IT for Investor Relation Essay Example | Topics and Well Written Essays - 750 words

IT for Investor Relation - Essay Example In the main, high technological utilization is recommended for the company. Founded in 1963 with its headquarters in Philadelphia, Pennsylvania, Comcast Corporation is a media and technology company that in diversity, in the entertainment industry. It functions under Cable Networks, Filmed Entertainment, Cable Communication, Theme Parks and Broadcast Television divisions. Under the brand name XFINITY, the Cable Communication division provides business and residential customers with high-speed internet, on-line advertising, cellular backhaul, voice and video services. Under the names Illumination, Focus Features and Universal pictures, the Filmed Entertainment division engages in the acquisition, production, marketing and distribution of animated and live-action filmed entertainment. The division of Cable networks runs cable networks that provide news, sports, information and entertainment, both regional and international. The Theme Parks division runs island adventures, a dining retail, entertainment complex, studios and theme parks. Finally, the broadcast division controls Telemundo and NBC broadcast networks (Sander, Peter & Scott 143). All the divisions own digital media properties. By 2013, it employed 13,600 full-time employees. By revenue, Comcast is the largest cable and broadcasting corporation. It ranks third in telephone service provision to the people of the United States. . By 2009, the value of the company’s stocks had doubled from $8.19 to $15, with a revenue growth of six folds, $6 billion in 1999 to $36 billion in 2009. In the same period, the company experienced a tripling of return on capital. Its main competitors are Twenty-First Century Fox, The Walt Disney Corporation, CBS Corporation and Time Warner Cable (TWC). However, there is a yet to be approved takeover deal that Comcast signed with TWC in February 2014 (James & Flint, â€Å"Comcast strikes deal†). Competitors have opposed the move,

God Hates Divorce Essay Example for Free

God Hates Divorce Essay When Adam was alone The LORD God said, It is not good for the man to be alone. I will make a helper suitable for him .Gen.2:18. Under marriage covenant man and woman come together to serve a divine purpose and a role. Man can serve this purpose and role only if they are united and married. The moment they get divorced the unity is destroyed and they fail to serve the divine purpose and role that God wants them to fulfill while they are married and united. God gave a command to the first couple in the Garden of Eden to be fruitful. This command of God only a couple can carry out and the moment they get divorced they fail to carry out this divine command and we have to keep in mind that this command was given to men before their fall and even after the fall men are bound to keep this command. This shows us how important is this command and why God hates divorce so much. The failure to keep the first command affected the whole human race for generation after generations, the failure to keep this second command will also affect the human race generation after generations and even it will cause the mankind to stop be in existence. This is another reason why God hates divorce so much. When men get divorced they forget their first love. Marriage is a love relationship. When man is angry he cannot make a right decision. An angry head cannot evaluate the relationship that was made by a loving heart. Anger makes a man blind and leads him to the bottomless pit and that is divorce. Divorce is the worst hell in this world, the moment anyone falls into it he will be separated from his spouse, children, friends and families and from God. This is the darkest pit that will show no mercy and kindness to its victims. Life will be meaningless and worthless. You will be a creature without hope and future. A lonely man cannot succeed in anything; he is fruitless and useless to God and to society. All the sweet memories turn into bitterness. Then it becomes easier for that person to get into more and more sins as there is no one to show him his fault and give account to for all the wrong doings. Divorce affects our relationship with God, our relationship with one another, our relationship with the children and our relationship with the society. God cannot use a divorce person to reflect His glory and to show His image to His people. That person turns into an instrument of devil. There are so many reasons for all wise and all knowing God to hate divorce. God with His infinite wisdom can see the infinite danger that lies in divorce. Man cannot see the infinite danger that lies in divorce that is why man can take this decision of divorce without much thinking and considerations. God in His infinite wisdom and knowledge gives us the person that will be best suitable for us. We take it granted that suitable means comfortable. Something could be very suitable for us but at the same time it could be very painful and uncomfortable. The spouse you have is always suitable for you because God gave you this spouse. God took this responsibility from the very beginning to give us suitable spouse. The spouse we have is the best teacher for us given by God in our life to teach us something that no one can teach and to make us useful for God and for man. It takes a lot of pain, patience, humility and suffering to learn through our spouses to be more like Jesus Christ and God. Every time my wife gets angry with me or sins against me I ask God what lesson do you have to teach me today. Every time I can see that God has something to teach me through her anger. She does the same thing but I learn so many different lessons, at the beginning I get hurt then I rejoice when I can see what God has to teach me today through her anger. Then I feel very sorry for her because she took so much pain and suffering to teach me a lesson that nobody could teach me. Then I began to thank and praise God for her. We need to see what God wants us to see and to understand what God wants us to understand. God in His sovereignty allows us to go through all the bitter and painful experiences to make us more like Jesus and to draw us nearer to Him and to teach us how God feels when we sin against Him. We need to learn how to bow down to the sovereignty of God and to stop bow down to sin or to give in to sin. God hates the sin of divorce because He does not like separation or division. Divorce is the worst ingratitude towards Gods greatest gift and blessing in our life. The moment we stop giving thanks and praises to God for our spouses we are on the way to be ingratitude for the gift that God by His mercy and kindness gave us. Our Lord Jesus suffered and died on the cross and chose to be separated from God to keep us united with one another and with God. Our Lord Jesus chose to suffer and die to keep us united and one. So we must choose to suffer and die to remain united, one and married for the sake of our God and Lord Jesus Christ.

Twain’s Huckleberry Finn and Kerouac’s On the Road †The River and the

Twain’s Huckleberry Finn and Kerouac’s On the Road – The River and the Road One element that separates a good novel from a great novel is its enduring effects on society. A great novel transcends time; it changes and mirrors the consciousness of a civilization. One such novel is Mark Twain’s Adventures of Huckleberry Finn. For the past one hundred and fifteen years, it has remained in print and has been one of the most widely studied texts in high schools and colleges. According to Lionel Trilling, its success is due to Twain’s â€Å"voice of unpretentious truth† (92) embodied in the young narrator Huck Finn who reveals the hypocrisy and moral deprivation of society through his innocent observations. It is a picaresque novel, or novel of the road, where the river acts as the road that carries the characters on continuous adventures. Seventy years after the publication of Huckleberry Finn, Jack Kerouac began to write his picaresque novel entitled On the Road. Like Twain’s Huck Finn, Sal Paradise is Kerouac’s naà ¯ve narrator who captures the essence of life in his depictions of experiences on the road. Both characters are social commentators regarding the conditions of their surroundings; they are public barometers who measure the state of societal values. Even though Adventures of Huckleberry Finn is heralded as one of the greatest American novels, Jack Kerouac’s On the Road embraces a loftier, more mature, religious ideal of life that transcends Twain’s social commentary and will one day place it permanently in the anthologies of American literature. The similarities between Huckleberry Finn and On the Road are numerous and worth consideration because they depict the hand in hand progression (one following the other in ... ...76. Hunt, Tim. Kerouac’s Crooked Road: Development of Fiction. Hamden: Archon Books, 1981. Kerouac, Jack. On the Road. New York Penguin, 1957. ---------, Jack. Selected Letters: Jack Kerouac 1957-1969. Ed. Ann Charters. New York: Viking P, 1999. Nicosia, Gerald. Memory Babe: A Critical Biography of Jack Kerouac. Berkeley: U of California P, 1983. Swartz, Omar. The View from On the Road. Carbondale: Southern Illinois UP: 1999. Trilling, Lionel. â€Å"A Certain Formal Aptness.† Adventures of Huckleberry Finn: A Case Study in Critical Controversy. Eds. Gerald Graff and James Phelan. Boston: Bedford, 1995. 284-85. Twain, Mark. Adventures of Huckleberry Finn: A Case Study in Critical Controversy. Eds. Gerald Graff and James Phelan. Boston: Bedford, 1995. Weinreich, Regina. The Spontaneous Poetics of Jack Kerouac. New York: Paragon House, 1990.

Introduction to Nanotechnology

1. 0INTRODUCTION The objective of this study is to research and discover the development, characterization, and function of nanotechnologies in the globe in the present and future. In this study, we will defined the basis of nanotechnologies in wide spectrum such as the advantages, disadvantages, background, history, future investigation, society, ethic, environment and many more. Furthermore, our group would also like to emphasize on the significant cause and effect of nanotechnologies toward the advancement of human civilization in the recent time and toward the future.In addition, create awareness and wide perspective view toward engaging main issues such as moral ethical in our society. 2. 0BACKGROUND Nanotechnologies have been use in wide field medical, astronomy, environment, industrial and many more. From the way we communicate, to the methods used to diagnose and treat our illnesses, to the speed with which our computers process data, this new technology promises to enhance o ur lives in almost limitless ways. Therefore we would like to discuss some of the main issue and further permeate in the breakthrough of nanotechnology. What is a nanotechnology? In the scale of Nano in the prefix of nomenclature is extremely small, which you cannot see through your naked eyes. Microscope will be needed in order to observe object more clearly. Nanotechnology currently is being used to improve existing products and processes, for an example, by strengthening the material used in golf clubs and bicycle frames, creating stain and water repellant clothing and producing wear-resistant paints and coatings. One developing area in nanotechnology is that of self-assembly, whereby materials will be able to grow themselves.One of my theories that I would like to discuss is about the space innovation. Such innovations will not only increase productivity, but also will create new materials in a process known as â€Å"dynamic self-assembly. † The universe is so big that it blows up our mind to try to image how big it is. Human can somehow find a way to explore the universe by the advancement of nanotechnologies. For an example to shoot a robot to a star then it will eventually manufacturing itself and produce much bigger colonies. After a rapid production in certain stages complete civilization.They will often shoot more of them self to other star and repeating process again and again. In the longer term, however, nanotechnology is likely to result in completely revolutionary toward the society. Promising uses of nano scale particles may include the cleanup of heavily polluted sites, which we will have to consider as well. Nanotechnology is more effective diagnosis and treatment of cancer and other diseases, lighting that is twice as energy efficient as what is currently available, cleaner manufacturing techniques and much smaller and more powerful computers.Research indicates that nanotechnology even may help create an alternative fuel to power our automobiles. In the sum of all our research and study I would appropriately consider nanotechnologies of in fact the greatest tool toward humanity next stages of revolution. †¢What is the history of nanotechnology? The term â€Å"nanotechnology† was coined in 1974 by Norio Taniguchi (1912-1999) at the University of Tokyo. It includes a number of technologies that deal with the miniaturization of existing technology down to the scale of a nanometer (one-billionth of a meter) in size, about the size of molecules and atoms.Potential effects of nanotechnology include microcomputers capable of storing trillion of bytes of information in the size of a sugar cube; portable fluids containing nanobots that are programmed to destroy cancer cells; and airborne nanobots that are programmed to rebuild the thinning ozone layer and many more. Scientist today have claimed that nanotechnology was in fact humanity greatest advantages as well as humanity greatest treat if without appropria te and further observe in its major consequences in life and either we will be consume by our own failure toward the disaster that it can cause to us. Facts about nanotechnologies? As we all know our body consist billion of cell and it is systematically and orderly organized that congregate it specific function. Inside our cell it comprises of billion of atom which consists of major element such as carbon, oxygen and hydrogen that appropriately linked together will itself and form specific function and feature. The advancement of nanotechnologies can systematically combine fuse billion compound, atom and element to distinctively form a new cell which about our concern is against the law of nature and moral ethic.This is due to the fact that we can create a life into the world is forbidden and prohibited in many societies around the world. In some fact I would like to discuss, about the discovery about science. Scientist today has claim that we no longer live in one universe but mill ions of verse which coexist in the ocean of verses and there’s may be have some planetary civilization that we wouldn’t might known.There are many extraordinary and fascinating fact about science including bend through light forming an invisible matter; dimensional world that coexist; in certain fact which claimed that the world we’re living is like a matrix which we are just like a hologram that wouldn’t exist at all and in fact there are mysterious forces keep pulling us for what we believing; small teleport machine which can teleport in atom size particle and maybe a human in few decade to come. There is many potential and credibility toward the advancement of nanotechnologies development.In some fact that I would like to consider is about human enhancement. Nanotechnologies in human enhancement have use to improve human ability such as physical and mental. In some fact that this method have been use in some development country toward the future born g eneration to trigger the potential of human ability which exited beyond try fold. We will further penetrate and discuss more deeply toward this issue in my relevant discussion. Would human enhancement technologies hinder moral development?Many believe that â€Å"soul-making† is impossible without struggle (Hick, 1966), and achievements ring hollow without sacrifice or effort (President’s Council on Bioethics, 2003); so if technology makes life and competitions easier, then we may lose opportunities to feed and grow our moral character. Nanotechnology was in fact use toward some method to enhance human ability. Nowadays humanity can create powerful drug which enhance human performance. We can discover in the sport area which drug have been used such as steroid to increase athletic performance.Beyond the future we might been able to create indeed more powerful drug which provide human massive of strength. Beyond the future, we might be able to prolog our life for 10 year , 100years or maybe 1000 years. As we know that brain is the primary source which control our aging as certain hormone are secreted. The method behind this is nanotechnology is so small that it can flow through our vein and it can be transfer to the human brain to alter our brain chemical processes which control our aging. †¢What is the futurist predict about the future in nanotechnologies?In the future, as technology becomes more integrated with our bodies, we can expect neural implants of the kind we mentioned above that effectively puts computer chips into our brains or allows devices to be plugged directly into our heads, giving us always on access to information as well as unprecedented information processing powers. New and future virtual reality programs are able to much better simulate activities, for instance, to train law enforcement officers and soldiers in dangerous situations so that they can respond better to similar events in the real world.The advancement of nan otechnologies have enhance human beyond it limitation. One of the main concerns causes the earth to be populated. Also in one of the possibilities is the exploitation and abuse toward this technology. People such as a villain, criminal and hacker will approximately use this for the purpose such as to manipulate people. Other than that what I want to discuses is one of the greatest treat toward the society.One of the biggest concerns toward our society is to have greater awareness about this matter or else humanity which living peacefully today can be destroyed by our own creation. 3. 0CONCLUSION As is the case with most emerging areas of risk, nanotechnology challenges us with many unknowns. These challenges are further complicated by the fact that few risk related prediction have been made scientifically confirmed. If they are not currently exploring its potential, they are likely to do so in the very near future.Because insurers play such a critical part in enabling new and benefi cial technologies, it is crucial in development in many sectors such as manufacturers, the government, scientists and regulatory agencies to identify and quantify nanotechnology's risks. Public response to this new technology, as well as the politician, elitist, and scientist response will afford upon how much accurate information is available. Therefore we as a responsible person must unite and aware toward this greatest issue which effect globally, in order to construct better future for generation to come.

It’s raining – Creative Writing

It's raining. It hasn't rained this hard since the day she left me, the day she told me how she'd sold her ring. It took three months wages to buy that ring, three whole months and she just sold it to a complete stranger, told me she didn't love me anymore. She'll be leaving work soon, on her way home. Eleven-thirty, same time she does every night, only tonight is different. Tonight she won't be getting home. This is the last night those men will look at her. He's going to sort that out for me. He'll have to leave soon too; otherwise he'll miss her, but maybe that would be better. This could be the only chance to free me, I can't go on, when every move I make depends on her, I can't let her control my life anymore I need to break free. The world outside is looking even less inviting, full moon. Its overcast the stars are blurred. Well not just the stars, everything is blurred. Something's not right. This old leather armchair, and the bottom of my brandy bottle grows more comfortable still, the rains angry drops are hammering against the window pane, I don't think I can stare out the window any longer, this is eating me from inside, what was I thinking, I have to stop him, before it's too late, before I lose her completely. I'm going to go now, got my coat now I just need to step into the bitter cold New York winter. I haven't even shut the door properly, there isn't time. He'll be leaving now too, his wild scraggly hair will be blowing around in the wind his hands to tired to move it out the way, and I can picture him in my mind, only my vision of him is misty, over the years I have found myself losing touch. Still, he knows what he's doing, he's ready. He'll have no shame; I'll be the one who has to pick up the pieces. She smiles at me when I think of her, she told me she saved that smile for me, liar. I went to surprise her at work, on her birthday last week. Bought her flowers and everything, then I saw it. She smiled at them the same way; she had that twinkle in her eye for every man in that bar. That's when I saw him first, through the window of that place. We looked at each other for just a split second, but that was enough to know. She'd hurt him to. The rains pouring down harder still, even me thick trench coat can't stop it pounding down so hard on me. It's not pounding as much as my heart though, my hearts pounding like thunder, like a trapped animal, there's a storm raging inside me, I cant lose her. My feet are getting heavier after every step I take, I can feel a cold sweat rushing all over my body, my hands are gripped so tightly with fear, I can't run any faster. It's such a busy place, so full of people all the time, so full of life. Still I feel alone, empty without her. My heart beats faster still, I keep seeing him, first in front of me then behind, he's going to hurt her. How can it have come to this, why did she have to leave me, things were so perfect. I can see him properly no, there's no mistaking it he's just across the road. Weaving in and out of the yellow taxis I think I'm getting closer to him. I'm passing so many trees, the more I pass the less I can work out there shape, i'm losing all definition. Everything seems a blur. The smoky exhausts of the double-parked cars have made the air heavy. Yet even with all the traffic I still feel distant, this place that's been home for so long suddenly seems a whole new world to me. This is what I imagine it to be without her, lost forever in a world I'll never be able to clasp, she grounds me, helps me through life, well she is my life. The noise of the city is beginning to fade away as my path leads me away from the busy streets, he's here. I keep seeing him but then he's gone, maybe my mind is playing tricks on me. Between my footsteps and my loss of breath my mind is beginning to wonder, back to the day I first met her, when she wouldn't even notice me whatever I did, I think she changed when she met me, I don't know , but I can imagine. I think something changed in her after I met him too, it was as if she knew I knew about him. My heart shunted when I saw her, I froze for a second, her blonde hair blew gently in the wind, the full moon was shining through the branches of central park, casting eerie shadows on the path she was walking. She held her umbrella with one hand, while attempting to light a cigarette with the other, her black stiletto heels tapped steadily along the bridge. There he is, lying in wait. Now's my chance. She just looked right at him, I can see it in his eyes, she knew him, and she knows what he's going to do. He flicked out the knife that had been gripped in his hand so tightly all this way, he can see me in its reflection, he's smiling. She's dropped her cigarette onto the floor and is running, he's running after her, and I after him. Her heels are sinking into the wet ground, he's catching her, but I'm catching him. As he wrapped his tired hands around her neck I began to struggle with him, I begged him to stop, and so did she. Her body grew heavy with the dread of what was to come. The knife fell to the ground, I had control, I'd beaten him. I released her from my grip, brushed back my scraggly hair, grabbed her hand, tried to feel for a pulse. There wasn't one. Then I looked at her hand, it glistened at me, like her eyes used to, her ring she still had it on. Maybe she did still love me. I cried for her to come back to me, the end came anyway. Then I felt it, the ice-cold air flowing over me, around me and through me, she was dead, he had killed her, I had killed her.

Fundamentals of Contract Law †Question and Answer

Fundamentals of Contract Law – Question and Answer Free Online Research Papers Fundamentals of Contract Law Question and Answer 1. Contract Law is the fundamental business legal subject. Not only is it obviously relevant to sales and purchase contracts but it also underlies employment contracts. The contract law sections explain the basics of what makes up a contract. The first two sections, Agreement and offer, and Acceptance, deal with the formation the making of contracts. Most people think that a contract must be a signed document. Although many business contracts take the form of a signed document, many do not. How many orders for goods and services are made by telephone or fax? When is the contract made? When the order is placed? When the goods arrive? When ordering goods or services on your own standard form contract is the contract made on your terms? What if your supplier accepts your order on their standard form contract? Now on whose terms is the contract made? 2. The certainty of terms? section deals with issues such as what is meant by ordering goods ?n the usual terms? From a regular supplier. What have you agreed with your supplier? Are there regular terms? Are there different terms depending on what the goods are? 3. The sections on Consideration and Variation of contracts are important and related features of English contract law. In most business contracts there is no difficulty in identifying? B>consideration? However, what if you want to vary the terms of the original contract? This you can only do if you enter into a new contract which varies the terms of the original contract. In this case very often ?b>consideration? is missing from the new agreement. If this is the case you will be bound by the original contract. E.g. If you order 400 kettles from a supplier and then discover that you only need 200 can you cancel? 200 kettles? Even if your supplier agrees can he later change his mind and make you take the whole 400? 4. The Privity of contract section is an area of law that has very recently been altered. This area of law deals with the type of situation where you buy a holiday from a travel company for you and your family. If the holiday does wrong? You can sue the travel company but can the members of your family sue the travel company? Another example. Assume that your company (Im assuming that your company is an incorporated company and therefore a legal person in its own right) enters into a contract with another company. Say that under one of the terms of that contract the other company agrees to pay some money to ?our?company and some money direct to you in your own personal capacity. What happens if the other company then refuses to pay you? Can you sue the other company? 5. This section deals with the terms of the contract in general. What do we mean by terms? of the contract? How important are they? Are they all of equal importance? Can you break some terms but not others? Are the penalties for breaking some terms less onerous than others? 6. The sections on Exemption clauses the common law, and the Unfair Contract Terms Act 1977, deal with the terms of the contract that limit or exclude liability for breach of contract. If the other party breaks a term of the contract can he escape liability because the contract contains a term which excludes his liability for that particular breach? 7. If a person sells you a second hand car and tells you that he has owned it from new and it later turns out that its been owned by 10 people what are your remedies? Has that persons statement be made a part of the contract ie was it a term of the contract? If it wasnt a term have you a remedy? 8. Does every breach of contract entitle the innocent party to treat the contract as at an end if he so chooses? What is the effect of penalty clauses? Part two: Agreement and offer Objective: When you have worked through this section you should be able to Appreciate the importance of the concept of agreement. Appreciate the importance of the intention of the parties. Distinguish between an invitation to treat and an offer. Suggested study time 4 hours Preliminary matters: The law of contract is the most important law subject you will ever study. It underpins all commercial law subjects and is even important to subjects such as criminal law. Definition of a Contract A contract is an agreement (usually between two persons) giving rise to obligations on the part of both persons which are enforced or recognised by law. Warning!! Since, for the most part, the law of contract is a common law subject do not take any definition you are given as the only definition. Treat the definitions as working definitions to help you analyse contract cases etc. NB The persons mentioned above are usually referred to as parties to the contract. NB Generally speaking, an agreement is made when one person accepts an offer made by the other. NB The offeror makes an offer to the offeree. Agreement: Time and time again you will be brought back to the fact that the fundamental basis of contract law is the agreement of the contracting parties. The thing that distinguishes the law of contract from other branches of law is that it does not lay down a number of rights and duties which the law will enforce. In other words the law of contract does not lay down a list of things that are legal or illegal, or things that must or must not be included in a contract. The law of contract consists of a number of limiting principles, subject to which the parties may create rights and duties for themselves which the law will uphold. The parties to a contract, in a sense, make the law for themselves: so long as they do not infringe some legal prohibition, they can make what rules they like in respect of the subject-matter of their agreement, and the law will give effect to their decisions. Eg If June says to Fred that he can buy her pen for 200 and he agrees there will be a legally enforceable contract between June and Fred. The fact that Fred may have been foolish in agreeing to buy a pen that is only worth? Is irrelevant the parties to the contract have agreed to the price of 200. Whereas it is generally true that agreement is reached when one person accepts the offer of the other person in other words there is an actual agreement between the two persons this is subject to whats known as the rule in Smith v Hughes. The rules in Smith v.Highes: The law is also concerned with the objective appearance of the agreement, as well as the actual fact, of agreement. Eg If Freda makes an offer to John and John says that he accepts the offer, but secretly he doesnt intend to accept the offer, there is in fact not an agreement. However, to an outside person there would appear to be an agreement. In other words objectively there appears to be an agreement between Freda and John. In such a case the court would say that there was an agreement between Freda and John. Apply the principle in the quote below, sometimes known as The Rule in Smith v Hughes, to the problem weve just looked at in the example above. Smith v Hughes (1871) Blackburn J: ?.. If, whatever a mans real intention may be, he so conducts himself that a reasonable man would believe that he was assenting to the terms proposed by the other party, and that other party upon that belief enters into the contract with him, the man thus conducting himself would be equally bound as if he had intended to agree to the other partys terms? /p> Offer-definition: Definition of an offer An offer is a proposition put by one person to another person made with the intention that it shall become legally binding as soon as the other person accepts it. An offer may be made to an individual, or a group of persons, or to the world at large: see Carlill v Carbolic Smoke Ball Co(1893). The Carbolic Smoke Ball Company published an advertisement which read ‘ £100 reward will be paid by the Carbolic Smoke Ball Company to any person who contracts the influenza after having used the ball three times daily for two weeks according to the printed directions supplied with each ball.’  £1,000 is deposited with the Alliance Bank, showing our sincerity in the matter.’ Mrs Carlill used the smoke ball as directed but still caught the flu. She sued for the  £100. Bowen LJ: It was also said that the contract is made with all the world- that is, with everybody; and that you cannot contract with everybody. It is not a contract made with all the world. There is the fallacy of the argument. It is an offer made to all the world; and why should not an offer be made to all the world which is to ripen into a contract with anybody who comes forward and performs the condition? It is an offer to become liable to any one who, before it is retracted, performs the condition, and, although the offer is made to the world, the contract is made with that limited portion of the public who come forward and perform the condition on the faith of the advertisement. Offer or Invitation to treat: It can be very difficult to distinguish between an offer and an invitation to treat. Basically it depends primarily on the intention with which a statement is made. Definition of an invitation to treat An invitation to treat is said to be a statement made by one person asking the other to make the first person an offer. An invitation to treat is sometimes described as an offer to make an offer. This is not a very helpful way of describing an invitation to treat. If a proposition is made by one person with the intention that if the other party accepts that proposition there will then be a contract between them, then that proposition is an offer. If a proposition is made by one person with the intention that if the other party accepts that proposition there will not be a contract between them at that stage, then that proposition is an invitation to treat. Examples of invitation to treat: In the examples of invitations to treat that follow, consider carefully what proposition or factual situation made the court decide that it was an invitation to treat and not an offer. Carefully identify the particular elements of the facts of the cases that persuaded the courts that what was intended by one of the parties was an invitation to treat and not an offer. Goods on display in supermarket Pharmaceutical Society of Great Britain v Boots Cash Chemists Ltd (1953) Certain brand name medicines were displayed for sale in a self service store. The issue arose as to when and where the sale of the medicines took place. Was it when a customer put the medicines in her shopping basket or was it when she presented the goods to the cashier? The reason this was an important issue was because the Pharmacy and Poisons Act 1933 s.18(1) provided that it was unlawful to sell such medicines unless the sale is effected by, or under the supervision of, a registered pharmacist.? If the sale took place when the customer put the medicines in her shopping basket the sale would not take place under the supervision of, a registered pharmacist?because no pharmacist was present at that time. If, on the other hand, the sale took place when the customer presented the goods to the cashier the sale would take place under the supervision of, a registered pharmacist?because a pharmacist was present at the checkout desk. Q When did the sale take place?(b) The sale took place when the customer put the medicines in her shopping basket. The sale took place when the customer presented the goods to the cashier Goods on display in window shop: Fisher v Bell (1960) A shopkeeper was convicted of offering for sale a flick knife contrary to the Restriction of Offensive Weapons Act 1959 s.1(1); he had displayed the knife in his shop window. The shopkeeper appealed. Q What happened to him on appeal? (b) The shopkeeper was convicted of offering a flick knife for sale The shopkeeper was acquitted of offering a flick knife for sale. An advertisement can be an offer: An advertisement can sometimes be an offer BUT THIS IS VERY EXCEPTIONAL. Remember the thing that determines whether a statement is an offer or an invitation to treat is the intention of the party who makes the statement: our definition of an offer was an offer is a proposition put by one person to another person made with the intention that it shall become legally binding as soon as it is accepted by the other person.?So if a proposition, say an advertisement, is made with the intention that if acted upon the person making the advertisement will consider themself legally bound then the advertisement will be an offer and not an invitation to treat. In Carlill v Carbolic Smoke Ball Co (above) the court held that in the particular unusual circumstances of the case that the Carbolic Smoke Ball Co had intended their advertisement to be an offer. Tender: A tender is an offer in response to an invitation to tender put out by a company. Generally a company who invites tenders is only making an invitation to treat and is not bound to accept any of the tenders. Example of tenders: Spencer v Harding (1870) Harding sent out a circular which stated we are instructed to offer to the wholesale trade for sale by tender the stock in trade of Messrs. G. Eilbeck Co. amounting as per stock-book to ?503 13s 1d, and which will be sold at a discount in one lot. Payment to be made in cash. The stock may be viewed on the premises, up to Thursday, the 20th instant, on which day, at 12 o?lock at noon precisely, the tenders will be received and opened at our offices.?Spencer claimed that the circular was an offer which he had accepted by submitting the highest tender. Q Hardings circular amounted to (b) A) A valid offer which Spencer had correctly accepted b) Nothing more than an invitation to treat and was, therefore, incapable of being accepted by Spencer. Failure to consider a tender: Blackpool and Fylde Aero Club Ltd v Blackpool Borough Council (1990) Blackpool Borough Council sent an invitation to tender to operate pleasure flights from Blackpool airport to the Blackpool and Fylde Aero Club Ltd (the club) and six other parties. The invitation to tender said that the Council do not bind themselves to accept all or any part of any tender. No tender which is received after the last date and time specified shall be admitted for consideration.?The club posted its tender in the town hall letterbox at about 1100 hrs on Thursday 17 March; this was an hour before the advertised deadline expired. The councils staff failed to empty the letterbox at 1200 hrs and as a result the tender was marked late and not considered by the council. The council then accepted the highest tender which was from Red Rose Helicopters. Later the council established that the clubs tender had been received in time and so they decided to declare the successful tender invalid and to reissue the invitation to tender. However, Red Rose Helicopters contended that its t ender had been accepted and that the council was contractually bound to proceed on that basis. The council decided to honour Red Rose Helicopters?tender. The club bought an action for damages against the council for breach of contract. The club argued that the council had warranted that if a tender was received in good time the council would consider it and that the council, having failed to consider its tender, was in breach of contract. Q Click on the appropriate number (a) Although Blackpool Borough Councils invitation to tender amounted to no more that an invitation to treat they were contractually bound to consider Blackpool and Fylde Aero Clubs tender.. Following Spencer v Harding Blackpool Borough Council was not contractually bound to consider Blackpool and Fylde Aero Clubs tender. Conclusions: You should now be able to Appreciate the importance of the concept of agreement. Appreciate the importance of the intention of the parties. Distinguish between an invitation to treat and an offer. If you have not mastered the above points you should review this section again. Training: Q. Which of the following is NOT an invitation to treat? A. An advertisement which states 1000 will be paid to anyone who fails to loose 4kg after using our Slimaid for 4 weeks as per the instructions printed on the box.0000 is lodged with our solicitors to show out confidence in the product. A display of goods in a shop window marked special Offer? Goods offered for sale in a newspaper. An application form for hire purchase. Research Papers on Fundamentals of Contract Law - Question and AnswerRiordan Manufacturing Production PlanTwilight of the UAWComparison: Letter from Birmingham and CritoThe Project Managment Office SystemMoral and Ethical Issues in Hiring New EmployeesOpen Architechture a white paperIncorporating Risk and Uncertainty Factor in CapitalPETSTEL analysis of IndiaMarketing of Lifeboy Soap A Unilever ProductDefinition of Export Quotas

10 tips all new teachers should know

10 tips all new teachers should know Beginning a career in teaching is extremely exciting. Shaping today’s minds that will run tomorrow’s world is a vital job, and it can be fun as well as rewarding. But anyone with a general idea of what teachers do everyday knows that every day won’t be a breeze. In fact, most days will be a real challenge. The good news is that if you come to the job equipped to deal with those challenges, you will be a much more effective teacher. Go into your new career armed with these 10 tips and you’ll be in good shape from the start. 1. Observe to become a better teacher.A good way to get the lay of the classroom environment is to watch other teachers teach. This step is usually built into the requirements for your degree, since most education students have to observe as part of the curriculum. If it is not, make arrangements on your own to sit in on classes. Doing so will help you figure out what to do on the job- and very likely, what not to do.2. Strive toward tan gible goals.The most effective way to organize a lesson is to set a specific goal for each one. The SMART system will help you set your goal. SMART stands for Specific, Measurable, Achievable, Realistic, and Time-based.3. Schedule your prep time.Most of the work happens in the classroom, but there’s a lot of preparation you’ll need to do after work hours too. Be sure to always set aside a specific time to get your lesson plans together so you never have to scramble to get them done at the last minute.4. Exude confidence (or fake it if you have to).Students can be an unruly bunch, and the worst ones can really frazzle you. Sometimes they may simply be bored and unengaged. The best weapon against such challenges is confidence. If you are in charge of your voice and body language, students will be more likely to allow you to take charge of the classroom.5. Never forget- you’re the adult.On a similar note, you must never forget that you are the adult. Difficult stud ents may try to break you down and drag you to their level. It is your job to remain above such childishness- you have the control to both dole out the discipline and be lenient when appropriate.6. Dress for the job.On another similar note, you need to make it very clear by your presence that you’re the adult and not one of the gang. Save the cool and casual clothes for your spare time. At school, dress in a professional manner to establish an air of authority.7. Establish rules early on.You can’t just make an authoritative impression by dressing appropriately. You must also set out clear rules for maintaining your authority. Make sure your students know what you expect of them in terms of personal behavior, due dates, and class participation.8. Encourage organization.Organization can be a key to success, so aim to instill the value into your students. Expecting students to take notes is one way to encourage them to stay organized. You can also get them to think of you r lessons in an organized manner by using visual aids such as graphics and diagrams to connect ideas.9. Constantly check their understanding.Your students’ ability to comprehend your lesson may not exactly keep up with your enthusiasm for teaching it. So every 10 minutes, take a break to check in with your students and find out if they’re following your flow of information. Asking a few review questions is one effective way to check their understanding.10. Love what you do.Finally, make sure you maintain that enthusiasm for teaching. The way to do this is to love your work. If you exude enthusiasm for teaching, exercise your imagination, and work to inspire the creativity of your students, you will receive greater enjoyment from your teaching and your class will be more willing to learn from it. Good luck!

Definition and Examples of Propaganda

Definition and Examples of Propaganda Propaganda is a form of psychological warfare that involves the  spreading of information and ideas to advance a cause or discredit an opposing cause.   In their book Propaganda and Persuasion (2011), Garth S. Jowett and Victoria ODonnell define propaganda as the deliberate and systematic attempt to shape perceptions, manipulate cognitions, and direct behavior to achieve a response that furthers the desired intent of the propagandist. Pronunciation: prop-eh-GAN-da Etymology: from the Latin, to propagate Examples and Observations Every day we are bombarded with one persuasive communication after another. These appeals persuade not through the give-and-take of argument and debate but through the manipulation of symbols and of our most basic human emotions. For better or worse, ours is an age of propaganda.(Anthony Pratkanis and Elliot Aronson, Age of Propaganda: The Everyday Use and Abuse of Persuasion, rev. ed. Owl Books, 2002) Rhetoric and Propaganda Rhetoric and propaganda, both in popular and academic commentary, are widely viewed as interchangeable forms of communication; and historical treatments of propaganda often include classical rhetoric (and sophistry) as early forms or antecedents of modern propaganda (e.g., Jowett and ODonnell, 1992. pp. 27-31).(Stanley B. Cunningham, The Idea of Propaganda: A Reconstruction. Praeger, 2002)Throughout the history of rhetoric, . . . critics have deliberately drawn distinctions between rhetoric and propaganda. On the other hand, evidence of the conflation of rhetoric and propaganda, under the general notion of persuasion, has become increasingly obvious, especially in the classroom, where students seem incapable of differentiating among the suasory forms of communication pervasive now in our heavily mediated society. . . .In a society where the system of government is based, at least in part, on the full, robust, give-and-take of persuasion in the context of debate, this conflation is de eply troubling. To the extent that all persuasive activity was lumped together with propaganda and given the evil connotation (Hummel Huntress 1949, p. 1) the label carried, persuasive speech (i.e. rhetoric) would never hold the central place in education or democratic civic life it was designed to. (Beth S. Bennett and Sean Patrick ORourke, A Prolegomenon to the Future Study of Rhetoric and Propaganda. Readings in Propaganda and Persuasion: New and Classic Essays, ed by Garth S. Jowett and Victoria ODonnell. Sage, 2006) Examples of Propaganda A massive propaganda campaign by the South Korean military drew an ominous warning from North Korea on Sunday, with Pyongyang saying that it would fire across the border at anyone sending helium balloons carrying anti-North Korean messages into the country.A statement carried by the North’s official news agency said the balloon-and-leaflet campaign by the puppet military in the frontline area is a treacherous deed and a wanton challenge to peace on the Korean Peninsula.(Mark McDonald, N. Korea Threatens South on Balloon Propaganda. The New York Times, Feb. 27, 2011)The US military is developing software that will let it secretly manipulate social media sites by using fake online personas to influence internet conversations and spread pro-American propaganda.A Californian corporation has been awarded a contract with United States Central Command (Centcom), which oversees US armed operations in the Middle East and Central Asia, to develop what is described as an online persona m anagement service that will allow one US serviceman or woman to control up to 10 separate identities based all over the world.(Nick Fielding and Ian Cobain, Revealed: US Spy Operation That Manipulates Social Media. The Guardian, March 17, 2011) ISIS Propaganda Former US public diplomacy officials fear the sophisticated, social media-borne propaganda of the Islamic State militant group (Isis) is outmatching American efforts at countering it.Isis propaganda runs the gamut from the gruesome video-recorded beheadings of journalists James Foley and Steven Sotloff to Instagram photographs of cats with AK-47s, indicating a comfort Isis has with internet culture. A common theme, shown in euphoric images uploaded to YouTube of jihadi fighters parading in armored US-made vehicles captured from the Iraqi military, is Isis’s potency and success. . . .Online, the most visible US attempt to counter to Isis comes from a social media campaign called Think Again Turn Away, run by a State Department office called the Center for Strategic Counterterrorism Communications.(Spencer Ackerman, Isiss Online Propaganda Outpacing US Counter-Efforts. The Guardian, September 22, 2014) The Aims of Propaganda The characteristic that propaganda is a form of mass media argumentation should not, in itself, be regarded as sufficient for drawing the conclusion that all propaganda is irrational or illogical or that any argument used in propaganda is for that reason alone fallacious. . . .[T]he aim of propaganda is not just to secure a respondents assent to a proposition by persuading him that it is true or that it is supported by propositions he is already committed to. The aim of propaganda is to get the respondent to act, to adopt a certain course of action, or to go along with and assist in a particular policy. Merely securing assent or commitment to a proposition is not enough to make propaganda successful in securing its aim.(Douglas N. Walton, Media Argumentation: Dialectic, Persuasion, and Rhetoric. Cambridge University Press, 2007) Recognizing Propaganda The only truly serious attitude . . . is to show people the extreme effectiveness of the weapon used against them, to rouse them to defend themselves by making them aware of their frailty and their vulnerability instead of soothing them with the worst illusion, that of a security that neither mans nature nor the techniques of propaganda permit him to possess. It is merely convenient to realize that the side of freedom and truth for man has not yet lost, but that it may well loseand that in this game, propaganda is undoubtedly the most formidable power, acting in only one direction (toward the destruction of truth and freedom), no matter what the good intentions or the goodwill may be of those who manipulate it.(Jacques Ellul, Propaganda: The Formation of Mens Attitudes. Vintage Books, 1973)

Enterprise and Entrepreneurial Management Research Paper - 11

Enterprise and Entrepreneurial Management - Research Paper Example Idea generation is the fulcrum of a solid business plan. An idea is what makes a business go forward and that idea has to be brilliant and functional. This is the starting point; it can be because someone spotted a gap in the market or saw a flaw in the products already being sold. The development of this idea into a viable product or service is the key to a successful business. Including this part in the business plan is important as it shows where you got the idea from, it will also help other people judge how powerful the idea is and how far it can go. Strategic objectives are specific and well-defined objectives over a time frame; they tell you when and where the business’s condition is supposed to be. Some examples of these objectives can be: Increase revenues by 10% annually or Decrease expenses by 15% over the next 3 months. These objectives are essential as they provide guidance to the business. They also provide a picture to investors and other professionals on where the business will be after a certain time period. They are basically goals that will help the business move forward and they will always be a guideline to measure your results and performance against. Every start-up business will have objectives but it is also necessary to prioritize them, perhaps for a new business, it will be essential at first to be financially stable so the financial objectives come first. When the business is established the objective focus can be shifted to getting more customers in. It is always good to quantify your objectives as this way you will have data to measure against. The objectives should be balanced they should not be far-fetched, be attainable but at the same time be challenging enough to make the business move forward.

My abilities Essay Example | Topics and Well Written Essays - 750 words

My abilities - Essay Example With reference to our previous conversation, I am very much for the idea of launching F&F's products in the international market. I have analyzed this, and found it to be an extremely viable idea. The international market is much bigger than the local one and the potential for sales and profits is great. Growth rate in many foreign markets can surpass domestic markets and can help in keeping the company's competitive local competitive advantage. Of course, as with any business venture, there are real risks involved, but I believe that with the proper execution and the right marketing strategy, the benefits would far outweigh the risks. Since F&F has already established itself in the local shoe market, I believe that extending this success internationally is but a natural and logical step. A product's domestic success is a good indicator of its chances in the overseas market, especially if similar conditions and needs are present. But what works here may be different in other countries, so each market should be treated individually, screening it for entry options for marketing as well as being sensitive of its cultural implications. I understand your apprehension about making foreign investments (building overseas factories, etc.) so I suggest exporting. This strategy would optimize the capabilities of local factories, and your plan of expanding the operations in Florida will be helpful in this matter. In addition to that, the excess local production capacities can be sold to other markets. My long-term objective is to make F&F the brand synonymous with high-demand, high-quality, luxury sporting goods. F&F is already known for making high-quality products without competition, and this could be our key to success. We must pursue an aggressive marketing campaign to build our brand image since this would maintain our considerable competitive advantage. Upscale markets in the sporting industry is very lucrative. My strategy is to fill untapped markets that desire high-end, high-quality shoes; to know what this market wants and fulfill its needs. Potential buyers are willing to spend more on products if it builds their image and makes them look good. F&F products, being of high quality and fashion would undoubtedly fill the niche for this market. Having no direct competitors makes this goal much easier. The possibility of counterfeit goods is a problem that could not be totally eradicated. However, I believe any potential competition from, say, Chinese imitations will not be great, as the competition is based on quality rather than price. Also, the target market is comprised of discriminating customers and will realize the inherent value of owning the real thing. Good planning should not be overlooked. Formulating a good export strategy by proper market assessment and knowing the right information will ensure that the company makes the best choices and that resources are optimally used. I am aware that taking you up on this kind offer is no easy task. But armed with the proper understanding of international markets and thorough planning, I am confident that we can pull this off. I am enthusiastically looking forward to the opportunity of working for F&F. I look forward to hearing from you soon

Extended Self and Consumerism Essay Example | Topics and Well Written Essays - 1500 words

Extended Self and Consumerism - Essay Example For example, some of us are focused on personal comfort and buy cars; some other people want to collect money or some trifles to satisfy their aesthetic desires, needs and wants. It is possible to claim that Oscar Wilde's main characters were often considered about their appearance to the greatest extent. These ideas are relevant to the modern context, because they underline that people appreciate their appearance and buy the objects of art, luxury or jewelry just to look good. In other words, people create their own images by means of different products and objects. To correlate the principles of consumerism with our daily behaviors in the market, it is necessary to have a strong theoretical background and up-to-date empirical material. The works by Belk (1988) and Goffman (1990) are illustrated by blogs of the consumers in the Internet. Consumerism and Blogs Belk claims that "if involuntary loss of possessions causes a loss of self, one of the primary reactions following such loss should be an attempt at self-restoration. This phenomenon has been observed in psychoanalysis and has led to the hypothesis that, along with body loss, object loss is the fountainhead of creativity" (Belk, 1988). Therefore, we can claim that the things we own reflect our inner stability. We are well-balanced personalities in case we feel all right and feel our ability to buy a thing or object we want. It sounds like individuals are not complicated individuals. We do not need much, but we want much. Now, when there is a perfect opportunity to share your aspirations with the global community, we are pleasantly sharing this opportunity and use this chance perfectly. When we buy pets, very often we subconsciously chose those breeds, which will look like us. We extend our selves in our dogs; we want to become their masters and parents at the same time. In one blog post there was a commentary about a similar nature of a dog and a master of a dog: "We spend money on our dogs,  pampering them with fancy collars and toys.   Investing in our pets has become a part of being a pet owner, and it speaks of our morals as pet owners.   If someone refuses to take their sick pet to the vet it’s similar to declining to take a child to the doctor" (The Extended Self). From this perspective pets are associated with our desire to nourish ourselves, or extended part of us as much as we want.    On the basis of several blog posts by Chinese consumers we will talk about correlation between the extended self and intentions of buyers to get some products or goods. A purpose of modern blogs can be considered as a means for consumer culture promotion. Cyberspace is a modern plane for promotion of desires and interests of the customers in some goods. Blog is a unique means for self-expression online. It is a kind of a modern diary, which can include up-to-date photos and music. Incomes and urban consumer culture is being developed at a full pace in China. Of course, it is mo re natural of women to update their information about blogs if they talk about their purchases. Thus, "Jessie† updates the world on her blog about new additions to her private closet, and discusses her favorite possessions ranging from a pair of Converse shoes to Abercrombie shirts. She writes about what she already has and laments what she could not afford to have" (Xin Zhao, Belk 2007). On the one hand, this girl does not have any problems and she can

Pavarotti Fashions Brand Case Study Example | Topics and Well Written Essays - 1750 words

Pavarotti Fashions Brand - Case Study Example The paper "Pavarotti Fashions Brand" discovers case with the Brand of Pavarotti Fashions. In the first case, Amanda ordered a pair of jeans from Pavarotti’s mail order catalogue on the 5th of December. She received a notice on the 12th of December that the jeans are no longer available for the advertised price, but for the revised price of J300, introduced on the 8th of December. While Pavarotti offered a complete refund, Amanda refused the offer and insists that Pavarotti sell the merchandise for J250, as advertised. The relevant issue therefore is whether Amanda’s rights were violated as a result of Pavarotti’s refusal to sell her the merchandise based on the advertised price; and whether she can compel Pavarotti to sell her the merchandise based on the advertised price. In determining whether Amanda’s rights were violated, one must assess her rights as Pavarotti’s customer, in particular and as a consumer, in general. As Pavarotti’s custom er, Amanda’s rights depend on her contractual relationship with Pavarotti, such that a contract binding the two to specific performance must first exist. However, the courts may find that a contract does not exist. Looking unto Partridge v Crittendon , Pavarotti’s advertisements in the catalogue can be treated as an â€Å"invitation to treat† as opposed to an offer. By ordering, Amanda is simply making an offer. However, in introducing the revised price, Pavarotti makes a counter-offer, which is tantamount to a rejection of Amanda’s offer, ending the current negotiations.... While Carlill v. Carbolic Smoke Ball Co7 illustrates a contrary situation, where if applied to Amanda's case leads to a valid contract and existing obligations between the two parties8, this application is unlikely. Unlike in Carlill, Pavarotti, through the mail order catalogue did not illustrate a willingness to be bound by the advertisements, such that the company was merely supplying information to prospective customers. The lack of contractual intent on Pavarotti's part makes his advertisements merely an invitation to treat, as opposed to an offer. Furthermore, looking at the nature of Pavarotti's business where the merchandise is always subject to the availability of stock9 and the fact that mail order catalogues are already dated once released, such that it does not reflect price changes made within the company's physical office days after the release; Amanda cannot rely on the catalogue's certainty. Thus, the lack of contractual intent on the part of Pavarotti, and the lack of certainty, as illustrated in the facts given regarding the mail order catalogue, illustrates that no binding contract was formed, such that Amanda cannot hold Pavarotti to sell her the merchandise based on the adver tised price because no contractual relationship or obligation exists between the parties. Insofar as contractual obligations are concerned, Amanda therefore has no claim against Pavarotti. However, as a consumer, she can claim that Pavarotti's action violates her civil rights. Based on the Trade Descriptions Act 1968 and the Consumer Protection Act 1987, Pavarotti can be subject to criminal liabilities. Amanda can argue that even though there is no contractual obligation between her and

Nationalized Health Insurance Essay Example | Topics and Well Written Essays - 2000 words

Nationalized Health Insurance - Essay Example hree major areas of concern: loss of health decision choices and lack of privacy, a decline in the quality of health care and the creation of new inequalities. Proponents of nationalized health insurance focus predominately on the issue of monetary savings. They claim that the cost of consumer products is reduced when health insurance is nationalized because savings made by employers who are no longer liable for their employees health insurance are passed on to consumers. In turn, this lowering of the cost of products ensures more local jobs for employees because companies are more able to compete in global trade. Supporters of nationalized health insurance also maintain that employees are more mobile because they are more confident and thus more able to change employment if they are no longer happy with one employer; they are also less hesitant in setting up their own business or company without the anxiety of losing their health insurance. In reality however, while these arguments may be acceptable in terms of monetary savings and mobility, other costs are heavier. Canada and Britain both have nationalized health insurance but with differences. Britain employs a ‘single-payer system’ and people are unable to avoid the system and use private insurers. The government covers all health care costs, with money coming from tax incomes. Patients are not required to pay for any services other than some small amounts towards optical and dental care and treatments bought on prescription. Most doctors and nurses are direct employees of the government and thus paid by the government (Tanner, 2008, p.31). Canada’s system is different to Britain’s in that responsibility is divided between ten provinces and two territories. In other words, the federal government and provinces cover all costs but medical staff are not direct employees of the government. Federal taxes pay for around sixteen percent of health care costs with the remainder covered by provincial taxes.

Pavarotti Fashions Brand Case Study Example | Topics and Well Written Essays - 1750 words

Pavarotti Fashions Brand - Case Study Example The paper "Pavarotti Fashions Brand" discovers case with the Brand of Pavarotti Fashions. In the first case, Amanda ordered a pair of jeans from Pavarotti’s mail order catalogue on the 5th of December. She received a notice on the 12th of December that the jeans are no longer available for the advertised price, but for the revised price of J300, introduced on the 8th of December. While Pavarotti offered a complete refund, Amanda refused the offer and insists that Pavarotti sell the merchandise for J250, as advertised. The relevant issue therefore is whether Amanda’s rights were violated as a result of Pavarotti’s refusal to sell her the merchandise based on the advertised price; and whether she can compel Pavarotti to sell her the merchandise based on the advertised price. In determining whether Amanda’s rights were violated, one must assess her rights as Pavarotti’s customer, in particular and as a consumer, in general. As Pavarotti’s custom er, Amanda’s rights depend on her contractual relationship with Pavarotti, such that a contract binding the two to specific performance must first exist. However, the courts may find that a contract does not exist. Looking unto Partridge v Crittendon , Pavarotti’s advertisements in the catalogue can be treated as an â€Å"invitation to treat† as opposed to an offer. By ordering, Amanda is simply making an offer. However, in introducing the revised price, Pavarotti makes a counter-offer, which is tantamount to a rejection of Amanda’s offer, ending the current negotiations.... While Carlill v. Carbolic Smoke Ball Co7 illustrates a contrary situation, where if applied to Amanda's case leads to a valid contract and existing obligations between the two parties8, this application is unlikely. Unlike in Carlill, Pavarotti, through the mail order catalogue did not illustrate a willingness to be bound by the advertisements, such that the company was merely supplying information to prospective customers. The lack of contractual intent on Pavarotti's part makes his advertisements merely an invitation to treat, as opposed to an offer. Furthermore, looking at the nature of Pavarotti's business where the merchandise is always subject to the availability of stock9 and the fact that mail order catalogues are already dated once released, such that it does not reflect price changes made within the company's physical office days after the release; Amanda cannot rely on the catalogue's certainty. Thus, the lack of contractual intent on the part of Pavarotti, and the lack of certainty, as illustrated in the facts given regarding the mail order catalogue, illustrates that no binding contract was formed, such that Amanda cannot hold Pavarotti to sell her the merchandise based on the adver tised price because no contractual relationship or obligation exists between the parties. Insofar as contractual obligations are concerned, Amanda therefore has no claim against Pavarotti. However, as a consumer, she can claim that Pavarotti's action violates her civil rights. Based on the Trade Descriptions Act 1968 and the Consumer Protection Act 1987, Pavarotti can be subject to criminal liabilities. Amanda can argue that even though there is no contractual obligation between her and

Art Deco Essay Example | Topics and Well Written Essays - 1000 words

Art Deco - Essay Example In its initial stages, it highlighted faith in technological and social progress, luxury, exuberance, and glamour. The term Art Deco became popular in 1966, in a French exhibition, in 1925. In this event, the term helped to differentiate French art works of the Belle Epoque from art works of the time. In addition, it describes a number of crafts developed in the Entre Deux Guerres period, and also developed by the Bauhaus. Nonetheless, since it started in France, there is a claim that it should be utilized to works associated with the French and those made in nations with direct influence from France. The Art Deco period has lasted from 1925 during an event to exhibit novel concepts in applied arts. Its inspiration largely came from ancient art from all over the globe. In the 1920s, inexpensive means of travel allowed direct contact to several, societies, communities, and cultures. In addition, there was a common interest in archeology because of excavations in areas, for example, th e tomb of Tutankhamun and at Pompeii, Troy. Designers and artists incorporated Machine age elements with decorations from ancient Greece, Oceanic, Egypt, Asia, Mesopotamia, Rome, and Mesoamerica. Also, Futurism, Constructivism, Modernism, Functionalism, and Cubism contributed to its development. The sculptor, the cubists and other art workers worked together to decorate a Studio House in 1927, with a number of them designing the staircase, others the fountain, others the Cubist rug, and others the fireplace mantel. Art Deco also highlights geometric forms, for example, sunburst, spheres, chevrons, polygons, zigzags, trapezoids, and rectangles motifs. There is an organization of the components in symmetrical designs. There is also utilization of modern materials, for example, plastics, aluminum, chrome, stainless steel, and Bakelite. In addition, there is also the use of lacquer and stained glass inlays. Its colors also appear to be high-contrast and vivid. Moreover, it was a popular international style that influenced a large field of design. It was also largely utilized in consumer goods, for example, clocks, automobiles, jewelry, furniture, textiles and electronic goods, for example, jukeboxes, radios, and telephones (Bayer 14). Additionally, Art Deco influenced cinema, architecture, graphic arts, interior design, fashion, and industrial design. Amusement parks, public works projects, movie palaces, and ocean liners also employed Art Deco during the 1930s. Nevertheless, the negative effects caused by World War II made Art Deco decrease in reputation. A renaissance of attention started in the 1960s. Moreover, there has been the development of a style associated with Art Deco referred to as Streamline. This style started in the beginning of 1930. Streamline got its inspiration from contemporary principles of aerodynamics to decrease air friction at soaring swiftness. Manufacturers used the elements to buildings, cars, gas pumps, trains, refrigerators, and ship s. The Chrysler Airflow of 1933 was one of the first vehicles manufactured from this

Final writing exercise Essay Example for Free

Final writing exercise Essay There are three phases whereby each has a different crystal structure at three different temperatures. At room temperature (298K), Phase III is present whereby Cs3H(SeO4)2 has a crystal structure of a monoclinic with a space group of C2/m. At 400K, Phase II is present whereby Cs3H(SeO4)2 has a crystal structure of a monoclinic-A2/a symmetry. At 470K, Phase I is present whereby Cs3H(SeO4)2 has a crystal structure of a trigonal with a space group of R3-m. In Phase III, as we can see in Figure 2(a), the positioning of the tetrahedrons is parallel to the a-axis, and in between these SeO4 tetrahedrons are the hydrogen bonds. Looking at a 2dimensional perspective, we can also see that there is a translation movement of the SeO4 tetrahedrons along the a-axis; hence the symmetry operator would be a glide line parallel to a-axis. In a 3-dimensional perspective, we can see that Phase III has a 2-fold rotation axis and contains glide planes. In Phase II, from Figure 2(b), we can see that the positioning of the SeO4 tetrahedrons are along the approximate direction [310]. Observing the schematic of the crystal structure in Phase II, we can see that there is a vertical mirror line in between the SeO4 tetrahedrons. There is also an a-glide reflection vertically. In Phase I, from Figure 2(c), the positioning of SeO4 tetrahedron is similar to that of Phase II, however the difference is the crystal structure and the hydrogen bonding. Comparing both Phase II and Phase III crystal structures of the compound, Phase II contains two-fold screw axis, inversion center and a two-fold rotation axis, which is the sole reason for Phase II to be twice of that of Phase III in terms of geometrical  arrangement of hydrogen bonds. From the above analysis of the symmetry of the crystals structures in different phases, we can tell that Phase III has the most symmetry operators and hence achieving the highest crystal symmetry generating a low geometrical arrangement of hydrogen bonds. Due to the low geometrical arrangement of hydrogen bonds, the mobility of protons decreases giving the result of ferroelasticiy. The drastic change from superprotonic conductivity to ferroelasticty happens when there is a change from Phase II to Phase III. The major difference between theses 2 phases is the hydrogen bond arrangement. Paragraph 2 Under the optical microscope, we can observe that the polymorphic domains will alter at each phase transition to a different extent. We can see in phase III that the domains in the Cs3H(SeO4)2 crystal are made up of polydomains separated by two kinds of domain boundaries. The two kinds of domain boundaries are categorized as the planes of {311} and {11n}, where n is determined by the strain compatibility condition. The domains at the sides of each domain boundary are related to the reflective symmetry or the rotational symmetry on that boundary itself. Furthermore, we can observe that the angle between any domain and its neighboring domains is approximately 120 °, which is very close to the theoretical values calculated using the lattice parameters. As we move on from phase III to phase II, we can observe that the domain structure alters slightly by the phase transition of TII–III. Similarly, the reflective symmetry and rotational symmetry also changes at the same phase transition. However, the kinds of domain and domain boundary remain the same as those in phase III despite a change in domain pattern. This could be due to the slight change in alignment of hydrogen bonding between the SeO4 tetrahedrons when the existing hydrogen bonds were broken to form new weaker  ones. This might explains why their lattice parameters a and b do not really change appreciably. Compared to phase III previously, the angle between any domain and its neighboring domains in phase II is also approximately 120 ° and is justified by the theoretical values determined from the same equation we used for phase III. Hence, this suggest a slight change in the Cs3H(SeO4)2 crystal structure at the phase transition of TII–III. From phase II to phase I, the domain boundaries is observed to have disappear just before the curie temperature of the phase transition of TI–II and the crystal structure changes from  optically biaxial to optically uniaxial. This could be due to an external stress caused by the atomic rearrangement of the SeO4 tetrahedrons in the Cs3H(SeO4)2 crystal as a result of breaking the hydrogen bonds between them. Paragraph 3 Higher temperatures for most material will enable atoms to move to low energy sites, fitting into a perfect crystal symmetry. Cs3H(SeO4)2 however behaves differently. As the temperature increases (above 396K), its crystal symmetry decreases when it changes phase from III to II. The orientation of the hydrogen bond for phase II and III differs. For phase II, the orientation is along [310] and [3-10] direction whereas for phase III, it is parallel to the aaxis. As the transition from phase III to II occurs, the precursor of the superprotonic conductivity is observed. In order for movement of proton to occur, the breaking and then recombination of hydrogen bonds are required. For phase III, in order for the movement of one proton, the breaking of 2 hydrogen bonds is needed. The reason as to why 2 hydrogen bond is needed to be broken and recombined again is because for the movement of one proton to occur, it must break the hydrogen bond it resides in and then change its orientation, recombining at another site; the mirroring effect of opposite hydrogen bond is required to maintain the crystal symmetry i.e. to say that the another hydrogen bond parallel to the previous hydrogen bond site needs to be broken and recombined at other site parallel to the newly  recombined hydrogen bond. In this way, in phase III, the recombination of two hydrogen bonds is simultaneously needed for one proton transport. Phase II however, behaves differently. The movement of the proton is independent of the other protons at other hydrogen site. The crystal structure allows for this flexibility of the proton motion, which the superprotonic conduction takes place. The mechanism in which proton transportation occurs in the polymorphs is by the diffusion of protons through a hydrogen bond network, by the cleaving and formation of the hydrogen bonds. However, in certain phases, the cleavage and formation of the hydrogen bond might differ. The fuel cell works on the basis of the movement of protons. The movement of electrons should be disallowed as it would short circuit the fuel cell. Hence, a membrane is used to allow only the movement of protons across and not electrons and gases. On top of that, in order for a superprotonic effect to occur, the flexibility for proton motion must be allo wed. Hence, the lesser symmetrically patterned the phases the protons reside in, the higher this flexibility.

Selected consumer rights

Selected consumer rights Introduction The law is complex in any situation whether it is a road traffic offence under the strict liability rules or a serious manslaughter charge under the criminal law. The area of consumer protection law is no different and is complex with legislation coming from many different sources, statute, common law and EU Directives to name just three sources. For example, Silberstein, 2007, argues that every consumer transaction is based on law of contract, therefore technically every consumer should understand the basics of contract law before moving on to understand the special rules and statutes regarding consumer law. This is a complex area for any undergraduate to understand and therefore an area that some consumers, e.g. the elderly, would find extremely difficult to understand. A consequence of complex consumer protection legislation is commented on by Marsh in his 2008 book Consumer Law. Many people do not know their rights when encountering problems at the point of sale or after (p.7) Hypothesis Initial research has led to the conclusion that consumer law is complex and because of this few consumers and businesses actually understand it fully and therefore sometimes customers and indeed businesses are applying the law wrongly. This project aims to look at this in detail and to prove if the hypothesis is founded or not. The main purpose of this report is to first identify the main consumer legislation and then to investigate if Silberstein is correct in her view that consumer law is complex and through primary research if Marsh is correct when he says that many people do not know there consumer rights. Rationale This project forms part of the third and final year BA (Hons) Business Management (Legal Studies) degree at MMU Cheshire and is therefore a substantial reason for completion of this project. However over the course of the legal studies program many topics have been studied and through this project the opportunity has arisen to explore and research a particular area of interest. Having studied this topic in Advanced Managerial Law and having experenice of retail and selling consumer law was a topic that captured my imagination, it is unlikely that anybody will have not come into contact with it, knowingly or unknowingly, for example a contract is made for the simple purchase of a loaf of bread and is therefore has an impact on every bodies life. Research Methodology Having laid down some aims and objectives, a number of secondary sources i.e. statutes, textbooks and journals will be looked at to try and establish what are regarded as the main consumer laws in the UK. Having done this and using the same research a more in depth explanation of these laws will be written, providing practical examples, possibly through primary research to aid their understanding. Primary research will be used in the form of a questionnaire to attempt to ascertain what knowledge general consumers and businesses have of the law using case studies and a Likert Scale answering system. The data will be collected from 20 consumers and 10 businesses. Primary data will be exclusive and original for this task because the questions can be tailored to my specific needs and will also ensure direction over the integrity of the data ensuring a fair cross section and sample of society is used. Secondary data would be unsuitable as it is unlikely someone has already conducted the exact research that is needed and as already mentioned no control or reassurance over the integrity of the data sourced would be available. The primary data will be analysed to draw conclusions and any applicable secondary research will be used to back up the findings. Finally using all the primary and secondary data gathered to date an evaluation of the findings will take place to draw a conclusion on if consumers and business are aware of the main consumer laws drawn from earlier research. Aims and Objectives To research which laws are the main laws regarding consumer purchasing and protection. Research to explain and give examples of these laws in action and there effects on both consumers and businesses. To devise a series of questions/situations regarding the main laws identified to test the knowledge of consumers and businesses. To report and critique on the findings. To evaluate the report and findings from previous sections to draw a conclusion and make any recommendations/suggestions to the current main consumer laws. What are the main consumer protection laws in the UK? As mentioned previously the law is complex and there could be many statutes and regulations that could be regarded as main consumer protection laws just a quick search on the internet produces a long list that includes; Sale of Goods Act 1979 Unfair Contract Terms Act 1977 Consumer Protection Act 1987 Consumer Protection (Distance Selling) Regulations 1999 Electronic Commerce Regulations 2002 General Product Safety Regulations 2005 Consumer Credit Act 1974 Package Travel, Package Holidays and Package Tour Regulations 1992 Food Safety Act 1990 Consumer Protection (Unfair Trading) Regulations 2008 As has been established the general law of contract gives some protection. Silberstein states that it is the basis of every consumer transaction. Marsh, 2007 says that the tort of negligence also gives limited protection in circumstances where a consumer has no contractual rights. It had to be decided which Statutes and Regulations were to be investigated in this research project and which gave consumers most protection. The first obvious Statute to use was the Sale of Goods Act 1979 (SGA) as this covers almost every consumer transaction that takes place. Marsh, 2008:9, says, The major area of law which supports and assists consumers is the Sale of Goods Act 1979. This Act governs all transactions where goods are transferred for a price. By way of further note if goods are swopped or exchanged then the goods are covered by the Supply of Goods and Services Act 1982, however if any amount of cash is involved no matter how small then the Sale of Goods Act 1979 will apply. The SGA covers any transaction where goods are transferred for a price but what statutes and regulations protect consumers in relation to how you pay for those goods? Transactions that are becoming increasingly popular such as purchase by credit card or hire purchase agreement? The answer is the Consumer Credit Act 1974. Indeed, Broomfield, 2007:53, states The most important Act dealing with consumers and credit is the Consumer Credit Act 1974. The main aim of the Act was to regulate the formation, terms and enforcement of credit and hire purchase agreements. It was then felt that with Acts from 1974 and 1979 respectively that the next choice should be relevant to todays society. This is not to say that the Acts already mentioned are not relevant but back in the 1970s telephone and TV selling was very uncommon, and the increase in this type of selling is why the Consumer Protection (Distance Selling) Regulations 1999 were introduced. These have been kept up to date and relevant by the separate but intertwining Electronic Commerce Regulations 2002 which specifically apply to internet transactions or contracts concluded by electronic means over distance. These rules regulate regarding orders, cooling off periods, fraud and unsolicited goods. One Act to mention would be the Consumer Protection Act 1987 as this would be an obvious choice for inclusion, however, the Consumer Protection Act deals largely with after the event occurrences; for example it deals with liability for defective products, government powers to regulate consumer safety through delegated legislation and statutory instruments and finally a section on price misleading which is discussed briefly later. It was therefore decided as the first two sections regarded largely situations where it would be difficult or unlikely to propose scenarios that were easily identifiable and answerable by people to answer the question Do consumers and businesses understand and know their rights under selected consumer law? that it would be omitted after the section of this report that looks at the legislation in more detail. Consumer law is ever changing and developing to opinion and the needs of consumers. Take for example the internet, Nowak and Phelps (1992) found that 91 percent of individuals surveyed felt that businesses and governments were not doing enough to protect their privacy online. Bennett (1992) and Smith (1994) commented that regulatory responses were usually triggered in reaction to an increasing level of discontent within the populace, which is transmitted to legislators in some manner. Wirtz et al (2007) found that that robust perceived business policies and governmental regulation had now reduced consumer privacy concern. Consumer Protection Laws in theory and practice The Acts and Regulations that we have identified as the main consumer protection laws in the UK that will be discussed in detail are; Sale of Goods Act 1979 Consumer Protection Act 1987 Consumer Credit Act 1974 Consumer Protection (Distance Selling) Regulations 1999 Electronic Commerce Regulations 2002 Sale of Goods Act 1979 There is a common law Latin maxim of Caveat Emptor or buyer beware, this was meant to warn all buyers about the potential problem of buying products. Before the SGA 1979 a purchaser could not claim goods were defective unless he had obtained express guarantees from the vendor (seller) on the quality, usage and condition of the product. (Law, 2008 Richards, 2009) By way of consumer law with regard to contract most purchases made by consumers or made on the basis of invitation to treat this comes from the Latin phrase invitatio ad offerendum and means an inviting an offer. For example, if you go to a supermarket the items on display are being offered to you as an invitation to treat, the offer and acceptance of the contract does not occur until you have paid for the items. A supermarket is well within its rights to withdraw from sale any item or change the price, and refuse to sell it to you unless you have completed the purchase and therefore the contact of sale and purchase, this if course works vice versa in that you can take items in and out of your trolley before purchase. Advertisements are also regarded as an invitation to treat and not an offer, the person placing the advert is not obliged to sell to every customer. This was decided in the case of Partridge v Crittenden [1968], it was held that where the appellant advertised to sell wi ld birds, he was not offering to sell them. Lord Parker ruled that it did not make sense for all advertisements to be offers, as the person making the advertisement could be obliged by contract to sell more goods than he actually owned. (Westlaw Database, 2010) In the Sale of Goods Act 1979 a seller is required via statute to compile with certain obligations; there are certain times when terms maybe implied into the contract. I.e. it is not directly written into the contract but is made part of the contract due to statute. These are implied terms and impose an offence of strict liability on the seller if breached. Implied terms were added to protect the consumer giving them certain rights and guarantees in every sale, we will now look in detail at the implied terms. Implied Terms under the Sale of Goods Act 1979 This implied term states that a seller must have the right to sell the goods and to transfer the title of them to the buyer. Under the Act a seller can only compile with this in two ways by either having ownership of the title themselves or if they are acting with the real title holders permission, such as in business transactions at the time of sale. A case involving and demonstrating Section 12 is that of; Rowland v Divall [1923] Description (Section 13) There is an implied term that all goods must match and correspond with any description used. Most goods are sold with some type of description whether it be given by word of mouth, for example the shopkeeper saying these boots are waterproof or by written notice, for example a notice saying pure lamb wool jumpers. In the case of some transactions it is necessary to note that the seller is also responsible for labels attached by the manufacturer and notices on boxes even though he did not apply them. Description is important as some goods are sold entirely on description, for example, mail order. Almost all goods are sold on description and the seller is in breach of contract if this is inaccurate (Adams, 2008) Again a case involving and demonstrating Section 13 is Beale v Taylor [1967] Quality (Section 14(2)) Where a seller sells goods in the course of a business there is an implied term that the goods are of satisfactory quality. Satisfactory quality means the standard to which the reasonable man, sometimes referred to as the man on the Clapham omnibus would expect taking into account all relevant circumstances such as price paid, for example the interior of a  £50,000 car would be of substantially better quality than that of a  £5,000 car. An example of a case involving quality is that of Godley v Perry [1960]. In this case there was a breach of Section 14(2) as the item was not of satisfactory quality and Wilson v Rickett Cockerell LTD [1954] where a delivery of coal contained fragments of detonators and caused an explosion and damage to property. The coal was not of satisfactory quality. There are however limits to liability under S14(2) this section only applies where a sale arises in course of business. The seller cannot be held liable of the buyer knows about the defects and this can be achieved in two ways either by notice of the defect being given by the seller for example a tear on sleeve or spare tyre missing. The other way is by inspection by the buyer; buyers are not under any obligation to inspect items but if they do sellers can then not be held accountable for defects that should have been reasonably evident. A seller however is not liable for misuse or damage caused by the ultimate consumer. Two cases that show this point are; Aswan Engineering Establishment Co. LTD v Lupadine LTD [1987] and Heil v Hughes [1951]. Fitness for Purpose (Section 14(3)) Where goods are sold in the course of business they must be reasonably suitable for any purpose in which the goods are normally sold. (Adams, 2008:231) Goods must also comply with any special purpose that the seller claims, also if the buyer makes known to the seller the purpose for which the product is being bought and to be used any recommendation must also comply with this and be reasonably fit for purpose. Fitness for purpose claims rely on the buyer being able to show that he placed reliance on the seller when purchasing the goods; such reliance may be either implicit or explicit. Implicit reliance is when a buyer does not rigorously inspect the goods or ask questions about then but they turn out to be not fit for the usual purpose of those goods. If a buyer does not ask then a seller is not liable if the goods turn out to be required by the buyer to perform above what is normally required. (Adams, 2008) A case to illustrate this point is Griffiths v Peter Conway [1939] Explicit reliance is where the buyer asks questions and the seller recommends a product for that purpose for example, if you visit a boat shop and ask which motor is suitable for your type of boat, take the motor and it is not powerful enough then the motor is clearly not fit for purpose. (Adams, 2008) Sample (Section 15) When a sale takes place by sample there is an implied term that the bulk order will be the same as the sample in quality, for example, same materials, same resilience to damage etc. There is also an implied term that the goods will be free from any defects not noticeable on reasonable examination of the sample. Looking back at Godley v Perry [1960] the catapults had been sold to the shop keeper by a supplier after a sample has been viewed. Godley had tested for quality by pulling back the elastic, when damages were later awarded to Perry for his eye injury the catapult was tested and found to have a manufacturing fault that Godley could not have noted on reasonable inspection and therefore Perry could be repaid the compensation he had to pay Godley by the supplier, as the supplier was in breach of Section 15. Likewise the supplier could claim the compensation from the manufacturer as the manufacturer has a duty under tort and negligence for duty to their neighbours, in this case the ultimate consumer Godley. It is clear that the implied terms in the SGA 1979 are of paramount importance and these are implied which means they are drawn into every contract and can be expected by the consumer and must be obeyed by the seller/manufacturer of such consumer products. Other rights given under the SGA 1979 include S6 and S7 regarding perishable goods, S29 and S30 regarding delivery of goods and Part V of the Act, grants additional rights in consumer cases such as those in S48(b) Repair or Replacement of Goods. Consumer Protection Act 1987 This Act has three main parts as discussed regarding liability for product defects, health and safety delegation and price misleading. Part III of the Act regarding price misleading is the part on which this project will focus as this is the main part concerning all consumers. Law of contract means a shop can withdraw an item for sale or change its price before purchase because of the rules regarding invitation to treat. The shop however cannot mislead as to the price of an item; the Act states in S20(1) a person shall be guilty of an offence if, in the course of any business of his, he gives (by any means whatever) to any consumers an indication which is misleading as to the price at which any goods, services, accommodation or facilities are available (whether generally or from particular persons). So if a shop deliberately prices to mislead, for example giving prices exempt of VAT but not stating this they will have committed the criminal offence of misleading according to price, likewise if a shop was found to have deliberately mispriced an item in a sale saying it was more expensive then it has ever been offered for sale would also be guilty of the offence. This is one reason you will see disclaimers on sale boards such as this product has been offered at the higher price in at least 20 of our stores for the last 28 days. Cases considering incorrect and misleading pricing were Toys R Us v Gloucestershire CC [1994] and MFI Furniture Centres Ltd v Hibbert [1996] A shop would not be guilty if the item pricing was an honest mistake and any further mispriced items were removed immediately from sale. Consumer Credit Act 1974 The Consumer Credit Act 1974 was introduced because according to MacLeod, 2007, In twentieth century, there was explosive growth in the use made of instalment credit by both business and private consumption by 1980 80% of the market was lender credit largely due to the expansion of store cards. Unfortunately whereas the well-off were able to take part in exclusive offers, the less well off were found to be running up debt from pawnbrokers and loan-sharks, some lending modest amounts but using an unregulated industry to make large amounts in return. The CCA 1974 addressed this issue amongst others. Credit for consumers comes largely in two forms, either the borrowing of money and paying it back over a period of time for a specific item, commonly known as a hire-purchase (HP) agreement and borrowing by credit card. These are two main areas regulated by the Consumer Credit Act 1974 and the two areas to be discussed further as they affect shopping consumers the most. Sections 87-93 are some of the sections of the Consumer Credit Act 1974 that deals with HP agreements. Sections 87-89 deal with default (usually non-payment) and state that if there is a breach of the agreement the creditor must serve the debtor with a default notice before taking any action. This notice must explain the nature of the breach, what must be done to remedy it and if it is not what will happen. The debtor must be allowed at least 14 days in order to remedy the breach from the time of issue. If it is remedied then the breach is treated as if it never happened, if it is not then the creditor can take action to recover monies owed. Sections 90-92 deals with the repossession of goods and states that a creditor must obtain a court order before he can enter a premise to repossess goods and that if a third of the amount in the agreement has been paid (not including interest) then the goods are protected and a court order is also needed to repossess the goods without the debtors permission. In Common Law, this has been seen in the case of Capital Finance Co LTD v Bray [1964] The main outcome of this case was failure to obtain a court order for protected goods which are repossessed has the effect of terminating the agreement, releasing the debtor from further liability and allowing recovery of all sums paid by the debtor. Also in regard to HP agreements the SGA 1979 states that a seller must have title of goods before they can sell items, however, in the case of hire purchase, who owns the product whilst it is still under an HP agreement? This was decided by the case of Helby v Matthews [1895]. It was decided that until the last instalment had been paid that the ownership stays with the supplier of the finance and title passes on payment of the final instalment. Helby v Matthews also deals with an issue over selling of goods under a HP agreement, it was again decided that ownership is with the original supplier of finance until the last payment has been made so goods can be recovered. With regard to payments made by credit card, Section 56 of the Consumer Credit Act 1974 states that the supplier, from whom you buy the goods is the creditors agent. (For example, VISA or Mastercard) The creditor is responsible therefore for misrepresentations of supplier. Section 75(1) of the Consumer Credit Act 1974 states; If the debtor under a debtor-creditor-supplier agreement falling within section 12(b) or (c)* has, in relation to a transaction financed by the agreement, any claim against the supplier in respect of a misrepresentation or breach of contract, he shall have a like claim against the creditor, who, with the supplier, shall accordingly be jointly and severally liable to the debtor. On condition the cash price of the item being supplied is over  £100 but not more than  £30,000 (including any VAT). (www.oft.gov.uk) *Section 12(b) and (c) refer to the type of transaction that must be involved for it to be applicable (and explain in explicit terms what each means) under Section 75(1) debtor -creditor-supplier agreements. Debtor-Creditor-Supplier Agreements occur when there is a link between the creditor and the supplier. For example a credit card transaction. Debtor-Creditor Agreements are not covered by Section 75(1) and this would be things such as a bank overdraft. An example of a situation on which this Act can be valuable is used later in the scenarios for the questionnaire and means in practice that if a valid purchase was made from a shop and that product broke through not being of sufficient quality, if that shop has ceased trading you would be able to claim through your credit card company as they are both equally responsible under the law and there has been a breach of the SGA 14(2). Consumer Protection (Distance Selling) Regulations 2000 ((2005) as amended) The Distance Selling Regulations 2000 replaced large sections of the Unsolicited Goods and Services Act 1971 in response to the growing number of other ways to conclude contracts when buying items, e.g. telephone, mail order etc. The Distance Selling Regulations are a Statutory Instrument (SI2000/2334) that makes EU Directive 97/7/EC law in the United Kingdom. The Distance Selling Regulations specifically cover the practices set out in Schedule 1 of the Regulations these are; unaddressed and addressed printed matter, letter, press advertising with order forms, catalogues, telephone calls with or without human intervention, radio, videophone or videotext, e-mail, fax and teleshopping. There was a now uncommon practice called inertia selling in which a salesman would send to households goods they had not ordered later followed by an invoice hoping that fear of reprisal for non-payment would see them pay the invoice. In fact, broadly speaking it is now that the goods can be treated, in certain circumstances, as an unconditional gift and kept without paying a penny. Although the recipient will have to be careful a court would not rule that he had accepted the goods by conduct as seen in Weatherby v Banham [1832] or with regard to services in Trinder Partners v Haggis [1951]. (Brownsword, 2009) This issue is specifically dealt with in Reg. 24. Another major regulation is regulation 7 this protects consumers giving specific details on what information must be transferred to the buyer by the seller for the contract of sale to be legal, these is to ensure the consumer knows exactly what is happening in a distance selling situation. Regulation 7 states; 7. (1) Subject to paragraph (4), in good time prior to the conclusion of the contract the supplier shall- (a) provide to the consumer the following information- the identity of the supplier and, where the contract requires payment in advance, the suppliers address; a description of the main characteristics of the goods or services; the price of the goods or services including all taxes; delivery costs where appropriate; the arrangements for payment, delivery or performance; the existence of a right of cancellation except in the cases referred to in regulation 13; the cost of using the means of distance communication where it is calculated other than at the basic rate; the period for which the offer or the price remains valid; and where appropriate, the minimum duration of the contract, in the case of contracts for the supply of goods or services to be performed permanently or recurrently; inform the consumer if he proposes, in the event of the goods or services ordered by the consumer being unavailable, to provide substitute goods or services (as the case may be) of equivalent quality and price; and inform the consumer that the cost of returning any such substitute goods to the supplier in the event of cancellation by the consumer would be met by the supplier. Regulation 10 sets out a customers and suppliers rights to cancel an agreement and gives specific examples of how this can be communicated and the timeframe that it needs to be issued within; these methods are; mail, fax and e-mail. Electronic Commerce Regulations 2002 The Electronic Commerce Regulations are a Statutory Instrument (SI2002/2013) that makes EU Directive 2000/31/EC law in the United Kingdom. Electronic commerce was specifically unregulated until the introduction of these Regulations in 2002. The European Union was acting to protect consumers in the still increasing area of internet shopping. There are four main regulations that give powers to and protect consumers. Reg. 6 like Reg. 7 of the Distance Selling Regulations gives specifics to what details must be communicated to the buyer to make a legal contract for sale. Reg. 9(1)(a) provides details of what must be provided specifically when communication and buying is by electronic means it states that; 9. (1) Unless parties who are not consumers have agreed otherwise, where a contract is to be concluded by electronic means a service provider shall, prior to an order being placed by the recipient of a service, provide to that recipient in a clear, comprehensible and unambiguous manner the information set out in (a) to (d) below- the different technical steps to follow to conclude the contract; whether or not the concluded contract will be filed by the service provider and whether it will be accessible; the technical means for identifying and correcting input errors prior to the placing of the order; and the languages offered for the conclusion of the contract. 9(3) states that terms and conditions must be made available to the consumer in a means of easy storage and reproduction. Regulations are different for when the seller and buyer are deemed to have entered into the contract of sale, somewhat surprisingly these do not occur at the same time. Reg. 11(2) states that a buyer is deemed to have entered into the contract of sale when they agree to or arrive at an acknowledgement of order screen Reg. 12 states that the seller has not entered into the contract until they dispatch the item that has been ordered and can cancel the item up until this point or offer to dispatch an alternative as per the Distance Selling Regulations Reg. 7(b) and (c) as previously seen. Items in a shop are an invitation to treat and therefore as long as the price is not deliberately priced wrongly a shop can change the price and refuse to sell it to you for the lower price. 70% of people thought they definitely could insist on buying at the lower price or would certainly argue their case claiming the law was on their side. The most common mistake was people misinterpreting store policy and goodwill as the law, therefore most consumers did not know the law in this area. When posed this question most people were aware that there was some sort of credit card protection in this area so they would not lose their money but nobody actually knew there was legislation regarding this and in a reverse of the first question, people mistook the law thinking it was just a marketing gimmick on behalf of the credit card companies. Nobody was certain they would lose their money with most either positive or mostly positive that the money could be recovered. People knew the law in this area but rather by default. Again a large proportion of people (70%) were insistent that as long as the product was in resaleable condition and had the labels attached there were entitled to an exchange, however there is no legislation surrounding this. Unless a product is faulty under the implied terms of the Sale of Goods Act 1979 there is no duty on the seller to exchange or refund your product not for cash or credit note. Again people had mistaken store policy for the actual consumer protection law, which calls into question whether there is enough distinction between what are your rights in a legal sense and what is store policy or goodwill. Pleasingly in this question 80% of people answered definitely no when asked this question. In speaking to people they knew there was legislation surrounding this and a few commented that they had been sent items in the past on