Institute Cargo Clauses Essay Example for Free

Institute Cargo Clauses Essay Yatch Insurance entails providing coverage for losses incurred on pleasure craft and also includes liability coverage. Cargo Insurance has a broader scope, which I intend to weigh into more, as far as insurance coverage is concerned. It is a contract under written on the Institute Cargo Clauses offering coverage on an A, B or C basis. Whereas on the on hand A offers a wide cover, C on the other offers a relatively circumscribed one. Institute Cargo Clause A stipulates that the insurer will, upon the incurrence of the loss insured against, cover for all the damage to the subject matter insured. It is however important to note that all damage in this particular case is used to refer only to accidental loss and not that which would eventuate from intentional acts or that are inevitable. Some of the losses that would be excluded from the coverage of this cargo clause include: The above mentioned exclusions are substituted by two other clauses: The War and Strikes Exclusion Clause and The Unseaworthiness and Unfitness Exclusion Clause. Given the nature of structure of the Institute Cargo Clauses B and C, it is important, in the interest of an exhaustive analysis, to look into the content of C before that of B. This is attributable to the fact that to a large extent the content of clause B subsumes that of C and has additional provisions. Institute Cargo Clauses C cover damage to the insured that is attributable to: The insurance also provides coverage for damage or loss to the insured caused by jettison. This covers scenarios where, for instance, a ship caught in a tempestuous sea has to throw into the water certain cargo in the interest of keeping it afloat and protect the remaining. (Donald, OMay. Julian, H. 2003) The B clauses provide coverage for all that is available in the C clauses but stretches farther to include coverage for loss or damage to the subject matter insured that may come about as a consequence of volcanicity, lightening or earthquakes and other tectonic disturbances. It also covers loss caused by †¢ Total loss of any package lost overboard or while loading onto or unloading out of the vessel. †¢ Washing overboard. †¢ Entry of sea, lake or river water into the vessel or storage place. The clauses entailed in B provide for enormous additional coverage that include, among many others, river or sea water and accidents in loading and unloading. It is discernible, however, that there is a vaccum left as far as coverage for theft, delivery failure and shortages are concerned. The contract that would be most ideal for the ship operator in question is the Cargo Insurance, clauses C. These clauses offer a provision that distinctly caters for loss or damage incurred by the subject matter insured due to collision or destructive contact with other vessels while on voyage. The greatest concern being the damage it may cause to other ships and third party property, the ship owner would have to bear in the mind the work framework of the contract as influenced by the Hulls and Machinery( HM) and the Protection and Indemnity Clubs( PI) stipulations. (Donaldson, E. 2000), Marine insurance can be divided into two broad categories: Vessel and Cargo. The insurance of vessels is known as Hull and Machinery (HM). Cover is provided either on voyage or time basis such that under the time basis, a vessel or cargo is covered for a given duration whereas under the voyage basis, the vessel or cargo is covered for voyage between ports set out in the insurance policy. Protection and Indemnity Clubs came into existence much later as compared to the Hull and Machinery. Up until the 19th century, a marine policy covered only seventy-five percent (75%) of the insured’s liability towards the third party. In this respect typical liabilities arose a lot often from â€Å"running down† which refers to collision with another ship in transit, â€Å"allision† which refers to collision with a fixed object and wreck removal. In the 19th century ship owners came together forming mutual under writing clubs and hence the inception of the Protection and Indemnity Clubs (PI). Their strategic intent in that inception was to insure the remaining twenty-five percent (25%) that up until that moment was yet to be catered for by the insurers. The clubs work on the basis of registering ship owners as members who remit a premium which goes towards accumulating a fund with which reinsurance is subsequently purchased. With this in mind it would be a word of sound advice to the ship owner in question to register membership, if he/she is yet to, with a credible Protection and Indemnity Club so as to ensure one hundred percent (100%) coverage of liability to third parties should the hazard occur. (Donaldson, E. 2000), Membership to these clubs, whichever place in the world, is highly advisable as their coverage comes handy in aiding to offset liability that occurred without the ship owners notice. A good case in point is the case, Thatcher vs. Schell, 2005 BCSC 1121. It involved the accident between a 19’ motorboat and a 26’ sailboat operating under power at dusk on Okanagan Lake. Both vessels were destroyed and the occupants sustained injuries. The owner of the motorboat argued that the failure of the sailboat to have appropriate running lights and in its failure to turn to starboard before the collision as stipulated by the regulations. On the other hand the owner of the sailboat argued that the collision was a consequence of the motorboat’s over speeding and failure to maintain a proper view of its environs. It emerged to be undeniable that the driver of the motorboat had not seen the sailboat until immediately before the accident and failed to take the necessary steps to prevent it. All evidence having been reviewed, it was found as a fact that the lighting of the sailboat had not been proper as required and that had caused the collision. In a case such as this one where many would have easily found themselves heaping blame on the owner of the motorboat the scales of justice found the reverse to be the case. In such scenarios as in many others the coverage of Protection and Indemnity Clubs play a very significant role in the complementing of the seventy-five percent coverage provided by the Institute Cargo Clauses C. (Rose,F. 2004) The case, De Merchant Estate vs. Price, 2001 NBQB 98, [2001] N. B. J No. 328 will perhaps bring to the fore what many would think to be an impossibility. The case involved collision between a sailboat under power and a small runboat in a narrow channel. The core of the case was the question of liability and apportionment. The ruling judge found both parties at fault, a matter that posed very awkward an implication. Whereas the operator of the sailboat was faulted for not having the proper lights, failing to operate on the required side of the channel and failing to take evasive action, the owner of the runboat was at fault for operating his vessel under the influence of alcoholic liquor. In a case where either of the two parties would have hoped to leave unscathed by the rod of justice hence evade the charge of liability, both fell victim of it. In both cases mentioned above, the necessity of insurance coverage that caters for liability to third persons on sea cannot be underplayed. Losses can be of unanticipated magnitude and hence very costly to the liable party. Of equal significance is the role played by the Protection and Indemnity Clubs (PI). It is an inception that has relievingly bailed out many from the twenty-five percent cost of liability which would be, in many cases, quite laden. The ship owner in question, seeking insurance cover for liabilities it may incur for the damage that it may cause to ship and other third party property, would best be advised to opt for cargo insurance clauses C and to further it by being part of a Protection and Indemnity club. (Brown, R. H. 2004).

Free Great Gatsby Essays: Deception :: Great Gatsby Essays

There are many American novels that yield insights into human nature, but few are as honest or intriguing as Fitzgerald's The Great Gatsby. The Great Gatsby is brilliantly composed, and involves many different personalities, but it is at the core of this novel that we find the dark secret of humanity: deception. All of the inhabitants of East and West Egg use one another to get what they want, with little care as to how it will affect the people around them. Through the eyes of Nick Carraway, we see how the wealthy live: they live in a luxurious society surrounded by their own lies and deception. Looking in from the outside, their lives seem perfect; they have everything that money can buy, right? Wrong, the one thing that their money cannot buy them is happiness, and this is why each character deceives someone. Our story unravels early on in The Great Gatsby, Nick's very wealthy cousin, Daisy, simply has it all: she is beautiful and graceful; her bank account is large; she's traveled and knows people no matter where she goes. Her husband, Tom Buchanan, is without a doubt very lucky to be with her; but there's a ripple in this perfect couple: he's cheating on her. Not only is Tom cheating on her, but he's cheating on her with someone of a far lesser class; which makes the reader question why he's with her in the first place. Daisy had a very good reputation among the elite; she had never done anything that would have embarrassed her. "They moved with a fast crowd, all of them young and rich and wild, but she came out with an absolutely perfect reputation" (82). This illustrates how well put together Daisy is, he has used her, and continues to use her not only for her wealth, but also for her firm social standing. She could, literally, make or break Tom depending merely on whether or not she stayed with him; of course he'd remain with her, she defined his social standing. At the same time that Tom was using Daisy for her money, Daisy was using Tom, but for far different reasons. Nick reveals that Daisy doesn't need Tom in the same way that he needs her, she needs Tom to remain emotionally stable. As the story of Daisy and Gatsby's history unfolded, it became clear that they, at one point, loved each other very deeply, however, Gatsby had to leave Daisy to go to war.

Importance of Dignity in a Lesson Before Dying

Grant and Jefferson are on a journey. Though they have vastly different educational backgrounds, their commonality of being black men who have lost hope brings them together in the search for the meaning of their lives. In the 1940†³s small Cajun town of Bayonne, Louisiana, blacks may have legally been emancipated, but they were still enslaved by the antebellum myth of the place of black people in society. Customs established during the years of slavery negated the laws meant to give black people equal rights and the chains of tradition prevailed leaving both Grant and Jefferson trapped in mental slavery in their communities. The struggles of Grant and Jefferson share a common theme, man†s search for meaning. Grant has the advantage of a college education, and while that may have provided some enlightenment, he remains in the same crossroads as Jefferson. Grant sees that regardless of what he does, the black students he teaches continue in the same jobs, the same poverty and same slave-like positions as their ancestors. Grant has no hope of making a difference and sees his life as meaningless. Though Jefferson†s conflict is more primal, it is the same as Grant†s struggle. Jefferson is searching for the most basic identity, whether he is man or animal. It is this conflict of meaning and identity that bring Grant and Jefferson together. In this book, Ernest J. Gaines presents three views to determine manhood: law, education and religion. Jefferson has been convicted of a crime, and though he did not commit it, he is sentenced to death as a â€Å"hog† a word that denies any sense of worth or fragment of dignity he may have possessed in a world ruled by oppressive white bigots. Jefferson is at an even greater loss as he has no education and after the conviction he doubts that God can even exist in a world that would send an innocent man to his death. It is clear that Jefferson does not believe he has any value. † ‘I†m an old hog. Just an old hog they fattening up to kill for Christmas† † (83). Though Grant may have had some advantages compared with Jefferson, his position in life was not significantly better than Jefferson†s. Grant knows that if he had been the black man sitting in the courtroom, he too would have been convicted. In his powerful opening to the novel, Grant says, â€Å"I was not there yet I was there. No, I did not go to the trial, I did not hear the verdict, because I knew all the time what it would be† (1). Even his college education has not elevated his position in the eyes of the white society. When he was talking with white people, he was expected to act stupid and hide his education and assume the subservient role of a black. As in Grant†s visit to Mr. Guidry the first time. † ‘She doesn†t, huh?† Sam Guidry asked me. He emphasized doesn†t. I was supposed to have said don†t. I was being too smart† (48). Of law, education and religion, one had to empower Jefferson and Grant. The law was clearly outside their realm of influence. However, education opened the door for Jefferson and Grant to share dialogue and to explore who they were and how they could be empowered. It was religion, their search for a greater meaning and a higher power, which allowed them to begin to think not of what white men thought of them, but rather what God and what they thought of themselves. With this new way of thinking, they forged a bond and both began to understand the simple heroic act of resistance in defying the expectation of white society that they were members of a lesser race † ‘Do you know what a myth is, Jefferson?† I asked him. ‘A myth is an old lie that people believe in. White people believe that they are better than anyone else on earth-and that†s a myth. The last thing they ever want is to see a black man stand, and think and show that common humanity that is in us all. It would destroy their myth† † (192). Grant encouraged Jefferson to live beyond the stereotype white society had imposed on him. In doing that Grant began to see himself differently. He began to believe if this uneducated black man could become a hero to the black community then certainly he could return to Bayonne and help children believe in themselves. He gradually began to think that he also could escape the myth and help his students escape it with him. He could use Jefferson as a hero to encourage them. † I need you, I told him. I need you much more than you could ever need me. I need to know what to do with my life. I want to run away, but go where and do what? I†m no hero: I can just give something small, that†s all I have to offer. It is the only way we can chip away at the myth. You-you can be bigger than anyone you have ever met † (193). This new way of thinking which discounted the centuries old myth enabled Jefferson to believe that he was not a hog, that he indeed was a man, a man who would walk with dignity to his execution. Though this may seem as a minor triumph to many, to Jefferson it meant that the angry and demeaning words of the judge had no meaning. His ability to die with dignity not only gave him peace, but it made white men pause and show respect for the man labeled the hog. At the end the white, deputy, Paul says, † â€Å"I don†t know what you†re going to say when you go back in there. But tell them he was the bravest man in that room today. I†m a witness, Grant Wiggins. Tell them so.† ‘Maybe one day you will come back and tell them so.† ‘It would be an honor† † (256). This white man wanted to make the statement so it would be powerful and would be believed by the black children sitting inside the small schoolhouse. That a white man would say it would make it true in the eyes of the children. However difficult facing death may have been, it was also empowering to Jefferson. Jefferson believed that if he could walk with dignity to his death, he would not only make his grandmother proud, but that he would also be as a strong man by the black members of his community. His last quote before dying was † ‘ â€Å"Tell Nannan I walked.† ‘And straight he walked† † (254). The last words in Jefferson†s diary share his message of courage and dignity. â€Å"good by mr wigin tell them im strong tell them im a man† (234). Jefferson died with dignity and Grant returned to Bayonne believing he could make a difference. It is not clear that religion, a belief in God, made the difference for either of them. It is clear that as they struggled with the issue of a higher power, they did discover that the meaning of their lives was not attached to the white man†s beliefs and myths, but rather came from inside themselves. To the end, they both struggled with whether or not there was a God. As they end their journey together, Jefferson is at peace and becomes a hero in his community. Though Grant cannot be a hero, he does find his place and returns to the schoolhouse with new hope and a vision for making a difference, if not for himself, for his students. He doubts himself at times, but he gains determination for his students. â€Å"Yet they must believe. They must believe, if only to free the mind, if not the body. Only when the mind is free has the body a chance to be free. Yes, they must believe. They must believe. Because I know what it means to be a slave. I am a slave† (Gaines 251)

The Role Of Initiation And Ligand Interaction Of Resting...

2.2.3 Role of VLA-4 in Costimulation Integrin receptor/ligand interactions provide a potent costimulatory signal to CD3-mediated T cell activation (Davis et al., 1990; Nguyen et al., 2008). Specifically, the VLA-4 mediated interaction of resting human CD4+ T lymphocytes with FN has been shown to promote CD3-mediated T cell proliferation (Shimizu et al., 1990). Coimmobilization with mAb to CD3 and FN consistently resulted in strong T cell proliferation. Other investigators showed that immobilized FN enhances anti-CD3 induced proliferation of both CD45RAdim (memory) and CD45RAHI (naà ¯ve) subsets of CD4+ and CD8+ T cells, and that this effect was inhibited with a mAb against the ÃŽ ²1 subunit of VLA-4. Additionally, Nojima et al. showed that the A and B epitopes of VLA-4 play a key role in VLA-4 mediated T cell costimulation (Nojima et al., 1990). 2.3 Role of ÃŽ ±4-integrin in CNS immunocompetence 2.3.3 ÃŽ ±4-integrin Antagonism in EAE As previously described, leukocytes activated in the periphery are able to adhere to the endothelium of blood vessel walls in order to traffic into the CNS, where re-activation by antigen presentation from perivascular APC leads to inflammation. In 1992, Yednock et al., which would later develop a successful therapy for RRMS patients, made a revolutionary finding. They reported that lymphocytes and monocytes bound selectively to inflamed EAE brain vessels and that this could be reversed with antibodies against VLA-4 (Yednock et al., 1992). When tested inShow MoreRelatedInnate Immunity : An Early Phase Of Defence Mechanism Against Intruding Microorganisms5373 Words   |  22 Pagesprovides an early phase of defence mechanism against intruding microorganisms, mediated by phagocytes such as macrophages and dendritic cells (DCs), having the ability to distinguish between self and non-self (pathogens). The innate immune system recognises microorganisms by germ-line encoded pattern recogn ition receptors (PRRs), expressed on all types of cells. The metabolic products generated by microbial pathogens rather than the host allow the immune system to differentiate between the self and