Validity of Electronic Contracts in the UK

Validity of Electronic Contracts in the UK REGULATIONS AND CASE ANALYSIS ON THE VALIDITY OF ELECTRONIC CONTRACTS IN UNITED KINGDOM[1] The validity of Electronic Contracts in United Kingdom Legal background of UK legislations on Electronic contracts In the late 1990s, the lack of a legal foundation for e-commerce has caused many European countries to separately enact electronic signature law.[2]Such a trend has raised a concern to the EU as a whole for the differences there might be.[3]In addressing the issue, the EU has come up with the Directive on a Community Framework for Electronic Signatures (EU E-Signatures Directive).[4]The Directive requires implementation by all member states by July 19, 2001.[5]The Directive mainly deals with, inter alia, the recognition of electronic signature, technological neutrality, and international harmonization.[6] As a result, the Electronic Communications Act 2000 (ECA) and the Electronic Signatures Regulations 2002 (ESR) are the implementation of the EU Directive. 2. Electronic Communications Act 2000 During the history of English contract law, it has addressed and reconciled the validity issue of signature on the basis of their forms. Several forms of signatures were given legal validity such as initials, marks, seals or printed name.[7] When it comes to electronic signatures, UK maintained their perspective as to relying on the function performed by the signature method in determining its legality; this approach is called the technology neutral approach.[8] The ECA heavily inherits of this technology neutral approach. The ECA focuses on three main issues: (i) the validity of electronic signatures, (ii) the validity of electronic records in transactions, and (iii) the legality of public key cryptography.[9] Section 8 and 9 of the ECA removes the barrier between electronic documents and their paper counterparts. As such, electronic records are given legal validity on a case-by-case basis. The act also authorizes the Secretary of State to enact secondary legislations.[10] 3. Electronic Signatures Regulations 2002 The ESR came into force on March 8, 2002.[11]The main focus of the ESR is to implement certain provision of the EU E-Signatures Directive, especially the one concerning Cryptography Service Providers, including liability and data protection.[12] The ESR and the EU E-Signatures Directive share the same definition for electronic signature. Under the ESR, a legal person can be a signatory. The two legislations also share the same two types of signature, which is basic and advanced signature. Since UK contract law does not distinguish the notion of handwritten signature, theres no need for the ESR to specifically recognize the validity of an electronic signature as an alternative for the handwritten ones. However, various [U.K.] legislative acts have generally recognized [sic] that an e-signature is a valid form of signature in the specific context concerned.[13] Data messages under UK legislations Definition of data messages under UK legislations Under English legislation, data messages was addressed under the name of electronic communication. Section 15 of the Electronic Communication Act 2000 defines electronic communication as follows: A communication transmitted (whether from one person to another, from one device to another or from a person to a device or vice versa)- By means of a telecommunication system (within the meaning of the Telecommunication Act 1984); or By other means but while in an electronic form This broad definition covers all kinds of communication transmitted through a device to a telecommunication network, including a telephone, fax, computer or laptop. Regarding electronic contracting, the EDI might be the oldest form of computer-based electronic contracting.[14] Origin of data messages under UK legislations In England and Wales, it is also difficult to determine when and where the electronic communications are sent from. English legislation requires some physical manifestation of the subject matter, or the parties intent. Its not much important to search for the time of place where the electronic communication generated, but several legal aspects relied on these two factors. Electronic communications, in their nature, are intangible to the outer world, unless stored of physically manifested by electronic equipment. Even if the electronic data is stored in the device, it can be easily deleted or modified without leaving any trace of the interference. This is a major issue of evidential value of electronic data, for example, as to the existence of a contract or a contractual term. Evidential validity of data messages under UK legislations Electronic evidence has been subjected to special legislation in England for many years. The admissibility of data message in England was governed by a lot of rules, much more than those of traditional paper evidence. Section 5 of the Civil Evidence Act 1968 provides that a computer-produced document shall be admissible as evidence, provided that the proponent can demonstrate its authenticity. The person who wishes to submit electronic evidence must establish that: The document was prepared during a period over which the computer regularly stored or processed information; Over the relevant period of time, information of this type was regularly supplied to the computer; The computer was operating properly; and The information contained in the statement reproduces information supplied to the computer.[15] Without any of the above conditions, the electronic evidence would not be admissible. On the part of the proponent, not only he must prove the authenticity of the evidence, but also its reliability, often times by acquiring a certificate signed by a person responsible for the operation of the computer.[16] Time and place of data messages under UK legislations Time of data message under UK legislations In England and Wales, as well as many other countries, the courts face with a difficult issue of which rule between the dispatch rule and the receipt rule should be apply in certain cases. In fact, the solution for a previous case does not necessarily solve the problem in a new situation. Time of dispatch Some argued that the dispatch rule (originated from the postal rule) should be applied in those cases dealing with e-mail communication, but not to online transactions.[17] The reason for this is because they observed that e-mail communications share many feature with the old-time postal communication, for example, after the sender hit the sending button, he or she has very little control over what would happen to the message, or not at all. In other words, he did all he could in messaging the other party. Of course there might be some delay or problem as the two parties often do not communicate simultaneously. It was suggested that a modified postal rule should be used to deal with the formation of nowadays electronic communications. Time of receipt Should the court apply the receipt rule for contractual formation, the crucial issue would be the time of receipt of that piece of communication. In fact, one would find a lot of identifiable point along the communication process that would fit the receipt category.[18] The Electronic Commerce Directive of UK does not deal with the contractual acceptance but it does shed light on the time of receipt of a message. Article 11 of the Directive provides for the situation where an order was placed with a service provider and that service provider must acknowledge the receipt of that order. The order and acknowledgement of receipt are deemed to be received when the parties to whom they are addressed are able to access them.[19] The phrase able to access them was the subject of various debates. It is believed that the phrase was imported directly from regulation 11(2)(a) of the EC Directive and according to the Guidance for Business, when the message is capable of being accessed by the recipient it will be deemed received, which doesnt explain anything as to this interpretation.[20] For instance, if a data message is sent in the middle of the night, it must be deemed capable of being accessed, but is it reasonable to require a consumer to check a message in the middle of the night? In most of the case, after dispatching, no one would expect that message to be received at that time of the day. Place of data messages under UK legislations According to the general rule, the formation place of an electronic contract would the one where acceptance was communicated to the party making the offer. In specific situations, the place of acceptance was the place where the party making the offer received the acceptance. As a matter of facts, courts must look into details of the circumstance to decide which rule should be applied. Electronic signatures under UK legislations The ECA broadly defines electronic signature as so much of anything in electronic form that is incorporated into or otherwise logically associated with any electronic communication or electronic data and purports to be so incorporated or associated for the purpose of being used in establishing the authenticity of the communication or data, the integrity of the communication or data, or both.[21] From the above definition, an electronic signature can be broken into three elements, namely (i) so much of anything in electronic form, (ii) incorporation or logical association, and (iii) purports to be used by the individual creating it to sign.[22] The first requirement of an electronic contract is the electronic form. This is such a broad provision so as to make sure that new concepts that are yet to be invented would be covered by the definition. The second requirement of an electronic signature is the incorporation of logical association with an electronic communication or electronic data. The signature could be deemed incorporated or logically associated by the way it is created. For example, in the process of creating a digital signature, the software could take part of the plaintext and create a message authentication code, which allows a recipient to check whether the message has been altered. As a matter of fact, the authentication code is separated from the message but at the same time incorporated into it. Another instance is where a biometric measurement is attached to a message. In this case, the biometric measurement would only function when it is associated with the message. There are many other ways to produce an electronic signature but the same principle is applied to all of them, even though the function of the electronic signature may vary from case to case. The third element of an electronic signature is the intent of authenticity[23] by the signatory in creating the electronic signature. There are cases where the person who the signature purports to be was not the one who actually caused it to be affixed to the data. In those instances, the electronic signature failed the third requirement. In terms of the admissibility of electronic signatures required by the EU E-Signatures Directive, the definition of electronic signature in the ECA is said to be too broad.[24]Understandably, the ECA looks to make room for technological innovation; therefore the definition was intentionally left unspecific.[25]However, the ECA should ensure the analogous binding characteristic of an electronic contract as a handwritten one, i.e. section 7 (3) of the ECA should not allowed authenticity and integrity to be separated by going beyond the interpretation of advanced electronic signatures.[26]It is similar to having a signature on a piece of paper on an unsigned contract and telling that the contract is signed. Moreover, section 7(3) also allows separate the data and the communication, which raise an issue of the non-repudiation characteristic which requires the integrity of both the data and the communication. Analysis on some significant cases of Electronic Contracts in United Kingdom Case 1: Golden Ocean Group Limited v. Salgaocar Mining Industries PVT Ltd. and another [2012] EWCA Civ 265 This English case shed some light on the enforceability of a contract of guarantee where a series of documents have been duly authenticated by electronic signature of the guarantor. The facts of the case The plaintiff of this case, Golden Ocean Group Ltd (Golden Ocean), was a shipping company. The defendant was Salgaocar Mining Industries PVT Ltd (SMI). In early 2008, in reply to Golden Oceans offer to charter SMI a vessel, SMI nominated Trustworth Shipping Pte Ltd (Trustworth), a related company. The negotiations were conducted via email on the basis that Trustworth fully guaranteed by SMI. Golden Ocean later claimed that Trustworth had repudiated the charter and that it was guaranteed by SMI. The defendants argued that the email chain was insufficient to create a binding guarantee according to the Statute of Frauds. Legal issue The issue of this case was whether the email chain constituted a binding guarantee or not. Judgment of the court The court rendered a judgment for the plaintiff, agreeing that Golden Ocean had a well arguable case that the document was in writing and did not contradict the Statute of Frauds. As such, the court set forth the following reasons: First, the judge rejected the argument that the agreement between the parties was not in writing according to the Statute of Frauds. The phrase fully guaranteed by [SMI] can only be interpreted in the way that the charter party was guaranteed by SMI, instead of to be guaranteed as the case may be. Neither did the judge accept the idea that there should be some limitation to the number of documents to be permissible in the case of writing. The court emphasized that it was highly desirable that the law gives effect to the communications which are more than clearly than many negotiations between men of business, the sequence of offer, counter offer, and final acceptance by which, classically, the law determines whether a contract has been made. Regarding the signature issue, the court concluded that the contract was signed by way of the electronically printed signature of the person who sent them and it sufficed the test of a valid signature according to the Statute of Frauds. Case 2: Hall v Cognos Ltd Industrial Tribunal Case No.1803325/97 The facts of the case Hall was employed by Cognos as a sales executive. Under the employment contract, Halls expenditures incurred for travel, accommodation and other reasonable cost would be covered by Cognos, under the condition that it would not exceed 6 months. Hall failed to submit the claim within 6 months so he asked Sarah McGoun and Keith Schroeder, his line manager, whether these expired claimed was okay for him to get his recovery. The reply was Yes, it is OK. They communicated through a series of emails. Hall later submitted his request but Cognos refused to accept any payment. Legal issue The issue of this case was whether emails can suffice the writing test and be considered as signed once theyre printed out. Judgment of the court The court rejected the claim for Cognos that because the emails were not in writing and signed, they didnt have any effect. Instead, the judge concluded that emails were in writing and signed once they were printed out. [1] In the UK, there are three different legal territories: England and Wales, Scotland and Northern Ireland. For the purpose of this chapter, the UK law or English law represents the law in England and Wales. [2] Anthony Burke, EU and Irish Internet Law: An Overview, 13 INTL L. PRACTICUM, Autumn 2000, at 107, 113-15 [3] Mariam A. Parmentier, Electronic Signatures, 6 COLUM. J. EUR. L. 251, 252 (2000) [4] Directive 1999/93/EC of the European Parliament and of the Council of 13 December 1999 on a Community Framework for Electronic Signatures [1999] OJ L13/12, 19.1.2000. [5] Id., Art. 13 [6] Jacqueline Klosek, EU Telecom Ministers Approve Electronic Signatures Directive, 4 CYBERSPACE LAW. 12 (2000). [7] Mincoff, M., An Overview of Electronic and Digital Signature Legislation and Regulation in the United States: Silanis Technology, 1999 [8] Reed, C., What is a Signature?, Journal of Information, Law and Technology,2000 [9] Murray, J., Public Key Infrastructure Digital Signatures and Systematic Risk, Journal of Information, Law and Technology.2003 [10] Id. [11] Interdisciplinary Centre for Law Info. Tech., Katholieke Universiteit Leuven, Study for the European Commission: The Legal and Market Aspects of Electronic Signatures, 215-16 (2003). [12] Id. at 215 [13] Xxx Interdisciplinary Centre for Law Info. Tech., Katholieke Universiteit Leuven, Study for the European Commission: The Legal and Market Aspects of Electronic Signatures, 215-16 (2003) [14] The most mature form of electronic contracting is electronic data exchange (EDI), which permits trading partners to exchange commercial documents electronically. Baum, M.S. Perritt, H., Electronic Contracting, Publishing and EDI Law, Wiley Law Publications: New York, 1991, at 2 [15] Section 5(2) of the Civil Evidence Act [16] Ibid., Section 5(4) [17]See Murray, A.D., Entering Into Contracts Electronically: The Real W.W.W., in Edwards, L. Waelde, C. (eds) Law and the Internet: A Framework for Electronic Commerce 2nd ed. (Hart: Portland, Oregon, 2000) at 26 and Downing, S. Harrington, J., The Postal Rule in Electronic Commerce: A Reconsideration, (2000) 5 (2) Communications Law 43 [18] For example, the point at which an e-mail arrives at his service providers server or the point at which the e-mail is downloaded to the recipients computer [19] Article 11 of the Electronic Commerce Directive [20] Guidance for Business on the Regulations 5.29 (a) [21] Section 7 (2) of the ECA [22] See Stephen Mason, Electronic Signatures in Law, 4th edition, 2016, at 171 [23] Section 15 (2) of the ECA provides for 3 tests to determine the authenticity of a communication or data, which are: whether the communication or data comes from a particular person or other source; whether it is accurately timed and dated; whether it is intended to have legal effect. [24] Section 7 of the ECA [25] Section 7 (2) of the ECA [26] This may be to satisfy Article 5(2) of the Directive that requires that electronic signatures are not denied legal effectiveness and admissibility as evidence.

Charlie Chaplin Essays -- Charlie Chaplin Essay

Sir Charles Chaplin’s speech from the 1940 motion picture called The Great Dictator was extremely hard-hitting and inspirational. It did very well to get the message across. His speech was a cry for help on behalf of many civilians, demanding a much needed change in the world back in the 1940s. He briefly touched on the intensity of the problem and what it could become in the future if no action would be taken. In doing so, he maintained respect with the audience; rather than talking down to them, he put himself onto their level without being too familiar. Very boldly, Chaplin effectively expressed to the people that it is our responsibility as humans to make the world a better place because its fate is determined by our influence. Right off the bat, Chaplin conveys his humility. In his speech, he makes it clear that he was not trying to be a dictator, such as Hitler. Rather, he wanted to show that he was just like them, a plain man who desired change in the world. Through his speech, it is apparent that Chaplin is the mediator, but not in a high place. His first two words, quietly uttered, are, â€Å"I’m sorry,†¦Ã¢â‚¬ (The Great Dictator 1940). As opposed to a president trying to win an election, saying these two words at the very beginning of a speech immediately bring Chaplin to the people’s level, even though he is the speaker and the demander of peace. I found this very effective because it is refreshing for me to see humility in such a powerful speech. It does not show that he wants to be worshipped. These two words immediately give him respect because it shows remorse, and in turn, the people will be more open to his words. It comforted me to see that he was not arrogant. He later goes on to say, â€Å"I s... ...is powerful because it encourages the audience to really see the problem, and without action taken by each individual, the problem will remain. Chaplin’s strategies paired with his powerful passionate voice helped him to successfully win the hearts of many and get through to his targeted audience. Works Cited http://usatoday30.usatoday.com/news/top25-quotes.htm>. http://www.culturaldiversity.com.au/practice-guides/cultural-awareness http://www.forbes.com/sites/kevinkruse/2013/05/28/inspirational-quotes http://wallstcheatsheet.com/stocks/20-most-memorable-quotes-from-steve-jobs.html http://www.goodreads.com/quotes/tag/cultural-differences http://www.goodreads.com/author/quotes/12080.Ralph_Waldo_Emerson http://moonlightenedshelves.wordpress.com/2012/03/23/charlie-chaplin-and-the-great-dictator-the-speech-that-resounds-across-time/

Victims Rights: Why Do Laws Protect the Criminal More than the Victim?

The criminal laws of the United States are more intent on protecting the rights of criminals than penalizing them. Today’s inmates live better off than most American citizens who are often working two jobs just to meet paying their taxes. A criminal can literally get away with murder because of a technicality, police can barely interrogate suspects without the suspects’ lawyers stating some legal issues that prevent further investigations. It almost seems that the very people who do not respect the law are above it. A criminal is obviously an individual who commits a crime, but what is crime? A crime is any act or omission of an act in violation of a public law. Though most laws are common throughout America, some laws are also established by local and state governments as well. Criminal laws and penalties vary from state to state. Crimes include both felonies and misdemeanors. Felonies are serious crimes like murder or rape and are punishable by imprisonment for a year or more. The consequence for felonies such as murder and treason can be the death penalty. Misdemeanors are less serious crimes like petty theft or speeding and are punishable by less than a year in prison. Fines are also punishments of both misdemeanors and felonies. The fine’s amount is determined by the seriousness of the case. However, no act is a crime unless it has been stated as such by an American law or statute. Why do criminals have rights in the first place? The laws of the United States were created to protect the rights of all individuals, even the ones that break the laws. Many of these laws are made in order to uphold the rights established in the Bill of Rights. When the United States was still developing, many states refused ... ...t to aid their client. Lawyers are by no means evil. They are simply doing their job. Unfortunately, the majority of them do it very well. And so long as criminals break the law, there will be lawyers to fight for them and defend them. It is very interesting to see that even though when someone breaks the law in the United States, they will still be protected by that very law. Even as one violates the rights of others, the law will make sure that their rights are protected. It almost seems that has more rights by breaking the law instead of following it. Police are prevented from using extreme force against them and lawyers are at the ready to serve these criminals. Criminals have forfeited their rights when they have violated the rights of others. Why should the law be so intent on protecting their rights, when they have no intent on following the law?

Abilities vs. Disabilities :: Biology Essays Research Papers

Further Inside "The Center" - Abilities vs. Disabilities The Center for the Work in Barstow, CA, conceived and run by Byron Katie, was a place where people from all over the world could come and learn how to view life differently from before. Through the process of inquiry, also known as The Work, everyday folks could turn normally unpleasant experiences into opportunities, and painful ideas into insights. The result was a small culture, full of people who moved peacefully and joyously through their lives no matter what was going on around them. Tremendous flexibility to change with changing circumstances was a natural outcropping of this new way of thinking and viewing adversity. People well versed in The Work could quickly ascertain what their circumstances were, and move in accordance with the reality of their situation. As the situation changed, their movements would change with it. From the outside it appeared that there was little continuity in what these people were doing, for plans would change at a moment's notice. Katie would move faster than anyone I know. This process had the appearance of "Katie is not consistent." But in truth she was staying absolutely consistent, consistent with doing what was best at the given time with the changing circumstances. She "changed her mind" as fast as circumstances changed. She would make plans and share them with the staff. Then it was the staff's job to bring them to fruition. But as a situation changed, Katie's plan would change with it, and the staff's actions would change accordingly. An example that comes to mind, which illustrates this point, was when we had a mailing to get out. We had a list of hundreds of names of people interested in the Work, and Katie was to make an appearance somewhere. We were to send out the announcement of her date, time and location. We worked up the postcard style announcement, printed up hundreds of copies, printed out the address labels of recipients, and got the labels on the postcards and had nearly all of them stamped. This process took a few days with many volunteers helping out. When we were nearly all done with the project, word came down that her plans had changed. She was not going there after all. We had about five people working on the project when we got the news. We were to throw away those postcards and start on something similar reflecting her new plans.

Compare ‘The Soldier’ written by Rupert Brooke and ‘Anthem for Doomed Youth’ written by Wilfred Owen

Lately we have studied two poems that were written during the time of World War One. They were ‘The Soldier' written by Rupert Brooke and ‘Anthem for Doomed Youth' written by Wilfred Owen. Both of these poets were soldiers involved in fighting during World War One. ‘The Soldier' is an uplifting and optimistic poem looking at the positive side of dying for your country when going to war. I think the poet Rupert Brooke wrote the poem to send home to his family to reassure them if he died it would be peacefully and not in pain. In the first stanza Brooke is saying that if he dies while away in this foreign country, that he'll leave a part of England there. The following quotation is an example that he is English through-and-through: â€Å"A dust whom England bore, shaped, made aware, Gave, once, her flowers to love, her ways to roam.† He was born and brought up with a certain kind of English lifestyle and culture. He then goes on to describe the flowers and winding paths making us think of England as idyllic and peaceful. He uses personification in the first line of the quote. It compares England to a woman giving birth to a child and bringing it up. In the second stanza Brooke describes England as a country of no evil and that he will remember it forever, he'll always have happy memories from the past when he lived in England. Some of the best memories being times he's spent with the people he loved. The final line in stanza two is: â€Å"In hearts at peace, under an English heaven.† This conveys that England has shaped him into who he is and he is proud of it. ‘The Soldier' is a sonnet. A sonnet is a 14-line poem used to express personal feelings. His choice of words describe his personal feelings as well. These words all add reassurance to the poet's relatives that if he dies, it will be peaceful. Examples of the words used to describe the peacefulness are: â€Å"blest, dream, gentleness, peace and heaven†. One of the main features that the poet uses in this in this poem is repetition. The most widely used word that the poet uses repeatedly is ‘England' and ‘English' adding to the patriotism and significance that England has to him it isn't just a place it represents a culture and a set of values as well. The structure of the poem is that it has two verses and 14 lines in total. The rhyming scheme is- A B A B C D C D – E F G E F G Each letter represents a line, two lines with the same letter means that it rhymes. Brooke uses alliteration, the consonant that is being repeated is an ‘f', it is a soft sound yet again showing calmness and peacefulness: â€Å"That there's some corner of a foreign field That is forever England.† Other alliteration such as: â€Å"Her sights and sounds†, â€Å"Dream happy as day†, And, laughter, learnt of friends†. All these show how the poet feels about the possibility of his death. He is optimistic and knows he is prepared to die fighting for his country. The other poem ‘Anthem for Doomed Youth' written by Wilfred Owen is also a sonnet. ‘Doomed youth' mean all those young men to be sent to war and on the front are destined to die. In the poem the poet expresses his views on what should happen to these people when they die. They all should be given a funeral and a proper send off, even those on the battlefield. You can tell this because throughout the poem he mentions funerals and church services. The first stanza suggests the horror of death and how they compare these men to animals † For those who die as cattle.† There deaths have been brutal and violent. The first stanza demonstrate this, it is full of noise and violence to show the pandemonium of the battle compared to the funeral they would have had at home and how it differs: â€Å"No prayers, bells, nor any voice of mourning save the choirs† The second stanza is more peaceful and shows the grief of the relatives when they find out what's happened and in the second stanza it looks at the kind of send off they would have had if they had been at home. It uses words such as ‘candles', ‘hands of boys', ‘their pall', ‘holy glimmers of goodbyes' and ‘flowers' all things that are related to a church service. The final line of this poem depicts the morning of the soldier's relatives: â€Å"And each slow dusk a drawing-down of blinds.† When a death occurred during this period the families who had lost people they loved, closed the blinds to show their sadness and to keep the rest of the world out. In this case the consonant being repeated is ‘D'. D is a harsh sound stressing the relatives coping with losing a loved one. This poem is also a sonnet it shows personal feeling of what the poet though about not getting a proper send off. The rhyming scheme is- A B A B C D C D – E F F E G G The poem ends with a rhyming couplet that means the last two lines rhyme. In the first stanza the poet uses onomatopoeia to demonstrate the sound on the battlefield: â€Å"Only the stuttering rifles rapid rattle† It is also an example of alliteration. This poem is against war and the inappropriate way these men have lost their lives. The general mood of he poem is anger and sadness. Anger because the young men died unnecessarily without having much of a life and sadness because all these people are dying needlessly and others are mourning because of this. ‘The Soldier' and ‘Anthem for Doomed Youth' are both sonnets with two stanza and 14 lines but both poem are completely different in their take of the same situation.

Principles of supporting change in a business environment Essay

Unit four: Principles of supporting change in a business environment Assessment You should use this file to complete your Assessment. †¢ The first thing you need to do is save a copy of this document, either onto your computer or a disk †¢ Then work through your Assessment, remembering to save your work regularly †¢ When you’ve finished, print out a copy to keep for reference †¢ Then, go to www.vision2learn.com and send your completed Assessment to your tutor via your My Study area – make sure it is clearly marked with your name, the course title and the Unit and Assessment number. Please note that this Assessment document has 3 pages and is made up of 3 Sections. Name: MARIUS LUCIAN DAN Section 1 – Understand why change happens in a business environment 1. Explain why change happens in a business environment. You should include at least three reasons in your answer. In today business world the only things that is consistent is â€Å"change†. Change is natural and essential in a business. The change can came from inside or from outside the business. When external driving forces influence the business we have reactive changes and when internal forces affects the business we call them proactive changes. External driving forces are those kind of things, situation, events that occur outside of the company and are by and large beyond of the control of the business. Examples of external driving forces are: financial crises, changing government lows and regulations, political interference, competitions etc. Examples of internal driving forces which can create proactive changes are: upgrading the office software, introducing new technology, launching a new product on the market etc. The reasons for change can be: political (changes in government and government policy); economic (economic growth, interest rates, level of unemployment); social (changes such as ageing population, cultural issues such as attitudes to work, health, religion); technological; legal; environmental (effects of global warming, concerns over protecting the environment). Whatever are internal or external forces, one thing is certain: the change will occur. A business must adapt to all this changes, be flexible and willing to respond to them in appropriate way. Without change your internal/external customers will not stay satisfied with the service/s they receive; the company will not be able to meet its targets/objectives and consequently for some companies there will no longer be the need for the business to exist. Section 2 – Understand the purpose of supporting change in a business environment 1. Identify the main reasons for reviewing working methods, products and / or services in a business environment. The reason of reviewing working methods, products and services, is to ensure that the business will develop and to aid the organisation’s continuous improvement, which enhances the organisation’s competitive position, allowing it to adapt to change when needed. In a business environment nothing remains the same and therefore it is likely that there will be continual review of its working methods, products or services to ensure that they are still be suitable and efficient. A company will want to review its services and products, so that it keeps up to date with the expectations of its customers. This will ensure the company to be competitive and/or meet its targets/objectives. A change to a service or product offered by the company could mean that related procedures need to be reviewed to ensure they are still relevant. In most businesses there is a continual process of reviewing the working methods or services and making changes to improve them, followed by a review of this changes and then making further amendments as needed. 2. When a business is going through change: a) Describe the different types of support that people may need. Some people adapt to change very well and others don’t. Where as some people thrive on the challenge of something new, others may worry about it and can become very negative. If team members feel valued and well supported during a change, they are more likely to adapt quickly and be more open to accept what need to be done. Good communication can really help people accept a change more easily and quicker. The person implementing a change will hopefully give everyone plenty of info and also get everyone involved as a team to help make decisions Training and time are also important support measures that people will need to adapt during a change. Not everyone will be able to change over night. They may take time to learn how to complete something new and also need training to be able to do so. Other ways of supporting the team can be: mentoring, coaching, giving and receiving constructive feedback as well as advice on employment issues and pay and conditions. All this support can be provided through different methods, like one-to-one sessions, delegating work tasks, work shadowing, job sharing, team briefings and trade union meetings. b) Explain the benefits of working with others. Working with others really helps to keep a positive outlook to changes. Working together as a team will provide the support and collective knowledge which will help when change may become more challenging. As mentioned before, people often adapt to change better if there is a strong informal input. It is important to remember that to support and work with colleagues effectively you will need to keep a positive outlook. Moaning and continual criticism of what you are doing will not support others at all. Working with others can have a lot of benefits like: finding out what is happening and what is going to change, as well as sharing workloads, learning and experience. By encouraging others to develop their knowledge and skills, as well as maintaining a personal network of contacts, helps to motivate each other. Section 3 – Understand how to respond to change in a business environment 1. In relation to your current business environment (or one that you are familiar with): a) Explain why you should respond positively to changes in working methods. A positive response to changes in working methods is important, so as to support not only the company but also colleagues in adapting to this changes. In my current position working as a care officer, the use of a Diary Handover sheet was introduced, to improve better communication between staff, as well as better documentation of events/issues that occurred each day. Prior to this, staff passed noted to each other, which could easily get lost and did not document clearly each day’s occurrences for management to follow. This forced me and my colleagues to record occurrences in formal way. If I opposed the change, colleagues and management would not find relevant information from my shift and could create confusion and waste their time in investigating occurrences which not recorded. b) Explain why you should respond positively to changes in products or services. If I did not respond positively to new products or services, it could to lead to conflict with managers trying to improve the service or product and be perceived by customers in a negative light. It could also create delays and create confusion amongst colleagues, if the change did not move forward. c) Identify ways of responding positively to change. The first positive action you can take is to look at the way you view change. Think of the change as an opportunity to gain new skills, improve your working procedures and even achieve career progression. Also, have willingness to learn new skills and procedures and to teach others. Attend any training available with a positive attitude, the more knowledge you have the easier you will find doing something new. Support colleagues if they are struggling, this is a great opportunity to demonstrate different skills to your colleagues. Don’t get drawn into negative conversations, this will not make you or others feel good about the situation. Think of ways to move forward, seek support from a manager or colleague if you think you need it. Even now my company is at the risk of being closed down because the county council wants to save money and cut social services, I went today to a training about Translating and interpreting languages and cultures in working with people from different backgrounds. And that’s because must go on and I want to keep myself positive and constructive. Once you have completed all 3 Sections of this Assessment, go to www.vision2learn.com and send your work to your tutor for marking.

Margaret Atwood Essay

I came across the quote â€Å"Context is all; or is it ripeness? One or the other†[1] when reading Margaret Atwood’s novel â€Å"The Handmaid’s Tale† for English. I didn’t give it much attention, because since I was 12, I had come to the conclusion that there was no such thing as a â€Å"fact† and every thought depended on other factors for it to be true. However in this essay I’m going to see if my original assumption was true or if there is a way to reach a truth through different branches of knowledge. I’m going to take the definition of â€Å"truth† from the dictionary, solely to have a base for which to compare the rest of the essay to; â€Å"A verified or indisputable fact, proposition, principle†[2].Which means that that there are facts that are backed by evidence, such as; it is 14:24 (at the time of writing). However in this case we can apply Atwood’s ‘context is all’, and change it to â€Å"context is location†, as this scenario isn’t necessarily true, seeing that in Sydney the time is 22:25, therefore the truth can be considered relative. Relativism is a doctrine where there is no absolute truth; that truth is always relative to some particular frame of reference, such as a language or a culture[3]. Which brings up a paradox as if someone were to say â€Å"context is irrelevant† meaning the truth would remain a truth in every situation, it would contradict themselves, as that statement would be relative depending on the context. Francis Bacon’s Empiricism or otherwise known perception, is the process of arriving at the truth through sense experience.[4] People use their five senses to arrive at a truth, however depending on the context, the exact same senses can make that truth false. An example that happens to me frequently is; when I look at a shirt, to me it looks black, but then when I put it under a stronger light and look at it carefully it often turns out to be dark blue. It doesn’t mean the senses are â€Å"faulty† or can’t be trusted, but the observation; truth, arrived from the use of perception, isn’t congruent when the context is changed. Another very bizarre example that happened to me last year when I bought my new phone; is before purchasing it, I didn’t know of anybody that had one, but as soon as I had it in my pocket I started realising that a lot of people around me had it as well. Language is the use of characters, symbols, images and sounds as a means of communicating a message.[5] We assume that language is a truth, as we have a general consensus of the different characters, symbols, images and sounds in language. However once again the truth is challenged with the â€Å"context is all† axiom, where in certain cases the truth behind language doesn’t stand. My father told me the following example; when Vice-President Richard Nixon, at the end of the 1950’s was visiting Colombia, he used the commonly known â€Å"OK† hand sign, denoted with a circle formed by the thumb and the first finger, with the remaining three fingers outstretched, to which the Colombian people, thought they were being called assholes. Rene Descartes’ Rationalism is the use of reason, be it inductive or deductive to logically arrive at the truth.[6] Descartes used reason to arrive at his famous; ‘Cogito Ergo Sum’, I think therefore I am.[7] He was asking the question â€Å"How do I know I exist ?† and he deduced by no more than reason that it all boiled down to; I doubt that I exist, therefore I think, ergo I am.  When I first heard this deduction, it seemed to me that it was flawless. However I remember looking around the room I was in at the time; I realised that objects such as the chairs, tables and even trees to an extent, couldn’t deduce their existence like Descartes did, therefore according to his deduction they wouldn’t exist. Once again I came to the conclusion that context will undermine truth.