Tuesday, October 15, 2019

Global Supply Chain Management Assignment Example | Topics and Well Written Essays - 2500 words

Global Supply Chain Management - Assignment Example It is therefore, of importance that all parties, that are inclusive in the supply chain, play their role to the best of their ability in ensuring that the consumer says safe. This ensures that all products that run across supply chains bypass safety and security measures instituted by the members of the supply chain (Nuttall 2013, p. 221). However, like it is in most cases, it is never done to the expectations of society. As such, the final product that reaches the final consumers is, more often than not, in a deplorable state in terms of safety with regard to human consumption. This is best exemplified by the case of horsemeat being passed off as healthy meat ready for human consumption. Such cases call for the restructuring of the pre-existing programs for safety assurance to be revised. The dire nature of the situation makes it an ivy issue to deal with. As such, this paper seeks to explicate on the problems charactering the current supply chain system, to provide solutions to the se problems as well as investigate on how supermarkets should prepare on the breakdown of the supply chains. It is undisputed that the horsemeat scandal has had adverse effects on the economy of the United Kingdom. One of these effects is the ruining of the reputations of otherwise stand-up companies and corporations. Most of these firms have been on record for having worked hard in order to realize the levels of success that characterizes their business models. Given the much effort invested by such companies, it might not be order for all of this to occur due to causes such as the inadequacy of the supply chain. The economic impact of this horse meat scandal has also resulted following a reduction in sales. It is probable that after such a scandal in a food commodity industry, the levels of sales are reduced. In certain cases, the level of drop can be catastrophic. Therefore, meat supply chain has its associated challenges worth analyzing and doing so would help outline past mista kes for correction purposes. This will fashion an enabling environment for the complete overhaul of the current policies governing this supply system. A number of well-known brands dealing with meat products have been adversely affected by this horse eat scandal. This is done with the hope that the consumer patterns of shopping have not been altered to the detriment of this industry. It is highly probable that consumers have already decided on purchasing less of processed meat, less of meals with ready meat and a significant number are contemplating the option of indulging vegetarian products. It can be argued that the scandal has provided vital lessons to the government, retailers and most of the entire food standard agency (De Haan, Groot, Loo and Ypenburg 2003, p. 82). The chain of responsibility is however long, and each party must be ready to accept liability accruing from the scandal. It is not surprising that the overall majority of customers cite the government as to blame. It is imperative to note that food fraud has been in existence since time immemorial. Human kind has been adulterated foodstuffs to suit their own selfish ambitions to the detriment of the health of the unsuspecting public. Laws instituted to curb against this vice have not deterred these crimes. A cause of the continuing food frauds might be attributed to the ongoing economic slump. The rise of the process of food commodities is

The Only Imperial Power in Asia Essay Example for Free

The Only Imperial Power in Asia Essay In the nineteenth century, China, Korea, and Japan, as well as other Asian nations faced European imperialism. However, only Japan transformed its traditional society and became the only country in Asia that had colony outside. In my point of view, the Japanese success is depending on determination of the government and the strength of it reform. So what makes Japan have the determination to reform the whole traditional society entirely? Opium War: In 1840, Britain started the Opium War in China. Because of corruption of the Chinese government and Advanced British army, in the end of the war, China was defeated. Japan shocked. China, a wealth and strong empire, an advanced country Japan learned from for thousand years, failed in a war with a real empire. Japanese contemplated and hesitated. What they should do when they have to face those strong enemies. I think that one of the reason why the Black Ships arrived in Japan in 1853 and forced Japanese to accept them, and Japan did so, even with welcoming attitudes. Besides, at that time, Japan didn’t have ability to defeat those aggressors. More and more western countries came to Japan with new technologies, new products and new work system, etc. Japan is closed for too long time. After saw all those achievements from Industry Revolution by Japanese’s own eyes, they found the distance between themselves and advanced western countries. All those new things cause the fail of Tokugawa Bakufu. Meiji Restoration started. Government during Meiji Restoration: In April 6 1868, the Oath in Five Articles was published and became the basic guiding principle of the government. Meiji period began. The new government of Japan applied a lot of policy during that time. They changed the traditional society structure. Samurai was no more the lords. Businessman had more attention than before. Government also support a lot industry to get start, the earlier one is filature. In 1882, Japan Central Bank was set. Under the slogan of â€Å"Enrich the Country, strengthen the military†, in 1871, the new government set Iwakura Diplomatic Delegation to visit 12 countries in the Europe and America for almost 2 years. There were 49 government officials in the team, almost half number of the all officials in Japan government. To pay the expense of this trip, the new government used 2% of its GDP of that year. I think that this is part of the reason why Japan reformed its whole society system entirely and learned it from western countries. On the other side, 58 years after Opium War, China also had a restoration, called The Reform Movement. It was supported by the Emperor Kuang Hus, but it didn’t get support from the government officials, even not from his mother, Empress Tzu Hsi who had real power of China. Most changes and policy applied in China were surface work, didn’t change from the basic principle like what Japan did. The most obvious difference of it was that in 1890, The Constitution of the Empire of Japan was published. All those caused the failure of reformation in China. People in the Meiji Restoration: Shibusawa Eiichi, was a Japanese industrialist, founded more than 500 hundreds of modern corporations in Japan, He was a member of Tokugawa Akitake’s Delegation to the Paris World Exposition. In this trip, he observed modern European societies and culture for the first time. When he visited Belgium, the king told him the importance of steel industry and hoped Japan can buy from Belgium. Shibusawa Eiichi was so surprised; he said that a king is to sell his country’s product even when meeting guests from other place. He realized the importance of industrial of a country. Therefore, he decided to stay in European for studying. He came back to Japan in 1868 with his new thought, and got a job in economic department of Meiji government. He became a driving force in the building of a modern Japan as head of the Kaisei Kakari, or office of the Ministry of Finance in charge of reform. Okubo Toshimichi is regarded as one of the main founders of modern Japan. During Meiji Restoration, he was a Finance Minister, enacted a Land Tax Reform, and prohibited samurai from wearing swords in public, even though he was one of them. We can see his determination of changing Japan from very basic. The greatest achievement of him was the establishment of modern governmental structures. For a time he was the most powerful man in Japan. On 14 May 1878, he was assassinated by samurai. Summary: In my opinion, Japan became the only imperial power in Asia during nineteenth century, because the way it reformed. Japan’s restoration was not only applied on industry like China, but also on government system and society structure. The development on its society structure and police system helped Japan have much faster progress in industry than any other countries at that time.

Monday, October 14, 2019

Effect of the CDM Regulations on Accident Statistics

Effect of the CDM Regulations on Accident Statistics The Effect of the Cdm Regulations on Accident Statistics within the UK The implementation of the CDM regulations under the CDM Co-ordinators. Abstract Health and safety in the construction industry has experienced considerable research over the last few decades in order to reduce the number of injuries and fatalities within the construction industry. Health and safety practices such as the HSC that introduced the CDM regulations in 1994 and the current revised regulations introduced in 2007 are perceived to provide numerous benefits in maintaining a safer industry. With approximately 7%-8% of employment within the UK involved in the construction industry and an estimated 8% of the UK’s GDP it is important to do so. There is a growing importance due to the high rate of employment in the construction industry to provide a detailed set of safety regulations known as the CDM regulations that everyone involved with construction must follow. As a result of this many organisations such as the HSC, have initiated targets to ensure that the health and safety on sites improves dramatically, and to encourage the government to formulate official targets to reduce the number of fatalities and injuries by a certain date. However, although the CDM regulations 1994 did have a positive effect on the health and safety in the industry there was still areas of concern within the regulations that professionals were unsure of who carried out different roles and the fact that the rate of fatalities and injuries was not decreasing significantly enough, this was the reason for the review of the CDM regulations 1994 and the implementation of the new CDM regulations 2007 which is designed to provide a clearer background into construction HS. Using a sample group methodology, and acknowledging specifically the principal contractor, this study aims to assess whether the HSC can achieve its aim of reducing the number of fatalities and injuries by 10% in the UK by 2010 and ultimately assess whether or not the CDM regulations make a significant difference to HS statistics. This will be reviewed by looking at the implementation techniques used by the PC’s on site and develop a framework to provide the best techn ique in which to do so. Chapter One: Introduction This chapter introduces the principal aim of the study, in addition to the proposed objectives and research questions. Introduction The construction industry has had HS regulations in place known as the CDM regulations for a number of years now which have recently been renewed. The CDM regulations have application to a majority of construction projects undertaken in the UK which provide the industry with specific standards involving HS that are considered acceptable to the government and alternatively, to the construction worker. The latest regulations represent an important trend towards the paternalistic intervention of the government in relation to health and safety. Historically, the ambit of health and safety on site was left to the individual company; this was due to the requirements of the Conservative governments, and if things went wrong it was up to the individual to cope. This tendency has developed during the twentieth century with great attention in recent years of government focus in developing the HS of the construction worker. 2.2 million (1 in 14) People work in Britain’s construction industry, making it the country’s biggest industry, but it accounts for 16% of major accidents and 25% of fatal injuries. It is has also been acknowledged that for a number of years in the UK it has been one of the most dangerous industries to be employed in. In the last 25 years, over 2,800 people have died from injuries they received as a result of construction work. Many more have been injured or made ill. HSE deals with all aspects of construction work in England, Scotland and Wales. In 2006-2007 alone there were 77 fatal injuries to workers in the construction industry, this was a 28% increase to the 59 in 2005-2006. The 77 fatalities in the construction industry during 2006-2007 accounted for 32% of all worker deaths. The rate of fatal injury to workers per hundred thousand rose to 3.7 in 2006-2007 compared to that of 3.0 in 2005-2006. In providing these statistics relatively closely to the date the fatality occurred, this means many cases are still under investigation. Consequently, these figures are highly provisional, and may be subject to revision as more relevant information becomes available. * The term Workers includes employees and the self-employed combined. RIDDOR (The Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 1995) is the primary determinant as to whether a fatal accident is included in these figures or not. Improvements regarding the Health and Safety in the construction industry are urgently needed as it remains a disproportionately dangerous industry which is important not only for the people involved in the industry but also for the expected 2-3% growth within the next 5 years. The improvements require significant and permanent changes in duty holder attitudes and behaviour. Since the original CDM Regulations were introduced in 1994, concerns were raised that their complexity and the bureaucratic approach of many duty holders frustrated the Regulations’ underlying health and safety objectives. These views were supported by an industry-wide consultation in 2002 which resulted in the decision to revise the Regulations. The new CDM 2007 Regulations revise and bring together the CDM Regulations 1994 and the Construction (Health Safety and Welfare) Regulations 1996 into a single regulatory package known as the CDM regulations 2007. The health and safety process has always been a much talked about topic within England and Wales every since the first CDM regulations were launched in 1994. The need to reform this process has been highlighted by research carried out by the health and safety executive which shows that there is need for improvement in the implementation of these regulations which is the main reason for the introduction of the CDM regulations 2007. The research shows that: These have been developed in close consultation with construction industry stakeholders. The proposal for the CDM 2007 aims to: simplify the Regulations to improve clarity and make it easier for everyone to know what is expected of them; maximise their flexibility to fit with the vast range of contractual arrangements; focus on planning and management, rather than the plan and other paperwork; encourage co-ordination and co-operation, particularly between designers and contractors; and Simplify the assessment of the competence of organisation. The Approved Code of Practice (ACoP) has special legal status and gives practical advice for all those involved in construction work. If you follow the advice in the ACoP you will be doing enough to comply with the law in respect of those specific matters on which it gives advice. The ACoP which includes a copy of the CDM regulations explains: The legal duties placed on clients, CDM co-ordinators, designers, principal contractors, contractors, self-employed and workers. The circumstances in which domestic clients do not have duties under CDM 2007 (but that the regulations still apply to those doing work for them). Gives information on the new role of CDM co-ordinator – a key project adviser for clients and responsible for coordinating the arrangements for health and safety during the planning phase of larger and more complex projects. Which construction projects need to be notified to HSE before work starts and gives information on how this should be done. How to assess the competence of organisations and individuals involved in construction work. How to improve co-operation and co-ordination between all those involved in the construction project and with the workforce. What essential information needs to be recorded in construction health and safety plans and files, as well as what shouldn’t be included. Rationale for the Research The subject of this dissertation developed from a personal interest in the Health and Safety aspect of the construction industry and the significant research within the industry on how to minimise the injuries and fatalities on site. Most of this research has concentrated on the best ways to improve the implementation process of the CDM regulations 2007, whether the changes are necessary from the CDM regulations 1994 and in terms of whether these changes have brought about the desired results and effect on the industry that it intended I.e. have the CDM regulations brought about an improvement in the safety of site work with regards to a clearer, faster and easier process of implementation. Having looked at a wide range of literature and internet sites on the CDM regulations it is clear to me that there was evidence that the introduction of the CDM regulations was regarded by professionals as advantageous to the industry, however there are certain people that believe it has been less effective than it should have been on the industry. Although people have highlighted problems with the CDM regulations it is definitely an introduction by the government that is here to stay. This consideration has led me to undertake research into whether the new legislation has been implemented successfully and whether the changes are necessary. This was implemented under the research title; the implementation of the CDM regulations under the CDM co-ordinators. The CDM regulations have the potential to make a significant impact on the industry with regards to health and safety however it is unrealistic to think that this can be achieved very quickly without encountering any problems in an area which has had much debate regarding this topic. It will take time before the new legislation will be free flowing however improvements in both effectiveness and efficiency can be expected as lessons are learnt. E.g. more home CDM co-ordinators becoming qualified. The following information in this chapter gives further details about the principle objectives for this research topic. Aim As a result the fundamental aim of this study is to determine whether the Health and Safety Commissions aim is achievable and thus, determine whether there is a foreseeable optimistic future for the reduction of accidents within the construction industry. The overall aim of the project is to produce a coherent document which catalogues, in which detail the impacts which the CDM regulations have had upon the construction industry and which encapsulates some original, primary research. Objectives This aim will be investigated through a series of key objectives: To provide an understanding on the CDM regulations, evaluating the need, efficiency and reliability of them; To establish different professions understanding of the CDM regulations; To establish the application of the CDM regulations at both organisational level and implementation of the CDM regulations; To determine whether there is a foreseeable optimistic future for the reduction of accidents within the construction industry; To examine, compare and contrast the perceptions of construction professionals in order to determine whether the number of accidents on construction sites are likely to significantly decrease in the next five years; To assess whether the construction professionals are sufficiently protected by the CDM regulations and identify any implementing techniques that aid, or otherwise, the CDM regulations. The study will follow with a review of current literature regarding the effectiveness of the CDM regulations, and a description of the methodology used in order to collect and analyse the results of the data collected. The outcome of the findings will be discussed and conclusions will be made incorporating both limitations of the study and recommendations for future research. Outline Research Methodology My research topic has incorporated two research approaches in order to collect information which were the following: secondary data collection and fieldwork research. Secondary data collection This form of research refers to the ‘desk study’’ approach where data is obtained from sources that cite from primary sources. This method had been used to achieve the first, fourth and fifth objectives. These sources will be critically appraised by means of a systematic literature review which will cover textbooks, newspaper articles, research journals, thesis, reports, trade publications, etc. Fieldwork research This form of research refers to the methods of primary data collection which can take the form of a number of practical approaches. This method of research was accomplished to utilise objectives two and three. The selected method for this thesis will be a structured survey approach in the form of personal interviews and a questionnaire. This method was selected as it is the best form of gathering data from a large number of respondents in a relatively short time frame. The interviews and questionnaires will adopt a semi structured format, employing mainly open questions to gather the data. The research method is a way in which the research objective can be questioned and achieved. Throughout my research I will be using a number of core sources of references such as the books, the internet, newspapers, companies, journals and questionnaires in order to carry out my objectives. I will decide upon the most appropriate research strategy which can be carried out in two ways depending on the purpose of the study and the type and availability of the information required. These two methods can be classified as â€Å"Quantitative† and â€Å"Qualitative†. Quantitative research can be defined as â€Å"objective† in nature. It involves the description or analysis of statistical procedures that involves specific measurements of variables to determine whether a theory holds true. Qualitative research on the other hand can be defined as â€Å"subjective† in nature. It does not involve the use of specific variables, but relies on reasons behind various aspe cts of data. It emphasises the means, experiences and different descriptions of topics from different authors points of view. Chapter Two: Literature Review Introduction This chapter is intended to critically appraise issues and statements identified by the literature review and ascertain the industries, practitioners and authors opinions of the progress, implementation and success of the CDM regulations. A wide range of key literature from sources such as research journals, refereed conferences, thesis, textbooks, reports, trade publications and newspaper articles on this research topic were reviewed, analysed and appraised of their strengths and weaknesses. To best demonstrate these perceptions the author has chosen to break the critical appraisal into the following sub-headings; Cost of Implementation, Health and Safety Training, Additional Paperwork, Success of CDM. In doing so, it is anticipated that some individuals connected with the construction industry will be interviewed and their views on the success or failure of the CDM regulations on the construction industry. It is anticipated that these views will be assessed in conjunction with valid information gathered in relation to the CDM regulations and how they have developed within the UK in recent years. There will also be an assessment of how the CDM regulations could be improved upon, and how the project has contributed to this assessment. Chapter Three: CDM Regulations 2007 3.0 CDM Regulations 2007 The new Construction (Design and Management) Regulations were brought into place on the 6th April 2007 in order to consolidate the Construction (Design and Management) Regulations 1994 as well as the Construction (Health, Safety and Welfare) Regulations 1996 into one regulatory package. In order to help achieve the implementation of this new process the supporting guidance for these regulations has been revised with the aid of a new approved code of practice available to assist each professional with their individual duties under the CDM regulations 2007. http://www.martineau-johnson.co.uk/publication_event/updates/CDM%20regulations%202007%20Flyer%20April.pdf It is necessary for all professionals involved in the construction industry to be aware of the new CDM regulations 2007 as they apply to all construction work. The aims of these regulations are to: Improve health and safety within the construction industry; Ensure that there are the right people for the right job at the right time to manage the potential risks on site; To focus on effective planning and managing risk manage the risk not the paperwork. 3.1 The Client A client can be described as an individual or organisation who in the course or furtherance of a business has a construction project carried out by another or himself, this however excludes domestic clients but not domestic premises. A domestic client is someone who lives or will live, in the premises where the work is carried out. The roles of the client under the new CDM regulations 2007 are similar to that of the 1994 regulations however they have been given a higher profile with emphasis on providing the construction team is provided with strong leadership and ensure that the client is responsible for their influence on the HS of people working on, or affected by the project. It is the role of the client under the CDM regulations to appoint a CDM coordinator and a principal contractor on all notifiable projects in order to advise and co-ordinate activities. It is the responsibility of the client to carry out a number of duties on all projects: Must check all appointee’s competence and resources using the ACoP competence criteria; Must also ensure that enough time and resource is provided to allow the project to be delivered safely, what you want, when you want it and on budget; Provide key information to contractors and designers; Ensure everyone involved with the project co-operate and co-ordinate their activities; Establish a competent project team as soon as possible to ensure the project is safe to build, safe to use, safe to maintain and deliver good value; Ensure suitable management arrangements are in place; Ensure adequate welfare facilities are on site; Ensure workplaces are designed correctly which should comply with the WHSW. On all notifiable projects the clients must carry out the above duties as well as: They must appoint a competent CDM Co-ordinator and provide them with key information; They must appoint a competent principal contractor; Ensure that there are suitable welfare facilities provided on site as well as a construction phase health and safety plan has been produced before the construction phase can start; Retain and provide access to the HS file as well as revise it with any new information; It is not the responsibility of the client to audit or supervise the work on site. In order for the client to explain their management arrangements then they may ask their project team or contractors to do this for them. For small projects where contractors employ less than 5 people then demonstrating management arrangements may be in the form of an oral briefing rather than have everything in writing. The client must perform simple checks regularly to ensure their management arrangements are being followed which include there is adequate protection for workers and the public on site, ensuring that there is good co-operation and communication between the contractors and the designers. They must also ask the contractors to confirm that the arrangements they agreed upon have been implemented. 3.2 The Coordinator The person appointed to advise and assist the client on how to comply with the CDM Regulations during the project, and to ensure that suitable arrangements are made and implemented for the co-ordination of health and safety measures during planning and preparation for the construction phase. The CDM coordinators replaced the role of the Planning Supervisor under the CDM regulations 1994 and are only appointed on notifiable contracts but this appointment must be made early. This role has been changed due to the overall consideration that the Planning Supervisor has not been a success with more expectation placed on the new role of the coordinator. The main aim of the coordinator is to act to reduce risks during the construction process rather than to generate unnecessary paperwork. The CDM coordinator has the responsibility to carry out a number of Duties during the project: Advise the client about selecting competent designers and contractors; Help identify what information will be needed by designers and contractors; Co-ordinate the arrangements for health and safety of planning and design work; Ensure that HSE is notified of the project (unless a domestic client); Advise on the suitability of the initial construction phase plan; Prepare a health and safety file (information for the client to enable future cleaning, maintenance and alterations to be carried out safely) You are the key advisor to the client and the catalyst for effective communication and co-ordination throughout the project A CDM coordinators role can be filled by anybody, however they must fulfil the competence requirements given in the ACoP, if no appointment has been made then it is generally the client who will carry out this role. 3.3 The Designer A designers duties under the CDM regulations applies to all construction work including domestic projects as well as non-notifiable ones. A designer can be described as someone that carries out the design process or specifies building work I.e. makes any project related decision, which therefore means there are a wide number of parties that can fall under this profession, such as Design and construction contractors, civil and structural engineers, clients who specify, etc. A designer has the responsibility to carry out their duties on all projects involving construction work. This includes: Making sure that the Client is aware of his duties; Making sure the client is adequately resourced and competent to carry out their own duties such as the health and safety issues that are involved with the design of a project; Provide substantial information about any potential risks that may be associated with the design that can be put in the health and safety file; Coordinating their work with others in order to improve the way potential risks are managed and controlled; Co-operate with others such as CDM Co-ordinators and the Principal Contractor; Avoiding foreseeable risks during the design work for people involved on the current and future uses of the structure. They should also eliminate hazards and risks associated with those hazards that remain. The most important role for a competent designer is to eliminate the hazards and reduce risks. 3.4 The Principal Contractor The changes in the CDM regulations have brought little change to the duties of the principal contractor. An early appointment of a principal contractor by the client is necessary on all notifiable projects. The principal contractor must ensure that everyone they appoint such as sub-contractors as competent. The main aim of the PC is to ensure that the construction phase is properly planned, managed, monitored and resourced. The principal contractor has a number of duties that must be carried out throughput the project: Inform contractors of the minimum time allowed for planning and preparation Provide relevant information to contractors Ensure safe working, co-ordination and co-operation between contractors Construction phase health and safety plan is prepared and implemented Plan needs to set out the organisation and arrangements for managing risk and co-ordinating work Plan should be tailored to the particular project and risks involved Suitable welfare from the start Prepare and enforce site rules as required Give reasonable direction to contractors including client appointed contractors Prevent unauthorised entry Provide plan to those who need it Promptly provide the CDM co-ordinator with information for the file Liaise with CDM co-ordinator in relation to design and design changes Ensure all workers have been provided with suitable health and safety induction, information and training Ensure the workforce is consulted about health and safety matters Display key project information to workers It is not the responsibility of the PC to provide training for workers they do no employ however contractors do. Neither do they have to undertake detailed supervision of contractors work. The construction phase plan must only be filled in with relevant information rather then endless generic paperwork. Other Contractors Sub Contractors are present on all projects not just notifiable ones. They are unable to start work on a construction site until they have obtained the pre construction information necessary from the client or PC. The sub contractors must manage their own work to make sure that their workers are safe as well as ensuring that hey and those they appoint are completely competent and adequately resourced. On all projects they must: Inform any contractor that they engage, of the minimum amount of time they have for planning and preparation Provide their workers (whether employed or self-employed) with any necessary information and training and induction Report anything that they are aware of that is likely to endanger the HS of themselves or others Ensure that any design work they do complies with CDM design duties Comply with the duties for site health and safety Co-operate and co-ordinate with others working on the project Consult the workforce Not begin work unless they have taken reasonable steps to prevent unauthorised access to the site Obtain specialist advice (e.g. from a structural engineer or occupational hygienist) where necessary On notifiable projects they must: Check that a CDM co-ordinator has been appointed and HSE notified before they start work Co-operate with the principal contractor, CDM co-ordinator and others working on the project Tell the principal contractor about risks to others created by their work Comply with any reasonable directions from the principal contractor Work in accordance with the construction phase plan Inform the principal contractor of the identity of any contractor he appoints or engages Inform the principal contractor of any problems with the plan or risks identified during their work that have significant implications for the management of the project Inform the principal contractor about any death, injury, condition or dangerous occurrence Provide information for the health and safety file Chapter Four: Methodology This chapter discusses the different methodological approaches for this study. Detailed accounts of the specific research strategies are also examined, highlighting the methods used to analyse and interpret the data collected. Finally, the location of the study and methodological restrictions are also considered. Comparative data can be collected in various forms, these being experimental, commercial and â€Å"official† data. Experimental data was chosen because it is derived from real life situations, and this was essential giving the fundamental aim of assessing the future of the CDM regulations. Nevertheless, it must be acknowledged that the reliability of experimental data is largely dependant on the willingness and honesty of the professional to participate (Morris et al., 2001). Research Strategies In order to explore the main perceptions and attitudes of principal contractors, a self completition postal questionnaire was decided on rather than a telephone survey or an interview survey primarily because it was Christmas time during the main period of data collection, and so it was assumed many construction workers would be on their Christmas break and would not be available for an interview or present in the office for a telephone inquiry. The idea behind the postal questionnaire was that they could complete it and send it back whenever they had time. Questionnaires are an â€Å"indispensable tool when primary data is required about people, their behaviour, attitudes, opinions and awareness of specific issues†. The questionnaires were enclosed with a self addressed envelope, intending to speed up and ensure the return of the questionnaires. One potential problem with the questionnaires was that they might not be filled out by the right person. Twenty principal contractors were randomly selected from a list of construction companies in the counties of Gloucestershire and Oxfordshire, provided by the yellow pages. Each company was contacted by telephone to explain the basis of the study find out who to send it to, and gain his or her agreement to participate. A tick box at the bottom of every questionnaire gave the farmer the choice of whether or not they wanted to be contacted again, in the hope of setting up a number of interviews. The questionnaire design was of a semi-qualitative design, as the questionnaires incorporated a number of open and closed questions. The closed questions differed between multiple choices, dichotomous, likert, categorical and scaled questions. Although, open questions can be more difficult to understand and are perhaps harder to analyse than closed questions, it was important to include the

Sunday, October 13, 2019

Lego Dacta :: essays research papers

The â€Å"Input-Output† principle means basically that all input devices get the information in and the output devices show the result. Inputs Temp1 (Temperature Sensor) = It measures the temperature. Touch2 (T or F Sensor – something pressed) = It works when you touch it. Light5 (Changes in Light) = It lights up. Angle6 (Angle changes) = It measures the angle of the devices. Outputs MotorA (Motor runs) = It’s a moving device i.e. a motor. LampB (Light go on) = It’s a light up device i.e. a lamp. These are the different control terms used in Lego Dacta: †¢Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Talkto = It talks to output devices. For example - talkto â€Å"motora †¢Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  On/off = It switches on output devices. For example - talkto â€Å"motora, on, wait 100, off. †¢Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Alloff = It switches off all output devices. For example - talkto â€Å"motora, on, setpower 3, wait 30, setpower 5, wait 30, setpower 7, waituntil [touch2], off, wait 30, on, rd, setpower 3, wait 30, setpower 5, wait 30, setpower 7, wait 30, alloff. †¢Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Wait = It holds devices running for a certain amount of time. For example – talkto â€Å"motora, on, wait 100, off. †¢Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Waituntil = It makes devices wait until the procedure in the brackets becomes true. For example – talkto â€Å"motora, on, setpower 3, wait 30, setpower 5, wait 30, setpower 7, wait 30, waituntil [touch2], off, end. †¢Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  RD = It reverses motora. For example – talkto â€Å"motora, on, setpower 3, wait 30, setpower 5, wait 30, setpower 7, waituntil [touch2], off, wait 30, on, rd, setpower 3, wait 30, setpower 5, wait 30, setpower 7, wait 30, alloff. †¢Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Setpower = It changes the speed of motora. For example – talkto â€Å"motora, on, setpower 3, wait 30, setpower 5, wait 30, setpower 7, wait 30, off. †¢Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  To/end = It starts/finishes a procedure. For example – to forward1, talkto â€Å"motora, on, wait 100, off, end. Lego kits can be used in different businesses and organisations like offices, car parks, arcades and banks.

Saturday, October 12, 2019

Conduct Disorder Essay -- essays research papers

My hypothesis on conduct disorder in children can lead to criminal activity in adulthood. The research that was conducted from this question was that of Memorial University of Newfoundland, the Department of Psychology. Sampson and Laub (1997) discussed conduct disorder as not being a single cause of adult criminal behavior, but instead the start to what they termed as a life of â€Å"cumulative disadvantage†. The conduct disorder might indeed be the initial cause of problems, but may be replaced by the effects of disapproving, negative reactions from others.   Ã‚  Ã‚  Ã‚  Ã‚  Based on prior research, Kratzer and Hodgins (1997) were aware of the association between conduct problems in childhood and adult criminal behavior. Children were divided into four groups. The first three groups were based on where conduct problems were displayed. The first group was made up of children who displayed conduct problems in school. The children’s behavior was rated by their teachers in the sixth grade and again in the ninth grade on a three point scale. For the second group a child was considered to have a conduct problem in the community if they had been referred to the Child Welfare Committee as having conduct problems, (such as theft, larceny, vandalism, and substance abuse) before the age of 15 years old. The third group were children who displayed conduct problems in both the community and in school. Finally, the fourth group was made up of children who did not display any con...

Friday, October 11, 2019

Safeguarding And Forms Of Abuse

I am going to briefly talk bout the main types of abuse and outline a general picture about safeguarding. I will then focus on two types of abuse and explain them in more detail, giving examples of real life events. Safeguarding is? Safeguarding means protection against something undesirable. Everyone has the responsibility to safe guard children and young people. The Government and safeguarding legislation guidance says that safeguarding means: Protecting children from maltreatment. Preventing impairment of children's health or development.Ensuring that children are growing up In circumstances consistent with the provision f safe and effective care. Taking action to enable all children and young people to have the best outcome. â€Å"the action we take to promote the welfare of children and protect them from harm ; is everyone's responsibility. Everyone who comes into contact with children and families has a role to play. † Types of Abuse Deprived of health benefits – this is when a abuser will stop a victim from getting any form of help such as seeing a doctor, a dentist or attending an appointment.The abuser me see that the victim doesn't require that specific attention because they may see the victim as not worthy or special. They may also think that the Injuries the victim has may become noticed and be looked Into leading to the abuser being found out and reported. Physical abuse- this Is when an abuser physically Injuries a volt such as halting and cackling them or anything where the abuser Inflicts pain on the victim. This abuse is a form of excitement for the abuser as they have control over the victim.People may also hit out through stress or maybe due to losing their temper but there are lots of other reasons. This specific abuse will include the abuser hitting the victim in some way to get what they want from them and to keep hey grounded and under control by striking fear into the victim. Verbal abuse- this is when a abuser will say th ings to a victim to make them feel bad about themselves. This can result in the victim going on to act in a bad way such as saying verbal abuse to others therefore repeating the abusers words.This abuse is used to make others feel bad about themselves so that the abuser can feel good about them self. Emotional abuse – this can be linked In with any other form of abuse as the volt will be feeling certain things and In a certain way. Emotional abuse is where a abuser ill try to break the volt down emotionally resulting In the victim feeling bad about themselves all the time and the abuser being able to get inside a victim's head bad at what they do or how they act or making a victim feel bad inside constantly.Financial abuse- this form of abuse is when a abuser will take money from a victim, whether the victim knows or not is a different matter. An abuser may simply steal money from a victim by going into their purse or wallet and taking money or by doing it in a sneaky manner such as borrowing money or playing the victim to a game which they won't win. Sexual abuse- this form of abuse includes when a abuser will touch a person in a sexual manner without being given consent by the person to do it such as touching breasts or genitals.Sexual abuse can also include rape this is when the person hasn't or cannot consent to sex but the abuser continues to do the act. Psychological abuse- this is when the abuser will try to get inside the head of a victim so they can obtain what they want or get the victim to do or say what they want this will allow the abuser to convince the victim that it is k to be doing this to them. Neglected- this is a form of abuse where the abuser will not let the victim have food, water, hygiene or medical attention and they will make sure that no one else allows those things to happen.The abuser may also stop a victim for Joining in with things or being in a group with people they would like to socialist with. This form of abuse leaves the victim to survive on their own without having any means to survive with. Bullying- bullying is when a abuser will use any of the forms of abuse to make a person or a group of people feel bad. Emotional, verbal and physical abuse are molly linked with bullying as they can make a person feel bad about themselves rather quickly and easily. Physical abuse I am now going to focus on two types of abuse which are physical abuse and self harming.Physical abuse is any form of pain which is inflicted on a person and is done on a daily basis. Hurting someone in an intentional way is physical abuse. This form of abuse may consist of many things such as: Scratching Head butting Shouting Drowning Dragging Around Sleep Deprivation Throwing Outside/Locking Outside Putting in stress positions Blinding (Blindfolding) scolding Cutting Kneeing Strangling Hitting Pushing Pulling Hair Biting Physical abuse allows them to control someone as the abusers strike fear into their victims leading them to d o, say and act like the abuser wants them to.Physical abuse took place in Long Care (Stoke Place), here the patients were physically abused by their careers. This involved them being slapped, kicked and hit on a daily basis to control them into doing as the careers wished or to prevent them from doing something. Self harming Self-harm is when someone intentionally hurt themselves by damaging or injuring heir body and is used as a way to deal with or express emotional distress.In most cases people who self harm do it to help them to deal with overwhelming and unbearable emotional issues which are caused by problems such as: Social factors- like being bullied, having difficulties with work or school or having difficult relationships with friends or family. Trauma- such as physical or sexual abuse or the death of a close family member or friend. Mental health conditions- such as depression or borderline personality disorder. Self harming is a lot more common than people realism and can take part in any person's life.It is more common to appear in the lives of 15 and 16 years old as in 2002 a I-J survey showed an estimate that 10% of girls and 3% of boys had self harmed in the previous year. In some cases people self-harm with the intension to kill themselves but often people self harm to punish their selves, express distress or to relieve tension. Self harming can also be seen as a cry for help in some cases. Types and signs of self harm – There are many ways that people can intentionally harm their selves such as: Cutting or burning their skin Punching themselves Poisoning themselves with things such as tabletsMisusing alcohol or drugs Deliberately starving themselves (anorexia nervous) or binge eating (bulimia nervous) People who self harm will keep it a secret as they fear the shame of discovery; therefore it is often up to family or friends to notice when someone is self harming and for them to approach them with understanding and care. Some sign may i nclude unexplained injuries or a person may show signs of a low self esteem or even depression. Someone who is self harming could seriously hurt themselves and should therefore be referred to a doctor so that they can discuss the underlying sue and find a way of treatment and therapy to help them.The events such as physical, sexual and emotional abuse that took place at places such as Long Care (Stoke Place), Wintergreen view and Stafford Hospital (Mid-Staffordshire Hospital Trust) may have lead to a person to self harm as they may feel bad about themselves and therefore feel the need to punish their selves or in some cases end their lives. In places like this if self harming was discovered in a patient nothing would have been done to help them as the abusers would have seen it as a cry for help which could lead them to getting caught in the acts they had committed.In conclusion this presentation shows that abuse happens in lots of people's daily life, whether they are in a care hom e or in home or workplace and that in some cases it doesn't get found out about or nothing is done about it. It is important that abusers get caught and prosecuted and that the victims get the help they need. It is also important to out about things that a person may have seen or noticed in another. Places such as the ones mentioned in the presentation were involved in most of the types of abuse discussed and nothing was done about it until it was captured on film.

Thursday, October 10, 2019

The Law of E-Commerce

English law has long been recognized as respecting freedom of contract. In other words, the state has not, generally, laid down legislation which has interfered with the freedom of parties to agree the terms of their contracts. In more recent years, there have been a number of inroads into the principle of freedom of contract, particularly with respect to consumer protection. It very much remains the case that English law does provide parties with considerable flexibility both as how they conclude contracts and the terms that they include. Offer and acceptance In order for a contract to be binding under English law it requires an offer, acceptance, intention to create legal relations, consideration and capacity. With regard to electronic commerce, the contractual requirements need careful consideration. Offer A supplier offers an unconditional offer which could be accepted by any potential customer. If the customer informs the supplier that he or she accepts the offer ,there will be a binding contract. On the other hand, the supplier could provide to the customer what is known in legal terms as an â€Å"invitation to treat†. This is not a binding offer, but an â€Å"invitation† for the customer to make an offer, which the supplier can then accept. It is very important for suppliers wanting to sell goods through on line to ensure that their websites and other on line advertisements are interpreted as invitations to treat. If a supplier's website constituted a formal offer to provide certain services or goods, the supplier may be in breach of the local laws (both civil and criminal) if there are certain kind of customers who would not ordinarily be entitled to make the purchases which are being offered. For instances, the sale of alcoholic products to minors and guns or other weapons into all countries, when some countries restrict more carefully the circumstances in which guns or other weapon can be purchased. Acceptance English law is generally very flexible about how an offer can be accepted. Acceptance could be communicated by an acknowledgement (e.g. email) or by physical act such as the shipping of the goods. What is more uncertain under English law is when acceptance takes place – particularly in an Internet contract. The general rule is that an offer is not accepted until acceptance is communicated to the offeror. So far there is no case relating to this rule which applies to contracts made over the internet. But however, there is case law which applies to other instantaneous forms of communication, such as telexes and facsimiles, provided that such communications are sent during the business hours. With the global use of electronic trade, the question of when each business day begins may be difficult to determine – particularly when the customer cannot easily work out where the server accessed is based. The major exception to the general rule on acceptance concerns acceptance by post. In the majority of cases, acceptance takes place when the acceptance is posted and not when it is received by the offeror. The â€Å"postal† rule means that the contract will already have been made and the offeror will be bound to complete his obligations, provided that the other party can prove that the acceptance letter has been posted. In some ways, notwithstanding its instantaneous nature, acceptance by electronic means does have similarities to postal acceptance. A common carrier will assume the responsibility in transmitting the message (in this instance the carrier is the Internet Provider). With this kind of communication, it is not easy to determine the receipt with respect to email sent over the internet. What this means is that the sending party will not know when or if the acceptance has been received. Given the fact that it is not clear when acceptance of an offer will occur, any supplier should take care to consider how and when acceptance will take place. This has long been the principle adopted in EDI contracts, and those doing business on the Internet have to ensure that they do not leave anything out for questioning later in the contract. Any supplier should have no difficulty in exercising control over the manner in which the only contracting process is conducted. Unlike the Internet most real world contracts are formed on a person to person basis, either by a face to face conversation or verbally over the phone. By contrast, most Internet contracts are remotely made, impersonal and above all automated. If there is any ambiguity or uncertainty over the transaction but a more likely issue to whether there was a contract at all. Contract terms and liability English law gives the contracting parties the freedom to set many of the terms upon which they will contract the business. But this will be subjected to two areas where the law will imply terms. First, certain terms will be implied by statute. Secondly, the law will imply terms just to give â€Å"business efficiency† to a contract. This happens where either parties have forgotten to deal with an issue expressly in circumstances where they would have done so had they thought about the issue at the time f the contract was finalized. The main terms implied by statute in contracts to sell goods is the Sale of Goods Act 1979. This terms will imply to any contract that: * the goods will be of satisfactory quality; * where expressly or impliedly known by the supplier, the goods will be reasonably fit for the buyer's purposes; * where goods are sold by reference to a description, the goods will correspond to that description. This term is particularly important for internet sales where a buyer may make a purchase of certain goods having visited a supplier's website. If a supplier provides services, the implied term for the services will be that they will be dealt with â€Å"reasonable skill care†, and within a reasonable time frame (Supply of Goods and Services Act 1982). Under the Unfair Contract Terms Act 1977, these terms cannot be exempted in any circumstances with respect to consumers. Sometimes in the contract for a business, a supplier can exclude liability for breach of these implied terms where it is â€Å"reasonable† to do so. Not only the Unfair Contract Terms Act 1977 in which the implied terms under the Sale of Goods Act can be exempted, but the Act also imply other liability can be limited as far as the services concerned. The main provisions deal with: * liability for death and personal injury – this cannot be exempt under any circumstances; * liability in negligence other than for death and personal injury – this can be exempt where reasonable; * liability to a consumer – this can be exempt only where reasonable (except in the case of liability for breach of the terms implied under the Sale of Goods Act; * liability when dealing on the supplier's standard terms and conditions – a supplier can only be exempt liability to his customers where it is reasonable to do so; There are a number of matters with regard to the reasonableness that the court will take into account when questioning each case individually. The questions are undoubtedly related to the insurance carried by both parties; what other sources were open to customers; and whether the buyer knows or ought to know the exclusions and limitations clauses incorporated into the contract. If there are any ambiguities in the terms of the contract, the court will be in favour of the customer. And the supplier will be left to prove that his exclusions are to be reasonable with respect to doing the business. No doubt that many online contracts will incorporate standard terms and many sales will be directly to consumers, the Unfair Contract Terms Act will play a role in determining the exposure a supplier may face in providing the services or goods using the Internet as a communication mechanism. The UCTA will only be using the English law system for a contract of consumers if they are based in the UK and for a contract where there is a choice of law other than English law, when it is selected for the purposes (mainly or wholly) of trying to avoid the effect of UCTA. Apart from the Unfair Contract Terms Act, there is one exception with regard to the contracts conducted over the Internet. It concerns the international supply contracts where the offer and acceptance of the sale of goods take place in different countries or the goods are physically shipped from one jurisdiction to another. Many companies wishing to sell goods through the Internet could use this exception whereby the purchaser accesses the server to order goods from other location which is outside of the English jurisdiction. It should be realized that this exception can be applied even where the English law is governing law of contract. When a contract is considered to be an international one, the Unfair Contract Terms Act will not intervene and a supplier is free to limit or exclude his liability without having to look at the UCTA to see whether if it is reasonable to do so. Although it is likely to apply to sales to businesses only in the light of certain parallel consumer legislation – the Unfair Terms in Consumer Contracts Regulations 1994. In addition to UCTA, any supplier considering doing businesses over the Internet must also bear in mind the impact of the Regulations when dealing with the consumers. These Regulations incorporate into English law of the European Community Directive on Unfair Terms in Consumer Contracts, which provides the entire states of the European Union cases in which it is unfair to limit or to exclude certain rights of consumers by contract terms. If the terms of the contract is considered to be unfair, then it will be declared as void. Furthermore, the Regulations could assist the consumers if the consumers are asked to pay a penalty in the event they fail to complete their contractual obligations and when the supplier restrict the consumers' legal recourse in the event of a breach (for instance, by making the consumer go to arbitration). It is for this reason that it was suggested that the international supply contract with the exception in UCTA will only be of real benefit to those selling goods to businesses. Furthermore, there are also other helpful pieces of legislation which a consumer can depend on: * The Consumer Credit Act 1974 – if a customer has paid for the goods by credit card and the value of each item is à ¯Ã‚ ¿Ã‚ ½100 or more then the credit card company assumes the same responsibilities as the supplier does and a consumer can make a complain to them. * The Misrepresentation Act 1967 – may give a customer the right to return goods and have his money back if he/she has been told something factual about them that made him/her decide to buy but which turns out to be untrue. * The Trades Description Act 1968 – if a seller makes a particularly gross misrepresentation about an article or if he or she is regularly misrepresenting the qualities of any goods then this may warrant a complaint to and investigation by Trading Standards who have the power to prosecute. * Misleading Prices Regulations – the law does not control prices as such but does requires that prices are accurately displayed or advertised. If a seller has incorrectly displayed a price a customer cannot force a sale at that price but it may warrant a complain to Trading Standards. So how can businesses conducting sales over the Internet protect themselves from the inevitability of pricing errors? Hence thousand of orders can be placed with online retailers before they can detect the problem. When the prices are incorrectly displayed and contracts are formed, the sellers are forced to choose between accepting that price as a financial loss in goodwill or trying to consider the contracts under the doctrine of unilateral mistake. Otherwise to avoid the contracts to be binding with customers with the incorrectly pricing, the sellers should employ protective methods of contract formation that assist them to prevent loss. The risks and costs of pricing errors Many online errors result from the fact of proofreading mistakes and software problems, but a lot of mistakes keep increasing because many sellers online tend to change their prices more often than normal and convenience high street stores [1]. Furthermore, online businesses execute sales automatically and therefore lose the added safety of having the human eye confirm the price. The Internet, with all the richness of information resources, can cause some harm. Many of the online shopping combine with chat rooms, emails and bulletin board which in turn can result in a flood of orders and thousands of sales being processed before the sellers is able to pinpoint and correct the mistake. For instance, in 2001, Kodak offered a à ¯Ã‚ ¿Ã‚ ½329 digital camera for à ¯Ã‚ ¿Ã‚ ½100 [2]. At the time the case was decided that Kodak's automatic confirmation email formed legally binding contracts [3], and in the end, the company was forced to honour the sales. The incident caused the company substantial losses of more than à ¯Ã‚ ¿Ã‚ ½2 million [4]. Kodak argued that, if there was a contract formed, that contract could be void by reason of â€Å"mistake† (i.e. the price of the goods offered was so low that there was obviously a mistake). Kodak's refusal to fulfill orders was widely reported. The common law view was that Kodak would lose any actions brought against it because 1) its standard terms were unfair to the consumer; 2) a camera worth à ¯Ã‚ ¿Ã‚ ½300 being sold as a special offer for à ¯Ã‚ ¿Ã‚ ½100 was not an obvious mistake; and 3) Kodak's reply not only to acknowledge the sale, but used the words â€Å"this contract†, Kodak forced to accept the orders. In another example involving Argos, a catalogue online retailer, who advertised a TV on its website for à ¯Ã‚ ¿Ã‚ ½2.99, one one-hundredth of its normal price. Argos received orders worth over à ¯Ã‚ ¿Ã‚ ½1 millions, none of which were acknowledged. Argos argued that there was no contract between the customers and itself, because Argos did not confirm any orders as far as the product concerned. The case was decided confidentially and it is believed that Argos did not fulfill the majority of those orders. The equitable doctrine of unilateral mistake When the online seller make honest and honourable mistake on pricing which result in big losses, their mistake could be considered based on the doctrine of unilateral mistake. What this means is that one party's mistake could make the contract voidable when the mistake concerns a basic assumption on which the contract was formed and has a material effect on the agreement that is adverse to that party [5]. Furthermore, the effected party must prove that: a) the mistake is such that enforcement would be unconscionable, or b) the other party had reason to know the mistake or should have known that the price was a mistake [6]. An unconscionable contract is defined as â€Å"no man in his senses, not under delusion, would make†¦.and which no fair and honest man would accept†¦.† [7]. The contract, if was formed, must cause hardship to the effected party [8]. In addition to this, the court would look to see whether the sale would cause the seller a big loss and not merely a diminished profit [9]. Alternatively, the online seller could also prove that the customers had reason to know or ought to know that the price was wrong [10]. â€Å"Reason to know† means that a person â€Å"has a duty to another† and â€Å"he would not be acting adequately in the protection of his own interests were he not acting with reference to the facts which he has reason to know† [11]. Rescinding the contract is the only remedy option under the unilateral mistake; it is not a basis for reformation [12]. It means that the seller cannot ask the customer to go ahead with the sale at the actual price. But instead, the seller must cancel all customer's order and re-offer the good at the actual price. However, after the re-offering the good the customer might not show any more interest in purchasing it. In some instances, the court might refuse to order rescission. The court will consider whether one party has so detrimentally relied on the contract it would be inequitable to order rescission [13], will be prejudiced by rescission [14], or cannot be returned to the status quo [15]. Furthermore, the court might refuse to rescind the contract when the mistake resulted from the seller's negligence or lack of due care [16]. Case of an e-seller policy Amazon.com provides an example of an online seller who has incorporated a policy into its website to deal with potential pricing mistakes. It provides a direct link to its pricing policy from its term of use. In its term, Amazon states that the price of any products is not confirmed till the customer completes the order. Additionally, Amazon further states that the items in the catalogue may be mispriced and the price will be verified before it's sent out. If the actual price is lower than the stated price, Amazon will charge the lower price and ship the good. On the other hand, if the actual price is higher, Amazon will either contact the customer or cancel the order and notify the customer of its cancellation. Despite all these precautions, however, Amazon has been involved in a number of argument concerning the incorrect pricing. Recently, in the UK Amazon made a mistake in advertising iPaq handheld computers priced at less than one fiftieth of the retail price. But fortunately, Amazon has managed to avoid big losses because its conditions of sale explicitly stated that the contract is not formed till the good was dispatched, giving Amazon the right to cancel most of the orders it has received. The contents of its conditions' statement were the same throughout. On the same token, in America, Amazon mistakenly put on sale a memory module priced at 10% less than the actual price and DVD's priced at 75% of their list price. Amazon in America emailed notices to customers, in according to their pricing policy, requesting if they could pay for the actual price of the products or cancel their order completely. Several customers filed complaints to the Federal Trade Commission and the Better Business Bureau. But it is not clear how these complaints have been resolved. Conclusion In short, to avoid losses caused by pricing errors, online seller can employ a few measures ensuring that his business is protected. One of the thing the seller should do is he should include the terms and conditions in the contract stating that he reserves the right to cancel orders and an explanation that the customer's order only constitutes an offer, which the seller can accept by charging the customer's credit card or by dispatching the good. In addition, the customer should be required to assent to those terms and conditions by clicking â€Å"I accept† during the checkout process. The English cases indicate that the terms of a contract are binding if a seller has made sufficient efforts to bring the terms to the attention of the buyer and if the parties agree to the terms. It is very important that the buyer who buy things online ought to see and accept the terms before an order is placed. However, the terms should allow the sellers to reject orders at any stage before dispatch. Any automatic response to an order ought to let the buyer know that a binding contract has not been entered into and the price is subject to change until it is shipped. Although these precautions has taken place, a seller online may still face potential litigation and consumer complaints, concerning any incorrect prices confirmed by auto-reply emails. The Internet is undoubtedly will grow in importance and it is no more than a tool of communication just like the telephone, telex or fax. Furthermore, electronic contract is becoming more common and right now a substantial percentage of both commerce and consumer contracts is concluded in cyberspace. Although e-commerce contracts suffer some problem, but they can be overcome by applying the three basic questions, when was the contract concluded? What are the terms of the contract? and where is the contract governed? These questions would help us to deal with any contract whether it is formed electronically or by more traditional means. â€Å"It is the moral equivalent of being given too much change in a supermarket and pocketing the money instead of handing it back† ( Bill Thompson, technology analyst).