Wednesday, May 6, 2020
Standard Form Contract
Question: Explain Standard Form Contract? Answer: Standard form contract refers to the agreement signed by the parties, but the terms and conditions set by one side. The other part of the contract has no ability or a little part to negotiate the terms of the contract with a provision of take it or leave it situation. The standard form of contract is also referred to as a boilerplate or adhesion contract. The example of this type of contract is insurance policies where the insurer is in decision making position about the insured subjects or objects. It also refers to the government contract with the government agencies as there is the inclusion of some clauses by the law or regulations (Brook 2012). The standard form of contract is not illegal per se, and there is a genuine possibility for unconscionability. If any ambiguity occurs, that will be solved by the interpretation against the drafting party of the contract. The standard form of contract is signed between two or more diverse negotiating partners. This contract is lawfully binding the parties to the agreement for doing a certain thing, where bargaining power assigned to one party and it may be written in the contract preliminary for an advantage (Chappell 2014). Overview The standard form of contract plays a significant role to promote the economic efficiency. This type of contract reduces the transaction by preventing the necessitate for the buyers and sellers of services and goods. On the contrary, there is a possibility for the signatories to sign the contract with unjust and inefficient terms. Also, they are not allow to modify or terminate the contract. It is difficult for the large-scale organisations to make separate contracts with every possible person. For that reason, they have a written and printed form of the contract. The contract includes an enormous number of terms and conditions that confine or exclude the liability of the huge companies. The other part of the contract would sign the contract by understanding the conditions without any modifications (Fawzy and El-adaway 2013). The terms may be accepted for following reasons: Seldom read the standard form contracts Lengthy adhesion contracts terms often written in a complex legal language and finely printed seems irrelevant in the contract. The buyers do not understand the legal language apparently, they use to find the information as irrelevant. Although the buyers may understand the terms of the contract, they have no option to negotiate as the contract is represented by the provision of 'take it or leave it'. One need a lot of time to read and understand the terms of the contract, but the expected payoff is very little (Adriaanse and Robinson 2015). Access to full terms is difficult before acceptance Sometimes, one signed a document, which is not the entire contract. The purchaser seldom told that some more terms are written in another location. It reduces the probability that the customer may read the clauses of the contract. Sometimes the provisions are written in the box and have to open the box before reading the terms. For example, the software license agreements interpret after the acceptance of the terms of the contract by buying the good. This types of contracts may be not enforceable as the common law states that all the conditions of the contract should be disclosed before the contract is performed (Eadie et al. 2015). No significance of boilerplate terms The quality and price of the product are most material for the buyers before buying any goods or services, which are understood by them before signing the contract of adhesion. The purchasers are not interested to know or understand the terms of the agreement, which have a little chance of occurrence. For this reason, the opportunity of reading the terms became very quiet, or the buyers use to ignore the provisions of the contract (Cooke and Williams 2013). Social pressure for signing the contract The main details of the transaction firstly explained to the purchasers, then the standard form contracts signed. At that time, social pressure from the various sources are provided to the buyers to wrap up the bargain. The salesperson often said that there is no reason to treat the terms as if that is only waste of time, and told that the conditions are some formalities written by the lawyers and need to sign by purchasers. In case, the buyer stands in the first place in a queue, and then people standing behind him/her give some additional pressure to sign quickly. Finally, in case, the salesperson give a concession on a product describing as a gift, and then the purchaser has the obligation of being co-operative with them and conclude the transaction (Cheung 2014). Exploitation of unequal power relations by standard form contracts If a contract of adhesion is the basis of selling a good and it is crucial for the buyers to buy the product, then the purchasers have an interpretation that they have no other choice other than to accept the terms. The example for these contracts is a rental property or requirement of medical item. The dilemma may be lessened in case the number of suppliers of the goods increase who have different terms written I the contract. However, this solution always not possible to invoke, for instance, a student may have to sign a contract before joining in the college dormitory as the college would not allow the freshman to stay out of the campus (Joyce and Houghton 2014). It is contended that consumers can negotiate with the terms of the contract in a competitive market as they have choices to accept the product in their favourable conditions. However, if one wants the credit card or the other oligopolies, for example, the customer able to shop around with the access to the standard forms of contracts with same types of terms and there is no opportunity to moderate the terms (Ndekugri and Rycroft 2012). Reasonable Notice The document delivered by the person has the duty to provide the proper notice to the other party about the printed provisions of the contract. The terms of the agreement has not bound the offeree if he has not been understood by the offeror (Chong and Phuah 2013). In Henderson v. Stevenson, a steamer ticket was bought by the plaintiff where the destination it was written on the front side and on the back side, certain terms including the liability of loss, injury or damages were mentioned. There was no indication on the front side to refer the back of the ticket for terms and the plaintiff travelled without seeing the back of the ticket. The luggage of the claimant was lost during the journey because of the mistake of employees of the company. The court found the harm to the plaintiff should be recovered from the defendant despite the exemption clause mentioned in the ticket (Henderson v. Stevenson [1875]). Unenforceable nature of the standard form contracts The contractual dispute resolution clause may be unenforceable in the legal system as it seems to be an agreement to agree. In WTE Co-generation and Visy Energy Pty Limited v RCR Energy Pty Limited Anor, there was a provision of dispute resolution in the contract mentioning that the senior executives would attempt to resolve the differences. The court held that the clause of the dispute resolution is the agreement to agree, which is not enforceable at law (WTE Co-generation and Visy Energy Pty Limited v RCR Energy Pty Limited Anor, [2013]). Incorporation of unfair terms The common law stated that at the time of signing the contract, the term of the adhesion contract is to be brought to the notice of the contracting party. The terms of the contract would not be said to be accepted by the party unless they know the provision. Therefore, the term would not be a part of the agreement (AkbÃâà ±yÃâà ±klÃâà ±, Dikmen and Eaton 2012). In Olley v Marlborough Court, the claimant books a hotel room. In the reception desk, the plaintiff signed the contract where any elimination clause was not mentioned. A note was given at the back of the door in the hotel room. In the notice, it was mentioned that the hotel proprietors exclude their liability in case of any damage or loss of the property of the boarders. The court held that the notice referred to in back door is not effective as the contract is already signed by the parties before the claimant saw the notice. The notice in the back of the gate did not form the part of the notice (Olley v Marlboroug h Court, [1949]). Fundamental breach of contract In case one term of the standard forms contract resulted in the basic breach of contract, then such term must be removed from the standard forms contract so that the weaker among the parties be protected. If a party has high bargaining power, then the party tries to insert the exemption clause in the contract that the duty for the performance of the contractual obligation is harmful (Cakmak and Tas 2014). In Alexander v. Railway Executive, the claimant received a ticket in return of his deposition of luggage in the cloak room of defendant. The ticket has a printed term about the exemption of liability of the defendants in the case of any loss or misdelivery of luggage. The luggage of the plaintiff was delivered to an unauthorised person without producing the ticket. The court held that there was a fundamental breach of the contract as of non-delivery of the luggage to the plaintiff. The defendants held liable for the damages to the claimant (Alexander v. Railway Executive [1951]). Liability in tort In case there is a general exemption clause mentioning the exclusion of all obligations in the contract, still the liability for tort will not be excluded. In White v. John Warwick Co Ltd, the defendant, gave the cycle on hire basis to the plaintiff. The defendant settled in the agreement to maintain the cycle in the working condition. The agreement contains a clause that the respondent would not be liable for any personal injury. While travelling in the cycle, the load of the cycle tilted forward and the claimant fall from the cycle and injury occurred. The court held that though the exemption clause mentioned in the agreement, the defendant is liable for their negligence for which the plaintiff got an injury. (White v. John Warwick Co Ltd [1953]) Liability towards the third party The common law of contract stated that contract is an agreement signed by two parties signed it, no third party or any party other than who signed the agreement has any liability to fulfill the contract. However, in certain cases, the third party is liable for the terms of the standard forms of contract (Mzyece et al. 2012). In Morris v. CW Martin Sons, the furrier got the fur garment to clean from the plaintiff. As the furrier was not into the business of cleaning the fur garment, the plaintiff consented to give the garment to the defendant for cleaning. The plaintiff filed a case against the defendant as the fur garments were stolen by the servant of the respondent. The defendant claimed that he should be exempted from the liability as there was no contract signed by the plaintiff and him. The court held the defendant liable for the lost and said that he was not allowed any exemption (Morris v. CW Martin Sons [1966]). Standard forms of Construction Contracts The International Federation of Consulting Engineers (FIDIC), New Engineering Contract (NEC) and Joint Contracts Tribunal (JCT) mostly issue the forms of construction contracts used in England. In some cases, the obligation on construction and design are upon the constructor. There are other organizations, which publish standard forms of contracts used on the construction projects like the Institution of Civil Engineers (ICE) and the Institute of Chemical Engineers (IChemE) (Yoke-Lian et al. 2012). FIDIC The FIDIC forms used three types of design and construction that mainly vary in the assigning dependability for designing the works and in the allotment of risk: The Red Book It is the Conditions of Contract for Construction for Building and Engineering Works Design by the Employer, and also known as the Construction Contract. The Yellow Book Conditions of Contract for Plant and Design Build for Electrical and Mechanical Plant, and for Building and Engineering Works Designed by the Contractor, also known as the Plant and Design-Build Contract; and (c) The Silver Book Conditions of Contract for Engineering, Procurement and Construction/Turnkey Projects, also known as the EPC/Turnkey Contract. FIDIC also publishes the White Book Consultant Model Services Agreement, which is a commonly used standard form for consultant services (Taggart, Koskela and Rooke 2012). NEC The NEC 3 Engineering and Construction Contract (NEC 3 ECC) implements a diverse advancement in the terminology, formation, and contracting the viewpoint to the customary forms, like the FIDIC forms. The NEC 3 adopts a mutual course focusing on the involvement of the party and contract administration. There is another standard form published by the NEC known as the NEC 3 Professional Services Contract. The form implements same collaborative contracting philosophy (Oluwole, Razak and Oluwole 2012). JCT The standard forms contract issued by the Joint Contracts Tribunal (JCT) is the common forms of the contract of building in the real estate of the UK for the construction projects. The standard forms of sub-contract and the collateral warranty also published by the JCT for the use of the construction projects in England. A broad variety of the construction contracts publishes by the JCT in England. The JCT prints standard forms based on the character of the construction projects, the contemplation of particular procurement route, and the calculation of payment for the work done and paid to the contractor (Holt 2013). The JCT standard forms of contracts consist of the typical forms specially made for: Traditional procurement The task for the design of the project and the construction are reserved different, where the employer selected team created the project and accordingly the separately appointed constructors construct the building. Design and build procurement The requirement of the employer is meet by the constructor who is responsible for both designing and constructing the building. Construction management The employer engages a professional team, which is accountable for work design and monitor the work management, some trade contractors with different work packages and manager of construction for administering and managing the trade contracts separately for the company. The consultancy agreements perhaps exercise by the consultants or developers. However, the model forms of industry of the consultant agreement issued by several qualified bodies are often used by some projects. Specifically, the model forms of industry are regarded as consultant-friendly, and bespoke forms are utilised by the developers and preferred by funders (Feinman 2015). Conclusion The standard form contracts are uniform contracts, which contains huge terms and conditions printed and limits or eliminates the liability under the contract. By the standard forms, the large companies got the opportunities to abuse the weak point of the individual. The giant companies imposed the terms on individual look like private legislation can extend to exemption of liability under the contract. When the matter takes to the courts, it is found very difficult to rescue the weaker party. For this reason, certain rules made by the courts have for protection of the interest of the customer, passenger or the consumer to whom any exemption clause of the standard form contracts imposed. References Adriaanse, J. and Robinson, H., 2015. Procurement and Contract Strategy: Risks Allocation and Construction Cost.Design Economics for the Built Environment: Impact of Sustainability on Project Evaluation, p.121. AkbÃâà ±yÃâà ±klÃâà ±, R., Dikmen, S.. and Eaton, D., 2012. Insurance Issues and Design and Build Construction Contracts.e-Journal of New World Sciences Academy,7(1), p.1A0292. Alexander v. Railway Executive [1951] 2 KB 882) Brook, M., 2012.Estimating and tendering for construction work. Routledge. Cakmak, P.I. and Tas, E., 2014. EVALUATION OF THE CONDITIONS OF THE CONTRACT USED IN THE TURKISH CONSTRUCTION INDUSTRY.International Journal of Academic Research,6(2). Chappell, D., 2014.The JCT Standard Building Contract 2011. John Wiley Sons. Cheung, S.O., 2014. Contractual Use of Alternative Dispute Resolution. InConstruction Dispute Research(pp. 319-336). Springer International Publishing. Chong, H.Y. and Phuah, T.H., 2013. Incorporation of database approach into contractual issues: Methodology and practical guide for organizations.Automation in Construction,31, pp.149-157. condition Cooke, B. and Williams, P., 2013.Construction planning, programming and control. John Wiley Sons. Cooke, B. and Williams, P., 2013.Construction planning, programming and control. John Wiley Sons. Eadie, R., Millar, P., Perera, S., Heaney, G. and Barton, G., 2012. E-readiness of construction contract forms and e-tendering software.International Journal of Procurement Management,5(1), pp.1-26. Fawzy, S.A. and El-adaway, I.H., 2013. Time At Large within the Common Law Legal System: Application to Standard Forms of Contract.Journal of Legal Affairs and Dispute Resolution in Engineering and Construction,6(1), p.04513002. Feinman, J.M., 2015. Contract Law Present and Future: A Symposium to Honor Professor Charles L. Knapp on Fifty Years of Teaching Law: The Duty of Good Faith: A Perspective on Contemporary Contract Law.Hastings LJ,66, pp.937-1113. Henderson v. Stevenson[1875]L. R. 2 H. L. 470. Holt, G.D., 2013. Construction business failure: conceptual synthesis of causal agents.Construction Innovation,13(1), pp.50-76. Hughes, W., Champion, R. and Murdoch, J., 2015.Construction contracts: law and management. Routledge. Ilozor, B.D. and Kelly, D.J., 2012. Building information modeling and integrated project delivery in the commercial construction industry: A conceptual study.Journal of Engineering, Project, and Production Management,2(1), pp.23-36. Joyce, R. and Houghton, D., 2014. Briefing: Building information modelling and the law.Proceedings of the ICE-Management, Procurement and Law,167(3), pp.114-116. Lahdenper, P., 2012. Making sense of the multi-party contractual arrangements of project partnering, project alliancing and integrated project delivery.Construction Management and Economics,30(1), pp.57-79. Morris v. CW Martin Sons [1966] 1 QB 716 Mzyece, D., Ndekugri, I., Ankrah, N. and Hammond, F., 2012. Contractual provisions for health and safety: Standard form contracts in the UK construction industry. InCIB W099 International Conference: Modeling and Building Safety, Singapore, National University of Singapore. Ndekugri, I. and Rycroft, M., 2012.The JCT 05 Standard Building Contract. Routledge. Olley v Marlborough Court,[1949] 1 KB 532. Oluwole, A.A., Razak, A.R. and Oluwole, F.C., 2012. Comparative Study of Defect Liability Period Practice in Malaysia and Nigeria Building Industry.International Journal of Innovation, Management and Technology,3(6), p.808. Porwal, A. and Hewage, K.N., 2013. Building Information Modeling (BIM) partnering framework for public construction projects.Automation in Construction,31, pp.204-214. Sweet, J. and Schneier, M., 2012.Legal aspects of architecture, engineering and the construction process. Cengage Learning. Taggart, M., Koskela, L. and Rooke, J., 2012, September. Collaborative supply chain practices during severe economic downturn in the Republic of Ireland. In S.D. Smith ed.,,Proceedings 28th Annual ARCOM Conference, Edinburgh(pp. 3-5). White v. John Warwick Co Ltd [1953] 1 WLR 1285 WTE Co-generation and Visy Energy Pty Limited v RCR Energy Pty Limited Anor[2013] VSC 314. Yoke-Lian, L., Hassim, S., Muniandy, R. and Mee-Ling, T., 2012. The Assessment of Applications for Extension of Time Claims in Malaysian Construction Industry.International Journal of Engineering and Technology,4(4), p.446.
Tuesday, May 5, 2020
Marc Antony Speech Essay Example For Students
Marc Antony Speech Essay Outline1 Who is Marc Antony?2 The monologue of Marc Antony3 The analysis of speech Who is Marc Antony? The group of Roman tragedies of Shakespeare is very close in their problems. It also gives a picture of the collision of large historical forces, echoing the English modernity. In the tragedy Julius Caesar, complete freedom, Shakespeare, following Plutarch, debunks Julius Caesar, stressing even his physical flaws and portraying him as an ambitious tyrant, devoid of true greatness and charm. He contrasts Caesar Brutus, morally impeccable and disinterestedly striving for the freedom of Rome. Along with Brutus and Caesar, Mark Antony is another major figure in the play, Brutuss antagonist. Intelligent, courageous, eloquent, Mark Antony is a talented actor with oratorââ¬â¢s skills who knows how to deceive and carry along both his colleagues and the Roman people. The monologue of Marc Antony Monologue of Marcà Antony over the body of Caesar isà one of the best examples of oratory. This performance stands in the center of the classic tragedy of William Shakespeare Julius Caesar. In 44 BC in Rome people from Caesars entourage conspired and killed the Roman tyrant. The leader of the conspirators was Mark Brutus, whom Caesar considered his close associate.à General Marc Antony learned about the murder of a friend and arrived at the place of reprisal. He saw the body of Caesar and asked to speak at the funeral. Antony wanted to give the last honors to his friend, what he honestly told the conspirators. Brutus allowed Antony to give a gravestone speech, but he set three subtle conditions. First, Antony should immediately announce that he was speaking with the permission of the conspirators. Secondly, he could speak only after Brutus himself, who first told people about the motives for the murder. Thirdly, Antony was forbidden to speak ill of conspirators. On the day of the funeral, Mark Brutus was the first to speak before the people, who was considered a brilliant orator. He described the vices of Caesar and the reasons for the conspiracy. The crowd began to exult and praise the murderers, the people rejoiced in deliverance from the overbearing tyrant.à Mark Antony isà in a very unfavorable situation. He went to an angry and heated public, people were opposed to him and did not want to listen to the arguments in favor of Caesar. But Antony made such a fiery speech, after which the people cursed the conspirators and raised a rebellion against them. However, he did not violate any conditions of Brutus. The analysis of monologue ââ¬Å"Friends, brothers, Romans! I didnââ¬â¢t come to glorify Caesar, but to bury himâ⬠à filled up the golden fund of the rhetorical devices, he is being studied in public speaking courses all over the world. The speech of Antony was writtenà by William Shakespeare. Unfortunately, the original text has not survived, only the memoirs of contemporaries are left. The English writer himself was fluent in oratory as a child he studied the subject of the rhetorical devices. In the Renaissance, rhetoric occupied an important place in school education.à The creative association Culture of Speech has a course of oratory for children and adolescents we are convinced that it is possible and necessary to teach speech skills from a childs age. The analysis of speech The most magnificent example of Shakespeares rhetoric is Mark Antonys speech over the corpse of Julius Caesar. The situation in which Marc Antony utters a grave word is unfavorable to him. Just spoke to the people of Brutus. He explained what Caesar was killed: for the lust for power and for the attempt on the freedom of Rome. The people approved the conspirators. Marc Antony goes to the crowd alone. Both the government and the people are against it. As you know, he breaks the mood and skills of the crowd, gains her trust and incites everyone against Brutus and other conspirators, whom the people had supported several moments before. .u2ed9664c858f2091efffd2e58eca3afc , .u2ed9664c858f2091efffd2e58eca3afc .postImageUrl , .u2ed9664c858f2091efffd2e58eca3afc .centered-text-area { min-height: 80px; position: relative; } .u2ed9664c858f2091efffd2e58eca3afc , .u2ed9664c858f2091efffd2e58eca3afc:hover , .u2ed9664c858f2091efffd2e58eca3afc:visited , .u2ed9664c858f2091efffd2e58eca3afc:active { border:0!important; } .u2ed9664c858f2091efffd2e58eca3afc .clearfix:after { content: ""; display: table; clear: both; } .u2ed9664c858f2091efffd2e58eca3afc { display: block; transition: background-color 250ms; webkit-transition: background-color 250ms; width: 100%; opacity: 1; transition: opacity 250ms; webkit-transition: opacity 250ms; background-color: #95A5A6; } .u2ed9664c858f2091efffd2e58eca3afc:active , .u2ed9664c858f2091efffd2e58eca3afc:hover { opacity: 1; transition: opacity 250ms; webkit-transition: opacity 250ms; background-color: #2C3E50; } .u2ed9664c858f2091efffd2e58eca3afc .centered-text-area { width: 100%; position: relative ; } .u2ed9664c858f2091efffd2e58eca3afc .ctaText { border-bottom: 0 solid #fff; color: #2980B9; font-size: 16px; font-weight: bold; margin: 0; padding: 0; text-decoration: underline; } .u2ed9664c858f2091efffd2e58eca3afc .postTitle { color: #FFFFFF; font-size: 16px; font-weight: 600; margin: 0; padding: 0; width: 100%; } .u2ed9664c858f2091efffd2e58eca3afc .ctaButton { background-color: #7F8C8D!important; color: #2980B9; border: none; border-radius: 3px; box-shadow: none; font-size: 14px; font-weight: bold; line-height: 26px; moz-border-radius: 3px; text-align: center; text-decoration: none; text-shadow: none; width: 80px; min-height: 80px; background: url(https://artscolumbia.org/wp-content/plugins/intelly-related-posts/assets/images/simple-arrow.png)no-repeat; position: absolute; right: 0; top: 0; } .u2ed9664c858f2091efffd2e58eca3afc:hover .ctaButton { background-color: #34495E!important; } .u2ed9664c858f2091efffd2e58eca3afc .centered-text { display: table; height: 80px; padding-left : 18px; top: 0; } .u2ed9664c858f2091efffd2e58eca3afc .u2ed9664c858f2091efffd2e58eca3afc-content { display: table-cell; margin: 0; padding: 0; padding-right: 108px; position: relative; vertical-align: middle; width: 100%; } .u2ed9664c858f2091efffd2e58eca3afc:after { content: ""; display: block; clear: both; } READ: Broad History of Culinary Arts EssayAntony begins with the fact that he just came to honor the memory of a friend. Brutus introduced Caesar to the overlord. Marc Antony will repeat four times during the first speech that Brutus is an honorable man. In this case, every time he brings something undermining the reputation of Brutus. Antony needs to discredit the crowds favorite and inspire self-confidence. This is the ethos of this part of speech. Seeing that the soil is conquered, Antony begins the second round of speech. Roman citizens already sympathize with him, now we must decisively turn their mood against the murderers of Caesar. He draws the listeners such a contrasting situation: the death of Caesar, and Brutus and Cassius, these ââ¬Å"honorable people,â⬠are alive. Now everyone understands his irony in relation to the latter. But how to present the idea of insurrection to the citizens? After all, power is still in the hands of Anthonys enemies, and it is dangerous to openly call for rebellion. But it was not for nothing that Antony was a Roman and a contemporary of Cicero. He resorts to one of the methods of the rhetorical device to name an idea, but to express its negative attitude to it. At the same time, Antony identifies Caesar, himself and the Romans ââ¬â their interests are already common, and Brutus and Cassius are opposed to these interests. Ethos has reached a new stage. Anthony can now speak not as a person who opposes the general opinion, but, on the contrary, as a spokesman for him. Now it is time to prove that Caesar was a better friend of the people than Brutus and Cassius. Antony says that Caesar left a will, but supposedly itââ¬â¢s better not to know about the people: ââ¬Å"Why do you need to know how Caesar loved you?â⬠inadvertently let it slip: Caesar left all his fortune to the people. Having said this, Antony expresses a feigned regret that he said too much, because he does not want to harm the respectable people from whose daggers Caesar fell. And this is after all he did! It is important for Antony to show himself as a modest person, without dignity the crowd loves people not to rise, but to merge with it. In addition, Antony needs the Romans to believe that it was not he who accomplished their rebellion, but they themselves made such a decision. The people are in a rebellious spirit, ready to rush at the moment of the death of Caesar. But Antony wants nobodys arguments to act on the citizens anymore, he detains them for a moment: let them remember what they forgot, the testament of Caesar.
Monday, April 13, 2020
Technology, Privacy, and the Person
Table of Contents Introduction Internet Privacy Threats Counter Measures Conclusion Works Cited Introduction Advancement in information technology is one of the greatest achievements realized in human history. This has significantly shaped the manner in which people communicate and share information around the world. At a click of the mouse, it is possible to access and share information with friends, workmates, employees and the general public.Advertising We will write a custom essay sample on Technology, Privacy, and the Person specifically for you for only $16.05 $11/page Learn More Nevertheless the internet has redefined information technology and taken it to another level (Castells 45). Consequently, these developments have led to emergence of privacy and security issues especially in the 21st century with many people arguing that massive use of the internet puts users at risk of having their private information accessed and shared without their consent. It is more obvious than not that the use of internet is a threat to human privacy and has to be addressed to mitigate cyber-related crimes. This essay explores ways in which technology affects human privacy and how internet users and victims respond to these challenges. Internet Internet is a global network which allows connection of computers, computer programs and enormous information. This connectivity permits sharing and transmission of information regardless of ones destination on the global map. As a result, the internet is regarded as a resource center for a wide range of people (Castells 45). It has become a space where people deposit and share private information, becoming victims of identity theft and privacy related cases. It is however important to underline the fact that the internet is largely unregulated on an international scale thus internet laws have limited legislative authority over internet activities in other countries (Levmore and Nussbaum 22). Altho ugh the internet was initially used for communication in organizations, institutions and in business, it has found massive application among individuals around the world. Besides computers, internet usage has been facilitated by the emergence of internet-enabled mobile phones (Castells 45). People around the world are able to search the internet, post personal information and view other peopleââ¬â¢s profiles. Additionally, commencement of the 21st century has witnessed rise in use of social networks like Facebook, Twitter and MySpace among others. Most of these sites allow users to create personal accounts under which they store personal information. Even though the accounts are usually managed by individual users, the privacy of such information has always remained a major point of concern among internet experts.Advertising Looking for essay on it? Let's see if we can help you! Get your first paper with 15% OFF Learn More By posting personal information online, man y people become vulnerable to cyber terrorists. While many believe that their social network accounts are solely managed by themselves, it is possible to access private information including physical addresses and other contact information among others (Dixon and Gellman 1). This makes it possible to be stalked online and puts the private life of an individual at risk. Unless internet users are sensitive and have customized their settings not to allow strangers to view their profiles, social networks allow friends and other users to access their private data. Privacy Who doesnââ¬â¢t need privacy? In fact, privacy is so crucial that most legislation around the world recognize the need of having secure and private life. This equally applies to information technology and its ability to facilitate flow of information. Privacy allows internet users to have a personal space that is free from external interference (Kendrick 20). It encompasses a wider range of dimensions which define pe rsonal information that have the power to reveal the identity of individuals. They include but not limited to privacy of personal data, physical privacy, behavioral privacy and privacy of communications (Dixon and Gellman 1). It is the claim of every person to have total control of their personal information in order to limit public access. With current technological advancements, there is a lot of online data surveillance which threatens total privacy of online data. Threats Threats to private data are considered common especially when using the internet for communication. For example, data which is transmitted online is subject to a wide range of risks including delivery of information to the unintended person or organization, information being accessed by unintended person, change of content during transmission and denial of the recipient to have received such information (Kendrick 21). Another transmission threat is the existence of transaction trails which are able to record in ternet activities performed by individuals. These may include records of sent and received emails, visited sites and transactions performed using other internet gadgets and services. Exploitation of these trails can be used to reveal important private information which could be used against criminally (Dixon and Gellman 9). In addition, threats to personal identity are a major challenge to internet users as it is augmented by technological advancements (Finklea 1). Such threats revolve around available personal information revealing contact details. An example of this risk which is common in the United Sates is identity theft where people masquerade and use different identities to perform transactions and countless malpractices (Dixon and Gellman 10). Unsolicited communication is also common when using the internet to transmit information.Advertising We will write a custom essay sample on Technology, Privacy, and the Person specifically for you for only $16.05 $11/pag e Learn More Internet users are likely to receive bulky mails from unknown people when using the web for communication (Smith and Kutais 4). Common implication of such mails is that they waste the recipientââ¬â¢s time and may turn out to be offensive depending on the content. Correspondingly, emails sent across the internet identify the sender to the recipient without the formerââ¬â¢s knowledge. This causes personality threat that could be used against the sender. Counter Measures It is clear that the internet exposes users to enormous threats most of which are identity-related. The question we need to ask is how these threats could be avoided. Notably, security of personal information is essential and has to be emphasized at all levels including personal and corporate. Among the ways IT experts respond to personal data threats is through encryption of sensitive records. Encryption allows protection of information being transmitted using codes or passwords which can only be decrypted by the recipient (Kendrick 162). Besides coding of private information, web users are discouraged from posting personal information online, to avoid being preyed on by cyber terrorists (Smith and Kutais 4). In cases where such information is posted, it is important to customize access settings in order to limit public access to private information. The use of firewalls and authentic antivirus software is also one of the ways in which most people are responding to secure their privacy. Firewalls are able to detect web trails although they do not reveal specific information being trailed. Lastly, stringent legislation should be formulated and implemented to guard against cyber terrorism across the globe (Levmore and Nussbaum 22). Conclusion The Internet is undoubtedly the leading means of communication which has been realized through technological advancement in the world. Having hit the peak in the 21st century, the internet has become a basic communication too lkit for both private and individual usage. While these momentous achievements engulf the world of communication, internet privacy has emerged as a costly threat to all internet users. These threats revolve around personal information and all efforts have to be put in to protect the privacy of internet users. Works Cited Castells, Manuel. The rise of the network society. Hoboken, New Jersey: John Wiley and Sons, 2009. Print. Dixon, Pam and Gellman, Robert. Online Privacy: A Reference Handbook. Santa Barbara, California: ABC-CLIO, 2011. Print.Advertising Looking for essay on it? Let's see if we can help you! Get your first paper with 15% OFF Learn More Finklea, Kristin. Congressional Research Service. Identity Theft: Trends and Issues. Philadelphia: DIANE Publishing, 2009. Print. Kendrick, Rupert. Cyber Risks for Business Professionals. NYC: IT Governance Ltd, 2010. Print. Levmore, Saul and Nussbaum, Martha. The offensive Internet: privacy, speech, and reputation. Cambridge, Massachusetts: Harvard University Press, 2011. Print. Smith, Marcia S., and Kutais B. G.. Spam and internet privacy. Hauppauge, New York: Nova Publishers, 2007. Print. This essay on Technology, Privacy, and the Person was written and submitted by user Trystan U. to help you with your own studies. You are free to use it for research and reference purposes in order to write your own paper; however, you must cite it accordingly. You can donate your paper here.
Saturday, April 11, 2020
Sample Essay on Roommate Selection Process
Sample Essay on Roommate Selection ProcessIs it possible to create a sample essay on roommate selection process? It certainly is. As a matter of fact, creating a sample can prove to be much more successful for you in the long run than writing a long, drawn-out essay. Here are some tips for you to use.The first thing you need to do is draw up a list of possible roommate ideas that you have. Then you need to collect these lists into folders and then organize them in order to form a short essay about a particular roommate selection process. What happens is that you have a list of topics and you want to write about that topic.You may want to do this with a topic of some kind or another as well. For example, if you are writing about someone's roommate selection process you may be interested in writing about what it takes to get a roommate. So you may want to include in your research some experiences you have had in terms of getting a roommate. This will give you a reference point to work from as you are writing your essay.Now you need to get rid of the previous essay you wrote. Just take it all out. Find a way to get rid of it or at least to eliminate it so that you don't have it as a reference.Now you will be in a position to go back and start writing your essay. The key is to keep your head down and write quickly. This will help you narrow down the choices so that you don't have any new information.Once you have a couple of ideas, as you stated before, you should write a couple of sample essays on roommate selection process that is similar to what you have written about so far. You can write about what it is like to live with someone else and how it makes you feel about living in the same apartment as someone else.Doing this will give you a head start and will make it easier for you to write the final essay. Remember to write fast and put the finishing touches on your essay as soon as possible.
Wednesday, March 11, 2020
How to Avoid Freshman 15 in a Healthy Way
How to Avoid Freshman 15 in a Healthy Way Itââ¬â¢s known as the freshmen 15, 20, 25, or even 35. Young folks walk into college and gain weight because of the dramatic changes to their internal schedules, as well as diet and exercise regimen. In this article weââ¬â¢ll look at 10 ways to stay trim as a college newbie. Theyââ¬â¢ll help you minimize the excess weight gain that many experience. Staying in great shape throughout your freshmen year doesnââ¬â¢t have to be a hassle! 1. Youââ¬â¢re Probably Paying for the Gym ââ¬â Use It! For most colleges, a part of your tuition money goes to paying for things like fitness centers and the on-campus gym. As a student you should be able to go workout whenever you want, and you should. Instead of vegging in your dorm room you can go get in shape, stay fit and mingle with others who have the same mindset. 2. Stay Away from Handouts From welcome baskets and bags to free candy, soda and tons of movie nights with endless amount of butter dripping microwave popcorn. Stay away from the cheap and easy food that gets handed out to freshmen. Theyââ¬â¢re just trying to welcome new students, make them feel at home and show them quality attention. This stuff adds up, especially drinks that are something other than water. 3. Structure Be Mindful The main reason freshmen gain weight is because they have no idea how to structure their eating regimen. They tend to max out their on-campus dining cards way too soon. They tend to buy way too much ââ¬Å"dorm room goodies.â⬠The cafeteria food is always right there, or they eat way too much than they normally would because they face a buffet four time a day. Take some time to plan out your eating schedule to avoid weight loss and youââ¬â¢re sure to do far better than everyone who isnââ¬â¢t. 4. Healthy Snack Grazing Invest in tons of healthier snacks from the student store or your collegeââ¬â¢s version of eat street. These days it shouldnââ¬â¢t be hard to get some healthy options that are both nutritious and lower in the fattening department. Focus on 3 square meals a day with three low calories snacks mixed in so that youââ¬â¢re never starving and tempted to gorge. This student grocery list will help you organize a healthy diet plan. 5. Avoid Pizza Late Snack Food For two hours on most nights thereââ¬â¢s always somewhere on-campus to go get some. Avoid pizza and high energy foods later at night. If youââ¬â¢re trying to give yourself energy for studying, then choose some fresh fruit! Remember, what you donââ¬â¢t burn you gain and for some reason freshmen tend to do more snacking. The juniors and seniors have learned to steer clear. 6. Eat Your Breakfast! Do NOT skip breakfast. Youââ¬â¢re body needs to break the fast from the night before and the sooner you can get your metabolism moving the more calories youââ¬â¢ll burn throughout the day. Furthermore, eating a balanced breakfast means youââ¬â¢ll be more alert and aware during the earlier and later afternoon classes. 7. Get Involved in Sports If you avoided sports in high school, then nowââ¬â¢s the time. It doesnââ¬â¢t have to mean playing for any official school teams either. There are lots of sports activities coordinated through clubs, student groups and organizations throughout the year. Donââ¬â¢t forget about them! Theyââ¬â¢re a great way to stay fit and make lots of friends you wouldnââ¬â¢t otherwise met. 8. Alcohol Adds Up! Letââ¬â¢s be honest, a good amount of freshmen once set free from home, tend to drink too much. Or they drink just a little bit far too often and it all adds up quickly. One night of drinking can calorically undue all the hard work throughout the week. Remember, 3500 calories are equal to roughly one pound of body fat. Thatââ¬â¢s roughly 23 beers. How many beers to freshmen guzzle throughout their first year? How many pounds is that for you? Stay away from as much alcohol as possible freshmen year. Instead focus on making real friends, getting fabulous grades and making the most of your time. 9. Make Sure to Sleep Sleeping patterns are absolutely critical to just about everything when it comes to human physiology. From your memory and ability to study, to your ability to build muscle and stay lean. Shoot for at least a minimum of 6 quality hours a night, but 8 would be ideal. That can be hard, but just do the best you can. 10. Take Exercises Classes Every Quarter Every single quarter there are tons of different exercise-based classes. This could be actually workout classes, sports classes, nutrition etc. Theyââ¬â¢re great for extra and easy credits! If you can, fit one in each quarter during your freshmen year. Itââ¬â¢s going to lay a solid foundation for the rest of your undergraduate adventure. There are many other ways to stay fit. Do you know any of them?
Sunday, February 23, 2020
History of costume design Essay Example | Topics and Well Written Essays - 1750 words
History of costume design - Essay Example Born in Moscow in May of 1816, Princess Leonilla Ivanovna Bariatinskaya married Prince Ludwig Zu Sayn Wittgenstein on October 23, 1834 at Castle Marino and became Princess Sayne Wittgenstein Sayn. Their marriage existed between the year 1799 and 1866. Princess Leonilla was a remarkably attractive woman whose beauty garnered the attention of many artists, all of whom produced portraits of her. In 1843, Winterhalter was commissioned to paint Princess Leonillaââ¬â¢s portrait. At the time, she was married to Prince Ludwig Aldof Friedrich. . In 1833, she sat for Winterhalter for an oval portrait that featured her shadowed face, contrasting dark hair and opaline skin, and magnificent pearls. He also painted her again in 1849.2 It is the Portrait of Leonilla, Princess of Sayn-Wittgenstein-Sayn, however, that overshadows all other paintings. Winter halter employs an art style known as Romanticism in which he ââ¬Ëhumanizesââ¬â¢ his clients. By being more objective about the features of his subjectââ¬â¢s, he can bring out their unique and natural beauty. Franz Xaver Winter halter was famous for his glossy and daring portraits of German royalty. Born to a peasant stock in a small village in the Back Forest in Germany, the young Winterhalter developed an interest in art. At the age of 13 years, Winterhalter began training in art through an apprenticeship. It is here that Winterhalter first learned the practice of engraving. He then relocated to Munich to further study painting, living off of his lithography earnings. . Winterhalterââ¬â¢s art career was ignited in 1828 when the Grand Duchess of Baden commissioned him to do a portrait. This became the commencement of a chain of royal court paintings which spanned the globe from Italy to France to Russia.3 The young artistââ¬â¢s success sparked many onlookers to comment that his portraits appeared unusual and unconventional. Despite this hurdle, Winterhalter developed a favorable reputation for his skillfulness at combining
Friday, February 7, 2020
Please answer in short paragraphs Assignment Example | Topics and Well Written Essays - 250 words
Please answer in short paragraphs - Assignment Example Health indicators can simply be defined as quantifiable characteristics of a population that researchers use as evidence to support the description of the health of said population. What happens is the researcher will use survey methods to obtain information about certain people in the population. This will be followed by use of statistical methods to generalize information to the entire population and finally use of statistical analysis to create a statement about the health of said population. Life expectancy is an example of a common health indicator used by the government. Cleverly et al explains that one reason for the continued rise in the cost of healthcare is the rise in the cost of goods and services associated with healthcare. These include workers and equipment. Another reason faced by hospitals is the total percentage of Medicare and Medicaid admissions. This is because neither of the two programs fully reimburses the cost of care. In a bid to reduce some of these costs, the current financing options, especially those offered by the government should be revisited. Regulation should also be put in place to counter the rising cost of goods and services used in healthcare. Gaps in regulatory design have been seen. Some basic regulatory functions may fail to be assigned to a regulatory body while others may not be underwritten by law. Research in India showed that weakness in the design of regulatory methods in the above-mentioned ways is the reason why regulation has failed.
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