Take a few moments to look up the Terry v. Ohio case see: Terry v. Ohio, 392 U.S. 1 (1968).
What did the court say?
What rule did they come up with?
What are the key requirements?
Should the Court have allowed these stops in order to find evidence of crimes?
Should a police officer have the right to say, “I’m going to stop that person because I have a sneaking suspicion they’re up to no good.” Or does this give police too much power and authority that could be used in an arbitrary and capricious manner?
What are the long-term consequences of allowing this type of action and is the price worth it? Why or why not?
Are there any real-life events that come to mind on point? Are there any cases other than Terry v. Ohio on point?
2. Discussion Paper (starting from the Week 6 tutorial.) * This assessment
2. Discussion Paper (starting from the Week 6 tutorial.) * This assessment will require the submission of a written Discussion Paper, and active participation in a panel (see below for further details). You must complete BOTH components in order to obtain a mark for this assessment task.
Value: 30% Word length: approximately 1,500 words
For each tutorial from Week 6 through to Week 13, three to four students will be scheduled to submit a Discussion Paper. (This is NOT a group assessment, and you are NOT being asked to work in collaboration.) Your Discussion Paper should address your week’s tutorial topic.
Discussion Papers are to be submitted to Turnitin by latest the start of your tutorial time during your allocated week. (E.g., if you attend the Wednesday 2pm tutorial, and you have been allocated Week 7 for your Discussion Paper – the deadline for your Paper to be submitted to Turnitin will be 2pm, Week 7). Standard late penalties will apply.
Your Discussion Paper is to be divided into four sections. The sections are as follows:
1. Literature Review: In this section, you are expected to write a brief overview of each of the readings for the week, identifying the main arguments, key points, and perspective in each article. You are NOT being asked to provide a comprehensive summary of the readings. Rather: can you show a good understanding of the main argument and key points in each reading? Can you effectively frame and position the readings, in terms of their perspectives and debates that are being engaged with? 2. Critical Reflection: In this section, you are expected to discuss and reflect upon the week’s topic and material. This is the most important section in your Report, and should be the most substantial. How has this week’s material enabled you to think about and engage with the themes of the course? What do you think? Why? So what? Can you demonstrate that you are able to effectively and coherently evaluate and discuss perspectives, ideas, and arguments? Can you support and substantiate your observations and opinions through use and citation of relevant materials? 3. Research Scope: In this section, provide a brief indication of any further questions or research areas that you may be interested in pursuing, as a result of this week’s topic. This section does NOT need to be lengthy. 4. Reference List: Provide a full listing of any resources that you have directly used in your work. Do NOT cite resources that are not directly used. You are expected to conform to accepted referencing conventions.
As part of this assessment, all students submitting a Discussion Paper during a particular week will be seated at the front of their class, where they will act as a panel for their tutorial for the duration of 1 hour. (See assessment criteria, below.) Your tutor will moderate, and the panel will be expected to help the tutor drive and direct tutorial discussion. Panellists are encouraged to ask each other questions, as well as ask questions of the class – tutors may also interrogate the panel, and ask panellists to provide reflections or responses to particular questions or issues. Classes are encouraged to engage actively with each panel, and challenge panellists for their reflections and responses.
If you are late to class when you are on the panel, a late penalty will apply. If you do not attend class and participate in the panel during your allocated week, you will not receive a mark, as you are required to complete both components of the assessment task – unless you can demonstrate mitigating circumstances.
Discussion Paper • Writing and presentation: clarity and coherence of expression, grammar, punctuation, sentence construction, layout • Conceptual understanding: ability to identify, explain, discuss, and analyse key ideas, theories, arguments, issues • Capacity for critical reflection: ability to develop and articulate your own opinions and critical reflections, supported by relevant research and scholarly resources • Referencing: adherence to proper referencing conventions Panel • Contribution to discussion: ability to actively contribute to an insightful discussion of key points and issues
Effects of digital cuture 2 DEGITALLY MEDIATED RELATIONSHIPS, POTENTIALS AND LIMITS OF
Week #4 Discussion Question Criminal procedure Writing Assignment Help Effects of digital cuture 2
DEGITALLY MEDIATED RELATIONSHIPS, POTENTIALS AND LIMITS OF DIGITAL CULTURE
Digital culture is a broad concept that depicts the idea that the internet and technology significantly shape people’s interactions, behavior, thoughts, and communications in a society. It is a result of uncontrolled information access and pervasive technology. It includes cyber ethics, privacy, security, internet, social engineering, trans-humanism, policy, and modern psychology. Digital culture nowadays uses social media as people’s interaction mode with others (Gallivan, and Srite, 2005). This facilitates sharing every time of our life on social platforms such as Facebook and Twitter. It is a powerful means that modern society uses not only for communication but also for entertainment and education. The use of digital platforms has increased rapidly in recent years. For example; according to the United States Department of Commerce, the number of people in America using digital tools in their lives were increasing rapidly (Tapscott and Berry, 2009, p. 306). These digital platforms have influenced individuals’ social lives their relationships with each other in different environments. As such, this essay discusses how Facebook as a digital platform has shaped people’s social dynamics and relationships.
The digital influence theories and the model on Facebook influence
This theory talks of how individuals actively seek specific media information for certain reasons and goals. The theory establishes active audience member with the ability to evaluate and examine media in order to realize specific reasons. The theory examines the reasons as to why individuals use media and act according to a specific need. Communication scholars tried to seek why people act towards certain reasons and came up with several topologies of the needs of media use (Gallivan, and Srite, 2005). There are several assumptions as to when and why people may decide to become less or more active on Facebook. These include; Facebook is used for gratifications, Facebook and media are competing with other communication methods, individuals understand their interests, motives on media use (Tapscott, and Barry, 2009).
The media ecology theory
This theory tries to understand the impact of technology on social media. It claims that the media act in a direct way to organize and shape culture. The theory focusses in feelings, perception, value and understanding of people on social media. It tries to answer the relationship between members of a certain culture and technology. It was found that all culture was affected by media and technology in one way or the other. The theory has three assumptions; media is found in every action and act in society, the media organizes people experiences and fixe their perceptions. It concludes that media connects the entire world into a single political, cultural, economic and social system.
Effects of Facebook as a digital platform on social dynamics and relationships
Facebook is a digital platform founded by Mark Zuckerberg with more than one billion users worldwide. Facebook was purposely created as a means of communication and interaction between individuals, but its purpose has changed and many are using it in the wrong way. The Facebook platform is a social network made up of many strong ties to the user. The strong ties are the friends of a person on the Facebook page. It also has a fan page which includes members of a community most of which are weaker ties to the Facebook user or may have no tie at all (Tapscott, and Barry, 2009). On any social network, the stronger ties usually compete with the weaker ties for attention by the user. On a fan page, people not closely related to the user compete with the relatives of the Facebook user for the user’s attention. A person’s relationship is weaker with their identified brands and stronger with other users on the platform. The relationship of people closely related to the Facebook user on a fan page is stronger than that of other users in the fan page (Tapscott, and Barry, 2009). Facebook use has both positive and negative impacts on our social dynamics and relationships.
Effects of Facebook on governance
Social media has changed the way leaders govern people. For instance, the use of Facebook has enabled civic participation and people are well engaged in allowing them to come up with initiatives, plans, and ideas on how they should be governed. The participation has allowed transparent governance as those in power are able to reach their constituents in an easier way. Nowadays politicians are using digital platforms to interact with their constituents instead of traveling to their respective areas they represent (Keck, and Shikkik, 1999, p. 56). By this Facebook provides a platform for bringing out ideas on developments. Also, people are able to raise their concerns where they feel the government is mistreating them by overtaxing or poor service delivery. Through airing out their complaints on Facebook platform, the challenges affecting them are solved by the governing authorities (Gallivan, and Srite, 2005). Previous studies on elections show that the rise of Facebook has had a positive impact on political interests and political participation that leads to many voters performing their democratic right of voting. Such use of Facebook has strengthened the friendship bond between the politicians and the people they represent. The good relationship has also led to increased level of developments near the constituents.
Using Facebook strengthens the ties between individuals and families through sharing specific information such as the location of a certain shop selling specific goods at a cheaper price or sharing a family photo and allowing others comment on it (Hull, 2003, p, 67). One is able to get to know the whereabouts of their loved ones who are far away from them. For example, a person working in far areas can communicate with their loved ones and this brings them closer as they are able to share photos and videos. Couples are also able to view the most successful families and get to know how they have achieved the good relationship and this helps them to build their own families (Tapscott, and Barry, 2009). Facebook also contains family related pages that contain information on how to build a good family relationship and people on those pages may give advice to those having problems with their families.
With the use of Facebook as a social digital platform, disasters have been handled in a better way. Facebook has a safety check that enables those in areas prone to disaster to report their safety. Such information has helped disaster managers to respond to disasters faster. The disaster managers have digital platforms where people can report in case of any natural disaster on human catastrophe. These digital responders are helping deal with worldwide disasters in a significant way. Facebook has also helped in tackling some of the biggest challenges in the world ranging from climate change to violations of human rights (Gallivan, and Srite, 2005). A good example is the Arab spring where digital platforms like Facebook helped deal with these challenges. Facebook has been used to bring activists together while helping them to take into account all violators of human rights. Any content posted on Facebook can be used as evidence during wartime to know the violators of the law and put them into account (Tapscott, and Barry, 2009). Videos taken during wars and conflicts can be used as evidence before a court of law. The evidence enables justice to take its course.
Facebook on health industry
Facebook has been used by the health industry to change the way it works. The health sector carries out digital health campaigns and advertisements of upcoming health camps in a specific area. The sector has created digital pages on Facebook that helps groups of patients having the same disease condition to stay connected and share their challenges (Tapscott and Barry, 2009, p. 354). The sharing helps the patients feel better and this has proven to raise their hope of getting well. Also, people are able to share information regarding health and health-related benefits. Information pertaining to diseases outbreaks is shared faster and this helps further spread of the disease. Health industry also uses Facebook to reach the patients and know their health whereabouts. The Facebook can be used as a research tool to get information on medical information, tools, and biotechnology data. Such information may be channeled through certain Facebook group pages that are created and operated by professionals in the medical field and pharmaceutical manufacturers (Gallivan, and Srite, 2005). In public health, social media like Facebook can be used to track and foretell on disease outbreaks. Also, public opinions can be tracked from the social media and this information used to improve healthcare or act accordingly.
The use of Facebook on community
Some parents who are separated from their children due to some reasons such as migration, education or any other reasons are able to connect with one another. The connection improves one’s mood by being able to share with people in faraway areas. This brings about joy among the family members regardless of their distance. People are also able to share photos with their loved ones. Facebook provides a platform where people can post matters of national importance and discuss such topics which help bring ideas together (Buckingham, 2013). This helps create an informed society on matters of health, safety, development, and matters pertaining to national importance. It helps young people to have self-identity since it is a ground for face to face interaction and this helps to improve their communication skill and be able to relate well with other people (Tapscott, and Barry, 2009).
Facebook also make new relationships easily accessible. It helps the newly bonded partners stay connected after their first face to face interaction. This makes it easier and faster for people to know their partner’s interests and strengthens their compatibility bond. It also allows romantic partners to communicate with their people. For a relationship to work successfully there must be continuous communication and work, Facebook provides the medium for nurturing the relationship. Partners are able to pass their assurances, commitment, and love declarations through this platform to ensure continual relationship (Berthon, Pitt, Plangger, and Shapiro, 2012). Also posting statuses promoting the bondage is satisfying to either party in a relationship and this brings about self-esteem and joy. Facebook is also a good way of meeting and making new people because it allows one to add thousands of friends and therefore bringing several people together. Also, you get to know friends of your friends as they comment on your status and with this, a conversation may strike leading to good friendship.
Facebook can be a source of conflicts and confusion for many love relationships. When the lovers decide to make their love affair official on Facebook platform, other Facebook users may take advantage and try all ways possible to try to frustrate the relationship. The users may decide to post silly comments on the wall of either party. Such comments may upset the parties on the love affair (Gallivan, and Srite, 2005). Women mostly feel that making a relationship official on digital platforms means that it is serious contrary to men who take the advantage of the commitment and continue to make other relationships because men are less attached to their Facebook status. Such can lead to distress and disagreements that result to dissatisfaction and eventually break-up. Young people addicted to Facebook may end up having other psychological disorders. They may develop anti-social behaviors leading to less interaction with their parents and guardians resulting in a misunderstanding within the families (Buckingham, 2013, p. 35), Also, depression, abnormal anxiety, and excessive aggression may occur among many teenagers. Emotional problems may occur where the teens get pressure from the posts of their friends. The problems may be due to their bodies, looks and their self-image in comparison to their peers making them to develop inferior feelings (Buckingham, 2013). A survey of more than one thousand people conducted showed that young people, females, and those in a less serious relationship were the common Facebook users. People who use Facebook often are linked to greater shyness than non-users.
Exposure of private life
The use of Facebook profiles mostly exposes our genuine selves thus raising privacy issues. It is believed that high degrees of narcissism lead to more deep self-disclosures and higher self-promotional content in the messages Facebook users post. Lonely individuals tend to disclose more of their private information (Berthon, Pitt, Plangger, and Shapiro, 2012). One can use the information provided in the user’s profile to know where the user stays, user’s daily activities, the user’s relatives, workplace and daily movements of the user. Such information can be used to harm the user in many ways. Thieves may use this information to track and attack the user (Gallivan, and Srite, 2005). Facebook has exposed people’s certain aspects of life that ought to be private and confidential. One can decide to take photos of the user unknown to the user and post them. Also, one may decide to post certain photos of an event the user attended and this may upset the user.
Effect of Facebook on teenagers
Facebook distracts learning leading to low grades among the learners. This is because most of the learners tend to spend most of their time viewing their friend’s photos and posts instead of reading. Students who use Facebook for long are at high risk of failing their exams since they study for a shorter period (Buckingham, 2013). Mostly the students use the platform for entertainment, passing time and as a way of relaxing. Additionally, using Facebook has made teenagers vulnerable and susceptible to outside manipulation. One may end up making relationships with strange people who may have negative impacts on ones live. The strangers may be harmful to the teenagers and this puts them at a great risk of their personal lives (1abdulahi, 2014, p. 5). Also, most teenagers end up looking for cash by whatever means possible even if it means stealing to buy bundles for purposes of surfing through Facebook. This becomes a habit and is dangerous to their lives. Facebook has also led to child neglect by the parents leading to moral decay of the society in general. Parents have no time for their children as the parents are glued on their smartphones just surfing Facebook. The child neglect has led to increased levels of unlawful and immoral acts within a given society (Tapscott, and Barry, 2009). The children are exposed to early adult contents such as watching nude contents and dirty messages. With this, the children forget their studies and indulge in such immoral activities with no one to warn them (Mazer, Murphy and Siphods, 2007, p. 65)
Unhealthy sexual interactions
Facebook use has landed many people to unhealthy sexual interactions since there is no physical meeting. One person may decide to take advantage of the other and try to post nude photos and sex messages which may affect the psychological being of the others. Due to uncontrolled information posted on the Facebook platform, teens are vulnerable to unhealthy posts and photos at their tender age hence affecting their moral values and their usual way of life. When teenagers view adult nude photos and videos of adults making love, they may be tempted to engage in early sexual intercourse (Gallivan, and Srite, 2005). This mostly affects teenage at their adolescent age. This makes them to be at great risk of contracting diseases like HIV and syphilis (Buckingham, 2013). Also, the ladies can get pregnant at their early age. This affects their education, self-esteem and their social lives. The social learning theory and the cognitive theory claim that media exposure lead to acquisition of certain behaviors with their emotional, social and cognitive impacts.
Development of unhealthy disorders and antisocial behaviors
Although greater use of social networking such as Facebook is associated with connecting to close friends, only offline interactions are linked with less loneliness. Facebook also fuels envy since one becomes more jealous of their Facebook friends after viewing their profiles which leads to peer pressure. The pressure may lead to depression and some kind of self-denial since one feels bad after comparing their life to others. Many relations on Facebook are somehow ambiguous because it is not easy to know most of your partner’s friends on Facebook and the type of relationship they have (Berthon, Pitt, Plangger, and Shapiro, 2012). Facebook allows easy accessibility for one to survey your profile which increases the possibilities of jealousy. Facebook has also led to isolation where one has no relation with people close to them since they spent most of the time on the digital platform (Gallivan, and Srite, 2005). The isolation makes one shy and incapable of speaking or expressing themselves in front of people.
Baym and Turkle arguments on digital relationships
Nancy Baym proposes the shaping of social technology that keeps the affordances of media and constrains the use of technology. In this position, media and society shape meaning and this leads to media domestication that track the way technologies move from societies and then be integrated on people’s daily life (Gallivan, and Srite, 2005). According to Baym, cybercafe, digital and online accounts have several problems that are separate from social interactions and embodied life. This inevitably leads to minimization of the effects of the user’s decisions and autonomy in the use of media. Instead, Baym claims that mediated interaction and communication should not be a space, but an additional means of how people connect (Abdulahi, Samadi, and Gharleghi, 2014). The communication should be understandable as one that is firmly embedded in and triggered by the realities of an embodied life. This means that both the desires and the needs of the user and the nature of media shape the utility and meaning of a specific medium at a specific time.
According to Sherry Turkle, digital platforms like Facebook have negative impacts on family life, romance, education. She calls arms of governments to arrest the damaging consequences of media. She gives an example of the environmental movement that started in the 1960s and suggests that people mostly use most of their time on social platforms rather than focusing on the real life. Sherry argues that Facebook creates a sense of strangeness and it is important that one’s personal information should not be accessible by others (Berthon, Pitt, Plangger, and Shapiro, 2012). Sherry concludes that people need to focus on real life and minimize the time they spent on social media. This is because Facebook only allows people to interact but it has no room for intimate relationship. Sherry believes that face to face communication is good as it provides healthy interaction with intimate relationship and thoughtful interactions.
Comparison between the two
The arguments between the two are almost similar as they all suggest the need to minimize the time spent on social media and avoid the negative effects and consequences of the media. Baym proposes that the use of Facebook should not control somebody’s life but instead Facebook should only be used to supplement our lives; while Turkle proposes that Facebook use should be minimized and instead people should focus on their life. While Baym proposes the proper use of the Facebook impact lives positively, Turkle is of the opinion that Facebook has no good in it and should be avoided by all means. Sherry Turkle argues that digital platform does not provide a room for intimacy (Buckingham, 2013). A person does not bother of others’ expectations on the other end of communication. However, Nancy Baym argues that digital platforms completes the communication and strengthens relationships. She argues that many people use Facebook to communicate than they do on face to face communication. This is contrary to Turkle who believes that efficient communication must produce intimate outcomes and have thoughtful interactions which are only found on face to face interactions (Gallivan, and Srite, 2005).
According to Baym and Turkle, Facebook has been associated with increased political and social participatory practices because of its capacity to allow distribution and sharing of information and to connect people without using much effort. Both argue that Facebook has created online community into which political conditions and material can be transcended on daily basis (Arnould, and Thompson, 2005). The argument is correct because people have used Facebook to influence others politically and this has had great impact on the decisions people make. Such influence is achieved by creating Facebook platforms that bring people from different religions, races, regions and communities together. The connection and communication do not require much effort since people are able to raise their views from wherever they are. Turkle and Baym argue that although Facebook aims at connecting people, it creates social space where people share information without any clear reason and their relationship to their peers is not clear. The social space created allows people from different individual spheres to collide and this becomes a problem since the people have different and contradicting expectations on how to interact and act (Berthon, Pitt, Plangger, and Shapiro, 2012). This is because the people are unknown to each other and they do not know how to interact on a friendly way without offending each other. There is always a diverse nature between friends on Facebook platform that make it difficult for them to relate well when sharing the information on Facebook.
Our social lives will always be saturated with media which will always influence our family relationships and social dynamics. In this essay, it is evident that the use of digital platforms like Facebook could have both advantages and disadvantages. It is therefore good to use the digital platforms in a positive way and avoid being addicted to them as this has adverse impacts on the way of living among communities. Self- systems of Facebook users are vital in making bridging and attaching social interactions as well as producing social capital impacts. Facebook has enhanced communication and relationships but it should be used for the betterment of lives to avoid its negative impacts.
Abdulahi, A., Samadi, B. and Gharleghi, B., 2014. The negative effects of social networking on digital sites such as facebook among the asian pacific university learners in Malaysia. International Business and Science journal.
Arnould, E.J. and Thompson, C.J., 2005. Consumer culture theory (CCT): Twenty years of reVodanovich, S., Sundaram, D. and Myers, M., 2010. Research commentary—digital natives and ubiquitous information systems. Information Systems Research, 21(4), pp.711-723.search. Journal of consumer research, 31(4), pp.868-882..
Berthon, P.R., Pitt, L.F., Plangger, K. and Shapiro, D., 2012. Marketing meets Web 2.0, social media, and creative consumers: Implications for international marketing strategy. Business horizons, 55(3), pp.261-271.
Buckingham, D., 2013. Beyond technology: Children’s learning in the age of digital culture. John Wiley & Sons.
Burke, M., Kraut, R. and Marlow, C., 2011, May. Social capital on Facebook: Differentiating uses and users. In Proceedings of the SIGCHI conference on human factors in computing systems (pp. 571-580). ACM.
Gallivan, M. and Srite, M., 2005. Information technology and culture: Identifying fragmentary and holistic perspectives of culture. Information and organization, 15(4), pp.295-338.
Hull, G.A., 2003. At last: Youth culture and digital media: New literacies for new times. ReKline, S., Dyer-Witheford, N. and De Peuter, G., 2003. Digital play: The interaction of technology, culture, and marketing. McGill-Queen’s Press-MQUP.search in the Teaching of English, 38(2), pp.229-233.
Keck, M.E. and Sikkink, K., 1999. Advocacy In transitional networks regional and international and politics. International social science journal, 51(159), pp.89-101
Kerr, A., Leidner, D.E. and Kayworth, T., 2006. A review of culture in information systems research: Toward a theory of information technology culture conflict. MIS quarterly, 30(2), pp.357-399business and culture of digital games: Gamework and gameplay. Sage.
Kline, S., Dyer-Witheford, N. and De Peuter, G., 2003. Digital play: The interaction of technology, culture, and marketing. McGill-Queen’s Press-MQUP
Mazer, J.P., Murphy, R.E. and Simonds, C.J., 2007. I’ll see you on “Facebook”: The effects of computer-mediated teacher self-disclosure on student motivation, affective learning, and classroom climate. Communication education, 56(1), pp.1-17.
Meyrowitz, J., 1986. No sense of place: The impact of electronic media on social behavior. Oxford University Press.
Sheldon, P., 2008. The relationship between unwillingness-to-communicate and students’ Facebook usBazarova, N.N., 2012. Public intimacy: Disclosure interpretation and social judgments on Facebook. Journal of Communication, 62(5), pp.815-832.e. Journal of Media Psychology, 20(2), pp.67-75.
Sturgeon, C.M. and Walker, C., 2009. Faculty on Facebook: Confirm or Deny?. Online Submission.
Tapscott, D. and Barry, B., 2009. Grown up digital: How the digital generation is transforming your world (Vol. 200). New York: McGraw-Hill
The scope for using survey evidence to prove confusion 1 Strategy for
The scope for using survey evidence to prove confusion 1
Strategy for improving organisation and culture 2
THE SCOPE FOR USING SURVEY EVIDENCE TO PROVE CONFUSION
The scope for using survey evidence to prove confusion
Survey evidence has been used in different cases to clear issues that could not be cleared through any of the other means. Based on the cases provided, survey evidence can be used in different areas including in cases that may require a decision on acquired distinctiveness, where there is lack of distinctive character, and to provide proof of use (Bible, 1999). The use of survey evidence in cases with deficiency of distinctive character came from the decision that was made on Marks & Spencer Plc v Interflora Inc and Interflora British Unit. Additionally, survey evidence has also been used to clarify issues in cases where the trademark has become generic, like in the case of United Biscuits (UK) Ltd v Asda Stores Ltd. Cases involving a product’s reputation have also considered using survey evidence as a way of getting the right information for the incident.
In the case of Interflora Inc. v Marks and Spencer Plc (No. 2), the use of survey evidence was considered significant in passing-off cases. Survey evidence is also used for purposes of ascertaining whether some product or service consumers link a specific symbol, word, design, collocation of color, or right, as coming from a single source (Bible, 1999). Trademark type of surveys, on the other hand, tends to be used as probative evidence of real confusion. These surveys help to bring about the right proof through judicial comparisons, the general context of all its applications in the marketplace, and dilution testing (Thornburg, 2004).
Reasons why survey evidence is hard to get right
Some of the reasons why survey pieces of evidence are hard are attached to the fact that they only make sense if those involved report their preferences and beliefs honestly. Again, increased cases of misinterpretations have been said to be amongst the main reasons why getting it right using survey research (Thornburg, 2004). Generally, the measures of preferences and beliefs in survey research are always biased, thus affecting their quality and integrity.
Bible, P.M., 1999. Defining and quantifying dilution under the Federal Trademark Dilution Act of 1995: Using survey evidence to show actual dilution. U. Colo. L. Rev., 70, p.295.
Thornburg, R.H., 2004. Trademark survey evidence: Review of current trends in the ninth circuit. Santa Clara Computer & High Tech. LJ, 21, p.715.
Introduction The English law protects parties to agreements using its contract laws,
The English law protects parties to agreements using its contract laws, consumer protection regulations as well as other international laws. In protection of the rights of buyers in international sale of goods, UK has adopted international provisions and local laws. This practice has helped in easing the trading activities cross-border. The English law has been extensively used in international sale of goods transaction. Most countries especially commonwealth nations have adopted the use of English law during transactions on the international arena. In particular, foreign parties have chosen the English courts to solve any disputes in regards to international sale of goods disputes. Nonetheless, there has been massive development in the international commercial law that has displaced the English law use in international contractual disputes. In 1980, the Vienna Convention on Sale of Goods was enacted by the international community to regulate international sale of goods activities. The CISG has therefore, played a positive role in the regulation and removal of legal obstacles that had encompassed the international sales. However, the law has come cross-head with domestic policies that has prevented its effective implementatiobn. Furthermore, parties in international law have found the CISG to be complicated as it produces many uncertainities which makes it had to be applied in the transactions. In respect to both laws, it is important to look at the remedial provisions to the buyer and their effects on the contractual law. Specifically, the study will look at the remedial provisions such as specific performance, reduction of price, right of termination and the right to cure under both regimes. Therefore, it will be argued that although the English law has been used for a long time as a governing law in international trade, it has not effectively addressed the remedial provisions as the Vienna Convention on Sale of Goods. Hence, the discussion will focus on the remedies under the Sale of Goods Act of 1979, the Consumer Protection Act of 2015 and compare them to the provisions of the CISG of 1980.
Sale of Goods Act 1979
The Sale of Goods Act of 1979 regulates the contract of selling and buying goods within UK and cross borders. The Act was replaced by the Consumer Rights Act of 2015 but it has remained as an essential and primary law in the transactions. The law applied on contracts of goods also known as chattels. It defined the elements of forming a contract, the effects of such contract, the rights of the parties when a breach has occurred and other essential issues. Although it has been replace, it is being used especially for contracts that were entered before the Consumer Rights Act of 2015 was enacted. The Act provides for remedies that apply when a breach occurs. In particular a buyer is remedied if the goods sold do not meet the prescribed quality and purpose. In that, the Act requires the goods to have a description to show it meets the satisfactory quality and fit for its purpose. Fit for purpose in this case means the goods are for the intended everyday purpose and the agreed purpose. For example, the specific purpose of a printer for your computer should meet that need. Further, the Act requires the goods sold by sample should match the described sample. A buyer may not be allowed to contend lack of the described quality if, he had an opportunity to notice it and did not take any steps to inform the buyer or the quality was brought into his knowledge before buying them. Therefore, being a primary law in the UK, the Act will be significant in this study as it will be used to analyze the remedies applicable for the buyer in international sale of goods.
Consumer Rights Act of 2015
The Consumer Rights Act of 2015 was enacted to replace the previous legislations on sale of goods contracts. The Act came into force to simplify, strengthen and close the gap that had been created by modernization or the current practices such as technology. Therefore, its establishment was to consolidate the fundamental rights of the consumer that are involved in sale of goods and services contracts, digital content and regulations on unfair terms in consumer agreements. It can therefore be said, the Act was to cure the complexity that was the UK consumer law and other issues such as uncertainty and fragmentation. Also, the Act was to meet the new demands of consumers that derived from the international community as well as the European directives. In particular, the bringing of Consumer Sales Directives 99/44/EC (CSD) brought changes in the sale of goods which were difficult to integrate into the UK law. For example, the CSD introduced several consumer-friendly remedies that did not have a good reception due to the confusion it brought to the consumers. This is because there was an overlap with the UK law remedies. Hence the implementation of the Act was to remedy the difficulties that were faced during the adoption of the EU directives.
The Vienna Convention on Sale of Goods
The Vienna Convention on Sale of Goods was enacted in 1980 and it has been adopted by by most countries including commonwealth nqtions, European countries, the United Sattes, china and other nations. The law was enacted to govern internation sale of goods between parties and solve the issues on fragmentation due to different laws established by states. Regardless of its imperfections, the law has been effective in providing remedies to the aggrieved party of a contract. The law presents few challenges such as insecurity, ambiguity on issues affecting the formation of contract and performance. For example, the CISG has created problems on what constitutes fundamental breach and avoidance and how that is done. Nevertheless, through the comparison with the English law, the CISG will help in understanding the remedial provisions for the buyer in international sale of goods when a seller has breached the contract.
Through the analysis of the two regimes, it is clear that, there are remedies available to the buyer in international sale of goods contract. The buyer has a right to rescind the contract, request for specific performance, reduce the price of the goods and others. Further, the UK law on sale of goods has been applied by parties in international transactions in solving issues. Therefore, both the CISG and English laws are important in protecting the rights of the parties especially the buyer in international sale of goods agreements.
The international sale of goods contract or agreements faces challenges of defaulting that most countries and the international community have established laws to protect the parties concerned. The UK has its laws that ensure there are remedies to protect the parties in the international sale of goods contract. Additionally, the drafters of Vienna Convention on Sale of Goods envisioned a lw that could help solve this problems and make it easier for p-arties to trade cross borders easily. Consequently, the study looks at whether the UK law is more effective than the CISG in protection of the rights of the buyer in international sale of goods contracts through analysis of the remedies available in both regimes.
Purpose of the Study
This study is purposed to analyze at the UK policies on the remedies application in the international sale of goods contract as well as compare them to The Vienna Convention CISG. Through the analysis of these legal regimes, the reader will be able to understand the remedial provisions for a buyer who is aggrieved by the breach of the sale of goods contract in international contracts.
Why the UK adopt the Vienna Convention?
Why are the remedies different in the Vienna Convention?
What are the policy issues underlying English choice on remedies?
Do the parties in the international sale of goods contract protected in the UK sale of goods laws?
What are the remedies in the international law on sale of goods contract?
Are the remedies in the UK laws similar or different from other common law countries like Australia and South Africa in the international sale of goods contract?