E-commerce, Distance Selling Regulations Essay Example | Topics and Well Written Essays - 1000 words

E-commerce, Distance Selling Regulations - Essay Example This exclusion has been implemented by the Distance Selling Regulation 5 (1) (f).3.Auctions are not however excluded from the scope of the E-commerce Directive 2000/31/EC. 4. It seems therefore, that for purposes of the Sale of Goods Act 1979, an internet auction may be regarded as an 'auction', so that the consumer protection provisions apply to business sellers in internet auctions.5 The effect of this definition is that sellers of goods have to comply with the implied terms in sections 12 (title), 13 (sale by description), 14 (implied terms about quality and fitness) and 15 (sale by sample). According to Section 14(2) of the Sale of Goods Act 1979 " Where the seller sells goods in the course of a business, there is an implied term that the goods supplied under the contract are of satisfactory quality." Many issues arise in this context for example whether the provider of an auction platform is liable for the goods sold on his platform if they are not of satisfactory quality.What if the consumer is unable to locate the seller of the goodsHere Regulation 19 of the Electronic Commerce (EC Directive) Regulations 2002 would apply if the online provider merely hosted the website and would be immune to criminal liability where had no actual knowledge that the goods being sold on his website were not of satisfactory quality. The online provider would also be immune against civil liability where the auction provider does not have actual knowledge of the unlawful activities or information . So for example an auction provider would not be liable in damages for a goods which were defective unless he had actual or constructive knowledge of this problem.However the position would change if the Auction service provider has received sufficiently precise notice about the defective goods and does n ot stop advertising them.6 Also where a business seller engages in unfair commercial practices on an auction platform towards consumer sellers, Regulation 19 would not stop the Office of Fair Trading from taking enforcement action against the provider of the auction platform.The auction provider will also be subject to the Unfair Contract Terms Act 1977 and the Unfair Terms in Consumer Contracts Regulations 1999. Consumer to Consumer Transactions Last but not the least Section 14 does not apply to consumer to consumer sales although the advent of online bidding has increased the complications caused by such transactions. For example the EBay system has blurred the difference between sellers and buyers with its simplified selling arrangement. ________________________________________________________________ Critically consider the application of the Distance Selling Regulations in the context of contracts made using e-mail or through a web-page. This question requires the discussion of the UK Consumer Protection (Distance Selling) Regulations which came into force on 31 October 2000 and implemented

My View of Adult Learning Essay Example | Topics and Well Written Essays - 1500 words

My View of Adult Learning - Essay Example For example, I was able to learn numerous, different factors that are the driving forces behind these individuals’ drive for education achievement. Additionally, I also learned about some of the many factors that can distract or affect negatively the process of adult learning. It was clear from these course materials that adult learning is based on andragogical model of learning. This model is build upon the assumptions that adults have a need to know and learn adults also have a need to be learners who are self- directed and a need to have a self- concept that reflects that they are responsible for the decisions that they make. Therefore, adult learning programs are special as they are designed in such ways that allow them o set goals by themselves and organize their learning around the responsibilities each has as an adult. More specifically, I can relate my journey in education to the course content material of unit one. I am an adult learner who just recently went back to school, and traditionally my daily routines and responsibilities would not have fit with my education program. This is because my education would have a conflict with my responsibilities such as taking care of my family, and eventually one of the two would be neglected. However, with such programs as online education, I am able to satisfy all of my responsibilities. ... Up to now, this unit has taught me that the many challenges that we face as adult learners are as a result of some of the factors associated with adults going back to school and taking up education once more. My Current View of Adult Education Much of the view and thoughts I have on adult education currently are derived from my course content of unit two. As I went through the assigned content for unit two, I was able to learn numerous things about adult education I did not know of, and I was surprised to find out that there are numerous theories on the processes through which adults learn. Before hand, I was only familiar with the theory on adult learning by Knowles called the Andragogy theory, and with my limited knowledge I had assumed that this was the only theory through which adult learners like myself and my colleagues learned through. To my surprise, I became familiar with other adult learning theories such as the theories by such individuals like Jarvis, McClusky, and Illeri s. All these theories were in one way or the other related to the processes and styles through which I was able to learn and also related to many of my learning style methods. However, I was able to realize that my learning style methods were more related to the McClusky model or theory more than the other theories. This particular theory argues that there is always a constant need for one to strike a balance between the energy they need and the energy that is available to them. I thought this theory was more related to me because I had many facets in my life that struggled for my attention such as my children, work, friends, church, and even my

Effectiveness of higher education Coursework Example | Topics and Well Written Essays - 2250 words

Effectiveness of higher education - Coursework Example The metrics of measuring or appraising the effectiveness of higher education are vast and essential. Higher education is perceived as any post-secondary school education which aims at modeling students to be professionals in various fields of interest. In order to measure the effectiveness of higher education, specific variables are considered based on their roles and the influence they have on both students and the institutions. In this synthesis essay, identified are sources that provide in-depth analysis of how effectiveness in higher education can be achieved. Additionally, the sources show how difference variables are deployed in various higher education settings and how efficient they make higher education. Among the factors considered in this case include productivity, effectiveness, unit cost, and efficiency. With reference to the productivity, efficiency and effectiveness, there are various perspectives that influence how each of these properties of higher education can be u sed to measure the overall effectiveness of the education system. While different sources provide varying arguments regarding how effective higher education is, a universal element is considered in most of these sources. Technology is mentioned in various sources as a factor that influences the effectiveness of higher education. This synthesis essay seeks to agree while at the same time offering a different perspective since most sources are peer-reviewed and offer quality appraisal metrics regarding the effectiveness of higher education.

Economics and Government Assignment Example | Topics and Well Written Essays - 750 words

Economics and Government - Assignment Example The market only stabilizes where demand is equal to supply and an equilibrium price is determined. Many sellers meet and each produces what he/she is best at hence quality goods are sold by willing sellers to willing buyers at an agreed price (Harford, 61-65). Q2: What does Harford mean when he says that in competitive markets, "Things are going to the right people†? In a competitive market, there is free allocation of resources although the consumers are the ones who determine how resources are to be allocated through their purchasing power. All the players in the market have a self interest; the producers maximize profits, the owners of factors of production get rewards, while the consumers get maximum utility. The consumers demand goods thus forcing producers to produce the goods and the producers in turn allocate factors of production in the production process. All the players in the market thus get what they deserve; profits, rewards, and utility. The buyers get what they can afford based on their income and wealth (Harford, 61-79). Q3: When Harford talks about the absence of a market for schools, he argues that people find a way to trade in access to schools---they use the property market. Does this mean that, in fact, there is a market for schools, and that we should expect provision of schooling to be efficient? Provision of education is not profitable to businessmen hence there is no market for schools. However, where property market is thriving there is establishment of schools as businessmen cater for their needs or arising out of economies of scale. The workers who work in those properties require education hence more schools are established for easier access. There is market for schools but they are underprovided hence government intervention is needed to ensure all citizens have access to schools especially in poor areas where no industries exist. Q4: What is an externality? Give an example of an externality, and show how its presence makes the price of an activity diverge from the cost of the activity. An externality is an unintended consequence that results from production and consumption in the market thus affecting others not directly involved in the process. For example, the consumption of demerit goods such as cigarettes gives the individual satisfaction but affects the health of others who inhale the smoke. This is an additional cost to the society which is not included while determining prices in the market hence the price of the activity is lower than the actual cost of the activity (Harford, 79-108). Q5: What is a positive externality? Give an example of one, and show how in "complete, free and competitive markets" (to use Harford's phrase), too little of this good would be produced and traded. A positive externality occurs when consumption or production of a good is beneficial to other members of the society who are not involved in the transaction such that the social cost is less than private cost. For exam ple, research and development is beneficial to all. This means the producer engaging in research and development incurs high costs and in a free market, other producers will benefit from information or ideas generated from this research to improve their products. It therefore discourages producers from investing in research since the private cost is higher than social cost. More of the product will thus be needed than is available in the market. Q6:

Discuss, with reference to relevant academic literature, how a tax Essay

Discuss, with reference to relevant academic literature, how a tax system might be designed to combat avoidance and evasion - Essay Example Tax evasion and avoidance have become common and is raising concerns over the effective funding of government administrative functions. It is therefore imperative that the government develop strategies that would help it reduce the cases of tax evasion and avoidance as this is eating into the country’s financial policies. People who deliberately avoid tax by hiding their wealth and income tend to pose a great challenge to the society. In the country’s effort to adjust the economy and eliminate the balance of payment deficit, it is essential to detect and follow up tax evaders and ensuring that they pay up. The world is currently experiencing technologically-driven transformation in the way business is done. The private sector is a pioneer in technology application in daily business operation including honoring of tax obligations. It is therefore advisable that the government need to seek collaboration with the private sector to develop a workable technologically driven mechanism of curbing the tax evasion menace. One of the greatest challenges is the range of data available. The government need to formulate a legal structure that is able to capture the property and assets of various entities in the country so that it can easily close down on the tax avoiders. This may be achieved through the use of sophisticated technology to analyze the purchase of property, bank loans, individual and corporate tax returns (Koniordos, 2005). The government may also target bank accounts and the employment data with the aim of identifying asset property, mark and trace financial transactions that raises suspicion and point out those who are trying to keep their wealth and income off the sight of the authorities with the aim of evading tax. Incorporation of technology in implementing tax policies also means that resources will be freed and skilled manpower from the private sector will enhance chances of rounding up tax evaders. Past records indicate that by 2010 rev iew of the UK government’s spending, over ? 900 million to attempt to solve the problem of tax avoidance, evasion, economic fraud through increasing the size of the human capital base on this issue, invest in more skills, increase the use of data from a third party and consistently develop mechanism of tackling the slippery tax evaders and the hidden wealth. By 2012, the government stepped up its campaign of challenging the citizens to honor the tax obligation in the spirit of boosting economic growth for the general welfare of the society. The efforts of the government to apply various tax policies have always been ineffective and this explains why further remedial measures are needed. The governments of UK has been making many efforts to exploit the opportunities offered by the available data and modern technology to unveil the hidden wealth and income and to hasten its efforts in curbing tax evasion. One of the approaches that can yield better results is curtailing offshor e banking fraud that is one of the greatest loopholes of tax evasion. The government need to access data with the aim of identifying linkages of such foreign accounts to some people. If the account holders are found out they should be compelled by the government to pay interest on top of taxes so far unpaid as a penalty. The actions that are important to recover such unpaid taxes entails co-ordination with foreign countries’

The Constitution and Problems of Interpretation Formalism vs Realism Essay

The Constitution and Problems of Interpretation Formalism vs Realism - Essay Example Although it has declined, it still continues to be influential in how the law is looked at (Tamanaha, 2009). Conversely, legal formalism is a rule and law-based perception of decision-making. According to this law, judges base their decisions on whatever the law says as opposed to what the law must be. This was the widespread view in the early on years and still is perceived by many as the appropriate way of deciding cases. While observing the constitutional law, legal formalists have the perception that it should be construed by its original implication (Tamanaha, 2009). Present day legal formalism is especially prominent within two parts, constitutional law together with statutory interpretation (Tamanaha, 2009). According to the constitutional law, formalism is integrated with â€Å"originalism,† the perception that the constitution has to be interpreted in concurrence with its â€Å"original meaning.† Conversely, within statutory interpretation, formalism is integra ted with the â€Å"plain meaning† theory whereby the statutes have to be interpreted in order that the words and phrases contain their ordinary denotation (Tamanaha, 2009). Plain meaning methods also are integrated with the perception that the legislative history must not be used, particularly if it would end up in an interpretation, which varies from the statute’s text. ... Other realists contend that judges must sometimes invalidate statutes depraved policy or establish judge-made rules thereby serving the ends of upright policymaking. It is easy seeing how realists are capable of criticizing legal formalism. In an instance whereby a formalist judge adheres to the statute’s plain meaning, that might result in its application even in instances where it will be harmful and converse to the intents of its drafters (Tamanaha, 2009). Moreover, other realists contend that legal formalism was, in fact, fraud; apparently, judges do not adhere to the plain meaning, rather, the so-called formalist judges decided on the basis of their own policy inclinations and then dressed up the outcomes in the language of legal formalism. Although ideology performs the work, it is the responsibility of legal formalism to ensure that it looks pretty (Tamanaha, 2009). In spite of the realist critique, of late, legal formalism has been formulating a comeback. The main reas on for the rejoinder is the realization that intense versions of realism make it extremely difficult to understand what the law is according to the decision of a judge regarding a certain case (Tamanaha, 2009). The point of hard law, i.e. determinates legal rules that draw comparatively â€Å"bright lines†, is that they give certainty, stability and logic to the law. Purposes present less guidance, and there is a possibility of various judges having different views concerning what the true objective of the rule might be (Tamanaha, 2009). These two points of views are at conflicting ends of the legal scale; in one perspective, with legal realism, there are

Hear My Cry Essay Example for Free

Hear My Cry Essay Big Ma took Stacey, T. J. and Cassie to Strawberry to the market and also to take T. J. to the Barnetts Mercantile. While they were in the market field Cassie pointed out to Big Ma that they were all the way at the end of the field and no-one would be able to see them. The white peoples wagons were right at the front and if anyone wanted to come to the Logans wagon, by the time they got there they would have bunions on their soles and corns on their toes. Additionally in Strawberry, when Cassie was in the Barnetts Mercantile Mr Barnett was taking a long time to see to T. J. s list. He kept on going to help white people and then came back and didnt even put in another item when he started to help a little white girl. When Cassie saw this she became slightly angry and thought Mr. Barnett had forgotten about T. J. s list. Cassie went to tell Mr. Barnett of T. J. s list and tugged at his sleeve. He recoiled and told her to wait. Then she got even angrier and told him that he had taken ages for their turn. Thats when Mr Barnett screamed, Whose little nigger is this? Stacey dragged Cassie out of the store and told her to shush. Mr Barnett was not being fair to the children and was treating them horribly. Once Cassie was outside she accidently bumped into Lillian Jean. She didnt want to create a fuss so when Lillian Jean asked her to apologize she did. But Lillian Jean wanted more; so she ordered Cassie into the road. Of course Cassie wasnt going to do that. When Lillian Jean went to grab Cassies arm, Cassie pulled it back but someone caught it and held it tight so it hurt. This was Mr Simms. He shoved her into the road and Cassie fell on her bottom. He told her to listen to Lillian Jean when she asked Cassie to get in the road. He asked her to apologize and Cassie said she had. When Mr Simms jumped into the road Cassie got really scared and thought her would hit her but he didnt. Then she got up and ran to the wagon but somebody caught her, it was Big Ma. Then Big Ma told Cassie to apologize but Cassie still argued. Once again Big Ma told her and this time Cassie did. But Mr Simms demanded her to say Miz before his daughters name. And with a painful tear Cassie did. You can tell how upset she was because in the book it says; No day in all my life had been as cruel as this one. Lastly, in the final chapters T. J. had become friends with R. W. and Melvin. But the Simms boys used this to their advantage. They would laugh behind T. J. s back but not in front of him. Then one day they forced him to break into the Barnetts Mercantile and stole the pearl handle pistol. Also Mr and Mrs Barnett were left for dead. T. J. got all the blame and the Simms stood there watching when the Wallaces came for T. J. , T. J. got sent to jail and was to go to court while the Simms boys were left free. In conclusion, all white people had superiority over the black community. They didnt treat them with respect, except a few (example; Jeremy and Mr Jamison). Blacks had to call white people Miss or Mr. And white people made the law not blacks. They could hang a black for any reason, or no reason at all and no questions were asked. Black people were treated unfairly and unjustly. Saimah Sarwar 10a English GCSE Coursework Roll Of Thunder, Hear My Cry. Show preview only The above preview is unformatted text This student written piece of work is one of many that can be found in our  GCSE Mildred Taylor  section.