document_title: Landing at Anzac Cove

question_text: where were the anzacs supposed to land at gallipoli

text: Landing at Anzac Cove

text: Background[edit]

text: The Ottoman Turkish Empire entered the First World War on the side of the Central Powers on 31 October 1914.[2] The stalemate of trench warfare on the Western Front convinced the British Imperial War Cabinet that an attack on the Central Powers elsewhere, particularly Turkey, could be the best way of winning the war. From February 1915 this took the form of naval operations aimed at forcing a passage through the Dardanelles, but after several setbacks it was decided that a land campaign was also necessary. To that end, the Mediterranean Expeditionary Force was formed under the command of General Ian Hamilton. Three amphibious landings were planned to secure the Gallipoli Peninsula, which would allow the navy to attack the Turkish capital Constantinople, in the hope that would convince the Turks to ask for an armistice.[3]

text: Intention[edit]

text: Lieutenant-General William Birdwood, commanding the inexperienced Australian and New Zealand Army Corps (ANZAC), comprising the Australian Division and two brigades of the New Zealand and Australian Division, was ordered to conduct an amphibious assault on the western side of the Gallipoli Peninsula.[4][5] The New Zealand and Australian Division normally also had two mounted brigades assigned to it, but these had been left in Egypt, as it was believed there would be no requirement or opportunities to use mounted troops on the peninsula.[6] To bring the division up to strength, Hamilton had tried unsuccessfully to get a brigade of Gurkhas attached to them.[7] In total ANZAC strength was 30,638 men.[8]

text: The location chosen for the operation was between the headland of Gaba Tepe and the Fisherman's Hut, three miles (4.8 km) to the north.[9] Landing at dawn after a naval gunfire bombardment, the first troops were to seize the lower crests and southern spurs of Hill 971. The second wave would pass them to capture the spur of Hill 971, especially Mal Tepe. There they would be positioned to cut the enemy's lines of communications to the Kilid Bahr Plateau, thus preventing the Turks from bringing reinforcements from the north to the Kilid Bahr Plateau during the attack by the British 29th Division which would advance from a separate beachhead further south-west. The capture of Mal Tepe was "more vital and valuable than the capture of the Kilid Bahr Plateau itself."[4][10][11]

text: Birdwood planned to arrive off the peninsula after the moon had set, with the first troops landing at 03:30, an hour before dawn. He declined the offer of an old merchant ship, loaded with troops, being deliberately grounded at Gaba Tepe. Instead, the troops were to travel in naval and merchant ships, transferring to rowing boats towed by small steamboats to make the assault.[12]

text: First ashore would be the Australian Division, commanded by Major-General William Bridges.[13] The 3rd Australian Brigade, known as the covering force,[13] were to capture the third ridge from Battleship Hill south along the Sari Bair mountain range to Gaba Tepe. The 2nd Australian Brigade, landing next, were to capture all the Sari Bar range up to Hill 971 on the left. The 26th Jacob's Mountain Battery[nb 2] from the British Indian Army would land next and then the 1st Australian Brigade, the division's reserve; all were to be ashore by 08:30.[4][15] The New Zealand and Australian Division, commanded by Major-General Alexander Godley, followed them;[16] the 1st New Zealand Brigade then the 4th Australian Brigade. Only after the second division had landed would the advance to Mal Tepe begin.[4] The planners had come to the conclusion that the area was sparsely, if at all, defended, and that they should be able to achieve their objectives with no problems; Turkish opposition had not been considered.[17]

text: Turkish forces[edit]

text: The First World War Ottoman Turkish Army was modelled after the German Imperial Army, with most of its members being conscripted for two years (infantry) or three years (artillery); they then served in the reserve for the next twenty-three years. The pre-war army had 208,000 men in thirty-six divisions, formed into army corps and field armies. On mobilisation each division had three infantry and one artillery regiment[18] for a total of around ten thousand men, or about half the size of the equivalent British formation.[19][20] Unlike the largely inexperienced ANZACs, all the Turkish Army commanders, down to company commander level, were very experienced, being veterans of the Italo-Turkish and Balkan Wars.[21]

text: The British preparations could not be made in secret, and by March 1915, the Turks were aware that a force of fifty thousand British and thirty thousand French troops was gathering at Lemnos.[22] They considered there were only four likely places for them to land: Cape Helles, Gaba Tepe, Bulair, or on the Asiatic (eastern) coast of the Dardanelles.[23]

text: On 24 March, the Turks formed the Fifth Army, a force of over 100,000 men, in two corps of six divisions and a cavalry brigade, commanded by the German general Otto Liman von Sanders.[24] The Fifth Army deployed the III Corps at Gallipoli and the XV Corps on the Asiatic coast. The 5th Division and a cavalry brigade were on the European mainland, positioned to support the III Corps if required.[25] The III Corps had the 9th Division (25th, 26th and 27th Infantry Regiments), the 19th Division (57th, 72nd and 77th Infantry Regiments) and the 7th Division (19th, 20th and 21st Infantry Regiments).[25][26] The 9th Division provided coastal defence from Cape Helles north to Bulair, where the 7th Division took over, while the 19th Division at Maidos was the corps reserve. The area around Gaba Tepe, where the ANZAC landings would take place, was defended by a battalion of the 27th Infantry Regiment.[27]

text: Anzac Cove[edit]

text: On 19 April orders were issued for the ANZACs to stop training, and for all ships and small boats to take on coal and stores, in preparation for a landing originally scheduled to occur on 23 April. Weather conditions delayed their departure from Lemnos until dawn on 24 April.[28] The Royal Navy battleships Queen, Triumph, Prince of Wales, London, and Majestic, the cruiser Bacchante, seven destroyers and four transport ships led the way carrying the 3rd Brigade. They were followed by the rest of the force who were embarked in their own transport ships.[29]

text: First six companies[edit]

text: At 01:00 on 25 April the British ships stopped at sea, and thirty-six rowing boats towed by twelve steamers embarked the first six companies, two each from the 9th, 10th and 11th Battalions.[17] At 02:00 a Turkish sentry reported seeing ships moving at sea, and at 02:30 the report was sent to 9th Division's headquarters.[30] At 02:53 the ships headed towards the peninsula, continuing until 03:30 when the larger ships stopped. With 50 yards (46 m) to go, the rowing boats continued using only their oars.[31][32]

text: Around 04:30[nb 3] Turkish sentries opened fire on the boats, but the first ANZAC troops were already ashore at Beach Z, called Ari Burnu at the time, but later known as Anzac Cove. (It was formally renamed Anzac Cove by the Turkish government in 1985.)[33][34][35][36] They were one mile (1.6 km) further north than intended, and instead of an open beach they were faced with steep cliffs and ridges[11][37] up to around three hundred feet (91 m) in height.[38] However, the mistake had put them ashore at a relatively undefended area; at Gaba Tepe further south where they had planned to land, there was a strong-point, with an artillery battery close by equipped with two 15 cm and two 12 cm guns, and the 5th Company, 27th Infantry Regiment was positioned to counter-attack any landing at that more southern point.[39][40] The hills surrounding the cove where the ANZACs landed made the beach safe from direct fire Turkish artillery.[41] Fifteen minutes after the landing, the Royal Navy began firing at targets in the hills.[42]

text: On their way in, the rowing boats had become mixed up. The 11th Battalion grounded to the north of Ari Burnu point, while the 9th Battalion hit the point or just south of it, together with most of the 10th Battalion. The plan was for them to cross the open ground and assault the first ridge line, but they were faced with a hill that came down almost to the water line, and there was confusion while the officers tried to work out their location, under small arms fire from the 4th Company, 2nd Battalion, 27th Infantry Regiment,[17][43] who had a platoon of between eighty and ninety men at Anzac Cove and a second platoon in the north around the Fisherman's Hut. The third platoon was in a reserve position on the second ridge. They also manned the Gaba Tepe strong-point, equipped with two obsolescent multi-barrelled Nordenfelt machine-guns, and several smaller posts in the south.[44]

text: Men from the 9th and 10th Battalions started up the Ari Burnu slope, grabbing the gorse branches or digging their bayonets into the soil to provide leverage.[45] At the peak they found an abandoned trench, the Turks having withdrawn inland.[46][47] Soon the Australians reached Plugge's Plateau,[48] the edge of which was defended by a trench, but the Turks had withdrawn to the next summit two hundred yards (180 m) inland, from where they fired at the Australians coming onto the plateau. As they arrived, Major Edmund Brockman of the 11th Battalion started sorting out the mess, sending the 9th Battalion's men to the right flank, the 11th Battalion's to the left, and keeping the 10th Battalion in the centre.[48][49]

text: Second six companies[edit]

text: The second six companies landed while it was still dark, the destroyers coming to within five hundred yards (460 m) to disembark the troops, under fire. They also landed at Anzac Cove, but now as planned the 11th were in the north, 10th in the centre and the 9th in the south. The 12th Battalion landed all along the beach. This extended the beachhead 500 yards (460 m) to the north of Ari Burnu, and 1.5 miles (2.4 km) to the south.[50][51] Landing under fire, some of the assaulting troops were killed in their boats, and others as they reached the beach. Once ashore they headed inland.[52] In the south, the first men from the 9th and 12th Battalions reached the bottom of 400 Plateau.[53]

text: In the north, the first men from the 11th and 12th Battalions started up Walker's Ridge, under fire from a nearby Turkish trench. Around the same time Turkish artillery started bombarding the beachhead, destroying at least six boats.[40][53] The Australians fought their way forward and reached Russell's Top;[54] the Turks withdrew through The Nek to Baby 700, 350 yards (320 m) away. Coming under fire again the Australians went to ground, having advanced only around one thousand yards (910 m) inland.[55] Some also dug in at The Nek, a twenty yards (18 m) piece of high ground between Malone's Gully to the north and Monash Valley to the south. Around this time Colonel Ewen Sinclair-Maclagan, commanding the 3rd Brigade, decided to change the corps plan. Concerned about a possible counter-attack from the south, he decided to hold the Second Ridge instead of pushing forward to the Third or Gun Ridge.[56][57] This hesitation suited the Turkish defence plans, which required the forward troops to gain time for the reserves to coordinate a counter-attack.[58]

text: Turkish reaction[edit]

text: At 05:45, Lieutenant-Colonel Mehmet Sefik of the Turkish 27th Infantry Regiment received orders to move his 1st and 3rd Battalions to the west and support the 2nd Battalion around Gaba Tepe.[59] The two battalions were already assembled, having spent that night carrying out military exercises.[58] They could not be sent to Ari Burnu as it was not marked on the Turkish maps.[60] Colonel Halil Sami, commanding the 9th Division, also ordered the division's machine-gun company and an artillery battery to move in support of the 27th Infantry Regiment, followed soon after by an 77 mm artillery battery.[61] At 08:00 Lieutenant-Colonel Mustafa Kemal, commanding the 19th Division, was ordered to send a battalion to support them. Kemal instead decided to go himself with the 57th Infantry Regiment and an artillery battery towards Chunuk Bair,[62] which he realised was the key point in the defence; whoever held those heights would dominate the battlefield.[63] By chance, the 57th Infantry were supposed to have been on an exercise that morning around Hill 971 and had been prepared since 05:30, waiting for orders.[64]

text: At 09:00 Sefik and his two battalions were approaching Kavak Tepe, and made contact with his 2nd Battalion that had conducted a fighting withdrawal, and an hour and a half later the regiment was deployed to stop the ANZACs advancing any further.[65] Around 10:00 Kemal arrived at Scrubby Knoll and steadied some retreating troops, pushing them back into a defensive position. As they arrived, the 57th Infantry Regiment were given their orders and prepared to counter-attack.[66] Scrubby Knoll, known to the Turks as Kemalyeri (Kemal's Place), now became the site of the Turkish headquarters for the remainder of the campaign.[67]

text: Baby 700[edit]

text: Baby 700 is a hill in the Sari Bair range, next to Battleship Hill or Big 700. It was named after its supposed height above sea level, though its actual height is only 590 feet (180 m).[68]

text: Maclagen sent the 11th Battalion, Captain Joseph Lalor's company of the 12th Battalion and Major James Robertson's of the 9th, towards Baby 700. Brockman divided his own company, sending half up the right fork of Rest Gully, and half up the left, while Brockman and a reserve platoon headed up Monash Valley.[69] As they moved forward, Turkish artillery targeted them with air burst shrapnel shells, which dispersed the companies. This, coupled with senior officers diverting men to other areas instead of towards Baby 700, meant only fragments of the units eventually reached Baby 700.[70]

text: Arriving at Baby 700, Captain Eric Tulloch, 11th Battalion, decided to take his remaining sixty men towards Battleship Hill, leaving Lalor's company to dig in and defend The Nek.[71] Tulloch moved around to the right before advancing towards the summit. The 11th Battalion crossed the first rise unopposed, but at the second, Turkish defenders around four hundred yards (370 m) away opened fire on them. Going to ground, the Australians returned fire. When the Turkish fire slackened the remaining fifty men resumed their advance, reaching the now evacuated Turkish position, behind which was a large depression, with Battleship Hill beyond that.[72] Still under fire they moved forward again, then around seven hundred yards (640 m) from the summit The Turks opened fire on them from a trench. The Australians held out for thirty minutes, but increasing Turkish fire and mounting casualties convinced Tulloch to withdraw. No other ANZAC unit would advance as far inland that day.[73][74]

text: At 08:30 Robertson and Lalor decided to take their companies up Baby 700. Instead of going round to the right like Tulloch, they went straight up the centre, crossed over the summit onto the northern slope and went to ground. A spur on their left, leading to Suvla Bay, was defended by a Turkish trench system.[75] At 09:15 Turkish troops started moving down Battleship Hill, and for the next hour they exchanged fire.[76] Where the spur joined Baby 700, a group of Australians from the 9th, 11th, and 12th Battalions crossed Malone's Gully and charged the Turkish trench. A Turkish machine-gun on Baby 700 opened fire on them, forcing them back, followed by a general withdrawal of Australian troops. The Turks had secured Battleship Hill and were now driving the Australians off Baby 700. From his headquarters at the head of Monash Valley, Maclagen could see the Turks attacking, and started sending all available men towards Baby 700.[74][77]

text: Second wave[edit]

text: The 2nd Brigade landed between 05:30 and 07:00, and the reserve 1st Brigade landed between 09:00 and 12:00, already putting the timetable behind schedule.[78] The 2nd Brigade, which was supposed to be heading for Baby 700 on the left, were instead sent to the right to counter a Turkish attack building up there.[79] At 07:20 Bridges and his staff landed; finding no senior officers on the beach to brief them, they set out to locate the 3rd Brigade headquarters.[13][80]

text: The 1st Brigade was on the opposite flank to the 3rd Brigade and already getting involved in battles of its own, when its commander, Colonel Percy Owen, received a request from Maclagen for reinforcements. Owen sent two companies from the 3rd Battalion and one from the 1st Battalion (Swannell's) to support the 3rd Brigade.[58][81]

text: Soon after, Lalor's company had been forced back to The Nek and the Turks were threatening to recapture Russell's Top, and at 10:15 Maclagen reported to Bridges his doubts over being able to hold out.[82] In response Bridges sent part of his reserve, two companies from the 2nd Battalion (Gordon's and Richardson's), to reinforce the 3rd Brigade.[83]

text: At 11:00 Swannell's company arrived at the foot of Baby 700, joining the seventy survivors of Robertson's and Lalor's companies. They immediately charged and chased the Turks back over the summit of Baby 700, then stopped and dug in. The two 2nd Battalion companies arrived alongside them, but all the companies had taken casualties,[84] among the dead being Swannell and Robertson.[85][86]

text: By this time most of the 3rd Brigade men had been killed or wounded, and the line was held by the five depleted companies from the 1st Brigade.[87] On the left, Gordon's company 2nd Battalion, with the 11th and 12th Battalion's survivors, charged five times and captured the summit of Baby 700, but were driven back by Turkish counter-attacks; Gordon was among the casualties.[88][89] For the second time Maclagen requested reinforcements for Baby 700, but the only reserves Bridges had available were two 2nd Battalion companies and the 4th Battalion. It was now 10:45 and the advance companies of the 1st New Zealand Brigade were disembarking, so it was decided they would go to Baby 700.[90]

text: Third wave[edit]

text: The New Zealand Brigade commander had been taken ill, so Birdwood appointed Brigadier-General Harold Walker, a staff officer already ashore, as commander.[91] The Auckland Battalion had landed by 12:00, and were being sent north along the beach to Walker's Ridge on their way to Russell's Top.[92] Seeing that the only way along the ridge was in single file along a goat track, Walker ordered them to take the route over Plugge's Plateau. As each New Zealand unit landed they were directed the same way to Baby 700. However, in trying to avoid Turkish fire, they became split up in Monash Valley and Rest Gully, and it was after midday that two of the Auckland companies reached Baby 700.[93][94]

text: At 12:30 two companies of the Canterbury Battalion landed and were sent to support the Aucklands, who had now been ordered back to Plugge's Plateau, and were forming on the left of the 3rd Brigade. The Canterbury companies moved into the line on the Aucklands' left, waiting for the rest of their brigade to land.[92] However, between 12:30 and 16:00 not one infantry or artillery formation came ashore. The ships carrying the New Zealanders were in the bay, but the steamers and rowing boats were being used to take the large numbers of wounded to the hospital ship. The transports with the 4th Australian Brigade on board were still well out at sea and not due to land until that evening.[95] The landings recommenced around 16:30 when the Wellington Battalion came ashore,[96] followed by the Otago Battalion around 17:00, who were put into the line beside the Aucklanders. Next to land were the two other Canterbury companies, who were sent north to Walker's Ridge to extend the corps left flank.[97] Events ashore now forced a change in the disembarkation schedule, and at 17:50 orders were issued for the 4th Australian Brigade to start landing to boost the defence.[98] It would take until the next day for the complete brigade to come ashore.[99] The transports carrying both divisions' artillery batteries had been forced further out to sea by Turkish artillery fire, and were unable to land.[100]

text: MacLaurin's Hill[edit]

text: MacLaurin's Hill is a 1,000 yard (910m) long section of the Second Ridge that connects Baby 700 to 400 Plateau, with a steep slope on the ANZAC side down to Monash Valley. In the coming days Quinn's, Steel's and Courtney's Posts would be built on the slope. The first ANZAC troops to reach the hill, from the 11th Battalion, found that the Turkish defenders had already withdrawn. As the Australians crested the hill they came under fire from Baby 700, but to their front was a short, shallow slope into Mule Valley.[101] When Major James Denton's company of the 11th Battalion arrived at the hill they started digging in, and soon after received orders from MacLagen to hold the position at all costs.[102] At 10:00 Turkish troops, advancing from Scrubby Knoll, got to within three hundred yards (270 m) of the Australians on the hill, opening fire at them. Altogether there were two and a half companies from the 11th Battalion between Courtney's Post, Steele's Post, and Wire Gully. They had not been there long before the 3rd Battalion arrived to reinforce them.[103]

text: 400 Plateau[edit]

text: The 400 Plateau, named for its height above sea level, was a wide and level plateau on the second ridge line, about six hundred by six hundred yards (550 by 550 m) wide and around one thousand yards (910 m) from Gun Ridge. The northern half of the plateau became known as Johnston's Jolly, and the southern half as Lone Pine, with Owen's Gully between them.[104]

text: 3rd Brigade[edit]

text: If the landings had gone to plan, the 11th Battalion was supposed to be crossing the plateau heading north. The 10th Battalion, south of the plateau, was to capture a Turkish trench and artillery battery behind Gun Ridge. The 9th Battalion, furthest south, was to attack the artillery battery at Gaba Tepe, and the 12th Battalion was the reserve, with 26th Jacob's Mountain Battery to establish their gun line on the plateau.[105] Unknown to the ANZACs, the Turks had an artillery battery sited on 400 Plateau.[50]

text: After landing, some of the 9th and 10th Battalion's men headed for 400 Plateau.[106] The first 10th Battalion platoon to arrive was commanded by Lieutenant Noel Loutit, and accompanied by the Brigade-Major, Charles Brand. They discovered the Turkish battery in the Lone Pine sector, which was preparing to move. As the Australians opened fire the battery withdrew down Owen's Gully. Brand remained on the plateau and ordered Loutit to continue after the Turkish battery.[107] However, the guns had been hidden at the head of the gully and Loutit's platoon moved beyond them. Around the same time, Lieutenant Eric Smith and his 10th Battalion scouts and Lieutenant G. Thomas with his platoon from the 9th Battalion arrived on the plateau, looking for the guns. As they crossed the plateau Turkish machine-guns opened fire on them from the Lone Pine area.[108] One of Thomas's sections located the battery, which had started firing from the gully. They opened fire, charged the gun crews, and captured the guns. The Turks did manage to remove the breech blocks, making the guns inoperable, so the Australians damaged the sights and internal screw mechanisms to put them out of action.[109] By now the majority of the 9th and 10th Battalions, along with brigade commander Maclagen, had arrived on the plateau, and he ordered them to dig in on the plateau instead of advancing to Gun Ridge.[110] Unfortunately the units that had already passed beyond there were obeying their orders to "go as fast as you can, at all costs keep going".[111]

text: Loutit, Lieutenant J. Haig of the 10th, and thirty-two men from the 9th, 10th, and 11th Battalions crossed Legge Valley and climbed a spur of Gun Ridge, just to the south of Scrubby Knoll. As they reached the top, about four hundred yards (370 m) further inland was Gun Ridge, defended by a large number of Turkish troops.[112][113] Loutit and two men carried out a reconnaissance of Scrubby Knoll, from the top of which they could see the Dardanelles, around three miles (4.8 km) to the east.[114] When one of the men was wounded they returned to the rest of their group, which was being engaged by Turkish machine-gun and rifle fire. Around 08:00, Loutit sent a man back for reinforcements; he located Captain J. Ryder of the 9th Battalion, with half a company of men at Lone Pine. Ryder had not received the order to dig in, so he advanced and formed a line on Loutit's right.[115] Soon after, they came under fire from Scrubby Knoll and were in danger of being cut off; Ryder sent a message back for more reinforcements. The messenger located Captain John Peck, the 11th Battalion's adjutant, who collected all the men around him and went forward to reinforce Ryder. It was now 09:30 and the men on the spur, outflanked by the Turks, had started to withdraw. At 10:00 the Turks set up a machine-gun on the spur and opened fire on the withdrawing Australians. Pursued by the Turks, only eleven survivors, including Loutit and Haig, reached Johnston's Jolly and took cover.[116] Further back, two companies of the 9th and the 10th Battalions had started digging a trench line.[117]

text: 2nd Brigade[edit]

text: As part of the second wave, the 2nd Brigade had been landing since 05:30; the 5th, 6th and 8th Battalions were supposed to cross 400 Plateau and head to Hill 971, while the 7th Battalion on the left were to climb Plugge's Plateau then make for Hill 971.[118] One 7th Battalion company, Jackson's, landed beside the Fisherman's Hut in the north and was almost wiped out; only forty men survived the landing.[119] At 06:00 Major Ivie Blezard's 7th Battalion company, and part of another, were sent onto 400 Plateau by Maclagen to strengthen the defence.[120] When the 7th Battalion commander Lieutenant-Colonel Harold Elliott landed he realised events were not going to plan, and he headed to the 3rd Brigade headquarters to find out what was happening. Maclagen ordered him to gather his battalion at the south of the beachhead, as the 2nd Brigade would now form the division's right flank, not left.[80] When the 2nd Brigade commander Colonel James McCay arrived Maclagen convinced him to move his brigade to the south, swapping responsibility with the 3rd Brigade. Eventually agreeing, he established his headquarters on the seaward slope of 400 Plateau (McCay's Hill).[80] Heading onto the plateau, McCay realised the ridge to his right, Bolton's Ridge, would be a key point in their defence. He located the Brigade-Major, Walter Cass, and ordered him to gather what men he could to defend the ridge. Looking around, he saw the 8th Battalion, commanded by Colonel William Bolton, moving forward, so Cass directed them to Bolton's Ridge.[121] As such, it was the only ANZAC battalion that remained together during the day.[122] Eventually, around 07:00, the rest of the brigade started arriving. As each company and battalion appeared they were pushed forward into the front line, but with no defined orders other than to support the 3rd Brigade.[123] At 10:30 the six guns of the 26th Jacobs Mountain Battery arrived, positioning three guns each side of White's Valley. At noon they opened fire on the Turks on Gun Ridge.[124][125]

text: Within two hours half the Australian Division was involved in the battle of 400 Plateau. However, most of the officers had misunderstood their orders. Believing the intention was to occupy Gun Ridge and not hold their present position, they still tried to advance.[126] The 9th and 10th Battalions had started forming a defence line, but there was a gap between them that the 7th Battalion was sent to fill.[127] Seeing the 2nd Brigade coming forward, units of the 3rd Brigade started to advance to Gun Ridge.[128] The advancing Australians did not then know that the counter-attacking Turkish forces had reached the Scrubby Knoll area around 08:00 and were prepared for them.[112] As the Australians reached the Lone Pine section of the plateau, Turkish machine-guns and rifles opened fire, decimating the Australians. To the north other troops, advancing beyond Johnstone's Jolly and Owen's Gully, were caught by the same small arms fire. Soon afterwards a Turkish artillery battery also started firing at them.[129] This was followed by a Turkish counter-attack from Gun Ridge.[130] Such was the situation they now found themselves in that at 15:30 McCay, now giving up all pretence of advancing to Gun Ridge, ordered his brigade to dig in from Owen's Gully to Bolton's Ridge.[131]

text: Pine Ridge[edit]

text: Pine Ridge is part of the 400 Plateau, and stretches, in a curve towards the sea, for around one mile (1.6 km). Beyond Pine Ridge is Legge Valley and Gun Ridge and, like the rest of the terrain, it was covered in a thick gorse scrub, but also had stunted pine trees around eleven feet (3.4 m) tall growing on it.[132]

text: Several groups of men eventually made their way to Pine Ridge. Among the first was Lieutenant Eric Plant's platoon from the 9th Battalion. Captain John Whitham's company of the 12th Battalion moved forward from Bolton's Ridge when they saw the 6th Battalion moving up behind them. As the 6th Battalion reached the ridge, the companies carried on towards Gun Ridge, while Lieutenant-Colonel Walter McNicoll established the battalion headquarters below Bolton's Ridge.[132] As the 6th Battalion moved forward they were engaged by Turkish small arms and artillery fire, causing heavy casualties.[133] At 10:00 brigade headquarters received a message from the 6th Battalion asking for reinforcement, and McCay sent half the 5th Battalion to assist. At the same time the 8th Battalion were digging in on Bolton's, except for two companies which moved forward to attack a group of Turks that had come up from the south behind the 6th Battalion.[134] By noon the 8th Battalion was dug in on the ridge; in front of them were scattered remnants of the 5th, 6th, 7th, and 9th Battalions, mostly out of view of each other in the scrub. Shortly after, McCay was informed that if he wanted the 6th Battalion to hold its position, it must be reinforced. So McCay sent his last reserves, a company of the 1st Battalion, and ordered the 8th to leave one company on the ridge and advance on the right of the 6th Battalion.[135] The scattered formations managed to hold their positions for the remainder of the afternoon, then at 17:00 saw large numbers of Turkish troops coming over the southern section of Gun Ridge.[136]

text: Turkish counter-attack[edit]

text: Around 10:00 Kemal and the 1st Battalion, 57th Infantry were the first to arrive in the area between Scrubby Knoll and Chunuk Bair. From the knoll Kemal was able to observe the landings. He ordered the artillery battery to set up on the knoll, and the 1st Battalion to attack Baby 700 and Mortar Ridge from the North-East, while the 2nd Battalion would simultaneously circle around and attack Baby 700 from the West. The 3rd Battalion would for the moment be held in reserve. At 10:30 Kemal informed II Corps he was attacking.[137][138]

text: At 11:30 Sefik told Kemal that the ANZACs had a beachhead of around 2,200 yards (2,000 m), and that he would attack towards Ari Burnu, in conjunction with the 19th Division.[65] Around midday Kemal was appraised that the 9th Division was fully involved with the British landings at Cape Helles, and could not support his attack, so at 12:30 he ordered two battalions of the 77th Infantry Regiment (the third battalion was guarding Suvla Bay) to move forward between the 57th and 27th Infantry Regiments. At the same time he ordered his reserve 72nd Infantry Regiment to move further west.[137] Within the next half-hour the 27th and 57th Infantry Regiments started the counter-attack, supported by three batteries of artillery.[139] At 13:00 Kemal met with his corps commander Esat Pasha and convinced him of the need to react in strength to the ANZAC landings. Esat agreed and released the 72nd and 27th Infantry Regiments to Kemal's command. Kemal deployed the four regiments from north to south; 72nd, 57th, 27th and 77th.[139][140] In total, Turkish strength opposing the landing numbered between ten thousand and twelve thousand men.[141]

text: North[edit]

text: At 15:15 Lalor left the defence of The Nek to a platoon that had arrived as reinforcements, and moved his company to Baby 700. There he joined a group from the 2nd Battalion, commanded by Lieutenant Leslie Morshead. Lalor was killed soon afterwards.[142][143] The left flank of Baby 700 was now held by sixty men, the remnants of several units, commanded by a corporal. They had survived five charges by the Turks between 07:30 and 15:00; after the last charge the Australians were ordered to withdraw through The Nek.[144] There, a company from the Canterbury Battalion had just arrived, with their commanding officer Lieutenant-Colonel Douglas Stewart. By 16:00 the New Zealand companies had formed a defence line on Russell's Top. On Baby 700, there was on the left Morsehead's and Lalor's men, and at the top of Malone's Gulley were the survivors of the 2nd Battalion and some men from the 3rd Brigade. On the right were the men left from the Auckland companies, and a mixed group from the 1st, 2nd, 11th and 12th Battalions. Once Stewart's men were secure, he ordered Morsehead to withdraw. During a Turkish artillery bombardment of The Nek, Stewart was killed. The artillery heralded the start of a Turkish counter-attack; columns of troops appeared over the top of Battleship Hill and on the flanks and attacked the ANZAC lines.[145][146]

text: At 16:30 the three battalions from the 72nd Infantry Regiment arrived and attacked from the north.[139] At the same time the Australians and New Zealanders holding on at Baby 700 broke and ran back to an improvised line, from Walker's Ridge in the north to Pope's Hill in the south.[147] The defence line at The Nek was now defended by nine New Zealanders, under the command of a sergeant; they had three machine-guns but the crews had all been killed or wounded. As the survivors arrived from Baby 700 their numbers rose to around sixty.[148] Bridges in his divisional headquarters starting receiving messages from the front; just after 17:00 Lieutenant-Colonel George Braund on Walker's Ridge advised he was holding his position and "if reinforced could advance". At 17:37 Maclagen reported they were being "heavily attacked", at 18:15 the 3rd Battalion signalled, "3rd Brigade being driven back". At 19:15 from Maclagen again "4th Brigade urgently required". Bridges sent two hundred stragglers, from several different battalions, to reinforce Braund and promised two extra battalions from the New Zealand and Australian Division which was now coming ashore.[149]

text: Dusk was at 19:00 and the Turkish attack had now reached Malone's Gulley and The Nek. The New Zealanders waited until the Turks came close, then opened fire in the darkness, stopping their advance. Seriously outnumbered, they asked for reinforcements. Instead, the supporting troops to their rear were withdrawn and the Turks managed to get behind them. So, taking the machine-guns with them, they withdrew off Russell's Top into Rest Gully. This left the defenders at Walker's Ridge isolated from the rest of the force.[150]

text: South[edit]

text: The Australians on 400 Plateau had for some time been subjected to sniping and artillery fire and could see Turkish troops digging in on Gun Ridge. Around 13:00 a column of Turkish reinforcements from the 27th Infantry Regiment, in at least battalion strength, were observed moving along the ridge-line from the south. The Turks then turned towards 400 Plateau and advanced in extended order. The Turkish counter-attack soon forced the advanced Australian troops to withdraw, and their machine-gun fire caused them heavy casualties.[130] It was not long before the attack had forced a wedge between the Australians on Baby 700 and those on 400 Plateau.[151] The heavy Turkish fire onto Lone Pine forced the survivors to withdraw back to the western slope of 400 Plateau.[152] At 14:25 Turkish artillery and small arms fire was so heavy that the Indian artillerymen were forced to push their guns back off the plateau by hand, and they reformed on the beach.[153]

text: Although in places there was a mixture of different companies and platoons dug in together, the Australians were deployed with the 8th Battalion in the south still centred on Bolton's Ridge. North of them, covering the southern sector of 400 Plateau, were the mixed together 6th and 7th Battalions, both now commanded by Colonel Walter McNicoll of the 6th. North of them was the 5th Battalion, and the 10th Battalion covered the northern sector of 400 Plateau at Johnston's Jolly. But by now they were battalions in name only, having all taken heavy casualties; the commanders had little accurate knowledge of where their men were located.[154]

text: At 15:30 the two battalions of the Turkish 77th Infantry Regiment were in position, and with the 27th Infantry they counter-attacked again.[139] At 15:30 and at 16:45 McCay, now under severe pressure, requested reinforcements. The second time he was informed there was only one uninvolved battalion left, the 4th, and Bridges was keeping them in reserve until more troops from the New Zealand and Australian Division had been landed. McCay then spoke to Bridges direct and informed him the situation was desperate and if not reinforced the Turks would get behind him. At 17:00 Bridges released the 4th Battalion to McCay who sent them to the south forming on the left of the 8th Battalion along Bolton's Ridge. They arrived just in time to help counter Turkish probing attacks, by the 27th Infantry Regiment, from the south.[155]

text: At 17:20 McCay signalled Bridges that large numbers of unwounded men were leaving the battlefield and heading for the beaches. This was followed by Maclagan asking for urgent artillery fire support, onto Gun Ridge, as his left was under a heavy attack and at 18:16 Owen reported the left flank was "rapidly" being forced to retire. At dusk Maclagan made his way to Bridges headquarters and when asked for his opinion replied "It's touch and go. If the Turks come on in mass formation ... I don't think anything can stop them."[156] As it got dark the Turkish artillery ceased firing, and although small arms fire continued on both sides, the effects were limited when firing blind. Darkness also provided the opportunity to start digging more substantial trenches and to resupply the troops with water and ammunition.[157]

text: The last significant action of the day was at 22:00 south of Lone Pine, when the Turks charged towards Bolton's Ridge. By now the 8th Battalion had positioned two machine-guns to cover their front, which caused devastation amongst the attackers, and to their left the 4th Battalion also became involved. When the Turks got to within fifty yards (46 m) the 8th Battalion counter-attacked in a bayonet charge and the Turks withdrew. The ANZAC defence was aided by Royal Navy searchlights providing illumination.[158] Both sides now waited for the next attack, but the day's events had shattered both formations and they were no longer in any condition to conduct offensive operations.[159]

text: Aftermath[edit]

text: By nightfall, around sixteen thousand men had been landed, and the ANZACs had formed a beachhead, although with several undefended sections. It stretched along Bolton's Ridge in the south, across 400 Plateau, to Monash Valley. After a short gap it resumed at Pope's Hill, then at the top of Walker's Ridge.[34][160] It was not a large beachhead; it was under two miles (3.2 km) in length, with a depth around 790 yards (720 m),[161][162] and in places only a few yards separated the two sides.[163] That evening Birdwood had been ashore to check on the situation, and, satisfied, returned to HMS Queen. Around 21:15 he was asked to return to the beachhead.[164] There he met with his senior officers, who asked him to arrange an evacuation.[165] Unwilling to make that decision on his own he signalled Hamilton;

text: Both my divisional generals and brigadiers have represented to me that they fear their men are thoroughly demoralised by shrapnel fire to which they have been subjected all day after exhaustion and gallant work in morning. Numbers have dribbled back from the firing line and cannot be collected in this difficult country. Even New Zealand Brigade which has only recently been engaged lost heavily and is to some extent demoralised. If troops are subjected to shellfire again tomorrow morning there is likely to be a fiasco, as I have no fresh troops with which to replace those in firing line. I know my representation is most serious, but if we are to re-embark it must be at once.[165]

text: Hamilton conferred with his naval commanders, who convinced him an evacuation would be almost impossible, and responded; "dig yourselves right in and stick it out ... dig, dig, dig until you are safe".[166] The survivors had to fight on alone until 28 April when four battalions of the Royal Naval Division were attached to the corps.[167]

text: On the Turkish side, by that night the 2nd Battalion 57th Infantry were on Baby 700, the 3rd Battalion, reduced to only ninety men, were at The Nek, and the 1st Battalion on Mortar Ridge. Just south of them was the 77th Infantry, next was the 27th Infantry opposite 400 Plateau. The last regiment, the 72nd Infantry, were on Battleship Hill.[168][169] As for manpower, the Turks were in a similar situation to the ANZACs. Of the two regiments most heavily involved, the 57th had been destroyed, and the 27th were exhausted with heavy casualties. Large numbers of the 77th had deserted, and the regiment was in no condition to fight. The 72nd was largely intact, but they were a poorly trained force of Arab conscripts. The III Corps, having to deal with both landings, could not assist as they had no reserves available.[140][170] It was not until 27 April that the 33rd and 64th Infantry Regiments arrived to reinforce the Turkish forces.[171] The ANZACs, however, had been unable to achieve their obectives, and therefore dug in. Gallipoli, like the Western Front, turned into a war of attrition.[172] The German commander, Liman von Saunders, was clear about the reasons for the outcome. He wrote that, "on the Turkish side the situation was saved by the immediate and independent action of the 19th Division."[171] The division commander, Kemal, became noted as "the most imaginative, most successful officer to fight on either side" during the campaign.[173] As a commander he was able to get the most out of his troops, typified by his order to the 57th Infantry Regiment; "Men, I am not ordering you to attack. I am ordering you to die. In the time that it takes us to die, other forces and commanders can come and take our place."[174]

text: In the following days there were several failed attacks and counter-attacks by both sides. The Turks were the first to try during the Second attack on Anzac Cove on 27 April, followed by the ANZACs who tried to advance overnight 1/2 May.[175] The Turkish Third attack on Anzac Cove on 19 May was the worst defeat of them all, with around ten thousand casualties,[176] including three thousand dead.[177][nb 4] The next four months consisted of only local or diversionary attacks, until 6 August when the ANZACs, in connection with the Landing at Suvla Bay, attacked Chunuk Bair with only limited success.[175] The Turks never succeeded in driving the Australians and New Zealanders back into the sea. Similarly, the ANZACs never broke out of their beachhead. Instead, in December 1915, after eight months of fighting, they evacuated the peninsula.[179]

text: Casualties[edit]

text: The full extent of casualties on that first day are not known. Birdwood, who did not come ashore until late in the day, estimated between three and four hundred dead on the beaches.[180] The New Zealand Ministry for Culture and Heritage claims one in five of the three thousand New Zealanders involved became a casualty.[181] The Australian War Memorial has 860 Australian dead between 25–30 April,[182] and the Australian Government estimates 2,000 wounded left Anzac Cove on 25 April, but more wounded were still waiting on the battlefields to be evacuated.[183] The Commonwealth War Graves Commission documents that 754 Australian and 147 New Zealand soldiers died on 25 April 1915.[184] A higher than normal proportion of the ANZAC casualties were from the officer ranks. One theory was that they kept exposing themselves to fire, trying to find out where they were or to locate their troops.[185] Four men were taken prisoner by the Turks.[186]

text: It is estimated that the Turkish 27th and 57th Infantry Regiments lost around 2,000 men, or fifty per cent of their combined strength.[141] The full number of Turkish casualties for the day has not been recorded. During the campaign, 8,708 Australians and 2,721 New Zealanders were killed. The exact number of Turkish dead is not known but has been estimated around 87,000.[187]

text: Anzac Day[edit]

text: The anniversary of the landings, 25 April, has since 1916 been recognised in Australia and New Zealand as Anzac Day, now one of their most important national occasions. It does not celebrate a military victory, but instead commemorates all the Australians and New Zealanders "who served and died in all wars, conflicts, and peacekeeping operations" and "the contribution and suffering of all those who have served."[188][189] Around the country, dawn services are held at war memorials to commemorate those involved. In Australia, at 10:15, another service is held at the Australian War Memorial, which the prime minister and governor general normally attend.[190][191] The first official dawn services were held in Australia in 1927 and in New Zealand in 1939.[192] Lower-key services are also held in the United Kingdom and Ireland. In Turkey, large groups of Australians and New Zealanders have begun to gather at Anzac Cove, where in 2005 an estimated 20,000 people attended the service to commemorate the landings.[187][193][194] Attendance figures rose to 38,000 in 2012 and 50,000 in 2013.[195]


document_title: Contractual term

question_text: when can a statement be made a term of contract

root

text: Contractual term

text: Classification of term[edit]

text: Condition or Warranty[edit]

text: Conditions are terms that go to the very root of a contract. Breach of a condition will entitle the innocent party to terminate the contract.[2] A warranty[3] is less imperative than a condition, so the contract will survive a breach. Breach of either a condition or a warranty will give rise to damages.

tag: p

text: It is an objective matter of fact whether a term goes to the root of a contract. By way of illustration, an actress's obligation to perform the opening night of a theatrical production is a condition,[4] whereas a singer's obligation to perform during the first three days of rehearsal is a warranty.[5]

text: Statute may also declare a term or nature of term to be a condition or warranty. For example, the Sale of Goods Act 1979 (UK) s15A[6] provides that terms as to title, description, quality, and sample (as described in the Act) are conditions save in certain defined circumstances.

text: Innominate term[edit]

text: Lord Diplock, in Hong Kong Fir Shipping Co Ltd v Kawasaki Kisen Kaisha Ltd,[7] created the concept of an innominate term, breach of which may or may not go to the root of the contract depending upon the nature of the breach. Breach of these terms, as with all terms, will give rise to damages. Whether or not it repudiates the contract depends upon whether legal benefit of the contract has been removed from the innocent party. Megaw LJ, in 1970, preferred the use of the classic categorizing into condition or warranty due to legal certainty.[8] This was interpreted by the House of Lords as merely restricting its application in Reardon Smith Line Ltd. v Hansen-Tangen.[9]

text: Enforceability[edit]

text: In general, parties can only sue for enforcement of valid contractual terms as opposed to representations or mere puffs.

text: Statements[edit]

text: Only certain statements create contractual obligations. Statements can be split into the following types:

text:
Puff (sales talk): If no reasonable person hearing this statement would take it seriously, it is a puff, and no action in contract is available if the statement proves to be wrong. It may also be referred to as "puffery". This is common in television commercials.
Representation: A representation is a statement of fact which does not amount to a term of the contract but it is one that the maker of the statement does not guarantee the truth of. This gives rise to no contractual obligation but may amount to a tort, for example misrepresentation.
Term: A term is similar to a representation, but the truth of the statement is guaranteed by the person who made the statement therefore giving rise to a contractual obligation. For the purposes of Breach of Contract, a term may further be categorized as a condition, warranty or innominate term.

tag: ul

text: Determination of nature of a statement[edit]

text: There are various factors that a court may take into account in determining the nature of a statement. These include:

text:
Timing: If the contract was concluded soon after the statement was made, this is a strong indication that the statement induced the person to enter into the contract. Lapse of a week within the negotiations of a car sale was held to amount only to a representation in Routledge v McKay[10]
Content of statement: It is necessary to consider what was said in the given context, which has nothing to do with the importance of a statement.
Knowledge and expertise: In Oscar Chess Ltd v Williams,[11] a person selling a car to a second-hand car dealer stated that it was a 1948 Morris, when in fact it was a 1939 model car. It was held that the statement did not become a term because a reasonable person in the position of the car dealer would not have thought that an inexperienced person would have guaranteed the truth of the statement.
Reduction into Writing: Where the contract is consolidated into writing, previous spoken terms, omitted from the consolidation, will probably be relegated to representations.[10] The old case of Birch v Paramount Estates Ltd[12] provided that a very important spoken term may persist even if omitted from the written consolidation; this case concerned the quality of a residential house.

text: The parol evidence rule limits what things can be taken into account when trying to interpret a contract. This rule has practically ceased operation under UK law,[citation needed] but remains functional in Australian Law.[13]

text: Implied terms[edit]

text: A term may either be expressed or implied. An express term is stated by the parties during negotiation or written in a contractual document. Implied terms are not stated but nevertheless form a provision of the contract.

text: Terms implied in fact[edit]

text: The Privy Council established a five-stage test in BP Refinery (Westernport) Pty Ltd v Shire of Hastings.[14] However, the English Court of Appeal sounded a note of caution with regard to the BP case in Philips Electronique Grand Public SA v British Sky Broadcasting Ltd in which the Master of the Rolls described the test as "almost misleading" in its simplicity.[15]

text:
Reasonableness and equitableness: The implied term must be reasonable and equitable. In Biotechnology Australia Pty Ltd v Pace,[16] it was held a term that imposes a significant detriment or burden on the other party is unlikely to be equitable.
Business efficacy: The implied term must be necessary for the business efficacy of the contract. For instance, if the term simply causes the contract to operate better, that does not fit this criterion. This is the principle laid out in The Moorcock.[17] The presiding judge created a quaint concept of an officious bystander; if the officious bystander were to propose a term and both the parties would be likely to reply with a testy "oh, of course", the term is implied.
Obviousness: The term is so obvious that it goes without saying. Furthermore, there must be one and only one thing that would be implied by the parties. For example, in Codelfa Construction Pty Ltd v State Rail Authority of NSW,[18] a term regarding the inability of construction company to work three shifts a day could not be implied because it was unclear what form it would have taken. In English law, this principle was established in the case of Spring v NASDS,[19] in the context of a trade union membership contract.
Clear expression: The term must be capable of clear expression. No specific technical knowledge should be required.
Consistency: The implied term may not contradict an express term.

tag: ol

text: The High Court of Australia has ruled that the test in BP applies only to formal contracts. In the case of an informal contract, where the parties have not attempted to stipulate the full terms, the courts should imply a term upon referring to the imputed intention of the parties, provided that the particular term is necessary for the effective operation of the contract.[20][21] In implying terms in an informal contract, the High Court has suggested that a flexible approach is required.[20][21] In a case where it is apparent that the parties have not attempted to spell out the full terms of their contract, the court should imply a term by reference to the imputed intentions of the parties if, but only if, it can be seen that the implication of the particular term is necessary for the reasonable or effective operation of a contract of that nature in the circumstances of the case.[20] Obviousness also remains an important element in implying a term in an informal contract.[22]

text: Terms implied in law[edit]

text: These are terms that have been implied into standardized relationships.

text: Common law[edit]

text:
Liverpool City Council v Irwin[23] established a term to be implied into all contracts between tenant and landlord that the landlord is obliged to keep the common areas in a reasonable state of repair.
Wong Mee Wan v Kwan Kin Travel Services Ltd[24] established that when a tour operator contracts to provide services, a term is implied that those services will be performed with reasonable duty and care.

text: Statutory[edit]

text: The rules by which many contracts are governed are provided in specialized statutes that deal with particular subjects. Most countries, for example, have statutes which deal directly with sale of goods, lease transactions, and trade practices. For example, each American state except Louisiana has adopted Article 2 of the Uniform Commercial Code, which regulates contracts for the sale of goods.[25] The most important legislation implying terms under United Kingdom law are the Sale of Goods Act 1979, the Consumer Protection (Distance Selling) Regulations 2000 and the Supply of Goods and Services Act 1982 which imply terms into all contracts whereby goods are sold or services provided.

text: Terms implied by custom or trade[edit]

text: One is generally bound by the custom of the industry that one is in. To imply a term due to custom or trade, one must prove the existence of the custom, which must be notorious, certain, legal and reasonable.[26][27]

text: Course of dealing[edit]

text: If two parties have regularly conducted business on certain terms, the terms may be assumed to be same for each contract made, if not expressly agreed to the contrary. The parties must have dealt on numerous occasions and been aware of the term purported to be implied. In Hollier v Rambler Motors Ltd[28] four occasions over five years was held to be sufficient. In British Crane Hire Corp Ltd v Ipswich Plant Hire Ltd[29] written terms were held to have been implied into an oral contract in which there was no mention of written terms.

text: Good faith[edit]

text: It is common for lengthy negotiations to be written into a heads of agreement document that includes a clause to the effect that the rest of the agreement is to be negotiated. Although these cases may appear to fall into the category of agreement to agree, Australian courts will imply an obligation to negotiate in good faith provided that certain conditions are satisfied:[30]

text:
Negotiations were well-advanced and the large proportion of terms have been worked out; and
There exists some mechanism to resolve disputes if the negotiations broke down.

text: The test of whether one has acted in good faith is a subjective one; the cases suggest honesty, and possibly also reasonableness. There is no such implied term under UK common law: an attempt was made by Lord Denning in a series of case during the 1970s and 1980s but they are no longer considered 'good law'.[citation needed] European legislation imposes this duty, but only in certain circumstances.[citation needed]

text: The Unfair Terms in Consumer Contracts Regulations 1999[31] reg 8 renders ineffective any 'unfair' contractual term if made between a seller or supplier and a consumer.[32] Regulation 5 of the statutory instrument further elaborates upon the concept of 'unfair', which is rather novel to English law. 'Unfair' is a term that was not individually negotiated (i.e. standard form) that "causes a significant imbalance in the parties' rights and obligations arising under the contract to the detriment of the consumer".[33] This is not possible if the term is not contrary to 'good faith'; such as in Director General of Fair Trading v First National Bank,[34] wherein the lack of a seemingly unfair interest term would leave the bank open to a very poor deal whereby no interest could be charged.[clarification needed]

text: "Subject to" contracts[edit]

text: Four Categories[edit]

text: If a contract specifies "subject to contract", it may fall into one of three categories as identified in Masters v Cameron:[35]

text:
The parties are immediately bound to the bargain, but they intend to restate the deal in a more formalized contract that will not have a different effect; or
The parties have completely agreed to the terms, but have made the execution of some terms in the contract conditional on the creation of a formal contract; or
It is merely an agreement to agree lacking the requisite intention to create legal relations, and the deal will only be binding unless and until the formalized contract has been drawn up.

text: Subsequent authorities have been willing to recognize a fourth category in addition to those stated in Masters v Cameron.[36]

text: The parties intend to immediately bound by the terms agreed upon and expect to create a further contract as a replacement for the initial contract which will contain additional terms (if agreed upon).

text: Contingent Condition[edit]

text: If a contract specifies "subject to finance", it may impose certain obligations on the purchaser:[37]

text: If the contract is silent on the level of effort required by the finance seeker (usually purchaser) to obtain finance, the finance seeker may come under an implied duty to cooperate. Furthermore, whether the finance seeker may validly claim non-fulfillment of a contingent condition, despite being genuinely satisfied with finance he or she obtained before the expiration of the contingent condition, was not decided in Meehan v Jones.[37]

text: "Subject to finance" provisions may be also referred to as contingent conditions, which come under two categories: condition precedent and condition subsequent. Conditions precedent are conditions that have to be complied with before performance of a contract is required by both parties With conditions subsequent, parties do not need to perform the contract if a condition is not yet (such as official certification to practice in a particular course of business). The non-fulfillment of a contingent condition means that the parties are not required to perform their side of the respective bargain.


document_title: Pineapple

question_text: where do most of the world's pineapples come from

question_tokens: where do most of the world 's pineapples come from

text: Pineapple

text: Etymology

text: The word "pineapple" in English was first recorded to describe the reproductive organs of conifer trees (now termed pine cones). When European explorers encountered this tropical fruit in the Americas, they called them "pineapples" (first referenced in 1664, for resemblance to pine cones).[9][10]

text: In the scientific binomial Ananas comosus, ananas, the original name of the fruit, comes from the Tupi word nanas, meaning "excellent fruit",[11] as recorded by André Thevet in 1555, and comosus, "tufted", refers to the stem of the fruit. Other members of the genus Ananas are often called pine, as well, in other languages. In Spanish, pineapples are called piña ("pine cone"), or ananá (ananás) (for example, the piña colada drink).[citation needed]

text: Botany

text: The pineapple is a herbaceous perennial, which grows to 1.0 to 1.5 m (3.3 to 4.9 ft) tall, although sometimes it can be taller. In appearance, the plant has a short, stocky stem with tough, waxy leaves. When creating its fruit, it usually produces up to 200 flowers, although some large-fruited cultivars can exceed this. Once it flowers, the individual fruits of the flowers join together to create what is commonly referred to as a pineapple. After the first fruit is produced, side shoots (called 'suckers' by commercial growers) are produced in the leaf axils of the main stem. These may be removed for propagation, or left to produce additional fruits on the original plant.[5] Commercially, suckers that appear around the base are cultivated. It has 30 or more long, narrow, fleshy, trough-shaped leaves with sharp spines along the margins that are 30 to 100 cm (1.0 to 3.3 ft) long, surrounding a thick stem. In the first year of growth, the axis lengthens and thickens, bearing numerous leaves in close spirals. After 12 to 20 months, the stem grows into a spike-like inflorescence up to 15 cm (6 in) long with over 100 spirally arranged, trimerous flowers, each subtended by a bract. Flower colors vary, depending on variety, from lavender, through light purple to red.[citation needed]

text: The ovaries develop into berries, which coalesce into a large, compact, multiple fruit. The fruit of a pineapple is arranged in two interlocking helices, eight in one direction, 13 in the other, each being a Fibonacci number.[12]

text: The pineapple carries out CAM photosynthesis,[13] fixing carbon dioxide at night and storing it as the acid malate, then releasing it during the day aiding photosynthesis.

text: Pollination

text: In the wild, pineapples are pollinated primarily by hummingbirds.[2][14] Certain wild pineapples are foraged and pollinated at night by bats.[15]

text: Under cultivation, because seed development diminishes fruit quality, pollination is performed by hand, and seeds are retained only for breeding.[2] Specifically in Hawaii, where pineapples were cultivated and canned industrially throughout the 20th century,[16] importation of hummingbirds was prohibited.[17]

text: Culinary uses

text:
Pineapple, raw

Nutritional value per 100 g (3.5 oz)

Energy
209 kJ (50 kcal)

Carbohydrates

13.12 g

Sugars
9.85 g

Dietary fiber
1.4 g

Fat

0.12 g

Protein

0.54 g

Vitamins
Quantity
%DV†

Thiamine (B1)

7%
0.079 mg

Riboflavin (B2)

3%
0.032 mg

Niacin (B3)

3%
0.5 mg

Pantothenic acid (B5)

4%
0.213 mg

Vitamin B6

9%
0.112 mg

Folate (B9)

5%
18 μg

Choline

1%
5.5 mg

Vitamin C

58%
47.8 mg

Minerals
Quantity
%DV†

Calcium

1%
13 mg

Iron

2%
0.29 mg

Magnesium

3%
12 mg

Manganese

44%
0.927 mg

Phosphorus

1%
8 mg

Potassium

2%
109 mg

Sodium

0%
1 mg

Zinc

1%
0.12 mg

Other constituents
Quantity

Water
86.00 g

Link to USDA Database entry

Units
μg = micrograms • mg = milligrams
IU = International units

†Percentages are roughly approximated using US recommendations for adults.

tag: table

text: The flesh and juice of the pineapple are used in cuisines around the world. In many tropical countries, pineapple is prepared and sold on roadsides as a snack. It is sold whole or in halves with a stick inserted. Whole, cored slices with a cherry in the middle are a common garnish on hams in the West. Chunks of pineapple are used in desserts such as fruit salad, as well as in some savory dishes, including pizza toppings, or as a grilled ring on a hamburger. Crushed pineapple is used in yogurt, jam, sweets, and ice cream. The juice of the pineapple is served as a beverage, and it is also the main ingredient in cocktails such as the piña colada and in the drink tepache.

text: Nutrition

text: In a 100-gram reference amount, raw pineapple is a rich source of manganese (44% Daily Value, DV) and vitamin C (58% DV), but otherwise contains no essential nutrients in significant quantities (table).[18]

text: Bromelain

text: Present in all parts of the pineapple plant,[19] bromelain is a mixture of proteolytic enzymes. Bromelain is under preliminary research for a variety of clinical disorders, but to date has not been adequately defined for its effects in the human body.[20] Bromelain may be unsafe for some users, such as in pregnancy, allergies, or anticoagulation therapy.[20]

text: If having sufficient bromelain content, raw pineapple juice may be useful as a meat marinade and tenderizer.[21] Although pineapple enzymes can interfere with the preparation of some foods or manufactured products, such as gelatin-based desserts or gel capsules,[22] their proteolytic activity responsible for such properties may be degraded during cooking and canning. The quantity of bromelain in a typical serving of pineapple fruit is probably not significant, but specific extraction can yield sufficient quantities for domestic and industrial processing.[21][23]

text: The bromelain content of raw pineapple is responsible for the sore mouth feeling often experienced when eating it, due to the enzymes breaking down the proteins of sensitive tissues in the mouth. Also, raphides, needle-shaped crystals of calcium oxalate that occur in pineapple fruits and leaves, likely cause microabrasions, contributing to mouth discomfort.[24][25][26]

text: History

text: The plant is indigenous to South America and is said to originate from the area between southern Brazil and Paraguay;[2] however, little is known about the origin of the domesticated pineapple (Pickersgill, 1976). MS Bertoni (1919)[27] considered the Paraná–Paraguay River drainages to be the place of origin of A. comosus.[28] The natives of southern Brazil and Paraguay spread the pineapple throughout South America, and it eventually reached the Caribbean, Central America, and Mexico, where it was cultivated by the Mayas and the Aztecs. Columbus encountered the pineapple in 1493 on the leeward island of Guadeloupe. He called it piña de Indes, meaning "pine of the Indians", and brought it back with him to Spain, thus making the pineapple the first bromeliad to be introduced by humans outside of the New World.[29] The Spanish introduced it into the Philippines, Hawaii (introduced in the early 19th century, first commercial plantation 1886), Zimbabwe, and Guam. The fruit is said to have been first introduced in Hawaii when a Spanish ship brought it there in the 1500s.[30] The Portuguese took the fruit from Brazil and introduced it into India by 1550.[31]

text: The pineapple was brought to northern Europe by the Dutch from their colony in Surinam. The first pineapple to be successfully cultivated in Europe, is said to have been grown by Pieter de la Court at Meerburg in 1658.[32] In England, a huge "pineapple stove" needed to grow the plants had been built at the Chelsea Physic Garden in 1723.[33] In France, King Louis XV was presented with a pineapple that had been grown at Versailles in 1733. Catherine the Great ate pineapples grown on her own estates before her death in 1796.[34] Because of the expense of direct import and the enormous cost in equipment and labour required to grow them in a temperate climate, using hothouses called "pineries", pineapples soon became a symbol of wealth. They were initially used mainly for display at dinner parties, rather than being eaten, and were used again and again until they began to rot.[35] By the second half of the 18th century, the production of the fruit on British estates had become the subject of great rivalry between wealthy aristocrats.[35] John Murray, 4th Earl of Dunmore built a hothouse on his estate surmounted by a huge stone cupola 14 metres tall in the shape of the fruit; it is known as the Dunmore Pineapple.[36]

text: John Kidwell is credited with the introduction of the pineapple industry to Hawaii; large-scale pineapple cultivation by US companies began in the early 1900s. Among the most famous and influential pineapple industrialists was James Dole, who moved to Hawaii in 1899[37] and started a pineapple plantation in 1900.[38] The companies Dole and Del Monte began growing pineapples on the island of Oahu in 1901 and 1917, respectively. Dole's pineapple company began with the acquisition of 60 acres (24 ha) of land in 1901, and grew into a major company, the Dole Food Company. Maui Pineapple Company began pineapple cultivation on the island of Maui in 1909.[39]

text: In the US, in 1986, the Pineapple Research Institute was dissolved and its assets divided between Del Monte and Maui Land and Pineapple. Del Monte took cultivar '73–114', dubbed 'MD-2', to its plantations in Costa Rica, found it to be well-suited to growing there, and launched it publicly in 1996 as 'Gold Extra Sweet', while Del Monte also began marketing '73–50', dubbed 'CO-2', as 'Del Monte Gold'.[40]

text: Dole ceased its cannery operations in Honolulu in 1991, and in 2008, Del Monte terminated its pineapple-growing operations in Hawaii.[41] In 2009, the Maui Pineapple Company reduced its operations to supply pineapples only locally on Maui,[42] and by 2013, only the Dole Plantation on Oahu grew pineapples in a volume of about 0.1 percent of the world's production.[41]

text: Production

text:
Pineapple production – 2016

Country
(millions of tonnes)

 Costa Rica

2.9

 Brazil

2.7

 Philippines

2.6

 Thailand

1.9

 India

1.9

 Indonesia

1.3

World

25.8

Source: FAOSTAT of the United Nations[8]

text: In 2016, world production of pineapples was 25.8 million tonnes, led by Costa Rica, Brazil, and the Philippines, which collectively accounted for 32% of the global total (table).[8]

text: Cultivation

text: In commercial farming, flowering can be induced artificially, and the early harvesting of the main fruit can encourage the development of a second crop of smaller fruits. Once removed during cleaning, the top of the pineapple can be planted in soil and a new plant will grow. Slips and suckers are planted commercially.[2]

text: Pineapples can be consumed fresh, cooked, juiced, or preserved. They are found in a wide array of cuisines. In addition to consumption, the pineapple leaves are used to produce the textile fiber piña in the Philippines, commonly used as the material for the men's barong Tagalog and women's baro't saya formal wear in the country. The fiber is also used as a component for wallpaper and other furnishings.[43]

text: Ethical and environmental concerns

text: Three-quarters of the pineapples sold in Europe are grown in Costa Rica, where pineapple production is highly industrialised. Growers typically use 20 kg (44 lb) of pesticides per hectare in each growing cycle,[44] a process that may affect soil quality and biodiversity. The pesticides—organophosphates, organochlorines, and hormone disruptors—have the potential to affect workers' health and can contaminate local drinking water supplies.[44] Many of these chemicals have potential to be carcinogens, and may be related to birth defects.[44]

text: Because of commercial pressures, many pineapple workers—60% of whom are Nicaraguan—in Costa Rica are paid low wages.[quantify] European supermarkets' price-reduction policies have lowered growers' incomes.[44] One major pineapple producer contests these claims.[45]

text: Cultivars

text: Many cultivars are known.[2] The leaves of the commonly grown "smooth cayenne" are smooth,[46] and it is the most commonly grown worldwide. Many cultivars have become distributed from its origins in Paraguay and the southern part of Brazil, and later improved stocks were introduced into the Americas, the Azores, Africa, India, Malaysia and Australia.[2] Varieties include:[citation needed]

text:
"Hilo" is a compact, 1.0- to 1.5-kg (2– to 3-lb) Hawaiian variant of smooth cayenne; the fruit is more cylindrical and produces many suckers, but no slips.
"Kona sugarloaf", at 2.5 to 3.0 kg (5–6 lb), has white flesh with no woodiness in the center, is cylindrical in shape, and has a high sugar content but no acid; it has an unusually sweet fruit.
"Natal queen", at 1.0 to 1.5 kg (2 to 3 lb), has golden yellow flesh, crisp texture, and delicate mild flavor; well-adapted to fresh consumption, it keeps well after ripening. It has spiny leaves, and is grown in Australia, Malaysia, and South Africa.
"Pernambuco" ("eleuthera") weighs 1–2 kg (2–4 lb), and has pale yellow to white flesh. It is sweet, melting in texture, and excellent for eating fresh; it is poorly adapted for shipping, has spiny leaves, and is grown in Latin America.
"Red Spanish", at 1–2 kg (2–4 lb), has pale yellow flesh with a pleasant aroma, is squarish in shape, and well-adapted for shipping as fresh fruit to distant markets; it has spiny leaves and is grown in Latin America.
"Smooth cayenne", a 2.5- to 3.0-kg (5- to 6-lb), pale yellow– to yellow-fleshed, cylindrical fruit with high sugar and acid content, is well-adapted to canning and processing; its leaves are without spines. It is an ancient cultivar developed by Amerind peoples.[40] In some parts of Asia, this cultivar is known as Sarawak, after an area of Malaysia in which it is grown.[47] It is one of the ancestors of cultivars "73-50" (also called "MD-1" and "CO-2") and "73–114" (also called "MD-2").[40] Smooth cayenne was previously the variety produced in Hawaii, and the most easily obtainable in U.S. grocery stores, but was replaced over the course of the mid-1990s and 2000s by MD-2.[40]
Some Ananas species are grown as ornamentals for color, novel fruit size, and other aesthetic qualities.

text:
Abacaxi

Tropical Gold

Victoria

Pineapple plant in Bangladesh

text: Phytochemistry

text: Pineapple fruits and peels contain diverse phytochemicals, among which are polyphenols, including gallic acid, syringic acid, vanillin, ferulic acid, sinapic acid, coumaric acid, chlorogenic acid, epicatechin, and arbutin.[48][49]

text: Pests and diseases

text: Pineapples are subject to a variety of diseases, the most serious of which is wilt disease vectored by mealybugs[50] typically found on the surface of pineapples, but possibly in the closed blossom cups.[2] Other diseases include pink disease, bacterial heart rot, anthracnose,[50] fungal heart rot, root rot, black rot, butt rot, fruitlet core rot, and yellow spot virus.[51] Pink disease is characterized by the fruit developing a brownish to black discoloration when heated during the canning process. The causal agents of pink disease are the bacteria Acetobacter aceti, Gluconobacter oxydans, and Pantoea citrea.[52]

text: Some pests that commonly affect pineapple plants are scales, thrips, mites, mealybugs, ants, and symphylids.[51]

text: Heart-rot is the most serious disease affecting pineapple plants. The disease is caused by Phytophthora cinnamoni and P. parasitica, fungi that often affect pineapples grown in wet conditions. Since it is difficult to treat, it is advisable to guard against infection by planting resistant cultivars where these are available; all suckers that are required for propagation should be dipped in a fungicide, since the fungus enters through the wounds.[53]

text: Storage and transport

text: Some buyers prefer green fruit, others ripened or off-green. A plant growth regulator, Ethephon, is typically sprayed onto the fruit one week before harvest, developing ethylene, which turns the fruit golden yellow. After cleaning and slicing, a pineapple is typically canned in sugar syrup with added preservative.[2]

text: A pineapple never becomes any riper than it was when harvested.[54] A fully ripe pineapple can bruise and rot quickly.[citation needed]

text: The fruit itself is quite perishable[2] and if it is stored at room temperature, it should be used within two days; however, if it is refrigerated, the time span extends to 5–7 days.

text: Symbolism and cultural history

text: Mimi Sheller writes: "The pineapple entered European iconography as a symbol of welcome and hospitality, and also eventually found its way into botanical gardens such as the Chelsea Physic Garden, where it was grown in heated pits."[55] The sweet fruit had a "mysterious aura" in the Age of Sail because except for a "small elite with access to glass hothouses", tropical fruits could only be tasted where they were cultivated.[55] Christopher Cumo writes that "The Spanish who followed Columbus delighted in eating pineapple and in writing about it for a European public eager to learn of the flora and fauna of the Americas ... The pineapple was first a luxury because transit from the tropics to Europe was expensive in the age of sail. In this respect, pineapple was much like sugar, a commodity of privilege before it became an item of the masses."[56] Cumo writes that "pineapple was the fruit of colonialism" because the Portuguese, French, Dutch, and British all sought to establish pineapple plantations in the tropics of South America, Central America, and the Caribbean.[56]

text: In architecture, pineapple figures are a decorative element symbolizing hospitality.[57][58][59] Usually in plaster or carved wood,[59] pineapples images occur in finials,[57][59] pendants,[59] "broken" pediments,[58] and door knockers.[60]

text: Gallery

text:
Play media

A pineapple being prepared by a roadside vendor in Hainan, China

A pineapple

Pineapple detail

Pineapple leaf detail