1.
Developed country
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Which criteria are to be used and which countries can be classified as being developed are subjects of debate. Developed countries have post-industrial economies, meaning the sector provides more wealth than the industrial sector. They are contrasted with developing countries, which are in the process of industrialization, or undeveloped countries, which are pre-industrial and almost entirely agrarian. As of 2015, advanced economies comprise 60. 8% of global GDP based on values and 42. 9% of global GDP based on purchasing-power parity according to the International Monetary Fund. In 2015, the ten largest advanced economies by GDP in both nominal and PPP terms were Australia, Canada, France, Germany, Italy, Japan, South Korea, Spain, the United Kingdom, and the United States. The term industrialized country may be ambiguous, as industrialization is an ongoing process that is hard to define. The first industrialized country was the United Kingdom, followed by Belgium, later it spread further to Germany, United States, France and other Western European countries. According to some such as Jeffrey Sachs, however, the current divide between the developed and developing world is largely a phenomenon of the 20th century. Economic criteria have tended to dominate discussions, one such criterion is income per capita, countries with high gross domestic product per capita would thus be described as developed countries. Another economic criterion is industrialization, countries in which the tertiary and quaternary sectors of industry dominate would thus be described as developed. More recently another measure, the Human Development Index, which combines an economic measure, national income, with other measures, indices for life expectancy and this criterion would define developed countries as those with a very high rating. According to the United Nations Statistics Division, There is no established convention for the designation of developed, the UN HDI is a statistical measure that gauges a countrys level of human development. While there is a correlation between having a high HDI score and a prosperous economy, the UN points out that the HDI accounts for more than income or productivity. Unlike GDP per capita or per capita income, the HDI takes into account how income is turned into education and health opportunities, since 1990, Norway, Japan, Canada and Iceland have had the highest HDI score. The top 47 countries have scores ranging from 0.793 in Barbados to 0.955 in Norway, many countries listed by IMF or CIA as advanced, possess an HDI over 0.788. Many countries possessing an HDI of 0.788 and over are also listed by IMF or CIA as advanced, thus, many advanced economies are characterized by an HDI score of 0.9 or higher. Since April 2016, the IMF classifies Macau as an advanced economy, the latest index was released on 14 December 2015 and covers the period up to 2014. The following are the 49 countries in the top quartile - having an HDI above 0.8, = Increase = No increase or decrease = Decrease The number in parentheses represents the number of ranks the country has climbed relative to the ranking in 2014 report
2.
Free market
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Another view considers systems with significant market power, inequality of bargaining power, or information asymmetry to be less than free. It is a result of a need being, then the need being met, prices for goods and services are set freely by the forces of supply and demand and are allowed to reach their point of equilibrium without intervention by government policy. Others believe regulation might be part of a market, if the regulation is necessary to control significant market power, inequality of bargaining power. The latter view implies a free market is not necessarily deregulated, although some of those with the former belief speak of free markets, friedrich Hayek argued in The Pure Theory of Capital that the goal is the preservation of the unique information contained in the price itself. The definition of free market has been disputed and made complex by collectivist political philosophers, during the marginal revolution, subjective value theory was rediscovered. Various forms of socialism based on free markets have existed since the 19th century, early notable socialist proponents of free markets include Pierre-Joseph Proudhon, Benjamin Tucker, and the Ricardian socialists. These economists believed that free markets and voluntary exchange could not exist within the exploitative conditions of capitalism. Advocates of free-market socialism such as Jaroslav Vanek argue that free markets are not possible under conditions of private ownership of productive property. Socialists also point out that free market capitalism leads to excessive disparities in the distribution of income, corporate monopolies run rampant in free markets, with endless agency over the consumer. Thus, free market capitalism desires government regulation of markets to prevent social instability and this implies that economic rents, i. e. profits generated from lack of perfect competition, must be reduced or eliminated as much as possible through free competition. Economic theory suggests the returns to land and other resources are economic rents that cannot be reduced in such a way because of their perfect inelastic supply. Some economic thinkers emphasize the need to share those rents as a requirement for a well functioning market. It is suggested this would eliminate the need for regular taxes that have a negative effect on trade as well as release land. Two features that improve the competition and free market mechanisms, winston Churchill supported this view by his statement Land is the mother of all monopoly. The American economist and social philosopher Henry George, the most famous proponent of this thesis, followers of his ideas are often called Georgists or Geoists and Geolibertarians. Léon Walras, one of the founders of the neoclassical economics who helped formulate the general theory, had a very similar view. He argued that competition could only be realized under conditions of state ownership of natural resources. Additionally, income taxes could be eliminated because the state would receive income to public services through owning such resources and enterprises
3.
Rights
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Rights are of essential importance in such disciplines as law and ethics, especially theories of justice and deontology. According to the Stanford Encyclopedia of Philosophy, rights structure the form of governments, the content of laws, there is considerable disagreement about what is meant precisely by the term rights. One way to get an idea of the understandings and senses of the term is to consider different ways it is used. Natural rights are rights which are natural in the sense of not artificial, not man-made, as in rights deriving from deontic logic, from human nature, or from the edicts of a god. They are universal, that is, they apply to all people and they exist necessarily, inhere in every individual, and cant be taken away. For example, it has argued that humans have a natural right to life. These are sometimes called moral rights or inalienable rights, legal rights, in contrast, are based on a societys customs, laws, statutes or actions by legislatures. An example of a right is the right to vote of citizens. Citizenship, itself, is considered as the basis for having legal rights. Legal rights are called civil rights or statutory rights and are culturally and politically relative since they depend on a specific societal context to have meaning. Some thinkers see rights in one sense while others accept that both senses have a measure of validity. There has been considerable debate about these senses throughout history. A claim right is a right which entails that another person has a duty to the right-holder. In logic, this idea can be expressed as, Person A has a claim that person B do something if, every claim-right entails that some other duty-bearer must do some duty for the claim to be satisfied. This duty can be to act or to refrain from acting, likewise, in jurisdictions where social welfare services are provided, citizens have legal claim rights to be provided with those services. A liberty right or privilege, in contrast, is simply a freedom or permission for the right-holder to do something and this can be expressed in logic as, Person A has a privilege to do something if and only if A has no duty not to do that something. Likewise, if a person has a right against someone else. For example, a person has a liberty right to walk down a sidewalk and can decide whether or not to do so
4.
Consumers
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A consumer is a person or organization that uses economic services or commodities. In economic systems consumers are utilities expressed in the decision to trade or not, the consumer is the one who pays to consume goods and services produced. As such, consumers play a role in the economic system of a nation. Without consumer demand, producers would lack one of the key motivations to produce, the consumer also forms part of the chain of distribution. The law primarily uses the notion of the consumer in relation to protection laws. As of all voters are also consumers, consumer protection takes on a clear political significance. Concern over the interests of consumers has also spawned activism, as well as incorporation of consumer education into school curricula, there are also various non-profit publications, such as Which. Consumer Reports and Choice Magazine, dedicated to assist in education and decision making. In India, the Consumer Protection Act 1986 differentiates the consummation of a commodity or service for use or to earn a livelihood. Only consumers are protected per this act and any person, entity or organization purchasing a commodity for commercial reasons are exempted from any benefits of this act, U. S. Government National Consumer Protection Week
5.
Fair trade
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Fair trade is a social movement whose stated goal is to help producers in developing countries achieve better trading conditions and to promote sustainable farming. Members of the movement advocate the payment of prices to exporters. The movement seeks to promote equity in international trading partnerships through dialogue, transparency. It promotes sustainable development by offering better trading conditions to, and securing the rights of, Fair trade is grounded in three core beliefs, first, producers have the power to express unity with consumers. Secondly, the trade practices that currently exist promote the unequal distribution of wealth between nations. Lastly, buying products from producers in developing countries at a price is a more efficient way of promoting sustainable development than traditional charity. Specifically, fair trade is a partnership, based on dialogue, transparency, and respect. There are several recognized fair trade certifiers, including Fairtrade International, IMO, Make Trade Fair, in 2008, Fairtrade International certified approximately of products. The World Trade Organization publishes annual figures on the trade of goods. The fair trade movement is popular in the UK, where there are 500 Fairtrade towns,118 universities, over 6,000 churches, according to Fairtrade International, nearly six out of ten consumers have seen the Fairtrade mark and almost nine in ten of them trust it. Some criticisms have been raised about fair trade systems, some research indicates that the implementation of certain fair trade standards can cause greater inequalities in some markets where these rigid rules are inappropriate for the specific market. In the Fair trade debate there are complaints of failure to enforce the fair trade standards, with producers, cooperatives, there are a large number of fair trade and ethical marketing organizations employing different marketing strategies. Most fair trade marketers believe it is necessary to sell the products through supermarkets to get a sufficient volume of trade to affect the developing world, the Fairtrade brand is by far the biggest of the fair trade coffee brands. Packers in developed countries pay a fee to The Fairtrade Foundation for the right to use the brand and logo, packers and retailers can charge as much as they want for the coffee. The coffee has to come from a fair trade cooperative. Additionally, the cooperatives are paid an additional 10c per lb premium by buyers for community development projects, the cooperatives can, on average, sell only a third of their output as fair trade, because of lack of demand, and sell the rest at world prices. The exporting cooperative can spend the money in several ways, some is spent on social projects such as building schools, health clinics and baseball pitches. Sometimes there is left over for the farmers
6.
Marketplace
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The MarketPlace Limited is a grocery store chain in Bermuda. As of 2011 the chain had eight locations, the corporate headquarters is located within the chains Hamilton MarketPlace location, the largest grocery store in Bermuda. The MarketPlace caters to both Bermuda residents and to vacationers, the chain was founded by the Crisson Family in 1939, and was originally called Piggly Wiggly Limited, with each store having the name Piggly Wiggly. In 1946 the company was purchased by the Pimental Family, in 1981 the chain was renamed The MarketPlace Ltd. with the five stores following suit. In 1987 the chain acquired the A-1 Paget and A-1 Smith stores, in 1994 the chain acquired the Shopping Centre Limited grocery store. The MarketPlace Category, Bermuda in World War II
7.
Fraud
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In law, fraud is deliberate deception to secure unfair or unlawful gain, or to deprive a victim of a legal right. Fraud itself can be a wrong, a criminal wrong or it may cause no loss of money, property or legal right. The purpose of fraud may be monetary gain or other benefits, a hoax is a distinct concept that involves deliberate deception without the intention of gain or of materially damaging or depriving a victim. In common law jurisdictions, as a wrong, fraud is a tort. Proving fraud in a court of law is said to be difficult. In cases of a fraudulently induced contract, fraud may serve as a defense in an action for breach of contract or specific performance of contract. Fraud may serve as a basis for a court to invoke its equitable jurisdiction, in common law jurisdictions, as a criminal offence, fraud takes many different forms, some general and some specific to particular categories of victims or misconduct. The elements of fraud as a crime similarly vary, section 380 of the Criminal Code provides the general definition for fraud in Canada,380. In addition to the penalties outlined above, the court can issue a prohibition order under s.380.2. It can also make an order under s.380.3. The Canadian courts have held that the offence consists of two elements, A prohibited act of deceit, falsehood or other fraudulent means. The Supreme Court of Canada has held that deprivation is satisfied on proof of detriment, prejudice or risk of prejudice, it is not essential that there be actual loss. Deprivation of confidential information, in the nature of a secret or copyrighted material that has commercial value, has also been held to fall within the scope of the offence. The BBC World Service reported in 2012 that the value lost through fraud in the UK was £66 billion a year. According to a review by the UK anti-fraud charity Fraud Advisory Panel business fraud accounted for £144bn, the FAP has been particularly critical of the support available from the police to victims of fraud in the UK outside of London. In July 2016 it was reported that fraudulent activity levels in the UK increased in the 10 years to 2016 from £52 billion to £193bn. This figure would be an estimate, since as the former commissioner of the City of London Police, Adrian Leppard, has said. Donald Toon, director of the NCAs economic crime command, stated in July 2016, Fraud affects one in ten people in the UK
8.
Consumer
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A consumer is a person or organization that uses economic services or commodities. In economic systems consumers are utilities expressed in the decision to trade or not, the consumer is the one who pays to consume goods and services produced. As such, consumers play a role in the economic system of a nation. Without consumer demand, producers would lack one of the key motivations to produce, the consumer also forms part of the chain of distribution. The law primarily uses the notion of the consumer in relation to protection laws. As of all voters are also consumers, consumer protection takes on a clear political significance. Concern over the interests of consumers has also spawned activism, as well as incorporation of consumer education into school curricula, there are also various non-profit publications, such as Which. Consumer Reports and Choice Magazine, dedicated to assist in education and decision making. In India, the Consumer Protection Act 1986 differentiates the consummation of a commodity or service for use or to earn a livelihood. Only consumers are protected per this act and any person, entity or organization purchasing a commodity for commercial reasons are exempted from any benefits of this act, U. S. Government National Consumer Protection Week
9.
Ombudsman
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In some countries an Inspector General, Citizen Advocate or other official may have duties similar to those of a national ombudsman, and may also be appointed by a legislature. Below the national level an ombudsman may be appointed by a state, unofficial ombudsmen may be appointed by, or even work for, a corporation such as a utility supplier, newspaper, NGO, or professional regulatory body. The typical duties of an ombudsman are to investigate complaints and attempt to resolve them, Ombudsmen sometimes also aim to identify systematic issues leading to poor service or breaches of peoples rights. At the national level, most ombudsmen have a mandate to deal with the entire public sector. In some cases, there is a more restricted mandate, for example with particular sectors of society, more recent developments have included the creation of specialized Childrens Ombudsman and Information Commissioner agencies. In some jurisdictions an ombudsman charged with handling concerns about government is more formally referred to as the Parliamentary Commissioner. In many countries where the ombudsmans responsibility includes protecting human rights, the post of ombudsman had by the end of the 20th century been instituted by most governments and by some intergovernmental organizations such as the European Union. A prototype of ombudsmen may have flourished in China during the Qin Dynasty, the Roman Tribune had some similar roles, with power to veto acts that infringed upon the Plebeians. Another precursor to the ombudsman was the Turkish Diwan-al-Mazalim which appears to go back to the caliph, Umar. They were also attested in Siam, India, the Liao dynasty, Japan, an indigenous Swedish, Norwegian, and Danish term, ombudsman is etymologically rooted in the Old Norse word umboðsmaðr, essentially meaning representative. In the Danish Law of Jutland from 1241, the term is umbozman, from 1552, it is also used in the other Scandinavian languages such as the both Icelandic and Faroese umboðsmaður, the Norwegian ombudsmann/ombodsmann and the Swedish ombudsman. The Swedish speaking minority in Finland uses the Swedish terminology, the predecessor of the Swedish Parliamentary Ombudsman was the Office of Supreme Ombudsman, which was established by the Swedish King, Charles XII, in 1713. Charles XII was in exile in Turkey and needed a representative in Sweden to ensure that judges and civil servants acted in accordance with the laws, if they did not do so, the Supreme Ombudsman had the right to prosecute them for negligence. In 1719 the Swedish Office of Supreme Ombudsman became the Chancellor of Justice, the word ombudsman and its specific meaning have since been adopted in various languages, including Spanish, Dutch and Czech. The German language uses Ombudsmann, Ombudsfrau and Ombudsleute, notable exceptions are French and Finnish, which use translations instead. Modern variations of this term include ombud, ombuds, ombudsperson, or ombudswoman, if the ombudsman finds a complaint to be substantiated, the problem may get rectified, or an ombudsman report is published making recommendations for change. Further redress depends on the laws of the concerned. Ombudsmen in most countries do not have the power to initiate legal proceedings or prosecution on the grounds of a complaint, the major advantage of an ombudsman is that he or she examines complaints from outside the offending state institution, thus avoiding the conflicts of interest inherent in self-policing
10.
Federal Trade Commission
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The Federal Trade Commission is an independent agency of the United States government, established in 1914 by the Federal Trade Commission Act. Its principal mission is the promotion of consumer protection and the elimination and prevention of anticompetitive business practices, the Federal Trade Commission Act was one of President Woodrow Wilsons major acts against trusts. Trusts and trust-busting were significant political concerns during the Progressive Era. Since its inception, the FTC has enforced the provisions of the Clayton Act, over time, the FTC has been delegated with the enforcement of additional business regulation statutes and has promulgated a number of regulations. He would make the first speech on the House floor advocating its creation on February 21,1912, though the initial bill did not pass, the questions of trusts and antitrust dominated the 1912 election. With the 1912 presidential election decided in favor of the Democrats and Woodrow Wilson, the national debate culminated in Wilsons signing of the FTC Act on September 26, with additional tightening of regulations in the Clayton Antitrust Act three weeks later. The new Federal Trade Commission would absorb the staff and duties of Bureau of Corporations, previously established under the Department of Commerce, the following table lists commissioners as of March 2017. Recent former commissioners were, The Bureau of Consumer Protections mandate is to protect consumers against unfair or deceptive acts or practices in commerce, with the written consent of the Commission, Bureau attorneys enforce federal laws related to consumer affairs and rules promulgated by the FTC. Its functions include investigations, enforcement actions, and consumer and business education, areas of principal concern for this bureau are, advertising and marketing, financial products and practices, telemarketing fraud, privacy and identity protection, etc. The bureau also is responsible for the United States National Do Not Call Registry, under the FTC Act, the Commission has the authority, in most cases, to bring its actions in federal court through its own attorneys. In some consumer protection matters, the FTC appears with, or supports, the Bureau of Competition is the division of the FTC charged with elimination and prevention of anticompetitive business practices. It accomplishes this through the enforcement of antitrust laws, review of proposed mergers, the FTC shares enforcement of antitrust laws with the Department of Justice. The FTC investigates issues raised by reports from consumers and businesses, pre-merger notification filings, congressional inquiries and these issues include, for instance, false advertising and other forms of fraud. FTC investigations may pertain to a company or an entire industry. Traditionally an administrative complaint is heard in front of an independent administrative law judge with FTC staff acting as prosecutors. The case is reviewed de novo by the full FTC commission which then may be appealed to the U. S. Court of Appeals, in numerous cases, the FTC employs this authority to combat serious consumer deception or fraud. Additionally, the FTC has rulemaking power to address concerns regarding industry-wide practices, Rules promulgated under this authority are known as Trade Rules. In the mid-1990s, the FTC launched the fraud sweeps concept where the agency and its federal, state, the first sweeps operation was Project Telesweep in July 1995 which cracked down on 100 business opportunity scams
11.
Better Business Bureau
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The BBB serves as an intermediary between consumers and businesses, handling over 885,000 consumer disputes against businesses in 2013, of which close to 78% were settled. Nearly 400,000 local businesses in North America support the BBB, the BBB prospects successfully vetted businesses to become dues-paying Accredited Businesses that pledge and continue to adhere to the BBB Code of Business Practices. In return, the BBB allows Accredited Businesses in good standing to use its logo in marketing materials. The Better Business Bureau is not affiliated with any governmental agency, Businesses that affiliate with the BBB and adhere to its standards do so through industry self-regulation. To avoid bias, the BBBs policy is to refrain from recommending or endorsing any specific business, the organization has been the subject of controversy, particularly related to its alleged practice of giving higher ratings to businesses that pay a membership fee. The BBB disputes the claim that payment from businesses is required for them to receive an A rating, the 112 BBBs are independently governed by their own boards of directors and must meet international BBB standards, which are monitored by the CBBB. The CBBB is governed by leaders of local BBBs, as well as by senior executives from major corporations, each BBB is run separately and is chiefly funded by its Accredited Businesses, who often serve on its board. A study by a school dean at Marquette University found that ninety percent of BBB board members are from business. Businesses that move from one BBB jurisdiction to another may need to apply for BBB Accreditation in the new BBB location unless they have a system-wide accreditation, CBBB receives membership dues from BBBs, which amounted to $4,884,226.00 in 2009. The organizations dispute resolution procedures are established by the Council of the Better Business Bureaus, usually, disputes can be resolved through mediation, when appropriate, low- or no‑cost arbitration may also be offered and provided through the BBB. The BBB acts as a party when providing dispute resolution services. Complaints about the practice of professions like medicine and law are not handled by the BBB and are referred to associations regulating those professions. The BBB does not handle complaints that have gone to court or are in the process of going to court as the complaint is already being handled by an alternative entity. If a BBB receives a consumer dispute, the BBB contacts the business in question, a business does not need to be a member of the BBB to use its mediation services. BBB Accreditation, or membership, is optional for a business to accept. Past complaints allege that the BBB compiles scores based upon their ability to collect their money from businesses, the National Advertising Division of the Council of Better Business Bureaus in the United States and Canada reviews factual claims made in national advertisements. They offer alternative dispute resolution services for advertisers, typically reaching a conclusion within 90 days of a filing, until 2008, the BBB rated companies satisfactory or unsatisfactory. On January 1,2009, the BBB moved to a new system based on a school-style A+– F rating system, the 16 factors have been posted on each business review since the programs inception and the details on the points awarded as well
12.
Competition law
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Competition law is a law that promotes or seeks to maintain market competition by regulating anti-competitive conduct by companies. Competition law is implemented through public and private enforcement, Competition law is known as anti-trust law in the United States, and as anti-monopoly law in China and Russia. In previous years it has known as trade practices law in the United Kingdom. In the European Union, it is referred to as both antitrust and competition law, the history of competition law reaches back to the Roman Empire. The business practices of market traders, guilds and governments have always been subject to scrutiny, since the 20th century, competition law has become global. The two largest and most influential systems of regulation are United States antitrust law and European Union competition law. National and regional competition authorities across the world have formed international support, modern competition law has historically evolved on a country level to promote and maintain fair competition in markets principally within the territorial boundaries of nation-states. National competition law usually does not cover activity beyond territorial borders unless it has significant effects at nation-state level, countries may allow for extraterritorial jurisdiction in competition cases based on so-called effects doctrine. The protection of competition is governed by international competition agreements. These obligations were not included in GATT, but in 1994, with the conclusion of the Uruguay Round of GATT Multilateral Negotiations, the Agreement Establishing the WTO included a range of limited provisions on various cross-border competition issues on a sector specific basis. Competition law, or antitrust law, has three elements, prohibiting agreements or practices that restrict free trading and competition between business. This includes in particular the repression of trade caused by cartels. Banning abusive behavior by a firm dominating a market, or anti-competitive practices that tend to lead to such a dominant position, Practices controlled in this way may include predatory pricing, tying, price gouging, refusal to deal, and many others. Supervising the mergers and acquisitions of large corporations, including joint ventures. Substance and practice of competition law varies from jurisdiction to jurisdiction, protecting the interests of consumers and ensuring that entrepreneurs have an opportunity to compete in the market economy are often treated as important objectives. In recent decades, competition law has been viewed as a way to better public services. An early example of competition law can be found in Roman law, the Lex Julia de Annona was enacted during the Roman Republic around 50 B. C. To protect the trade, heavy fines were imposed on anyone directly, deliberately
13.
Privacy rights
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Privacy is the ability of an individual or group to seclude themselves, or information about themselves, and thereby express themselves selectively. The boundaries and content of what is considered private differ among cultures and individuals, when something is private to a person, it usually means that something is inherently special or sensitive to them. The domain of privacy partially overlaps security, which can include the concepts of appropriate use, Privacy may also take the form of bodily integrity. The right not to be subjected to unsanctioned invasion of privacy by the government, corporations or individuals is part of many countries privacy laws, almost all countries have laws which in some way limit privacy. An example of this would be law concerning taxation, which require the sharing of information about personal income or earnings. Privacy may be sacrificed, normally in exchange for perceived benefits and very often with specific dangers and losses. Research shows that people are willing to voluntarily sacrifice privacy if the data gatherer is seen to be transparent as to what information is gathered. In the business world, a person may volunteer personal details in order to gamble on winning a prize, a person may also disclose personal information as part of being an executive for a publicly traded company in the USA pursuant to federal securities law. Personal information which is shared but subsequently stolen or misused can lead to identity theft. According to some researchers, this concept sets Anglo-American culture apart even from Western European cultures such as French or Italian, Most cultures, however, recognize the ability of individuals to withhold certain parts of their personal information from wider society—closing the door to ones home, for example. Such languages either use a complex description to translate the term or borrow from English privacy, the difference is sometimes expressed humorously as when I withhold information, it is privacy, when you withhold information, it is secrecy. On December 15,1890, Samuel Warren and Louis Brandeis published the article of the law called The right to privacy, a broad multicultural literary tradition going to the beginnings of recorded history discusses the concept of privacy. Warren and Louis Brandeis wrote The Right to Privacy, an article in which argued for the right to be let alone. Limited access refers to an ability to participate in society without having other individuals. Various theorists have imagined privacy as a system for limiting access to personal information. Charles Fried said that Privacy is not simply an absence of information about us in the minds of others, control over personal information is one of the more popular theories of the meaning of privacy. Alan Westin defined four states—or experiences—of privacy, solitude, intimacy, anonymity, solitude is a physical separation from others. Intimacy is a close, relaxed, and frank relationship between two or more individuals that results from the seclusion of a pair or small group of individuals, anonymity is the desire of individuals for times of public privacy
14.
Personal loans
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The unsecured creditors will usually realize a smaller proportion of their claims than the secured creditors. Under risk-based pricing, creditors tend to demand extremely high interest rates as a condition of extending unsecured debt, the maximum loss on a properly collateralized loan is the difference between the fair market value of the collateral and the outstanding debt. Thus, in the context of secured lending, the use of collateral reduces the size of the bet taken by the creditor on the debtors creditworthiness. Without collateral, the stands to lose the entire sum outstanding at the point of default. Where high interest rates are considered usurious, unsecured loans are not made at all. Unsecured loans are often out in cases where additional capital is required although existing assets have been pledged to secure prior debt. Secured lenders will more often than not include language in the agreement that prevents debtor from assuming additional secured loans or pledging any assets to a creditor. In Malaysia, there are personal loans for the sector and for the government sector. The personal loan interest rate for the sector is always higher than the government sector because it is of lower risk for the bank to lend to the government sector. An example of these loans are cooperative loans, interest rates for personal loans in Malaysia are influenced by either one of these factors, loan amount, loan tenure and income of the applicant. In some cases, the bank will take 2 or even 3 of these factors to decide on the appropriate interest rate to be applied to the personal loan, in 2013, the Malaysian Central Bank introduces a new maximum loan tenure of 10 years for personal loan. High-yield debt Guarantor loan Medical debt Merchant cash advance Peer-to-peer lending Term deposit
15.
Bankruptcy
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Bankruptcy is a legal status of a person or other entity that cannot repay the debts it owes to creditors. In most jurisdictions, bankruptcy is imposed by a court order, Bankruptcy is not the only legal status that an insolvent person may have, and the term bankruptcy is therefore not a synonym for insolvency. In some countries, including the United Kingdom, bankruptcy is limited to individuals, in the United States, bankruptcy is applied more broadly to formal insolvency proceedings. In France, the cognate French word banqueroute is used solely for cases of fraudulent bankruptcy, in Ancient Greece, bankruptcy did not exist. If a man owed and he could not pay, he and his wife, children or servants were forced into debt slavery, until the creditor recouped losses through their physical labour. Many city-states in ancient Greece limited debt slavery to a period of five years, debt slaves had protection of life and limb, which regular slaves did not enjoy. However, servants of the debtor could be retained beyond that deadline by the creditor and were forced to serve their new lord for a lifetime. An exception to rule was Athens, which by the laws of Solon forbade enslavement for debt, as a consequence. The Statute of Bankrupts of 1542 was the first statute under English law dealing with bankruptcy or insolvency, Bankruptcy is also documented in East Asia. According to al-Maqrizi, the Yassa of Genghis Khan contained a provision that mandated the death penalty for anyone who became bankrupt three times, a failure of a nation to meet bond repayments has been seen on many occasions. Philip II of Spain had to declare four state bankruptcies in 1557,1560,1575 and 1596, at the edge of Europe, Egypt, Russia, and Turkey have histories of chronic default as well. For private households, it is argued to be insufficient to merely dismiss debts after a certain period and it is important to assess the underlying problems and to minimize the risk of financial distress to re-occur. In most EU Member States, debt discharge is conditioned by a partial payment obligation, in the United States, discharge is conditioned to a lesser extent. The spectrum is broad in the EU, with the UK coming closest to the US system, the Other Member States do not provide the option of a debt discharge. It is almost impossible to discharge student loan debt by filing bankruptcy, unlike most other debtors, the individual with student debt must give a series of reasons and tests to prove that the debtor could not pay the debt. If the person were to file bankruptcy, he or she is encouraged to do so under Chapter 13. In order to avoid bankruptcy, one could negotiate with the lender to lower monthly payments, student loan bankruptcy is considered a last resort. However, some find themselves being forced to file bankruptcy, as the lender refused to lower payments
16.
Australia
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Australia, officially the Commonwealth of Australia, is a country comprising the mainland of the Australian continent, the island of Tasmania and numerous smaller islands. It is the worlds sixth-largest country by total area, the neighbouring countries are Papua New Guinea, Indonesia and East Timor to the north, the Solomon Islands and Vanuatu to the north-east, and New Zealand to the south-east. Australias capital is Canberra, and its largest urban area is Sydney, for about 50,000 years before the first British settlement in the late 18th century, Australia was inhabited by indigenous Australians, who spoke languages classifiable into roughly 250 groups. The population grew steadily in subsequent decades, and by the 1850s most of the continent had been explored, on 1 January 1901, the six colonies federated, forming the Commonwealth of Australia. Australia has since maintained a liberal democratic political system that functions as a federal parliamentary constitutional monarchy comprising six states. The population of 24 million is highly urbanised and heavily concentrated on the eastern seaboard, Australia has the worlds 13th-largest economy and ninth-highest per capita income. With the second-highest human development index globally, the country highly in quality of life, health, education, economic freedom. The name Australia is derived from the Latin Terra Australis a name used for putative lands in the southern hemisphere since ancient times, the Dutch adjectival form Australische was used in a Dutch book in Batavia in 1638, to refer to the newly discovered lands to the south. On 12 December 1817, Macquarie recommended to the Colonial Office that it be formally adopted, in 1824, the Admiralty agreed that the continent should be known officially as Australia. The first official published use of the term Australia came with the 1830 publication of The Australia Directory and these first inhabitants may have been ancestors of modern Indigenous Australians. The Torres Strait Islanders, ethnically Melanesian, were originally horticulturists, the northern coasts and waters of Australia were visited sporadically by fishermen from Maritime Southeast Asia. The first recorded European sighting of the Australian mainland, and the first recorded European landfall on the Australian continent, are attributed to the Dutch. The first ship and crew to chart the Australian coast and meet with Aboriginal people was the Duyfken captained by Dutch navigator, Willem Janszoon. He sighted the coast of Cape York Peninsula in early 1606, the Dutch charted the whole of the western and northern coastlines and named the island continent New Holland during the 17th century, but made no attempt at settlement. William Dampier, an English explorer and privateer, landed on the north-west coast of New Holland in 1688, in 1770, James Cook sailed along and mapped the east coast, which he named New South Wales and claimed for Great Britain. The first settlement led to the foundation of Sydney, and the exploration, a British settlement was established in Van Diemens Land, now known as Tasmania, in 1803, and it became a separate colony in 1825. The United Kingdom formally claimed the part of Western Australia in 1828. Separate colonies were carved from parts of New South Wales, South Australia in 1836, Victoria in 1851, the Northern Territory was founded in 1911 when it was excised from South Australia
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Australian Competition and Consumer Commission
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The Australian Competition and Consumer Commission is an independent authority of the Australian government. It was established in 1995 with the amalgamation of the Australian Trade Practices Commission and its mandate is to protect consumer rights, business rights and obligations, perform industry regulation and price monitoring and prevent illegal anti-competitive behaviour. The ACCC administers the Competition and Consumer Act, and has standing to take action in the Federal Court of Australia to enforce its provision, the ACCC, under the Act, also regulates certain industries by providing access to national infrastructure. The ACCC also has a role and seeks to educate both consumers and businesses as to their rights and responsibilities under the act. The Australian Energy Regulator is a constituent but separate part of the ACCC and is responsible for economic energy regulation and it shares staff and premises with the ACCC, but has a separate board, although at least one board member must also be a Commissioner at the ACCC. In most cases the spirit of the act, and thus the actions of the ACCC, favours neither consumer nor supplier, the ACCC is committed in bringing court actions against companies that breach the Competition and Consumer Act. Penalties for non-compliance of the CCA can be quite severe, companies that do not comply with the restrictive trade practices provisions of CCA may be fined by the Federal Court. There are three ways the maximum fine can be calculated, the maximum possible fine is the larger of A$10,000,000, or three times the value of the illegal benefit, or 10% of turnover for the preceding 12 months. Companies that do not comply with the consumer protection provisions of CCA may be fined by the Federal Court, up to $1.1 M for companies and $220,000 for individuals. The ACCC also has power to accept, on its on behalf, court enforceable undertakings under s87B of the Competition, such undertakings may include a wide range of remedies to the conduct. A range of other remedies can be ordered by the court, for example, companies are frequently forced to publish retractions of false advertising claims in national newspapers and at their places of business. Companies found in breach of the CCA are usually bound to implement a program to ensure future compliance with the Act. Whilst it is acknowledged that the ACCC is required to safeguard consumer rights. This criticism is most likely due to the inherent difficulty in obtaining sufficient evidence to prove breaches of the trade practices provisions of the Competition. Recently the ACCC has exercised its authority in a number of areas, including fining retailer Target for false advertising. In 2008 the ACCC published findings of its inquiry into the competitiveness of retail prices for groceries in Australia, in September 2009 the ACCC reached agreement with Coles and Woolworths to phase out restrictive lease agreements. The ACCC has enforced the law against producers of quack devices with medical claims like Power Balance
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Australian Securities and Investments Commission
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The Australian Securities & Investments Commission is an independent Australian government body that acts as Australias corporate regulator. ASICs role is to enforce and regulate company and financial services laws to protect Australian consumers, investors and creditors, ASIC was established on 1 July 1998 following recommendations from the Wallis Inquiry. ASICs authority and scope is determined pursuant to the Australian Securities, the corporate regulator became the Australian Securities & Investments Commission on 1 July 1998, when it also became responsible for consumer protection in superannuation, insurance, deposit taking. It has since gained further responsibilities, in 2002 for credit, the Australian Stock Exchange in 2009, in 2012, ASIC called for powers to use data which other intelligence agencies have intercepted. In 2015-2016 ASIC was subject to a class action claim of negligence by persons affected by the Storm Financial collapse for an alleged failure to take action. However, a judge of the Federal Court of Australia struck out the statement of claim of the plaintiffs in the preliminary stage. FOS were caught out and exposed by a consumer and ASIC has not acted against FOS, ASIC did commence proceedings against the largest four big banks in Australia in 2016 for rigging of Australian benchmark interest rates. However criticism has been leveled against he bank for failing to take action for five years. Questions remain about how this will affect consumer civil causes of action against banks involved, ASIC has recently become subject of heavy criticism in the debate about whether a Royal Commission into banking and financial services is required. ASICs areas of responsibility include, corporate financial services securities and derivatives insurance consumer protection financial literacy. ASICs consumer website www. moneysmart. gov. au was launched on 15 March 2011, moneySmart replaced ASICs two previous consumer websites, FIDO and Understanding Money. MoneySmart aims to help people make good financial decisions by providing free, independent and unbiased information, tools and resources
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Financial Ombudsman Service (Australia)
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The FOS is lead by the Chief Ombudsman, presently Shane Tregillis. He is supported by lead ombudsmen for banking and finance, general insurance, two additional schemes chose to merge with the FOS later in 2009, the Credit Union Dispute Resolution Centre and the Insurance Brokers Disputes Limited. The principles underpinning FOS’s operations and processes are to resolve disputes between consumers and financial services providers in accordance with its Terms of Reference, banks and financial services providers must be licensed to provide their services to consumers. It is a condition of such a licence that the bank or financial services provider be a member of an External Dispute Resolution scheme that is approved by ASIC. Most disputes with financial services providers in Australia are resolved between the customer and the relevant bank, credit provider, insurance company or other financial services provider, however if a dispute is not able to be resolved directly, FOS can then consider it. The complainant may accept or reject the determination within 30 days of receiving it, if the complainant accepts the determination, it is binding on both parties. Dispute resolution by the FOS is free of charge for consumers, the FOS is governed by an independent board of consumer representatives and financial services industry representatives. The Chair of the Board, since 2015, is Professor the Hon. Michael Lavarch AO, a public company limited by guarantee, called the Financial Ombudsman Service Limited, is the owner of the FOS. This company is approved by the Australian Securities and Investment Commission in accordance with Regulatory Guide 139, submission 134 made it clear that there were differences between the telephone recordings and the working notes of those conversations made by the Ombudsman. It was this decision that resulted in Supreme Court proceedings to challenge the jurisdictional decision of the FOS not to handle the particular complaint. The FOS did not respond and denied the lapses between what was recorded by the FOS and what actually occurred, ASIC did not respond to the questions and, since the filing, other senators called for the FOS to explain the circumstances. ASIC appeared before the Joint Committee on Corporations and Financial Services on 16 March 2015, on 19 June 2015, the Supreme Court of Victoria decided that the FOS’s decision to exclude the dispute in question was valid and found in the FOSs favour. The FOS released a statement attempting to dismiss the allegations. The statement did not address allegations in the submission about misleading file notes presented in the phase of a trial. Following media coverage of this there were calls by a number of Australian Senators, including Senator Nick Xenophon. Despite criticism of the FOS, consumer advocacy group CHOICE and the government regulator, CHOICE has stated that while there is room for improvement, the Financial Ombudsman Service is providing an essential service of a high standard. Furthermore, ASIC have continued to support the FOS as an approved EDR scheme, in such cases, consumers may have to seek formal Court-based enforcement proceedings or assistance from the industry regulator. The FOS has proposed an industry funded compensation scheme of last resort be established to pay consumers their awarded compensation if left stranded by insolvent or belligerent providers
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European Directive
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A directive is a legal act of the European Union, which requires member states to achieve a particular result without dictating the means of achieving that result. It can be distinguished from regulations which are self-executing and do not require any implementing measures, directives normally leave member states with a certain amount of leeway as to the exact rules to be adopted. Directives can be adopted by means of a variety of legislative procedures depending on their subject matter, the legal basis for the enactment of directives is Article 288 of the Treaty on the Functioning of the European Union. Article 288 To exercise the Unions competences, the institutions shall adopt regulations, directives, a regulation shall have general application. It shall be binding in its entirety and directly applicable in all Member States. A directive shall be binding, as to the result to be achieved, upon each Member State to which it is addressed, a decision shall be binding in its entirety upon those to whom it is addressed. Recommendations and opinions shall have no binding force, the Council can delegate legislative authority to the Commission and, depending on the area and the appropriate legislative procedure, both institutions can seek to make laws. There are Council regulations and Commission regulations, Article 288 does not clearly distinguish between legislative acts and administrative acts, as is normally done in national legal systems. The text of a draft directive is prepared by the Commission after consultation with its own, the draft is presented to the Parliament and the Council—composed of relevant ministers of member governments, initially for evaluation and comment, then subsequently for approval or rejection. Directives are binding only on the states to whom they are addressed. In general, however, with the exception of directives related to the Common Agricultural Policy, when adopted, directives give member states a timetable for the implementation of the intended outcome. Occasionally, the laws of a state may already comply with this outcome. More commonly, member states are required to make changes to their laws in order for the directive to be implemented correctly and this is done in approximately 99% of the cases. This may also happen when a state has transposed a directive in theory but has failed to abide by its provisions in practice. Also, in Francovich v. Italy, the found that member states could be liable to pay damages to individuals
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Angela Merkel
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Angela Dorothea Merkel is a German politician who is currently Chancellor of Germany. She is also the leader of the Christian Democratic Union, Merkel has been described at various times as the de facto leader of the European Union, the most powerful woman in the world, and the worlds second most powerful person. Following German reunification in 1990, Merkel was elected to the Bundestag for the state of Mecklenburg-Vorpommern, Merkel was appointed as the Minister for Women and Youth in the federal government under Chancellor Helmut Kohl in 1991, and became the Minister for the Environment in 1994. In the 2009 federal election, the CDU obtained the largest share of the vote, in 2007, Merkel was President of the European Council and chaired the G8, the second woman to do so. Merkel played a role in the negotiation of the Treaty of Lisbon. One of Merkels consistent priorities has been to strengthen economic relations. Merkel played a role in managing the financial crisis at the European and international level. On 26 March 2014, Merkel became the incumbent head of government in the European Union. On 20 November 2016, Merkel announced she would seek re-election to a fourth term and she has two younger siblings, her brother Marcus Kasner, a physicist, and her sister Irene Kasner, an occupational therapist. In her childhood and youth, Merkel was known among her peers by the nickname Kasi, Merkel is of Polish and German descent. Her paternal grandfather Ludwik Kaźmierczak was a German policeman of Polish ethnicity and he married Merkels grandmother Margarethe, a German girl from Berlin, and relocated to her hometown where he worked in the police. In 1930 they Germanized the Polish name Kaźmierczak to Kasner, Merkels maternal grandparents were the Danzig politician Willi Jentzsch and Gertrud Alma née Drange, a daughter of the city clerk of Elbing Emil Drange. Merkel has mentioned her Polish heritage on several occasions, but her Polish roots became better known as a result of a 2013 biography, religion played a key role in the Kasner familys migration from West Germany to East Germany. In 1954, he received a pastorate at the church in Quitzow, the family moved to Templin and Merkel grew up in the countryside 80 km north of East Berlin. Like most young people in the German Democratic Republic, Merkel was a member of the Free German Youth, membership was nominally voluntary, but those who did not join found it difficult to gain admission to higher education. She did not participate in the coming of age ceremony Jugendweihe, however. Later, at the Academy of Sciences, she became a member of the FDJ district board, Merkel claimed that she was secretary for culture. When Merkels one-time FDJ district chairman contradicted her, she insisted that, According to my memory, I believe I wont know anything when Im 80
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Heiko Maas
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Heiko Maas is a German SPD politician. He has been Federal Minister of Justice and Consumer Protection since 17 December 2013, before he was the leader of the SPD group in the Saarland regional parliament since 1999. Maas was born in Saarlouis on 19 September 1966 and he studied law at Saarland University. Maas was first appointed to the Saarland Parliament in 1996, under the mentorship of Oskar Lafontaine who would leave the Social Democrats to found his own party. Eventually, the SPD only gained 24.5 percent, making it the party’s worst election result in the state, Maas was a SPD delegate to the Federal Convention for the purpose of electing the President of Germany in 2010 and 2012. After the 2012 state election, the SPD went into coalition with the CDU, which before that election had been governing the state in coalition with the Green Party, as deputy minister-president, he took over responsibility for the economy, transport, and employment. On 17 December 2013, he was sworn in as the minister of justice and consumer protection in the cabinet of Chancellor Angela Merkel. He earned the nickname Prohibition Minister by the Frankfurter Allgemeine Zeitung for his many non-approved law proposals, range, meanwhile, had accused the government of interfering in the investigation. In 2015, he endorsed criticism expressed by Federation of German Consumer Organizations which held that Facebook’s data protection terms were too vague, later that year, he publicly accused Facebook of doing too little to thwart racist posts and hate comments on the social media platform. After the big Netpolitic scandal, where a German language blog leaked top secret documents, Maas introduced a new law in 2015, the law was passed by the Bundestag on October 16,2015. After the massive sexual assaults in Cologne at New Years Eve,2015, in 2016, Maas called for a legal ban on sexist advertisement, which reduces women or men to sexual objects. Germanys Association of Communications Agencies said the law suggestion was absurd, FDP leader Christian Lindner called it the next round of the nanny state and indicated a thinking close to radical Islamic leaders. The GWA, Germanys Association of Communications Agencies, criticized its a matter of taste if something is sexist or not and he is married and has two children. Heiko Maas received death threats in form of a bullet in his pillar box, Heiko Maas at the Internet Movie Database Official website Heiko Maas at wahl. de
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Bundesverwaltungsgericht
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The Federal Administrative Court is one of the five federal supreme courts of Germany. It is the court of the last resort for all cases of administrative law. It hears appeals from the Oberverwaltungsgerichte, or Superior Administrative Courts, the Bundesverwaltungsgericht has its seat at the former Reichsgericht building in Leipzig. Everhardt Franßen, 1991-2002 Media related to Reichsgericht Leipzig - Seat of the Federal Administrative Court of Germany at Wikimedia Commons Official homepage
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Consumer Protection Act of 1986
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Consumer Protection Act,1986 is an Act of the Parliament of India enacted in 1986 to protect the interests of consumers in India. It makes provision for the establishment of consumer councils and other authorities for the settlement of consumers disputes and it led to the establishment of a widespread network of consumer forums and appellate courts all over India. It has significantly impacted how businesses approach consumer complaints and empowered consumers to a great extent, Consumer Protection Councils are established at the national, state and district level to increase consumer awareness. The State Government may establish more than one District Forum in a district and it is a district level court that deals with cases valuing up to ₹2 million. State Consumer Disputes Redressal Commission, Also known as the State Commission established by the State Government in the State and it is a state level court that takes up cases valuing less than ₹10 million National Consumer Disputes Redressal Commission, Established by the Central Government. Consumer courts do not have jusridiction over matters where services or goods were bought for a commercial purpose
25.
Tribunal
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A tribunal, generally, is any person or institution with authority to judge, adjudicate on, or determine claims or disputes—whether or not it is called a tribunal in its title. For example, an advocate who appears before a court with a judge could describe that judge as their tribunal. Many governmental bodies that are titled tribunals are so described to emphasize that they are not courts of normal jurisdiction, private judicial bodies are also often styled tribunals. However, he word tribunal is not conclusive of a bodys function–for example, in Great Britain, the term is derived from the tribunes, magistrates of the Classical Roman Republic. Tribunal originally referred to the office of the tribunes, and the term is sometimes used in this sense in historical writings. In the Republic of Ireland, tribunal refers to a public inquiry established under the Tribunals of Inquiry Act 1921. The main difference between a Parliamentary Inquiry and a Tribunal of Inquiry in Ireland is that non-statutory inquiries are not vested with the powers, privileges, Tribunals are established by resolution of the Houses of the Oireachtas to enquire into matters of urgent public importance. It is not a function of Tribunals to administer justice, their work is solely inquisitorial, Tribunals are obliged to report their findings to the Oireachtas. They have the power to enforce the attendance and examination of witnesses, Tribunals can consist of one or more people. A layperson, or non-lawyer, may be the Sole member of a tribunal, the tribunal system of the United Kingdom is part of the national system of administrative justice. Such a tribunal was called a Vierschaar, so called for the dimensions of the sitting judges. Most towns had the Vierschaar privilege to hear their own disputes, the Vierschaar was usually located in the town hall, and many historic town halls still have such a room, usually decorated with scenes from the Judgment of Solomon. The following tribunals exist within the Judiciary of the Hong Kong Special Administrative Region of the Peoples Republic of China, Lands, Small Claims, Labour, for public inquiries, commissions are set up instead, under the Commissions of Inquiry Ordinance. In many cases, the rules of evidence which apply in courts do not apply in tribunals. Appeal from a tribunal is to a court, in the context of sport, tribunal frequently refers to the AFL Tribunal, the disciplinary body of the Australian Football League. Tribunal is used in the U. S. generally to refer to courts or judicial bodies, in Bangladesh, tribunal refers to a court that serves some special purpose—of which Bangladesh have several. These have been set up to ensure speedy trial and reduce congestion in the normal courts. Beside this, Article 117 of the Constitution Of The Peoples Republic of Bangladesh empowers the parliament to set up one or more administrative tribunals, no court can entertain any proceeding or make any order in respect of any matter within the jurisdiction of such tribunal
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Contract
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A contract is a voluntary arrangement between two or more parties that is enforceable by law as a binding legal agreement. Contract is a branch of the law of obligations in jurisdictions of the civil law tradition, Contract law concerns the rights and duties that arise from agreements. A contract arises when the parties agree that there is an agreement, formation of a contract generally requires an offer, acceptance, consideration, and a mutual intent to be bound. Each party to a contract must have capacity to enter the agreement, minors, intoxicated persons, and those under a mental affliction may have insufficient capacity to enter a contract. Some types of contracts may require formalities, such as a memorialization in writing, at common law, the elements of a contract are offer, acceptance, intention to create legal relations, and consideration. Not all agreements are necessarily contractual, as the parties generally must be deemed to have an intention to be legally bound, a so-called gentlemens agreement is one which is not intended to be legally enforceable, and which is binding in honour only. In order for a contract to be formed, the parties must reach mutual assent and this is typically reached through offer and an acceptance which does not vary the offers terms, which is known as the mirror image rule. An offer is a statement of the offerors willingness to be bound should certain conditions be met. If a purported acceptance does vary the terms of an offer, it is not an acceptance but a counteroffer and, therefore, the Uniform Commercial Code disposes of the mirror image rule in §2-207, although the UCC only governs transactions in goods in the USA. As a court cannot read minds, the intent of the parties is interpreted objectively from the perspective of a reasonable person and it is important to note that where an offer specifies a particular mode of acceptance, only an acceptance communicated via that method will be valid. Contracts may be bilateral or unilateral, a bilateral contract is an agreement in which each of the parties to the contract makes a promise or set of promises to each other. For example, in a contract for the sale of a home, less common are unilateral contracts in which one party makes a promise, but the other side does not promise anything. In these cases, those accepting the offer are not required to communicate their acceptance to the offeror, in a reward contract, for example, a person who has lost a dog could promise a reward if the dog is found, through publication or orally. The payment could be conditioned on the dog being returned alive. Those who learn of the reward are not required to search for the dog, but if someone finds the dog and delivers it, the High Court of Australia stated that the term unilateral contract is unscientific and misleading. In certain circumstances, a contract may be created. A contract is implied in fact if the circumstances imply that parties have reached an agreement even though they have not done so expressly, quantum meruit claims are an example. Carbolic, a firm, advertised a smoke ball marketed as a wonder drug that would, according to the instructions
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EU law
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European Union law is a system of rules operating within the member states of the European Union. Since the founding of the Coal and Steel Community after World War II, the EU has political institutions, social and economic policies, which transcend nation-states for the purpose of cooperation and human development. According to its Court of Justice the EU represents a new order of international law. The EUs legal foundations are the Treaty on European Union and the Treaty on the Functioning of the European Union, New members may join, if they agree to play by the rules of the organisation, and old members may leave according to their own constitutional requirements. People are entitled to participate through the Parliament, and their governments in shaping the legislation the EU makes. Democratic ideals of integration for international and European nations are as old as the modern nation-state, in the Renaissance, medieval trade flourished in organisations like the Hanseatic League, stretching from English towns like Boston and London, to Frankfurt, Stockholm and Riga. These traders developed the lex mercatoria, spreading basic norms of good faith, in 1517, the Protestant Reformation triggered a hundred years of crisis and instability. This unstable settlement unravelled in the Thirty Years War, killing around a quarter of the population in central Europe. The Treaty of Westphalia 1648, which brought peace according to a system of law inspired by Hugo Grotius, is generally acknowledged as the beginning of the nation-state system. In 1693 William Penn, a Quaker from London who founded Pennsylvania in North America, argued that to prevent ongoing wars in Europe a European dyet, to save succeeding generations from the scourge of war, which twice. Brought untold sorrow to mankind, the United Nations Charter was passed in 1945, also, the Council of Europe, formed by the Treaty of London 1949, adopted a European Convention on Human Rights, overseen by a new transnational court in Strasbourg in 1950. The Treaty of Paris 1951 created the first European Coal and Steel Community, signed by France, West Germany, Belgium and its theory was simply that war would be impossibly costly if ownership and production of every countrys economy was mixed together. It established an Assembly to represent the people, a Council of Ministers for the states, a Commission as the executive. In the East, the Soviet Union had installed dictatorial governments, controlling East Germany, in the West, the decision was made through Treaty of Rome 1957 to launch the first European Economic Community. It shared the Assembly and Court with the Coal and Steel Community, a separate treaty was signed for a European Atomic Energy Community to manage nuclear production. In 1961 the United Kingdom, Denmark, Ireland and Norway applied for only to be vetoed in 1963 by Frances Charles de Gaulle. Spain also applied and was rejected as it was led by the Franco dictatorship. The same year, the Court of Justice proclaimed that the Community constituted a new order of international law
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Criminal law
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Criminal law is the body of law that relates to crime. It regulates social conduct and proscribes whatever is threatening, harmful, or otherwise endangering to the property, health, safety and it includes the punishment of people who violate these laws. Criminal law varies according to jurisdiction, and differs from civil law, the first civilizations generally did not distinguish between civil law and criminal law. The first written codes of law were designed by the Sumerians, another important early code was the Code Hammurabi, which formed the core of Babylonian law. Only fragments of the criminal laws of Ancient Greece have survived, e. g. those of Solon. In Roman law, Gaiuss Commentaries on the Twelve Tables also conflated the civil and criminal aspects, assault and violent robbery were analogized to trespass as to property. Breach of such laws created an obligation of law or vinculum juris discharged by payment of compensation or damages. The criminal law of imperial Rome is collected in Books 47–48 of the Digest, the first signs of the modern distinction between crimes and civil matters emerged during the Norman Invasion of England. The development of the state dispensing justice in a court clearly emerged in the century when European countries began maintaining police services. From this point, criminal law had formalized the mechanisms for enforcement, Criminal law is distinctive for the uniquely serious potential consequences or sanctions for failure to abide by its rules. Every crime is composed of criminal elements, capital punishment may be imposed in some jurisdictions for the most serious crimes. Physical or corporal punishment may be imposed such as whipping or caning, individuals may be incarcerated in prison or jail in a variety of conditions depending on the jurisdiction. Length of incarceration may vary from a day to life, government supervision may be imposed, including house arrest, and convicts may be required to conform to particularized guidelines as part of a parole or probation regimen. Fines also may be imposed, seizing money or property from a convicted of a crime. Five objectives are widely accepted for enforcement of the law by punishments, retribution, deterrence. Jurisdictions differ on the value to be placed on each, retribution – Criminals ought to Be Punished in some way. This is the most widely seen goal, Criminals have taken improper advantage, or inflicted unfair detriment, upon others and consequently, the criminal law will put criminals at some unpleasant disadvantage to balance the scales. People submit to the law to receive the right not to be murdered and if people contravene these laws, thus, one who murders may be executed himself
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Office of Fair Trading
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The OFTs goal was to make markets work well for consumers, ensuring vigorous competition between fair-dealing businesses and prohibiting unfair practices such as rogue trading, scams and cartels. Its role was modified and its powers changed with the Enterprise Act 2002, the Department for Business Innovation and Skills announced reforms to the UK consumer protection and competition regimes. Regulation for the credit industry passed from the OFT to the new Financial Conduct Authority from April 2014. The OFT investigated markets to see whether they were working well for consumers and customers, the OFT worked under a structure arranged by markets rather than legislation with a Services, Infrastructure and Public Markets group and a Goods and Consumer group. Officials specialising in the different legal and regulatory regimes worked closely together in each of two groups. This enabled the OFT to look more easily at whole markets, the OFT used consumer and competition enforcement, market studies and references, education and communication in appropriate combination. These market sector groups sat alongside other OFT groups - mergers, the OFT was situated off Fleet Street, near to Blackfriars station. It was next to St Brides Church, based on expanded powers granted under the Enterprise Act 2002, the OFT explored how different market sectors operate, in order to help markets work well. It sometimes researched one particular market in detail or, for example, the results of the research, which were published, helped the OFT to assess what action, if any, needed to be taken to protect consumers interests. They could recommend stronger enforcement, or a change in the regulations, in 2006, the OFT restructured in response to Treasury proposals for splitting the department into separate consumer and competition regulators. The OFT argued that to protect consumers effectively, it had to be able to use both consumer law and competition law approaches in a holistic fashion, moving away from division by legislative area, the OFT created divisions based on market sector. These officials are supported by a dedicated branch also including statisticians and financial analysts, a legal specialist. In 2006 the OFT investigated the charges being imposed on customers of credit card companies, in its report, the OFT confirmed these charges were unlawful as they amounted to a penalty, rather than the actual losses suffered by the companies. It said it would be prepared to investigate any charge over £12 indicating that £12 would not be a fair and acceptable charge itself. The OFT said it would be up to a court to determine such an amount based on the legal precedent that the only recoverable cost would be actual costs incurred. The credit card companies did not produce evidence of their costs to the OFT, instead insisting their charges are in line with clear policy. Charges have been as much as £38 per item, which campaigners argue is well beyond the cost of sending a computerised letter, two years later a consent decree required the companies to end those practices and represent their location honestly. On September 2010 the OFT sent warnings to 129 firms after its review of debt management companies found widespread problems, since it issued that warning,87 firms have surrendered their licenses
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Citizen's Advice Bureau
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The twin aims of the Citizens Advice service are to provide the advice people need for the problems they face and secondly to improve the policies and principles that affect peoples lives. This research and campaigns agenda also known as policy is more preventative in nature. Citizens Advice organisations emerged in the 1930s linked to the emergence of a social welfare service. Citizens Advice has grown to be the largest independent advice provider in the United Kingdom, there are also a number of Citizens Advice organisations that base themselves on the United Kingdom advice charity mainly in parts of the Commonwealth including Australia, New Zealand, and Gibraltar. In 2014 Citizens Advice celebrated its 75th anniversary and in 2015 the charity was named Charity of the Year at the 2015 Charity Awards, the origins of the modern Citizens Advice service can be traced back to the Betterton Report on Public Assistance from 1924. This report recommended that advice centres should be set up to members of the public advice to help them with their problems. During the 1930s, as preparations and plans were drawn up for the possibility of war, the National Council for Social Service called a meeting in 1938 in which plans to establish Citizens Aid Bureaux were devised in the event of war. The first 200 bureaux opened on 4 September 1939, four days after World War II started, many of these initial bureaux were run by people of standing in the community. By 1942, there were 1,074 bureaux in a range of improvised offices such as cafes, church halls, private homes. Sheffield set up in the cloisters of Sheffield Cathedral after its premises were bombed during World War II, mobile offices also became important in ensuring that people could access advice. Many of the issues dealt with during that time were related to the war. These included the tracing of missing servicemen or prisoners of war, evacuations, pensions, many war time bureaux closed at the end of the war, although it was apparent that there was still a need for the services that had been established. A particular problem was the housing shortage in the years immediately following the end of the war. In the 1950s, the funding was cut and by 1960 there were only 415 bureaux, the Citizens Advice service continued due to charitable support from groups such as the Nuffield Foundation, Carnegie Trust and the Joseph Rowntree Foundation. In 1972, The Citizens Advice service became independent, before then, the national organisation was part of NCSS and most bureaux were run by the local CVS. In 1973, the government funded NACAB, the National Association of Citizens Advice Bureaux, the 1984 afternoon television drama series Miracles Take Longer depicted the type of cases that a 1980s branch would have to deal with. David Harker became CEO in 1997 and he led Citizens Advice until 2010 and during that time oversaw a massive IT overhaul. Since 2003, the name of the National Association of Citizens Advice Bureaux changed to Citizens Advice
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Auto mechanic
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An auto mechanic is a mechanic with a variety of automobile makes or either in a specific area or in a specific make of automobile. In repairing cars, their role is to diagnose the problem accurately and quickly. They often have to quote prices for their customers before commencing work or after partial disassembly for inspection and their job may involve the repair of a specific part or the replacement of one or more parts as assemblies. Basic vehicle maintenance is a part of a mechanics work in modern industrialized countries while in others they are only consulted when a vehicle is already showing signs of malfunction. Preventative maintenance is also a part of a mechanics job. One misunderstood aspect of maintenance is scheduled replacement of various parts. Because this means that parts are replaced before any problem is observed, with the rapid advancement in technology, the mechanics job has evolved from purely mechanical, to include electronic technology. Because vehicles today possess complex computer and electronic systems, mechanics need to have a base of knowledge than in the past. In the United States, many programs and schools offer training for those interested in pursuing competencies as automotive mechanics or technicians, areas of training include automobile repair and maintenance, collision repair, painting and restoring, electronics, air-conditioning and heating systems, and truck and diesel mechanics. The National Automotive Technicians Education Foundation is responsible for evaluating technician training programs against standards developed by the automotive industry, NATEF accredits programs in four different categories, automotive, collision, trucks and alternative fuels. NATEF lists secondary and post secondary schools with accredited programs on their website Find NATEF accredited schools, some mechanics are ASE certified, which is a standardized method of testing skill and knowledge level. While its not required by law for a mechanic to be certified, the technology used in automobiles changes very rapidly and the mechanic must be prepared to learn these new technologies and systems. The auto mechanic has a demanding job, often exposed to extreme temperatures, lifting heavy objects. They also may deal with exposure to toxic chemicals, the internet is being applied to the field increasingly often, with mechanics providing advice on-line. Mechanics themselves now regularly use the internet for information to them in diagnosing and/or repairing vehicles. A popular resource for this type of research is the video website YouTube, a mechanic usually works from the workshop in which the mechanic has access to a vehicle lift to access areas that are difficult to reach when the car is on the ground. A mechanic may opt to engage in other related to his or her field. Teaching of automotive trade courses, for example, is almost entirely carried out by qualified mechanics in many countries, there are several other trade qualifications for working on motor vehicles, including panel beater, spray painter, body builder and motorcycle mechanic
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Federal Food, Drug, and Cosmetic Act
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A principal author of this law was Royal S. Copeland, a three-term U. S. In 1968, the Electronic Product Radiation Control provisions were added to the FD&C, the act has been amended many times, most recently to add requirements about bioterrorism preparations. The introduction of this act was influenced by the death of more than 100 patients due to a sulfanilamide medication where diethylene glycol was used to dissolve the drug and it replaced the earlier Pure Food and Drug Act of 1906. The FDC Act has ten chapters, I, prohibited Acts and Penalties This section contains both civil law and criminal law clauses. Most violations under the act are civil, though repeated, intentional, notably, the FD&C Act uses strict liability due to the Dotterweich and Park Supreme Court cases. It is one of a small number of criminal statutes that does. Food There is a distinction in food adulteration between those that are added and those that are naturally present, general Authority 704 allows inspections of regulated entities. Inspection results are reported on Form 483, tobacco Products X. Miscellaneous The FD&C is perhaps best known by the consumer because of its use in the naming of food coloring additives, such as FD&C Yellow No.6. The Act made the certification of food color additives mandatory. Some food colorings are generally recognized as safe by the FDA, the FDA lists nine FD&C certified color additives for use in foods in the United States, and numerous D&C colorings allowed only in drugs for external application or cosmetics. Color additives derived from sources, such as vegetables, minerals or animals. Both artificial and naturally derived color additives are subject to standards of safety before their approval for use in foods. There are also D&C colors that are approved for use in pharmaceuticals for external application. The FFDCA requires producers of food additives to demonstrate to a certainty that no harm will result from the intended use of an additive. If the FDA finds an additive to be safe the agency issues a regulation specifying the conditions under which the additive may be safely used, the full definition, can be found in Section 201 of the FD&C Act, which provides for any additional exclusions. If no such evidence exists, they must state this fact clearly on their labeling, bottled water is regulated by the FDA as a food. The Agency has published identity standards for types of water, and regulations covering water processing and bottling, water quality, the FDA can and does inspect cosmetics manufacturing facilities to ensure that cosmetics are not adulterated. On May 28,1976, the FD&C Act was amended to include regulation for medical devices, the amendment required that all medical devices be classified into one of three classes, Class I, Devices that do not require premarket approval or clearance but must follow general controls
