Providian Trust: Tradition and Technology Essay

Business Context/Key Business Drivers * Providian Trust was headquartered in New York. In 1994 it was the 10th largest provider of financial and fiduciary services through its network of 216 branches. * The company has 3 divisions, Pension and Institutional Trust Services, Personal Trust and Trust Operations * The company’s lending products—including residential and commercial mortgages and consumer and corporate loans. * The Company slowly slipped away from profitability and competition due to the lack of efficient business processes and information technology. * Michael LeBlanc the Senior VP of Trust, Investment and Treasury took the initiative to handle the project and address the problems faced by Providian Trust. Le Blanc was required to not just implement the new technology but also improving Providian Trust’s business processes by implementing Access Plus, a major software system developed by Select One. * With a budgeted cost of $18 million and lead-time of 20 months the board finally approved the project in April 1994. * The Key Drivers behind this new initiative was intense client demand on the part of PITS division. Low operational efficiency outdated reporting systems, lack of control and discipline in the trust division only made the case stronger. Initiative Objectives/Benefits * Increase Control and Discipline-  * PITS and Personal Trust Employees (front office) and Trust Operations Employees (back office) constantly blamed each other in case of any fault. The New centralized system is supposed to increase accountability, improve transparency and force discipline across divisions. * As mentioned in the case the clients had to wait for 2 to 3 months to get a statement. To decrease the cycle time and improve operational efficiency was a major objective. * Sometimes due to inaccurate or late statements Providian  had to waive or discount fees, which some times cost the company between $2 – $5 Million. * The total expected saving by implementing these changes was supposed to be inline with $9.2 million every year. Initiative challenges * Most of Providian trust officers had 20-30 years of experience in managing client relationships at a personal level and had never used or touched a personal computer. The old school employees were extremely reluctant and resistant to change. The implementation of these changes required employees to become more sales and service oriented instead just answering and responding to client phone calls. * Internal Auditor Peter Storey was a strong critique of the whole process. * Todd Benari, the vice president of Trust Operations, headed the project management team of 15 representatives formed Le Blanc. Le Blanc had no project management experience himself so he relied heavily on his very inexperienced project management. Results I believe even though the reasoning behind the project is very strong and praiseworthy, and my understanding of the case, I am skeptical about the possible success of the initiative. * Lack of proper leadership because of LeBlanc inexperience in project management and Le Blanc seems to be the only person driving the project. A major reason I observed was resistance of staff to changes. The Human Resources poor management and awful timing did not help the cause. The decision to reduce the full time staff by 25% or 180 employees further sent a wrong signal and the resistance to change was employee’s way of expressing concern and emotions. * Lack of proper time and quality management has created unexpected roadblocks and hurdles. The Simulations Work Environment (SWE) testing was originally planned to check the effectiveness of the new tool. The unrealistic initial deadlines, SWE testing never got introduced and LeBlanc was not feeling comfortable enough. His concerns were validated since the main users where mostly technologically handicapped. Due to lack of sufficient testing it is next to impossible to understand the potential problem that they may face in the future after implementation and also to know what kind of training is required by the employees to accept and adopt the change. LeBlanc Admits  to being bull headed and does not listen or take into considerations and ignored concerns of PITS and Personal Trust officers. Relevance and analysis Relevance – * I would like to summarize the points discussed and mentioned above- * Clear Channels of Communication, communicate the changes (via the CEO) to all employees, then identify and address the reasons for resistance. * Get employees involved in the reengineering process and participate in the process and explain the need to do so? * Have realistic and achievable timelines – Compile a detailed project plan. Divide the project into small milestones and set realistic deadlines against each milestone. Keep track of actual progress vs. planned progress on a regular basis. Implement strict internal and external audit process to ensure quality is not compromised for the sake of meeting deadlines. Learning’s- We face organizational changes in real-life. Some of these changes can be very drastic. We as managers may have an IT background or may not have an IT background. The success of the project does not always depend on our knowledge of the change, in our case the IT infrastructure update it depends on a managers project management skills. There ability to track and maintain time, cost, human resource management and communication skills. .

The Nature of Good Teaching

There continues to be ongoing debate about the qualities of a good physical education teacher. For a long time it was considered that keeping the students â€Å"busy, happy, good† was an end in itself. This emphasis affords little attention to what the students actually learn in physical education classes. Physical Education in our curriculum today has changed as has the way we live our lives, entertain ourselves and technology.Before we look at what is considered today to be qualities of good physical education teaching, we need to look at where the notion of ‘busy, happy, good’ has come from. Richard Tinning, David Kirk and John Evens outline the progression of what has been deemed to be quality physical education in Australian schools over the decades. Their study looks at the methods being used by physical education teachers and what actually happens in the lesson instead of characteristics displayed by teachers.The notion â€Å"busy, happy, good† was s uggested to be a measure of quality teaching by Judith Placek in 1983. (Placek, 1983). Prior to Placek’s research one of the most commonly used tools to research the effectiveness of a teacher was the Academic Learning Time (ALT). An adaption of this was used for the research of effective physical education teaching research ALT-PE (Tinning, Kirk &Evans p. 139). This method of research was focussed on monitoring a student’s engagement and successful completion of the task.The research conducted by Judith Placek found that â€Å"for most teachers and student teachers the dominant concerns in teaching physical education are to keep the children ‘busy, happy and good’† (Tinning, Kirk &Evans, 1993). â€Å"Success, in many cases, is not Sharon or Bob learning to jump shot correctly. Success is related to the immediate, observable happenings in the gym. Are the students participating (busy), enjoying themselves (happy), and doing what the teacher directs (good)? (Placek, 1983, p. 54)When this was written in 1993 one of the main concerns with young people was the amount of time spent watching TV as the main source of their entertainment. Tinning, Kirk and Evans point out that for children to engage in their education they wanted to be entertained or they would disengage. Since the rapid growth of technology our lifestyles have changed and become more demanding. The population of developing countries has become less active leading toward significant health issues that impact the whole community.The World Health Organisation released a Global Strategy on Diet, Physical Activity and Health in response to the concerns of the changing lifestyles of developed countries in the last 25 years. (WHO, 2012) â€Å"Because of these changes in dietary and lifestyle patterns, chronic NCDs —including obesity, diabetes mellitus, cardiovascular disease (CVD), hypertension and stroke, and some types of cancer — are becoming increasingly significant causes of disability and premature death in both developing and newly developed countries, placing additional burdens on already overtaxed national health budgets† (WHO 2012).In 2007-08, one quarter of Australian children (or around 600,000 children aged 5-17 years) were overweight or obese, up four percentage points from 1995. Studies have shown that once children become obese they are more likely to stay obese into adulthood and have an increased risk of developing diseases associated with obesity (Australian Bureau of Statistics, 2010). The issue today for physical education teachers is still one of engagement and the need for students to have fun however these alone do not fully satisfy the curriculum standards by which we operate.The Victorian Essential Learning Standards (VELS) Health and Physical Education guidelines states; â€Å"(schools) provides students with knowledge, skills and behaviours to enable them to achieve a degree of autonomy in developing and maintaining their physical, mental, social and emotional health† (VELS, 2012). A student can be fully engaged, having fun and behaving well while not being aware of learning anything. So if keeping students ‘busy, happy and good’ is not enough then what does make a good physical education teacher?The Alliance for a healthier generation suggests that PE focuses more on the acquisition of lifetime skills and knowledge and exposes students to a wide variety of physical activities that can be engaged in for a lifetime (Alliance for a healthier Generation 2012). The Victorian Essential Learning Standards states â€Å"It promotes the potential for lifelong participation in physical activity through the development of motor skills and movement competence, health-related physical fitness and sport education. (VELS 2012) It is obvious that as physical education teachers we have the opportunity to impact students for the rest of their lives either in a positive or a ne gative way. Unfortunately today there are children that have negative experiences in Physical Education. These experiences have the potential to negatively impact a student for the rest of their lives preventing them from enjoying regular participation in a local sporting and health community.VELS Health and Physical Education focuses on the importance of â€Å"lifelong participation in physical activity through the development of motor skills and movement competence, health-related physical fitness and sport education. † (VELS, 2012) What the curriculum has set out to do is provide a positive foundation where students can be immersed in a motivating culture, that is â€Å"a force that energises, sustains and directs behaviour toward a goal† (Egan, Kauchak, 2007, p. 298).Some of the problems facing today’s physical education classes are outlined by Kathryn Meldrum and Jacqui Peters that include â€Å"an overcrowded curriculum, teacher who don’t like phys ical education won’t teach it, PE is not an academic area, teachers don’t have enough confidence to teach it, the schools facilities and equipment are poor† (Meldrum & Peters, 2012, p. 12). The lack of motivation is clear and passed onto students resulting in poor participation, low motivation and a negative impact that can affect a rise in chronic health issues.The Melbourne Declaration on Educational Goals for Young Australians addresses the role played by schools to â€Å"promote the intellectual, physical, social, emotional, moral, spiritual and aesthetic development of young Australians† (Meldrum & Peters, 2012, p. 13). To address the issue of ‘busy, happy, good’ quality physical education programs need to be embraced by the whole school community. One of the aims of physical education is to enable students to develop positive attitudes towards physical activity and lifelong habits of participation.The initial physical activity experience s which the child has at school will impact significantly on attitudes and practices in later life. Hence we need to ensure that the experiences in physical activity at school are positive in order to achieve this aim. (NSW Government, 2012) The National Association for Sport and Physical Education (USA) have outlined four components that contribute to high-quality physical education programs they include; opportunity to learn, meaningful content, appropriate instruction and student and program assessment.These alone are not enough to address the issues facing today’s students. Colin Marsh in his fifth edition of ‘Becoming a Teacher’ partly describes a good teacher to have â€Å"humanity and warmth – to know at all times what students in class are doing and also to care about what they are doing. † (Marsh, 2010, p. 3) Good teachers need to be able to motivate students. Generally students who are motivated have more positive attitudes and are more sa tisfied, persist on difficult tasks, and process information in depth and excel in learning experiences (Egan, Kauchak 2007).There is no one solution to providing a quality physical education program in schools today. Clearly we cannot be satisfied with the notion of ‘busy, happy, good’. Physical education encompasses physical mental emotional needs of students while creating socially engaged citizens, leaders and community minded citizens. Physical education is providing a platform of skills and motivation to further a life of healthy lifestyle habits. Physical education classes are not fitness centres where students receive their weekly exercise program and are kept engaged for the time spent there.To facilitate these needs takes cooperation from all school staff working together to strengthen Physical Education programs in local schools. Skilled teachers that are connected into local communities guiding students to further pursue what they have engaged in at school. Physical education is the one subject that has the greatest and longest lasting impact in a student’s life so we need to deliver a quality program to every student. Reference ListAustralian Bureau of Statistics, 2010, ‘Health: Obesity’, retrieved 29th August 2012, http://www. abs. gov. au/ausstats/[email  protected] nsf/Lookup/by%20Subject/1370. 0~2010~Chapter~Obesity%20(4. 1. 6. 6. 3) Eagan, P, Kauchak, D 2007, Theories of Motivation In Educational Psychology: Windows on Classrooms, 7th Edition, Pearson Education Publication, Upper Saddle River, NJ Marsh, C 2010, Becoming a Teacher: Knowledge, Skills and Issues, 5th Edition, Pearson Publication, Frenchs Forest, NSWMeldrum, K, Peters, J 2012, Learning to teach health and physical education: The student, the teacher and the curriculum, Pearson Publication, Frenchs Forest, NSW National Association for Sport and Physical Education, 2012, ‘Key Points of Quality Physical Education’, retrieved 29th Augus t 2012, http://www. aahperd. org/naspe/publications/teachingTools/QualityPE. cfm NSW Department of Eduaction, 2012, ‘What is good physical education? ’, retrieved 29th August 2012, http://www. curriculumsupport. education. sw. gov. au/secondary/pdhpe/assets/pdf/pa_025. pdf Placek, J 1983, Conceptions of success in teaching: Busy, happy and good? Teachings in Physical Education, Human Kinetics Publishers, Champaign, Illinois Tinning, R, Kirk, D & Evans, J 1993, Learning to teach physical education, Prentice Hall Publication, Melbourne World Health Organisation, 2012, ‘Global Strategy on Diet, Physical Activity and Health’, retrieved 29th August 2012, http://www. who. int/dietphysicalactivity/publications/trs916/intro/en/

Types Of Financial Aid Grants, Loans, And Work Study...

Three types of financial aid are grants, loans, and work-study jobs. Grants are often called â€Å"gift aid† because they are free money—financial aid that doesn’t have to be repaid. Grants are often need-based, while scholarships are usually merit-based.Grants and scholarships can come from the federal government, your state government, your college or career school, or a private or nonprofit organization. Do your research, apply for any grants or scholarships you might be eligible for, and be sure to meet application deadlines! Occasionally you might have to pay back part or all of a grant if, for example, you withdraw from school before finishing an enrollment period such as a semester. Student loans can come from the federal government or from private sources such as a bank or financial institution. Loans made by the federal government, called federal student loans, usually offer borrowers lower interest rates and have more flexible repayment options than loa ns from banks or other private sources. The Federal Work-Study (FWS) Program is a need-based program that provides jobs for eligible students with financial need who are enrolled at least half time, allowing them to earn money to help pay education expenses. The program encourages community service work and employment related to their course of study. Different types of aid (private scholarships, state grants, etc.) have different rules, called eligibility criteria, to determine who gets the aid. Here are the eligibilityShow MoreRelatedFinancial Aid In Higher Education Aims To Make Tuition1616 Words   |  7 PagesFinancial aid in higher education aims to make tuition fees affordable. 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The Battle Over Argumentative Essay Topics on Animation and How to Win It

The Battle Over Argumentative Essay Topics on Animation and How to Win It Life, Death, and Argumentative Essay Topics on Animation By way of example, in college, you might be requested to compose a paper from the opposing standpoint. An argumentative essay is a writing piece intended to persuade a person to believe the way that you do. When you're picking your topic, remember that it's much simpler to write about something which you currently have interest ineven in case you don't know a good deal about it. Essentially anything that must be understood before reading the remainder of the essay is background info, and ought to be included in the introduction. The New Angle On Argumentative Essay Topics on Animation Just Released You need to have the strong personal opinion on this issue you intend to discuss in your argumentative essay. First, the topic is debatable. Quite frequently, the very best topic is one which you truly care about, but you also will need to get well pre pared to research it. Argumentative essay topics are so important since they are debatableand it's important to at all times be critically contemplating the world around us. Before concluding the essay, it is crucial to summarise with a strong emphasis on the subject. An argumentative essay requires you to choose a topic and have a position on it. A decent argumentative essay is going to be based on established or new research in place of only on your ideas and feelings. Persuasive or argumentative essays are supposed to convince the audience of a person's viewpoint about a specific topic. What is Really Happening with Argumentative Essay Topics on Animation Moreover, a verbal argument often focuses on who's right regarding a particular issue, though a well-written, researched argument essay focuses on what's the most suitable side of a specific matter. Any great task finishes with an amazing conclusion and the very best examples of the argumentative essay will arrive in with a conclusion with an overview of all of the points together with a gist of the evidences provided. In a nutshell, an argument essay has to be logical from starting to end. B esides, do not forget that the secret to a thriving argumentative essay is in finding suitable evidence to back up your opinion. Writing argumentative essay is an intricate undertaking, as it requires the presence of many skills at the exact same time. Assertiveness skills are identified, broken down into chunks, and are comparatively simple to learn. English language classes usually call for a lot of writing. Many students automatically consider films when they hear the term animation. Recent argumentative essay topics that are related to society is going to do. An argumentative essay is among the many academic essay types. Every argumentative essay ought to depend on a topic which can be debated. It is very important to note an argumentative essay and an expository essay could be similar, but they vary greatly in regard to the sum of pre-writing and research involved. The thesis gives you a guideline on how best to go about with writing the essay. By now you're probably keen to observe an exemplary argumentative essay outline template. Argumentative essay format is dependent on your professor's requirements, since there is not any common pattern for each essay. Then you need to endeavour to choose the right argumentative essay format. What You Should Do About Argumentative Essay Topics on Animation Beginning in the Next 10 Minutes It is very important to check reviews about essay writing services in order to be confident they can deliver your task before the deadline. You may continue to keep your argumentative essays for your upcoming job portfolio in case they're highly graded. Essay writing per se is no simple job to do. The finest argumentative essay writing service on the web is a business that supplies good quality and inexpensive help on argumentative essay and argumentative essay topics. Argumentative essays are rather typical in academic writing and are frequently a significant part writing in all disciplines. You can be certain that the UK Essays web site is guarded and risk-free. Students should pick a compelling topic to impress the audience and their teachers. The Importance of Argumentative Essay Topics on Animation In this kind of situation, it's more convenient to locate ready-made essays and use them as an example. No matter the quantity or variety of research involved, argumentative essays must set a very clear thesis and follow sound reasoning. An argumentative essay presents either side of a problem. It is a type of essay that presents arguments about both sides of an issue.

Essay about Michael Levins the Case for Torture (Review)

Michael Levin’s â€Å"The Case for Torture† argues that there are various reasons for allowing torture to exist in the United States of America. Levin would love to see society change its negative views on torture so that, under certain circumstances, torture would be permissible. The article starts off with a very brief description of how he believes society views the subject of torture as a negative thing. He leads on to oppose that way of thinking and provides three cases in which he believes torture must be administered with various reasons attempting to support his thoughts. The hypothetical cases Levin uses range from very extreme situations, to a situation where we may sometimes see on the news. Levin makes it clear to the audience that†¦show more content†¦Once again, what exactly is torture going to do in this situation if the bomb is in the air on the plane? How exactly is the bomb going to be defused? I feel that this situation could have made much better of an argument if he would have taken the time to clear up exactly how the bomb was going to get defused. Later in the paragraph Levin adds in, If you caught the terrorist, could you sleep nights knowing that millions died because you couldnt bring yourself to apply the electrodes?(201). It is clearly an emotionally loaded sentence. He purposely italicizes the word you because he wants you to sink into that thought and make you feel really bad about the situation. The third hypothetical case, which I consider weakest, is explained with results of an informal poll based on the situation. In the poll, four mothers are asked if they would approve the torturing of the kidnapper that kidnaps their child if that were necessary to get them back. All four mothers said they would approve of it. I feel this argument does not give a great example of what makes torture acceptable. It is more of an example to show what someone would do for their loved ones. Its weakness is clearly seen i n the number of participants in the poll that he is using and in the biased opinion they most likely already had. The best part of Levin’s reasoning is expressed when he speaks of why exactly he believes torture should be accepted and not viewed upon as something

Australia Competition and Consumer Law- Free-Samples for Students

Question: Discuss about the Australian Consumer law. Answer: The Australian Consumer law or the ACL is the statute that deals with the issue related to trade or commerce and governs fair consumer protection for all the businesses and individuals in the country. The statute requires every individual be it a businessperson that sells products or services to individuals or be it a consumer that purchases such products or services, to be aware of their rights and obligations under the ACL. With respect to the developers contracts in relation to the individuals who are not investors, the ACL may have a substantial impact upon the same. The statute prevents the seller, businesspersons or the developers to exhibit any form of deceptive or misleading conduct in relation to the buyers or the other parties to the contract and must not incorporate any clauses that amounts to unfair terms. According to the ACL, a consumer contract may be defined as a contract where a sale or an interest in land is granted to any individual either predominantly or wholly for personal household or domestic purpose. The intent of the purchaser of such land or the interest of land is essential to assess whether a sale contract or a contract for grant of interest is a consumer contract under the ACL. In case the land purchased is not purported to be used for domestic or personal purpose, the Australian Consumer Law shall not govern the contract. In the Supreme Court of West Australia in OPR WA Pty Ltd v Marron [2016][1], the court found that if a land is used for business purpose it shall not be considered as consumer contract under the Australian Consumer Law. A sale contract is a consumer contract under the ACL if it is held for domestic or personal consumer as stipulated under Schedule 2 of the Competition and Consumer Act 2010. The ACL imposes certain restrictions on the sellers and at the same time, provides consumer guarantee to the buyers regarding the manner in which they should perform business operation. The restrictions that are imposed upon the seller include prohibition of application of unfair terms and bait advertisements, use of deceptive or misleading conduct. The paper discusses about the impact of the Australian Consumer Law with respect to unfair contract terms and misrepresentation on the sale of land. Unfair Contract term The Trade Practices Amendment (Australian Consumer Law) Act (No. 1) 2010 (the ACL)[2] was enacted for regulating the unfair terms in standard form consumer contracts. The statute has significant impact on developers contracts with respect to individuals. The statute contains provisions for unfair terms according to which any unfair terms used in the standard form of contracts shall be considered as void and unenforceable. The Contracts for sale entered into between the developer as seller and the individual as buyer is deemed as standard form of contracts unless the parties establishes otherwise. The following terms is considered as unfair terms under the ACL: terms that causes significant imbalance in the rights and obligations of the parties; terms that would affect the purchaser, both financially or otherwise, if the purchaser relies on such terms; terms that are not necessary to safeguard the legitimate interests of the developer; Further, for the purpose of determining whether any particular term is essential for protecting the interests of the developer, it is important that the developer provides evidence about the market in which they operate. The developer is also required to provide evidence related to the fiscal factors that are imposed by the financiers. Adequate evidences are also required in terms of planning schemes and other regulations of the councils that are responsible in providing the developer with a level of flexibility. The statute requires the developers to make sure that the clauses incorporated in their contracts are such that it provides discretion to the extent necessary for delivering finished products to the consumers. The developers must further ensure that the contracts does not include anything or it does not provide any additional freedom that would amount to unfair contractual terms under the newly introduced statutory provisions of the Australian Consumer Law. The new statutory provisions incorporated with respect to prohibition of unfair contract terms to be used in contracts require the parties to a contract to make transparent contracts. The sale of land contract consumers are often required to sign standard contracts, hence, the provisions relating to unfair contract terms require the consumers to enter into contracts that contains clear clauses so that it becomes easier for them to address any risks associated with the contract. The provision shall prohibit the developers from incorporating any terms that would affect the legitimate interests of the consumers. Further, the provisions of the unfair terms shall become applicable on new standard form small business contracts that either have been entered in to by the parties or have been renewed by them since 12 November 2016. According to Schedule 1, section 2 of the Australian Competition and Consumer Act 2010 (Cth), the interest of land is defined to be equal to the legal estate of land[3]. It also includes right, shares of a company owning the land, a power, or privilege, held with respect to a land, including further, the occupancy right in the land or a building erected on it. Business contracts are not subject to the statutory provisions of the Australian Consumer Law. This is because the applicability of the provisions in relation to unfair terms is only confined to standard form of contracts. Nevertheless, section 27(1) of the Act stipulates that a standard form of contract must not establish the contrary[4]. It is on the seller to prove that the contract was subject to negotiation. For the courts to determine a standard form of contract, must have regards to the factors that are provided under section 27(2) of the ACL as all the contracts are considered as standard form of contract provided the seller establishes the contrary. In Director of Consumer Affairs Victoria v Craig Langley Pty Ltd Matrix Pilates and Yoga Pty Ltd (Civil Claims) the court held that if a contract has been negotiated by the parties it must not include any term that may constitute an unfair term and be detrimental to the purchaser relying on such term. The businesses must not incorporate any terms into the contract that violates the rights of a party excluding the restricted terms at the time of entering into a sale of land contract. The contract must not include terms that provide that only one party be entitled to rescind the contract, or any terms that imposes penalties only on one party; or any other clauses that allows unilateral variation of interest in land. It must not include any terms that prohibit either party from exercising his/her legal rights against another party to the contract. Again, in Director of Consumer Affairs Victoria v Craig Langley Pty Ltd Matrix Pilates and Yoga Pty Ltd (Civil Claims) the court rules that a contract, which has been subject to negotiation, cannot incorporate a term that shall be considered as an unfair terms. In ACCC v Bytecard Pty Ltd 2013, the court ruled in favor of the Australian Completion and Consumer Commission against the defendant company with respect to the sale of an interest in land. This is the first case where the relevant provisions relating to the newly incorporated unfair contract terms under the ACL were duly applied for the first time. It is essential for the developers to ensure that they have adequate knowledge regarding the rules that have been imposed on them provisions relating to unfair contract terms under the ACL to prevent incorporation of unfair terms in a contract. In case the court is of the opinion, that the term of a contract is unfair, the aggrieved parties must be entitled to terminate the contract on the ground of violation of the rights. However, if there is a scope that a contract can be enforceable even after the removal of the unfair terms from the contract, the court shall order to remove such unfair term and declare that the contract shall continue to have binding effect upon the parties. The kind of contracts that becomes applicable to the provisions of unfair terms in context of property are the contracts for the sale of land by the developers[5]. Such developers intend to use the property for residential purposes or use such property as their primary place of residence. In case of lease contracts, those leases that have been provided for domestic purpose or personal use are governed under the provisions of section 24 of the Australian Consumer Law. Any interest vested to an individual with respect to a land for domestic purpose such as easements are also governed under section 24 of the Act[6]. Therefore, any contract that is regarded as a standard form of contract, it shall become subject to the section 24 of the ACL that prohibits incorporation of unfair terms in a contract. If the terms of the contract purports to cause imbalance in the rights and duties of the parties and signifies detrimental effect in relation to the legitimate interests of the purchasers, such terms shall amount to unfair terms and must be excluded from the contract. Misrepresentation According to section 18 of the Australian Consumer law, no person engaged in trade or commerce is permitted to conduct in any manner that is deceptive or is misleading in nature or is likely to conduct in a deceptive or misleading conduct. In Williams v Pisano[2015]NSWCA 177, the issue before the NSW Court of Appeal was to determine whether a seller of a private home who admitted that he had committed misrepresentation regarding the quality of the house was liable for conducting misleading and deceptive conduct stipulated under statutory provisions of the Australian Consumer Law. The court had regards to the proportionate liability regime as provided by Part VIA of the statute while settling the issue[7]. In this case, the seller of the property was the owner of the building, which signifies that the owner shall be responsible for any defects that may arise out of the work carried out, by the owner in relation to the building. The seller and his wife were the owner of the plot for many years, which they decided to renovate. The wife supervised the refurbishing that was being conducted by the builder, which she hired along with some consultants but she did not supervise the architectural work conducted by the builder. When they gave an advertisement for selling the property and hired a real estate agent, the wife introduced herself as the project designer of the house. The sellers and agent convinced the purchaser that the renovation work was conducted effectively and sold the house. After the sale, then purchaser noticed significant defects as significant as, water penetration issue in the house that arose because of the short cuts used by the builder while renovating the house. The Court held that the defendants were liable for paying damages worth $1.2 million. The judge asserted that the wife infringed the warranties for which she was accountable being the owner of the building. The purchaser made a further claim under the provisions of ACL that the husband was not accountable for the warranties[8]. It was held by the judge that William made representation with respect to the claim, and the representation was made with respect to trade and commerce hence, a penalty of $1.7 million was imposed upon the husband. The court found that each of the vendors was entitled to joint liability. In Taco Co of Australia Inv v Taco Bell Pty Ltd (1982), the court was of the opinion that with respect to sale of land, the rules of misrepresentation shall be applicable to the vendors of land. This decision was followed by the judge against the appeal made by the husband on the ground that the representation made by the vendor was not within trade or commerce hence the ACL was not applicable under such circumstances. In Australian Equity Investors, an Arizona Ltd Partnership v Colliers International (NSW) Pty Ltd (No 4) [2011][9] the court ruled out that the provisions stipulated under Section 30 of the ACL had been infringed. The violation was caused in relation to valuation on the ground that it made misleading and false statement related to the price that was payable in relation to the land. In Given v Pryor (1979)[10], the court provided an explanation about misrepresentation and misleading conduct. In this case, the court found that representation is not merely confined to verbal statement but also extends to any form of written or oral statement, drawings, maps and words, plans, photographs and gestures and other conducts. Any person who remains silent about any a fact shall also be deemed as misrepresentation where silence can have a negative impact on the purchaser, in particular, under the mentioned circumstances. Further, in Latella v LJ Hooker Ltd(1985)[11] it was found by the court that it is not mandatory bring a legal action against any person who made a representation. In fact the plaintiff is entitled to bring a claim against the defendant, provided the plaintiff is able to establish that the misrepresentation made by the defendant had a detrimental effect upon him and as a result of which the plaintiff had suffered loss[12]. Furthermore, in Given v CV Holland (Holdings) Pty Ltd(1977)[13] the court held that a false representation may be defined as an act of providing information that is completely inconsistent with or contrary to the original facts[14]. Thus, where the wrongdoer makes a false representation, it is sufficient to establish that the defendant has provided wrong or false information; it does not matter whether the wrongdoer had intended to make such false representation, that is, the intention of the wrongdoer is not necessary to establish the claim of false representation. Therefore, even if a land seller believes that the information being provided by them is true, it would not discharge the seller of the land from the liability that he becomes subject to for providing false misrepresentation. The aggrieved persons are entitled to several remedies in case of contravention of section 18 of the ACL. The aggrieved either may claim damages under section 236 of the Act or may obtain an injunction order from court. In addition to these remedies, the aggrieved persons are entitled to several remedies in case of contravention of section 18 of the ACL. Thus, the businesses must be careful about the fact that while entering into contracts with the consumers the contracts do not entail any unfair terms and any misleading or deceptive conduct is prevented, ensuring fair trade practic Reference list ACCC v Bytecard Pty Ltd 2013 Australian Competition and Consumer Act 2010 (Cth) Australian Equity Investors, An Arizona Ltd Partnership v Colliers International (NSW) Pty Ltd (No 4) [2011] FCA 442 Director of Consumer Affairs Victoria v AAPT Ltd (Civil Claims) [2006] VCAT 1493 Director of Consumer Affairs Victoria v Craig Langley Pty Ltd Matrix Pilates and Yoga Pty Ltd (Civil Claims) Given v CV Holland (Holdings) Pty Ltd(1977) 29 FLR 212 Given v Pryor (1979)[1979] 39 FLR 437 Greenwood, Verity, and Larry Dwyer. "Consumer protection as essential to destination competitiveness."CAUTHE 2015: Rising Tides and Sea Changes: Adaptation and Innovation in Tourism and Hospitality(2015): 486. Knake, R. N. (2014). Legal Information, the Consumer Law Market, and the First Amendment. Latella v LJ Hooker Ltd(1985) 5 FCR 146 Latimer, Paul. "Protecting Consumers from Unfair Contract Terms: Australian Comparisons." (2016). Miller, RV 2013, Millers Australia Competition and Consumer Law Annotated, 35th ed, Thomson Reuters, Pyrmont, New South Wales. Nahan, N., and Eileen Webb. "Unfair contract terms in consumer contracts."Consumer Law and Policy in Australia and New Zealand. 2013. Supreme Court of West Australia in OPR WA Pty Ltd v Marron [2016] WASC 395 Taco Co of Australia Inv v Taco Bell Pty Ltd (1982)[1982] 2 TPR 48 Trade Practices Amendment (Australian Consumer Law) Bill (No.2) 2010 Williams v Pisano[2015]NSWCA 177 [2016] WASC 395. Trade Practices Amendment (Australian Consumer Law) Bill (No.2) 2010Australian Competition and Consumer Act 2010 (Cth). Australian Competition and Consumer Act 2010 (Cth) Knake, R. N. (2014). Legal Information, the Consumer Law Market, and the First Amendment. Australian Competition and Consumer Act 2010 (Cth). Australian Competition and Consumer Act 2010 (Cth). Greenwood, Verity, and Larry Dwyer. "Consumer protection as essential to destination competitiveness."CAUTHE 2015: Rising Tides and Sea Changes: Adaptation and Innovation in Tourism and Hospitality(2015): 486.[2011] FCA 442. [1979] 39 FLR 437. [1985] 5 FCR 146. [1985] 5 FCR 146. [1977] 29 FLR 212. [(1977] 29 FLR 212.

Media Influence On Sport Essays - Communication, Mass Media

Media Influence On Sport When communication is spread not just between two individuals but rather between tens of millions of people it is known as mass media. Mass media is known as the central nervous system of society. "Mass media has many different purposes, such as providing information, entertaining, persuading and also by carrying a vague general function of culture to millions of people."(Frederick 18). In order for mass media to exist, there must be an audience. Today's society is very selective; each receiver reacts differently through his or her own experience and orientation according to mass media. Therefore, mass media exists in many different forms such as magazines, television, newspapers, internet, motion pictures, and even plays. Some examples of these forms of mass media are cosmopolitan magazine for young modern women and TSN television network for sports fans. With such extreme varieties of mass media existing in today's societies there are three major constraints that seem to have an impressionable impact. These constraints can keep mass media very restricted. The major constraint of mass media is competition. Each form of mass media wants to be the one to target the audience, so therefore competition between mass media is very strong, because capturing the inside of the sports world is critical. Apart from the competition among the various forms of media there is also competition among each form of the media example Fox network competes with all television networks for a market share of the audience. Network companies such as Fox buy the contracts to show American football games for millions of dollars, which they in turn make their money back through companies wanting to advertize on their network during these football games. The audience Fox attracts by showing these games also provides an audience for companies wanting to advertise their products and provides potential customers for their products. This life cycle exists in all forms of media apart from just television, newspapers try to cover the best stories in all areas of life from tradegy to sports and entertainment. From a sociological stand point in today's society sex and violence attracts audiences. By examining the internet, which is the newest form of mass media internet companies that provide the most outrageous websites with sex and violence are the most watched websites. Media Companies compete with each other on those levels by looking at what attracts the most attention and trying to provide it. Although the audience are the ones who decide what information is important and this decides what groups of mass media get the most attention the influence of the media in today's world really guides them in helping them make that decision without their actual knowledge. If your story isn't important to the audience then your media is taking up space, so therefore you either have to produce what the audience wants or you will not be able to survive in the competitive world of mass media. In order to survive in society you must offer the general public information they are interested in. Money also puts constraints on what an individual gets to know. If a person can't afford to buy a television that is restricting them on the knowledge that they are able to consume. Also, companies run on budget plans, and if there is no money in the budget, they are unable to provide information to a society. For every story that is produced, or every television commercial aired that could have been many more, to follow. But with limited money in the budget plans, an audience's view also becomes very limited, because if the media doesn't have the money to produce the information that is information that a society loses out on. Time is also another constraint because is doesn't make a difference on the amount of media there is, there will only be twenty four hours in each day and not all a person's time can be devoted to the effects of mass media. With the consideration of all these constraints this may create many difficulties for mass media, these difficulties will have a reflection on society as well. In media these constraints are known as noise. "All media within each other create noise, but with all the conflicting views, within lies a pattern, that shows some element of truth." (Frederick 10). The purpose of this paper is to state how mass media influences sport. The point that is being made in this paper is to show how mass media influences society, and how it influences sports within a society. To show