Friday, December 27, 2019

The Narrative Of Our Lives Intersects With God s Story

This Sunday we will wrap up a sermon series called â€Å"Storyline† in which we have explored how the narrative of our lives intersects with God’s story and helps to move the plot along. You can get caught up on the entire series here. This series has challenged me as I hope it has you. It has caused me to take a step by and examine the many ways in which Jesus has showed up in the storyline of my life and has caused me to look for him more closely in the everyday. Where is God using my story to impact someone else’s? But as the series wraps up this weekend it also has me thinking about happy endings and I had a flashback this week to a storyline out of my own life. During a period when I was in High School, my dad was traveling quite a bit†¦show more content†¦By the time we get to the end she will be thanking us for broadening her horizons and introducing her to a new genre of film.† Yeah, I know what you are thinking†¦..bad idea†¦.. We got home, popped the video in the VCR and all was going very well for the first hour or so, but as the plot moved along towards the climax and conclusion, my mom started to get nervous. â€Å"Does this movie have a happy ending?† she asked skeptically. â€Å"Just watch the movie, mom.† I tried to dodge the question. â€Å"This doesn’t have a happy ending, does it?!† she was catching on†¦. â€Å"Mom! Like, this movie won OSCARS†¦.it’s seriously good†¦..you’re going to love it†¦.just watch!† â€Å"I can tell this movie does NOT have a happy ending!† she continued her protest followed by a gasp, â€Å"Does someone DIE in this movie?! Wait! It’s the cute kid isn’t it?! If the cute kid dies you are grounded!† Spoiler alert†¦..the cute kid died†¦..and I got grounded†¦.. With the maturity of adulthood I can now see the error of trying to force my mom to enjoy a movie that doesn’t have a happy ending. I have even grown to appreciate her affection for the happy ending and have now implemented a similar rule of movie picking with my own family. After all, who needs entertainment that is depressing? There’s enough pain and hurt and evidence of brokenness in the world around us on a daily basis. A happy ending in real life is a rare thing anymore. What’s wrong with escaping for 2 hours to a make-believe world where everyone alwaysShow MoreRelatedFaith, Morals, Ethics And Cultural Values1077 Words   |  5 PagesStories have great power to shape, inform and transform our lives. Through stories important traditions, morals, ethics and cultural values are passed down from generation to generation. In the same way the Bible is the story of God that has the power to transform our lives. The captivating and transforming power of story in preaching forms the foundation of Dan Boone s Preaching the Story that Shapes Us. Dr. Boone shares why he believes that narrative preaching is the best way to preach the storyRead MoreImpact Of Colonialist Values On Perceptions Of Native Americans1556 Words   |  7 Pagesperception caused by the influence of domination and colonialism. To prove his point, King uses metaphors and allusions, intervenes in literature with colonialist views to see how it differs compared to Native American traditions, and uses a clever narrative style to further echo his message. King allegorises the cultural conflicts between natives and European North American society by using his character’s situations to his advantage. In his novel, Lionel, the main protagonist, is continuously hauntedRead MoreMosquita Y Mari Film Analysis1448 Words   |  6 PagesAurora Guerrero is a coming of age story set about Huntington Park in the southeastern part of Los Angeles. It uses tense scenery that seeks to explore what it means to be in a romantic relationship versus a close friendship. Furthermore, upon legitimizing Yolanda and Mari`s relationship the film provokes the audience to ask the question, â€Å"If they are queer, what is keeping them in the closet?† This question is most effectively answered by examining how Yolanda and Mari`s ethnicity, locational, and immigrantRead More Myth of Courage Exposed in The Things They Carried Essay2662 Words   |  11 PagesTHINGS runs almost contradictory to the traditional war story. Whereas traditional stories of war take place on battlefields where soldier battles soldier and the mettle of man is tested, OBriens battle occurs in the shadowy, private place of a soldiers mind. Like the Vietnam War itself, THINGS forces Americans to question the foundations of their beliefs and values because it calls attention to the inner conscience. More than a war story, OBriens The Things They Carried is an expose on personalRead MoreMary and Max9879 Words   |  40 Pagessyndrome. Now aware of why he has difficulty relating to other people, Max finds a new lease on life and resumes his correspondence with Mary. The two remain friends for the next two decades, keeping one another updated on various events in their lives. Mary (Toni Colette), inspired by her friendship with Max, becomes a psychologist and marries her childhood crush, an effeminate young Greek Australian man named Damien Popodopoulos (Eric Bana) who enjoys sewing but fears Marys sexual advances. MaxRead MoreThe Hours - Film Analysis12007 Words   |  49 Pagesof our identities, capable of identifying with the different types of texts, voices, semantic, syntactic, and phonic system at play in a given text (Waller 282). In fact, it is the reader who traces the intertextual references, which in their turn guide him or her towards a better understanding of the text: The term [intertextuality] indeed refers to an operation of the readers mind, but it is an obligatory one, necessary to any textual decoding. Intertextuality necessarily complements our experienceRead MoreBeyond the Problem of Evil Essay6495 Words   |  26 Pagesapp arently unavoidable contradiction between the notion of God as omnipotent and omnibenevolent, on the one hand, and the existence of evil (natural and moral), on the other.{1} Indeed, granting that God is all powerful, it would seem impossible for us to vouch for his benevolence, considering our first-hand experience of evil in the world. Likewise, if we grant from the outset that God is the paradigm of goodness, then it would seem that we must modify our conception of his power. However, Christian orthodoxyRead More The History of Art Essay4153 Words   |  17 Pagesderived from the scientific forms of nature. Clearly, his ideology does not fit into the Ancient World’s artistic representations. As art evolves throughout history it intersects with Aristotle’s philosophy although not for many centuries will we begin to see his naturalistic/scientific theory evolve. Human beings are born, live, and held prisoners of their bodies. Since the beginning of time, the human form has been represented in pictorial depictions. Representation of animals and nature appearRead MoreHollywood History5698 Words   |  23 PagesMay 2010 [pic] [pic] Foreword 1. The beginning of Hollywood 2. The name †Hollywood† 3. The movie of S. Porter - â€Å"the father of the Story Film† 4. The Hollywood sign 5. The growing film industry 6. The new Hollywood 7. The beginning of the Academy Awards 8. The Golden Age of Hollywood 9. Hollywood during the War Years 10. Stars Conclusion Bibliography Foreword I have always been fascinated by the Hollywood’s world, a world of mixture between realityRead MoreCleanth Brookss Essay Irony as a Principle of Structure9125 Words   |  37 Pageshave set ourselves, it is the methodological aspect of these questions that will be most heavily stressed. There will be no assessment of the economic content of the theory of accumulation, nor of Marx’s economic theories as such: we shall confine our discussion to their methodological premises and implications. It will in any case be obvious to the reader that the present writer upholds the validity of their content. Secondly, a detailed analysis of Rosa Luxemburg’s thought is necessary because

Thursday, December 19, 2019

The Noble Chivalric Code And The Middle Class - 1489 Words

From the Anglo-Norman time period through to the Renaissance the construction of class gradually changed from a strict feudalistic system to an up rise of the middle class that challenged the nobility authority. Intertwined in all the literary works of this time period, there was growing tension between the noble Chivalric Code and the middle class. There were six very different pieces written by six very different authors, who represented very different ideas of class division based on the timeframe in which they lived. From chivalry as a knight to ideals of the middle class, this theme is presented thoughout. Chivalry was an ambition, an alluring ideal to which young knights might aspire. â€Å"While Chivalry definitely existed, there was no exact â€Å"Code of Chivalry.† Like a lovely dream, it had many interpretations. Because of this, the definition of chivalry was, and continues to be, in a constant state of change (Leffert).† Marie De France wrote â€Å"Lanval†, a lay, in 12th century A.D., which was during the Anglo-Norman period. â€Å"The lais combined realistic and fairy-tale elements, and their author was skillful in the analysis of love problems and often showed a keen interest in contemporary life (Legge).† Feudalism, the exchange of land for food and money, was extremely prevalent duri ng the reign of Henry II. The way the French/English division of class operated heavily influenced De France as she wrote this piece. Therefore, the class division within Lanval reflects the classShow MoreRelatedThemes in Sir Gareth1078 Words   |  5 PagesSir Thomas Malory wrote Le Morte d’Arthur in the middle of the fifteenth century and it has now become a paradigmatic representation of Middle English Literature. In this essay I am going to look closely at a section of The Tale of Sir Gareth of Orkney; paying close attention to style, theme and lexis used as well as looking at how this passage fits into the society of the fifteenth century. The extract I am going to examine is situated close to the start of the narrative; hence itRead MoreKnights Of The Middle Ages1692 Words   |  7 Pagesstand for much more, in particular, a code of behavior, conduct and ethics to which all knights were held. These knights were bound by a code of honor. Each knight had to swear that he would defend â€Å"the weak, the poor, widows, orphans, and the oppressed. He was to be courteous, especially to women; brave; loyal to his leaders; and concerned about the welfare of his subordinates, or those of lesser rank and position† (Schlager par. 30). Knights of the Middle Ages were not always considered to be ofRead MoreKing Arthur and the Knights of the Round Table Essay2967 Words   |  12 PagesKing Arthur and the Knights of the Round Table The legends of King Arthur of Britain and his Knights of the Round Table, among the most popular and beloved of all time, originated in the Middle Ages. As they do today, medieval people listened to the accounts of Arthur with fascination and awe. It is certain that popular folktales were told about a hero named Arthur throughout the Celtic parts of the British Isles and France, especially in Wales, Cornwall, and Brittany (Lunt 76). Other storiesRead MoreEssay about Chivalry in the Middle Ages: Illusion or Reality?1922 Words   |  8 Pagessociety [that] clashed with the reality of things† , and in our rather cynical age, this is probably the predominant view of the middle ages. Nonetheless, it is not a view that has gone unchallenged by more recent historians, and even Huizinga concedes that for the nobility, chivalry constituted â€Å"an amazing self-deception† , an ideal that resonated with many young nobles who wanted to believe in it, for all its impracticalitie s. However, in order to answer the question of whether chivalry wasRead MoreThe Periodization of the History of Western Europe1669 Words   |  7 Pagesperiodization of the history of Western Europe during the Middle Ages into three eras: the Early Middle Ages (5th-11th Centuries AD); the High Middle Ages (1000-1300 AD); and the Late Middle Ages (1300-1500). Construction of the great Gothic cathedrals began during the High Middle Ages, which was an era that experienced a dramatic re-emergence of urban life and an increasing sophistication in secular culture (Singman xi). Major events in the High Middle Ages include the conquest of England by the NormansRead MoreQuestion and Answers on the Medieval Time Period900 Words   |  4 Pagesplay in the chivalric society? Chivalry is a system with principles and customs for people that are training to become a knight. In the medieval days they lived up to the code that many knights highly rated as a valuable way to live by. In ancient Rome they praised battle tactics as well as literature and other type of art. There was nothing more important to the knights than honouring, serving and always displaying the courage to fight for their respected sides. In the later middle ages, wealthyRead MoreHumanism: Renaissance and Merchant Class1743 Words   |  7 Pages This does not mean that it was sudden, neat and clean. It was gradual, inconsistent, and variable from place to place. The Renaissance had its origins in Italy because a powerful merchant class arose in its cities that replaced the landed aristocracy and clergy as the leaders of society. This new class, along with many aristocrats and clergy, embraced humanist ideals. Generally speaking, humanism was a new worldly ideal to replace the medieva l focus on eternal life. Humanism was foundedRead MoreFate Or Free Will Controls Human Lives1609 Words   |  7 Pagesfree will controls human lives, it is important to objectively analyse, synthesizes, and respond to the â€Å"critical conversation† that the authors of class readings seem to be engaging with regard to this subject. In connection to this, humanity has been fascinated by fate and free will for a long time. Some philosophers in the Ancient Greek and the Middle Ages believed that free will influenced human destiny while others believed that fate was responsible for what befell mankind. The theme of fateRead MoreDepiction and Development of the Knight Hero in Wolfram von Eschenbachs Parzival2808 Words   |  12 PagesIntroduction Wolfram von Eschenbach’s epic poem Parzival stands as one of the richest and most profound literary works to have survived from the middle ages. Lost in obscurity for centuries until rediscovered and republished by Karl Lachmann in 1833, the poem enjoyed at least as great a popularity when it was first composed as it does among today’s readers: Some eighty manuscripts have been preserved, in whole or in part, from Wolfram’s era (Poag 40). Among the more intriguing aspects of theRead MoreBooks Are Humanity in Print Essay1364 Words   |  6 Pagesand a progressively mobile worldwide population. Each literary era reflects the human feats, lifestyles, and changing times: Anglo-Saxon epics consist of glory battle scenes, bloodied warriors, and feuding countries; Middle English works consist of glorified knights, the chivalric code, and a greedy, materialistic court; and, modern literary classics depict worlds of which the human race is ruled by technology. From ancient Greek mythology to the next big literary classic, the era in which a work is

Wednesday, December 11, 2019

Organizational Learning and Development

Question: Discuss about the Organizational Learning and Development. Answer: Organizational Learning and Development There are different ways of learning in an organization. The process of organizational learning is synonymous to create, retain and transfer the knowledge within the areas of the organization. The different learning styles are named as spatial, linguistic, auditory-musical, kinesthetic, mathematical, interpersonal, and intrapersonal learning styles. The human resource professionals will have their own knowledge and ways of processing the learning style at the workplace. There is a different cognitive factor at an individual level and environmental factors at organizational level which affect the learning in the company. Based on the researches and studies, it was found out that learning process influences positively with the factor of competitive advantage. If learning takes place widely in the workplace, it carries the high level of competitive advantage. Organizational learning is helpful in the time of transition (Martinette and Obenchain-Leeson, 2012). If the employees are taken through learning process, the level of resistance will be low and new change can be executed in the most effective way. Basically, there are three types of model for learning and development, the integrated model, two-way dimensional system frameworks and E flow model. When the external and internal factors drive the change in the company, organization passes through the transformational phase. The theories are divided into two parts, transformative learning system at an individual and personal level and transformational change framework at the managerial level. What I feel as the best way is to use 'On the job' training along with practical learning system in the organization to make the learning cycle short and quick. Leveraging tools like classroom trainings, Web-ex sessions and instructor led trainings can prove to be helpful. Moreover, we can even follow Lewin or Kotter model of managing change in the organization during the transition and transformational stage. It enables a m anager to have a smooth transition and learning with minimum resistance (Armstrong, 2006). Reference Armstrong, M. (2006).A Handbook of Human Resource Management Practice. 10th ed. London: Kogan Page, pp.539-348. Martinette, L. and Obenchain-Leeson, A. (2012). The Relationship Between Learning Orientation And Business Performance And The Moderating Effect Of Competitive Advantage: A Service Organization Perspective. Journal of Service Science, 5(1), pp.43-58.

Wednesday, December 4, 2019

Medallion A Character Study free essay sample

An analytical paper which discusses how Toni Morrison creates a detailed character with the city of Medallion, and its significance throughout Sula. The authors thesis statement: When examining Sulas Ohio town of Medallion, it can be concluded that the town does, indeed, act as a character in the story, acting as both protagonist and antagonist as Nel and Sula evolve. We will write a custom essay sample on Medallion: A Character Study or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page In any given piece of literature, there are characters that drive the story. These characters, these people, each have distinct personalities and each lend their own charisma to the piece. They interact with one another, and can have great effect on each others lives throughout the plot. They also have their own internal struggles and their own histories. The action of the characters is the lifeblood of any play, novel, or short story. Yet the setting can also be extremely significant, leading us to the question, what defines a character? Can a place, an entity other than an individual person, act as a character in a story? When examining Sulas Ohio town of Medallion, it can be concluded that the town does, indeed, act as a character in the story, acting as both protagonist and antagonist as Nel and Sula evolve.

Sunday, November 24, 2019

Consider whether the Consumer Protection Act Essays

Consider whether the Consumer Protection Act Essays Consider whether the Consumer Protection Act Essay Consider whether the Consumer Protection Act Essay See whether the Consumer Protection Act 1987 has made a important difference to patients who suffer hurts as a consequence of faulty medical merchandises. This essay will briefly see the place of patients who suffered hurts as a consequence of faulty medical merchandises prior to 1988. The piece will so see the effectivity of the Consumer Protection Act 1987 and supply an analysis of the relevant instances to day of the month. Before the Consumer Protection Act 1987 was enacted, patients who were injured as a consequence of faulty medical merchandises had really limited options in footings of recovery. Where a consumer had himself bought the merchandise so he may hold been able to action in contract. This would usually be through the operation of the Sale of Goods Act 1979 which implies footings that the goods must be of satisfactory quality [ 1 ] and that the goods must be moderately fit for the intent for which they are sold [ 2 ] . However, contractual redresss are of limited relevancy to consumers who suffer drug-related hurts [ 3 ] as it is unusual for a contract to be straight between the consumer and the medicine’s maker. Furthermore, where a drug is prescribed under an NHS prescription, there is no contract with either the druggist or the physician who wrote the prescription. InPfizer Corporation v Minister of Health[ 4 ] it was held that payment of the charge for prescription drugs does non amount to a sale for contractual intents. This is because there is no existent freedom to contract, the druggist is duty edge to supply the drugs if presented with a prescription and the payment of the charge, and besides because the charge does non amount to the true monetary value of the drug. The lone other possible cause of action for those injured by faulty medical merchandises before the Consumer Protection Act 1987 came into force was that of a claim in carelessness. This was ( and still is ) available where the consumer could turn out that she was owed a responsibility of attention, and that the manufacturer’s breach of that responsibility caused her hurt [ 5 ] . There are loosely three different types of defect which might be identified in a merchandise: fabrication defects ; design defects ; and, failure to give equal warnings [ 6 ] . Where the defect is a fabrication defect, it will be comparatively straight-forward to turn out that there has been a breach of responsibility as failure to guarantee that medical specialties leave the manufacturer’s premises in a province tantrum for human consumption will by and large bespeak carelessness. However, where the defect is one in design the job is more complex. As no drug can of all time be without effects, side effects can be inauspicious and unanticipated. The claimant would hold to p-rove foreseeability of hurt and that providing the merchandise was unreasonable. It will probably be really hard for the claimant to derive entree to the needed information for cogent evidence and research tests can non be expected to detect every possible side consequence in every possible consumer. A care lessness claim in these fortunes is hence debatable. Similarly, where it is alleged that a warning was faulty, a consumer will be contending against the fact that once more, no drug is wholly safe for everybody and a maker will hold acted moderately if he took sensible stairss to alarm consumers to the hazard of some side consequence. Furthermore, the claimant must besides turn out causing. This is hard because she must turn out that she would non hold taken the drug in inquiry if she had been warned of the peculiar side consequence. As hazards of side effects are by and large low, the job here is obvious. In the 1970s there was a motion in Europe towards integrating a rigorous liability government for hurts cause by faulty merchandises, in portion caused by response to high profile drug jobs such as those associated with the Thalidomide catastrophe [ 7 ] . In 1976 a bill of exchange Directive was presented by the European Commission to the Council Ministers, and in 1977 the European Convention on Products Liability in respect to Personal Injury and Death ( Strasbourg Convention ) [ 8 ] was signed. However, subsequent old ages saw a diminution in involvement for generalised reform. In the UK, the Pearson Commission did non urge no-fault compensation and instances such as Opren and blood taint were regarded as one-off catastrophes [ 9 ] After via media in footings of inclusion of a ‘development hazards defence’ , a 2nd version of the Directive was accepted. It was implemented in the UK by the Consumer Protection Act 1987. This Act was designed to do it easier for patients to action the manufacturer of a drug they believe injured them [ 10 ] . The balance of this essay will see to what extent the Consumer Protection Act has succeeded in this purpose. Under the Consumer Protection Act 1987 a claimant seeking compensation from the maker need merely turn out ( 1 ) that the merchandise was faulty and ( 2 ) that the defect in the merchandise caused the hurt. It is said that rigorous liability is fairer to claimants because it establishes that duty for an hurt caused by a faulty merchandise is borne by the individual making the hazard and profiting financially from the merchandise [ 11 ] . Furthermore, the maker is in the best place to exert control over the safety and quality of the merchandise and can see against hazards. The Act imposes rigorous liability on makers and, where a provider can non or will non supply inside informations of the maker, on providers besides, for faulty merchandises which cause physical hurt, or belongings harm greater than five 100 euros, though pure economic loss is non covered. Any claim under the Act, in order to be successful, must be brought within three old ages of the find of the harm or hurt, and there is a maximal clip bound of 10 old ages from when the merchandise was first put into circulation [ 12 ] . This clip bound makes it easier for makers to see against liability, but it will necessarily go forth some people uncompensated as some inauspicious reactions can take many old ages to attest themselves. As the Act applies merely to drugs put into circulation after it came into force on 1 March 1988, it could be expected that there would be comparatively few instances brought under the statute law in the first old ages, yet Lord Griffiths [ 13 ] thought that once it was no longer necessary to turn out carelessness, there would be a â€Å"significant increase† in merchandise liability judicial proceeding. Stapleton has attempted to explicate the possible grounds for the Act’s limited impact and concludes: â€Å"In my position, the most convincing account for this no-significant-impact phenomenon is merely that the new jurisprudence barely advances the place of the consumer at all†¦ Save in a few peripheral contexts, no greater liability is imposed by the Directive than already exists under the other two chief causes of action available to victims of faulty products.† [ 14 ] In order to analyze the effectivity of the Consumer Protection Act it is necessary to find what the Act applies to. Medicines and medical devices are ‘products’ for the intents of the Act, but until reasonably late, it was ill-defined whether human organic structure tissues or fluids would be covered [ 15 ] . InA 5 National Blood Authority[ 16 ] it was accepted that blood is a merchandise under the Act. It hence seems likely that gametes will be capable to the Act’s commissariats, although the position of variety meats is as yet ill-defined [ 17 ] . Possibly one of the countries from which jobs stem in the Consumer Protection Act, is the significance of ‘defective’ . Section 3 ( 1 ) of the Act provides that: â€Å"†¦ there is a defect in a product†¦ if the safety of the merchandise is non such as individuals by and large are entitled to expect.† Observers have criticised this as merely repeating the inquiry: how safe are individuals entitled to anticipate a merchandise to be? [ 18 ] Thereby organizing a round statement [ 19 ] . Section 3 ( 2 ) of the Act goes on to direct the justice to take history all relevant fortunes, including, though non entirely [ 20 ] : â€Å" ( a ) the mode in which, and the intents for which, the merchandise has been marketed, its get-up, the usage of any grade in relation to the merchandise and any instructions for, or warnings with regard to, the making of anything with or in relation to the merchandise ; ( B ) what might moderately be expected to be done with or in relation to the merchandise ; and ( degree Celsius ) the clip when the merchandise was supplied by its manufacturer to another.† The Act does non separate between fabrication, design or failure to warn defects. The definition applies easy to fabricating defects, where the merchandise is less safe than it should hold been because of a faulty production procedure, but in the instance of medicative merchandises, fabrication defects are highly rare [ 21 ] . It is more usual for claimants to aver that the design was faulty, or that they were inadequately warned about a peculiar hazard, and in both of these state of affairss, working out what degree of safety people are entitled to anticipate becomes debatable. It may be argued that consumers may neer anticipate to be injured by a particu7lar merchandise, so that any merchandise which causes in jury is faulty [ 22 ] . However, the trial is an nonsubjective one and, where medical specialties are powerful plenty to change physiological map it may be expected that they will on occasion do inauspicious reactions. Ferguson has suggested another ground why the consumer outlook trial is awkward in its application to pharmaceutical merchandises: â€Å"While one can accept that consumers may develop certain outlooks as to the safety of most consumer goods, pharmaceutical drugs and devices are in a different place since they have to go through rigorous demands, laid down by authorities organic structures, before they can be marketed. It is arguable that a consumer should non anticipate a merchandise which has satisfied the criterions imposed by such organic structures to be any safer than in fact it is† [ 23 ] In other words, if the CSM decided that the medical specialty is sufficiently safe, it would so look odd for a tribunal to make up ones mind that consumers are entitled to anticipate it to be safer. It has been suggested that before the judgement inA 5 National Blood, the tribunals appeared to bespeak that what consumers were entitled to anticipate depended upon the rationality of the defendant’s behavior, and that this in bend â€Å"looks really like an appraisal of whether the suspect was negligent† [ 24 ] . InWorsley V Tambrands Ltd[ 25 ] the claimant suffered toxic daze syndrome which she alleged was caused by a tampon manufactured by the suspect. The claimant had read the cusp included with the box of tampons but her hubby had so thrown it off before she became sick, and as a consequence the claimant did non instantly acknowledge the symptoms and she became unwell. Once she had recovered she alleged that the maker of the tampons had negligently failed to warn her of the hazards of toxic daze syndrome and that the merchandise was faulty under the Consumer Protection Act due to the unequal warnings. The Court rejected the entry that the warnings were unequal and found that the maker had taken the stairss a consumer was entitled to anticipate by ( 1 ) seting a clearly legible warning on the exterior of the box which directed the user to the information cusp and ( 2 ) supplying a clear and unambiguous warning about symptoms and necessary action on the cusp. Similarly, inRichardsonV LRC Products Ltd[ 26 ] the claimant became pregnant when the rubber her hubby used fractured during intercourse. The claimant alleged that the rubber was faulty because it failed. There was conflicting adept grounds in the instance as to when oxidation of the rubber cloth had occurred, with the claimant contending that it was during industry and the suspect reasoning that it was after the break had occurred, whilst being stored in a bathroom closet. The Court decided that although users did non anticipate rubbers to neglect, individuals by and large could non anticipate any method of contraceptive method to be 100 per cent effectual. It was held that the rubbers in inquiry were manufactured to a more demanding criterion than the relevant British Standard. Yet once more, this appears to be taking into history the reasonableess of the defendant’s behavior when proving the merchandise. As Jackson concludes [ 27 ] : â€Å"But if the degree of safety peopl e are entitled to anticipate can non be measured without mention to therationalityof the defendant’s behavior, ‘strict liability’ may be identical from negligence† . Furthermore, inFoster V Biosil[ 28 ] the claimant had undergone chest implants after a bilateral mastectomy. She brought proceedings under the Consumer Protection Act avering that the implants were faulty as the left implant had ruptured. The suspect alleged that the rupture was caused by the sawbones ‘nicking’ it on nidation but the justice rejected this. It was held that the claimant was obliged to turn out the fact of the defect and besides the cause of it, thereby turn outing that the maker had non taken sensible attention. However, this line of instances was interrupted byA 5 National Blood Authority[ 29 ] mentioned supra. This instance has been described as â€Å"by far the most of import instance yet to construe the Consumer Protection Act 1987† [ 30 ] It concerned claims by patients infected with hepatitis C from blood and blood merchandises through blood transfusions after 1 March 1988. The suspects conceded that blood fell within the definition of merchandises for the Consumer Protection Act 1987. It was decided by the tribunal that the commissariats of the Act must be interpreted in visible radiation of the European Product Liability Directive, and that where there were any evident incompatibilities, the Directive should be preferred [ 31 ] . It was the Court’s sentiment that, in finding whether the contaminated blood was faulty, the inquiry was what the legitimate outlooks of the populace were in relation to the merchandise. Peoples expected blood to be clean, and whether the relevant defect was evitable or non was non the issue. The suspects argued that the populace could merely anticipate that they would hold done what was possible to test the blood and avoid the taint, but this was non followed. The Court adopted a differentiation between standard merchandises, which are as the manufacturer intended them to be, and non-standard merchandises which differ. Where a non-standard merchandise is in issue, the populace at big should non be taken as knowing that the merchandise is inescapably insecure. InA 5 National Blood Authoritythe suspects besides attempted to raise the ‘development risks’ defense mechanism contained in subdivision 4 ( 1 ) ( vitamin E ) of the Consumer Protection Act 1987 which provides â€Å"†¦ the province of scientific and proficient cognition was non such that a manufacturer of merchandise of the same description as the merchandise in inquiry might be expected to hold discovered the defect† . The Court went back to the Directive and held that as the hazard was known it did non count that testing processs had non at the clip been developed. This determination hence sum to doing the defense mechanism one of the defect being unascertainable. Equally far as standard merchandises are concerned, the opinion inA 5 National Blood Authorityhas non had an impact, and the old line of instances continues. InPiper V JRI ( Manufacturing ) Ltd[ 32 ] a hip replacing which fractured after 18 months was accepted as faulty. The maker argued that the hip must hold been damaged on nidation, and hence that the defect did non be at the clip it was put into circulation. The adept grounds was extremely conflicting and the Court did non prefer either side. However, the Court decided that the defect would had to be missed by a figure of persons if it were present at the clip it was put into circulation. So, although the instance did non turn straight on the diction of the Act it â€Å"adds to a losing tally for claimants in instances in which the debut of no-fault liability has failed to capture the enthusiasm of the bench† [ 33 ] . It has been argued that a risk/benefit attack may run more efficaciously in instances refering medical merchandises than the consumer outlook trial presently in operation [ 34 ] . Goldberg [ 35 ] provinces that â€Å"there is an built-in logic in turn toing the jobs of faulty medicative merchandises by weighing the hazards against the awaited benefits and against the ‘costs’ of non utilizing the product†¦Ã¢â‚¬  . Furthermore, before the judgement inA 5 National Blood AuthorityGrubb and Pearl [ 36 ] wrote that the public-service corporation of blood, coupled with the absence of any less unsafe option, were likely to take a tribunal to reason that blood is non faulty and that hence rigorous liability would non be applied. In decision, the Consumer Protection Act 1987 has non resulted in the significantly higher degrees of judicial proceeding expected. This may in portion be because the significance of defect has been ill-defined and possible claimants have been put off by the instances decided. However, since the determination inA 5 National Blood Authoritynon-standard merchandises, at least, are genuinely considered on a rigorous liability consumer outlook footing. This is despite old concerns that the Consumer Protection Act was being interpreted as offering no more to claimants than an ordinary carelessness claim. Yet, it is possibly non the instance that claimants are non being served by the Consumer Protection Act as it is unknown how many instances are now settling because of it that antecedently would hold gone to test, conveying all the emphasis to claimants that that entails. Bibliography M Brazier A ; E CaveMedicine, Patients and the Law( 4ThursdayEdn, Penguin, London 2007 ) E Deards A ; C Twigg-Flesner, ‘The Consumer Protection Act 1987: cogent evidence at last that it is protecting consumers’ ( 2001 ) 10 ( 2 )NottinghamLaw Journal1 WCH Ervine, ‘Satisfactory Quality: What does it Mean? ’ ( 2004 )Journal of Business Law684. P Ferguson,Drug Injuries and the Pursuit of Compensation( Sweet A ; Maxwell, London 1996 ) R Goldberg, ‘Paying for Bad Blood: Rigorous Product Liability after the Hepatitis C Litigation’ ( 2002 ) 10Medical Law Reappraisal165 Lord Griffiths, P De Val A ; RJ Dormer, ‘Developments in English Product Liability Law: A Comparison with the American System’ ( 1988 ) 62Tulane Law Review353 A Grubb A ; D Pearl,Blood Testing, AIDS and DNA Profiling( Jordan and Sons, Bristol 1990 ) J HerringMedical Law and Ethical motives( 2neodymiumEdn, Oxford University Press, Oxford 2008 ) E Jackson,Medical Law: Text, Cases, and Materials( Oxford University Press, Oxford 2006 ) M Mildred, ‘Pitfalls in merchandise liability’ ( 2007 )Journal of Personal Injury Law, 141 P Shears ‘The EU Product Liability Directive – twenty old ages on’ ( 2007 )Journal of Business Law884 J StapletonMerchandise Liability( Butterworths, London 1994 ) J Stapleton, ‘Products Liability in the United Kingdom: The Myths of Reform’ ( 1999 ) 34TexasInternational Law Journal45 H Teff A ; C MunroThalidomide: The Legal Aftermath( Farnborough, Saxon House 1976 C Twigg-Flesner, ‘The Relationship Between Satisfactory Quality and Fitness for Purpose’ ( 2004 ) 63CambridgeLaw Journal22 Table of Cases A 5 National Blood Authority[ 2001 ] 3 All ER 289 Donoghue V Stevenson[ 1932 ] AC 562 Foster V Biosil( 2000 ) 59 MBLR 178 Pfizer Corporation v Minister of Health[ 1965 ] 2 WLR 387 Piper V JRI ( Manufacturing ) Ltd[ 2006 ] EWCA Civ 1344 Richardson V LRC Products Ltd[ 2000 ] PIQR P164 Worsely 5 Tambrands Ltd[ 2000 ] PIQR P95 1

Thursday, November 21, 2019

MOBILE COMMERCE (M- COMMERCE) Research Paper Example | Topics and Well Written Essays - 1500 words

MOBILE COMMERCE (M- COMMERCE) - Research Paper Example Mobile commerce is similar to e commerce because it is mediated by computer networks; however, it differs from this form because some internet devices do not have access to telecommunications networks. Mobile commerce has numerous benefits that companies in any industry can enjoy, and one of them is their ability to respond to issues instantly. It is a given fact that certain transactions are time-critical, such as making a buy in the stock market for brokers; having an m-commerce platform for such industries could make the difference between success and failure for these stakeholders. Businesses can gain significant leverage when they merge the intention to purchase with the actual purchase through a mobile device. One way of how this has been achieved is through the use of PDAs (personal digital assistant) in the healthcare sector. Nurses and physicians constantly need to access patient information or records even though this may have occurred in another department within the institution. Some healthcare providers that have adopted these technologies are now able to access patient status and other critical information without having to go to the corresponding department. This has minimized administrative cost while productivity has increased, and the service quality within these entities is also quite promising. In addition to its instantaneous nature, m commerce allows users to carry out transactions independent of their location; this could drive sales substantially for such companies. Many buyers may want to purchase a certain item or service but could be unable to do so because of their distance from the actual store. Even e-commerce, which promises such an advantage is often limited by one’s ability to locate a computer, yet this is not the case for mobile devices. M-commerce holds a lot of promise for businesses that embrace it because they have the opportunity to sale their wares to buyers anywhere they are. The ubiquity of