Tuesday, August 6, 2019
Community Assessment and Analysis Essay Example for Free
Community Assessment and Analysis Essay Yuma Community Of all the problems faced by Yuma community, along with the state ranking for teen births, the community also takes third place. (County Health Rankings, 2012). Programs that will help to educate teens on the importance of using birth control in order to stop undesirable pregnancies are a rising need within the community. Additional health problems for this community include obesity in the adolescent population; in 2005, the Yuma community had approximately thirty six percent of its adolescent in obese category, comparing to twenty nine percent in the entire state. (Centers for Disease Control, 2005). In the state The Steps program steered by the Nutrition and Physical Activity Self-Assessment for Child Care Centers, targeted five communities and over 2,200 children mostly decreasing sugary drinks, cumulative fiber intake and wholegrain foods. The state of Arizona as a whole is facing another larger issue in the Vaccination rate. World Health Organization mandates 95% of vaccination rate for the entire population. The rate of vaccination set by the state is 90% and the current rate of the State is 70%, which far below the target goal and is alarming. (Arizona Department of Health Service, 2011). Arizona Republic magazine reports that, I the upper and middle class one of the reason for non-compliance with immunization is fear of causing Autism. If given opportunity, the lower class families seem to show better compliance with immunization when cost factor is elicited (Alitucker, 2011). Location and climate play an important role in the health issues of this community. Mexico and California are the two borders of Yuma community. The economy and budget gets divided among law enforcement and Border patrol. The increasing crime rate requires the state to contribute a major part of its budget towards law enforcement and protection of its citizens, which takes a down toll on the availability of the public health res ources initiation. A health initiative, to utilize funding ,such as to ensure free water supply to all the community could benefit to elicit problems related to Dehydration in this desert climate. Educational status is another concern of this community. Hispanic population accounts for sixty percent. High rate of drop outs from school is considered to be related to language barrier. Education can play a vital role in enabling the community to critically to acknowledge problems and to find remedies to stay healthy as a community. Yuma Community can benefit from added funding to support and to maintain programs to stay healthy as a community. With the limited funding, community is able to assist with citizens with housing, health insurance including dental coverage in the community (Need Help Paying Bills, 2011). Yuma community cannot be considered totally poor, because the community consists of one main acute care hospital and two smaller hospitals inside a sixty mile distance. But the lack of Medical specialty such as Cardiac surgeries or those require high skilled treatments are not easily available within the community. The nearest specialty hospitals for children and adults are in Phoenix. Fatal accidents accounts as first reason for the higher death rate in the community. In 2007, the total death rate for the city of Yuma is higher than the state average in total, directing to fatal accidents as the source (Yuma, AZ, 2012). The functional health assessment of Yuma community, we have learned that there are many problems that can be considered in the County. Some of the key problems prominent are high rates of obesity, alcoholism, drug addiction, and teen pregnancy. Though the total obesity rates are close to national average, the statistics show that County has a much higher rate of adults that do not exercise. In order to care for the mental health needs of the community, the County has six addiction treatment centers. The suicide rate remains high even with the availability of mental health service within the community. There are two military bases to serve the community. The increased poverty rate is believed to be the reason for higher addiction rate. Yuma is the eleventh largest city in the state, but they have the third highest rate of teen births. There are several facilities in the county to assist socially with issues related to parenting; poverty, and employment, addition of more funding and facilities can be helpful to the community, to rebuild a healthier community. Even with all of these problems, several people are proud to call Yuma County their home. The friendship felt within the communities such as a military social function, the local bar, at the river, or out on the ridges leads many people to find a pleasant and happy life here. There are plenty of resources to help the population discover the services they require, and to enjoy a cleaner and healthier environment. With an added focus on the health issues, Yuma community can stay healthy and happy. Sleep and rest. The sleep habit of the people in Yuma is mostly uninterrupted. Most of them are sleeping 6-8 hrs at night. Going to bed At 10 pm and waking at 0600.There are full time workers with 12 hour and 8 hour schedules. Some of the members are doing the part time work, some are doing voluntary work. Some of the older population states that very seldom they use sleeping pills to promote sleep. Few of the ladies have the habit of drinking, hot milk before going to bed, limited number of ladies have the habit of drinking wine before sleep. Some of the adult populations have sleep apnea problems. Sound sleep indicates sound health of mind and body. Cognitive/Perceptual The primary language for this community is English. Increasing numbers of older adults have access to and are knowledgeable about computers. They are well educated and most of them are well employed. No communication barriers noted among this group. Libraries and internet facilities are available in the community for the members use. Most of the older people using glasses for the visual impairment and few of them were using hearing aid for the auditory impairment. The people go to the community college for short term career goals. It was interesting to note that some of the older people are continuing education. Self-Perception/Self-Concept Yuma city population consist of 29.6% under the age of 18, 11.9% from 18 to 24, 27.1% from 25 to 44, 17.5% from 45 to 64, and 13.9% who were 65 years of age or older. Agriculture is a major industry in Yuma, topping Arizona counties in agricultural sales. In addition, Yuma County also houses the US Marine Corps Air Station and US Army Yuma Proving Grounds are located near Yuma City. Yuma County is thus characterized by large transient populations, as it is a temporary place of residence for agricultural migrant workers, winter residents and military personnel. With the beginning of the winter growing season in October, the county has a large influx of migrant farm workers and winter residents. In 2008, Yuma County was a temporary home to 41,314 migrant and agricultural workers and to 12,600 winter residents (Yuma Special Area Statistical Profile-2008). Hunting is a popular sport, as the county offers a variety of different types of game. Fun, Friendship, Freedom and fulfillment are the mission of Yuma County. The members are bound together by these missions. Some of the major attractions in Yuma County are the historical Territorial Prison, the Yuma Crossing Historic Park. Other great places to visit are the Kofa Mountain Range and Wildlife Refuge, and Martinez and Mittry Lakes. Sexuality/Reproductive The people in Yuma County believe that teen pregnancy and/or STDs are a major health issue in Yuma County. Youth and teens are most affected along with Hispanics and Native Americans. Compared to the 2010 health targets, however, Yuma County falls short in reducing teen pregnancy among 15-17 year olds, prenatal care, low birth weight, and fetal/infant death. The family environment was mentioned as a factor contributing to negative health outcomes stemming from the breakdown of the family. One interview respondent felt that ââ¬Å"children do not have a sense of self-worth or self-esteem and are no longer being nourished; only sustained.â⬠Interview respondents felt that parents do not have time for their children and there is a lack of communication between parents and children. Further, they felt parents are not involved or are not educated on how to take care of their childrenââ¬â¢s health. Most of the members are having annual physical checkup with mammogram and Pap smear. Community awareness program including the transmission and prevention of STD/ HIV / AIDS are being held in the community. Coping/Stress An important aspect of healthy ageing is the ability to cope with and adapt to life conditions and transitions. Participation in social activity helps the Yuma county people to cope with transitory, acute and chronic stressors in their lives. The accumulation of chronic health conditions can negatively affect psychological wellbeing and quality of life. In addition to health-related stressors, the death of a spouse is often a challenging loss for older population. Related to this, social isolation, loneliness and loss of social support systems may be additional stressors in older peopleââ¬â¢s lives that affect psychological wellbeing. There is evidence that both personal attributes and social resources influence the perceived severity of a stressor, and also the types of coping strategies that older women use to manage these stressors. The Yuma county members managing stress with multiple ways. Reference Best Places. (2012). People in Yuma County, Arizona. Retrieved November 29, 2012, from http://www.bestplaces.net/people/county/arizona/Yuma Centers for Disease Control. (2005). Teen obesity statistics. Retrieved November 27, 2012, from http://www.cdc.gov Child, youth, and school services. (2012). Retrieved from http://www.yumamwr.com/cys.html City of Yuma. (2012). Parks and recreations. Retrieved November 22, 2012, from http://www.ci.yuma.az.us/1357.htm County Health Rankings. (2012). Yuma, Arizona teen birth rates. Retrieved from http://m.countyhealthrankings.org/node/246/14
Monday, August 5, 2019
Online Payment And Security Of E Commerce Information Technology Essay
Online Payment And Security Of E Commerce Information Technology Essay With the era of information technological advancement, electronic commerce is gradually leading the distribution of the business areas. Online electronic payments are an important part of e-commerce, and also the basis for electronic commerce which able to successfully develop. Without the corresponding real-time coordination of electronic payment, e-commerce is just only practical significance of the virtual business, it cannot achieve a true network transactions. The reason that I choose this title as my seminar title is because it related to my final year project. As my final year project is regarding to online payment method, so I would like to share about online payment method and the risk of online payment, what are the risk can be taken, what are the step to prevent data lost, the security strategic to prevent any privacy or confidential information fraud, and what are the pros and cons about the online payment method. Online payment is the core of e-commerce development, is an important step to complete the transaction on internet, and also the bottleneck of the domestic network application development. Every firms or companies which run the business on internet must provide the online payment method to maintain their company flow. Introduction 1.1 What is online payment? Online payment, also known as electronic payment, it refers to the money which exchanged electronically. Broadly speaking, online payment refers to the transaction exchanged the funds on internet, typically involves computer network, internet and digital stored value system. It makes e-payment may at any time, via the internet directly to the transfer, settlement, and forms of e-commerce environment. 1.2 How online payment basic process? Online payment may seem to be very easy and fast, but it consist of the confidential and security for the card info. In order to make sure that the process is work correctly, the merchant must connect to the network with the Issuing bank, processor, and others financial institution, so that the information that provided by the customer can be routed reliable and secure. As highly sensitive payment information, trust and confidence is an essential element of any payment transactions. This means that payment processing services should be provided by a wealth of experience in payment processing and security. 1.3 What is electronic commerce? Electronic commerce refers to the goods and services which exchange over the internet, commonly known as e-commerce. All major retail organization also have an online presence, however, e-commerce also apply between business to business (B2B) transactions. It can open to all interested parties, or even limited participants. For example like Amazon.com, the selling and buying transaction is completed electronically and interactively in real-time. Besides that, e-commerce system also associated with the service industry, such as online banking, transfer funds, or even pay the credit card bill. 1.4 Security of e-commerce Along with the e-commerce continue to broaden, protection of individual treatment over the internet, and make your customers feel secure is the primary factors and necessary. In order to perform a secure and good service, internet security plays an important role to be enhancing in this situation. The objective is to establish rules and measure to use against attacks over the Internet. Internet information exchange on behalf of the invasion led to unsafe or high risk of fraud. For any expert in internet security will tell, e-commerce is actually much more secure than real world commerce. For example like when you leaved your credit card receipt in the shop, or accidentally give your credit card number to someone else, you are actually accepting the risk that the order which not order from you will appear on the next months credit card bill. However, when you enter a credit card number of e-commerce site, you are sent through a secure connection to a server access only to authorized personnel and protected against even the most determined intruders. Although some of the people believe that transactions over the internet are in fact safer than offline transactions, there are still a number of people believe that offline transactions are always better than online payment. For example like protecting the credit card detail, company need to prevent the card info from customer or the privacy of the customer found by a third party. Typically, this involves the company network security and how the company provide a strong and secure system on the internet. 2 Common Online Payment Systems Online payment system is to help the consumer more convenience and it is the key issue to ensure that the consumer are fast and secure. There are several types of common online payment systems: 2.1 E-cash internet payment system E-cash, also known as electronic cash or electronic money, it is a form of data which exchanged electronically through the network computer or internet, these is electronic cash currency. It can be converted to cash value of the family of cryptographic sequences, and then use these sequences to show the value of all sizes. There are few characteristic are as follows: an agreement between the enterprises and banks and authorization, can be transfer, can be kept, used to exchanged value within another system. As e-cash is what we can imagine as cash Chinas purchase of small general merchandise payment habits features, it is likely to become an important means of online payment in China, but China has not officially started. There are many foreign companies to provide electronic cash market. If unconditionally anonymous electronic money digital cash net cash market can provide an anonymous e-money market. 2.2 E-purse Internet Payment System E-purse, also known as electronic purse, it is a type of smart card which embedded with the microchip. To use e-purse shopping, the first is the user must transfer certain amount of personal bank account, then in the corresponding of website to download electronic wallet service system free software and install an electronic wallet, to apply online and access the cardholder electronic safety certificate. When users want to purchase something through the internet, just need to click on the electronic wallet icon, and follow the corresponding information that the user need to provided, such as password and user name to complete the transaction on the internet. E-purse would be more convenient and flexible compared with checks or debit card for a smaller transaction, it always used in conjunction with the bank card to help the user complete all the small transaction process. E-purse is independent of the function of bank accounts, so it will be able to record the user as required payments are made in a checkbook greater privacy and freedom. In addition, e-purse even can provide budgeting because the user only can spend what the total amount that the card had. 2.3 Electronic check (E_check) Internet Payment System Electronic check, also known as e-check, is a form of payment which transfers through the internet. It perform the same function as the paper check of using digital transmission to transfer money from one account to one account. Besides that, e-check provide better security features than the paper check because it is an electronic format and may proceeded in fewer steps to complete the transaction. Most common features provided byà electronic checks include authentication, public key cryptography, digital signatures or personal identification numbers instead of signature and so on. Theres a simple electronic check process shown below: 1. Send Check Payee Payer 2. Inspect Check 5. Bill 3. Notice 4. Approve funds and transfer Payee Bank Accounting Server Electronic Check-Cashing Process E-check is an exclusive network system, the international financial institutions, with their equipment, software and hardware, an accurate and complete set if user identification, the standard messaging, data validation and other standardized data transmission agreement to make sure that the transaction are safety and security. 2.4 Digital Wallet Payment System A digital wallet, also known as e-wallet, it is a software system that store inside the users computer to hold the digital cash, and a digital certificate with a digital signature. E-wallet allows users to make payment or transaction over the internet fast and safety. The function of the e-wallet is much more like a physical wallet, used to store the digital cash. After the e-cash service released, the e-wallet has evolved into a service to provide online shopping information and holds credit card data and passwords for logging into the website with a convenient way. An e-wallet have both software and information component. The software provides the safety and security with the encryption for the actual transaction. Typically, e-wallet is store on client side, so it is easier to self-maintenance and fully compatible with most of the online payment system. In addition, the system will automatically key in the user information in the online form, it is easier for the user and reduce the time to enter all the information again and again. While for the server side, it is refers to an organization and your side to create and maintain on it server. Because of the security and the efficiency and effectiveness of the utility that provided by the server-side to the users, it become more and more popular and famous for the user with the entire process. 2.5 PayPal System Listen Read phonetically PayPal is an e-commerce business by allowing the user to make transaction or money transfers through the Internet. PayPal also known as electronic alternative, such as checks and money are orders with the traditional paper method. It doesnt charge any fees to make any transaction or join the PayPal service, but they will be a fees change for those who want to receive the money from other people. PayPal account from a bank account can be funded by electronic debit or credit card. To receive the transaction from other people, the recipient from PayPal can either request from the PayPal service, established their own PayPal account, or request from their bank account. PayPal service is much like a intermediaries or a third party who involve between the clients and the recipient that facilitates in e-commerce. PayPal involve in several payments processing such as, online auction, online vendors, and others commercial users. It will costs some fees from the recipient for receiving money, fee included the percentage of the amount plus another additional amount. The fees is charged depend on the currency used, the option that choose by the user, the country of the sender and recipient (how far between both sender and recipient), the total amount sent by the sender and the type of account that the recipient receive it. In addition, shopping on eBay and then made the transaction by a credit card through PayPal may incur a foreign transaction fee if the seller is located in another country, as credit card issuers are automatically informed of the sellers country of origin. 2.6 Critical Evaluation According to Singh Sumanjeet1 (2009, p.24), Electronic cheque system has many advantages: (1) they do not require consumers to reveal account information to other individuals when setting an auction (2) they do not require consumers to continually send sensitive financial information over the web (3) they are less expensive than credit cards and (4) they are much faster than paper based traditional cheque. But, this system of payment also has several disadvantages. The disadvantage of electronic cheque system includes their relatively high fixed costs, their limited use only in virtual world and the fact that they can protect the users anonymity. Therefore, it is not very suitable for the retail transactions by consumers, although useful for the government and B2B operations because the latter transactions do not require anonymity, and the amount of transactions is generally large enough to cover fixed processing cost. In my opinion, i strongly agree with the statement that the author mentioned about. Electronic cheque system provides several advantages than a paper based cheque such as faster speed transaction, provide a certain level of security like encryption or decryption, and so on. But there are still limits of disadvantages for electronic cheque system, like high fixed costs or development start-up costs. Besides that, electronic cheque system can be used in virtual world instead of the real world payment method. And the most important point is the security issue, because the less of face to face communication, we cant even know the actual user as well. The possibilities that someone is try to pretend as the actual user to make transaction with us and caused identity threat 3. Strength and Weakness 3.1 Advantages of Online Payment Online payment, what we called as online payment, is an indispensable business. This is extremely important to accept electronic payment of telecommunications service industry, because it started to use this rapidly growing economy is fully utilized. Use of credit cards by phone or Internet is a familiar and convenient for consumers in the form of payment. It provides for immediate purchase to reduce the pain of payment delay coupling. Customers often feel more comfortable with a credit card, because they know they have the proof to the product or service if they not satisfy on it. There are several advantages of online payment (e-payment): 3.1.1 Convenient and 24 hours real time transaction Through the use of online payment system, consumer can access the web to make any transaction such as online banking, online billing or even car loan at any time (24 hours) or anywhere, as long as access to the internet. For example like consumer can check the bank details through their mobile phone no matter at where and anytime along with the network connection. In addition, consumer able to check or view the history of the previous transaction that they made or get the accurate real time information through online payment system. It may save up a lot of the paperwork as well. 3.1.2 Reduce cost and save time With the help of online payment system, we only need to stay at home with just a click in front of the computer which connected to the network, and transaction will be done easily. Instead of go to the physical bank to make the transaction by writing the form and waiting in front of the counter. It may save up a lot of cost like transportation fees, paper workflow fees and so on. Besides that, through online payment, the processing speed is definitely fast and rapid by following the simple instructions and entering the parameters that the system required. And user may not need to transport from one location to another, it may save up a lot of time. Compared with the real world physical offline banking system, it may spend a lot of time especially on peak season or peak hour. 3.1.3 Flexible of using e-payment Along with the continuous improvement of e-commerce, many organizations or firms not only focusing their business on offline operation, but managing their business workflow on internet. Nevertheless, e-payment, as what we called as online payment, had become an indispensable item for the entire progress of e-business. Nowadays, there are more and more online payment service provided which linked with the organization. It is more flexible to the consumer, they can choose which type of service that they want, for example like PayPal, e-cash or which bank they prefer such as maybank2u and so on. Besides that, majority of the online payment service are operation 24 hours, consumer can make the transaction anytime they like. In addition, they can reduce they pain of transport from one location to another and waiting in-front of the counter in the bank. Online payment service allow consumer to make any transaction on anytime or everywhere by accessing to the network. It is the flexibility of e-payment. 3.1.4 Benefit between consumer and organization With the help of online payment, consumer and organization are benefiting in other ways like the consumer and organization are able to negotiate arrangements for the true value, and strengthen the relationship of their business. Besides that, consumer can skip many steps or documentation for the transaction. It may easier for them to control over the timing of payment steps, and minimize the operation of the idle account balance. Consumer can eliminate the delay for the processing of transaction. For organization, they can reduce the cost of processing the paper cheque. Yet when the organizations process the paper cheque that paid from consumers, they need to spend some cost to process the paper cheque. With the help of online payment, the organization may have the advantages as well by encouraging the consumer to pay electronically instead of pay by a paper cheque. In addition, they can receive the payment immediately without any delay, because the receipt is available immediately after consumer had made the payment. 3.1.5 Others common benefits Below are some of the common benefits for online payment method. Personal security We do not need to hold so much money along with us on our premises, or even on the outside, and lead to more safety and security Used internationally Online payment is a common method that can be used internationally, it is important for the tourist-sector businesses or those organization who running their business or selling their goods overseas. Reaching a wider customer base Some of the organizations accept the online payment method like phone delivery or mail ordering for online customers; it is easier for those customers who are lack of transportation or not able to reach your premises. Increase the sale opportunities For some customer willing to buy the goods from the offline business shop, the may having the problem that insufficient fund, they have to leaves to get cash, it may cause them not return to the shop again. With the help of online payment from ecommerce sector, customer can buy the goods from internet as long as the computer or devices are connected to the internet. This may lead to sale increasing. 3.2 Disadvantages of Online Payment The transaction over the internet or the transfer of fund on internet through the electronic media is known as electronic payment, as what we called as online payment. Nowadays, online payment is a daily activity for most of the business organization. It is very common and convenient for the online transaction for those organizations focus their business over web to interact with their consumers or business partners. In fact, there are still weaknesses of the online payment that we cannot ignore it. One of the ways is to be aware the raised awareness of privacy and security issues from the electronic online payment system. Consumers have to bear the risk such as fraud or identity threat that involved in the online transaction. There are several disadvantages of online payment (e-payment): 3.2.1 Privacy security concerns. In the e-commerce world, most of the online banking systems, also known as online transaction site, require the user to register as their own member with some simple input or instruction before giving the authorization for them to make the transaction. While the registration process, user need to provide the username and password, all these information implies the need of privacy protection and security. In addition, user need to maintain their account, it may be a trouble for the user. For those organizations site that hosting the user account, they should follow the strict of security and privacy policies. It is very important for those organizations to protect the privacy of the user details and prevent the information being hacked by the hacker. If the username or password is susceptible to being hacked, it maybe will cause the user a serious financial loss problem from the end. All these are a potential rick of the privacy or the personal detail being hacked while using the online payment system. 3.2.2 Identity theft Another disadvantage of using online payment is identity theft. Using the right security measure can prevent your important information being exposed by the third party. Besides that, using virus protection or firewall may very useful to protect your computer. It might a risk that you make any transaction through internet from your computer. Another example like if you losing your smart card, unfortunately the card is fall in unsafe of persons hand. There is a very serious or dangerous expenditure of your entire account balance. Though you will inform the authorities on cards loss, when the time between you losing your card and informing to the authorities, the third party (unsafe person) may transfer all your money out through your card details via internet. 3.2.3 Dependency of online payment system Along with the information technology, many organizations or firms are running their business over the internet and provide several utilities as long as online transaction. In fact, this method is indirectly effect consumers become more and more dependent on online transaction, because it speed and rapid transaction, availability 24 hours as long as connected to the internet at home or even a mobile devices. However, there still can be disadvantages for over dependent of online transaction. For example like if the email does not send to the right destination or not working well, the sender may not know the sending error or does the email has reach the destination or not. Or like for those consumers may want to pay the bill or loan over the internet instead of the traditional ways. There might be a possibility that the online payment system down or not function well from the server side, and worst there was a way for the consumer to meet the dead line. 3.2.4 Loss human touch In the physical bank, some of the customer may like to talk and communicate with the bank tellers, interacting with the bank manager or even the bank clients. But in the online virtual world, online banking system had taken off of these human interactions, all these are done by a system program, impersonal hand-off process. Due to the lack of the human interaction for online payment system, some of the customer my not know about the knowledge of online payment system. These required a basic computer skill and the knowledge about internet before using the online payment system. In addition, for some of the small online banking system, they may not provide any instruction or any guideline to lead the user in the correct way. It will caused the users entering the wrong information or incorrect bank details through the online payment system. 3.2.5 High cost development for internet payment gateway The major disadvantage for online payment method is the high cost for internet payment gateway. For those organizations or firms are running their business over the internet, the have to create an internet payment gateway or a system in-house is definitely high development cost. For those non IT companies, it is hard and difficult for them to create a system for their own. Because it wasnt their core business, and they had to use the resource from inside the company with a little or even zero of IT knowledge to build it up. Therefore, the company have to outsource from outside to help them develop a new online payment gateway for them. 3.2.6 Others Limitation Others common limitation of the online payment method: May be difficult to inspect from a remote location Limited of countries cultural and legal obstacles The rapid changing of technologies Hard to retaining the employee Government regulators Difficult to integrate the software of transaction process and the current existing database. 3.3 Critical Evaluation Based on Olga LuÃâ¦Ã ¡tÃâ¦Ã ¡ik (2009, p.15-16) The main benefit from the bank customers point of view is significant saving of time by the automation of banking services processing and introduction of an easy maintenance tools for managing customers money. Private customers seek slightly different kind of benefits from e-banking. In the study on online banking drivers Aladwani (2001) has found, that providing faster, easier and more reliable services to customers were amongst the top drivers of e-banking development. In my opinion, I definitely agree with the above statement that stated by author (Olga LuÃâ¦Ã ¡tÃâ¦Ã ¡ik). Online payment may help to reduce costs and convenience; user may stay at home to performed transaction at any time as long as connected with the network. It is fast and provides funds management, which allow user to download the history of the transaction that that had made. 4 Ecommerce Security Elements In the use of ecommerce, there are several factors that need to involved are: the confidentiality and privacy of the transaction need to be care between the sender and the recipient. The transaction or trading from ecommerce is directly represents to the individual, organization, or business competitor secrets. Therefore, to prevent any confidential data lost from ecommerce application, we have to make sure that the users are legitimate to access the system, and the authentication to filter which date should be show or which should not be show to the particular user. 4.1 The Integrity of the information Due to the accident or fraud of data entry, the information of the data may result in different way. In addition, the wrong of data or information will result the duplication of transmission in different sector of the process. Therefore, the trade sector will affect the integrity of the information from the parties that involved in the transaction and the entire of the business workflow. 4.2 The validity of the information In e-commerce world, the validity of information to individuals, organizations or even the countries are directly affected to the economic interests and reputation. Besides that, the validity of the number of time and the transaction price are very important. It is to make sure that the recipient received the data from the primary side. While for the primary side also have to make sure that the data are sent to that particular person. 4.3 The Non-repudiation of the information Non-repudiation is refers to something like document or contract that cannot simply denied by the origin party. Typically, non-repudiation is to ensure that the contract or one party cannot deny that they communicate to sign the document or the authenticity of a message. For example like legal documents usually need a witness person to sign it, it is to ensure that the person cannot deny the document. 4.4 The Authenticity of the transaction status Online transaction are geographical distant, we couldnt know each other or even an organization. Organization, businessmen, client or even consumer on internet may need to consider whether the transactions between both parties are trusted. To make the transaction success, mutual understanding and trusted with each other is very important. However, there are too many hacker or scammer in the virtual world, is hard to 100% fully trusted on the online transaction or even the in the virtual organizations. 4.5 The reliability of the system In e-environment, the most important point for the reliability of the system is to protect the confidentiality with a powerful security system. In addition, it is to prevent hacker hack into the system and steal the sensitive information from the system. Computer errors such as system failure, software down, virus detected, network connection down or natural disasters may result from potential threat. Therefore, prevention of the system in a good way is to ensure that the systems are security and reliability. It will affect the business workflow in the future if the reliability of the system is not fully secure. 4.6 Critical Evaluation According to Yang Jing (2009, p.48), Using the network for the transaction, the sender and recipient need to ensure the confidentiality of information exchanged. E-commerce as a means of trading, its message directly represents individuals, corporations or commercial secrets; and the e-commerce system is based on a more open network environment promote the application of ecommerce to maintain commercial confidentiality is an important guarantee. Therefore, in order to prevent a large number of transmissions was illegal to steal information to ensure that only legitimate users will be able to see the data. Information can prevent stolen. In my opinion, I absolutely agree with the statement that the author status above. To prevent the information lost, we have to protect it before happen. The integrity of information, the validity of information, the non-repudiation of information, The Authenticity of the Transaction Status, and The Reliability of the System, all these are the important elements which listed by the Author (Yang Jing) to prevent information lost. In fact, I believe that there are still a number of elements for information prevention which I never mentioned on top. 5 Strategic of E-commerce Security As e-commerce security cause by many factors such as fraud, identity theft, or confidential data being steal by the hacker, all these are the problem that we might face it when in the online virtual world. So, a strategic planning for ecommerce is very important, all the strategic that came out should be line with the overall of the ecommerce business management. It must provide a very powerful protection for all the ecommerce confidential data and allow them to recover as fast as possible if any incident happen. To prevent the security problem happen, a set of variety measurement must be included: 5.1 Security Strategy In order to ensure secure communications between both parties on internet, we must take the necessary measures to prevent them. For communication link purpose, we can use firewall or Virtual Private Network (VPN) to make the communication more safety and secure. And consumer must be very careful on some of the untrusted Proxy server. It is act like an intermediary for seeking the information, resource, or link that requested by the client. If the consumer are using the untrusted proxy server, all the data that the client provided may not be encrypted and sent to the proxy server, and proxy server may record down everything sent from the client, including the login and password. For identification and authentication purpose, encrypted or hash function may be very useful in this situation. In ecommerce, login is a very common and the first step for the consumer before they move on the transaction step. To login to the system, the system needs to identify the user name and password before provide the authentication to the user. With the help of encryption, user password have more secure which showing the password in * symbol. Besides the encryption, hash function is a way to convert your password into others form and store in the s
Communication Development Plan
Communication Development Plan Abstract This paper describes how the communication can be developed by using some strategic plans or tools. It contains graphical representation and the content will be in my point of view. The development plan is clearly explained in the document. It defines the goals and strategies of communication development. Communication Development Plan The purpose of the communication plan is to develop my communication skills and to be experienced for attending a job interview. By effectively communicating I can easily work with the co-employees and accomplish the given tasks. The communication plan gives a system to oversee and facilitate the wide assortment of interchanges that occur amid the venture. The communication plan covers who will get the interchanges, how the interchanges will be conveyed, what data will be imported, who imparts and the recurrence of the interchanges. Communication development exercises distinguish the proper level of communication for each venture partner, what data ought to be conveyed, and the recurrence of interchanges. This arrangement ought to likewise incorporate the vehicle of communication (email, up close and personal gatherings, and so forth). The danger of deficient planning could bring about the inability to finish key venture destinations, duplication of exertion, and diminished partner certainty. Current Assessment of Communication My current communication assessment is developed by scoring each category through assessing on my own knowledge: Table 1Self-Assessment Scoring table (Deborah J. Barret. 2014. P.21) Score Capability Area 4 Ethos/image 3 Audience analysis and strategy 3 Social media and other written communication 2 Oral communication 3 Visual communication 4 El: Dealing with own feeling 3 El: Dealing with others 4 Cultural communication competence 3 Group and team communication and dynamics 3 Organizational communication 3 Internal communication 2 External communication 1= Need lots of work in this area 2= Need some work in this area 3= Acceptable, but could be stronger 4= Very good abilities, close to leadership communication level 5= Excellent abilities, leadership communication level achieved The above table shows in which categories I need to develop and which one is strong. By this assessment, I can easily know what the areas need to develop and work on it. Communication Improvement Goals You can have brilliant ideas, but if you cant get them across, your ideas wont get you anywhere. (Lee Lacocca) The communication skills that need to be improve are Listening skills and Oral communication. I generally wondered: What is it that makes a few people exceptionally powerful communicators while a couple gets to be tongue-tied at the possibility of tending to a gathering of outsiders? I used to know somebody who was particularly splendid, conferred and remain in his employment yet he generally used to get disregarded when the time sought the yearly progression or raise. For all intents and purposes, each part of the life force you to speak with others in some frame or mold. If you need to set objectives to enhance relational abilities, first, consider how you identify with others and after that solicit you what undesirable examples from conduct may hinder communication achievement. Indeed, even a snapshot of expectation may go far toward enhancing individual and business relationships. Similarly, as with whatever another aptitude, you must point on your capacity to speak with others obviously and viable. A few people are conceived with it. Yet, there is a large portion of us, I included, who have needed to take a shot at it to get to where we are today. Have patience. Try not to anticipate that yourself will bloom into a sure public speaker overnight. Set sensible objectives and compliment yourself at whatever point you effectively explore through a saddling discussion or discourse. Actions to achieve goals Listening Skills: To become a good listener, we need to follow the requirements below: Focus Fully on the Speaker his or her non-verbal communication, the manner of speaking, and other nonverbal signs. The manner of speaking passes on feeling, so in case youre considering different things, checking instant messages or doodling, youre practically sure to miss the nonverbal prompts and the enthusiastic substance behind the words being talked. Furthermore, if the individual talking is comparatively diverted, youll have the capacity to rapidly get on it. If you think that its difficult to focus on a few speakers, take a stab at rehashing their words over in your mind until it fortifies their message and help you to remain centered. Favor your right ear the left half of the mind contains the essential preparing places for both dialogue appreciation and feelings. Since the left half of the mind is associated with the right side of the body, supporting your right ear can help you better understand the enthusiastic distinction of what somebody is stating. Have a go at keeping your stance straight, your button down, and tilting your right ear towards the speaker this will make it less demanding to get on the higher frequencies of human talk that contain the enthusiastic substance of whats being said. Avoid interrupting or trying to redirect the conversation to your concerns, by saying something like, On the off chance that you feel that is terrible, given me a chance to disclose to you what occur. Listening is not the same as sitting tight for your swing to talk. You cant focus on what somebodys expression in case youre framing what will state next. Frequently, the speaker can read your outward appearances and realize that your mind is not here. Show your interest in what beings said. Nod your head incidentally, grin at the individual, and ensure your posture is open and welcoming. Urge the speaker to proceed with little verbal remarks like yes or uh-huh. Try to set aside judgement. Keeping in mind the top goal to discuss successfully with somebody, you dont need to like them or accord with their views, qualities, or conclusions. In any case, you do not need the judgment and keep fault and keeping feedback in mind the end goal to completely understand a man. The most disturbing communication, when effectively executed, can prompt to the most improbable and significant association with somebody. Provide feedback. If there is by all accounts a difference, reflect what has been said by rewarding. What Im hearing is, or Seems like you are stating, are incredible approaches to reflect. Dont just repeat what the speaker has said literally, however-youll sound devious or unintelligent. Rather, express what the speakers words intend to you. Make inquiries to clear up specific focuses: What do you mean when you say or Is this what you mean? Individuals frequently concentrate on what they ought to state, however viable correspondence is less about speaking and more about tuning in. Listening admirably implies not simply understanding the words or the data being imported, additionally understanding the feelings the speaker is attempting to convey. (Robinson, Segal, Smith. 2016. p.3-4). Oral Communication. An important part of supervision is the capacity to speak with other parties. A successful approach to rapidly enhance the capacity to impart orally and in composing is to see each correspondence open door as making an oral proposition to someone else. The oral proposition can be made orally, or it can be in a composed report. The accompanying dialog of making an oral proposition is more expanding than a boss would typically do in imparting assignments or data to a subordinate, yet the ideas are appropriate to all oral communication. (CSTE Common Body of Knowledge, V6.1) The following guidelines need to be followed when giving a presentation: Underline that you are introducing the best answer for the clients issues. Emphasize that your venture group is all around prepared to complete this arrangement. Sell the corporate experience of your enterprise staff and yourself. Sell your own administration capacities. trade the specialized mastery of the venture staff and yourself. Sell your eagerness to do this venture sufficiently, effectively, and financially. Oral Communication is the process of verbally transmitting data and thoughts starting with one individual or gathering then onto the next. Oral correspondence can be either formal or casual. Cases of casual oral communication include: Face-to-Face discussions Phone discussions Talks that happen at conferences Strategic planning/Communication The strategic plan used for finding my goals to achieve is self-assessment as shown above in the table. The below is the plan for achieving my goals: Communication Development Process: The above figure explains how to achieve communication by following the cycle. Define Success: Firstly, identify the needs that are need to be developed for the organization that you are interested to apply for a job. Self-Awareness: Understanding the strengths and weaknesses by assessing on your own knowledge and by checking with the organization. Self-Management: Setting the goal is more important which leads to a great leader. Then focus on implementing the goal by several strategies and finally develop the skills that are required through practicing daily by some activities. Evaluate progress: At last measure, the goals whether you have reached or not. If you find any remarks while improving stats, then plan to refine the goals and continue the process until it done. Improving does not end. (Sir Winston Churchill) SMART Goals: It is used to measure the goals and maintain a time table which helps to achieve your goals. The above briefly shows that what are the SMART goals responsible and what can be achieved from it. When you have arranged your venture, turn your regard for building up a few objectives that will empower you to be effective. Objectives ought to be SMART Specific, Measurable, Achievable, Realistic and time-based. (Haughey. 2014) Specific: What needs to be accomplished and why? Oral Communication It is the important means of communication which is used for academic and business meetings. Time management It helps you to make right choices, so you can spend more time on the things that are more valuable to you. Measurable: How will I know it will be accomplished? When I was in undergrad, I couldnt give speeches in front of class. But, now I have improved a little and gaining experience by taking feedback from professors. Achievable: Time Management:Ã Oral Communication: Know your subject clearly and practice Do not speak too fast It is better to say little than too much Make face-to-face conversation effective Improving presentation skills Record a video for yourself and verify Relevant: Is this worth time? Yes, I am student and have free time. Is this the right time? Yes, while being a student is the right time to learn. Am I right person to reach the goal? Yes, I want to become a project leader. Time Bound: When? I have 9 months of time from now. What can I do from now? I can learn many things while being a student and take feedback of lecturers. I can gain more experience from the collage. Conclusion I conclude this report that communication development plan is very helpful for those who want to become a good leader and achieve their goals. I have briefly explained how to achieve goals using SMART analysis and given the table format. Self-assessment is also given to identify your goals that need to be improved. References Robinson.L, Segal.J, and Smith.M. Effective Communication. Last updated: December 2016. p.3-4. https://www.helpguide.org/articles/relationships/effective-communication.htm?pdf=true CSTE Common Body Of Knowledge, V6.1. http://msqaa.org/Best_Practices/Management/MakingProposal.pdf Deborah J. Barret. (2014). Leadership Communication. Mc Graw Hill Education: New York. p.21.
Sunday, August 4, 2019
Misguided Love in The Glass Menagerie Essay -- Glass Menagerie essays
Misguided Love in The Glass Menagerie The Glass Menagerie, written by playwright Tennessee Williams, is the story of a family torn apart by heartbreak from the past and tragedy from the present. Williams' parallels this play to his true life experience with his own family, which makes The Glass Menagerie an even more tragic version of what happens to a family when love is lost and abandonment is reality. Providing for a family can be an overwhelming responsibility, for there are many pitfalls along the way, some families are able to cope, some are not, and The Glass Menagerie gives us insight into what truly happens to a family when faced with abandonment. The story begins in The Wingfield apartment in the rear of a building, which can only be entered by a fire escape. A picture hangs on the living room wall of Mr. Wingfield, who took flight from his family when the children were very small. As Tom, the son recounts, "Father was a telephone man who fell in love with long distances; he gave up his job with the telephone company and skipped the fantastic out of town." There are three main characters throughout this play. Amanda, the mother, is unable to forgive herself for the poor judgement of character she made as a young lady ultimately leaving a lonely, bitter and fearful future for herself and her children. She so dearly loves her children. Tom is a man with dreams of a future but is stifled into a world of disgust and guilt by his overbearing mother. He is a poet at heart, stuck in a job at a shoe factory trying to make ends meet, bearing the responsibility of his younger sister, and all the while dreaming of a life of his own. Although Amanda is quick to let Tom know how much she dearly hates him working at t... ...f this gesture accidentally knocks over the figurine and it too breaks. Laura makes an attempt to recover herself, and for a fleeting moment all seems well, until Jim announces he has another woman in his life, and awkwardly excuses himself; leaving Laura forever silenced before the broken glass. These two moments in time that portray the essence of this story; the darkness and despair, the shattering of human life, and the failure to mend. The Glass Menagerie is a gripping story, one that will leave many who view it with the feeling that Williams' was actually writing about their own lives. The power to overcome the feeling of hopelessness, betrayal, abandonment, and difference is within us all, but not all of us can escape from our past. Works Cited: Williams, Tennessee. The Glass Menagerie. University of North Carolina at Pembroke. October 31, 1997.
Saturday, August 3, 2019
Economic Reasons for American Independence :: essays papers
Economic Reasons for American Independence The thirteen colonies that became the USA were originally colonies of Great Britain. By the time the American Revolution took place, the citizens of these colonies were beginning to get tired of the British rule. Rebellion and discontent were rampant. For those people who see the change in the American government and society a real Revolution, the Revolution is essentially an economic one. The main reason the colonies started rebelling against 'mother England' was the taxation issue. The colonies debated England's legal power to tax them and, furthermore, did not wish to be taxed without representation. This was one of the main causes of the Revolutionary War. Eleven years before America had declared it's independence there was 1,450,000 white and 400,000 Negro subjects of the crown. The colonies extended from the Atlantic to the Appalachian barrier (Brinton, 1965). The life in these thirteen colonies was primarily rural, the economy based on agriculture, most were descended from the English, and politics were only the concern of land owners. Throughout these prosperous colonies, only a small portion of the population were content with their lives as subjects of George III. Most found it hard to be continually enthusiastic for their King sitting on his thrown, thousands of miles away. Despite this there were few signs of the upcoming revolution. The occasional call for democracy and liberty were written off by loyalists. Among the upper class feelings of loyalty to the crown were strong and eloquently expressed. The attitudes of the common people mirrored their counterparts in England. They had a combination of indifference and obeisance. The first colonists had brought over both good and evil of their mother country in the seventeenth century. The good had been toughened and in several instances improved; much of the bad had faded away under the tough conditions of life. The American was a special brand of Englishman: he was more American than the English. In the beginning, the economic conditions were a cause in the advance of liberty, the wages in the colonies were generally higher and the working conditions were better than in England. The reason for this altogether joyous condition was a shortage of labor caused by the mass amount of land being settled. The people of the seaboard lost many of their community in the migration to the west. The immigrants brought with them ways of life that supported the colonies.
Friday, August 2, 2019
The Assylum Seeker
My name is Ali and I come from Libya . After a week of roughing it on a empty carriage of a cargo train and then hiding on the deck of a fishing trawler I had arrived in England. Cold, frightened and hungry though I was, I had still made it! For the first time in many years a smile revisited my face. As a man and woman accompanied by two children, strolled past, that moment of triumph quickly passed and soon was replaced with a great sadness for the family that I had left back in Libya. My wife and my two children, how were they coping? hat were they doing at this moment? A yawning pit of dread opened inside me as I walked down the ramps and through the docks. I was climbing the ladder of uncertainty. Countless questions swirled in my mind none of which I had the answer to. Were the people here friendly? Were they going to accept me, but most importantly would all my efforts bear fruit? Pushing these thoughts from my mind I nurtured the determination within me, letting it flare brightly. I was going to get in, my familly was counting on me. I would not let them throw me out without a fight. As I wandered through the streets people cast ugly glances at me and muttered in hushed tones. Blanking them, I carried on. A tall man dressed in black and wearing a funny looking black domed hat approached me. Trying to avoid a confrontation I walked quickly in the other direction. Glancing back I saw that the man was talking rapidly into a device in his hand and had started chasing after me. Not knowing what else to do, I stopped and put my hands in front of me disarmingly. Walking briskly up to me, he searched me, not finding anything he then promptly shoved me against the nearest wall and handcuffed me. Feeling confused and helpless I shouted and struggled, no one moved to help. How could they let this happen? Where was the local law enforcement? This was a regular occurance in Libya, but here as well? Only later that night in a county jail cell, (a jail cell which was warm and dry! ) was it made clear to me that the man who had handcuffed me was a police officer. That night I was given food and water and there was actually meat! Along with filling bread which smelled so delicious, Mmmmmm. I had never been so grateful in my life for this and ate with great care. The next day I was interrogated agonisingly. ââ¬ËMe seek a-ssylum. ââ¬Ë I said quickly. ââ¬ËOk, ok. ââ¬Ë said the officer reassuringly. ââ¬ËWhat is your name? ââ¬Ë ââ¬ËMe Ali. ââ¬Ë I managed to stutter in broken English. ââ¬ËWhere do you come from? ââ¬Ë asked the officer slowly. Repeating the question again, ââ¬ËW-h-e-r-e-d-o-y-o-u-c-o-m-e-f-r-oââ¬âm-? After a long pause, ââ¬ËIââ¬â- Iââ¬âI, I c-ccome from Li-b-y-a. ââ¬Ë I said struggling. ââ¬ËDo you have any identification? ââ¬Ë asked the officer patiently. I shrugged helplessly, ââ¬ËMe see-eek ass-yââ¬âlum. ââ¬Ë I said again. At that moment the officer motioned to someone behind the door. A tall man with a hard set face entered the room. ââ¬ËThis man is from the Home Office. ââ¬Ë said the officer. ââ¬ËHe will evaluate your claim for assylum. ââ¬Ë ââ¬ËCome with me. ââ¬Ë said the man icily. I took a grateful breath of much needed fresh air as we stepped into the cold wet morning. Wasting no time we got into a black van and then drove for over an hour. Finally we reached our destination, a looming office building which rose over 30 metres in the air. My heart started beating faster as I got out of the van. Offering no reasurance and seemingly blind to my situation the man started for the building. Now heart in my throat, I quickly followed on legs that were about to collapse. All my previous resolve had dissapated and no matter how hard I tried I could not summon any back. An hour into the interview, I was sweating profoundly through every pore, by now my throat was parched and there was a vast wet patch on my backside and all along my back. The air itself seemed to be wrapping itself more and more tightly around me, suffocating me. Speaking in Arabic to the translator I made one last desperate speech. ââ¬ËPlease, there is no element of freedom in our lives, my family works for a 14 hour day and still find it hard to buy the basic necessary essentials. Most importantly we see no future for our children, they need to focus on their education but they can't, seeing as they have to work aswell as study in order for us to have enough money to live on. Rita who is ten years old wears the clothes that her sister has grown out of since we cannot afford new clothes. Neither I nor my wife want this life for our children. ââ¬Ë Slumping into my chair drained, I waited for the translator to translate what I had just said. The home office official stood up to make his decision, I tensedâ⬠¦.. As I stepped back into the fresh air I breathed out deeply. Being preoccupied with worry and anticipation, I became aware of the surroundings which I didn't notice before, the flowers, the line of trees and towering buildings in the distance. This was a world apart from where I had grown up. I would lay down a new life here. Now to get my family through.
Thursday, August 1, 2019
Intention to create legal relations Essay
Before looking at if the intention to create legal relations should be used to replace consideration, it is important to look at how these doctrines fit into the essential elements in a contract. Their use will then be discussed, together with the doctrine of promissory estoppel. In evaluating these principles reference will be made to case law, judicial comment and of leading contract academics work. Finally, thought will be given to the future of consideration, and if it is still necessary today, when so many other countries have adopted alternative approaches to ensuring that contracts are binding. In the formation of contracts two elements are vital. Firstly, the ââ¬Å"offer,â⬠an indication by one person prepared to contract with another, on certain terms, which are fixed, or capable of being fixed at the time the offer is made.[1] Secondly, there must be an ââ¬Å"acceptanceâ⬠, an unconditional assent to a definite offer.[2] These two combine to create certainty that a contract has been formed, for, as in Scammell v Ouston (1941),[3] ââ¬Å"if an agreement is uncertain on some important issueâ⬠¦the courts will hold there is no contract.â⬠[4] Following this, the elements of consideration and intent provide the contractââ¬â¢s ââ¬Å"body and substanceâ⬠[5] So, what is meant by ââ¬Å"considerationâ⬠and ââ¬Å"the intention to create legal relationsâ⬠? English law usually requires proof that the parties have made a bargain, or agreement,[6] this is known as the benefit and detriment test. (Currie v Misa (1875))[7] or â⬠a benefit to one party or a detriment to another.â⬠[8] So, in practical terms consideration can be defined as what one party in an agreement is giving, or promising, in exchange for what is being given, or promised, by the other side. [9] This provides mutuality, making the contract enforceable. The Oxford Dictionary of Law definition states, ââ¬Å"Consideration is essential to the validity of any contract other than one made by deed. Without consideration an agreement not made by deed is not binding; it is a nudum pactum (naked agreement) governed by the maxim ex nudo pacto non oritur action (a right of action does not arise out of a naked agreement.)â⬠[10] English law does not rely on formali ties as a way of identifying intention to create a legally binding contract. Instead it focuses on offer, acceptance and consideration.[11] If these are present,à and unless rebutted by contrary evidence, courts operate on the basis of two legal presumptions, that there is no intention to be bound in domestic or social arrangements, but there is intention to be bound in commercial agreements.[12] Professor B.A.Hepple claims that there is no need of a separate requirement of intention, and that a bargain, involving mutuality is sufficient. These views are not generally accepted as it is widely agreed that identifying the partiesââ¬â¢ intentions is essential to the role of the courts when establishing if a contract was made.[13] (mfâ⬠¦) It is useful to look at why English law has become so reliant on the consideration element of a contract, and why it has frequently been used as the ââ¬Å"badge of enforceability,â⬠[14] Professor Atiyah argues that ââ¬Å"considerationâ⬠originally meant a ââ¬Å"reason for enforcing an agreement.â⬠[15] Early forms of contract law mainly involved agreements regarding debt, covenant, or detinue ie., wrongful detention of property, and were only binding if under seal. This method, which required a degree of form such as writing or a deed, was used to prevent fraud and proved that there was an intention to create legal relations. Consideration was first used in the sixteenth century when, in order to enforce informal agreements, the law of assumsit was developed.[16] So, while that the law would, ââ¬Å"â⬠¦still not enforce merely gratuitous promises, â⬠¦ the law had to develop an element that could distinguish between a proper contractual agreement, and somethin g less that would not.â⬠[17] Due to the Law of Property Miscellaneous Provisions Act 1989, form is still required for contracts involving the sale of land. It is also used to offer consumers protection in hire purchase and consumer credit agreements. In the English Common law system, a promise is not legally binding as part of a contract except if it is made in a deed or supported by some consideration. [18] Sir Guenter Treitel Q.C., describes the purpose of consideration as,à ââ¬Å"â⬠¦to put some legal limits on the enforceability of agreements even where they are intended to be legally binding and are not vitiated by some factorà such as mistake, misrepresentation, duress or illegality.â⬠[19] This is a peculiarity found only in English law. In some civil law countries, promises that in England would not be considered binding due to ââ¬Å"lack of consideration,â⬠can be enforced if they have been made in some notarised writing. The European Civil Law systems were formed around the fifteenth century and based on the Roman Catholic Code of Canon law and the value of good faith. Due to this, their courts take the view that all lawful and sincere agreements are contracts.[20] As English law has developed there has been an insistence on the use of consideration and intention to create legal relations in order to enforce a contract. (Balfour v Balfour (1919))[21] Although it may not be easy to find consideration in a contract, (Ward v Byham (1956))[22] it could be asked why it is thought to be necessary at all. Originally, the basic idea of consideration was to show that A had bought Bââ¬â¢s promise.[23] (Dunlop Pneumatic Tyre Co Ltd v Selfridge & Co Ltd (1915))[24] However, there was a general principle of non-interference in the concerns of other people. Therefore, the doctrine was not strictly enforced; it was enough to provide sufficiency of consideration it did not have to be adequate. This meant that, ââ¬Å"the consideration provided by one party need not equal in value the consideration provided by the other party.â⬠[25](Thomas v Thomas (1842))[26] Since this case it was assumed that consideration must have at least some economic value, and that it must be, ââ¬Å"â⬠¦something which has some value in the eye of the law.â⬠[27] (mfâ⬠¦) The use of the word ââ¬Å"sufficiencyâ⬠also causes uncertainty. Courts have decided it must be real, not as in White v Bluett (1853)[28] where a son tried to use a promise to stop complaining over the distribution of his fatherââ¬â¢s property as consideration. Although, there was an economic element, as a father promised not to enforce the repayment of a debt owed to him by his son, it was held that, ââ¬Å"The son had no right to complain, for the father might make whatà distribution of his property as he liked; and the sonââ¬â¢s abstaining from what he had no right to do can be no consideration.â⬠[29] In this case the court took the view that this type of moral obligation could not be used as any form of value, in other cases the courts appear to almost invent consideration so contracts can be enforced.[30] As in Ward v Byham (1956) where ââ¬Å"happinessâ⬠was used. In Chappell & Co v Nestle Co Ltd., (1960),[31] the House of Lords held that chocolate wrappers needed to buy records in a special promotion were part of the consideration. The wrappers had no monetary value, for upon receipt Nestleââ¬â¢s would simply discard them.[32] Therefore, even something valueless could be used as consideration. From this it can be seen that consideration does not guarantee fairness of bargains. Indeed it could be argued that, as this would not fit the benefit and detriment test, this type of ââ¬Å"nominal bargainâ⬠[33] should not be allowed. This is the most problematic area of the rules surrounding consideration. To start with, the fact that consideration need not be adequate, just sufficient, means it does not need to be of equal value to that which the other party is offering. This could lead to injustice. There could be some perfectly good reason why A sells his Mercedes to B for a token amount, but what if he is under duress, perhaps being blackmailed by B.[34] Similarly, it is quite fair that, as in Stilk v Myrick (1809)[35] performance of an existing contractual duty was held to be insufficient consideration. An employee should not be allowed to hold his employer to ransom in this way, unless it is proven that the situation changed significantly, and he has undertaken a considerable extra workload after the promise of extra pay. (Hartley v Ponsonby (1857))[36] So why do the courts permit the token element in bargains at all? It has been said that, ââ¬Å"consideration was originally the reason for the enforcement of a promise.â⬠[37] Therefore, even token bargains have a purpose by providing evidence that the parties take the agreement seriously, and show an intention to create legal relations. The doctrine of consideration was also used was where alteration promises were made regarding the part payment of debts. The general rule as established in Pinnelââ¬â¢sââ¬â¢ case (1602)[38] was that ââ¬Å"the gift of a horse, hawk or robe, etc in satisfaction is good.â⬠[39] The assumption being that providing something in consideration might be more beneficial to the plaintiff than waiting for the money.[40] This rule was confirmed in the House of Lords in Foakes v Beer (1884)[41]. This ââ¬Å"practical benefitâ⬠was also the principle in Williams v Roffey Brothers (1990)[42] where it was advantageous to pay more for the same work. However, the rule in Pinnelââ¬â¢s Case can be avoided by providing ââ¬Å"extra consideration, altering the way payment is made, by paying earlier, at a different time or place or via third party.â⬠[43] Possibly due to this, the Law revision Committee 1937 recommended the abolition of the rule in Pinnelââ¬â¢s Case, but so far t hat has not happened.[44] Lord Denning tried a different approach with his use of the equitable principle of promissory estoppel. In his obiter statement in Central London Property Trust v High Trees House (1947),[45] he stated that, â⬠a promise intended to be binding, intended to be acted upon, and in fact acted on, is binding so far as its terms properly apply.[46] Due to this it was held that a promise could be enforced without consideration if it would be wrong for that person to go back on a promise and there has been a reliance on it.[47] He based his views on Lord Cairnsââ¬â¢ comments in the earlier ââ¬Å"equitable waiverâ⬠case of Hughes vMetropolitan Railway (1877)[48] It has been suggested that the promisee must have suffered a detriment from reliance on a promise. Lord Denning denied that this was necessary, claiming that someone just needed to have ââ¬Å"acted on the belief induced by the other party.â⬠(W J Alan & Co v El Nasr (1972))[49]. Other limitations exist, promissory estoppel only applies to the modification or discharge of an existing contractual obligation, [50] therefore ââ¬Å"equity is a shield not a sword,â⬠it will not allow someone to use equity to instigate a cause ofà action.[51] (Coombe v Coombe (1951)[52] The promise not to enforce rights must be clear and unequivocal, in The Scaptrade (1983)[53] it was held that the fact that they hadnââ¬â¢t enforced their full rights in the past was not sufficient. It must be inequitable for the promisor to go back on his promise, in D & C Builders v Rees (1966)[54], Mrs Rees had forced the builders to accept her cheque by inequitable means and so could not rely on promissory estoppel,[55] for ââ¬Å"he who comes to equity must do so with clean hands.â⬠[56] This doctrine is also contrary to the House of Lords decisions in Jorden v Money ( 1854)[57] and Foakes v Beer (1884) As can be seen from these cases, unlike in the past when a gentlemanââ¬â¢s word was his bond, people can no longer be relied upon to keep gratuitous promises, however seriously meant. They are also likely to use litigation if they later wish to go back on them. Treitel points out that, â⬠the doctrine of consideration has attracted much criticism, ââ¬Å"[58] as even the most flimsy evidence is given as consideration, so its use has become somewhat dubious. ââ¬Å"The doctrine is an historical accident; that foreign systems do without.â⬠[59]To overcome these problems, Parliament could extend the scope of existing legislation by using form to prove the intention to create legal relations in more situations than now. That would mean that although not needed for basic everyday events like shopping, or private domestic arrangements; eg., babysitting, all other contracts of a financial or contractual nature would have to have written agreements. As Treitel says, â⬠English law does recognise, in the deed, a perfectly safe and relatively simple means of making gratuitous promises binding.â⬠[60]These would be subject to the usual rules applying to the Sale and Supply of Goods Act 1994, the Consumer Protection Act 1987, the Supply of Goods and Services Act 1982, etc., In the event of a dispute regarding a contract with no written agreement, the courts could consider it to be void, as there was no proof of an intention to create legal relations and therefore the contract has no legal effect. Any money paid out under such a contract would be recoverable and any work that has been done maybe compensated on a quantum meruit basis.[61] Care would also have to be taken to ensure the rights of third parties are protected.[62] The use of form as proof of the intention to create legal relations would provide a ââ¬Å"useful safeguard against rashà promises.â⬠[63] Although, ââ¬Å"this does not solve the problem of action in reliance on an informal promiseâ⬠¦ the court maybe able to give some effect to the promise under the doctrine of waiver or in equity.â⬠[64]
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