I Was A Secret Code - 1568 Words

When I was about eleven years old I had the habit of biting my nails, it wasn’t out of control, but it was enough to be noticed. I remember my mother pestering me to quit the obsession and I would always shrug her off and thought it wasn’t something to make such a big deal out of. She used many tactics to help me end this quirk—painted my nails to guilt me from ruining them, made a secret code word that she would say whenever I bit my nails, even bit her own nails to show how ridiculous I looked, but to no avail. A few weeks later after a vacation with family friends, as we were looking through the pictures and videos, I saw a video with myself in the background biting my nails in a daze. And it was as though I had an epiphany, if one can have one for such a mundane matter, I finally understood why my mother found my custom so uncouth. And thereafter I never bit my nails again. In hindsight it seems the obvious method to convince me of my foible, it is apparent t hat the purest way to self-reflect is by exposure to oneself through a candid lens. Woolf uses this very theory to create a character for Clarissa’s introspection and by means of this contemplation to authentically heal. In Mrs. Dalloway, Virginia Woolf uses the foil characters of Clarissa and Septimus, with parallel plotlines throughout the course of the narrative to highlight criticism on social issues such as mental illness, marriage and existentialism. Woolf creates Septimus as a physical manifestation ofShow MoreRelatedThe KKK and Real Estate Essay1227 Words   |  5 PagesTo what extent are real estate agents similar to the Ku Klux Klan? There is no stronger incentive than fear. Clans and secret societies are everywhere; Lawyers, police man, business man, politicians, life insurance sellers, car sellers and real estate agents are just some examples .The difference between them and the Ku Klux Klan is the aim and the means used to achieve their objective. The Klan’s aims is â€Å"by force and terror ,to prevent al political action not in accord with the views of memberRead MoreInfidelity and Confidentiality: A Dilema for Therapists Essays1399 Words   |  6 Pagestrust and following all ethical codes of confidentiality. In another case, we could possibly cause harm by keeping the client’s spouse in the dark about the affair. The fact that we aid the spouse in harboring this secret can backfire once the spouse finds out that we were well aware of any and all high-risk behavior that will cause emotional distress as well as put him or her in the direct path of potentially deadly sexually transmitted disea ses. In my research paper, I will discuss if it is ethicalRead MoreEssay about Schizophrenia in A Beautiful Mind912 Words   |  4 Pagesof code- breaking. This hallucination of Ed Harris is the key factor in Nash’s delusional thinking. He has delusions of being a secret government aide that is helping the U.S. find bombs throughout the country that were placed here by the Russians. Nash hallucinates that Ed Harris places a device inside his arm that allows him to see a code under an ultra-violet light. This device allows Nash to gain entrance to a secret location where he is to leave the cracked codes. In reality this secret locationRead MoreSymptoms of Schizophrenia Seen in A Beautiful Mind924 Words   |  4 Pagesin the field of code- breaking. This hallucination of Ed Harris is the key factor in Nashs delusional thinking. He has delusions of being a secret government aide that is helping the U.S. find bombs throughout the country that were placed here by the Russians. Nash hallucinates that Ed Harris places a device inside his arm that allows him to see a code under an ultra-violet light. This device allows Nash to gain entrance to a secret location where he is to leave the cracked codes. In reality thisRead MoreA Brief Note On The World War II1317 Words   |  6 PagesAJ Jefferson Ms. Taylor Language Arts/ Social Studies March 11, 2015 Aircraft, Machinery, and Submarines of WWII World War II was one of the biggest epidemics in the history of humanity. From Hitler to Franklin D. Roosevelt there were problems world wide.(submarine) These problems eventually led up to the outbreak of war, this war wasn’t any ordinary war either. It was brutal to say the least, with over twenty million deaths worldwide it nearly killed off one percent of the world population (Sheehan)Read MoreThe Ethics Of An Individual Session Essay1184 Words   |  5 PagesBill wanted to see Jack privately. I don’t think it was unethical of Jack to see Bill for an individual session, it just meant that he had now made the therapeutic relationship a little more complex. According to Bass and Quimby (2006 p. 77) none of the ethical codes indicated that conducting con- current individual and conjoint counseling is unethical, many organization caution their members about the ethical pitfall inherent in doing so. If I was jack I wouldn’t have agreed to see Bill Read MoreAnalysis Of Elizabeth Wein And The Holocaust And World War II1400 Words   |  6 Pagesplace in history was actually like? Explain using examples from the book. Before reading Code Name Verity by Elizabeth Wein, I was interested in the Holocaust and World War II which set me on the path to attempt to find this book. I knew fairly enough but the entire time period was intriguing. Thus, I picked this book up and set myself through the experiences of Julia Lindsay MacKenzie Wallace Beaufort-Stuart (whose code name Verity) and her very dear best friend Maddie Brodatt. I came away from theRead MoreThe History of Cryptography Essay1420 Words   |  6 Pagesis the use of codes and ciphers to protect secrets and has been around for centuries. It has its beginnings in ancient Egypt and has played a role in every part of history to its current role in protecting communications across today’s computer networks. In classical times cryptology was not as sophisticated as it is today, but it had its uses for that time in history. The early Greeks used what was called the Scytale Cipher. It was used between the Greek and Spartan armies and was very popularRead MoreA Report On The United States Customs Enforcement Agency1030 Words   |  5 PagesJacob Bertuglia Prof. Keilholtz CRJ-110 March 4, 2017 A Report on the Current State of The US Immigration and Customs Enforcement Agency And The US Secret Service 1. US Immigration and Customs Enforcement Agency. A. The mission of ICE is to enforce laws regarding the safety of the US such as immigration and customs laws, investigate and make necessary arrests in cases of the violation of these laws and if necessary, facilitate transfers of offenders to the custody of additional agencies dependingRead MoreOutline Of A Speech On Secret Societies928 Words   |  4 PagesI. Speech Overview: A. General Goal: To inform. B. Specific Goal: By the end of my speech, my audience will understand that secret societies have been around for many centuries. It’s a brotherhood that includes some of the most influential people that holds top position in government. II. Introduction: (This is where you start talking) A. Attention Grabber: What if I were to tell you that at this very moment a global secret brotherhood is plotting to control the world? Or worst, this plan is already

Definition Of Liabilities - 1623 Words

Current Liabilities Outstanding expenses Outstanding expenses are the opposite of prepaid expenses.. Even though they are to be paid at some future date, like wages, rent, etc.they are indicated on the firms balance sheet and firm have liability to pay this outstanding expenses in future when firm have cash in hand. Creditor Definition: †¦Ã¢â‚¬ ¦Ã¢â‚¬Å"Creditor is an accounting expression to indicate a party that has delivered a product, service or loan, and is owed money by one or more debtors†. In simple way we can say creditors are that those which are we purchase product, service or take money in credit base and we can make a promise to creditors to we can pay those money in future. Overdraft When a person or business require money this time†¦show more content†¦In business to getting profits, we need to buy some current assets and fixed assets. .Source and components of working capital Sources of finance for working capital are two ways like long term loan and short terms loan. In working capital or short term source are include bank loans, retained earnings, credit from suppliers, long-term loans from financial institutions, or proceeds from sale of assets. Sources of working capital finance Long-Term Loans Long term loan is the amount of money that is given to an individual or a company on the agreement .In this agreement they agree for pay the borrowed amount in a period that exceeds 12 months. In long term loan interest rate are .pre decided by the both parties and usually secured against certain assets .This type loan are given by different financial institutions .This type of loan taken by business men secure for long-term working capital for the business. Short-Term Loans Short-term loans are to be repaid within a year. Many financial institutions give this type loan like †¦.Savings banks, cooperatives and the government, private financers are some of the institutions that offer these loans. Bank overdraft is one such source of business finance. Trade Credit Trade credit is the credit given by one business trader to another for the purchase of goods and services. Or in otherShow MoreRelatedThe International Accounting Standards Board Essay1703 Words   |  7 Pages† According to Leisenring(2013)â€Å"That assets and liabilities are the fundamental elements of financial statements still is undoubtedly the most controversial, and the most misunderstood and misrepresented, concept in the entire conceptual framework† This essay focus mainly on revised definition of asset and liability , incorporating the discussion of the weakness of current definition about asset and liability, the analysis of proposed definition and demonstration of how the new proposal strengthenRead MoreThe Tort Of Intentional Interference With Economic Relations1127 Words   |  5 Pagescomponents of the unlawful means tort are that the defendant must use unlawful means to interfere with a trade or business, and that the defendant must intend to harm the plaintiff through the use of unlawful means. The tort creates â€Å"parasitic† liability in a three-party situation, meaning the plaintiff can sue for their economic loss due to the unlawful acts. 2. Why was Bram Enterprises Ltd. and Jamb Enterprises Ltd.’s (hereinafter ‘the Plaintiffs’) claim for intentional interference with economicRead MoreAcc/300 Week One Accounting Equation1262 Words   |  6 PagesThe accounting equation is, Assets are equal to Liabilities plus Stockholders’ Equity. Assets are resources owned by a business. Liabilities are the debts and obligations of the business. Liabilities represent claims of creditors on the assets of a business. Stockholders’ equity represents the claims of owners on the assets of the business. This equity is divided into two parts: common stock and retained earnings. The balance sheet reports assets and claims to assets at one specific point in timeRead MoreThe Mercantile Theory Of Criminal Law1642 Words   |  7 Pagesfreedom of choice and liberties of the individual, should be maximized by criminal law and always be taken into consideration when deliberating upon sentencing and judgements in cases. The Mercantile Theory deliberately opposes the idea of strict liability as it wishes for excuses to be welcomed in the law system to prevent excessive or wrongful punishment. By allowing excuses with The Mercantile Theory, we are allowed freedom in Hart’s view. Hart argues that if a person can enter a considerably dangerousRead MoreConceptual Framework For Financial Reporting1512 Words   |  7 PagesIFRS:Conceptual Frameworkfor Financial Reporting Role of the Conceptual Framework Conceptual Framework sets out agreed concepts that underlie financial reporting objective, qualitative characteristics, element definitions IASB uses Conceptual Framework to set standards enhances consistency across standards enhances consistency over time as Board members change provides benchmark for judgments Preparers use Conceptual Framework to develop accounting policies in the absence of specific standard orRead MoreDefend the Asset/Liability Approach of Accounting for Inter-Period Income Tax Allocation.642 Words   |  3 PagesTeam 2: Defend the asset/liability approach of accounting for inter-period income tax allocation. The asset/liability method of income tax allocation is balance sheet oriented. The intent is to accrue and report the total tax benefit or taxes payable that will actually be realized or assessed on temporary differences when their respective future taxable or deductible amounts are expected to occur. The book states 5 arguments: 1. The balance sheet is becoming more important financial statementRead MoreThe Conceptual Framework For Financial Reporting1286 Words   |  6 Pages(International Accounting Standard Board) releases the latest Exposure Draft (ED) ED/2015/3 proposal revising the conceptual framework for Financial Reporting that will set the future directions for the content of IFRS. The ED proposes revision to the definitions of elements in the financial statements, including guidance on derecognition, discussion on measurement basis, OCI in relation to performance reporting. The proposals aim is to improve financial reporting by providing a more complete, clearer andRead MoreBusiness Formations : The Legal Environment1143 Words   |  5 Pages 1 LAWS-310: The Legal Environment Memo to Gloria Smithson +++ Linda Plowman DeVry University Sep 21, 2014 Table of Contents Introduction 3 Business Formations Identification 3 Business Formations Definition 4 Pros and cons 5 Conclusion 7 References 8 â€Æ' Introduction This memo is about providing to Smithson’s family a summarized and explanatory paper that will advise them regarding their will to create a business, which will be able to grow steadilyRead MoreWorking Capital Concept And Definitions Essay1063 Words   |  5 Pages2-2 Working capital concept and definitions According to, the first formation of the concept of working capital was possibly first established by Karl Marx (Bhattacharya 2006). Working capital was defined as current assets minus current liabilities. In general, this definition is also identified as â€Å"networking capital†. are sometimes Current assets called as gross working capital. The current assets can be divided into four main elements: (1) cash (2) marketable securities (3) accounts receivableRead MoreCase 9-4 Needsspace Essay1609 Words   |  7 Pagesthere is a contractual liability for the lessee to perform general repair and maintenance, the maintenance requirement provision may be assumed as a present economic obligation, not just a future commitment. If the fair value estimate of future maintenance expense can be measured with sufficient reliability, the provision may lead to recognition of an accrued liability for the repair and maintenance performance obligation at the inception of the lease. The accrued liability for the repair and maintenance

America s Public School System - 867 Words

One area of technological advancement I have a personal interest in is the global opportunity to improve the availability of a quality education. Education is changing at all levels due to advances in technology. In my opinion, the changes cannot be fast enough. The Huffington Post reports, â€Å"According to a study conducted in late April by the U.S. Department of Education and the National Institute of Literacy, 32 million adults in the U.S. can t read. That is 14 percent of the population. 21 percent of adults in the U.S. read below a 5th grade level, and 19 percent of high school graduates can t read.† Crum (2013) Upon further reflection, the public school system did not teach my sons to read, I did. I made sure they could read before†¦show more content†¦Barriers have prevented students all over the world from attending college or receiving a quality education, the kind that not only teaches the basics, but also teaches critical thinking and encourages life long learners and a world citizen philosophy. I believe everyone should be able to get a quality education and the fact that higher education has become so expensive and unattainable is a disgrace. The University of the People’s model of tuition free online education is an example of disruptive innovation that is moving us toward a more globalized system of higher learning. Advances in software and internet communication provide the framework to support a collaborative online learning network that crosses boarders and economic classes. Should this model prove successful and gain traction in the mainstream, it has the potential of making brick and mortar schools, as we know them obsolete. The Levin Institute describes how online schools are gaining traction with Global K12 curriculums as the International Baccalaureate (IB) curriculum includes as many as 141 countries. Global curriculums provide the opportunity for international education. Advances in technology provide some classrooms with access to materials and content and opportunities to connect at the international level. High-Speed Internet and computers are providing students an opportunity to expand beyond the classroom and establish

The Origins, History, Value, and Future of Cartography

THE ORIGINS, HISTORY, VALUE AND FUTURE OF CARTOGRAPHY Introduction Cartography has existed for thousands of years. From the early days of tribes marking off where their best hunting grounds are, to the modern day of mapping flight paths, cartography has evolved and developed in various ways to what it is today. There are now technologies that allow for people to design maps in ways never imagined before. Computer programmes exist that allow for different types of data to be stored so that accurate representations can be formed. It has been said that,†Maps are pictures of the world’s land surface, showing its features, resources and the way it has been developed.† (Bondi, et al., 1977) Origins and History The beginnings of Cartography It has been said that Cartography originated thousands of years ago. Wall paintings believed to represent a maps of the heavens exist all around the world. The oldest maps that have been preserved on Babylonian clay tablets are from around 2300 B.C. Cartography as a whole was dominant in Greece as the subject was more advanced than other locations and so the spherical Earth was well known amongst Greek philosophers. (Aber, 2008). The reference-line principle was created by one of Aristotle’s disciples. Dichaearchus was this disciple’s name and he obtained this theory by placing an orientation line that ran from east to west. (Fuechsel, 2013) The Roman Era is the next part of history where Cartography was involved in. Maps in this timeShow MoreRelatedIdentity And The Search For The Self Among The Sub Continental Diaspora10173 Words   |  41 Pagesfixed, contrastive and all inclusive leading to labelling of an individual and the group and their traits with a mark. According to Roy Baumeister (Identity, cultural change and the struggle for self, 1986), the changes in the social structure across history- be it social, economical, political and cultural- has resulted in the changes in the approaches to the identity theory. Prior to the Middle Ages, Identity of an individual was based on the geographical location of home, the institution of marriageRead More The Life and Contribution to the Development of the British Empire of James Cook5135 Words   |  21 Pagesoriginally a poor farm boy, explored and mapped vast uncharted areas of the Pacific and the Atlantic Ocean. However, James Cook was not ‘only’ an expl orer. He can also be called a scientist – he managed to introduce new principles into seafaring and cartography. For better understanding, the paper is divided into five chapters. The first chapter is the introduction, which throws light on the purpose and structure of the paper. The second chapter is a brief introduction to the situation in Great BritainRead MoreJames Cooks Contribution to the Development of the British Empire5375 Words   |  22 Pagesoriginally a poor farm boy, explored and mapped vast uncharted areas of the Pacific and the Atlantic Ocean. However, James Cook was not ‘only an explorer. He can also be called a scientist Ââ€" he managed to introduce new principles into seafaring and cartography. For better understanding, the paper is divided into five chapters. The first chapter is the introduction, which throws light on the purpose and structure of the paper. The second chapter is a brief introductionRead MoreGeographic Information Systems2343 Words   |  9 Pagesworking GIS is composed of hardware, software, data, people, and a set of methods. Using these components a GIS is capable of storing, manipulating, and managing data, then subsequently analyzing, visualizing, and modeling the data. GIS origins lie in thematic cartography which was used 100 years earlier than the earliest computer based GIS systems. GIS store and link non-spatial information with the data’s geographic location. Currently estimated as a $2 billion per year industry, GIS serves as an invaluableRead MoreThe Birth of Civilization18947 Words   |  76 Pagesbodies. We retain the emotional makeup and motor reflexes of prehistoric men and women while living highly organized and often sedentary lives. We might best view the early civilizations by asking how they fit into the sweep of history. One notable feature of human history is the acceleration in the pace of change. From the time that modern humans first appeared 100,000 years ago until 7000 B.C.E., few changes occurred. Humans migrated from Africa to other parts of the world and adapted to newRead MoreAn Article On Earth Essay10094 Words   |  41 Pagesgeomagnetic field blocked the most life-threatening parts of the Sun s radiation, so life was able to flourish on land as well as in water.[43] Since then, the combination of Earth s distance from the Sun, its physical properties and its geological history have allowed life to thrive and evolve. Earth s lithosphere is divided into several rigid tectonic plates that migrate across the surface over periods of many millions of years. Seventy-one percent of Earth s surface is covered with water,[44]Read MoreMixed Methods8561 Words   |  35 Pagesmore methods within the same paradigm) is used to address research questions. Mixed methods research designs are gaining in usage and influence and this has accelerated over the last 10 years. Creswell and Plano Clark (2007) have mapped a brief history of mixed methods research and its evolution to date and have posited four, often overlapping, time periods in the evolution of mixed methods. These four time periods are the; Formative period (1950s - 1980s); Paradigm debate period (1970s - late 1990s);Read MoreMetz Film Language a Semiotics of the Cinema PDF100902 Words   |  316 Pagesthe absolute, very convincing. They speak to us with the accents of true evidence, using the argument that It is so. With ease they make the kind of statements a linguist would call fully assertive and which, moreover, are usually taken at face value. There is a filmic mode, which is the mode of presence, and to a great extent it is believable. More than the latest play or novel, a film, with its impression of reality, its very direct hold on perception, has the power to draw crowds. We know

Comparison and Contrast of Two Legal Journals Free Essays

Upon first pondering the idea of comparing two legal journals, I automatically summoned thoughts of lugging a seventy pound book over to a table then blowing the dust off of it. In reality I found several journals to choose from, each with a few issues to select from. I chose Trial: Journal of Association of Trial Lawyers of America and Law Practice Management as my journals to compare/contrast. We will write a custom essay sample on Comparison and Contrast of Two Legal Journals or any similar topic only for you Order Now They were quite a stark contrast to what I imagined them to be, visually as well as in regard to content. Though the content and themes of the two journals differed, they were written in relatively similar ocabulary levels and style. I saw no advantages in one over the other, since they cover different subjects and both would most likely prove beneficial if in the possession of a Neither journal was intimidating, as I had perceived them to be in my imagination. Both journals followed a relatively similar information layout to that of PC Monthly or Car Truck Digest, in that they resemble a magazine with an editorial section and a â€Å"News and Trends† section. They were both written in a vocabulary that was not heady at all in my eyes; any college student should manage reading it easily. In the case of Law Practice Management, one may need a firm grasp on financial lingo for some of the specialized articles relating to bookkeeping, but beside that, both journals were as easy to understand as Life magazine. Both journals had a special focus in each issue, with Trial mainly focusing on issues like civil rights, internet law, and other current issues that trial lawyers may not be familiar with. Some of the actual articles were â€Å"The Violence Against Women Act†, â€Å"Police misconduct†, and â€Å"Looking at State Constitutions. † Law Practice Management eals with topics relevant to lawyers as well as other corporate professionals that may deal with the legal profession, such as how to keep good relations with clients, how to increase your profits with legal fees. Their special feature of one issue was â€Å"Ten ways to make more money†, and another was â€Å"Keeping a life-long client. The journal also includes a large editorial section in the front of the magazine, followed by news on current technologies pertinent to the legal field. Both journals had rather small articles, but most all questions posed were answered thoroughly. Though most articles were concise, there were no gaps in their eporting of the story. Law Practice Management was relatively straightforward and unbiased, however, Trial seemed to take a liberal stance with how they structured their articles relating to civil rights. I took no offense to this, because I tend to take a more liberal stance on civil rights as well as other political issues. Being somewhat certain that I will continue to pursue a future as a lawyer and politician, I believe that this served as a helpful introduction to journals I may subscribe to in the future. A trial lawyer seems like an interesting profession, and Trial seems to be n easy-to-read, relaxed way of staying abreast current issues relevant to being a trial lawyer. The articles are informative, yet do not drag on for two or four pages. The vocabulary is pretty simplistic, and should not pose an intellectual threat to any individual in the law profession. Most people in the law industry probably want to maximize their profit potentials, where upon Law Practice Management will prove beneficial. This journal, too, is easy reading, and deals with current high-tech tools helpful in the legal field, as well as informative tips on a lawyer†s people and professional skills. How to cite Comparison and Contrast of Two Legal Journals, Essay examples

Obstacles and Challenges Knowledge Management

Question: Discuss about the Obstacles and Challenges Knowledge Management. Answer: Introduction: Digital Transformation Office was established in July 2015 in Australia[1]. The establishment of DTO by Australian government helps them to deliver the government services using the digital media. The use of DTO made the operation easy for the government of Australia. Digital Transformation index has attained a high level in monitoring the delivering the service digitally to the community of Australia. Most of the government agencies are available online, which offers various services through website, mobile devices application. DTO helps in resulting the best quality and constant digital service[2]. The establishment of DTO helps to uplift the index of Digital Transformation, which inferred that the people of Australia welcome the new step taken by the government grandly. The collaboration of Service delivery is the support given by the two or more public sector agencies, which includes Non Profit Organisation to help each other in providing the order to the public service. This is one of the aims of Government Mission[3]. E-Government is the using of communication as well as information technology, which provides the people and the businesses the required opportunity to interrelate, communicate and carry out business, by using various electronic media with the government. E-Government is used for administration, structuring framework, rules and regulations[4]. There is a sudden upliftment of the e-government systems and the practices in the western world because the system has the potential to promote the best governance. The efficiency is achieved and the quality of the performance increases which also improves the service delivery by using e-governance. The invention of e-governance system helps in operating for twenty-four long hours, which help the citizen to meet their demand at any point of time in the day[5]. Despite e-governance is implemented in the western world still it have not find its application in many developing country. This country has a failure rate at around 50% when it comes to the implementation of e-governance[6]. The purpose of the collaboration is to share the responsibilities, resources, risks, benefits. The administration should be more than one so that the collaboration is between one company from the public sector and the other from private sector[7].The agreement should be done in a written paper with specific term. Delivery of the public service should have a common and specific objective. The responsibility should be shared during facing of the risk, resource and cost[8].The collaboration is classified as Public-Public Model and Public-Private Model. Political, Social, Economic and Cultural Environment: Considering the internal factor of collaboration in a service delivery, the interest lies in the importing and exporting the solution. The history of the country affects the political environment when certain events like wars, nationalism, alliances are taken into account[9].The government ruling the country should have stability, specific ideology and authenticity[10].The character and responsibility of the institutions and goods of public. The policies of the government in the field of social, economic, financial and information technology[11] should be firm enough to rule the e-governance system. The social environment includes the following features of the distribution of official languages and their number. The average level of education should be adequate. The population spread in context of territory and age. Democracy, private enterprise, entrepreneurship, freedom and family all accounts for social values[12]. The economic environment includes the following features of the ratio of employment and unemployment. The rate of growth, hike of inflation is the major area of concern. The measures of equity and debt in terms of debt ratio should be computed. The stage of achieving modern Information Technology and the penetrating rate of IT[13] is the prime factor. The cultural environment includes the following feature of social orientation. Men and women of the society play an important role. A certain amount of risk should be reduced in the field of liberalism. The practices and the believes in the field of religion. Institutional, Business and Technology Environment The institutional environment has following factors of the brands and the foreign trade should be abiding by the trade laws. These laws should abide the technological transfer and business collaboration. Property ownership, licenses and copyrights should be regulating by the laws. Citizen rights including human rights, the laws deal information protection and electronic documents. The business environment depends on following factors of the availability of funds and the risk associated with it. Structure of the sector, competitors and the transferring possibilities is determined on the ground of entry barriers[14]. The government providing quality services for the development of e-governance. The technological environment depends on the following factors of innovative level, character of the technology, reliability, user friendly is considered as the strategic importance[15]. The use of It service and hoe frequently it is been used. Technology that exists in government, industry, and computing their standards and accessibility. Partners Objectives and Characteristics Objectives and Motivations of partners carry some importance in the field of profit, risk management and strategical opening, sharing of cost determines the targets nature. Psychological as well as strategical distance depends on sharing of the distance. The characteristics of each type of partner are based on the ability of partner to adapt basic skills. The concerned partner should have a sound technical knowledge. The center should be formed to give backup to the government agencies, which incorporates the implementation of digital services by the following a number of steps which includes the support from the innovation centre in the field of design as well as they can implement and test the new services that are been invented. The Innovation centre also offers the tools as well as the platform for helping agencies to innovate and check their technologies. The centre plays a role by recommending and providing support assistance to the DTO. Technical Documentation The government framework should include the use and the values of API which enables to recognize the methods that are helpful for giving back up to different design patterns and complex issues. The government should follow the norms and the protocols regarding API. The Australian government must build up and release framework regarding making sure of the business report and communicates with the agencies. Since the country already have the privilege of high speed Internet and services. The only field of improvement required is to attract the private sector in the e-governance system. Despite e-governance is implemented in the western world still it have not find its application in many developing country. This country has a failure rate at around 50% when it comes to the implementation of e-governance[16]. Aspect and Challenges Financial Aspect: The funding necessary and the cost of the e-governance is too high for the chosen country. In this chosen country, the cost of the internet and services for the e-government is too costly. The country also needed a right infrastructure for the free flow of fund. Therefore, the correct implementation of the e-governance faced a lot of challenge regarding the financial aspect of that country[17]. Political Aspect: The political situation and the leadership is a major area of concern for the improvement of the e-governance system in the chosen country. Leadership is the main driving inspiration for the creation and innovation of new projects. Implementation and incorporation of the e-government system requires a change of large scale[18]. Some of the government official has a concept of taking e-government as a threat in context to their position, power as they face resistance regarding the online transaction. The lack of back up from the politicians leads to the challenge in improving the e-governance of the system[19]. Infrastructural Aspects: Infrastructural aspects mainly include important aspects like ICT Infrastructure, Accessibility of Internet and connectivity, power supply. The main challenge faced by e-government is infrastructural aspects. It is a huge challenge and the barrier faced by the government in the field of online transactions. The division of digital media in the chosen country makes it complex to achieve the deployment of the infrastructures of Information Technology. Computer security, secret password, privacy and the confidential data is the primary challenge faced during the application of e-governance in the country. Organizational Aspect: Leadership and the change management are the major aspects faced by e-governance. Organizational skills and effectual communications are needed to initiate e-governance in the country to maintain values, ethics, visions, of every stakeholder. The chosen country whose political system is full of corruption poses serious threats for the improvement of e-governance. Socio Economic Aspect: The chosen country as affected b the corruption, the level of the poverty is too high in that country which causes resistance in the growth and development of the country. As the country is the poorest country of the world the per capita income is too low. The illiteracy, poorest economic condition and the language barrier is the most concerned area for the development of e-governance in the country. Information and Communication technology will face a serious deterioration in the country. Socio-cultural aspects have become the most concerned area for the growth of ICT in the country. The policy makers use the technology in such a way that it greatly affects the pattern in an individuals behavior and also have a great effect on the cultural norms of the country[20]. The three factors on which human aspects depend are awareness, training and capability building. As the country is devoid of ICT skill experts especially in government, sector which resist the growth of e-governance[21]. This challenge is especially faced by the country, which is in developing stage because they lack staffs that have quality and experience for improving ICT, and helps in the growth of e-governance. The country is does not have adequate trainer to train the new upcoming human resource who will be the future face of the country. Though some governmental organizations have IT staffs but they do not have special equipment for the web based applications. The factor like situation specific can gain the success in the implementation of ICT which will enhance the growth of the e-governance[22]. The introduction of ICT may have a gap regarding the design or the gap between the task assigned and the tools equipped. Therefore, there is a rate of failure around 20 to 25% for the attempt of installation of ICT, which also reduces the chance of gaining the growth in e-governance[23]. The failure is mainly faced due to the poor planning of installing the technology. Thus, human aspect plays a role in the development of e-governance in the country. Recommendations E-Governance helps in the interactions between the stakeholders in the governance using Information and Communication Technology. The interactions between two government bodies are for restructuring the process followed by the government, which involved the government entities for smooth flowing of information. It helps in increasing the efficacy, output and performance[24]. The interaction between Government and citizen helps in the benefit of citizen for efficient delivery of public services. This helps in broadening the accessibility of the services and the quality of the services. The interaction between governments to business helps the business community to receive goods as well as services for better interaction with the government. The interaction between government and employee is important as it is a two way process and the employees should be equipped with modern tools for efficient work. The e-governance structure should include back ends like databases from different agencies, service providers and state government. The front end includes PC, Kiosk Machine, smart phones. The middle ware includes good communication infrastructure and security gateways. The core and support infrastructure has mainly three pillars of e-governance in the form of State Wide Area Network, State Data Centre, and Community Service Centre. State Wide Area Network gives a speed of about 2mbps and it has wireless networks. It gives intense security to the system providing a high level of security by creating a close user group. SDC helps in developing the infrastructure of e-governance as they provide service electronically. SWAN and CSC support it. The function of SDC is to store the data securely, online delivery services, Disaster recovery. CSC provides the service to the rural areas where speed of the internet is an issue[25]. Training courses should be delivered to the people of that country on e-government system, which encourages them to accept the system without any difficulty. Ideas can be lend from the developed country who have successfully implemented the system of e-governance. The public sector should have a good partnership with the private sector so that the sharing of the cost, availability of fund and technology expertise could be achieved. Conclusion The Australian government surveyed around 1200 individuals and 300 businesses. The surveyed results in the confirmation of their own believe which helped them to build the plan for a long-term. The results inferred that DTO is meeting the basics but they have not succeeded in reaching the private sector. The data analysis shows that DTO should come in the online process to meet the communitys demands. The survey resulted in giving the figure that 66% individuals and 74% small business were fine with the concept of DTO[26]. The limitations or the challenges were faced with the senior citizen of the country who voted against the DTO. The outcome of the figure was stupendous and it came that 54% of the senior citizens are against the DTO[27]. Therefore, the rising of DTO in Australia was fine but it also faces some of the major challenges in gaining access with the private sector and the senior citizen of the country. This developing country should use the benefits of the e-governance system for developing and improving their economic structures. The implementation of the system faces challenges like poor internet access, low speed of internet causing problem for online transactions, lack of initiative, and unavailability of proper funding. All the different aspects, which are barrier for the implementation of e-governance system, are inter-related with each other. The government should follow the above measures to overcome this barrier and successfully implement the e-governance system[28]. Reference List Alateyah, Suilaiman, Richard M. Crowder, and Gary B. Wills. "Factors Affecting the Citizens Intention to Adopt E-government in Saudi Arabia."International Journal of Social, Human Science and Engineering7.9 (2013): 80-85. Alshehri, Mohammed, Steve Drew, and Osama Alfarraj. "A Comprehensive Analysis of E-government services adoption in Saudi Arabia: Obstacles and Challenges."Higher education6 (2012): 8-2. Baud, I. S. A., et al. "Reprint of: Digital and spatial knowledge management in urban governance: Emerging issues in India, Brazil, South Africa, and Peru."Habitat International46 (2015): 225-233. Bhuasiri, Wannasiri, et al. "Critical success factors for e-learning in developing countries: A comparative analysis between ICT experts and faculty."Computers Education58.2 (2012): 843-855. Budhwar, Pawan S., and Yaw A. Debrah, eds.Human resource management in developing countries. Routledge, 2013. 'Digital Marketplace: Sharing Ideas At The Roundtable' (Digital Transformation Agency, 2016) https://www.dta.gov.au/blog/marketplace-roundtable/ accessed 22 December 2016 James, Greg.Preview. Diss. Empire State College, 2013. Kates, Jennifer, Adam Wexler, and Eric Lief. "Financing the response to HIV in low and middle-income Countries."Menlo Park, CA: Kaiser Family Foundation(2014). Kim, Sangmook, et al. "Investigating the structure and meaning of public service motivation across populations: Developing an international instrument and addressing issues of measurement invariance."Journal of Public Administration Research and Theory23.1 (2013): 79-102. Kumar Sharma, Sujeet, Hafedh Al-Shihi, and Srikrishna Madhumohan Govindaluri. "Exploring quality of e-Government services in Oman."Education, Business and Society: Contemporary Middle Eastern Issues6.2 (2013): 87-100. 'Media - Blog | Malcolm Turnbull MP' (Malcolm Turnbull MP, 2016) https://www.malcolmturnbull.com.au/media/category/blog accessed 22 December 2016 Mogwe, Alpheus Wanano. "The need for Health Informatics (HI) in enhancing Botswana health system surveillance: A case study of Botswana health posts."International Journal of Physical and Social Sciences4.8 (2014): 18. Ostrom, Elinor.Governing the commons. Cambridge university press, 2015. Rana, Nripendra P., Yogesh K. Dwivedi, and Michael D. Williams. "Analysing challenges, barriers and CSF of egov adoption."Transforming Government: People, Process and Policy7.2 (2013): 177-198.. Too, Eric G., and Patrick Weaver. "The management of project management: A conceptual framework for project governance."International Journal of Project Management32.8 (2014): 1382-1394. Vasconcellos, Eduardo Alcntara.Urban Transport Environment and Equity: The case for developing countries. Routledge, 2014.

Building Law for Australian Consumer Law -myassignmenthelp.com

Question: Write about theBuilding Law for Australian Consumer Law. Answer: The Australian consumer law has been enacted to ensure fair trading and consumer protection in Australia. The ACL become effective in Australia from January 1 2011. The ACL is the result of corporation between the state governments and the commonwealth for the establishment of a common and strong consumer law framework within the country. The sale of land in Australia is covered under the provisions of the ACL to the extent that the purchaser has entered into the contract for utilizing the land for a domestic or household purpose. There have been various cases reported in Australia where fraud and misrepresentation has been involved in the sale of land transaction. Another major problem which is faced by the consumer in contracts related to the sale of land are unfair terms. The ACL has laid down various provisions to protect the consumers against the misrepresentation and unfair terms in relation to consumer contracts. The structure which has been provided by the ACL in relation to misrepresentation and unfair terms and its effects on the sale of land transactions are discussed in this paper. The concepts would be discussed through the use of appropriate section of the ACL as provided by Schedule 2 of the Australian Competition and Consumer Act 2010 along with specific cases related to consumer contracts regarding sale of land in Australia. Misrepresentation Section 18 of the ACL states that persons while doing a transaction related to trade and commerce must not base their conduct on any form of misleading or deceptive practices in addition they must also not indulge in practices which they think may deceive or mislead the consumers. A wide range of activities in businesses are covered under the section which includes advertisements, commercial negotiations and contractual agreements. The identification of a conduct as misleading or deceptive is based on the question of fact, which means that it is determined by using the situation surrounding the case. In the same way the section is also applicable on the transactions related to the sale of land. The specific section which deals with misrepresentation related to property transaction in Australia is governed by section 30 of the ACL. The section provides that in trade and commerce an individual must not with regards to the grant or sale or possible grant or sale of a property or with respect to promoting a property through the use of any means such as grant or sale of property indulge in an act of misrepresentation. An act of misrepresentation may arise out of making a misleading or false representation that a person has an approval, sponsorship or a affiliation in connection to the land, the nature of the land, the place where the land is situated, the features of the land, provisions related to lawful use of the land and the accessories and facilities attached to the land. The section further reads through its note that the person breaching the section would be imposed with a pecuniary penalty as determined by the court. No other provisions as provided by part 2-1 of the act with respect to acquisition, supply or probable acquisition or supply of an interest is land is affected through the application of this s ection. along with pecuniary penalties the contravention of the section may also initiate remedial orders, civil proceedings for damages and injections. The provisions of the ACL are ONLY applicable on those transactions which do not exceed the value of 40000 or those which have been entered into only for household or domestic purpose. Thus when the question related to the same of land arises only those contracts are governed by the ACL which have been entered into for the household or domestic purposes. As provided by section 18 it is not compulsory that the actions of a person have to actual mislead or deceive another but even if the conduct is likely to do so it is considered as a contravention of the section. The question which has to be addressed now is that what actions may be deemed to be false or misleading. The courts through various cases have provided guidelines to determine what may be considered as false or misleading. In the famous case of Given v Pryor(1979) 39 FLR 437 the judges ruled that the concept of misrepresentation is not only limiter to statements which are verbal but also extend to gestures, plans, demeanor, pictures, written , oral or implied actions, maps and other conducts. Moreover, not disclosing a relevant fact where such action most probably would cause harm to the other would also be considered as misrepresentation. In Given v CV Holland (Holdings) Pty Ltd(1977) 29 FLR 212. The court ruled that representation is defined as an action which is not in accordance to the original facts. Thus no intention to make actual misrepresentation is required on the part of a person providing contrary facts. Even if there is belief that such representation is actual true they would be liable for penalties. The judges in the case of Latella v LJ Hooker Ltd(1985) 5 FCR 146 ruled that in order to make a claim for misrepresentation it is not necessary that such claim only has to be brought by the person to whom the misrepresentation is made but, the only thing which is require is that such conduct has been engaged in and as a consequence losses have been incurred by another. The case which has been chosen for discussion under part of the paper is the case of Australian Equity Investors, An Arizona Ltd Partnership v Colliers International (NSW) Pty Ltd (No 4) [2011] FCA 442. The question which was to be addressed by the court was that the achievement of gross realization with respect to the development of land would be considered as a misleading or deceptive conduct under the provisions of section 52 of the Trade Practices Act 1974 (Cth) (which is now section 30 of the ACL) . Another question which the court had to determine was that whether the representation which was made was false related to price for the land in relation to the breach of the section 53A of the TPA (which is now section 30 of the ACL). It was held by the court that the first respondent engaged in a conduct which could likely deceive or mislead the applicant by make a representation with respect to a gross realization which could be achieved and breached the provisions of section 52 of the TPA. In addition the court also ruled that the respondent breached section 53A by providing false representation in relation to the price payable for the property. It was further ordered by the court that the respondent was to pay the cost of appeal incurred by the applicant. In addition a fine of $100,000 was imposed on the respondent. The court also provided leave to the applicant to file a notice of motion to seek further security in relation to the cost. The court in relation to this case referred to the case of Australian Competition and Consumer Commission v Gary Peer Associates Pty Ltd(2005) 142 FCR 506 in which it was found by the court that a person who had been provided authority to act as a vendor provided a misleading price guide towards the auction of the premises. The court found the action in breach of section 53A of the TPA. Unfair Terms The prevention upon the inclusion of unfair contract terms in relation to a standard form of consumer contract also has the potential to extend to transactions which are related to the sale of land. Consumer contracts as defined in the ACL also cover contracts which are entered upon to affect a grant or sale of an interest which exists in a land to a person predominantly or wholly for domestic or household use. Thus as opposed to the purchase of land for the purpose of investigation, the purpose of land for residential purpose would come under the scope of consumer contracts and could have a term which may be declared as unfair. In addition it has to be noted that the provisions f unfair terms are only applicable to consumer contract which are fixed from contract. This part of the paper discusses the structure of unfair terms provisions in relation to the ACL and the effect of such provisions on sale of land transactions (Griggs 2011). The ACL has taken into account application to legal practitioners and their clients related with property contracts which includes leasing or sale of land to individuals. The three main issues which determine whether a a contract would come under the scope of unfair terms are that whether the contract is a consumer contract, is the consumer contract is a standard form of contract and whether the contract contains any unfair terms (Kolivos and Kuperman 2012). The initial issue is to determine whether a sale of land contract is a consumer contract or not. According to the ACL a consumer contract is a contract for the grant or sale of a interest in land, to a person who is acquiring such land predominantly or wholly for household, personal or domestic use. Through the notes it has also been added that the scope of the definition extends to a lawful or equitable benefit in land or any power, right or privilege in connection or over the land. It also includes purchase of off the plan and completed developments. Rights related to occupancy with respect to a company title which includes land ownership are also covered by the definition. If it has been found that the contract is within the scope of consumer contract it has to be further analyzed that whether such contract is a standard term contract or not. Matters which has to be considered by the court in relation to determining a standard form or contract may be what the court finds relevant in accordance to the circumstances of the case however the court has to take into account certain factors such as: Negotiation powers: This means that whether the bargaining power in a contract is vested wholly or predominantly in only one party. Preparation of contract: whether the contract was prepared by one party without indulging in any discussion with the other. Accept it or leave it: whether one party was offered the contract in such a way as to either accept it or reject it with no scope of any negotiation. Particular characteristics: Whether the provisions consider the particular features of another party in relation to a particular transaction along with any other matter which is prescribed by the existing law. Once it has been analyzed by the courts that the contract for the particular land is a Standard Form of Consumer Contract the provisions of unfair terms would be applicable. What are unfair terms are provided by Section 24 of the ACL. For a term to be declared as unfair in relation to a sale of land contract three provisions have to be satisfied. Firstly there would be a significant imbalance with respect to the parties rights and obligations in relation to such contract. secondly, the inclusion of the term is not necessary for providing protection to the rights of a party who has included such term and is provided benefits through it. Lastly, any amount if detriment would be caused to one party if such term is added and relied upon by the parties (Lawson 2011). When the court are provided with a question to determine an unfair term they have to take into account all the provisions of the contract that is the contract as a whole. The need of transparency is related to presentation, availability, legality and the use of plan language in relation to the term. Examples Non-exhaustive in nature have been provided by the ACL in relation to unfair terms. The following acts which party can do unilaterally may account to unfair terms. The limitation or avoidance related to the performance of contract, termination of contract, variation in relation to the terms of the contract, renewal or non renewal of the contract, variation of the upfront price where the other party does not have right to terminate and the variation of the features of the benefits in land to be granted or sold through the contract (Webb 2016). In addition specific provisions have been provided by the ACL setting out exclusion of a term from being declared as unfair. The provisions state that terms setting out price payable upfront in relation to the contract but not considerations which depends of contingencies are not unfair. For instance the price to be deposited or the selling price of the land would be considered as a upfront price but not the payable interest on defaults. The terms setting out the terms of the contract are also not considered as unfair terms. These terms include the description of the land being sold, leased or granted. However, the same provisions would not be applicable on off the plan sales which could be varied in terms of completion. Any provisions which would allow the builder to change the property to be sold would be considered as unfair terms. Lastly the terms where it is expressly provided by existing legal provisions to be added are also not considered as unfair terms. A term which is declared as an unfair term is void and is removed from the contract for the sale of land. However, if after the removal of the unfair term the contract can be continued than the contract is still regarded as legally binding. The other consequences which may be applicable on the breach of ACL provisions are a civil pecuniary penalty which includes $1.1 Million fines for Corporations and $220000 for natural persons. Unfair terms may also result in disqualification orders preventing managers from managing the corporation. Infringement and substantiation notices may also be provided for such terms. Notices to issue warnings to the public in relation to the conduct of the corporations may also be issues if these provisions are breached. Lastly, court may order the wrongdoer to compensate the aggrieved party for any losses incurred by them (Corones 2011). The property businesses and the individuals engaging in the sale of property must balance with other provisions which provided them unilateral and discretionary rights. For instance limiting permitted changes to small variation and ensuring further disclosures. They must also make sure that well structured and clear documentation is initiated. The documents have to outline the legitimate interest of the purchasers. The businesses must also keep records of business rationale in relation to verdicts including key terms which might be subjected to challenges latter (Competition 2011). Since the ACL has been initiated from January 1, the ASIC has been able to successfully procure penalties in a few cases. One of such cases is the case of ACCC v Bytecard Pty Ltd 2013 where the new ACL provisions related to unfair terms had been analyzed by the court. In this case the ASIC was able to procure penalties from the company for the inclusion of unfair terms. References ACCC v Bytecard Pty Ltd 2013 Australian Competition and Consumer Act 2010 Australian Competition and Consumer Commission v Gary Peer Associates Pty Ltd(2005) 142 FCR Competition, A., 2011. Green marketing and the Australian Consumer Law.Commonwealth of Australia. Corones, S.G., 2011.The Australian Consumer Law. Thomson Reuters Lawbook Co. Covell, W., Lupton, K. and Forder, J., 2012. Covell and Lupton: Principles of Remedies. DIETRICH, J., 2015. Liability arising from contract and under the australian consumer law. Given v CV Holland (Holdings) Pty Ltd(1977) 29 FLR 212 Griggs, L.D., 2011. Australian Consumer Law-An overview, unfair contracts, consumer guarantees and remedies. InAustralian Consumer Law(pp. 1-9). Kolivos, E. and Kuperman, A., 2012. Consumer law: Web of lies-legal implications of astroturfing.Keeping good companies,64(1), p.38. Latella v LJ Hooker Ltd(1985) 5 FCR 146 Latimer, P., 2012.Australian Business Law 2012. CCH Australia Limited. Lawson, R.G., 2011.Exclusion clauses and unfair contract terms. Sweet Maxwell. Webb, E., 2016. Unfair terms and small businesses.Australian consumer law,31(1).