their connexion (Hobbes , 20), and cites the four main uses of speech: firstly, to transfer our mental discourse into verbal, secondly, to show to other that knowledge which we have attained, thirdly, to make known to others our wills, and purposes, that we may have the mutual help of one another, and lastly, by playing with our words, for pleasure or ornament (Hobbes, 21). According to Hobbes, speech was first given to humanity by God, who instructed Adam how to name such creatures as he presented to his sight, thus first establishing names and their connexion. For these reasons, Hobbes extols speech as the most noble and profitable invention of all otherwithout which, there had been amongst men, neither commonwealth, nor society, nor contract, nor peace, no more than amongst lions, bears, and wolves (Hobbes, 20). With communication comes the possibility of mutual understanding among men, and thus only with speech can men leave the state of nature. Besides the critical capacity for communication that lan guage provides, Hobbes also proposes a more debatable function of language in his ideal commonwealth. According to Hobbes, truth and falsity consists in either affirming or denying the connection between two names, and thus, where speech is not, there is neither truth nor falsehood (Hobbes, 23). Furthermore, he questions the entire foundation of knowledge and philosophy. Hobbes argues that we cannot rely upon nature to reveal true reality because the only way we can experience the world is through our senses, so though the nature of that we conceive, be the same; yet the diversity of our reception of it, in respect of different constitutions of the body, and prejudices of opinion, gives every thing a tincture of our different passions (Hobbes, 27). Instead, Hobbes suggests the establishment of first definitions by the sovereign, upon which all members of society must agree. All conclusions that ensue follow from logical syllogisms based upon these first principles. Thus, Hobbes prov ides a deductive grounding for knowledge, much like in geometry, which Hobbes praises as the only science that it hath pleased God hitherto to bestow on mankind (Hobbes, 23) where everyone has accepted certain definitions and basic principles, after which geometric truths logically follow. When philosophical reasoning is thus reduced to mathematics, all truths and knowledge derived from these accepted first definitions become irrefutable, in the same way geometric proofs are irrefutable. In this manner, Hobbes boldly bases the entire nature of truth and epistemology upon language, a human construct. Jean-Jacques Rousseau sets forth in his Discourse on the Origin of Inequality an exhaustive diatribe against modern society and the entire history of human progress. He begins by describing the state of man before his entrance into society, a conception commonly regarded as diametrically opposed to that of Hobbes. According to Rousseau, the savage man is in an idyllic, peaceful state, pr oduced in part by his ignorance and simplicity of mind. Rousseau argues that since the savage man is naturally unsociable and since there are unlimited natural resources, the savage man largely remains solitary and has very little contact with others, thus very little chance of conflict, much opposed to Hobbes idea to the perpetual state of war in nature. Furthermore, Rousseau believes that two natural laws, which existed prior to reason, govern the interaction between humans in the state of nature: self-preservation and pity. The first we are already familiar with, but the second suggests a softer view of human nature than that of Hobbes. Rousseau describes pity as a natural repugnance to seeing any sentient being, especially our fellow man, perish or suffer (Rousseau, 35). Pity, which moderates self-preservation, contributes to the mutual preservation of the entire speciestakes the place of laws, mores, and virtue (Rousseau 55). Thus, the state of nature was harmonious, even if cr ude and primitive. In fact, man in Rousseaus state of nature differs not much from animals. However, the faculties unique to man are sufficient to propel him out of the state of nature. First, whereas animals act upon instinct, man acts upon choice. Mans ability to choose makes him less susceptible to nature than other animals might be. More importantly, Rousseau attributes to man the faculty of self-perfection, the ability to adapt, to change according to his environment. He argues that it is precisely this perfectibility in man that is the source of his downfall from the state of nature. One aspect of mans perfectibility is his development of language. Here Rousseau points out an apparent paradox regarding the origin of language: for if men needed speech in order to learn to think, they had a still greater need for knowing how to think in order to discover the art of speaking (Rousseau, 49). Instead of addressing this issue, however, Rousseau adds upon it another paradox: the voca l articulations of things must be arrived at by unanimous consent but language is needed to voice consent, thus speech appears to have been necessary to establish the use of speech (Rousseau, 50). Whatever the origins were, Rousseau argues that language was necessary in order to develop abstract reasoning and that general ideas can be introduced into the mind only with the aid of words (Rousseau, 50). Rousseau offers the simple example of the tree: without language, man cannot conceive the general idea of a tree, he can only picture a particular tree, with a certain height, color, etc. Abstract or complex ideas, then, only transpire when man gives names to them. Natural disasters such as floods and earthquakes, induced man to associate more and more with each other, and language was further developed. Man made tools and built huts, enabling the concept of the family. Eventually, as man became more social, natural pity was replaced with amour propre: People grew accustomed to gathe r in front of their hutssong and dancebecame the amusement or rather the occupation of idle men and women Each on began to look at the others and to want to be looked at himself, and public esteem had a value (Rousseau 64). With the construction of dwellings, the beginnings of agriculture, which Rousseau argues is only possible with human communication, and the beginnings of interdependence, the notion of property evolved and natural equality disappeared. Part Two of Rousseaus Discourse begins: the first person who, having enclosed a plot of land, took it into his head to say this is mine and found people simple enough to believe him, was the true founder of civil society (Rousseau, 60). Both the physical act of uttering the words this is mine and also the abstract idea of possession are possible only with language. Property and the division of labor made men morally unequal, and the wealthy and powerful, wanting to protect their property, devised specious reasons to lead [the weak ] to their goal (Rousseau, 69) With the pretense of mutual protection, the powerful instituted rules of justice and peace to which all will be obliged to conform which merely enforce the inequality, and such wasthe origin of society and laws, which gave new fetters to the weak and new forces to the rich, irretrievably destroyed natural liberty, established forever the law of property and of inequality, changed adroit usurpation into an irrevocable right, and for the profit of a few ambitious men henceforth subjected the entire human race to labor, servitude and misery (Rousseau, 70). Hobbes and Rousseau both to some degree advance the idea that language constructs reality. For Hobbes, truth itself is an artificial, human construct based only on language. His all-powerful sovereign who decides upon definitions and first principles, acts only to eliminate dissension, and his judgments, though arbitrary, cannot be disputed. This absolute power of the sovereign to decide how people shou ld think and what they should know is comparable to fascism. However, Hobbes believes that fear of the sovereign is much preferable to mutual fear of each other, and that anything is better than the state of nature. For Rousseau, language also has the ability to construct reality. According to him, only with knowledge of words like love, jealousy, and possession can these concepts come into being, and therefore reality as we have it is limited and dependant upon the names and words we have come up with thus far, an idea thats quite hard to grasp or believe. Hobbes and Rousseau both explore the dichotomy of nature and culture, and both identify language as a key element of culture. Their notions of language, however, depend on their conception of the state of nature. For Hobbes, the state of nature is the state of perpetual war and misery, thus language brings about the possibility of accord and contract, critical in establishing the commonwealth. Also critical to Hobbes philosophy i s the role that language plays in the foundation of knowledge. The people in establishing a commonwealth agree to accept the first definitions set forth by the sovereign, and in doing so, the entire basis of knowledge and reasoning is mathematically grounded, leaving no room for dispute. Hobbes thus eliminates civil dissent and ensures peace in his commonwealth. Rousseau believes the state of nature to be preferable to civil society, and that it is language, technology, and social institutions that corrupt man and bring him down from his natural, innocent state into the realm of inequality and injustice. Thus, the evaluation of language by the two philosophers are based upon their judgment of its consequences in relation to the state of nature; for Hobbes language elevates man above the violent state of nature, while for Rousseau language brings man down from the peaceful state of nature.

The Montana Tech Math Bowl - 1438 Words

For my senior project, I choose to do the Montana Tech Math Bowl. With the support of my fellow senior math majors I became the President of the Math Club. Dr. Laurie Battle then became the advisor to math club and my project. The primary goal The primary goal of this project was to examine the math bowl and try to improve upon it. After three years of being a member of the Montana tech math club I was given the opportunity to run it. So, with the resources available to the math club, I attempted to organize and promote another math bowl completions. Through running this event I hoped to gain insight on short coming that the math club faced. One of these was the lack of participation from the math club members. The second main goal that would greatly improve upon the math bowl is a â€Å"reference book†. There were no previous tests, flyers, or records from the earlier math bowls. I had nothing to help me design the math bowl. Therefore, a â€Å"reference book† for the math bowl of fall 2016 will be made containing documents used in the math bowl. Hopefully this can provide a benchmark to help improve future math bowls at Montana tech. summary of methods used, results, and analysis The first step to organizing the math bowl involved organizing the math club. I obtained a list of potential members from faculty members. I also personally visited the freshman math seminar class in attempt to recruit new members. I started with 12 potential members and ended with 5 participatingShow MoreRelated_x000C_Introduction to Statistics and Data Analysis355457 Words   |  1422 Pagesevaluation; in addition to teaching, he is the assessment facilitator for the Cedar Rapids, Iowa, Community Schools. In his spare time he enjoys reading and hiking. He and his wife have a daughter, Anna, who is a graduate student in Civil Engineering at Cal Tech. JAY DEVORE earned his undergraduate degree in Engineering Science from the University of California at Berkeley, spent a year at the University of Shefï ¬ eld in England, and ï ¬ nished his Ph.D. in statistics at Stanford University. He previously taughtRead MoreDeveloping Management Skills404131 Words   |  1617 Pagesreal-life situations. Foster ongoing personal development. 4. Skill practice Exercises Simulations Role plays Assignments (behavioral and written) 5. Skill application 14 INTRODUCTION equipment in the post office. Low-tech offices outperformed high-tech offices when managers were provided with management skill training. In short, its five-year study convinced the U.S. Postal Service that helping employees to develop management skills was the best way to improve organizational effectivenessRead MoreStephen P. Robbins Timothy A. Judge (2011) Organizational Behaviour 15th Edition New Jersey: Prentice Hall393164 Words   |  1573 PagesTom Head, Roosevelt University Douglas Heeter, Ferris State University David Henderson, University of Illinois at Chicago Scott Henley, Oklahoma City University Ted Herbert, Rollins College Susan Herman, University of Alaska Fairbanks James Hess, Ivy Tech Community College Ronald Hester, Marymount University xxxii ACKNOWLEDGMENTS Patricia Hewlin, Georgetown University Chad Higgins, University of Washington Kim Hinrichs, Minnesota State University Mankato Kathie Holland, University of CentralRead MoreManaging Information Technology (7th Edition)239873 Words   |  960 Pagesmanagement team has had opening and operating in the greater Indianapolis marketplace. The overall financial projections in this business plan were derived by applying a specific phased launch schedule and totaling financials for each period by matrix math against the â€Å"each additional market† forecast. The launch schedule for additional markets as used in this business plan was: Phase I - First Segment: †¢ One market in July 2006 †¢ Two markets in October 2006 †¢ Two markets in January 2007 Phase

The Brutality Of The Police Force - 1072 Words

Police Misconduct The brutality of the police force has been a long worldwide problem, but especially between the years of 2012-2016. Black people are being unjustly beaten and shot in plain sight for doing nothing while being unarmed. Journal of African American Studies â€Å"Blacks are viewed as deserving of harsh treatment in the criminal justice system† (482). â€Å"Black males with more â€Å"Afrocentric† features may receive longer sentences than blacks with less Afrocentric features like lighter skin and straighter hair†(482). Nowadays it is important to know about the police force. It’s important to know our rights as citizens and be careful around cops. Not everybody is good, but not everybody is bad also. In The New York Amsterdam News 21 people were killed by Chicago police in 2008. Entire families were being attacked. They believe it’s because of their skin color and how they are different. 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Foundations of Business law

Question: James owns a shop that specialises in new and second hand musical equipment. Several months ago Max came into his shop with an Ibanez guitar for sale. Max said that he had inherited the guitar from his uncle who used to play in a heavy rock band many years ago. He also said that he had no idea of its value. The guitar appeared to be a rare vintage genuine Ibanez Serpent like the one that Ozzie Manson plays in the heavy metal band, Doomsday, and James knew he could easily sell it for up to $20,000. Before buying any second hand musical equipment James would normally have an expert examine the piece to determine its authenticity, however, this time he was sure that the guitar was an original Ibanez Serpent. James offered Max $1500 for the guitar which Max eagerly accepted. James then advertised the guitar in Guitar Hero magazine as follows: Classic Vintage Guitar the original Serpent Ibanez the same one as played by Ozzie Manson in Doomsday price negotiableKim, the proprietor of a local night club, inquired about the guitar. As his club supported the live music industry Kim thought that such a guitar on display in his club would be a welcome attraction for both artists and patrons. Kim offered $10,000 for it which James rejected saying: This guitar is a genuine Serpent Ibanez which I could easily sell for $20,000; however, I am prepared to sell it to you for $15,000 and that includes having it serviced before sale. Kim said that he needed tosort out his finances so could he let James know by the end of the week? James agreed.During the week James took the guitar to All Guitars Services and Repairs to have it serviced in readiness for sale. This was when he discovered that the guitar was not an original Ibanez Serpent, but a clever copy. The manager of All Guitars informed James that about the same time that the Iban ez Serpent was made in Japan a number of imitations were also made in the United States. He also said that only a few of them were made and that it would now be extremely rare to find an original Serpent Ibanez for sale in Australia. Kim returned at the end of the week to buy the guitar for $15,000. James failed to mention that he had recently discovered it was a fake.Kim displayed the guitar on the wall in his club proudly explaining to anyone who inquired that it was an original Ibanez Serpent just like the one that Ozzie Manson plays in Doomsday. The guitar did generate a good deal of interest and Kim had many offers to buy it. One such inquirer was Robbie, the lead guitarist of a band called The Rebellion. Robbie thought that the guitar would provide a good look for the band, so he offered Kim $20,000 for it. Although Kim was sorry to part with it he could not afford knock back such a generous offer. Soon after purchasing the guitar several of the strings broke so Robbie had to take it to All Guitars to have them replaced. The manager of All Guitars told Robbie that he had only recently serviced the guitar, however, was not at all surprised that the strings had broken. He told Robbie that the guitar was not an original Ibanez Serpent, but an imitation, and was therefore of inferior quality. He told Robbie that it was not suitable for heavy duty use and probably only worth around $800.Robbie is now demanding that Kim return his money, however, Kim is refusing because it is not his fault that the guitar is not an authentic Ibanez Serpent as this is what he was told when he bought it from Max. ANSWER ALL OF THE FOLLOWING QUESTIONS 1. Advise Robbie whether he is entitled to get his money back from Kim?2. Advise Kim whether he has any cause of action against James?3. Assuming that James never took the guitar to All Guitars for a service (so that he never found out that it was not an original) would Kim still have any cause of action against James upon discovering that the guitar was not an original Ibanez Serpent? Answer: 1) Even when it is established that the essential elements required for a legally binding contract are present, and at the same time, the terms of the contract can be identified clearly, the agreement may still not be legally enforceable due to the reason that some vitiating factors are present (Curtis v Chemical Cleaning and Dyeing Co, 1951). Therefore when fraud is present or a fundamental mistake has been made regarding the contract by one or both parties to the contract, the contract can be either totally void or it can be voidable at the option of the innocent party. In the present case, both Kim and Robbie were mistaken regarding the identity of the guitar. They both believed it to be an original Ibanez Serpent guitar while in reality it was a clever copy of the original. Due to the reason that the guitar was an imitation and of an inferior quality it was not suitable for heavy-duty use. At the same time, although Robbie had paid $20,000 for the guitar, in reality the guitar wa s only worth $800. But at the same time, it also needs to be noted that Kim was also not aware of the fact that the guitar was an imitation. He too believed the guitar to be an original Ibanez Serpent guitar and as a result he had paid $15,000 to James. However, Kim had made a representation that the guitar was an original Ibanez Serpent while in fact it was only an imitation. As a result, although the contract between Kim and Robbie is not void, still Robbie can claim damages from Kim due to reason that the guitar was only an imitation and not the real one. 2) Pre-contractual statements amounting to terms also constitute representations. Although, sometimes they are not intended to be promissory in nature and as a result, do not constitute the terms of the contract however in case they proved false, the party to whom such false representation has been made, may have remedies under the common law and also under the statute. In this regard, the common law provides that when the opposite party has induced to enter into the contract by a false representation, the party to whom such representation has been made can rescind the contract (Hedley Byrne v Heller, 1964). At the same time, the consumer law also provides a wide range of remedies related with misleading conduct that takes place in trade or commerce. An action for misrepresentation provides a remedy to a party that has entered into the contract by relying on a false statement of fact made by the other party even if the false statement has not been made a part of the contract. In the present case, James had purchased the guitar from Max, believing it to be a rare vintage genuine Ibanez Serpent and accordingly he advertised the guitar for sale as the original. However when he took the guitar for servicing to All Guitars - Service and Repairs, he was told by the manager that it was a clever copy and not an original one. However when Kim came back to purchase the guitar for $15,000, James did not mention that the guitar was not an original Ibanez Serpent and he allowed Kim to purchase the guitar under the belief that it was an original Ibanez Serpent guitar. In this regard, the law provides that when a contract is based on unconscionable misrepresentation, the remedy available to the innocent party is that of the recession of the contract and such a contract is voidable. This means that the contract is valid only until the same has been avoided by the innocent party. An actionable misrepresentation can be described as a false statement of fact that has been made by one party during pre-contractual negotiations and as a result of which the other party is induced to enter into the contract (Derry v Peek,1889). At the same time, according to the general rule remaining silent does not amount to misrepresentation. However, in the present case, James had advertised the guitar as an original Ibanez Serpent it was the duty of James to inform Kim that he had been told by the manager of All Guitars that it is a clever imitation. As a result, in the present case, it can be said that James had made a false representation to Kim and as a result, Kim has a cause of action against James. 3) On the other hand, if James had not taken the guitar for service to All Guitars and as a result, would not have come to know that the guitar was not an original but it was only a clever imitation, Kim could not have the cause of action against James for fraudulent misrepresentation. However in such a case, due to the reason that both the parties would have been under the mistaken belief that the guitar was an original, Kim cannot claim that a fraudulent misrepresentation has been made by James. In such a case, it can be said that James had made a wholly innocent misrepresentation. The reason is that in such a case, James would not be aware of the fact that the guitar was a clever imitation and not the original. Therefore, in such a case, Kim cannot be allowed to rescind the contract however; certain damages may be claimed by Kim. The word innocent can be used to describe a statement that has been made by a person who has reasonable grounds to believe that the statement is true. In the present case, if James would not have taken the guitar for service, he would not have come to know that the guitar was an imitation and therefore as a result, he had reason to believe that the guitar was a genuine Ibanez Serpent. Case law Curtis v Chemical Cleaning and Dyeing Co [1951] 1 KB 805 Derry v Peek (1889) 14 App Cas 337 Hedley Byrne v Heller [1964] A.C