Thursday, July 2, 2020
Study On The Problem Of Money Laundering - Free Essay Example
Chapter 1: 1) Introduction: Money laundering is a global problem. Measuring its impact is tough, as it takes place behind everyoneà ¢Ã¢â ¬Ã¢â ¢s eyes and it apparently is a victimless crime. Yet the damage it does can be devastating to the financial sector and economyà ¢Ã¢â ¬Ã¢â ¢s à ¢Ã¢â ¬ÃÅ"realà ¢Ã¢â ¬Ã¢â ¢ and à ¢Ã¢â ¬ÃÅ"externalà ¢Ã¢â ¬Ã¢â ¢ sector, especially in case of a developing country. By contrast, effective anti-money-laundering policies can reinforce a range of good-governance policies. This in result helps the country to sustain economical growth particularly by making the financial sector stronger. 1.1) Background Because of the worldwide growing concerns over money laundering, G-7 summit established Financial Action Task Force (FATF) in Paris in1989. Its purpose was to generate an international response to this increasing problem. Since then this organisation has been playing a vital role in tackling money laundering. It works closely with other international bodies that develops and regulates Anti-Money Laundering (AML) policies world wide. FATF members have 29 countries and jurisdiction includes major financial centres in Asia, North and South America, Europe- as well as the European Commission and The Gulf Co-Operation Council. 1.1.1) Problem statement Today a countryà ¢Ã¢â ¬Ã¢â ¢s economy largely depends upon the advancement of technology. It made the job a lot easier, but it came with its own challenge. Which concerns the international financial community the most is the bad guys are also using the technology to give their à ¢Ã¢â ¬ÃÅ"proceeds of crimesà ¢Ã¢â ¬Ã¢â ¢ a legal look. In short the money made by various criminal activities in various parts of the world is injected into a nationà ¢Ã¢â ¬Ã¢â ¢s economy to camouflage it or give it a lawful appearance. This system is known as Money Laundering and this problem is growing to a serious proportion over time. IMF estimated that the aggregate size of laundered money worldwide is 2% to 5% of global GDP in 1998. Regardless who or how the à ¢Ã¢â ¬ÃÅ"dirtyà ¢Ã¢â ¬Ã¢â ¢ money is being used, the operational system or method is always the same. It is a dynamic three stage process. The stages are: Placement- A large volume of cash which was obtained thr ough illegal means is placed in to the financial system, can be used to buy high-price item or may be smuggled out of the country. The point here is to transform the cash into some other kind of asset to avoid detection. Layering- this stage takes place to hide the true origin of the unlawful money. Here in layering stage a complex set of transaction takes place to obscure the trail of that cold hard cash and its real ownership. At this point the advancement of technology helps them. One the methods are Electronic Fund Transfer (EFTs). Others include conversion of monetary instrument, investments in legitimate businesses, purchasing real estates. In most of the EFTs are used frequently. Because of the busy lifestyles and easy access, a lot of EFTs are processed everyday. Among all those when a Phoney EFT takes place between an offshore account and a shell company, It is pretty hard to spot a criminal transaction at first look. Integration- The final step of the process where t he illicit money comes back clean to its owner and then integrated to the economy as investment into a legal business. Once integrated, it hides the identity or origin even further. 1.1.2) Research significance There has been little research into the effects of money laundering on the economic growth, particularly in a developing country. Most of the researchers and their works were focused on measuring the amount and usage of money-laundering. Hence the majority of this vast subject has remained unstudied. Therefore the developing countries, which are the prime channels for international money-laundering, are suffering from the need for the guidelines to stop the erosion of the long-term economic growth caused by this problem. 1.1.3) Research question In a developing countryà ¢Ã¢â ¬Ã¢â ¢s economy the role of the financial institutes such as- banks, non-bank financial institutes (NBFI), equity market-are critical. They help to sustain the economic growth by concentrating the domestic savings, even the overseas funding. For all these gaining customer trust is vital. Money laundering erodes these institute and affects the customer trust as this is interrelated with other criminal activities that is performed by the workers in financial sector or government. Besides that, money laundering facilitates domestic corruption and crime which results depressed economic growth. It also diverts the resources to less productive activity. In the light of above discussion, proposed work is on following questions: What is money laundering? What are the negative effects of it on economic growth? How does it harm the developing countries? 1.2) Aims and objectives The purpose of this study is to analyse harmful effects of the money laundering on the economic growth of a developing country. Because of the weaker economy, lack of strong policies and comparatively easy regulations the developing countries become an open market for such activities. Therefore those countries have scope to improve their policies, regulations and laws. The objectives of the proposed study are to know: What sectors are mostly being affected? What is the extent of the damage? What can the developed economic community do? What kinds of policies or regulations are being implemented? What kinds of policies or regulations can be improved? As the time advanced, money laundering business has also evolved by keeping pace with the time. Technology has made it more undetectable. The businesses are booming and consequences are visible. But regulatory bodies are also taking necessary steps. They are tightening their borders, educating people, creating awarenes s. Still these are not enough for the countries affected. Most of the time, they donà ¢Ã¢â ¬Ã¢â ¢t have enough resources to divert to that sector. As a result they are bleeding internally. Therefore we can assume the following: Most of the economic damage done by money laundering through its developing country channel is at the expense of the developing economy. The weaker regulations and policies are the more liberty a money launderer gets. Therefore they need to strengthen themselves, with the help of others if necessary. The countries with the developed economy have sufficient resources, therefore options to fight this particular crime. But in case of the developing economies, if not handled in time, it can distort investment, encourage crime and corruption and increase the risk of macro-economic instability. Through this study some solutions may be found, or at least the gravity of the danger ahead. 1.3) Limitations The expansion of money laundering problem is vast. At the same time a greater portion of this crime is goes unreported, hence unnoticed. Authorities all over the world has been struggling to get a proper grasp of the whole problem. The developments that are being made are on the implementations of AML policies and legal sector. But there is a great lack of research on the effects and consequences of money laundering in the developing economies. Therefore there is not enough data available to come to any exact conclusion. Besides, this research is based on the secondary data. So evaluating the existing data was not possible. To be able to do so, a higher level of intervention, e.g. Government, international banking authority etc. is necessary as this research involves the national financial data. 1.4) Overview The first chapter of this research introduces the area or the topic to the audience. What is money laundering, how big or vast the problem is, how did it start and how it is done, what are the authorities doing about it and what are the limitations of this particular research has been described in this section. The second chapter includes an extensive and analytic review of the existing literature that is available to refer to about this subject.(incomplete**) Chapter 2 2) Literature review 2.1) introduction This part of the report contains a thorough and critical study of the books journals, articles and other materials that is available on money laundering. This review gives the audience an idea how much research has been done in this area. It also helps to get an idea of the worldà ¢Ã¢â ¬Ã¢â ¢s concept of money laundering. 2.2) Review A channel or medium is required to carry out money laundering activity. The preferred medium that a Money launderer chooses is the financial institution that is efficient and costs less while carrying out the transactions (Masciandaro, 1999).Such activities ruin the integrity of those financial institutions and affects their soundness or stability. As a result of their weak integrity, they loses the investors confidence and eventually direct foreign investments are reduced. This process in turn disturbs the long-term economic growth of the country. Barret (1997),Masciandaro and Portolano (2003), Paradise (1998) and Quirk (1997) argued in their studies that the economic and financial systems of a country are threatened by money laundering. Despite of money laundering being a global problem, there has been a little research in the area of the harmful effects on economy. Some notable exception will include Uche, C U (1999) and Masciandro, D (2000). Most of the works were done on th e legal framework or to develop effective AML policies over the years. Therefore quality data on the pervasiveness or any long term pattern of the affected economy is rather limited. The origins of money laundering can be traced as far back as 1930s in organized criminal activities (Bosworth-Davies and Saltmarsh, 1994). So it is clear that the concept is not a new one. Over the years it just grew over its proportion. Financial Action Task Force defined the problem as: à ¢Ã¢â ¬ÃÅ" . . . the processing of a large number of criminal acts to generate profit for individual or group that carries out the act with the intention to disguise their illegal origin in order to legitimize the ill gotten gains of crime. Any crime that generates significant profit-extortion, drug trafficking, arms smuggling and some kind of white collar crime may create a à ¢Ã¢â ¬Ã
âneedà ¢Ã¢â ¬? for money launderingà ¢Ã¢â ¬Ã¢â ¢ (FATF 1998). According to Mulig and Smith (2004), the term à ¢Ã¢â ¬Ã
âmoney launderingà ¢Ã¢â ¬? was originated by the organised crime families, who used to own legitimate laundry business to disguise or à ¢Ã¢â ¬ÃÅ"launderà ¢Ã¢â ¬Ã¢â ¢ very large amount of cash, which was in fact, earned through extortion, prostitution, gambling and drug business. United Nations office on Drugs and Crime (UNODC) explained that there are two reasons why the criminals, May it be the street crime or the corporate white collar embezzlement or maybe a corrupt public official, need to launder the money because, it leaves a paper trail as evidence of their crime. Secondly, the money itself is vulnerable to seizure so it needs to be protected. In other words it is an à ¢Ã¢â ¬ÃÅ"Unfinished productà ¢Ã¢â ¬Ã¢â ¢ to the criminal until it is cleaned. A bigger portion of literature on money laundering concentrates on the legal framework. That includes the legislation and regulations that can be traced back to the US à ¢Ã¢â ¬Ã
âwar on drugs à ¢Ã¢â ¬? in 1980à ¢Ã¢â ¬Ã¢â ¢s (Gill and Taylor, 2004). Since then it was a concern that was growing over time. In response to that, international agreements were being made to tackle such activities amongst which, the UN was the first international organisation to combat the crime globally. Subsequently, in 1989 G-7 established FATF. In the FATF annual report (FATF, 2006b) it was stated that, most of the illegal activities are linked with corrupt practices and lack of transparency. This subsequently arises to weaker governance which results poor and ineffective use of AML policies. Those are the places that become heaven for money launderers. Their activities erode the financial system from inside while taking advantage of the volatile economy. In large scale money laundering operation, cross-border factor is always included. Therefore an international approach was a crying need to handle this problem effectively. That was also a reason why the UN and the Bank for inter national Settlement took the initiative to address the problem in 1980. Following the FATF formation, the regional grouping such as- Council of Europe, European Union, Organisation of American States And many others designed AML policies required and effective for their member countries. Asia, Europe, the Caribbean and southern Africa have created regional AML task force-like organizations, and similar groupings for western Africa and Latin America are being planned too. As discussed previously, second stage of money laundering widely uses the technology as one of their means of à ¢Ã¢â ¬ÃÅ"layeringà ¢Ã¢â ¬Ã¢â ¢ the à ¢Ã¢â ¬ÃÅ"dirty moneyà ¢Ã¢â ¬Ã¢â ¢, the use of it is becoming rather popular to them. The advances in technology, especially in Information and Communication Technology (ICT) have benefited the whole world. Money launderers are also included in the group of beneficiaries. They take full advantage of these benefits. Modernisation in technology, par ticularly in ICT has brought various different ideas banks or other NBFIs to offer new products and services through new means of delivery. These new products and services and often contain fast transmission of digitized information, facilitating of fund movement and transcending distance within or across the national boundaries (Bradley and Steward,2002) and anonymity (Philippsohn,2001). According to Mishkin and Strahan (1999) and Berger (20003) speed, distance and anonymity are the key factors that are rapidly changing the financial system. However, Masciandro (1998, 99) and Philippson (2001) implied that those new benefits including e-banking and all sorts of e-money technologies have made money laundering activities even more robust. As a matter of fact, FATF (2001) on their typology report identified the online banking facility and internet as the major money laundering vehicle now days. According to Chief Financial Officer Report (2002) à ¢Ã¢â ¬Ã
âTechnology changes have influenced the operating strategies of many banks and Non-banks as they seek to compete in the increasingly fast-paced and globally Inter-dependent business environment.à ¢Ã¢â ¬? Chapter 3 3) Methodology 3.1) introduction: In this chapter all the data that has been collected will be shown. That data will be analyzed and interpreted in to results. As this is not a very comprehensive research, All the data has been collected from secondary sources. 3.2) Data collection
Monday, May 25, 2020
The Prevalence of Younger Students Lying to Health...
Communication is a functional, purposeful, and strategic aspect of human socialization. Individuals have the ability make conscious decisions to control their expressive language to manipulate the perceived interpretations of others (Burgoon, Callister, Hunsaker, 445). As people acquire language, they develop sensitivity to the Gricean maxims of conversation. The first of these maxims is ââ¬Å"Quantity Iâ⬠, or the failure to provide enough information. The second of these maxims is ââ¬Å"Quantity IIâ⬠, or the provision of too much or redundant information. The third of these maxims is ââ¬Å"Qualityâ⬠, or veracity (Siegal, Iozzi, and Surian, 2009). These three Gricean maxims of conversation alone encompass the prevalence of various forms of lying in the context of human communication. The significance of lying is that it can change various outcomes that negatively impact various circumstances. In the realm of health care, patients may lie to health professionals fo r a number of reasons including to acquire unnecessary or excessive medications, to avoid embarrassment or judgment, and to reduce expensive medical charges that may accumulate over time. ââ¬Å"No matter how well intentioned the doctor faced with a patient in need of help may be, it is he who has the advantage resulting from the knowledge he has (the truth) and his skills: a disproportion occurs between these two partiesâ⬠(Tanasiewicz, 2005, 16). Regardless of the motivation patients may have for lying, they may be jeopardizingShow MoreRelatedA Theory Of Careers And Vocational Choice Based Upon Personality Types1560 Words à |à 7 Pagesthe obtained code. Pairs of types next to each other on the Holland Hexagon are more psychologically alike then pairs father away. If the secondary code is composed of two types next to each other the code is consistent. 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This discrimination against the mentally ill we are taught leaks into our adult lives whichRead MoreHave You Ever Wondered What Mental Health Condition An1888 Words à |à 8 PagesHave you ever wondered what mental health condition an individual has in a movie? Or have you been able to pinpoint what exact mental illness the individuals has because you noti ced all the signs/symptoms right off the back? Well this is what I decided to talk to you about Today, focusing in on the movie ââ¬Å"We Need To Talk About Kevinâ⬠and I will share with you what Iââ¬â¢ve come up with. This essay will be exploring and analyzing 1) numerous facts about Antisocial personality disorder, 2) the symptomsRead MoreBreast Cancer Breast Self Examination2252 Words à |à 10 Pagesmakes it harder to examine.This technique for doing breast self-exam is different from previous references. These changes signifyawide review of the medical literature and input from an expert advisory group. 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Conduction of Internship/ DissertationRead MoreUcsb Human Sex Soc 152a Final Study Guide4110 Words à |à 17 Pagesconsidered a criminal offense b) ââ¬Å"pro-choiceâ⬠women should be allowed to make all abortion decisions for themselves c) Americans generally agree that a woman should have access to an abortion under certain circumstances [eg womanââ¬â¢s health, fetus likely to have congenial disorder, rape, etc, See page 306] 3) The Abortion Debate Focused on Specific Issues a) Because the majority of Americans tend to be more moderate in their views towards abortion much of the ââ¬Å"pro-choiceâ⬠Read MoreUnderstand and Responding Child Abuse4443 Words à |à 18 PagesUnderstanding and responding: for professionals working with children who have experienced sexual abuse Child sexual abuse Acknowledgments Published by Office for Children, Victorian Government Department of Human Services Melbourne, Victoria May 2009 à © Copyright State of Victoria, Department of Human Services, 2006 This publication is copyright. No part may be reproduced by any process except in accordance with the provisions of the Copyright Act 1968. This documentRead MoreCase Study on Hypokalemia8797 Words à |à 36 PagesErythematosus December 2010 Table of Contents Acknowledgementâ⬠¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦.. 3 Objectiveâ⬠¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦. 4 Scope and Limitations............................. 5 Introductionâ⬠¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦.. 6 Review of Related Literatureâ⬠¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦ 7-8 Case Analysisâ⬠¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦ 9 Health Historyâ⬠¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦.. 10 Family Genogramâ⬠¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦. 11 Anatomy and Physiologyâ⬠¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦. 12-13 Pathophysiologyâ⬠¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦ 14-17 Nursing Assessment Toolâ⬠¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦. 18-20 Nursing Care Plansâ⬠¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦ 21-23 Medical managementâ⬠¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦ 24-26 Laboratory Resultsâ⬠¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Read MoreCommunity Health Nursing Final Exam Study Guide Essay15874 Words à |à 64 Pagesï » ¿ NUR 420 Fall 2013 Final Exam Focus Areas -------------------------------------------------------------------------------------------------- 1. Health care for homeless, why is it so costly? They typically have to stay in the hospital for a longer amount of time because they have a lot more co-morbidities that need to be treated. Being brought to the ED is extremely expensive. Critical interventions are very costly, and so are all the diagnostic tests that must be done. They usually donââ¬â¢tRead MoreThesis, Term Paper, Essay, Research Paper21993 Words à |à 88 Pagesthe 1970s, and that young women tend to delay motherhood. South Africa has the lowest fertility rate in sub-Saharan Africa and is at par with other developing countries outside region (Anderson, 2002). In the 1998 South African Demographic and Health Survey (SADHS), it was found that the total fertility rate has declined to an average of 2.9 children per woman (Dickson, 2002). A decline in fertility rates has been associated with a high use of contraceptives among women and also the legalisation
Tuesday, May 19, 2020
Teaching the Teacher Using the Train the Trainer Model
Too often, the last thing any teacher wants after a day of teaching in the classroom is to attend professional development (PD). But, just like their students, teachers at every grade-level need ongoing education to keep up with educational trends, district initiatives, or curriculum changes. Therefore, the designers of teacher PD must consider how to engage and motivate teachers using a model that is meaningful and effective. One model that has demonstrated its effectiveness in PD is known as the Train the Trainer model. What Is the Train the Trainer Model? According to the Society for Research on Educational Effectiveness, Train the Trainer means: initially training a person or people who, in turn, train other people at their home agency. For example, in a Train the Trainer model, a school or district may determine that question and answer techniques need to be improved. The PD designers would select a teacher,à or group of teachers,à to receive extensive training in question and answering techniques. This teacher, or group of teachers, would, in turn, train their fellow teachers in effective use of question and answering techniques.à The Train the Trainer model is similar to peer-to-peer instruction, which is widely recognized as an effective strategy for all learners in all subject areas. Selecting teachers to act as trainers for other teachers has many advantages including reducing costs, increasing communication, and improving school culture. Advantages to Train the Trainer One major advantage to the Train the Trainer model is how it can assure fidelity to a particular program or strategy forà teaching. Each trainer disseminates prepared materials in exactly the same way. During the PD, the trainer in this model is similar to a clone and will stick to a script without making any changes. This makes the Train the Trainer model for PD ideal for large school districts who need continuity in training order to measure the effectiveness of a curriculum between schools. The use of the Train the Trainer model can also help districts to provide a consistent professional learning process for compliance with mandated local, state, or federal requirements. A trainer in this model may be expected to use the methods and materials provided in the training in their own classrooms and perhaps to model for fellow teachers. A trainer may also provide interdisciplinary or cross-curricular professional development for other content-area teachers.à The use of the Train the Trainer model in PD is cost effective. It is less costly to send one teacher or a small team of teachers out for expensive training so that they can return with the knowledge to teach many others. It can also more cost effective to use the trainers as experts who are provided time to revisit teacher classrooms to measure the effectiveness of the training or to model the training throughout the school year. The Train the Trainer model can shorten the timetable for new initiatives. Instead of the lengthy process of training of one teacher at a time, a team can be trained at once. Once the team is ready, the coordinated PD sessions can be offered for teachers simultaneously and initiatives put in place in a timely manner. Finally, teachers are more likely to seek advice from other teachers than from an outside specialist. Using teachers who are already familiar with the school culture and the school setting is an advantage, especially during presentations.à Most teachers know each other, personally or by reputation within a school or district. The development of teachers as trainers within a school or district can set up new pathways of communication or networking. Training teachers as experts can also increase leadership capacity in a school or district. Research on Train the Trainer There are several studies that illustrate the effectiveness on Train the Trainer method. One study (2011) focused on special education teachers who delivered such training that was a ââ¬Å"cost-effective and sustainable method for improving the access to and accuracy of teacher-implemented [training].â⬠Other studies have shown the effectiveness of the train the trainer model including: (2012) food safety initiative andà (2014) science literacy, as well as for social issues as seen in the Report on Bullying Prevention and Intervention Professional Development by the Massachusetts Department ofà Elementary and Secondary Education (2010). The practice of Train the Trainer has been used nationally for many years. Initiatives from the National Literacy and National Numeracy Centers have provided leadership and training for educational institutions and consultants, who ââ¬Å"train school heads, lead math teachers and expert literacy teachers, who in turn train other teachersââ¬â¹.â⬠One drawback to the Train the Trainer model is that the PD is usually scripted in order to serve a specific purpose or to address a specific need. In larger districts, however, the needs of a school, classroom or teacher may differ and the PD delivered according to a script may not be as relevant. The Train the Trainer model is not flexible and may not include opportunities for differentiation unless the trainers are provided materials that can be tailored for a school or classroom. Choosing the Trainer(s) The selection of a teacher is the most critical part in developing the train the trainer model. The teacher selected as a trainer must be well-respected and able to lead teacher discussions as well as listen to his or her peers. The teacher selected should be prepared to help teachers to link the training to instruction and to demonstrate how to measure success. The teacher selected must be able to share results (data) on student growth that is based on training. Most important, the teacher selected must be reflective, be able to accept teacher feedback, and above all, maintain a positive attitude.à Designing Professional Development Before implementing the Train the Trainer model, the designers of professional development in any school district should consider the four principles that American educator Malcolm Knowles theorized about adult education or andragogy.à Andragogy refers to ââ¬Å"man ledâ⬠rather than pedagogy which uses ââ¬Å"pedâ⬠meaning ââ¬Å"childâ⬠at its root. Knowles proposed (1980) principles he believed were critical for adult learning. Designers of PD and trainers should have some familiarity with these principles as they prepare the trainers for their adult learners.à An explanation for application in education follows each principle: Adult learners have a need to be self-directing. This means instruction is effective when teachers have been involved in the planning and in the evaluation of their professional development. Train the trainer models are effective when they respond to teacher needs or requests.Readiness for learning increases when there is a specific need to know. This means that teachers learn best, like their students, when the professional development is central to their performance.à Lifeââ¬â¢s reservoir of experience is a primary learning resource; the life experiences of others add enrichment to the learning process. This means that what teachers experience, including their mistakes, is critical because teachers attach more meaning to experience rather than knowledge that they acquire passively.Adult learners have an inherent need for immediacy of application.à A teacherââ¬â¢s interest in learning is increased when professional development has immediate relevance and impact to teacherà ¢â¬â¢s job or personal life. Trainers should know that Knowles also suggested that adult learning is more successful when it is problem-centered rather than content-oriented.à Final Thoughts Just as the teacher does in the classroom, the trainerââ¬â¢s role during PDà is to create and maintain a supportive climate so that the instruction designed for teachers can take place. Some good practices for the trainer include: Be respectful of fellow teachers.Show enthusiasm about the training topic.Be clear and direct in order to avoid miscommunication.Ask questions in order to receive feedback.Use ââ¬Å"Wait Timeâ⬠to encourage questions and allow time to think about an answer or response. Teachers understand firsthand how mind-numbing an afternoon of PD could be, so using teachers in the Train the Trainer model has the benefit of addingà elements of camaraderie, appreciation, or empathy to professional development. Trainers will work hard to meet the challenge of keeping their peers engaged while teachers who are learning may be more motivated to listen to their peers rather than a consultant out of the district. Ultimately, using the Train the Trainer model may mean highly effective and lessà boring professional development simply because it is peer-led professional development.
Thursday, May 14, 2020
Central America Essay - 1378 Words
Central America Central America, just south of Mexico and North of Panama, consists of just six countries; Guatemala, Belize, El Salvador, Honduras, Nicaragua, and Costa Rica. Of those six, all share a distinct common history except for Belize. Belize for one is incredibly small, and while Spanish is the official language of other Central American countries, in Belize English is spoken. So throughout this paper as I carelessly say Central American I am not including Belize whose history and development was far different than the others. Although Central America is located close to the United States in relation to the Eastern Hemisphere, our ways of life are indescribably different. When we discuss Poverty in the United Statesâ⬠¦show more contentâ⬠¦The military is responsible for enforcement, which includes death squads, torture, and public execution. The big businesses who are able to extract an endless supply of minimum wage labor, amass great wealth but instead of reinvesting it locally, most invest overseas or in capital intensive labor whereby local jobs are eliminated. Taking all this into effect and the fact that social classes and living conditions of many Central Americans are deteriorating rapidly leads some to rebellion. Some have taken a path of Passive rebellion. This can be seen in literature and popular music which questions the government. Others exercise their right to vote (even if it doesnt really matter because the results are fraudulently attained). For example, the 1974, 1978, and 1982 presidential elections in Guatemala were all fraudulently manipulated by military regimes (Pg 109, Booth and Walker). Others take a more active stance. During times of increased repression by the government many coalitions and reform-aimed organizations were formed. Many were actively involved in large-scale marches, labor strikes, and transportation boycotts. A little more on the radical side are the Guerilla groups. Composed mostly of peasants fed up with the government who see no other way than violence. This guerilla groups have special ties to the community. Many times they visit villages explaining their cause hoping to recruit newShow MoreRelatedEl Salvador : A Country On The Pacific Coast Of Central America1333 Words à |à 6 PagesEl Salvador is a country on the Pacific coast of Central America, and borders Guatemala to the west and Honduras to the north and east (Geography). It is known for being the smallest Central American country and has an area equal to that of Massachusetts, it is also the only one with an Atlantic coastline (Geography). The majority of El Salvador s land is made up of a chain of volcanoes that expands throughout the Northern side of the country. The current government of El Salvador is a RepublicanRead MoreEl Salvador : A Country On The Pacific Coast Of Central America1333 Words à |à 6 Pages El Salvador is a country on the Pacific coast of Central America, and borders Guatemala to the west and Honduras to the north and east (Geography). It is known for being the smallest Central American country and has an area equal to that of Massachusetts, it is also the only one with an Atlantic coastline (Geography). The majority of El Salvador s land is made up of a chain of volcanoes that expands throughout the Northern side of the country. The current government of El Salvador is a RepublicanRead MoreThe Dominican Republic-Central America-United Stats Free Trade Agreement1218 Words à |à 5 PagesRepublic-Central America Free Trade Agreement (CAFTA-DR) continues to have on Guatemalaââ¬â¢s preexisting social issue of child labor. In addition to identifying the general aspects of CAFTA-DR, an examination of the economic and social status of Guatemala as well as its established child labor status will be provided. In conclusion, the Churchââ¬â¢s direct involvement with this social issue will be discussed. An Outline of CAFTA-DR Signed in August of 2004, the Dominican Republic-Central America-UnitedRead MoreCentral America Vs Southern America Sexual Child Abuse1298 Words à |à 6 PagesCentral America vs Northern America Sexual Child Abuse The sexual child abuse issue has become of significance within the United States as an alarming focus in the past 30 years. Sexual child abuse (SCA) is such an extensive topic and yet as time progresses this subject is more unrestricted for discussion, various dialogs are provided to make parents and care-takers aware of the signs of potential sexual child abuse. Seminars are provided to and for children to teach methods in identifyingRead MoreCentral America Free Trade Agreement1242 Words à |à 5 PagesCentral America Free Trade Agreement and Its Economic Impact Overview Negotiations started in early 2004 on the Central America Free Trade Agreement, later on in the negotiation process the Dominican Republic joined to make CAFTA-DR. The original countries that made up CAFTA were Costa Rica, El Salvador, Guatemala, Honduras, and Nicaragua with the Dominican Republic joining forces later on. CAFTA was coupled together with NAFTA and the Canada-Costa Rica Trade Agreement separating them from theRead MoreThe Country Of Nicaragua And The Center Of Central America1063 Words à |à 5 PagesThe country of Nicaragua, located in the center of Central America, is one the poorest nations in Latin America. Nicaraguaââ¬â¢s citizens are primarily mestizo who account for almost 70% of the population. With a population of nearly six million, 58.8% of Nicaraguans live in urban areas, with nearly 2% of citizens migrating from rural areas to the cities in search of jobs and better welfare. However, internal migration to rural areas also exist seasonally for agricul tural labor. Due to the current economicRead MoreBelize, only 8,867 sq. miles in size, is set on the northeast coast of Central America. The700 Words à |à 3 Pagesmiles in size, is set on the northeast coast of Central America. The Caribbean Sea lies to the east and from the air its turquoise waters are clear, permitting the colored coral formation of the nice coral reef to be simply discovered. Coral islands referred to as cayes, coated with stands of mangrove trees, dot the coast. Lying in aquamarine and jade-colored bays, these cayes shield the jungled lineation from the ravages of the ocean. North of Central American country lies the peninsula of MexicoRead MoreThe Influx Of Children From Central America1291 Words à |à 6 PagesThe influx of children to the United States from Central America and how the U.S. is handling it Between 1st October, 2013 and 31 July, 2014, the United States Customs and Border Protection reported that likely 63 thousand unaccompanied children, most of them coming from the Central America region, crossed into the United States through the southern border. The figure is a representation of double the total number of children who immigrated to the US in similar period on the previous years, 2012Read MoreHistory Of Central Banks Of America1546 Words à |à 7 Pages05/01/2015 History of Central banks in America Even though central banks can improve a nationââ¬â¢s economy and are beneficial to governments, the central banks of America had a very controversial history. Even before the establishment of the Federal Reserve, banks were used by the public just as we use them today. Bank notes were in use during this time and they were backed up by the guarantee that they can be traded for either gold or silver on demand. The history of central banking in America dates back toRead MoreComparisons of the Lifestyles of Paleoindians in North and Central America1833 Words à |à 7 PagesThrough ice-free corridors and water logged routes, Paleoindians travelled from Alaska to Siberia to enter the New World. Over their travels, they discovered new tools, hunting methods and traveling/living techniques. Paleoindians in both North and Central America typically lived in bands of up to 50 people. They were makers of fire and creators of diverse stone tool technology. They had the same physical features in both areas, including hair colour and texture, skin tone, blood types and dentition marks
Wednesday, May 6, 2020
Creation Myths in the Abrahamic Religions - 1850 Words
According to Charles Dickens, ââ¬Å"The whole difference between construction and creation is this: that a thing constructed can only be loved after it is constructed; but a thing created is loved before it existsâ⬠(qtd. in ââ¬Å"Charles Dickensâ⬠). Although the creation stories of Judaism, Christianity, and Islam have some differences, the fact that the three Abrahamic religions all arose in the same Middle Eastern area in succession may have had an effect on not only each religionââ¬â¢s beliefs that can be found in their creation myth, but also on their extreme similarities, especially on the ideas regarding the beginning of time. These three religions have greatly influenced each other because of these factors and continue to affect each other today. In regards to creation, all three of these religions believe that there was one God who made all things but believe in other differing aspects of their stories to explain the dawn of time. For example, while Jews and C hristians believe that God said ââ¬Å"Let there beâ⬠¦Ã¢â¬ (Smith et al., ââ¬Å"Jewish Creation Storyâ⬠)(Smith et al., ââ¬Å"Christian Creation Storyâ⬠), Muslims think that their God said only ââ¬Å"Beâ⬠(Smith et al., ââ¬Å"Muslim Creation Storyâ⬠). Judaism, Christianity, and Islam will forever be connected because of their shared area of emergence in sequence which resulted in their similar but yet still different beliefs. The creation myths of Judaism, Christianity, and Islam have basically the same ideas about the belief that all things were created by aShow MoreRelatedMyth Of Judaism, Christianity, And Islam1885 Words à |à 8 Pages Myth in Judaism, Christianity, and Islam. Evan Wunder World Religions Myth in the Abrahamic Religions Andrea Scardina The term ââ¬Å"mythâ⬠is often associated with stories that are considered to be false. In the context of religion, however, the term, ââ¬Å"mythâ⬠, describes any of the tales that are accepted by a given religion, and these stories are usually treated as historical fact by followers. The Abrahamic religions would likely agree that most of the myths in their sacred texts are indeed historicalRead MoreReligion Should Be Non Existent But Society1675 Words à |à 7 PagesReligion is one of the most controversial topics discussed amongst others. The debate on religion should be non-existent but society doesnââ¬â¢t allow us to have a difference of opinion. The most discussed topic is always how the religion came to be. The conversation usually includes whether or not the religion was formed by a higher power or myths that have been passed down for generations. Today, religion still remains to be a constant study of many and is continually being researched for a betterRea d MoreAn Analysis of Robert Wrights Evolution of God721 Words à |à 3 Pageshumanity has created the singular all-powerful God of the Abrahamic religions; namely Judaism, Islam, and Christianity. In his book, he tries to make the point that what people accept as some omnipotent and ephemeral God is really just the evolution of a series of prehistoric beliefs which are no more based in fact than any other religious deities. Robert Wright locates the creation of the Judeo-Christian God with the formulation of other myths and legends. One of the more interesting aspects of WrightsRead MoreWhat Does The Term Soul Mean?1581 Words à |à 7 Pagesbased on beliefs, and each religion has different beliefs. In the creation story God makes human beings out of the dust of the ground, into which God breathes the breath of life (Gen. 2:7). While Judaism, Christianity, and Islam have traditionally seen the soul as a substantive individual, enduring over time, Hindu and Buddhist literature have cast the individuality of the soul in more conditional terms (soul). When an individual dies, according to many world religions, the soul is judged or evaluatedRead MoreThe Problem, Solution, And Technique1112 Words à |à 5 Pagestechnique in Buddhism with those of another eastern religion of your choice. For Buddhism, the problem is suffering, the solution is nirvana, and the technique for achieving nirvana is the Noble Eightfold Path. For Hinduism, the problem is samsara, the solution is moksha, liberation from samsara. The various yogaââ¬â¢s are the techniques. 2. Is the presence of an ethical dimension a basic requirement for a system of thought to be considered a religion? Why or why not? Ethical dimension are the key elementsRead MoreComparisons of Creation Myths Essay2092 Words à |à 9 Pages Myths ââ¬â as they are known to most of the world ââ¬â give insight into the pasts of various countries and religions as the people saw them. They have been used to explain phenomenons in nature or describe the tales of courageous and important men and women throughout history. Creation myths in particular define how the Earth itself was created, along with the universe, heavens, hell, people, and creatures that exist today. Genesis of Christian mythology, for instance, tells the storyRead MoreThe Semitic People and their Religions1993 Words à |à 8 Pagesdescribes ââ¬Ëthe people who came from the Middle East and their languages.ââ¬â¢ Brown (2003, online). The religions of these people include ââ¬â Judaism, Islam and Christianity. All three religions are sometimes referred to as ââ¬ËAbrahamic religionsââ¬â¢ because they trace their history to Abraham in the Hebrew bible. In the beginning, there was the Zoroastrianism religion. Zoroastrianism is one of the worlds oldest religions. ââ¬ËIt was founded by the Prophet Zoroaster (Zarathustra) in ancient Iran approximately 3500 yearsRead MoreReligion Essay1649 Words à |à 7 PagesReligion Essay 1. What are the functions of religion? 2. Is it possible to be religious and accept the teachings of modern science? Based upon my opinion and research I believe that it is not possible to be religious and at the same time, accept the teachings of modern science. As explained in the two questions below, the idea of a religion is to seek the answer to the meaning of life, and after death, live in an eternity with their God. Many religions outline the beginning of the world andRead MoreThe Theory Of Evolution Or Intelligent Design1677 Words à |à 7 Pagesmade it as far as the Supreme Court. In the 1987 court case Edwards v. Aguillard it was ruled that it is unconstitutional to teach Creationism in public schools because it violates First Amendment protections against the establishment of a state religion. The matter again reached the court in the 2004 case of Kitzmiller v. Dover, after a school board in Pennsylvania introduced the concept of Intelligent Design, a more modern form of Creationism, to the classroom.(Matzke) They taught the IntelligentRead MoreWhat Does The Word Man As A Synonym For Hu mans?1410 Words à |à 6 Pagesaround to contribute to men view women. According to Speth in A New Consciousness, approximately 85% of the worldââ¬â¢s people belong to some sort of a religion (214). For some of these people, their religion will encompass their entire worldview whereas for others it will only take up two hours of their week. At any rate, it cannot be denied that religion affects some part of how we view our place in the world. A major aspect of that is how people view themselves in comparison to nature. I believe that
texas vs johnson Essay - 687 Words
nbsp;nbsp;nbsp;nbsp;nbsp;Texas vs. Johnson A very controversial court case in American history was Texas vs. Johnson (1984). In 1984, a man named Gregory Lee Johnson followed a group of anti ââ¬â Reagan protesters to oppose the American exploitation of third world countries. This act of rebellion resulted in the burning of the American flag. Out of a total of approximately one hundred demonstrators who were involved in this ordeal, Johnson was solely charged with a crime. Johnson was arrested under Texas law, which made the burning of the United States or Texas flags crimes. Johnson was convicted and sentenced to one year in jail and fined two thousand dollars for his crime in restitution. Texas reasoned that the police were preventingâ⬠¦show more contentâ⬠¦This case then was put up to the national level and sent to the United States Supreme Court. There was great public attention because of media. Many groups involved themselves in either trying to support that Texas violated Johnsons first amendment right of fre edom of expression, or tried to get a new amendment passed to the constitution stopping the burning of the United Statesââ¬â¢ flag. The final decision by the Supreme Court on June 21, 1989 was by a 5 ââ¬â 4 vote, that the Texas court of criminal appeals violated Johnsons first amendment rights by prosecuting him under its law for burning a flag as a means of a peaceful political demonstration. The Supreme Court upheld this ruling, stating the flag burning was quot;expressive conductquot; because it was an attempt to quot;convey a particularized message.quot; This ruling invalidated flag protection laws in 48 states and the District of Columbia. The decision of the United States Supreme Court was an unconstitutional one in my opinion. Johnson burning the flag as a way of expression should still be considered to be a rebelliousShow MoreRelatedThe Flag Of The United States903 Words à |à 4 Pageslaws only lasted until 1989, becauseà in 1989, in the Texas v Johnson case,à the United States Supreme Court recognized that flag desecration as a form of symbolic political speech that is constitutionally protected by First Amendment and agreed that the ââ¬Å"government may not prohibit the expression of an idea simply because society finds the idea itself offensive or disagreeableâ⬠( ). In 1984, during the Republican National Convention in Dallas Texas, a group of protesters gathered to stage a politicalRead MoreThe Flag Resolution Act Of The United States1623 Words à |à 7 Pagescommit the ultimate sacrifice. Opposition for the proposed amendment included that the government would infringe on their given rights by the government in the preamble and the 1st amendment. With the support of the judicial review of the case Texas vs Johnson (1989) and other Supreme Court cases, the opposition makes a strong constitutional case against the rest of the branches of government. The Opposition of the amendment would believe that the government would suppress the rights of of the restRead MoreA Landmark Supreme Court Case856 Words à |à 4 Pagesexample is Texas vs. Johnson. Outside of the 1984 Republican National Convention in Dallas, Texas, many people protested President Ronald Reaganââ¬â¢s policies. Among the protestors was one man named Gregory Lee Johnson. This man was so upset by the policies of the President that he burned an American flag in protest. By doing this, a statute in Texas was violated. This statute prevented the desecration of an American flag if it could possibly anger other people amongst the protest. Johnson was arrestedRead MoreThe Lottery Essay870 Words à |à 4 Pagesdid not let him, she made him work in the city while he would have worked otherwise in the woods. In ââ¬Å"Texas vs. Johnson,â⬠as a whole community and around the world, there was a passion for burning the American Flag. Some may believe that is something terrible to be passionate about but other could argue that and have a total different opinion. In ââ¬Å"The Lottery,â⬠ââ¬Å"Without Title,â⬠and ââ¬Å"Texas vs. Johnson,â⬠every s tory shows an example of their passions for their own belief. In ââ¬Å"The Lottery,â⬠everyoneRead MoreShould There Be A Constitutional Amendment Prohibiting Flag Burning?1637 Words à |à 7 Pagesburning attach a great deal of meaning to the flag as a national symbol and representation of American values. In his dissenting opinion for Texas v. Johnson, Chief Justice Rehnquist explains that many Americans regard the flag ââ¬Å"with an almost mystical reverence, regardless of what sort of social, political, or philosophical beliefs they may haveâ⬠(Texas v. Johnson). For them, burning the flag is an obscene and hateful gesture and they believe that people who do that should be legally punished forRead MoreThe Expansion Of Medicaid1205 Words à |à 5 Pagespaper covers the topic of Texas refusing to expand Medicaid. We will look at where the social welfare program came from, and also look at Obama and his affordable healthcare act in relation to how that is ties into the expansion of Medicaid and why Obama president felt that it was important. We will look at Governor Rick Perryââ¬â¢s along with Governor Greg Abbottââ¬â¢s viewpoints and why it is they that feel expanding Medicaid would not have been in the best interests of Texas. Finally we will take a lookRead MoreFaith-Based Rehab Programs in Prison Essay1183 Words à |à 5 Pagesperspective on life. According to Byron Johnson, there is, however, preliminary empirical evidence that regular participation in volunteer-led Bible studies is associated with reductions in recidivism (2012, p. 60). A second type of faith-based program is the Inner Change Freedom Initiative (IFI) which is a religious program structured around Gods law and respect for others. The mission of IFI is to encourage the spiritual and moral regeneration of prisoners (Johnson, 2012, p. 61). The IFI startedRead MoreWhat is Affirmitive Action?934 Words à |à 4 Pagespopulation. This has become a problem when it comes to applying for jobs, a university, and any other entity. The term was first used in the United States in the Executive Order 10925 and was signed by President Kennedy in the early 1960ââ¬â¢s. President Johnson signed the Executive Order 11246 in 1965 which required government employers to hire without regard to race, religion and origin. A few years later sex was added to the list. Such countries as India use a quota system which sets aside a certain percentageRead MoreAnalysis Of The Article Of Rutabagas And Redeemers Rethinking The Texas Constitution Of 18761409 Words à |à 6 P agesIn the years following the civil war, the Democratic Party within Texas was divided in many ways by a variety of issues. Though united against Republicans and their liberal Reconstruction policies, Texas Democrats in this period came from a variety of backgrounds and had unique motivations driving their political sentiments. In the article Of Rutabagas and Redeemers: Rethinking the Texas Constitution of 1876, Patrick Williams argues against the pervasive characterization of the key factions inRead MoreAffirmative Action And Its Effects On College Demographics Essay1389 Words à |à 6 Pagesfor all.â⬠Executive 10925 was eventually superseded by Executive Order 11246 in 1965. On September 24th of that year, President Johnson delivered Executive Order 11246, prohibiting employment discrimination ââ¬Å"based on race, color, religion, and national origin by those organizations receiving federal contracts and subcontracts.â⬠A few years later in 1967, President Johnson a mended Executive order 11246 to include sex on the list of affirmative action attributes. Decades passed without any further
Legislative Intervention in Law of Negligence MyAssignmenthelp.com
Question: Discuss about the Legislative Intervention in Law of Negligence. Answer: Introduction: The issue in the present case is if Kate and Brent Smyth have a cause of action against Rocky Tours in view of the fact that it has been clearly stated in the terms and conditions of Rocky Tours that the company cannot be held liable in any way regarding any death, personal loss or injury that may be suffered by the consumers at any time when they are on their tour. It has also been stated in the terms and conditions that the provisions of Australian consumer law will not be applicable to any tour that has been purchased through Rocky Tours. In this context, the law provides that the consumer guarantees provided by the Australian Consumer Law cannot be included, limited or restricted by the suppliers and manufacturers. And in the same way, they cannot avoid their obligations by making the consumers agreed that the law of another country will be applicable in case of the contract between the parties are regarding any dispute between them. Therefore the law provides that a supplier cannot tell the consumers that a particular consumer guarantee does not exist or it may be excluded or it may not have a particular effect. In the same way, it has been provided by the Australian Consumer Law that the consumers cannot surrender their rights even if they agree that the consumer guarantees will not be applicable in case of a particular contract (Deakin, Johnston and Markesinis, 2003). For example, in case of no refund signs, the law provides that the signs according to which it has been mentioned that no refunds will be made, are unlawful. Due to the reason that they imply that it will not be possible for the consumers under any circumstances to get a refund, even if there is a major problem present with the goods or services. Due to the same reason, the signs which mention that there shall be 'no refunds on sale items' or 'exchange or credit note only in case of return of sale items' are also unlawful (Kujinga, 2009).). A special provision is present in the Australian Consumer Law in section 64, and it deals with recreational service providers. This provision provides that, according to the Competition and Consumer Act, 2010 and some fair trading legislations of states and territories, the suppliers of recreational services are allowed to exclude, limit or restrict their liability when they do not fulfill the consumer guarantee. According to which they should provide these services with due care and skill and they should be fit for a particular purpose and should be provided within a reasonable time. The suppliers can restrict their liability in case of death or personal injury which includes illness, both mental and physical but not in case of property loss (Tomasic, Bottomley and McQueen, 2002). Under these circumstances, it becomes important to note what is guaranteed by the consumer guarantees under the ACL. The effect of the consumer guarantees mentioned in the ACL is that a guarantee is automatically provided by the suppliers and manufacturers regarding certain goods and services sold by them to the consumers. These rights are present, irrespective of any warranty that has been given by the manufacturer or the supplier. For this purpose, a supplier includes traders, retailers and the service providers, who sell goods or services to a consumer in context of trade or commerce. Similarly, a manufacturer can be described as a person who makes or puts together goods or who has its name on the goods (Gardiner and McGlone, 1998). Therefore the term manufacturer also includes the importer, if there is no office of the maker in Australia. In view of the above-mentioned provisions, a guarantee is provided by a supplier and the manufacturers that the goods shall be of acceptable quality, matching description and the goods will also match samples or demonstration model. It is also guaranteed by a supplier that the goods purchased by the consumer will have a clear title, will be fit for a disclosed purpose and do not have undisclosed securities and the goods will come with the right of the consumer to undisturbed possession. While supplying services to a consumer, it is guaranteed by the supplier that the services will be provided to the consumers with due care and skill, the services will be fit for the specified purpose and (when no time limit has been described), the services will be provided within a reasonable time. Similarly, a manufacturer provides a guarantee to the consumers regarding the availability of repairs and spare parts and also guarantees that any express warranties related with the goods will be honored (McDonald, 2005). Generally, the consumer guarantees are applicable in case of goods and services that have been purchased after 1 January, 2011 by a consumer. It needs to be mentioned that the consumer guarantees are applicable to any type of goods or services with the value of $40,000, and also in case of the goods or services that cost more than $40,000, but that are generally used for personal or domestic purposes. Similarly, the law provides that in case of return on a trailer, the cost is irrelevant. The law further provides that in case the goods or services do not fulfill a guarantee, a right has been provided to the consumers against the suppliers and in certain cases, these are manufacturer, will be required to provide a remedy, and attempt to put right the deficiency or the fault or the failure to fulfill an obligation. When only a minor problem is present with the good or service, it is available to the supplier to choose between providing repair or to offer a replacement or refund to the consumer. On the other hand, when major failure is present with the goods or services, it is available to the consumer to reject the goods or services and either to ask for a refund or replacement or to seek compensation for any drop in value of such goods or services. The consumer protection agencies can also take action against the supplier or the manufacturer on behalf of the affected consumers if the supplier or the manufacturers had failed to fulfill the obligations that have been prescribed for them under the consumer guarantees. In the present case, the law provides that Brent has the right to remedy because the services provided by Rocky Tours did not meet and consumer guarantee, which requires that the services should have been provided with due care and skill. It needs to be mentioned that the consumer guarantees are applicable in case of major as well as minor problems. However, the type of remedy, and we should provide a remedy depends on the problem and the fact that which consumer guarantee has not been fulfilled. It needs to be noted that the recipients of gifts also have the same rights as enjoyed by a consumer who was purchase the goods directly. For example in the present case, Brent can claim compensation from Rocky Tours as the services were not provided with reasonable care and skill and the services were not fit for the particular purpose. In the present case, while booking the tour, Brent had clearly told Rocky Tours that he was concerned regarding the liberal part of the tour as his wife Kat e cannot swim. However, he was told by Rocky Tours that the river part of the tour will be a leisurely cruise on the river in Canada, and certainly it will be fit for Brent and Kate Smith, who were in their late 50s. Brent had booked the tour after getting this reassurance and paid $12,000 for the tour. However, on the ninth day of the tour,, which was the river cruise, the tour guides told them that they will have to get into rafts and travel down the rapids. When Brent told the tour guides that his wife cannot swim and they do not want to go into rafts, they were told that as they were in the wilderness and it was the only way to reach the river, they will have to get in the rafts. However, Brent and Kate's raft overturned, and as Kate could not swim, she drowned. On the other hand, Rocky Tours one to evade their liability in view of the terms and conditions that have been accepted by Brent on their website. According to the legal provisions mentioned above, it is clear that Rocky Tours cannot exclude their liabilities for death or personal loss or injury suffered by the consumers while they are on the holiday. Due to the reason that the statutory consumer guarantees that has been provided by the Australian consumer law cannot be excluded by a party to the contract. At the same time, even if Rocky Tours were providing a recreational service, but before entering into the contract, Brent had clearly told the company that his wife Kate does not know swimming before they were not willing for the river part of the tour. But the company had told them that it will be an eight hours cruise on the river and most suitable for them. But in reality they are made to go in the rafts. References Deakin, S., Johnston A and Markesinis B (2003) Markesinis and Deakin's Tort Law, Oxford University Press Gardiner D and McGlone, F., (1998) Outline of Torts (2nd ed,), Butterworths Kujinga, B. (2009). "Reasonable Care And Skill The Modern Scope Of The Auditor's Duty". GAA Accounting McDonald, B. (2005). "Legislative Intervention in the Law of Negligence: The Common Law, Statutory Interpretation and Tort Reform in Australia". Sydney Law Review. 27 Tomasic, R., Bottomley, S., McQueen, R., (2002) Audits and Auditors, Corporations Law in Australia, Federation Press
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