Thursday, 11 November 2010

Facebook


                                                       

                                            Facebook

Disadvantage of Facebook

Facebook has quickly become one of the most popular social networking websites on the internet. These days it's not only available on your computer but through most mobile devices like cell phones and 'I-Phones'. And like all things that become so popular, it has developed some downsides. Here are just some of the negative effects of using Facebook .
First and foremost Facebook is quite addictive. Once you get started you'll find yourself checking it everyday if not more. You'll be quickly hooked on reading all of your friend's updated status messages and trying to come up with interesting ones to post for yourself.
Everyday Facebook will recommend ‘people you may know' as possible friends to connect with as you spend hours going through the list looking for old high school friends or former sweethearts from past romances.
Then there are all the pictures. You'll be uploading pictures of yourself, your family, your kids, your dog, your car, etc. almost every day. Then you have to spend time adding witty and descriptions to the pictures and tag all the faces of your friends all while deciding which picture should be your default picture for today. You'll also spend hours looking at all of your friends' pictures too, leaving fun and entertaining comments for them and others to read.
One of the most addictive things on Facebook is all of the games that are available. From bowling against your friends to starting your own mob; there are literally hundreds of game applications for your Facebook account. You'll find yourself spending hours upon hours playing games against your friends instead of doing your work or spending time with your family. To say Facebook is addictive is an understatement.
Another negative effect of Facebook is how accessible it makes you. Once you have signed up for a Facebook account you have made yourself completely exposed to the world. Anyone who wants to find out anything about you will be able to find it on Facebook . If you have exes who are trying to find you, or people in your life who want to stalk you or intimidate you, they'll have easy access to do it through Facebook . Maybe you have some old friends who you don't want to talk to anymore or someone you owe money to. Facebook helps these people find you sometimes with little effort.
 Facebook can also affect you when trying to join a club or finding a new job. Many organizations and business now include social networking sites like Facebook in their background checks of potential members and employees. They'll be able to see all of your information, your age, location, whether or not you're employed somewhere else. If you're a fan of questionable type things like drugs, alcohol or pornography they might learn about it through Facebook . They'll also know if you are married or single and if you have kids or not. Plus they'll be judging you by looking at all of your pictures posted by you and friends. And if you have questionable pictures of yourself perhaps scantily dressed or involved in unprofessional things like parties and such, it could make or break you with that organization. Unfortunately most people don't realize that Facebook opens up our identity to millions of people and some of these people may use what they find against us.
The other negative effect, as with many websites online, is identity theft. Sometimes Facebook users provide too much personal information in their profiles and expert thieves can use this information to steal your identity. Listing your age, birth date, address, location, occupation, and other personal information can sometimes be all it takes for one of these deceitful people to take advantage of you. In some cases Facebook uses provide information without even realizing it. Simple things like a picture that has your car's license plate in it or posting a status message saying that you'll be on vacation for the next week; an invitation for burglars to rob your house.
You need to be very careful with what the information you allow others to see on your Facebook page. If you do it right and keep these things in mind, you'll find Facebook to be a safe and fun place to stay in touch with friends.

See: http://www.helium.com/items/1515671-bad-effects-of-facebook-identity-theft-on-facebook-background-checks-with-facebook?page=2

Facebook




                                    Facebook

Advantages of Facebook

Although many teachable moments arise because of inappropriate Facebook actions, there are some advantages to using Facebook. One advantage is that student organizations can use the Facebook for organizing and announcements, as opposed to using traditional listservs. Students can log-on at a time which is convenient for them and see what is new with the student organization, as opposed to filling their inboxes with multiple emails a day about announcements or schedule changes. Facebook can also be used to advertise events and other involvement opportunities. The ads cost between ten and twenty dollars a day, depending on the size of the institution, and can be posted by any member of an institution’s group (Facebook, 2005). One example of a successful advertisement was at the
University of Maryland when the Community Service-Learning office recently had success posting advertisements for its spring break service trip applications and found that several students had heard about the opportunity through the Facebook announcements. These advertisements seem to be more cost efficient and effective than a traditional student newspaper ad since students log-on multiple times a day to check their Facebook accounts. As students and staff continue to use the Facebook, it is certain more positive uses for the Internet community will be discovered and is important that professionals share this valuable information with one another.
Many people are setting up profiles, uploading photos and adding friends on social networking sites. For some, it is a means to keep in touch and share events with friends.

NOT taking their bath for days, forgetting to eat and not getting enough sleep are some of the signs of being addicted to Facebook. Any kind of addiction is very bad for health and mind.


Offer and Acceptence


                                              Offer and Acceptance
Offer
An offer is a promise to do or not to do something that is capable of acceptance by another person. When an offer is accepted by another person, provided that the other 3 legal requirements for a contract are made out, a legally binding contract is formed. An offer is made by an offeror to an offeree. It may only be accepted by a person who knows that it exists.
When an offer is made, it may (1) lapse; (2) be rejected; or (3) be revoked prior to acceptance [subject to any conditions attached to the offer]; or (4) a counteroffer may be made, which automatically rejects the offer preceding it. These events are important in the context of contract disputes as it is the order of events that determines the extent of any contractual relationship between the parties in the circumstances. For instance if an offer is met by a counter offer, the original offer cannot form part of the contract, as it has been implicitly rejected at law.
Invitation to Treat
An invitation to treat should be distinguished from an offer. An invitation to treat is an invitation for someone to make offers in respect to the particular goods or services. An invitation to treat thus cannot be accepted to form a legally binding contract. Invitations to treat and offers should be differentiated from a declaration of intention, which is a statement that offers will be invited in the future.
Acceptance
Acceptance of an offer creates a legally binding contract provided that any persisting prerequisites are satisfied. An offer may be accepted any means, however if the offer specifies the means by which it must be accepted, then only that method will suffice to perfect the formation of the contract.
Acceptance is usually communicated either orally or in writing. It may be inferred by the conduct of the parties. It is not open for the offeror to say that the offer will be treated as accepted by the offeree unless he hears differently from them. Mere silence and inaction is inadequate to constitute an acceptance.
Acceptance must take place while the offer is in force. It must be on the same terms as the offer. Where there is a variance between the offer and the purported acceptance, the purported acceptance is treated as a counter offer.
Furthermore, acceptance must be unconditional; that is to say for example if some further step is required, then the communication will not be considered an acceptance. For instance, if the offeree states the acceptance is subject to contract, the communication cannot be considered an acceptance as another step would be required to properly form the contract. Lastly, the acceptance must be communicated to the offeror. Communications (email, facsimile, SMS message or text message) are equally effective from the time they are received by the offeror. Acceptance made by letter may be considered effective when the letter was posted, rather than when it was received by the offeror (the ‘Postal Acceptance Rule’)
See: http://www.gillhams.com/dictionary/538.cfm

Wednesday, 10 November 2010

The Street Hawker




                 Street Hawker in Bangladesh

The number of street vendors in Bangladesh is large. Dhaka
is the capital of Bangladesh and also its largest city. According
to the Dhaka City Corporation there are around 90,000 street
vendors in the city.1 They operate mainly in Motijheel, Baitul
Mukarram, Gulistan, Shahbagh and New Market Areas. Street
vending is considered an illegal trade and the street vendors face
constant harassment from the authorities. The vendors have to
pay a sizeable part of their income as bribes in order to keep
plying their trade. According to one report,2 vendors in the New
Market area pay Tk 2,00,000 a month to a gang that shares the
collection with the law-enforcement agency. Each vendor in this
area pays around Tk 200 a month to run their business. In other
areas such as Baitul Mukarram, GPO and Purana Paltan vendors
pay the police Tk 5 daily to avoid harassment.
According to the Bangladeshi delegates who had attended the
Asian Regional Workshop on Street Vendors held on February
10-12, 2002 in Bodh Gaya, India,3 the street vendors of Bangladesh
were more vulnerable than those in the neighbouring countries
due to poverty, lack of space for vending and lack of awareness
about their rights. The positive aspect is that there is a fair level
of unionisation among them. There are several unions working
among street vendors. The most important is the Bangladesh
Hawkers’ Federation as it is linked to the trade union federation
of the ruling Bangladesh National Party. The federation has been
negotiating with the government for a policy on street vendors.
The first step towards this direction is of forging alliances with
other trade unions of street vendors so that a national alliance
emerges. This can in turn pressurise the government to take up
the issue of a national policy for street vendors. However till
such a consensus emerges, the street vendors in Bangladesh will
constitute a major section of food vendors in Dhaka, the male
vendors depend on the women in their household for preparing
the items for sale.
The study notes that street food effectively meets the requirements
of a large section of the economically active urban population.
At the same time the vendors are frequently victimised
by the police, public health institutions, local government authorities
etc. They are also denied institutional credit facilities
that could help them increase their income. They have to rely
exclusively on social networks for running their business.








The Street beggar




                            The Street Beggar in Pakistan

Beggars are very common in Pakistan. They are found in almost every village, town and city of Pakistan. The main centers of their activity are the places of worship and bazaars. They squat on the sides of the roads in front of the mosques and other places of hectic activity. They roam from street to street, from one locality to another and beg for alms food and money. They accept whatever is given to them sometimes they pursue the people so doggedly that people are fed up with them.
Some give alms to beggars in order to ward off the nuisance and not out of charity. Some beggars are so hale and hearty, so young and healthy that they do not deserve charity at all. The deserving cases are few those who are cripples or lame, deaf or dumb, blind or handicapped, they are incapacitated and cannot earn their living. Some are in such a pathetic plight that they evoke pity and compassion. Such crippled beggars are well-versed in the art of singing voice. Their sweet voice attracts the passers by. Such beggars are found in trains and buses and they enthrall the travelers by their religious and devotional songs and poems.
Sometimes one comes across a deaf or dumb beggar lifting blind or lame beggar on his back and begging for alms. It is also usual to see a leper placed on a low cart and carried from place to place. These beggars know human psychology and work according to that.
But most of the beggars live on the generosity of women. These beggars never miss religious gatherings and other festivals. Some wear only a loin cloth. Others besmear themselves with ashes have long hair and pair of tongs. Some meditate under a tree. But many are cheats and hypocrites. These beggars deceive the innocent women and at items rob them.
The number of beggars in
Pakistan is rising. These beggars live on the earnings of others. It is really a curse that even able-bodied citizens of Pakistan resort to begging. They indulge in various vices like drinking and gambling. Their bodies are diseased. They carry with them infection and roam from place to place and thus are responsible to a large extent for spreading epidemics.
Begging should be banned in
Pakistan by law. A legislation must be enacted to put an end to this profession. However deserving cases should be helped and others should be given gainful employment. Street begging is really a great nuisance. Now-a-days people are not moved by any religious consideration. So beggars are not treated as they hope to be treated.


Monday, 8 November 2010

Promissory estoppel

                         

Central London Property Trust Ltd v High Trees Ltd (1947)

Fact
Central London Property Trust (CLPT) owned a block of flats which it leased for £2250 to High Trees Ltd (HT), and which became known as `High Trees House'. HT's plan was to let the flats individually to tenants. However, the war meant that demand was slack and HT negotiated a reduction in the cost of the lease to £1250 for the period 1940-1945. After the war the demand increased and the flats were all let. CLPT attempted to recover the full cost of the lease, as per the original agreement, claiming that there was no Consideration from HT to support the agreement for the reduced rates. The absence of consideration was not in dispute, and under a strict interpretation of the common law on contracts CLPT would have been able to enforce their rights to full lease value. However, Lord Justice Denning ruled that the agreement to reduce the rent was a promise, and HT had acted on that promise. If CLPT were allowed to enforce their rights then the fact that HT had acted on the promise would be to its detriment (because they would have to pay full price when most of the flats were unlet), and CLPT could be made subject to a promissory estoppel.
Decision:
This case (Central London Property Trust Ltd v High Trees Ltd [1947] KB 130) formed the basis of the modern interpretation of the doctrine of Promissory Estoppel, as applied to a Contract. The judgement has attracted a fair amount of criticism and a number of attempts at exploitation; nevertheless, it attempts to right an obvious injustice, using a principle of equity that has been around for centuries.
Resource:
Law Student Forum  
 

Sunday, 7 November 2010

SAVE WATER


SAVE WATER   SAVE LIFE
                                              

                                                    SAVE   WATER

Introduction

The world is at a stage where the amount of water that can be used is shrinking alarmingly. According to some estimates in the next 50 years, the growth in the world population will lead to the decrease in drinking water by 40%, which will further decrease if the current rate of wastage continues. Though it seems that the earth is surrounded by water, it is only a small percentage that is usable and most of this is locked in glaciers and ice caps. Of this usable water, only a tiny percentage is drinkable. Another reason to save water is that to convert water into usable or drinking condition requires enormous expense and the use of other natural resources. The more you waste, the more negative impact it has on the environment. It can assume that two-thirds of the population is left without safe drinking water.


People waste water in their homes without even realizing it. We have become so accustomed to have a 24 hour supply of water to meet all of our needs from cooking, to cleaning, to drinking, that we sometimes forget that we do not have an infinite supply of water. Besides using renewable energy in the home to cut back on the use of electricity, we must also learn how to save our water supply.

Why Save Water

According to The Environment Agency, we only have 1,334 cubic metres (m³) of water per person per year in the UK — much less than France (3,065m³) or even Mediterranean countries like Italy (2,785m³) and Spain (2,775m³). This is due mainly to population density but also to where the rain falls. South-East England has even less water per person and the Thames Valley has only 266m³ — a fifth of the UK average.
A running tap uses 6 liters (1,000 liters = 1m³) of water a minute; a shower can use anywhere between 10-45 liters per minute; a hosepipe up to 1,000 liters per hour. Old toilet tank use as much as 14 liters per flush; new dual-flush models use as little as 2.6 and 4 liters per flush.
Average UK consumption is 150 liters of water per person per day, about one third of which is wasted, flushed straight down the plug hole or the toilet. We use almost 50% more water than 25 years ago, mostly because we shower more often, use power showers and have more water-using household appliances. The figure is still rising by a steady 1% per year while annual average rainfall remains fairly constant.

How to Save Water
  • Fix all your leaky taps. Taps that drip water is one of the main reasons of water wastage. It can assume, taps that drip one drop per second waste approximately 7000 liters per year. So, if we can fix all the pipes and taps, that drip, then we can save a lot of water.
  • Also, periodically checking water systems for any leaks can save water.
  • Do not wash dishes and clothes in running water. Instead, fill the sink or the bucket with water and rinse dishes and clothes in it. This will greatly minimize the loss of water. In this way, we can save up to 1000 gallons of water a month.
  • Use those refrigerators and air conditioners that are upgraded with water saving technology.
  • When washing cars or watering plants, do not use the hose. Instead, wash with a sponge and a bucket of water. Similarly, it is more efficient if we water the plants with a mug. When washing or watering it is always better to use the waste water instead of throwing it down the drain.
  • When washing vegetables and fruits it is better to wash them in a bowl of water rather than in running water. This water can then be used to wash your house or watering your plants.
  • Fish tanks must be cleaned regularly. Do not throw the water from the fish tanks. Instead, use it for gardening, as this water is also nutrient rich.
  • Upgrade our toilets in water efficient models.
  • Instead of using running water to defrost food, use the microwave.

Conclusion:

Finally considering this, the simple act of keeping the tap turned off while brushing saves around 25 gallons of water a month. That is why, it is necessary that we save every drop so that one day humanity does not vanish because of the lack of a single drop. So it is very important to save water. We can not live in the world without water. It  is my message  to everyone that save water as much as you can to live in the world.

RESOURCES:





Friday, 5 November 2010

Child Labour


Child Labour
According to the Convention on the Rights of the Child, Article 32.1Child labour means, work done by children under the age of 18 which interferes with his/her education, harmful to their health or physical, mental, spiritual, moral or social development.
Worst form of Child Labour include prostitution, pornography, drugs-related work, child trafficking, children used in armed conflict, domestic slavery etc.
Reasons
The main reasons are family breakdown, poverty, minority group, war & natural disasters.
http://www.unicef.org.uk/publications/pdf/ECECHILD2_A4.pdf

Child Labour all over the world
61% in Asia, 32% in Africa, and 7% in Latin America, 1% in US, Canada, Europe and other wealthy nations, In Asia, 22% and in Latin America, 17% of the workforce is children.http://www.childlaborphotoproject.org/childlabor.html

UNICEF 
Works all over the world to protect children from harm like, affectted by violence, abuse, exploitation particularly to the girls so that they can attend school.  UNICEF pressurizes governments to increase expenditure on children welfare and raises funds. www.unicef.org.uk/publications/pdf/ECECHILD2_A4.pdf
 1973 Minimum Age Convention 138: Establishes the obligation for countries to work towards a minimum age of 15 for legal employment.
1999 Elimination of the Worst Forms of Child Labour Convention 182: Governments are bound to pass preventing laws by ratifying convention 182.
The UN Convention on the Rights of the Child (CRC): convention gives children’s some rights such Article 19: Children will be protected from all kind of Physical or mental violence, injury or abuse, negligence and exploitation.
Article 27: Right of adequate living for Physical, mental, moral and social development
Article 28 and 29: Right to education
Article 31: Right to play
Article 32: Right to be protected from economic exploitation and from performing hazardous work
Article 38: Prohibited from being recruited into arm forces or direct participating in hostility.
Coroners and Justice Act 2009: According to section 71, if a person holds someone in slavery or servitude or force to perform compulsory labour then the maximum punishment is 14 years imprisonment. The offence must be interpreted in accordance with Article 4 of the European Convention on Human Rights.http://www.justice.gov.uk/news/newsrelease250310c.htm
Child Labour(Prohibition and Regulation)Act 1986 (India): Children under 14 could not be employed in hazardous occupations. <http://www.indianchild.com/child_labor_india.htm>
 Labour Act 2006 (Bangladesh) sets the minimum age for work to 14 years and 18 years for hazardous work.

Conclusion
Child Labour is a curse to the society and economy. Along with the government we also have to know about our responsibilities and should take corrective measure to stop child labour so that we can get a better developed society.



Resources:
1. www.unicef.org.uk/publications/pdf/ECECHILD2_A4.pdf
3. www.unicef.org.uk/publications/pdf/ECECHILD2_A4.pdf



First Case of Judicial Review

First Case of Judicial Review

Marbury v. Madison (1801)

Facts of the Case:
The case began on March 2, 1801, when an obscure Federalist, William Marbury, was designated as a justice of the peace in the District of Columbia. Marbury and several others were appointed to government posts created by Congress in the last days of John Adams's presidency, but these last-minute appointments were never fully finalized. The disgruntled appointees invoked an act of Congress and sued for their jobs in the Supreme Court. http://www.oyez.org/cases/1792-1850/1803/1803_0/
Decision:
First decision by the Supreme Court to declare a law unconstitutional (1803).

• At the very end of his term, President John Adams had made many federal appointments, including William Marbury as justice of the peace in the District of Columbia.
• Thomas Jefferson, the new president, refused to recognize the appointment of Marbury.
• The normal practice of making such appointments was to deliver a "commission," or notice, of appointment. This was normally done by the Secretary of State. Jefferson's Secretary of State at the time was James Madison.
• At the direction of Jefferson, Madison refused to deliver Marbury's commission. Marbury sued Madison, and the Supreme Court took the case.
• Chief Justice John Marshall wrote that the Judiciary Act of 1789, which spelled out the practice of delivering such commissions for judges and justices of the peace, was unconstitutional because it the gave the Supreme Court authority that was denied it by Article III of the Constitution. Thus, the Supreme Court said, the Judiciary Act of 1789 was illegal and not to be followed.
This was the first time the Supreme Court struck down a law because it was unconstitutional. It was the beginning of the practice of "judicial review."
http://www.socialstudiesforkids.com/wwww/us/marburydef.htm

Source:
http://www.oyez.org/cases/1792-1850/1803/1803_0/
http://www.socialstudiesforkids.com/wwww/us/marburydef.htm

Wednesday, 3 November 2010

FOB CONTRACT

    FOB literally means Free on Board. "FOB port" means, seller pays for transportation of the goods to the port of shipment, plus loading costs. The buyer pays cost of marine freight transport, insurance, unloading, and transportation from the arrival port to the final destination.
      Devalin J in the case of El Amria and El Minia approved three types of FOB contracts. Simple FOB is a contract of carriage arranged either by the buyer himself or via agents. The next one is Classic FOB where the buyer has to nominate the vessel of shipment and take out insurance if necessary. Lastly , FOB with Additional Services, where the seller makes the arrangement for carriage and sometimes for insurance in his name, but he does this for the buyer.
Buyer’s Duties:
a)       Nominate a sustainable vessel for the goods and voyage and also bear all risk and cost from the time of delivery of goods on board ship.
b)       Have to make payment for the goods.
Seller’s Duties:
a)       Package and supply goods appropriately.
b)       Pay all the cost up to delivery and loading of the goods and has to provide the proof of delivery and other information to the buyer to ensure goods.
Buyer’s Advantages:
a)       Determines the speed and cost of the cargo’s transport.
b)       Does not need to examine the goods on delivery on board in order to reserve his right to rejection (SOGA (1979) ss34 & 35)
c)       If there is allowance agreement between the parties and any defect cause outside this the buyer can reject the goods or documents.
Buyer‘s Disadvantage:
a)       Buyer need to nominate the ship or vessel for loading and failure to do so may repudiate the simple FOB contract.
b)       In case of any substitution of vessel for loading, buyer has to bear all additional expenses.
Seller’s Advantages:
a)       Only responsible for the stage of loading operation until the goods pass the ship rail.
b)       The risk and property generally passed on shipment.
c)       Spent low transport cost and limited liability for cargo under this term.
Seller’s Disadvantages:
a)       If buyer takes out insurance for the cargo the seller is not privy to the contract.
b)       If goods are lost or damaged in transit the buyer may reject the goods validity and the seller will bear the loss.
c)       If the seller had also taken out insurance under the extended fob, rights to claim for the insurance will transfer to buyer (MIA 1906, s50)

To conclude it may say that under a FOB contract the buyer bears the risk of fluctuations in freight rates and insurance premiums. In FOB contracts it needs to use the Sale of Goods Act. However under this contract both parties the buyer and the seller have some duties and also advantages and disadvantages. So in making a contract sometimes it is helpful for the buyer and sometime for the seller.

Fair Trade

The concept of fair trade began in the 1940’s with some shops and church groups in the US and Europe selling products made by Chinese refugees or poor Puerto Rican communities. Such initiatives were called Alternative Trade Organisations. It began with crafts, and included food (sugar initially) in the 1960’s. In 1980 there was more organisational approach to fair trade.  
Understanding of  the underlying principles of  Fair Trade is crucial,has adoption of  processes in isolation from those principles, risks losing an important element of the overall philosophy that has been developed through experience and dialogue  by  Fair  Trade  Organizations  over  many  years. In Fair Trade, it  is  unquestionable  that  effectiveness  is  enhanced  not  just  through  what  an organisation does, but also why and how they do it.  FLO also says it has trademarked the term "fair trade" in about 44 countries and has contacted several companies that were using the term on noncertified goods to "try to reason with them," says Managing Director Luuk Laurens Zonneveld. "Until now it's worked fairly well."  
Oxfam believes that change is possible. The international trading system is not a force of nature. It is a system of exchange, managed by rules and institutions that reflect political choices. Ultimately, there is a clear choice to be made. We can choose to allow unfair trade rules to continue causing poverty and distress, and face the consequences, or can change them. We can allow globalisation to continue working for the few, rather than the many, or we can forge a new model of inclusive globalisation, based on shared values and principles of social justice. The choice is ours. And the time to choose is now.
Finally ,it may say  that literally fair trade is very much fair but in practically it is not fair. So  the organization who are working on this point need to work hard for the development.