Part 1 of the Consumer Protection Act 1987 introduced Essays

Part 1 of the Consumer Protection Act 1987 introduced Essays Part 1 of the Consumer Protection Act 1987 introduced Paper Part 1 of the Consumer Protection Act 1987 introduced Paper Introduction: In this essay, I shall get down with an scrutiny of the jurisprudence prior to 1stMarch 1988, when Part 1 of the Consumer Protection Act 1987 came into force in the Law of England and Wales, placing the grounds for the origin of the Act and the subsequent intents of this reform-legislation. I shall so discourse the content of the Act with peculiar focal point on its range ; i.e. who can action, who can be sued, and what sorts of amendss are recoverable under the statute law etc. Having made this appraisal, I shall so measure to what extent the 1987 Act has made a important impact on the jurisprudence refering to faulty merchandises, and the place of both consumers and makers in the UK, and hence to what extent I agree with the hypothesis offered that â€Å"the impact of the 1987 Act upon makers has been far less drastic than they ab initio feared.† I shall reason this essay by critically measuring Part 1 of the Consumer Protection Act 1987, and asseverating to what extent I believe the Act has been successful in accomplishing its purposes. The place prior to the Consumer Protection Act 1987: Prior to the origin of the Consumer Protection Act 1987, the jurisprudence refering to liability for faulty merchandises was grounded in common jurisprudence, with makers liability being established for the first clip in the UK by the instance of Donoghue v Stevenson [ 1 ] , and the Sale of Goods Act 1979, s13, 14 and 15 of which imply certain footings into Sale contracts refering to a seller’s duties to sell merchandises which are fit for their intent and of satisfactory quality, failure to make so ensuing in contractual liability and awards of amendss for any losingss suffered as a consequence of such breach [ 2 ] , including those originating from harm to belongings, and more significantly, amendss for any resulting personal hurt [ 3 ] . This rigorous contractual liability for faulty merchandises meant that, in instances where a Claimant wished to action a merchandiser [ 4 ] for losingss originating from faulty merchandises sold, the function of Tort jurisprudence remained instead excess, claimants merely trusting on such an avenue where the marketer in inquiry had later become bankrupt, where they wished to trust on the longer restriction periods stipulated for claims of this sort, or where the claimant was in fact non a party to the sale contract, and as such was non, by virtuousness of the rule of contractual privity, entitled to action under the Sale of Goods Act 1979. In contrast, where a Claimant wished to action a maker for losingss originating from faulty merchandises sold by an intermediary seller, the lone possible avenue available would be line of instance jurisprudence routing from the instance of D v S. Such liability was fault-based in signifier, instead than being rigorous, and as such was deemed to be out of line with the bing jurisprudence in this country. Such calls for reform are non surprising if one considers the fact that the UK was, at this clip, in the thick of a by and large consumer-driven economic market, concerned with consumer protection and the inequalities which had been identified as bing between the consumer and the corporation, and a society preoccupied with rectifying this instability. At least four major reform proposals were put frontward between 1976 and 1985 ; viz. , the Strasbourg Convention [ 5 ] , the Recommendations of the Scottish and English Law Commissions [ 6 ] , the study of the Pearson Commission [ 7 ] a nd the EEC Directive 85/374/EEC. Arguably, it was preponderantly the latter of these paperss, which compelled the legislative to take reform of makers merchandise liability earnestly, and two old ages subsequently, in 1987 [ 8 ] , the Consumer Protection Act was born, Part 1 of which purports to supply consumers with statutory rigorous liability protection from makers who make faulty merchandises for retail in the UK market place ; this provides such consumers with an alternate class of action from the fault-based liability established by the instance of Donoghue v Stevenson in the civil wrong of carelessness. Before we begin to see how successful this Act was in accomplishing its purposes and what impact this piece of statute law has had on consumers and makers likewise, allow us foremost analyze the commissariats of the Act in some item: Part 1 of the Consumer Protection Act 1987 ; presenting strict tortious liability for faulty merchandises in the United kingdom: There are several facets of the statute law which we must turn to in order to determine its range. These are as follows: 1 ] Who can be apt under the Act? 2 ] What merchandises are covered by the Act? 3 ] Who can action under the Act? 4 ] What kind of harm is protected against by the Act? 5 ] What defense mechanisms are available to a qualified suspect, if any? 6 ] Can liability be excluded so that this Act has no impact on manufacturers/ manufacturers? Let us turn to each of these inquiries in bend: 1 ] Who can be apt under the Act? Part 1 of the Consumer Protection Act 1987 is designed to enforce liability on the manufacturer/ assembly program of a merchandise, and non on the provider, after all, there is already rigorous liability for such retail merchants under the implied footings of the Sale of Goods Act 1979. S2 ( 2 ) of the Act lists three classs of maker who may be apt under Part 1 of the Act. The first of these is the manufacturer of the merchandise, and ‘producer’ is defined under s1 ( 2 ) of the Act as: â€Å" ( a ) the individual who manufactured it ; ( B ) in the instance of a substance which has non been manufactured but has been won or abstracted, the individual who won or abstracted it ; ( degree Celsius ) in the instance of a merchandise which has non been manufactured, won or abstracted but indispensable features of which are attributable to an industrial or other procedure holding been carried out ( for illustration in relation to agricultural green goods ) , the individual who carried out that process.† Whilst this class seems pretty self-explanatory, it should be noted that where a merchandise causes harm due to a defect in a component portion of that merchandise, both the manufacturer of that constituent, and besides the manufacturer of the merchandise incorporating that constituent will be to the full apt for such harm under this Act. The consumer can take which individual to action, or can action both parties, although, by virtuousness of the philosophy of contributory carelessness, the entire amendss awarded will non transcend the value which would hold been awarded had merely one party been sued for the faulty merchandise, i.e. each manufacturer will pay a part of the amendss, the proportions of the several parts to be determined by the tribunal in conformity with the Civil Liability ( Contributions ) Act 1978. The 2nd class of individual who can be found apt under s2 ( 2 ) of Part1 of the Consumer Protection Act 1987 is the â€Å"own brander [ 9 ] .† The Act defines such a individual as: â€Å"any individual who by seting his name on the merchandise or utilizing a trade grade or other separating grade in relation to the merchandise, has held himself out to be the manufacturer of that product.† It should be noted that this description is really similar to the diction contained in the EEC Directive 85/374/EEC [ 10 ] . The range of this class if suspect is non every bit broad as it may at first appear to be ; after all, for a provider to keep themselves out as the manufacturer of their points, the labelling must do the consumer really believe that it was the provider themselves who manufactured the merchandise and who would believe, for illustration, that the St Michael trade name of Marks A ; Spencer’s really produces the goods themselves, instead than undertaking a production company to make so on their behalf? Likewise, where a product-label provinces that the merchandise has been ‘manufactured for’ the company, or has been ‘selected by the company’ , this must needfully prevent the company from coming under the definition as contained in s2 ( 2 ) ( B ) of the Act, and besides hence from being sued under Part 1 of the Consumer Protection Act 1987. The 3rd class of suspect contained within s2 ( 2 ) of Part 1 of the Consumer Protection Act 1987, is the provider who has imported a merchandise from exterior of the European Union ; by virtuousness of s2 ( 2 ) ( degree Celsius ) that importer will be apt for any losingss ensuing from any defects in that merchandise [ 11 ] . I stated above that ‘S2 ( 2 ) of the Act lists three classs of maker who may be apt under Part 1 of the Act’ , and besides that ‘Part 1 of the Consumer Protection Act 1987 is designed to enforce liability on the manufacturer/ assembly program of a merchandise, and non on the supplier.’ It should be noted that there is a 4th class of possible suspects contained in s2 ( 3 ) of the Act, and this is a provider who, holding been approached by a consumer and asked to place the manufacturer of a merchandise which has been purchased by that consumer from that provider, has declined to supply such information, or has failed to make so within a sensible clip. Such a provider will be held apt as if he were the manufacturer. Whilst this seems contrary to any old impressions of tortious liability, this proviso is indispensable to the smooth operation of s2 ( 2 ) and Part 1 of the Act in general ; if the consumer is unable to happen the individuality of the manufacturer, he would be unable to action for any defects. If it is the provider who has prevented the individuality of the manufacturer from being disclosed, so it seems merely just that the provider should be punished for interfering in the operation of this Act, and held apt. In pattern, all this subdivision will make is to guarantee that providers are prompt in their response to petitions from consumers sing the designation of the manufacturer in inquiry and besides more efficient in the maintaining of correct records refering to the makers of their goods, and as such, my old statements that ‘S2 ( 2 ) of the Act liststhreeclasss of maker who may be apt under Part 1 of the Act’ , and besides that ‘Part 1 of the Consumer Protection Act 1987 is designed to enforce liability on the manufacturer/ assembly program of a merchandise, andnon on the provider, ’ should still be considered to be a well right description of the current jurisprudence. 2 ] What merchandises are covered by the Act? S1 ( 2 ) of the Act states that the type of merchandise which is covered under this statute law is â€Å"any goods or electricity, † goods being farther defined in s45 ( 1 ) of the Act as including â€Å"any substances [ including blood it would look [ 12 ] ] , turning harvests, and things comprised in land by virtuousness of being attached to it and any ship, aircraft or vehicle.† It would therefore look that a defect in a constituent of a edifice would ensue in the manufacturer of that constituent being apt for the attendant prostration of that edifice, whereas a builder would non be apt under this peculiar Act for defects in the edifice itself caused by his cheapjack craft. This latter averment is supported, if merely in consequence, by ss4 ( 1 ) ( B ) , 46 ( 3 ) and 46 ( 4 ) of the Act. In relation to information, it would look that information couldn’t signifier the capable affair of a claim under this piece of statute law, even though such information may be touchable in signifier [ e.g. a book ] [ 13 ] . An exclusion to this might be package ; the line between package and hardware being really hard to pull sanely ; for illustration, a modem can be package or hardware based ; if a maker of a hardware modem could be apt under this Act, so certainly so excessively could a manufacturer of the package version which performs precisely the same map. 3 ] Who can action under the Act? Any individual can action as consumer under this Act if they have suffered any losingss as a consequence of a faulty merchandise. It is irrelevant whether or non the goods were really purchased by the claimant ; as the Act provinces, consumer includes â€Å"anyone injured by the goods or anyone whose belongings was damaged as a consequence of the defect.† 4 ] What kind of harm is protected against by the Act? There is no limitation on the sum of amendss capable of being sought for decease or personal hurt, as distinguishable from the European Directive, which imposes a bound of 70 million euros. Such a limitation in UK jurisprudence would be impractical. Sing amendss for losingss fluxing from belongings harm nevertheless, there are several restrictions which operate under this Act ; s5 ( 2 ) of the Act stipulates that no losingss from any harm caused to the faulty merchandise can be sought under this Act, nor from any harm caused to any accoutrement which was supplied with the merchandise. Under s5 ( 4 ) of the Act, no liability arises under this Act unless the amendss ( apart from involvement ) would be at least ?275. There does non look to be a convincing principle for this arbitrary figure, other than that it represents an sum below which most judicial proceeding canvassers in the UK would non urge shiping on a jurisprudence suit. Finally, s5 ( 3 ) of the Act precludes liability for am endss ensuing from a merchandise which is non ‘ordinarily intended for private usage or is non chiefly so intended by the claimant. Obviously there must besides be a defect in the merchandise for liability to originate, desert holding been defined in Section 3 of Part 1 of the Act as being present where â€Å"the safety of the merchandise is non such as individuals by and large are entitled to expect.† The fortunes that should be taken into history by the tribunal when finding whether or non this definition has been satisfied include ( a ) the mode in which, and the intents for which, the merchandise has been marketed, its get-up, the usage of any grade in relation to the merchandise and any instructions for, or warnings with regard to, making or forbearing from making anything in relation to the merchandise ; ( B ) what might be moderately expected to be done with or in relation to the merchandise, and ; ( degree Celsius ) the clip when the merchandise was supplied by its manufacturer to another ; and nil shall necessitate a defect to be inferred from the fact entirely that the safety of a merchandise whi ch is supplied after that clip is greater than the safety of the merchandise in inquiry. [ 14 ] † In pattern, this criterion will be set by the tribunals, and does non depend upon public sentiment ; after all, in a litigious society, public outlook may be excessively high. For non-standard merchandises, i.e. those which are non in the signifier as intended by the maker, all the Claimant must turn out is that the merchandise was non-standard, and that the non-standard characteristic of the merchandise in inquiry was unsafe and responsible for the harm suffered. For standard merchandises, built-in dangers, such as the crisp borders of a cooking knife merchandise, should merely be protected against in so far as is sensible to make so in visible radiation of the grade of benefit enjoyed by the merchandise, i.e. would the benefit of holding a cheaper merchandise without the safety guard outweigh the benefit of holding greater safety at an increased monetary value to the consumer. Again, this value-judgement will be decided by the tribunals on a individual footing, and no preparation is offered by the Act to assist do this deliberation, and the ground for this is the frequently unquantifiable nature of the benefits involved in such hazard appraisals. Where hazards are non obvious to a consumer, so a standard merchandise may be deemed faulty on the simple fact that the maker did non supply a warning or instructions on proper usage of the merchandise. Again, there is no statutory guideline as to what grade of item in such instructions/warnings are indispensable, but a maker should mistake on the side of action to avoid liability for faulty criterion merchandises on this land. 5 ] What defense mechanisms are available to a qualified suspect, if any? S4 ( 2 ) of the Act states that if the Defendant manufacturer can turn out that â€Å"the province of scientific and proficient cognition at the relevant clip was non such that a manufacturer of merchandises of the same description of the merchandise in inquiry might be expected to hold discovered the defect if it had existed in his merchandises while they were under his control.† The logical thinking behind this defense mechanism is clear ; it would wrong in both rule and pattern for concerns to be held apt for defects that they could non perchance have foreseen [ 15 ] . In the instance of A 5 National Blood Authority [ 16 ] it was clarified that this defense mechanism will merely use â€Å"if there is no cognition of the being of the hazard in a generic sense, and one time this cognition has been acquired, the maker produces at his ain hazard, even if it is impossible to place the person, non-standard merchandises in which that hazard is present.† Other defense mechanisms available for a Defendant include where the defect in inquiry was in fact a demand by jurisprudence [ 17 ] [ e.g. where the jurisprudence requires a constituent to be present, but the really presence of that constituent has lead to the merchandise being rendered faulty ] , where the Defendant did non provide the merchandise to anyone [ 18 ] [ i.e. the merchandise had neer been distributed amongst the public ] , where the merchandise in inquiry was supplied non-commercially [ 19 ] [ e.g. the provider of a bar to a party would non be apt for defects in that bar ] , where the defect did non be in the merchandise at the clip of circulation [ 20 ] [ e.g. defects that have arisen from sensible wear and tear of the merchandise ] and that ( vitamin E ) â€Å"the defect ( I ) constituted a defect in a merchandise ( ‘the subsequent product’ ) in which the merchandise in inquiry had been comprised AND ( two ) was entirely attributable to the design of the subsequent merchandise or to compliance by the manufacturer of the merchandise in inquiry with instructions given by the manufacturer of the subsequent product.† 6 ] Exclusion of Liability: Can liability be excluded so that this Act has no impact on manufacturers/ manufacturers? Section 7 of the Act invalidates any efforts by a maker or manufacturer to restrict or except their liability â€Å"by any contract term, by any notice or by any other provision.† This does non nevertheless preclude manufacturers and assembly programs apportioning hazard of liability amongst them. Inferences and decisions: My illations and decisions shall be provided in response to the undermentioned inquiries: A ] To what extent has the 1987 Act made a important impact on the jurisprudence refering to defective merchandises? B ] To what extent has the 1987 Act made a important impact on the place of both consumers and makers in the UK? C ] To what extent is the undermentioned statement correct? â€Å"The impact of the 1987 Act upon makers has been far less drastic than they ab initio feared.† D ] To what extent has Part 1 of the Consumer Protection Act 1987 been successful in accomplishing its purposes? Let us near each of these inquiries in bend: A ] To what extent has the 1987 Act made a important impact on the jurisprudence refering to defective merchandises? In theory, Part 1 of the Consumer Protection Act 1987 is one of the most of import reforms made to the jurisprudence of civil wrong in England and Wales. It purports to enforce rigorous non-fault based liability on manufacturers of faulty merchandises in line with the European Directive on Consumer Protection ( 1985 ) . In pattern nevertheless, we have seen that many defense mechanisms are available to such a manufacturer, defense mechanisms which in topographic points seem to re-impose a cogent evidence of mistake demand of a Claimant under this Act. For illustration, the defense mechanism contained in s4 ( 2 ) requires the Claimant to turn out that the manufacturer should hold known about the defect and the harm that it would do in visible radiation of the scientific cognition available to him at the clip of production. This seems more like standard civil wrong of carelessness cogent evidence demands instead than rigorous liability. I would reason that the impact on the jurisprudence is non every bit important as one might, prima facie, believe. The ‘strict’ liability, by virtuousness of the defense mechanisms available, no that far removed from the mistake demands of traditional civil wrong jurisprudence. B ] To what extent has the 1987 Act made a important impact on the place of both consumers and makers in the UK? In visible radiation of my decisions above, I would reason that so far the impact of this statute law of consumers and makers is non peculiarly important ; the responsibilities on the manufacturers of merchandises have non been well increased if one takes into history the ‘no-fault’ based nature of the available defense mechanisms in s4 of the Act. C ] To what extent is the undermentioned statement correct? â€Å"The imtreaty of the 1987 Act upon makers has been far less drastic than they ab initio feared.† In visible radiation of my decisions above, I would hence hold to reason that I agree with the above statement. D ] To what extent has Part 1 of the Consumer Protection Act 1987 been successful in accomplishing its purposes? I believe that there is grounds to propose that the lone purpose of this statute law was to convey UK jurisprudence in line with the demands of the 1985 European Directive of Consumer Protection. With this in head, the purpose has been satisfied. The UK legislative antecedently refused three reform proposals bespeaking a rigorous liability attack to this country of jurisprudence, viz. , the Strasbourg Convention [ 21 ] , the Recommendations of the Scottish and English Law Commissions [ 22 ] and the study of the Pearson Commission [ 23 ] , and merely changed the jurisprudence when ordered to by the EEC Directive. I think this groundss my above proposition, as does the reading of the Directive to integrate as many of the permitted/discretionary defense mechanisms available as possible, guaranting that our civil wrong jurisprudence is non radically changed by this new piece of statute law. If the purpose of the Act was to make rigorous liability, so it has failed. If the purpose was to follow with the European Directive 85/374/EEC in a manner that would non alter our preexistent civil wrong jurisprudence into something where makers would be held apt for things beyond their sensible control, so I feel the UK legislative has achieved this purpose laudably. It is the latter of the two decisions with which I shall agree. Bibliography: Prashant, P. Defects and the CPA 1987 New Law Journal 1st December 2000. Freeman, R. Strict liability Torahs Consumer protection Act commissariats fail to help claimants in three recent instances. J.P.I.L. 2001. 1.26-36. ( Westlaw ) Gilker, P. Strict Liability for faulty Merchandises: The Ongoing Argument Business Law Review Vol 24 No4 April 2003. Winfield and Jolowicz on Tort ( 16ThursdayEdition, Sweet A ; Maxwell ) 2002 European Convention on Product Liability in Regard to Personal Injury and Death, Dir Jun ( 76 ) 5 Simon Whittaker â€Å"European Product Liability and Intellectual Products.† ( 1989 ) 105 L.Q.R. 125 DTI’s Consultative Document on the Directive 1

Alaska Coffee Company

Sure Powell was given input by his retail managers, employees and customers, but he wasn’t given any advice from people that new the company inside and out. All the people that offered him advice had no knowledge regarding the financials or other intricate facets of the company. If he had a board of directors he might be able to make more informed decisions that better serve the company as a whole. It is clear he also didn’t have a clear process for managers to go through to implement changes and or suggestions. The chain of command was vague and rarely used except by going directly to or through him. His attitude of â€Å"let it rip† is great because it gives employees freedom to thing outside the box and make them feel like they are a major part of the company but does not give any structure to them. His marketing background is most likely a key contributor to the company’s success in implementing new products and keeping customers coming back but with no real experience in running a company before this he lacked the human resource skills necessary for a company to thrive which is clear in his passive leadership role. External Environmental Analysis Some of the key external forces with company were in the beginning not really having any competition which let the company grow and lock down a loyal customer base. Also with the Alaskan environment suiting coffee drinkers because of the mild to colder weather. Staying confined in one city also helped the brand name grow through word of mouth and helped lock down business opportunities. Having a roaster facility in the city also cut down on expenses and helped keep the coffee fresh which was one of their staple trademarks to serve the freshest coffee possible. Internal Environmental Analysis Some of the key internal forces for ACC were the fact that the company was built on loyal workers who stayed in the company due to chances for promotion and growth. Along with that and Powell’s leadership style it let employees act somewhat freely and have input into a company that strived to stay away from a corporate feel. The quality of the products that they offered also helped them since they were considered to have the top of the line products some of which were considered to be the best in the world. Having a small chain of command is also beneficial to the employees because it allows them to get things done relatively quickly without having to wait for it to go through many different levels of management. With most customers saying that the coffee was addicting and the atmosphere was very pleasant it leads to a happy environment for customers and workers alike allowing for the business to strive. Another problem of the external environment is that the shops were not strategically located. The areas that they were placed in were researched to some extent but not fully like a major company like Starbucks would do to make sure they can get the most out of the market. Not only that but they didn’t own all the building or locations that they were in having leased some of the spaces with only year contracts. SWOT Analysis The opportunities to grow for the ACC seemed to be limitless since they had already successfully competed with local competition and it did not affect their bottom line to a level of concern for them until, world conglomerate Starbucks entered the scene. Once they came on scene it became clear that competition would become a threat and opportunities could and would shrink. This was and is the biggest threat to ACC since Starbucks is already a well known product that strives to give customers the â€Å"Starbucks Experience†. This is where the customer can feel comfortable getting the same service and products at any store in the world compared to ACC’s differently styled shops and styles of running the stores. This is probably of the greatest concern since most of their stores have different layouts and feels you can’t go to one ACC store and then go to another and feel like it is just like the one you already visited. One strength that ACC has is that it is a local company built on staying small and having a non corporate feel. They also strive to employee young workers in a state that is economically stricken and worried about their young adults leaving the state to live elsewhere. One weakness I believe that they have is that their merchandise can be over priced and even though started to compete with lower priced items there were no real studies done on how well the products would do. One of their major weaknesses is their human resources department and their lack of technical support. They switched to new major software with no one that could fix a problem if one occurred. Business-Level Strategy Their strategy was to find a way to keep their customers loyal while offering the best possible choices in specialty coffees and to help contribute to the great state of Alaska’s economy. Their potential for success I believe is still quite good. As long as Powell can overhaul is leadership strategy and his chain of command, I think they could become even more profitable than they already are. He needs to make a lot of changes but he has the right idea and now he just needs to build on it. Even though it may not be the Alaskan way of doing things he needs to come up with written ways and policies to go about key things in his business. The communication chain also must be improved for the business to continue to be successful. Cooperative Strategy ACC has some key alliances in place already with major retailers already selling their products in wholesale as well as, disturbing them as needed. Having an alliance with an already established local produce market has obviously been key to their early success and I would guess that those are the stores that continue to post the most profits. Since they do not have a written agreement in place I would recommend that he do so because if he were to lose those locations to say Starbucks, it could be detrimental to his business. Even though some of the major retailers already offer Starbucks products to the public, it is important that ACC stays on good terms with them so as not to lose their business since they are solely confined to Alaska any lose of a major retailer could have vastly negative effects. It is also key that stay in good relationships with the companies that they do their major business with for the same reasons as above. Options and Recommendation In order for ACC to stay in the specialty coffee market, they will need to do some drastic overhauling. Starting with Powell, he needs to establish a direct chain of command and follow through with it. He already gives managers leeway with projects but he has to help them make more informed decision so that he will not have to cancel projects. He also needs to bring in a financial analyst to help teach his managers how to budget and be more open with the financials of the business. After that he needs to revamp his human resource department and definitely bring in an IT specialist to help deal with any software issues. While he also needs to bring in people to train all the essential employees on how to use the software adequately enough that they will be able to teach new employees. I would say he then needs to have a clear line of vision of where he wants the company to go and how he wants it to get there. In order to do that I believe he needs a committee or a board of directors to help weigh in on decisions and help spark new ways and ideas of innovating and implementing strategies. It is also apparent that he needs to upgrade his facilities so that they can operate at full capacity which will also help get rid of some of the overhead he has. Then he needs to establish one way that all stores will look and future stores will be laid out. The one thing that he may not want to do because it may seem like they are going corporate but there are too many uncertainties from one store to the next. They do not have to be identical but the way things are done internally and as far as customer service goes that should be. Overall I think ACC can last and be the main Specialty Coffee supplier in Alaska he just needs to do a little overhauling.

Scripture Interpretation Essay Example | Topics and Well Written Essays - 1000 words

Scripture Interpretation - Essay Example In addition, verses like Job 9:6 suggest that the earth is flat which has already been proven to be incorrect. Hence, this illustrates that scriptures can be better understood by culmination of processes which involve understanding the history of interpretation of the bible as well as the times during which the interpretation was made. This paper will illustrate the history of scriptures and how they were written and interpreted over the years. In addition, there will also be an assessment on the different views that are taken by different religions and how the interpretations vary. Authors such as Karen Armstrong (2007) suggest that interpreting texts too literally is dangerous for society and has led to the rise of religious extremists in different beliefs. Armstrong (2007), states that there is a large amount of criticism by atheists accusing Christianity of many unethical acts whilst extremists that perform acts of terror quote the Quran. Historically there was no orthodoxy in the scripture from the beginning was never written in a monolithic voice, hence making it impossible to interpret literally. For example, the Quran is written in the form of parables as it is the only which can be used to describe God and likewise Jesus in the bible was such a significant figure that it was impossible to describe him with a single definition. This shows that the scriptures were never meant to be interpreted literally, as many individuals can create contrasting arguments both using scriptures in the bible. An example, of this is the argument for and against slavery. Sl ave owners were capable of providing a well supported argument using texts from the bible whilst slaves could use the same bible to oppose slavery. This point illustrates the issue of interpretation in the bible, in addition, the book was written by numerous authors who were all using the voice of God and at times did not

Confederation and Constitution Essay Example | Topics and Well Written Essays - 1250 words - 2

Confederation and Constitution - Essay Example The benefits of the Articles of Confederation including the signing of an alliance between the United States and France in 1778. The American Revolution succeed due to the unity that existed between the States. The government successfully negotiated to end the American Revolution. The Articles of Confederation facilitated the formation of an organized government that allowed inhabitants to roam freely in all the states. It played a crucial role given that it was formulated at a time when the States had no agreement. Most people were skeptical about the formation of a central government because the unfair treatment by the British was still fresh in their memories. The Articles of Confederation had a unicameral system of government in which Congress was the only branch of government. On the contrary, the U.S. Constitution has three branches of government, which include the legislative, executive, and the judiciary. Every branch of government is independent. The Executive is mandated to carry out the law; the legislative makes the law, and the judiciary interprets the law. Under the Articles of Confederation, the national government had powers to declare war, negotiate peace, handle foreign affairs, borrow money, manage the monetary system, settle disputes between states, create a navy and build an army by asking for troops from the different states. The U.S. Constitution gave the National Government more powers. In the U.S. Constitution, the central government has is mandated to collect taxes, handle foreign affairs, raise and maintain an army.

Albert The Absurd Camus Essay -- Essays Papers

Albert The Absurd Camus â€Å"Albert Camus is one of the most likeable and approachable of the mid-twentieth-century French authors† (Brosman 10).This is quite a compliment for Camus, but most would agree. In France, Albert is known for his many books, two which have made the French best-sellers list. His works are often read and studied in French secondary-school class rooms, introducing a countless number of students to his pieces each year. Camus also holds the high honor of receiving the Nobel Prize for literature in 1957 (Boak 346). His wide popularity has made his name known in North America as well. Just what is Albert Camus so popular for one might ask? The answer would be his approach to his work— the underlying beliefs of Existentialism or the theory of the absurd that characterizes his pieces (Wyatt 1).1 All of Camus’ works incorporate this strong sense of the individual having freedom of choice, and thus complete control over his own outcome. He acknowledges no help or contr ol from higher powers, just simply focuses on the individual; consequently, creating a sense of alienation. Albert Camus’ attraction to and his use of Existential beliefs began from his own life circumstances. Albert Camus was born on November 7, 1913 to his parents Lucien Auguste Camus and Catherine Sintà ¨s Camus. Albert was born in Mondovi, Algeria, a French colony until receiving independence in 1962. His father grew up an orphan due to being the youngest of five children. His mother sent him to an orphanage to lighten her load; Lucien never forgave his mother and family for this treatment (â€Å"Albert Camus† 113). Lucien served in World War I and was killed during fighting when Albert was still an infant (Lazere 72). After his father’s death, the ... ...Savage. Albert Camus. Vol. 8. Detroit: The Gale Group, 2001. 9 vols. â€Å"Albert Camus.† Wikipedia, the free encyclopedia. 30 Sept. 2004. 8 Oct. 2004. . Boak, Denis. â€Å"Camus.† The McGraw-Hill Encyclopedia of World Biography. 1973 Cruickshank, John. â€Å"Camus, Albert.† Britannica Biography Collection 1 – 3. MAS Ultra-School Edition. EBSCO. Lakeshore High School Lib., Stevensville, MI. 12 Oct. 2004. Lazere, Donald. The Unique Creation of Albert Camus. New Haven: Yale University Press, 1973. MacDonald, Paul S. â€Å"Albert Camus.† The Existentialist Reader. Ed. Paul S. MacDonald. Routledge: New York, 2000. 144 – 183. Thody, Philip. Albert Camus 1913 – 1960. 2nd ed. New York: The Macmillan Company, 1962. Wyatt, C.S. Existentialism: An Introduction. 6 Jun. 2004. 16 Oct. 2004 .

Job Hunt Based on the Education Stream

Exploratory Essay Being in college is a great opportunity to study the major everyone has always dreamed of. I am sure that not everyone that is in college at the moment knows exactly what direction to go with their specific major. By doing some research on my major I plan to gain some knowledge of what type of job opportunities my accounting major can offer me. At this moment I do not know exactly what different jobs I can pursue with my major. I am also sure that there are a several jobs that can deal with accounting that I will learn about. As I started my research on my major I came to one job title that every person with accounting experience start off with to make a way onto higher positions. This job title is called an accounting clerk. An accounting clerk usually deals with activities like preparing for basic management and ledger maintenance. One essential and basic duty they have to do is assume much responsibility to perform assigned accounting and related clerical support functions. This is where they maintain files, type a variety of reports or documents, print account payable checks and insert checks to mail daily, and prepare worksheets to the general ledger system. A second duty they maintain is resolving accounting or documentation problems by tracking and investigating these problems (Accounting Clerk 1). A third is establishing coordination with the company’s personal and effective communication. This duty deals with assisting and maintaining contact with any other departments to convey any transactions, keep the management informed about any problems or area activities, and involving themselves in any meetings (Accounting Clerk 1-2). A last duty they are responsible for is ensuring the place in which they work is maintained secure and complete any special projects assigned (Accounting Clerk 2). An accountant clerk has many responsibilities they have to take care of at all times. This Google PDF document informed me about the certain responsibilities an accountant clerk has to achieve to maintain this certain position. It showed me the great significance it can play in my life if I chose to go into this position and the things I would have to over go. For example, I can hold the responsibility of maintaining and over looking documents for a company or even finding any issues with any of the documents. It also informed me that becoming an accounting clerk can be a great first step to start off with, so that sooner or later I would be able to pursue bigger and greater things. Starting with this job title could better prepare me for any future positions I would like to get into. Being an accounting clerk sure is one good job title that I would keep in mind, but there are also a couple more that have caught my interest. A second job title that can be a possibility for me to look into that can as well deal with a great amount of responsibilities is bookkeeping. Bookkeepers are responsible for taking many records of the transactions for a company’s business. They must also be able to maintain the records within a certain computer program or given ledger. The type of records bookkeepers need to maintain can include those which calculate accounts payable and receivable, expenditures, receipts, and profit and loss (Bureau of Labor Statistics). Bookkeepers have a lot of tasks they have to do so having a wide range of skills will be the only way they would be able to handle this type of job. A bookkeeper may choose to work for a small business or a large company. Either job they choose to work for requires some sort of the same tasks, but if they liked to work for a large company they would have to have much more experience with the task bookkeepers encounter (Bureau of Labor Statistics). If they do not have the great amount of experience than working for a large business would not be a good fit for them and working for a small business would be a much more comfortable start for them. This bookkeeping job deals with a lot double tasking skills that can be complicated to master. The Bureau of Labor Statistics website has gained me a little knowledge about bookkeeping and what it consist of. From this website I took an understanding that a bookkeeper needs to feel comfortable working with a computer at all times because it is one main source they work with. They also have many responsibilities to take into account and in order to accomplish them they have to have the right amount of experience to be successful in this job. Knowing that they work a lot with computers was one main thing that I like about this job. To calculate, put in records and type out data has caught a little of my interest because having experience with computers is something I can perform well with. A last job title that I looked into that caught my attention was a tax specialist. A tax specialist is the person who fills out tax return forms for many clients. Their ultimate goal is to reduce their client’s tax debt by including any possible deductions. They have to conduct many interviews with each client in order to get important personal and financial information. Their duty does not only limit to reporting on tax returns, but they could also have the responsibility of informing their company of any expenditure that has any association with the business transactions (Solis). Tax specialist can also have the option to work year round or only during the season of taxes. To work year round they would have to be working with a business and to work during the season they can do it to earn themselves extra money.

The Most Popular Instrument of All Time The Trumpet Essay

Throughout history, music has changed. One instrument has been able to stand the testament of time. Many instruments have had their time, but faded away. The trumpet has survived them all. It is probably the most popular instrument of all time. With talented musicians like Louis Armstrong and Miles Davis, the trumpet has been able to endure. The purpose of this paper is to highlight the careers of Armstrong and Davis, and how the trumpet became their way into Jazz. Louis Armstrong was born on August 4th 1901 in New Orleans, Louisiana. Louis had a hard and painful childhood. In 1922 at the age of 21 Louis moves to Chicago to play cornet in a band lead by Joe Oliver. In September 1924 he leaves Oliver and moves to New York City to join†¦show more content†¦His talent formed a popularity that was surpassed by none. He was the first to present Jazz to the public as a form of art. This changed the direction of Jazz. Miles Davis was born May 25, 1926 in Alton, Illinois and grew up in East St. Louis. For his 13th birthday, Miles was given his first trumpet. By age 16, Miles was playing professionally and received his first real taste of what playing jazz was like when he was asked to stand in for a band that was traveling through and needed to replace a sick horn player. After high school, Miles enrolled in Juilliard in September 1944. Miles spent most of his time playing music with others than actually going to class. Although he was known primarily as a trumpet player, in the world of music he had great influence as an innovative bandleader and as a composer. His music and style were important in the development of improvisational techniques incorporating modes. Miles experiments with modal playing reached its apotheosis in 1959 with his recording of Kind Of Blue. Miles was brought up in the Bebop tradition. When Miles became a leader, things really took off. Miles transformed jazz into a new era with his Birth of cool sessions, which were recorded in throu ghout 1949-50. These sessions took Bebop’s fast running styled chords, and transitioned it to a more modal idea. Miles also began experimenting with a nine-piece band. He would frequently use the flugelhorn and muted trumpet. During this time Davis had becomeShow MoreRelatedLouis Contributions Of The Jazz Music Scene993 Words   |  4 Pages-Musical Style Louis made many contributions to the evolution of jazz as he learned and adapted his style. His use of harmonies and improvisation was before his time and he helped shape the whole genre as it was evolving. His technique with his trumpet playing and how the sound played off of the other instruments was unparalleled at the time. His contributions and techniques play a large part in changing jazz music from a folksy sound to more of the swing sound we attribute to the genre today. 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