Wednesday, August 26, 2020

Management Information Systems Assignment Report

115. 107 Management Information Systems Assignment Report Contents Part 1 †ER Diagram2 Part 2 †Tables and Keys3 Part 3 †Queries4 Part 4: Spreadsheet channels and turn tables7 List of Figures Figure 1 †ER outline for occasion the executives arrangement of hotel2 Figure 2 †Query 1 QBE for staff allocation4 Figure 3 †Query 1 yield for staff allocation4 Figure 4 †Query 2 QBE for planned occasions start of October5 Figure 5 †Query 2 yield for booked occasions start of October5 Figure 6 †Query 2 database report for booked occasions start of October6Figure 7 †Query 3 QBE for all out number of enlisted participants6 Figure 8 †Query 3 yield for all out number of enrolled participants7 Figure 9 †Spreadsheet information without any filers or restrictive designing applied7 Figure 10 †Spreadsheet with the â€Å"show just occasions beginning after fifteenth October channel applied7 Figure 11 †Spreadsheet with the ‘show ju st occasions initiating after first November as underlined' contingent organizing applied8 Figure 12 †Pivot table8 Figure 13 †Pivot table as a bar chart8 List of TablesTable 1 †Attributes for ER graph for occasion the executives arrangement of hotel2 Table 2 †Attributes for ER graph for occasion the executives arrangement of hotel3 Part 1 †ER Diagram StaffMember Venue Event Registration Attendee Reserved for Manages Accept Makes Applies to 1.. * 1.. * 1 0.. * 0.. * 0.. * 0.. * Payment Accept 0.. * 0.. * 1 Gains passage Client System Presents 0.. * Record Details 1 0.. * Inputs 1.. * 1.. * Figure [ 1 ] †ER chart for occasion the executives arrangement of lodging Table [ 1 ] †Attributes for ER graph for occasion the board arrangement of inn Entity Type| Attributes| Key attribute|Venue| venueID, venueCapacity, venueDescription| venueID| Event| eventID, eventName, eventType, startDate, endDate, startTime, endTime, availableSpaces, eventFee| eventide| S taffMember| staffID, firstName, lastName, jobTitle | staffID| Registration | registrationID, registrationDate, eventID | registrationID| Attendee| attendeeID, firstName, lastName, title, companyName, contactAddress, phoneNo | attendeeID| Payment| paymentAmount, paymentDate, paymentType, paymentCredit, creditcardID, creditcardName, creditcardExpiry| paymentID| Client| clientName, companyName, contactAddress, contactPhone, clientIndustry, clientNeeds| clientID| System| systemClient, systemAttendee, systemVenues, systemInvoice, | systemID| Part 2 †Tables and Keys Table [ 2 ] †Attributes for ER outline for occasion the executives arrangement of inn Table| Column| Primary Key| Comments|VenueTbl| venueID, venueCapacity, venueDescription| venueID| | EventTbl| eventID, eventName, eventType, startDate, endDate, startTime, endTime, availableSpaces, eventFee, staffID| eventID| staffID is a remote key into StaffMemberTbl. | StaffMemberTbl| staffID, firstName, lastName, jobTitle | staf fID| | RegistrationTbl| registrationID, registrationDate ,eventID, attendeeID| registrationID| eventID is an outside key into EventTbl while attendeeID is a remote key into AttendeeTbl| attendeeID, firstName, lastName, title, companyName, contactAddress, phoneNo, eventID, registrationID| attendeeID| RegistrationID is an outside key into RegistrationTbl while occasion ID is an outside key into EventTbl. ReservedforTbl| eventID, venueID, attendeeID, | reserveID| eventID is a remote key into EventTbl while attendeeID is an outside key into AttendeeTbl| Part 3 †Queries Query 1 - StaffAllocation Figure [ 2 ] †Query 1 QBE for staff assignment Figure [ 3 ] †Query 1 yield for staff designation Query 2 †YearEndSchedule Figure [ 4 ] †Query 2 QBE for booked occasions start of October Figure [ 5 ] †Query 2 yield for planned occasions start of October **For obscure reasons, occasion 9, 16 and 17 isn't recorded in the item in any event, when the date falls inside the range as set out in the models. I have endeavored to adjust the models determination to cover between the date scope of 30/09/2011 †01/01/2050 and so forth however it has still neglected to come up. Inquiry 2 †Year End ReportFigure [ 6 ] †Query 2 database report for planned occasions start of October Query 3 †Registration Numbers Figure [ 7 ] †Query 3 QBE for complete number of enrolled members Figure [ 8 ] †Query 3 yield for absolute number of enlisted members Part 4: Spreadsheet channels and rotate tables Figure [ 9 ] †Spreadsheet information without any filTers or contingent organizing applied Figure [ 10 ] †Spreadsheet with the show just occasions beginning after fifteenth October channel applied Figure [ 11 ] †Spreadsheet with the ‘show just occasions initiating after first November as underlined' restrictive designing applied Figure [ 12 ] †Pivot table Figure [ 13 ] †Pivot table as a bar outline

Saturday, August 22, 2020

A Doll House marriage essays

A Doll House marriage expositions Screenwriters use marriage in their attempts to exhibit the enthusiastic battle it takes for two individuals to remain really infatuated. There are three principle characteristics of marriage: correspondence, love in real life, and magnanimity. Ibsen plainly depicts these characteristics in his play, A Doll House. In this play, the two primary characters experiencing a conjugal battle are Nora and Torvald. The moves they make all through this play decide the destiny of their marriage. Correspondence is a major piece of marriage. On the off chance that there is no correspondence in a marriage it is a lot harder to remain in affection with the other individual. Close to the finish of the play, Nora finds her absence of correspondence with Torvald. Torvald likes to keep himself far off from Nora. He has his own investigation which she isn't permitted to enter except if she asks his consent. The greater part of the discussion seen all through the play is Torvald calling her his little squirrel and other pet names. At the finish of the play, Nora herself concedes that they have not once had a genuine discussion in their eight years of marriage. This absence of correspondence causes Nora to make one stride nearer to the entryway. Another principle some portion of marriage is love in real life. These are the moves one makes in light of the adoration they have for their accomplice. Nora exhibits this in one of her encounters with Dr. Rank. Nora and Dr. Rank have been dear companions for a long time. He goes to her home to visit her pretty much ordinary. On one visit, in any case, things didn't go as they regularly do. While sitting together Dr. Rank reveals to Nora that he cherishes her and that he has consistently adored her. He inquires as to whether she will go with him, since she doesn't appear to be content with Torvald. Nora adores Dr. Rank, however similarly as a companion. She was unable to consider being unfaithful to Torvald and leaving him for another man. Despite the fact that she wasn't completely upbeat there she chose to remain for Torvald. Nora may have considered the adoration she gave to him as she took her last st ... <!

Tuesday, August 18, 2020

My Monday (in Snaps)

My Monday (in Snaps) (Take a look at “My Monday” by Yuliya K. 18 for her day in the life at MIT post) 8:45: Wakeup. For real this time, after 10+ snoozes. 8:53: First snap! Of a TMAYD MIT (Tell Me About Your Day MIT) wristband. Happy Monday, MIT! Also my roommate picked up my first paycheck in our shared mailbox. Exciting stuff! 9:05: Depart Conner 5. Isn’t our elevator art on point? (We’re the Home of the Velociraptors, in case you were wondering) 9:06: Aaaand it’s cold outside at a crisp 45 degrees. But good thing I’m all bundled up though, with a beanie and down jacket. 9:10: Arrive at Johnson Arena, next to the Z-Center for skating practice. During practice, a friend from Technique, the yearbook, photography, and design club, drops by to take some pictures for her photography class project. 10:00: OK, so I woke up later than I intended, so my training session was cut short. Ideally I’d wake up early enough to skate the full session starting at 8am. Anyways, it’s time for breakfast! I always dig the chocolate milk, especially after practice! 10:45: Walk across Mass Ave and enter Lobby 7 on my way to take the 3.091 (Solid State Chem) midterm. Quick diversion: it’s a hackthe MIT Zoo! (Check out “A Collection of Curious Creatures at the MIT Zoo” by Chris Peterson for some great shots) 10:59: Got just a little distracted by the zoo animals, but I arrive at 10-250 with a few minutes to spare (on MIT time). T-6 mins before exam begins. 11:02: T-2 mins… Time to get calculator, pencil, eraser, periodic table, table of constants, and cheat sheet out. 11:04: Here we gooooo! OK, it’s time to put my phone away. 12:08: Walk out of 10-250 feeling WRECKED by the midterm. alksjdfiwejkndfv. I can’t even think straight anymore. My brain hurts. 12:10: Down the hall it’s Lobby 7! Lobby 7 is always on point. There’s light and beauty at the end of the hallway/tunnelthat’s what I’d like to think at least… Now off to Rotch Library to pset for 8.01 13:30: Still psetting. 13:45: Time to leave for 18.02 recitation. Back down to Lobby 7, and another chance to receive the full MIT Zoo experience, feat. dino, ¾ of cow, seal, and head of cow. 13:48: Oops. Forgot to get lunch. Run to Masseh to get food to-go. 13:57: Run through the Infinite, weaving through people to get to Building 66. 14:05: Made it just in time. We get back our 18.02 midterms that we took on Thursday. No time to look them overwe got material to cover. Today it’s line integrals. Fun stuff. 15:05: MAS.A19 seminar, aka “Designing Consumer Electronics” and held at the Media Lab which has to be the coolest building on campus. Snacks provided too! 17:10: Walking through the Infinite for the n-th time today, I am greeted by another zoo animal, this time it’s a circular cow hanging from the ceiling. Mooooo. 17:15: Make my way to Barker Library. The reading room is an amazing place to study (and to doze off) in. Nikola Tesla’s bust resides outside Barker. 18:20: Attempting to finish 8.01. Can’t figure out a part of a part of a problem. Noooooo. Time to go to office hours. 18:30: 8.01 office hours. Ask for help to figure out what I’m doing wrong. So I do it on the whiteboards again to double check my strategy. And it works! I can’t algebra, that’s why. Oops. 18:50: Walk thru Infinite for the infinith-time. This time I spot a hanging octopus. Yeeeeewalking thru the Infinite today has been so exciting! 18:51: I spy free food in Lobby 10. Time to snack up on some sandwiches. Have yet to eat dinner. 18:55: Cross Mass Ave once again. Building 7 looks on point at night. 19:00: Arrive at the TechX office in the Student Center for a meeting about organizing the Banquet for xFair, MIT’s spring career fair and expo. A futon is convenietnly opened up. Would love to take a nap, but it’s time to discuss logistics! Oh, and there’s also snacks stocked up in the room. Yay. 20:54. Time to eat dinner. Back again at Masseh. 21:05: Not too much time to waste. Back in the Infinite on my way to Building 2 for the general TechX Logistics Committee meeting. More discussion and planning and emails. 22:04: Meeting ended early! Finally back in Burton Conner after a full day out. Greeted by our floor’s uber cool light-up sign, which is reprogrammable. 22:06: Got an email that my Amazon shipment has arrived. Yay for Amazon Prime! Also 3.091 midterm grades released. I know right?! The average was a 63%. I did a lot better than I thought I did. I didnt fail. So yay! Two midterms down, one to go. (18.02 happened last week, 8.01 on Thursday) 22:20: Bought a card reader for CF memory card. Now I can transfer and edit photos that I took from a camera checked out from Technique, the yearbook, design, and photography club. 23:50: Done playing for the day. Back to psetting… 00:51: Finally done with the 8.01 pset! #success OK, its bedtime 01:00: ‘Night.

Sunday, May 24, 2020

Spring Phenology and Climate Change

As spring arrives we notice the changing of seasons by the weather, but also by a host of natural events. Depending on where you live, the crocuses may poke through the snow, the killdeer may be back, or the cherry trees may bloom. There is an orderly sequence of events that seem to occur, with various spring flowers appearing in order, red maple buds bursting into new leaves, or the old lilac by the barn scenting the air. This seasonal cycle of natural phenomena is called phenology. Global climate change appears to be interfering with the phenology of many species, at the very heart of species interactions. What Is Phenology? In temperate regions like the northern half of the United States, there is comparatively little biological activity in winter. Most plants are dormant, and so are the insects feeding on them. In turn, animals that rely on these insects  such as bats and birds are hibernating or spending the cold months in more southerly locations. Ectotherms like reptiles and amphibians, which take their body warmth from their environment, also have active phases tied to the seasons. This long winter period constrains all the growing, breeding, and dispersing activities that plants and animals do to a short favorable window. That’s what makes spring so vibrant, with plants flowering and putting on new growth, insects emerging and breeding, and birds flying back to take advantage of this short-lived bounty. The onsets of each of these activities add up to so many phenological markers. What Triggers Phenological Events? Different organisms respond to different cues to initiate seasonal activities. Many plants will start growing leaves again after a set period of dormancy, which very roughly dictates the leaf-out window. Cue that more precisely determine when the buds break can be soil temperature, air temperature, or water availability. Similarly, temperature cues can promote the beginning of insect activity. Day length itself can be the operative trigger for some seasonal events. It is only when there are a sufficient number of daylight hours that reproductive hormones will be produced in many bird species. Why Are Scientists Concerned with Phenology? The most energy-demanding period in the life of most animals is when they reproduce. For that reason, it is to their advantage to coincide breeding (and for many, the raising of young) during a period when food is most abundant. Caterpillars should hatch just as the young tender leaves of oak tree emerge, before they harden and become less nutritious. Breeding songbirds need to time the hatching of their young just during that peak in caterpillar activity, so they can take advantage of this rich source of protein to feed their offspring. Many species have evolved to exploit peaks in resource availability, so all these seemingly independent phenological events are indeed part of a complex web of precise interactions. Disruptions in seasonal events can have profound effects on ecosystems. How Is Climate Change Affecting Phenology? The Intergovernmental Panel on Climate Change, in a 2007 report, estimated that spring arrived earlier by 2.3 to 5.2 days per decade in the previous 30 years. Among hundreds of observed changes, the leafing out of ginkgo trees in Japan, the flowering of lilacs, and the arrival of warblers have all shifted earlier in the year. The problem is that not all these shifts happen at the same rate, if at all. For example: Winter moths have been timed to hatch just when the young oak leaves burst from their buds. With climate change, both have been happening earlier in the year, but significantly more so for the winter moth hatch. The young emerging caterpillars then starve and die.Some North American migratory songbirds have advanced their arrival data. However, at least one of the main tree species they forage on has shifted its leafing out even earlier. Birds might then be missing the peak in availability of insects that are found on these trees and provide the energy and protein needed by the birds at the beginning of their nesting season. These types of misalignment of important events in nature are called phenological mismatches. There is much research underway currently to recognize where these mismatches might be occurring.

Wednesday, May 13, 2020

Prescription Drug Abuse A Grave Epidemic - 917 Words

PRESCRIPTION DRUG ABUSE: A GRAVE EPIDEMIC James Fey East Tennessee State University Appalachia is a cultural, highland region of the southeastern US, containing the Appalachian Mountains, extending from Alabama up to Pennsylvania (CDC, 2010). Given its hallmark high poverty, low educational attainment and geographic isolation, the Appalachian region is a vulnerable priority population at a heightened risk for prescription drug abuse (CDC, 2010). As previously alluded to, the burden of opioid abuse and overdose deaths is substantially higher in Appalachia than other areas of the U.S. Since 1996, an increasing number of programs have provided the opioid antagonist naloxone hydrochloride, the method of choice to reverse the potentially fatal respiratory depression caused by overdose of heroin and other opioids (CDC, 2010). Community coalitions, law enforcement, concerned friends, families and good Samaritans alike have each asserted that naloxone’s virtually untapped potential to save lives is enormous. Adding further standing, naloxone is on the World Health Or ganization’s (WHO) model list of essential medicines and is described as, a safe drug with a low risk of serious side effects and that any adult capable of learning basic life support can also learn to recognize an opioid overdose, and administer naloxone in time to save lives. Another benefit is that naloxone is extremely cheap; available at less than $2 a dose in many countries Conversely, access toShow MoreRelatedCritical Issues Of School Counseling Essay1576 Words   |  7 PagesCritical Issues in School Counseling: Drugs in Schools Drugs within schools have been and continue to be a prevalent problem in our school systems; it is a problem that affects all ethnicities and social economic statuses, making this a significant issue. 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Wednesday, May 6, 2020

Environmental Legislation And Policy Of The Eu Engineering Essay Free Essays

string(142) " on International Civil Aviation besides known as the Chicago Convention, which aircrafts were non allowed to run in the EU after April 2002\." In the 19th century, steam engine, gasoline engine and technological machinery in industry were the chief subscribers for a noisy environment. With the development of Diesel engine, jet engines, addition in usage of faster industrial production machinery including building site machinery and increased volume of route traffic, all aggravated and intensified noise pollution in the 20th century.[ 1 ] Action to cut down environmental noise was non given any precedence when compared to other environmental jobs such as air and H2O pollution. We will write a custom essay sample on Environmental Legislation And Policy Of The Eu Engineering Essay or any similar topic only for you Order Now It was argued in the Commission Green Paper that this deficiency of involvement in noise pollution was due to the fact that ‘noise is really much a local job with really varied perceptual experiences in different parts of the community as to the acceptableness of the job ‘ .[ 2 ] However although there was this deficiency of legal involvement in noise pollution, people non merely regarded noise as a constituent that deteriorates the environment but recognised besides that it is ‘unjustifiable intervention and infliction upon human comfort, wellness and the quality of modern life ‘[ 3 ]. Therefore the authoritiess, back in 1969 started modulating noise in assorted legislative acts. The European Commission in the ‘Future Noise Policy ‘ ( Green Paper ) pointed out that All member provinces have similar categorizations of the beginnings of environmental noise related to the different human activities: route traffic, rail traffic, air traffic, industry, civil technology and edifice site activities, recreational activities, out-of-door equipment ( such as gardening equipment ) .2 EC Legislation on Noise: the development of noise ordinance in the EU before the acceptance of the Directive 2002/49/EC Over the past 30 old ages, the EU ‘s environmental policy aims have been presented in Action Programme. The 2nd European Action Programme ( EAP ) 1978 developed the issue of noise suspension. It contained a whole chapter on steps against noise where it sets out risky effects that noise may hold on the human wellness. This EAP pointed out that member provinces have drawn up a figure of ordinances modulating noise emanations. Therefore in order to work out the job of haltering the common market, the community decided to follow an anti-noise policy.[ 4 ] Januaries hold that Community statute law on noise can loosely be divided into two classs. In the first topographic point there are a big figure of directives harmonizing national ordinances on anything from motor mowers to goods vehicles and ordering maximal allowable noise degrees. [ aˆÂ ¦ ] In the 2nd topographic point there is a certain sum of legislative activity in connexion with noise produced by aircrafts.[ 5 ] On the other manus, Miriam Markus-Johansson et Al in Handbook on the Implementation of EC Environmental Legislation, argued that the bing ‘noise control statute law can be divided into four classs: motor vehicles, airplanes, out-of-door equipment, and family contraptions ‘[ 6 ]. However the writers lack to do mention to statute law on railroad and besides industrial noise. Therefore I would state that there are five classs: route conveyance to include railroad besides motor vehicles and the 5th class would be industrial noise. Road Transport Motor vehicles Under EU statute law, motor vehicles are divided in two classs: motor vehicles with at least four wheels and motor vehicles with two- or three-wheel. Noise from motor vehicles with at least four wheels Bing the chief subscriber to environmental noise particularly in urban countries, the European Union sought to harmonize noise demands for route vehicles back in 1970, through Directive 70/157/EC. Add to this the directive introduced bounds on sound degrees of route vehicles and specific processs for mensurating sound degrees of exhaust systems and silencers.[ 7 ] Noise from two and three wheel motor vehicles Mopeds and bikes are another major route traffic noise subscribers chiefly due to reckless driving behavior and / or meddling of the fumes system. Directing 97/24/EC establishes allowable sound bounds from two and three wheel vehicles and demands for exhaust systems, including replacing parts, and provides steps to counter tampering.10 Directing 2001/43/EC regulates noise bounds generated by motor vehicles and dawdlers Surs where the Surs meet the route. ‘These bounds differentiate between vehicle type ( autos, new waves and trucks ) and tyre breadth ( 5 categories ) and will be enforced by including tyre noise trials in EC type-approval certification demands, which must be met for any Sur to be placed on the EU market ‘ .[ 8 ] Railwaies A figure of enterprises where undertaken by the European Commission to restrict railroad noise. It even set up a ‘Railway ‘ working group in order to lucubrate the proficient and economic facets of the decrease of noise emanations from rail conveyance systems.[ 9 ] Directing 96/48/EC on the interoperability of the trans-European high-speed rail system, which has been detailed further through: Commission Decision 2002/735/EC on proficient specifications for interoperability ( TSI ) associating to high-speed turn overing stock Commission Decision 2002/732/EC on proficient specifications for interoperability ( TSI ) associating to high-velocity railroad substructure Directing 2001/16/EC on the interoperability of the conventional trans-European rail system, supplemented by: Commission Decision 2004/446/EC stipulating the basic parametric quantities of the Noise, Freight Wagons and Telematic applications for freight proficient specifications for interoperability referred to in Directive 2001/16/EC Directing 2004/50/EC of 29 April 2004 amending Council Directive 96/48/EC and Directive 2001/16/EC Commission Decision 2006/66/EC refering the proficient specifications for interoperability relating to the subsystem turn overing stock – noise Air Transport Aircraft noise was foremost regulated by the European Commission in 1979 through Directive 80/51/EEC which was followed by Directive 89/629/EEC. The former trades with restrictions of noise emanations from subsonic aircraft registered in the district of member provinces ( which was later extended by Directive 83/206/EEC to include aircrafts from non-EU member provinces but winging to EU finishs ) , while the latter directive prohibited noisy aircraft from being registered in member provinces. Following these two directives was Directive 92/14/EEC which was based on criterions of the International Civil Aviation Organisation ( ICAO ) , to censor the noisiest aircraft from European airdromes, that is, aircrafts covered by Chapter 2 of Annex 16 to the Convention on International Civil Aviation besides known as the Chicago Convention, which aircrafts were non allowed to run in the EU after April 2002. You read "Environmental Legislation And Policy Of The Eu Engineering Essay" in category "Essay examples" Another directive based on one of ICAO ‘s declarations is Directing 2002/30/EC where it applies the rule of balanced attack to resound direction around airdromes. This attack comprises four chief elements: decrease of aircraft noise at beginning, land-use planning and direction steps, noise suspensions operational processs and runing limitations.[ 10 ] Outdoor Equipment The EU Commission drew up at least seven directives covering noise from assorted out-of-door equipment, whereby it regulated allowable noise degrees, noise degree taging affixed on the equipment, and noise measurings criterion of about 57 points ( i.e. 63 types of machinery ) . To simplify affairs the European Parliament and Council adopted Directive 2000/14/EC associating to resound emanation in the environment from equipment for usage out-of-doorss. The chief characteristics of this directive are ‘harmonisation of noise emanation bounds and criterions, harmonization of conformance appraisal processs, harmonization of noise degree marker and digest of informations on noise emanations ‘ .[ 11 ] Industrial Noise Industrial noise is covered by the Integrated Pollution Prevention and Control ( IPPC ) Directive 96/61/EC whereby member provinces ‘ governments must take the issue of noise into consideration when publishing licenses to operators of the big industrial and agricultural installings. This directive is applicable besides to bing installings that are to undergo a significant change.15 Family Appliances Noise Although the directing relating with this type of noise is rather recent and has been regulated for after Directive 2002/49 EC came into force, I think it is of import to do a speedy mention to this directive. ‘Directive 2005/32/EC established a model for the scene of eco-design demands for energy-using merchandises, provides criterions and processs regulating the proviso of accurate information on the noise degree of family application ‘ .[ 12 ] The Salient Features of Directive 2002/49/EC The range of this directive is to modulate environmental noise to which worlds are exposed in built-up countries, in public Parkss or other quiet countries†¦[ 13 ] However, this directive does non use to resound that is caused by the open individuals himself, noise from domestic activities, noise created by neighbors, noise at work topographic points or noise indoors means of conveyance or due to military activities in military countries.[ 14 ] Article 3 ( a ) of the Environmental Noise Directive ( END ) define environmental noise as unwanted[ 15 ]or harmful out-of-door sound created by human activities, including noise emitted by agencies of conveyance, route traffic, rail traffic, air traffic and from sites of industrial activity.[ 16 ] The purpose of this directive is to specify a common attack intended to avoid, prevent or cut down on a prioritised footing the harmful effects[ 17 ], including irritation, due to exposure to environmental noise. Further aims of the said directing include that information on environmental noise and its consequence is made available to the populace, there is to be noise function and besides the acceptance of action programs by the Member States. This leads me to the outstanding characteristic of END. Noise function Directing 2002/49/EC set up the construct of strategic noise function whereby appraisal is made in an country which is exposed to resound due to different noise beginnings. This is extremely regulated under Annex IV of the said Directive. By 18 July 2005 member provinces were to do available to the public information sing which is the competent authorization to pull the noise maps. Furthermore, from 30 June 2005 and thenceforth every five old ages, member provinces are to inform the Commission of the major roads which have more than six million vehicle riders a twelvemonth, railroads which have more than 60,000 train rider a twelvemonth, major airdromes and the agglomerations with more than 250,000 dwellers within their district. By 30 June 2007, strategic noise maps demoing the state of affairs of the predating twelvemonth were to be drawn up – the first phase. Then we have the 2nd phase, 30 June 2008, where once more member provinces were to inform the Commission of agglomeration with more than 100,000 dwellers, major roads with three million vehicles, major railroads with 30,000 rider and airdromes remained unchanged. Then by 30 June 2012 another set of strategic noise maps are to be drawn up demoing the sta te of affairs in the old calendar old ages. Noise maps must be reviewed, and revised if necessary, every five old ages.[ 18 ] Action programs Action programs are aimed at pull offing noise issues and effects, including noise decrease if necessary. They must run into the minimal demands set out in Annex V to the Directive. Not subsequently than 18 July 2008, action programs must be drawn up for major roads which have more than six million vehicle transitions a twelvemonth, railroads which have more than 60,000 train transitions per twelvemonth, major airdromes and agglomerations with more than 250,000 dwellers. Add to this, non subsequently than 18 July 2013, another set of action programs must be drawn up for all major agglomerations, major airdromes, major roads and major railroads. The action programs are to be reviewed when a major development occurs impacting the bing noise state of affairs, and at least every five old ages. Through the action program, the competent authorization is to pull off noise issues in mapped countries and besides protect quiet countries against an addition in noise.[ 19 ] Information for the citizen Member provinces are to guarantee that a public audience is organised and the consequences thereof are taken into history before the action programs are approved. Member provinces are to guarantee that the strategic noise maps and the action programs are made available and disseminated to the populace in conformance with Annex IV and V to Directive 2002/49/EC, thereby affecting the citizens. Decision What is the chief differentiation between the directives prior to Directive 2002/49/EC and Directive 2002/49/EC itself? For more than 30 old ages, European noise policy consisted chiefly of repairing maximal sound degrees through statute law with a position to finish the individual market. As such this has non been conceived as portion of an overall environmental noise abatement plan. As already pointed out, the directives dealt with motor vehicles, aircraft, trains and railroad, industrial machinery and family contraptions. On the other manus, Directing 2002/49/EC does non put maximal degrees of noise but aims to supply a common footing for undertaking noise jobs across the EU, therefore switching from pollution control to pollution bar[ 20 ]i.e. it seeks to harmonize noise indexs and portray the information in the signifier of noise maps and do such information available to the populace. The member states competent governments ( in Malta being the MEPA ) are to pull up strategic noise maps for major roads, railroads and airdromes and agglomerations utilizing consonant noise indexs.[ 21 ]Therefore th is directive ‘does non seek to put common Europe-wide noise bounds ‘ but ‘it will organize the footing for end puting for betterment at the EU degree and for the development of an EU scheme including steps ‘ .[ 22 ] I believe that the End came approximately because during the past 15 old ages or more there was no important betterment in exposure to environment noise particularly route traffic noise. The enlargement of high velocity rail and growing in air conveyance besides played their portion to farther addition environmental noise.[ 23 ]‘The Numberss of people populating in so called ‘grey countries ‘ has increased. It has been estimated that around 20 per centum of the Union ‘s population or shut to 80 million people suffer from noise degrees that scientists and wellness experts consider to be unacceptable. Additionally over the past two decennaries leisure activities and touristry have created new musca volitanss and new beginnings of noise ‘ .[ 24 ] Thankss to statute law and technological advancement important decreases of noise from single beginnings have been achieved. For illustration the noise from single autos has been reduced by 85 % since 1970 and the noise from lorries by 90 % . Likewise for aircraft footmark around an airdrome made by a modern jet has been reduced by a factor of 9 compared to an aircraft with 1970s engineering. Another cardinal differentiation is that of shared duty between the Community and Member States. The green paper back in 1996 held that The local nature of noise jobs does non intend that all action is best taken at local degree, as beginnings of noise are non ever of local beginning.[ 25 ] How to cite Environmental Legislation And Policy Of The Eu Engineering Essay, Essay examples

Tuesday, May 5, 2020

Electronics Contracts Communications

Question: Discuss about theElectronics Contracts for Communications. Answer: Introduction Most consumer contracts today are carried out by electronic communications[1] which are defined broadly to include major forms of communications, such as; e-mail, SMS, uploading on websites among others, that are used to facilitate electronic commerce.[2] Electronic commerce is the processing and transmission of data in commercial transactions electronically.[3] From a legal viewpoint, the major challenge arising from contacts effected by electronic means is the application of traditional principles of contract law to a system that is paperless and often encompassing different jurisdictions.[4] The legal issues arising from e-commerce include; identifying the existence of an offer and an acceptance, intention to be legally bound, identification of legal capacity and authority as well as the legislation affecting the alleged contract, especially where various jurisdictions are in place.[5] Enacted as well as unenacted law, by way of statute and judge-made case law, that constitutes Au stralian Business Law has adapted over the years to encompass e-commerce.[6]This paper aims to outline the creation of contracts by electronic means and the position of Australian law on the validity and enforceability of such contracts. This will be achieved by comparing the formation of electronic contracts to traditional contracts and analysing the difference while focusing on the legal provisions with regard to these differences. Necessities to a Contract The enforceability of a contract depends on the existence of; an offer outlining the terms, a clear acceptance by the offeree which is related efficiently to the offeror, supporting consideration or a benefit accruing to both parties, the intention to create a legally binding relationship and the legal capacity to contract.[7] According to Cheshire, Fitfoot and Furmston, an offer contains a distinct promise to be legally bound where certain conditions are met.[8] An acceptance, on the other hand, is the communication by the offeree to the offeror that they agree with the conditions set, and they accept to be legally bound by them.[9] Consideration is the price or benefit required in exchange for the promise which can be in monetary terms or otherwise.[10] In addition to consideration, it is important that parties demonstrate an intention to be legally bound by their agreement for it to suffice as a contract.[11] The final essential requirement for a contract to exist is capacity. Thi s is the expectation that contracting parties are of sound mind and have attained the legal age required to take on contractual obligations.[12] Generally, electronic contracts consist of the same features as those contained in paper contracts in that they require an agreement, consideration, intent and capacity to contract and for this reason most traditional contract law principles apply.[13] The distinguishing factors, however, lie in identifying when the agreement occurs, identifying intent, verifying identity and legal capacity of parties and determining the laws to apply should a dispute arise.[14] This is mainly because; e-contracts are paperless, not face to face and can easily be formed across borders.[15] An issue that takes up great significance today is whether electronic contracts satisfy the in writing requirement that has previously been the norm with contract law.[16] In addition to this, the verifiability of parties, especially where evidence of capacity and intention to contract is required, has proved to be a challenge over the years,[17] Time and dispatch are other distinguishing areas between paper contra cts and electronic contracts that create debate with regard to when an offer is accepted. This refers to identifying how, where and when the contract was created.[18] The questions raised in these areas provide the distinguishing features between paper contracts and electronic ones. An Offer versus an Invitation to Treat It is important to note that with relation to electronic offers, how an offer appears is more important than the intent of the offeror as the existence of an offer is determined by the interpretation of a reasonable person.[19] This, therefore, creates a thin line between what would be construed as an offer but is, in fact, an invitation to treat. It is therefore expected that business owners or vendors be careful with their wording on electronic communications as terms can unexpectedly become enforceable contracts.[20] This was illustrated in Stellard Pty Ltd Anor v North Queensland Fuel Pty Ltd [2015] QSC 119 where the court found the vendors email negotiations to constitute a valid binding contract even if they did not intend it to be so. The Law on Electronic Contracts In 1997, the Wallis Report identified the need to adopt proper internationally accepted standards of electronic commerce in Australia.[21] It made various recommendations to this effect including amending legislation to permit appropriate use of digital signatures, amending Evidence Acts to recognise electronic transactions and record-keeping as well as endorsing the public key authentication system.[22] In 1999, guided by the United Nations Commission on International Trade Laws Model Law (UNCITALs Model Law), the Commonwealth enacted the Electronic Transactions Act 1999 (ETA) (Cth) so as to develop Australias economy.[23] The Federal Attorney General at the time of its enactment stated that it would facilitate the achievement of uniform legislation so as to remove any legal restrictions facing electronic transactions.[24] Over the years, various territories and states in Australia have enacted parallel legislation, such as Electronic Transactions Act 2000 (Vic), to provide a legal framework that ensures equal treatment of paper-based as well as electronic contracts.[25] According to the ETA 1999 (Cth), facilitating a transaction electronically does not make it invalid.[26] It further allows for the submission of information electronically where it is required in writing,[27] which includes submission of a signature electronically where such is required.[28] Additionally, where the production of a document is required to facilitate a transaction, an electronic production of the required document is accepted if it can prove to maintain the integrity of the documents contents.[29] Furthermore, if written records are required of certain information, the requirement is considered fulfilled if the information is recorded in electronic form.[30] These are some of the provisions of the ETA 1999 to ensure similar treatment of paper-based commerce and electronic commerce as well as ensure non-discrimination among different technological forms.[31] As aforementioned, the in writing requirement of contract law has posed a lot of debate with regard to electronic contracts. In Mehta v J Pereria Fernandes S.A [2006] EWHC 813 (CL) the court held that an email was a memorandum of alleged agreement and thus satisfied the written requirements of the Statute of Frauds.[32] However in Segal v Donnelly [2012] NSWSC 833, Bergin CJ rejected the notion of an email constituting a memorandum under the Conveyancing Act 1919.[33] However, the position of statute is clear with regard to this requirement that a contract effected electronically, where written means are required will not be void. In order to determine the moment a contract is formed, time and dispatch of goods are to be considered.[34] The ETA 1999 (Cth) describes the time of dispatch as when electronic communication leaves the information system under the originator's control;[35] while the time of receipt is when the communication becomes retrievable by the person to whom it was sent.[36] At common law, two rules have been developed to determine the formation of a contract based on time and dispatch; these are the postal rule and the receipt rule.[37] Under the postal rule, an acceptance is considered to take effect when the letter is posted regardless of whether the offeror has received notice of the acceptance.[38] This rule was established in Adams v Lindsell (1818) 106 ER 250, where the court held that as soon as the letter of acceptance was posted, the contract was valid regardless of the delay that had causes the defendant to contract elsewhere. The receipt rule, however, considers a contract as creat ed once acceptance is received.[39] In Entorres v Miles Far East [1955] 2 QB 327 CA, the contract was considered formed when the telex was received making it subject to English law. Where communication of acceptance is instantaneous, common law requires that a contract is formed when upon receipt of acceptance.[40] Therefore, in respect to online contracts, it is expected that the receipt rule will apply as they involve real-time instantaneous communications.[41] Methods of Accepting Contracts The methods of accepting terms and conditions of a contract online include the click-wrap agreement, the browse-wrap agreements and the web-wrap agreements.[42] A click-wrap agreement occurs where the contract terms are located on the same page as the I Agree button and the customer is expected to go through them then agree to the conditions in order to continue with the service.[43] They are highly likely to be enforceable unlike the browse-wrap agreements which do not have the terms and conditions on the same page but provide a hyperlink to them.[44] Web-wrap agreements generally indicate that the internet will not interfere with contract formation.[45] In Forrest v Verizon Communications Inc. District of Columbia Courts Appeals (2002), Verizon customers had signed up for a service online which contained a click-wrap license that appeared partially in a small window on the screen. The court held that the scroll box adequately and reasonably communicated the terms to the plaintiff. The leading decision in browse-wrap cases is Specht v Netscape Communications Corp., 150 F. Supp. 2d 585 (S.D.N.Y. 2001), where the court held that please review found on the defendants site was an invitation and not a condition therefore making it unenforceable. The court in Comb v PayPal Inc. Case Number C-02-1227[46] also dismissed the validity of terms in a browse-wrap agreement where the link to the user agreement was visible but not necessary to process the application. Electronic Signatures An electronic signature is any method employed to put a signature into an electronic message.[47] UNCITRALs Model Law defines electronic signatures as electronic information, attached to a message and used to identify the signatory of the message and indicate the their approval of the information contained therein.[48] Under Australian law, electronic signatures are recognised as having the same effect on a contract as handwritten signatures.[49] The Electronic Commerce Expert Group identified the functions of a signature as reliance, record-keeping, evidentiary, channelling and cautionary.[50] However, they must satisfy some qualifications before they are considered useful. These include, consent by the recipient is required to receive information electronically, there should be a method of signing employed to identify the person sending the information and finally, the method of signing must be reliable and appropriate.[51] The qualifications applied are reflected in each of the ET As.[52] In Mehta v J Pereria Fernandes S.A [2006] EWHC, a plaintiff, now the respondent, had been awarded 25,000 in an amount allegedly guaranteed by the defendant via an unsigned email. The court held that a contract existed by virtue of the email satisfying the written requirements of the Statute of Fraud; however, the email address at the heading did not constitute an electronic signature. A typed name could, therefore, be considered as a signature but the placement of the name on the document should be considered to identify whether it may be construed that the signatory agrees and adopts the contents of the email. Verification and authentication are still a risk with electronic signatures. It is difficult to prove the identity of the signatory without witnesses and there is also a risk of alteration of the contract content even after signing.[53] In order to minimise these risks, parties are encouraged to apply digital signatures and employ digital signature certification systems.[54] Digital signatures are a subset of electronic signatures which employ encryption technology to associate a signature with hidden information used in electronic communication.[55] With digital signatures, public and private keys are generated to which identity verification as well as ensure that the content of the contracts is not altered.[56] Digital signature certificates are characterised by high-level security and employ stringent identity checks prior to their issue.[57] However, despite these measures, there remains the risk that the data regarding the parties identity is incorrect.[58] Additionally, private keys are only useful to the extent that they are kept secret.[59] Biometric authentication, IP address tracking and time stamps, among other techniques, can be applied to mitigate these risks. Mistake in Electronic Contracts The ETA 1999 (Cth) provides for mistakes in electronic contracts where a person creates an error during communication with an automated system and the system does not avail an opportunity to correct the error. The Act gives the right to withdraw the errored portion. This right is to withdraw only a portion of the errored communications does not constitute a right to rescind the contract. However, circumstances may arise that render communication ineffective as a result of a withdrawal.[60] Conclusion With the ever-changing fast-developing world of technology, legislation has had to adapt to include the concept of electronic commerce. As defined, electronic commerce is simply conducting commercial transactions via electronic devices such as computers, mobile phones, facsimiles among others. Electronic contracts have emanated from these transactions that have elicited great discourse in the legal field. In an effort to understand the formation, validity as well as enforceability of contracts created by electronic means, the study sought to analyse the formation and execution of these contracts in comparison to the traditional paper-based contracts. It is clear that the law has evolved to embrace electronic contracts. This is evidenced by the fact that an electronic contract is seen to satisfy the in writing requirement where written contracts are required. Electronic signatures are also considered in most circumstances where a wet-ink signature would be required. However, it is imp ortant to note that not all circumstances allow for an electronic contract to suffice where a written one is required. For example, as aforementioned, wills, codicils among other testaments are still required in writing. As technology continues to develop, it is expected that the law will continue to adapt accordingly. Bibliography A Articles/Books/Reports Matthew Groves, Law and Government in Australia (Federation Press, 2005). Peter Moran, The Paperless Contract (15 June 2015) Norton Gledhill https://www.nortongledhill.com.au/wp-content/uploads/2015/07/The-Paperless-Contract.pdf Alan Davidson, The Law of Eelectronic Commerce (Cambridge University Press, 2009) Philip Argy, Nicholas Martin and Mallesons Stephen Jacques, The Effective Formation of Contracts by Electronic Means (2001) https://www.austlii.edu.au/au/journals/ANZCompuLawJl/2001/33.pdf Eugene Clark, Cyber Law in Australia (Kluwer Law International, 2010). Paul Latimer, Australian Business Law (CCH Australia Limited, 2012). M.P Furmston, Geoffrey Chesire and Cecil Herbert Fitfoot, Chesire, Fitfoot and Furmstons Law of Contract (Oxford University Press, 2012). Julie Clarke, Australian Contract Law:Formation https://www.australiancontractlaw.com/law/formation.html Eugene Clark, Cyber Law in Australia (Kluwer Law International, 2010). Ewan Mckendrick and Qiao Liu, Contract Law: Australian Edition (Palgrave Macmillan, 2015). Alan L Tyree, Electronic Signatures https://austlii.edu.au/~alan/electronic-signatures.html Aashish Srivastava, Electronic Signatures for B2B Contracts: Evidence from Australia (Springer Science Business Media, 2012) Hayden Delaney and Briar Francis, Electronic Signatures and their Validity in Australian Law (2015) https://www.findlaw.com.au/articles/5777/electronic-signatures-and-their-legal-validity-in-.aspx Beatson and J. Cartwright, Ansons Law of Contract (Oxford University Press, 2016) Andy Gibson and Douglas Fraser, Business Law 2014, (Pearson Higher Education AU, 2013) Ella Van der Merwe, Sale of Land Email Exchange Forms Binding Contract of Sale (May 2015) https://www.hunthunt.com.au/SiteMedia/W3SVC1265/Uploads/Documents/CaseNote_2015-05-Stellard.pdf Andrew Lind and James Tan, Enforceability of Online Contracts in Australia Corney Lind Lawyers https://www.corneyandlind.com.au/resource-centre/commercial/enforceability-of-online-contracts-in-australia/