Thursday, November 28, 2019
The oil spill in the Golf of Mexico
Introduction The USA oil is drilled from the sea. This is done at the Gulf of Mexico. Considering that this calls for pipe connections to be able to distribute and get that oil to the people. The oil spill in the Gulf of Mexico was out of a leakage from one of the oil well. The oil spill was as a result of an explosion during the sinking of a new oil well in the Gulf of Mexico.Advertising We will write a custom essay sample on The oil spill in the Golf of Mexico specifically for you for only $16.05 $11/page Learn More A report by the government indicated that it was out of subsequence leakages due to ruptured pipes which resulted to an explosion. There was effort made to try and close the emergency valve which failed. The explosion consequently led to the sinking of an oil rig1. This caused an increased leakage of oil which was out of the hands of the engineers. Considering that the wells are made in the sea and there is a lot of pressure from the surrou nding waters it ought to be professionally done. This in its nature made the control of the situation more complicated. The spillage cover was extensive above 39 miles along the Mexican gulf coastline. Environmental impacts of the spillage Having three things in place, the leakage of the oil, the explosion and the sinking of the oil rig, this made a tremendous spread of the oil in the Gulf. Though efforts were made to clean out the spillage itââ¬â¢s less possible to wash the oil off the rock. In the gulfs the oil has spread and it is now floating into the wetlands. This is possible to holds toxins from this oil for years. The mangroves along the coastland which act as a filter to the coast waters are endangered in that the oil is toxic to them which will adversely affect these plants and all the inhabitants of the mangrove forest. This speaks danger to the wetland animals. Considering that this is their nesting periods that is the time for hatching and rearing. This means there m ight be an extinction of species which hatch in these wetlands and also the species that are only found in the Mexican gulf. Taking an example of alligators which are preparing to reproduce, their young animals will be put into contact with toxic oil. This will also forced move through the oily waters in search for food. The oil spillage will harm most of the sea animals present in the affected areas. They include the bird species which are aquatic, species of fish and turtles. The wetlands are favorable place for nesting which is the periods of reproduction and multiplication of the sea animals2.Advertising Looking for essay on ecology? Let's see if we can help you! Get your first paper with 15% OFF Learn More The burning of the oil in the sea to clew up the sea is a goods idea but somewhat it may not work especially if the oil mixes with water. It also a hazard to the environmental for it release a lot of carbon dioxide and other chemical in the air. This has been wh at we have been fighting in order to maintain the o-zone layer. This is not the best way out to cleaning the sea. Economic impacts of the oil spillage According to some of the officials of the state and those of the oil company it interpreted means loss of approximately 200 thousands jobs will represents $11 billion in the economy. The BP ought to compensate the families of those who died in the explosion as well as those who lost their way of earning a living. In additional to this the clean up will also cost. This is a lot of out put considering that there is no much input3. The people who have lost their jobs mean that they will have to streamline their expenses which have an impact on the general economy considering they are a large group of people. This great numbers that loose the employment may impose a big responsibility to the housing department especially in their effort to recover the house from most of these employees due to lose of their jobs. The spillage also locks ou t tourists from the beaches where they have enjoyed meaning reduced income from the tourism sector. The wetlands are high economy movers through local or internal tourism in the USA. The spillage affected the wetlands interfering with tourist site and a place of interest to sun worshippers. The wetlands are good sporting grounds with the spillage this closes out the accessibility of the wetland for sporting. The oil spill will automatically destroy the way of life of the commercial fishermen. The interference with the normal life cycle of the aquatic life brings about a generational gap which may result to other gaps in future. This would be a big blow to fishermen. This would be in response to the destruction of the Blue fin Tuna which are predominantly found in the Mexican gulf. It also includes the nesting young ones that die in the oil spills and those mature aquatic animals which are not able to salvage their lives. Conclusion Though effort was made to prevent the spillage from reaching the coastland; which is dominated by mangroves and a home for many aquatic animals and birds nothing much was accomplished. The environmental and economical impacts of this oil spillage are not only instant but they be felt even times to come. Bibliography Boosharticles. Mexican Gulf Oil Spill Threats Ecological System, 2010. Web.Advertising We will write a custom essay sample on The oil spill in the Golf of Mexico specifically for you for only $16.05 $11/page Learn More Rioux, Paul. Gulf of Mexico oil spillââ¬â¢s environmental impact expected to be profound, long-lasting. The Times-Picayune; 2010. Web. Young, Jennifer. The Potential Economic Impact of the Oil Spillage, 2010. Web. Footnotes 1 Boosharticles. Mexican Gulf Oil Spill Threats Ecological System. 2 Paul, Rioux,.Gulf of Mexico oil spillââ¬â¢s environmental impact expected to be profound. 3 Jennifer, Young. The Potential Economic Impact of the Oil Spillage. This essay on The oil spill in the Golf of Mexico was written and submitted by user F1sher to help you with your own studies. You are free to use it for research and reference purposes in order to write your own paper; however, you must cite it accordingly. You can donate your paper here.
Sunday, November 24, 2019
Must america exercise world leadership essays
Must america exercise world leadership essays MUST AMERICA EXERCISE WORLD LEADERSHIP? The issue of Americas role as a world power was brought on by the Cold War and the vacuum left by the Soviet Union after their collapse as a world power. The two views that are that are being looked at dont consider leaving weak countries to fend for themselves, they just have differing views as to how to handle a post Cold War world. The first view wants America to be the only super power and lead the fight for democracy, while the other wants to use other powerful countries and to share the responsibility in he same fight. William Kristol and Robert Kagan are the authors of the first article dealing with this issue. They see the ending of the Cold War as an opportunity to mold the world in Americas image. Shortly after the Cold War, the first Desert Storm showed our military capabilities. This period of time is looked at as the height of American influence on the world. The authors call this period of time a unipolar moment. Bob and Willy see this as the opportunity to march all the way to Baghdad and kick out Saddam; this was over ten years ago. They see Bush #1s failure to do so as the start of the end of this unipolar moment, and therefore the end of a good chance for a new world order to us. Even China was admiring our military power, and not posing a threat to us. After we let Saddam continue in his harsh ways of governing, other dictators then started to try to take over neighboring countries. Milosevic started his war on Slovenia and Croatia and North Korea started to produce nuclear w eapons. They had nothing to worry about because no one was there to stop them. China started to be belligerent towards the U.S. and they began to build their military powers. They blame the Clinton administration for dealing lightly with China. They think that he should have called for changes in their oppressive governments, and that he should have pushed had fo...
Thursday, November 21, 2019
Where Im writting from by Dereck Owens Assignment
Where Im writting from by Dereck Owens - Assignment Example Owens description of Lake Ronkonkoma initiates from the detail he goes into regarding the formulation of the lake, which was mainly from a mile high glacier called the Wisconsinan that bulldozed its way and reached Brookhaven after passing through Canada and New England. Warmer climates caused glaciers such as these to melt and retreat leaving behind detritus that geologists now call Ronkonkoma Terminal Moraine. This was how Lake Ronkonkoma, the freshwater lake came into being. Furthermore Owen describes Lake Ronkonkoma today as a working and middle class suburb, indistinguishable from a hundred other suburbs on the island; most of which spill into each other so that their boundaries seem visually intertwined due to no prominent sense of ââ¬Ëvillage limitsââ¬â¢. Therefore ones sense of boundaries comes not from any visual sense but from proximity to highways and strip malls. The Long Island Expressway that is located five blocks away from Owens house and he describes it as comp rising of a service road that incorporates 24/7 traffic with its extended HOV lanes so as to accommodate the rapidly growing and close to overflowing ââ¬Ëhigh occupancy vehiclesââ¬â¢. The detail with which Owen describes the Long Island Expressway is by looking at the HOV Lanes from the Ronkonkoma Avenue overpass located about 45 miles from Manhattan.
Wednesday, November 20, 2019
Privacy Philosophy Related to ID Theft Assignment
Privacy Philosophy Related to ID Theft - Assignment Example First of all, it must be noted that the above mentioned cyber crime has a considerable devastating impact on the victim. In spite of the fact that a person in not harmed physically, the cyber criminals might steal financial funds and make the social security number used for bad purposes which ultimately distorts the system of social security and does not allow the government to care after its citizens effectively. As for the companies that are involved in the ID theft directly or indirectly, one should point out that they experience negative influence as well. For example, it is beyond any doubt that a person would not be willing to use the services of a company that issued the debit card after the cyber criminals were able to steal the money from it. What is more important is that if the theft happened in the virtual environment, the companies which provided the software are likely to lose their reputation as well. There are several ways that a person might make sure that his or her ID is not stoles. One of the best ways is to change passwords frequently and contact the support team of different services from time to time. In this case, the criminals will see that a person actively protects oneââ¬â¢s privacy and are not likely to try to steal the data. However, the easiest way to prevent ID theft is to be careful while interacting with the virtual environment and use the services of the reliable companies.
Monday, November 18, 2019
DEMONSTRATION OF A CRITICAL UNDERSTANDING & AWARENESS OF PROJECT Essay
DEMONSTRATION OF A CRITICAL UNDERSTANDING & AWARENESS OF PROJECT MANAGEMENT ISSUES - Essay Example At present, it is quite difficult to find a project, in progress without Project Management, as it can be very catastrophic at the end with huge losses of time, money and reputation. Even the working environment is in complete disarray, with everyone being confused over the sequencing of the task. We all know that the road to success is not one without challenges; and there are factors of Project Management that, if not fulfilled properly, can cause hindrances and thus, failure of the project. Following are such factors along with their courses of action in a particular framework. Information is the most vital resource for the completion of a successful project. It is mainly concerned with detailed information about the required standards of the final product, the time given for its completion, and the budget available for the task. Information regarding the nature of every aspect of the project is very important for the correct choice of work force hired for that particular job, but still keeping budget constraints in mind. In the same way, you should have knowledge of places where you can extract the maximum out of the initially set budget when looking for the required equipment for the project. Lack of information can lead to a complete disaster of the project. ... For example, if you do not have information regarding the aim of the final product, it is impossible to manufacture a product that perfectly meets its purpose. Lack of information regarding the different constraints and details of the nature of the product can lead to a bad choice of human and material resources along with defective quality management. All these problems combined will create a product nowhere near the required one. Let us keep the BSI (2006): 6079-4 framework in consideration and go through it systematically with inadequate information. First, the feasibility of a project cannot be deduced correctly if you do not know the detailed nature of the product. Then, a slight change in the outline design of the project will start a chain of events disrupting the scheme and detailed designs too. This obviously causes defects in engineering and construction works and thus the desired product is not manufactured. (Structured PM and CW) Example: Figure 1: The Eden Project in Cornwall. "Building" (Rawlinson, 2006) The Eden Project is a recreational place in Cornwall now in its fourth phase of construction. It has been a success until now as it is a huge tourist attraction and an exceptional construction project being well within budget and time constraints. In fact, it was actually a milestone, as fine points from this project, were used in the development of the 'DLivering Success', a popular system that analyses the status of a project. The Eden Project is a huge success as the information fed into its framework was appropriate and complete. It had no missing feature either in its planning, sequencing or in designing. That is why it has a faultless design and is quite within the range of the available time and money. So now, we can see
Friday, November 15, 2019
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 à £50,000 car would be of substantially better quality than that of a à £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 à £100 but not more than à £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
Wednesday, November 13, 2019
A Comparison of the Mead-hall in Beowulf and The Saga of King Hrolf Kraki :: comparison compare contrast essays
Mead-hall in Beowulf and The Saga of King Hrolf Krakià à à à à à à Is the mead-hall mentioned only in Beowulf or is it an element common also to this famous Icelandic saga? Is the mead-hall described the same way as in Beowulf? à Remaining true to the Anglo-Saxon cultureââ¬â¢s affinity for mead (ale/beer/wine), the characters of Beowulf partake frequently of the strong beverage. And the mead hall is their home away from home, with more entertainments than just fermented beverages: ââ¬Å"gold and treasure at huge feasts â⬠¦ the words of the poet, the sounds of the harp.â⬠Needless to say, with ââ¬Å"the worldââ¬â¢s greatest mead-hall â⬠¦ Hrothgarââ¬â¢s people lived in joy.â⬠ââ¬Å"after a mead party the Danes â⬠¦ knew no sorrows.â⬠When Grendel ââ¬Å"moved into the [mead] hall,â⬠that is an indescribably torturesome pain for everyone: ââ¬Å"Hrothgar was broken â⬠¦ the Danes forgot God â⬠¦ [they were] in great distress â⬠¦ they wept and seethed.â⬠When Beowulf and his men arrive they immediately ââ¬Å"came toward the hall â⬠¦ then sat down on benches â⬠¦ pouring sweet drink.â⬠They came ââ¬Å"to cleanse Heorot [the mead hall],â⬠to stop the ââ¬Å"humiliations in Heorotâ⬠where men are ââ¬Å"over their ale-cups.â⬠Beowulf predicts: ââ¬Å"When I get done with him, anyone who wishes may happily go into the mead hall.â⬠Unferth, in his battle rune at Hrothgarââ¬â¢s feet, was insulting to the hero because Unferth was ââ¬Å"drunk on mead.â⬠When Queen Wealhtheow entertained the Geats, she first bid the king ââ¬Å"joy in his mead drinking,â⬠then ââ¬Å"went around to each â⬠¦ sharing the precious cup.â⬠When the hero began fighting the monster, ââ¬Å"many a mead bench â⬠¦ went flying.â⬠The next day the queen ââ¬Å"walked among the mead seats,â⬠and everyone ââ¬Å"drank many a mead cup.â⬠References to this subject are too numerous to enumerate. In the heroââ¬â¢s last days the fire dragon brought death to the Geats; the ââ¬Å"wine hallâ⬠was ââ¬Å"abandoned â⬠¦the surging fires burned his house, the mead hall of the Geats. That was â⠬ ¦ the greatest of sorrows.â⬠Wiglaf, in censuring the ten who deserted their chief, said, ââ¬Å"At the ale-bench he often gave you â⬠¦ helmets and armor.â⬠In this classic poem, can there be anything more vital or essential to joyful living, or to conducting business, than the mead-hall? à T. A. Shippey in ââ¬Å"The World of the Poemâ⬠(45) says: à Some objects in fact reach ââ¬Å"mythicâ⬠status ââ¬â most obviously halls.
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