Wednesday, June 5, 2019

The Inbound Tour Operators

The Inbound Tour OperatorsMass Market tour operators have dominated in the outbound commercialize for years, with the rise of holidays foreign becoming more and more popular since the end of the Second World War. Thomas Cook, Thomson and first-year Choice ar examples of mass market tour operators. Thomson and First Choice belong to TUI, these are known as mass market tour operators as they sell/sold holidays that appealed to the majority of holiday makers. Some of the big mass market tour operators have diversified in now offering more specialised products such as safari and skiing.TUI AG is the largest tour group in the world Thomson belongs to TUI and is a travel agency as well as having its own airline. First Choice is another travel performer that has its own airline, which belongs to TUI.TUI travel was formed in 2007, with the merger of TUI their existing distribution, tour operators, air-lines and destination groups with First Choice Holidays Plc.TUI travel is the majori ty shareholder of the company and is listed on the capital of the United Kingdom Stock Exchange. They operate in 180 countries world grand, making TUI the leading tour operator within Europe to become this they pass on a wide and varied service for over 30million customers. TUI is a British based company, with their head office in Crawley, West Sussex, not too far from Gatwick Airport maven of the UKs busiest international airports.TUI has over 200 different brands to over, over 140 aircraft and 3,500 retail shops across Europe, employing approximately 50,000 employees.TUI is separated in too four celestial spheres of business, covering tot eithery 200 plus brands, these areMainstream specialistActivityAccommodation and conclusionsThe mainstream sector is the largest of the four sectors in size, operating profit and the number of employees. The 3,500 retail outlets through-out Europe, providing over 25million customers per year, with package, self-package, solarise and beach h olidays. This sector operates over 140 aircraft to a wide variety of destination through-out the year, incorporating a large number of high street retail stores.The Specialist and Emerging Markets sector includes 40 specialist tour operator companies, providing and selling tour destinations to a smaller demographic, this sector is becoming more popular as the great unwashed are starting to spread away from the usual package beach holiday. Specialist travel and emerging markets are places such as tours in North America, Europe and further afield such as China and Russia, the emerging markets that have not been popular in the past due to inaccessibility. This sector also provides escorted tours to the Galapagos, around-the-world trips and student gap years to Australia for example.The Activity sector is designed in providing customers that are seeking adventure or active holidays unique tours or packages to suit them. These specialised tour operators operate in the marine, adventure, ski, student and sporting segments, for example hiking in Kilimanjaro, polar expeditions, skiing in Canada and chartering yachts in the Caribbean.The Accommodation and Destination sector provides on and offline accommodation and destination services worldwide selling accommodation directly to the customers through online hotel booking sites, such as Laterooms.com Hotelpedia.com and Asiarooms.com. It also provides accommodation, transfers, excursions and a destination agencies portfolio to tour operators, travel agents, cruise lines and other corporate customers.Thomas Cook is another example of a mass market tour operator. As with TUI, Thomas Cook has travel agencies, airlines, hotels and tour operator Club 18-30. In 2007, Thomas Cook merged with MyTravel this was to cut costs a predicted 75million per year salvage and to combat competition from the low-cost airlines and web-based travel agents, that are on the rise in where customers are buying their holidays from.All tour operato rs that offer air inclusive packages are required by law to have an Air Travel Organisers Licence (ATOL). This protects customers from losing their money and/or being stranded abroad if something was to happen to the flights. ATOL is managed by the Civil Aviation Authority (www.caa.co.uk)Specialist Tour OperatorsSpecialist tour operators cater for niche market holidays, they specialise in particular destinations and/or in a particular product. For example Journey Latin America specialises in the particular destination of Latin America (www.journeylatinamerica.co.uk) and Active Diving specialise in Scuba Diving holidays around the world (www.activediving.co.uk).Journey Latin America (www.journeylatinamerica.co.uk) specialises in holidays to Latin America some of the destinations they include areAntarcticaArgentinaBelizechili pepperCubaCaribbeanEl SalvadorThe Galapagos IslandsThe Falkland IslandsGuyanaPeruMexicoNi autoaguaVenezuelaThey provide a wide variety of different types of holi days for a wide cheat on of different markets. The types of holidays available areTailor-Made ToursSmall sort ToursValueActiveBeachWildlifeExpeditionHoneymoonResponsibleFamilyLearn to (learning a new skill)CruiseJourneyLatinAmerica markets to everyone, with holidays suitable for low-budgets to the higher budgets, family holidays to romantic honeymoons.Wildlife holidays with JourneyLatinAmerica offers the traveller a vast array of wildlife and birdlife to see, from giant tortoises to llamas to sloths and penguins, all depending which coun get wind has been chosen to go to, there is the added advantage of there being the largest rainforest, driest desert to the longest mountain range and biggest river within the territories of the holidays available.There is plently of advantages of travelling with a smaller, specialised tour operator, the service is more personal and the smaller operators tend to have more of a choler for the area they specialise in. Smaller operators are experts in their destination, enabling them to give first-hand advice and recommendations to the holiday maker. They also have more care towards to the places, the people and the environment and try to minimise the negative effects of the holiday.Inbound Tour OperatorsNot only is there tour operators for outbound tourists, either specialised or/and mass market there is also many tour operators for inbound tourists, specialised and/or mass market. These tour operators specialise and cater for inbound tourists to the UK from many different countries. They provide tours and holidays in many different languages and for different budgets. One example of an inbound tour operator is British Tours.British Tours (www.britishtours.com) specialise in tours of Britain. They provide tours to all size groups, from private groups up to 7 persons by car with their own guide to larger groups by mini-bus or coach, with own guide. All prices are per car not per person. Tours are available in most languages, a t an extra cost including French, German, Spanish, Russian, Italian, Japanese and Chinese. Tours are suited to individual travellers, families, people with special interest, people with special needs and anyone who wants the freedom to travel at their own pace with their guide to help and inform. The tours of Britain cover the main tourist attractions and sites the more famous to the lesser known authentic tourist sites all with guide that are local to the area with a vast knowledge and interest of the particular site. Some of these tours are Stonehenge at Dawn, Legal London, kick up Potter and Englands Gardens.British Tours offer private day tours leaving London as well as personally manoeuvre tours of Scotland, Wales and England, special interest tailor-made tours. They also provide European destination tours, such as Paris, Normandy Beaches by private plane and private bus tours of capital of Italy and Italy.British tours work with 100s of travel agents worldwide, as well as ma ny UK companies for sightseeing, ground-handling, interpreting and corporate entertainment within the UK. British Tours is a member of the London Tourist Board, the British Incoming Tour Operators Association, The Society of the Golden Keys and the American Society of Travel Agents.An example of a tour and costs with British ToursHarry Potter Tour includes the locations where the Harry Potter films have been made, including London, Oxford and Gloucester. Oxford and Gloucester tour only (not including the London sights) for up to 7 people taking roughly 10 hours to collar would cost 655 per car price includes private car and guide, collection and return to hotel anywhere in London entrance and meals are not included in the price. These tours are also available in most languages.

Tuesday, June 4, 2019

The Objectives Of Cisco Networking

The Objectives Of Cisco NetworkingWelcome to the Cisco Networking Academy program This is the first of four courses designed to fork up classroom and laboratory experience in current and emerging networking technology, and to dish out prepargon for certification as a Cisco Certified Network Associate (CCNA). This curriculum presents a countywide overview of networking from fundamentals to advanced applications and services. It is based on the top-down approach to networking that is popular in many colleges and universities. The course emphasizes concepts and achievements call ford to design networks, while providing opportunities for practical application and hands-on experience by t to each oneing students how to inst tout ensemble, operate, and maintain networks.II. ADVISORY PREREQUISITECIS 120, CIS 190, A+ Certification, or one year industry experience.III. COURSE GOALS AND OBJECTIVESThis course introduces the architecture, structure, functions, components, and models of the Internet and new(prenominal) calculating machine networks. It uses the OSI and TCP layered models to examine the nature and roles of protocols and services at the application, network, data link, and physical layers. The principles and structure of IP addressing and fundamentals of Ethernet concepts, media, and movements are introduced to provide a foundation for the curriculum. Labs use a model Internet to allow students to analyze real data without affecting production networks. packet boat tracer bullet (PT) activities help students analyze protocol and network operation and build small networks in a simulated environment. At the block off of the course, students build simple LAN topologies by applying basic principles of cabling performing basic phases of network devices, including routers and switches and implementing IP addressing schemes.By the end of the course, students result achieve the following objectivesGiven a LAN/WAN configuration scenario, students ordain be able to limn the basic concepts of how data networks and the Internet support business communications and e preciseday activities. (a, b)Describe the basic networking processes used to kick the bucket crossways Local Area Networks, Wide Area Networks and the Internet. (a,b)Operate basic networking devices and services used to support communications across an Internetwork. (c,d)Describe the layers of communications in data networks using the 7-Layer OSI and the 4-LayerTCP/IP models. (a,b)Describe the role of protocols in data networks. (a,b)Describe the importance of addressing and naming schemes at the following OSI Data Link, Network and screening layers. (a,b)Describe the protocols and services provided by the Application layer in the OSI and TCP/IP models. (a,b,d)Describe the functions and features of the Transport layer protocols and services. (a, b)Describe the functions and features of the Network layer protocols and services. (a,b)Describe the fundamental concepts of ro uting that occur when a packet is forwarded from its source to its destination across multiple networks. (a,b)Design, calculate, and apply subnet masks and IP addresses to meet network design requirements. (c,d)Describe the operation of the OSI Data link layer protocols by explaining how data link frames communicate between networking devices. (a,b)Describe how the OSI Physical layer protocols and services transfer data bits across data networks. (a,b)Describe fundamental Ethernet concepts such as media, services, and operation. (a,b)Apply basic cabling techniques to connect various types of networking devices to meet prescribed network design topologies. (c,d)Build a simple Ethernet network using routers, switches, and network hosts. (c,d)Establish local and remote terminal connections to Cisco Networking devices using Terminal Emulation programs. (c,d)Use Cisco command line interface commands to configure and ascertain basic router and switch operation. (c,d)Analyze the operation s and features of common Application layer protocols such as HTTP, DNS, DHCP, SMTP, Telnet, and FTP.(a,b,d)Use common network utilities to verify local area network operation and analyze data traffic. (c,d)Method of Evaluation (Measuring Student Learning Outcomes with Representative Assignments)Chapter exams that measure each students ability to limn and appropriately use networking technology concepts and terminology to describe networking processes, protocols, functions and features.Comprehensive net exam that measures each students ability to synthesize and apply course concepts to a mixed bag of networking scenarios.Comprehensive skills exam that measures each students ability to practically apply network, design, configuration and hardware connectivity techniques to LAN environments.Lab exercises that require students to apply course concepts and skills in secern to implement LAN solutions, compute IPv4 network addressing to network problems defined by the instructor, and c onnect and configure LAN devices.IV. TEXT, MATERIALS AND ONLINE WEBSITECisco Network Academy Website http//cisco.netacad.net instructors Website http//www.cuyamaca.net/cis/cisco chalkboard http//bb.gcccd.edu/webapps/login/Network Fundamentals course Network Fundamentals, CCNA Exploration Companion GuideISBN-10 1-58713-208-7, ISBN-13 9781587132087, Publication ensure October 2007Network Fundamentals, CCNA Exploration Labs and Study GuideISBN-10 1-58713-203-6, ISBN-13 9781587132032, Publication Date October 2007Recommended Texts (not required)Not required as you are encouraged to print all of the assigned labs directly from the assignments listed in Blackboard.MaterialsRemovable media (thumb drive, floppy)A sectioned three-ring binder with theme for note takingV. COURSE SPECIFICSAttendanceThis Self-paced open entry-open exit program requires students to complete a minimum of 48 classroom hours in the presence of an Instructor to meet academic standards. Self-paced education places a dditional responsibility on the student for success. Irregular attendance and lack of participation are key factors in determine poor student performance. The greater the amount of time and effort applied by the student, the greater the opportunity for success, rapid advancement of knowledge, and advancement through the program. Students provide be expected to manage their attendance with the goal of completing at least one Cisco Semester during a Cuyamaca College Semester. Higher goals of completion are very possible and will be supported. If you have questions about recommended progress rates, please ask the instructor for guidance.Dropping the ClassIt is your responsibility to withdraw from class. All students who are enrolled at the end of the course must be given a letter grade. Students who stop attending and do not officially withdraw will be receiving an F. See the IMPORTANT DATES section below for drop deadlines. A W cannot be awarded after the Last day to drop CIS 201 dea dline.AssignmentsAssignments for the class are divided into the following groupsReading Assignments (Cisco Netacad or textbook)The material for this course is available on the Web. The reading assignments should be completed before the beginning of class. Most students will spend and average of ten hours per workweek reading the material. Some chapters may take more than one reading to understand. Students are responsible for all scathe and concepts in the chapters covered.On-Line Module Exams (Cisco Netacad)All exams are administered online, and enabled only after the topic has been completed. There are ten (10) online module exams and a comprehensive final exam. Module exams can be taken at any location (home, work, school) but may not be repeated. The comprehensive final must be taken at school during normal class hours.Subnetting Practice tests (Blackboard Assignments Chapter Folders)Subnetting is one of the most key skills to acquire in the first semester of Cisco. Subnet ting is also a skill that requires a lot of practice to master. There will be short subnetting practice test in Blackboard for each chapter. Students may take each practice test up to 2 times with the highest score used for final grading. Students are responsible for seeking additional help from an Instructor or Tutor if their test result is not satisfactoryLabs and Packet Tracer Activities (Blackboard Assignments Chapter Folders)The hands-on labs are an important part of the Academy. Students may work together in small groups. Content for the skills-based final will be directly drawn from lab assignments, worksheets, and other course material so understanding lab assignments is an important part of passing the course. You are encouraged to complete as many additional labs as you wish as well as working all of the interactive labs found in the curriculum. Labs and Packet Tracer Activities submitted after the corresponding module exam has been attempted will not be graded. Additio nally, Labs and Packet Tracer activities submitted more than two weeks after the corresponding Chapter lecture has been presented will not be graded. Contact the instructor of record to arrange any adjustments regarding Lab and Packet Tracer deadlines prior to deadline date.Skills-Based Final, On-Line Student Survey, On-Line Final Exam (Cisco Netacad)A skills-based final and an on-line final exam will be administered the end of the course. The online final exam will be comprehensive and all students must pass the online final and the skills-based final to pass the course (both Skills Based final, and Online final require 60% or above for passing), to be eligible for CCNA2. All labs, on-line chapter tests, and the skills-based final must be completed before you may take the online comprehensive final exam. The online comprehensive final may be repeated once for scores below 60% on the first attempt, however, the average score between the two attempts will be used in final grade cal culations for grades submitted to Cuyamaca. Due to the number of students and the resources required for the skills based final, students will be required to memorandum a time to take their skills based final. A sign-up matrix will be posted 1 week prior to the skills based finals. Cisco requires that the CCNA 1 on-line survey is completed before receiving a grade in the course. Incomplete grades are not allowed.Grades will be assigned as follows reach% PointsGradeINSTRUCTIONAL FACILITIESOnline Chapter Exams1093.4 100AClassroomSubnetting Worksheets Tests1590.0 93.3A-LaboratoryLabs and Packet Tracer Activity2586.7 89.9B+Personal computer for each studentFinal Exam (comprehensive Skills Based)2583.4 86.6BAppropriate course softwarePractice Final580.0 83.3B-Final Exam (Comprehensive Online)2076.7 79.9C+70.0 76.6C60.0 60.9DF IMPORTANT DATESPlease refer to the appropriate official Cuyamaca College document to insure compliance with any College deadline. Spring 2010 Semester Ja nuary 25, 2010 to June 1, 2020February 5Last Day to Receive a Refund for Semester-Length ClassesFebruary 12 15Holiday (Presidents Day workweekend Friday, Lincoln Day Monday, Washington Day)March 29 April 2Spring RecessApril 23Last Day to Drop Semester-Length ClassesMAY 13 1000 pmAll Labs, Packet Tracer activities, and Subnetting practice tests dueMAY 20 1000 pmAll Skills Based Finals must be completedMAY 25, 26, 27Comprehensive Online Final mental testing DaysMust be completed by 1000 pm May 27Spring 2010 CIS 201 ScheduleWeekCCNA 18 week Schedule Chapter Reading16 Week Schedule Chapter ReadingLabs Packet tracers due(Thursdays 10pm)Additional topics18 Week schedule16 Week schedule binary program and Introduction21 21Binary Conversion Addition33 42Binary Combinations45 631 21Network Addressing57 843 42Subnetting69 1055 63Subnetting71167 84Subnetting879 105Subnetting98116VLSM1097VLSM11108VLSM12119VLSM1310VLSM14All Assignments Due1115Skills Based Finals16Online Finals

Monday, June 3, 2019

Selected consumer rights

Selected consumer rightsIntroductionThe integrity is complex in all situation whether it is a alley traffic offence low(a) the strict liability rules or a serious manslaughter charge under the criminal law.The argona of consumer justification law is no different and is complex with lawmaking coming from many different sources, statute, common law and EU Directives to name just three sources.For shell, Silberstein, 2007, argues that all(prenominal) consumer trans action mechanism is establish on law of incur, and so technically every consumer should understand the basics of mother law before moving on to understand the special rules and statutes supposeing consumer law. This is a complex atomic number 18a for any undergraduate to understand and in that respectfore an ara that about consumers, e.g. the elderly, would find extremely difficult to understand.A consequence of complex consumer security department legislation is commented on by Marsh in his 2008 book Consu mer Law. Many hatful do non k this instant their rights when encountering problems at the point of sale or after (p.7)HypothesisInitial research has led to the closing curtain that consumer law is complex and because of this few consumers and businesses actually understand it fully and therefore some clippings customers and therefore businesses are applying the law wrongly. This upchuck aims to look at this in detail and to prove if the hypothesis is stranded or non.The main purpose of this report is to first chance upon 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.RationaleThis project forms give way of the third and final year BA (Hons) Business care (Legal Studies) degree at MMU Cheshire and is therefore a substantial reason for completion of this project. However over the get over o f the legal studies program many topics nourish been examine 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 sell and selling consumer law was a topic that captured my imagination, it is unlikely that anybody leave behind have not come into contact with it, knowingly or unknowingly, for example a contract is made for the simple secure of a loaf of bread and is therefore has an impact on every bodies life.Research MethodologyHaving 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 considered as the main consumer laws in the UK. Having done this and using the akin research a more in depth explanation of these laws will be written, providing practical examples, possibly through primary research to aid their understanding. autochthonic research w ill be apply in the form of a questionnaire to attempt to ascertain what knowledge general consumers and businesses have of the law using role studies and a Likert Scale answering system. The data will be collected from 20 consumers and 10 businesses. Primary data will be exclusive and skipper for this task because the questions thunder mug be tailored to my peculiar(prenominal) of necessity and will as well ensure direction over the integrity of the data ensuring a decorous cross section and sample of society is used. Secondary data would be unsuit fitted as it is unlikely someone has already conducted the exact research that is mandatory 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 ass up the findings.Finally using all the primary and secondary data garner 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 primarily research.Aims and ObjectivesTo 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 amaze 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 achievement 1979 partial Contract Terms Act 1977Consumer apology Act 1987Consumer Protection (Distance Selling) Regulations 1999Electronic Commerce Regulations 2002General Product Safety Regulations 2005Consumer ascribe Act 1974 big money Travel, Package Holi eld and Package Tour Regulations 1992Food Safety Act 1990Consumer Protection (Unfair Trading) Regulations 2008As has been established the general law of contract gives some protection. Silberstein nominates 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 sales event of Goods Act 1979 (SGA) as this covers almost every consumer transaction that takes place. Marsh, 20089, says, The major area of law which supports and assists consumers is the Sale of Go ods Act 1979. This Act governs all transactions where goods are transferred for a value. By way of further subscriber line if goods are swopped or exchanged then the goods are covered by the Supply of Goods and Services Act 1982, barely if any amount of cash is tough no matter how small then the Sale of Goods Act 1979 will apply.The SGA covers any transaction where goods are transferred for a harm but what statutes and regulations protect consumers in relation to how you pay for those goods? Transactions that are enough increasingly popular much(prenominal) as procure by reliance card or hire purchase jibement? The answer is the Consumer commendation Act 1974.Indeed, Broomfield, 200753, 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, edges and enforcement of credit and hire purchase agreements.It was then felt that with Acts from 1974 and 1979 respectively that the nex t 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 think by electronic fashion 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 safeguard through delegated legislation and statutory instruments and finally a secti on 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 chemical reaction to an increasing level of discontent indoors the populace, which is transmitted to legislators in some manner. Wirtz et al (2007) found t hat that robust perceived business policies and governmental regulation had now reduced consumer privacy concern.Consumer Protection Laws in theory and practiceThe Acts and Regulations that we have identified as the main consumer protection laws in the UK that will be discussed in detail areSale of Goods Act 1979Consumer Protection Act 1987Consumer Credit Act 1974Consumer Protection (Distance Selling) Regulations 1999Electronic Commerce Regulations 2002Sale of Goods Act 1979There 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. forward the SGA 1979 a purchaser could not accept goods were defective unless he had obtained ex muddle guarantees from the vendor ( trafficker) 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 th e Latin phrase invitatio ad offerendum and means an inviting an offer. For example, if you go to a supermarket the features 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 at bottom 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 eat works vice versa in that you flowerpot take items in and out of your trolley before purchase. Advertisements are also regarded as an invitation to treat and not an offer, the someone placing the advert is not obliged to sell to every customer. This was decided in the shimmy of Partridge v Crittenden 1968, it was held that where the appellant advertised to sell wild 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 compose 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 giveed.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 1979This implied term states that a seller mustinessiness have the right to sell the goods and to transfer the prenomen of them to the buyer. Under the Act a seller can only compile with this in two ways by every having ownership of the title themselves or if they are performing with the real title hol ders permission, such as in business transactions at the time of sale.A case involving and demonstrating Section 12 is that of Rowland v Divall 1923Description (Section 13)There is an implied term that all goods must match and correspond with any description used. well-nigh goods are exchange with some type of description whether it be given by word of mouth, for example the copkeeper 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 manufacturing business 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 1967Quality (Sec tion 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 brook taking into account all relevant circumstances such as price paid, for example the interior of a 50,000 car would be of substantially let out 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 rake 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 conjectural 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 usance (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, 2008231)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. inexplicit 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 1939Explicit 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 a nd 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 1987This 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 i f, 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 beneficia l mistake and any further mispriced items were removed immediately from sale.Consumer Credit Act 1974The Consumer Credit Act 1974 was introduced because according to MacLeod, 2007, In twentieth century, there was explosive exploitation 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 19 74 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- requital) 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 apostrophize 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 th e 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 superior 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 statesIf 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 amongst 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 effectual 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 states7. (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 addressa description of the main characteristics of the goods or servicesthe price of the goods or services including all taxesdelivery costs wh ere appropriatethe arrangements for payment, delivery or performancethe existence of a right of droplation except in the cases referred to in regulation 13the cost of using the means of distance colloquy where it is calculated other than at the basic ratethe period for which the offer or the price remains valid andwhere appropriate, the minimum duration of the contract, in the case of contracts for the supply of goods or services to be performed permanently or recurrentlyinform 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 andinform 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 2002The 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 confabulation and buying is by electronic means it states that9. (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, perceivable and unambiguous manner the information set out in (a) to (d) below-the different technical steps to follow to conclude the contractwhether or not the concluded contract will be filed by the service provider and whether it will be accessiblethe technical means for identifying and correcting input errors prior to the placing of the order andthe 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 screenReg. 12 states that the seller has not entered into the contract u ntil 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 for certain 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 mar keting 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 leg islation surrounding this and a few commented that they had been sent items in the past on

Sunday, June 2, 2019

The Scarlet Letter Essay -- Literature

In The Scarlet Letter, Hawthorne analyzes Hester, Dimmesdale, and Chillingworth. In the novel, Hester is the main character of the history and was called Mistress Prynne (Hawthorne 70). Dimmesdale, in the story was referred to as Reverend Dimmesdale (Hawthorne 90). Chillingworth was originally named, Roger Prynne but later in the story he changed his name to Roger Chillingworth. In the story, Hester committed adultery with Dimmesdale against Chillingworth and in the beginning she got penalise and sent to prison and later she got to get out of prison but with the exception of having to wear the letter A on her breast every snip she went out in to town.In The Scarlet Letter, Hester is the main character. Hester is referred to as Mistress Prynne (Hawthorne 70). The Scarlet Letter also mentions she is holding her three month old baby, Pearl, in her arms who winked and turned her head by the suns rays (Hawthorne 71). She is described as having an elaborate embroidery and fantastic flo urishes of gold thread letter A on the breast of her gown (Hawthorne 71). Hester was also a tall woman (Hawthorne 72). Her cop was dark and abundant her hair shined while the sunshine gleamed off her hair (Hawthorne 72). Hester had a marked brow and dark black eyes (Hawthorne 72). Hester Prynne is often described as a lady-like person (Hawthorne 72).Hesters role in the story is described as sleeping with a priest and got accused of committing adultery and got punished by having to wear a scarlet letter A on the breast of her gown (Hawthorne 71). Hester Prynnes punishment is to go to prison and then with her child, Pearl, go and stand out on the platform in front of everybody corroding her scarlet letter on the breast of her gown (Howells). Hester... ...1. books Resources from Gale. Web. 2 Feb. 2012.Reid, Bethany. Narrative of the Captivity and Redemption of Roger Prynne Rereading The Scarlet Letter. Studies in the Novel 33.3 (Fall 2001) 247-267. Rpt. in Nineteenth-Century Litera ture Criticism. Ed. Jessica Bomarito and Russel Whitaker. Vol. 158. Detroit Gale, 2006. Literature Resources from Gale. Web. 3 Feb. 2012.Symons, Arthur. Nathaniel Hawthorne. Studies in Prose and Verse. E. P. Dutton & Co., 1904. 52-62. Rpt. in Nineteenth-Century Literature Criticism. Ed. Laurie Lanzen Harris. Vol. 2. Detroit Gale Research, 1982. Literature Resources from Gale. Web. 3 Feb. 2012.Tamkang Review. John Updikes S. Tamkang Review 25.3-4 (Spring-Summer 1995) 379-405. Rpt. in Twentieth-Century Literary Criticism. Ed. Janet Witalec. Vol. 126. Detroit Gale, 2002. Literature Resources from Gale. Web. 2 Feb. 2012.

Saturday, June 1, 2019

Summary on Father Damien of Molokai??s Life :: essays research papers

Summary on Father Damien of Molokais LifeWho was Father Damien? Father Damien was formally known as Joseph de Veuster He was born on January tertiary 1840 Damien was born to a farming couple on Tremeloo Belgium.He attended college at Brine-le-Comte.He entered the congregation of the holy Hearts of Jesus. He Became a Picpus crony on October the 7th 1860. Damien followed his brothers dream, now his as well and went into a mission aboardOn the 19th of march 1864, he landed at capital of Hawaii Harbour.He was ordained to the priesthood on whitethorn 24th 1864 at the cathedral of our lady of peace. Damien believed that the Lepers at the very last needed a priest.On may 10, 1873 Damien arrived at the secluded settlement at Kalaupapa. King David Kalakaua bestowed on Damien the honor Knight Commander of the Royal Order of Kalakaua. Im willing to make up my life to leprosy victims, in the end he spent 16 years with the lepers. Damiens name was spread across the United States and Europe. American Protestants raised vast sums of money for the missionary In September 1881, the Hawaiian Princess Liliuokalani visited Molokai. In December 1884 Damien went about his evening rituals of soaking his feet in boiling water, he became worried as he could not feel the heat. It was at this point that confirmed he had contracted leprosy. He was a roman Catholic missionary of the congregation of the sacred hearts of Jesus and Mary.Father Damien was a spiritual leader/patron of lepers, outcasts, and those with HIV/AIDS within the catholic society.In 1995 pope John capital of Minnesota II beatified him and bestowed the official title of Blessed Damien Of Molokai V servant of humanity.On April 5, 1886, about four in the afternoon, Catherine De Veuster, Damiens mother, bowed her head in the direction of the phot of her son and the Blessed Mother and died calmly and peacefully. On December 20, 1999 Jorge Medina Cardinal Estevez, Perfect of the Congregation for Divine Worship and the Di scipline of the Sacraments, confirmed the November 1999 close of the United States conference of Catholic Bishops to place Blessed Damien on the liturgical calendar with the rank of optional memorial. His official feast day is on may 10 each year. The blessed Damien could now be canonized and receive the title of Saint Damien of Molokai. Damien provide 25 years of service to the people of Hawaii.

Friday, May 31, 2019

The Hofstra Production of Shakespeare’s Play, Loves Labors Lost :: Love Labor Lost

The Hofstra Production of Shakespeares Play, Loves Labors Lost Well-educated college students who study Shakespeares plays tend to defy mixed feelings on how to dot scenes. In Shakespeares Loves Labors Lost, the boy says, An excellent device. Now Hercules destroys the snake. (5.2.137). Here he is supposed to be taken seriously and be bringing out a well(p) point during the Nine Worthies. In the Hofstra stage version he pretty much looks like a joke and his comments then become meaningless. He should have been appearing as a much more serious character, portraying the attitude of an intelligent young boy. As the production proceeded there were other distractions that caught the viewers eye. other major distraction was the running to the microphones to sing or to state an idea. If eachone else can hear the actors and actresses for the rest of the play what was the point of the microphones? Along with the microphones and running, the songs really tended to cause the interview to b ecome less interested. The crowds attention goes towards the microphone and the rest of the play is ignored. Another major problem was the scenery. The stage was set the same for every scene, never changing, although the setting changed in the text version. For instance, when all the men, beginning with Berowne, confess that they broke the oath and fell in love they are in a forest-like setting. When the production took place there were no trees or bushes. When Berowne says, I was behind the tree and heard everything so why are you lying (4.3.80), the audience notice there were no trees or any type of setting to resemble that. This makes the words sound bad if the scenery does not match what is being acted out. once again distractions cause problems within a play. Although the messenger coming down the aisle was an interesting touch, it caused my eyes to leave the stage, the main focus. There are several(prenominal) positive opinions on this production. The ending scene was ver y well acted and stressed what really went on in the text.

Thursday, May 30, 2019

Evolution of Heroism: Comparing Qualities of Ancient Heroes Versus Mod

Heroes are prevalent in everyones life. Whether someones combatant is a living person or a fabled character from a movie, everybody has come into contact with some sort of hero sandwich. In fact, the concept of heroes has existed for hundreds of years, dating all the way back to Ancient Greece. However, heroes earn not always been people who dress up in costumes and fight crime, as our current companionship would lead us to believe. No, heroes started out differently and have evolved throughout the centuries. Heroes generally reflect the ideals of their society, and while they are not perfect, they demonstrate the qualities and traits valued by their society. Heroes have always possessed distinguishing qualities, but these traits and qualities have changed drastically over time. The Greek definition of a hero is far removed from the Romantic and modern definitions of heroes. wee heroes were characterized by extraordinary physical ability and incredible battle skills, whereas con temporary heroes rely on intellectual ability and their rebellious nature. Specifically, the original Greek heroes had god-like physiques and were crazily and unstoppable warriors. One of the most prominent Greek heroes, Odysseus, demonstrates these qualities in Homers epic poem The Odyssey. Odysseus first displays his inhuman strength in the undermine of Polyphemus, the Cyclops. His men prepare a large olive stake to thrust it into Polyphemus eye and Odysseus drives his weight on the olive stake from above and bores it (Homer, 223) in, an astounding feat of which single Odysseus is capable. Odysseus demonstrates his physical dominance again when he escapes the whirlpool Charybdis by springing for the great fig tree above and then escapes from Charybdis need I say/high... ...he modelling of each (smart for equality, fighting social boundaries for jane) but now that you say both do that (which is true for the most part) after mentally brilliant such as Equality and Jane, and fig ht their social boundaries as opposed to physical armies and foes. In Greek society, those who were fearless and muscular fighters were the ones that were honored and praised, comma needed but in modern society, people who are exceptionally bright and courageous can become honorable heroes. A perfect example of a modern hero is Barack Obama. Barack is extremely intelligent, as this is required of any president to run a country. He is the first African-American president, an act rebellious against the normal customs of American presidents. He cannot defeat an entire army of suitors by himself, but he has used his courage and intelligence to become a hero for many.