Psychological Criticism Essay

Psychological criticism is an approach in analyzing literary texts through the use of psychological concepts especially the human desires and feelings that a person is unaware of. The text is analyzed and understood together with the possible responses of the reader as well as the author of the text. Psychological criticism basically begins with trying to understand the author’s psychological conflicts as revealed in the literary piece. Characters in the story are also analyzed in terms of putting them into real-life situations. Lastly, psychological criticism also seeks to know the appeal of the literary piece to its readers and the ability of the readers to identify their personal desires and fears in life. In the poem â€Å"Piano,† author D. H. Lawrence appears to write about the childhood love of the narrator towards his mother. This adoration for the mother reflects Sigmund Freud’s theory about the psychosexual development of human beings, specifically the stage where the male child suffers from what Freud calls the â€Å"Oedipus complex†Ã¢â‚¬â€male little children having incestuous desires for their mothers. The narrator’s act of recalling memories also brings to mind the idea in psychology that life experiences that touch people the most are most likely to be retained in our memory. The poem suggests that the narrator simply cannot forget his childhood experience of listening to his mother play the piano because it is an unforgettable and touching experience for the narrator. Psychological criticism allows for a careful analysis of literary texts through the use of concepts in psychology. It basically attempts to get a more comprehensive understanding of texts as far as the readers, authors and the literary pieces themselves are concerned. All in all, the human unconscious plays an important role in psychological criticism.

Diaspora and Health?

Traditional Medicine and Culture in a Mexican Migrant Community in 2008. â€Å"As members of the Mexican Diaspora acculturate/ assimilate to life in the united States they gain skills that help them improve their socioeconomic status† (Walden, 2008), but their health deteriorates as their culture is lost. The importance of cultural competence in nursing includes recognition of how the deterioration occurs and practice the principles of healthcare ethics through autonomy, beneficence, malefaction, and justice while practicing healthcare for this population (Demonic, 2015). Summary of ArticleThe journal article being reviewed for this paper is a doctoral dissertation that studies the changes in overall health of the Mexican Diaspora after migrating to the United States. The writer presents a specific study group of migrant Mexican women in Georgia, as well as some general Mexican immigrant information from other sources, including California. The objective seems to be to educate the healthcare providers on the overall health of the migrants related to their choices of lifestyles. The two choices being to remain in a low- income but migrant population, or to assimilate and acculturate into theAmerican populations. The primary research site for this study is in Athens, Georgia and takes place in a Spanish-speaking low-income neighborhood named â€Å"Los Duplex† and it focuses on women. The economy in Athens depends on the University students and much of the employment is with the service industry. The neighborhoods, or barrios, are small and isolated on the outskirts of town. Los Duplex has a community center that is nick named La Cellulite or Little School. The community center offers classes in English, parenting, nutrition, as well as after-school activities and homework help for kids.The community center has â€Å"†¦ Eloped cultivate a sense of community among the residents, who come from many different parts of Mexico† (Wieldiest, 200 8). After describing how the study group was chosen and what all the details of the study were, Wieldiest continues on with the explanation of the difference in health the Mexican migrants face by either staying true to their culture or assimilating to their host culture. So many migrants come to America with the intention to work and return to their country and family, but when they start working and acculturating many of them choose to stay.Wieldiest explains that Mexican women are well-educated as part of their up- ringing, about the natural medicines. The native plants are used for all purposes of health. The two most popular medicinal plants are chamomile and peppermint. Not only the indigenous plants, but the whole foods that the Mexican woman prepare are fresh and have more protein, vitamin A, C, folic acid, and calcium than what the American born Mexican women and the women of European descent prepare. Wieldiest explains that this is because Mexican women's definition of a g ood diet includes fruits, vegetables, and plenty of water.The women pointed out that mindful eating is important, only eating what the body needs, and eating outside of the home, â€Å"especially in the street' leads to poor habits and sickness. Mexican women that were used in this study pointed out that staying calm, avoiding anger, staying active, caring for oneself and others, and getting enough sleep were also important, along with healthy eating. The migrants that came to America, but sought out their one culture to live amongst stayed active physically and socially.The types of employment available were manual labor jobs, agriculture, factory, restaurant work; all of which are active jobs where the errors had less chance to become sedentary and obese. By sticking to their own neighborhoods and social groups they stayed happy and active. Medicine and medical care is taken care of in the homes by the Mexican woman using natural remedies and herbs. Wieldiest learned that Mexican families expect the women to learn about the medicine and how to use them.The fresh herbs are preferred over the dry herbs that are purchased in the stores in America, but the plants don't grow well in the America due to the weather changes. A most popular herb is chamomile to be used as a tea infusion. This is useful for Castro-intestinal problems because it has anti- spasmodic and anti-inflammatory properties. The women shared 42 different herbal remedies during the interviews. Two popular over-the-counter products the women used were Ethylene for headaches and Vic's Vapor Rub for congestion.The most common prescription medications include anti- fungal, high blood pressure, diabetes, and antibiotic medications. Application to Practice The Mexican Diaspora who remain the healthiest tend to stick to their own culture when they migrate, however the women of this study recognize the deed for professional medical treatment. Going to the doctor is reserved for the most serious sickness es that do not respond to home remedies. For this reason the migrants interviewed for this study told about the free clinics, women's clinics, and public hospitals in Los Duplex area.Some Of the immigrants have insurance and some participate in low-income assistance programs. The hospitals in Athens have a well-funded low-income assistance program that even covers UN-documented immigrants. The hospitals and clinics used for this study had interpreters and bi-lingual healthcare revisers. The hospitals employ social workers to help enroll the children in programs like Medicaid, Women Infants and Children (WICK), and a local program in Georgia called â€Å"Peachier. † Healthcare barriers cited by Wieldiest that were reported by the Mexican women of Los Duplex include those that most healthcare workers.High cost of healthcare, no health insurance, poor English skills, and lack of transportation are the main barriers. In chapter 25 of Advanced Practice Nursing there is a definitio n for Principles of Healthcare Ethics: Ethical principles are universal rules of induct that identify which kinds of actions, intentions and motives are valued (peg 554). This is only a fraction of the definition, yet it is so profound. The women of this study value community, love, family, and healthy living. They are raised and taught as children to take care, nurture, grow, and heal themselves and their families and friends.Mexican women are autonomous, they choose for themselves how to live healthy. They are beneficent by demonstrating kindness and helping others. The health care system in place in the Los Duplex area should stay maleficent, avoid causing patients arm. If the women have exhausted the home remedies prior to taking their friends or family to the hospital they expect to be cared for, not harmed. â€Å"Justice is the obligation to be fair†¦ † And this is another expectation when people go to a healthcare facility (Barker, 2013. Peg 554-556). Nursing inte rventions should be in put in place for each barrier presented by a patient.An example of a nursing intervention for a family in the Los Duplex would be to have all forms in Spanish and English along with some type of interpreter offered. While admitting a Mexican migrant patient into a hospital r clinic, attention should be given to the culturally common home remedies. Fifth intake nurse is educated in the culture and now the patient has hypertension, then what other natural herbs or fruits and vegetables is the patient taking in that could be contra-indicated with a medication, and therefore rendering the high blood pressure medication that was previously prescribed, as useless.Nurses hold the power when it comes to connecting with patients, they are the driving force of the care continuum. The more the nurses know about the community culture and the patient culture, the better are can be offered and healthy outcomes achieved. Conclusion The study that was used for this dissertati on touched on key concepts of cultural sensitivity in communicating with Mexican Diaspora, especially the women who care for their families and friends.As a migrant culture, the Mexicans are healthier if left to take care of themselves with their home remedies of healthy herbs, healthy diets, healthy mental status, and healthy social groups. As health care providers, it is important to maintain an ethical health care environment and respect the autonomy of the Mexican women ascribed in this paper. They treat their families and friends with beneficence and the health care providers need to remain maleficent when assisting the patients with their illnesses.Meanwhile, the organization of healthcare systems need to treat every patient justly, address the language barriers, the financial barriers, and insurance barriers with fairness and equality. The study of Los Duplex was a small group of Mexican migrants, and like other world cultures, there are many more cultural differences. The mo st important point is to respect the patient, listen and do the best job possible to et the needs of the mother or father or child sitting in the chair in need of medical attention, no matter what culture they are from.

Accounting Is Important For Growth Sustainabilityâ€Free Samples

Accounting is very important for the growth and sustainability of both old as well as new businesses globally. The financial books, therefore, need to be in top shape every year in order for other activities to run smoothly and improve profitability. Moreover, proper accounting of financials of the businesses enhances the future trends of the business in terms of making decisions (Guthrie and Parker, 2014). This calls for efficient and long-term plans in terms of accounting for a business because the accounting needs are likely to increase as the business grows. In this case, the international financial reporting framework needs to be adopted because it is associated with several merits (Jorissen et al., 2017). To determine the effectiveness of financial accounting report statements in SMEs in Jaipur, India. The importance of financial accounts in the businesses cannot be underestimated. The scope of this study will be to focus on non listed private limited liability entities in the financial sector such as banks and other privately owned firms and companies. The SMEs will thus be selected from this class of businesses and their financial statements analyzed. Accurate financial reporting also gives the investors the willingness and confidence to invest in the business. Moreover, accurate finance reports lead to low costs of capital and ensure that the resources in a business are allocated wisely on the basis of economic development (Suddaby et al., 2015). This calls for the internationally recognized accounting standards to be used because they are of top quality. Another advantage of the global accounting standards in a business is that they can be shared, understood and embraced by several setters of standards globally. Although there are some domestic setters of financial standards, but they need to be in agreement with global setters. In this case, the basic theory of financial standards is not just theory but should be based on support. Since there are very many global standards which act as a financial to global accounting and auditing, the standards adopted should be able to achieve some results. Be hiring a reputable company to ta ke care of the accounting needs of a business, it could be possible to be moving in the right direction in terms of accounting. This makes it possible to fill in some gaps which exist in global accounting which could lead to enhanced business performance. There are some functions of business transactions such as payrolls and ledger books which are almost a daily part of any business (Armstrong et al., 2015). These transactions are carried out on the basis of a set routine and protocol which do not necessarily require expertise in business. In some cases, this can be very dangerous to the company because global accounting standards are very crucial in minimizing errors. In this case, a research will be carried out to determine the use of SMEs in Jaipur city in India. Lack of proper accounting in business is identified with various problems which can negatively affect the continuity and overall performance of a business. For instance, inappropriate accounting makes it difficult for a business to open operations in new markets (Guthrie and Parker, 2014). With increasing varied needs for various market segments, the financial companies face a lot of pressure in an effort to meet the clients' needs. As the shortage of labor increases, so does the companies become in need of talents for its employees. With the young generation adopting technologies, when they retire from service, it becomes important for a company to get other talented people so that they can create plans for the future business operations (Kaya and Koch, 2015). Moreover, there are challenges in creating a team of internal employees who can demonstrate leadership abilities. Such leaders are very crucial for the continuity of the business upon retirement. However, the challenges being faced by businesses in terms of financial accounting and auditing create problems. If some talented leaders would be trained, they would become experts in solving some of the problems that the business might face in the course of its operations (Van Auken and Carraher, 2013). Such motivated and talented employees who possess the best qualities for business operations can thus be an asset because they determine the way in which the customers, employees, and investors perceive the company (Leuz and Wysocki, 2016). However, if the resources are not appropriately allocated due to poor financial reporting, then it becomes difficult for the business to obtain external help in molding the team of next generation leaders who would build the reputation of the business. There are several problems which are associated with lack of proper financial accounting among the SMEs. Most of these classes of business do not adopt the international accounting standards and may mostly rely on their accountants. This could lead to improper decision making which affects the profitability of the business due to failure in meeting the requirements of the business. Another problem which emanates from improper financial reporting is that there are problems with regards to adoption of technology. Some businesses are so reluctant in coping and keeping abreast with the ever-changing trends in technology in order to meet the needs of the customers. Moreover, poor financial reporting could make it difficult to handle the expectations of the clients. This is because nearly every client expects to receive top quality services so that the problems that they are facing can be solved within a short time. It becomes wise that financial reporting companies maintain the customers who are of the same type in terms of meeting their expectations. Since there are variations and varied arguments on whether to use the qualitative or quantitative methods, this study will adopt the mixed methods. The mixed method will apply many data collection methods in terms of interviews and questionnaire surveys. This will allow the detailed investigation of financial reporting among the SMEs in India by use of several perspectives, a step which will increase the confidence of the researcher on the obtained data and results. The use of multiple sources will enhance a complete and holistic form of data collection for this research. As a result, elements of both the qualitative as well as the quantitative data collection methods will be used. This is because there is a wide range of research questions which needs to be answered to meet the requirements of this research. Some of these research questions are more of descriptive and exploratory, necessitating the use of mixed methods. More specifically, the inclusion of the qualitative aspects of data collection, will make it possible to understand the complex nature of the aspects that are being studied and hence a clear understanding. Since the accounting processes involve the human behaviors, the mixed research will help in gaining an understanding of the nature of usage of accounting information. The qualitative research will therefore use a detailed questionnaire which will have both open ended as well as closed ended questions. Therefore, the concurrent triangulation research approach will be used such that the quantitative and qualitative data collected will be analyzed separately but interpreted together. For the quantitative methodology, well structured interviews will be conducted to the same number of respondents on phone as well as face to face. This will ensure that each of the interviews will have the same set of questions. As such, comparisons between various types of SMEs will be easily made based on the aggregation of the obtained answers. In this case, all people of 18 years and above will be included in this study. This will be done in order to ensure that the perceptions of social media marketing in financial institutions were covered throughout all ages. More so, the various SMEs in Jaipur city will be interviewed in order to get their reactions and views concerning financial accounting and auditing in decision-making processes (Vander Bauwhede et al., 2015). Having identified the population, it is important for the researcher to draw a sample from the population. This sample is representative of the population being studied and hence the findings of the sample population can be interpreted on to represent the study population (Charan & Biswas, 2013). In this research, the sample size will be 150,000 SMEs in Jaipur city of India. In this study, simple random sampling technique will be used to interview respondents, answer the research questions and test the hypothesis. A pilot study will be carried out before the main study in order to determine the effectiveness of the data collection tool before the main survey. The variables in this research will be classified as dependent (that the researcher is interested in) and independent (affects the dependent variables). The dependent variables will include age, gender of the respondents. The independent variables will include the nature of the business, whether they use the standard financial accounting standards, level of effectiveness of the financial statements, nature of the business and whether they file the tax returns. Having chosen the sample for this study, forms of informed consent will be sent to the study participants electronically and by hand delivery. The purpose of the study will be explained to the participants and responses will be promised to be confidential and only compiled together with the views of other participants to make a general conclusion and recommendation. The questionnaires will be sent to the respondents via their email addresses while others will be delivered by hand by the research assistants. The participants will be asked to submit the filled questionnaires back to the researcher after three days. The responses received from the questionnaires and interviews will be entered in Microsoft excel, edited and coded as appropriate. The data will be exported into SPSS version 17 data analysis software, analyzed and data presented using descriptive statistics such as means, mode percentages, 5-likert scale and standard deviations. The summaries of the results will be visually presented in forms of tables, charts, and graphs. Moreover, multilinear regression model will be used to find out the use of financial accounting in SMEs. The responses received from the questionnaires will be entered in Microsoft excel, edited and coded as appropriate. The data will then be exported into SPSS version 17 data analysis software, analyzed and data presented using descriptive statistics such as means, mode percentages, 5-likert scale and standard deviations. The summaries of the results will be visually presented in forms of tables, charts, and graphs. Moreover, multilinear regression model will be used to find out the effectiveness of financial reporting for SMEs. While the multi-linear regression controls the effects on independent variables, it will also offer information concerning the effects of independent variables. It is expected that most of the SMEs that uses financial reporting are banks, tax authorities and some management entities. For the case of large SMEs, the financiers are the biggest users of accounting (Brouwer and Hoogendoorn, 2017). Since the directors form the majority of the shareholders of the SMEs, several sources of information are used for the purposes of decision making. In this case, the SMEs statements are expected to be the biggest source of information for the purpose of decision making. There is a likelihood of using both internal as well as external sources of financial accounting reporting standards (Valentinetti et al., 2016). Most of the tax liability by the directors of the SMEs can be estimated using financial statement. The use of mixed methods in research is associated with threats to the validity and reliability of the results obtained. For the primary data a test for validity and reliability will be conducted to find out whether the same results can be reproducible. However, for secondary data, there will be no need of carrying out the test because the data will have already been published and signed as passed in the financial statements of various SMEs. Some of the limitations of the methodology in this research will be in terms of the long time and effort required. Moreover, the research will require more resources in order to collect enough information to answer the set-out research questions. While many sources of information will be used in order to be confident with the research findings, most likely some of the information obtained might not be collaborative and hence there could be a possibility of the discrepancy of results. Most of the respondents who will be considered in this research are those who have sound business enterprises. Since some of the respondents who will be out of reach will be sent the questionnaires, there might be a possibility of bias in terms of ability to read, write or use internet services. Armstrong, C., Guay, W.R., Mehran, H. and Weber, J., 2015. The role of information and financial reporting in corporate governance: A review of the evidence and the implications for banking firms and the financial services industry. Brouwer, A. and Hoogendoorn, M., 2017. The role and current status of IFRS in the completion of national accounting rules–Evidence from the Netherlands. Accounting in Europe, pp.1-13. Charan, J., & Biswas, T. (2013). How to calculate sample size for different study designs in medical research?. Indian journal of psychological medicine, 35(2), 121. Guthrie, J. and D. Parker, L., 2014. The global accounting academic: what counts!.  Accounting, Auditing & Accountability Journal,  27(1), pp.2-14. Jorissen, A., Britton, A., van Mourik, C., Hoogendoorn, M. and Alexander, D., 2017. International Financial Reporting and Analysis. Kaya, D. and Koch, M., 2015. Countries’ adoption of the International Financial Reporting Standard for Small and Medium-sized Entities (IFRS for SMEs)–early empirical evidence. Accounting and Business Research, 45(1), pp.93-120. Leuz, C. and Wysocki, P.D., 2016. The economics of disclosure and financial reporting regulation: Evidence and suggestions for future research. Journal of Accounting Research, 54(2), pp.525-622. Mulvey, G. J. (2015). Ethics in research. Bulletin of the American Meteorological Society, 96(3), 477-479. Suddaby, R., Saxton, G.D. and Gunz, S., 2015. Twittering change: The institutional work of domain change in accounting expertise.  Accounting, Organizations and Society,  45, pp.52-68. Valentinetti, D., Rea, M.A. and Basile, C., 2016. Differences between national reporting practices and IFRS for SMEs presentation and disclosure requirements: Evidence from Italy. International Journal of Accounting and Financial Reporting, 6(2), pp.146-174. Van Auken, H. and Carraher, S., 2013. Influences on frequency of preparation of financial statements among SMEs. Journal of Innovation Management , 1(1), pp.143-157. Vander Bauwhede, H., De Meyere, M. and Van Cauwenberge, P., 2015. Financial reporting quality and the cost of debt of SMEs. Small Business Economics, 45(1), pp.149-164.

Student-Oriented Assignment Example | Topics and Well Written Essays - 250 words

Student-Oriented - Assignment Example This focus on the student achieving the objective through the teaching methods is also applicable to nurses in their professional practices. The patients need to become the center of focus in providing the services. Patient-oriented practices in nursing are vital in providing quality healthcare services to the patient. Having the required attitude, expertise and dedications that focus on the best outcome in nursing will ensure that the patients get quality services. Patient-oriented services ensure that the patient is safe and get quality services through providing what is best for the patient. Providing quality services may need the cooperation of other nurses that is similar to the collaboration of the student in student-centered learning. The cooperation among nurses might include the exchange of options and ideas on how best to take care of the patient. There is also need to understand the patients’ requirements in providing these quality services and making a decision on the best option to use while being friendly to patients (Small & Small, 2011). Small, D. C., & Small, R. M. (2011). Patients First! Engaging the Hearts and Minds of Nurses with a Patient-Centered Practice Model. Online Journal of Issues in Nursing, 16(2), 1.

Nursing Research Critique Paper Example | Topics and Well Written Essays - 1000 words

Nursing Critique - Research Paper Example Specifically, this study narrows its focus on the hospitals in Sweden. The choice of the facility is important because it contains standard features that could make findings to be generalized within a global context. Critically, it is to be expected that the results of the study would be consistent and applicable to different places and situations. The emphasis of the study was to describe the real conditions as they occur at the work place during these shifts in order to expand the understanding of the issues and challenges that relate to the matter of RNs and ENs who work during the night shift. A critical review of the association between the facts presented in the problem statement and the objective of the paper reveals a seamless continuum of logic. Critical Analysis of the Study Purpose Inferences from the abstract and the preliminary facts about the study shows clearly that this study sought to describe the night work experiences of the Registered Nurses (RNs) and the Enrolled Nurses (ENs) from perspective of the nature of the work and the kind of organization and challenges that relate to the task (Nilson, Campbell & Anderson, 2008). ... In fact the study points out some assumptions that consider night duties as continuations of the kind of work arranged by the nurses who work during the day. Ideally, the study purpose captures the need to explore deeper into the essence of night duty in terms of its uniqueness and autonomy. It might be important to consider the purpose of this study in light of the structural factors that define the roles of the nurses during night duty. Critical Analysis of the Literature Review The kind of literature explored in this study explores a comprehensive wealth of information that provides resourceful details on the various matters that touch on the night duty experience, the relationship between the RNs and the ENs, and unique challenges that relate to working during the night shift. The literature also covers matters of professionalism with specific reference to the Swedish experience. For instance, this literature provides details on the kind of working relationship that takes place b etween the enrolled nurses and the registered nurses (Nilson, Campbell & Anderson, 2008). It might be argued that literature on the matters that affect the relationship between the registered nurses and enrolled nurses is meant to highlight some of the specific factors that lead to misconceptions about the manifestation of this working relationship within the context of night duty. Some of the factors explored in the literature play the role of expanding the subject matter into other relevant discourses that engage the question of working environment during the night hours. One of the most important issues that the literature seemed to lay significant focus on is the problematic distinction between the

Business Sustainability Research Paper Example | Topics and Well Written Essays - 4000 words

Business Sustainability - Research Paper Example To determine the extent in which the SME owners in Auburn city should support the use of modern digital infrastructure, a research interview was conducted to a total of ten (10) SME business owners in Auburn city. In line with this, the research findings show that the research interviewees are not aware of how the NBN can intervene and help them improve the quality and accessibility of their corporate websites. Despite the limitation in the research interviewees’ knowledge with regards to the use of the fixed wireless network, the next-generation satellite, and the optic fiber network, most of the research interviewees show the positive sign when it comes to supporting the use of modern digital infrastructure.   The Broadband, Communication and Digital Economy (DBCDE) is one of the Federal Government departments in Australia that has been appointed to be responsible throughout the development of its digital economy (CB Online, 2013). To increase the chances wherein the gener al public will continuously have a good experience when using digital technology, DBCDE continuously develop and enhance not only the existing digital infrastructure in Australia but also promote the facilitation of its future innovation and set up necessary regulatory framework particularly with regards to the service and use of information and communication technology (Australian Government - Department of Communications, 2013; CB Online, 2013). On the other hand, the National Broadband Network (NBN) is â€Å"the next-generation broadband network designed for Australia’s future needs† (Australian Government - Department of Broadband, Communications and Digital Economy, 2013). It means that through the business intervention of the NBN, it is possible for Australia to come up with a more reliable and faster broadband access to the local residents and the businesses.As of May 2013, NBN was able to construct an optic fiber network in Armidale, Aspley, Bacchus Marsh, Brun swick, Blacktown, Coffs Harbour, Crace, Deloraine, George Town, Gosford, Hobart, Kiama, Kingston Beach, Launceston, Midway Point, Scottsdale, Smithton, Sorell, South Morang, St Helens, Toowoomba, Townsville, Triabunna, and Willunga whereas the fixed wireless network is made available in Armidale, Ballarat, Darwin, Geraldton, Tamworth, and Toowoomba (Australian Government – Department of Broadband, Communications and Digital Economy, 2013). Unfortunately, these two (2) major digital technology infrastructures are not much readily available in Auburn city.  

MGT230. Leadership and Organization Coursework Example | Topics and Well Written Essays - 750 words

MGT230. Leadership and Organization - Coursework Example Transformational leaders involve their followers with a common of achieving great returns (Bertocci, 2009). They create the realization of the importance of specific outcomes and new approaches in which they can achieve those outcomes. Transformational leaders are grounded in ethical foundations, and it converts followers into leaders while leaders transform into moral agents (Day, 2014). Leaders can be classified as either transactional or transformational depending on how they relate to their followers to achieve the organizational goals (Nongard, 2014). Whether political or business leaders their traits inherent in each leader and as such they influence the outcome of the organization and the relationship between the leaders and their followers (Daft, 2009). This document examines the outstanding leadership qualities of the former U.S. president John F. Kennedy. President John F. Kennedy had an ability to handle problems that could not be perceived by any other person. He was determined and dedicated to his work as the president of the United States (Bass & Riggio, 2006). He formed a team of followers and delegated tasks the followers that resulted in team performance instead of individual achievement. Furthermore, he created a culture of open communication by breaking the barrier of traditional bureaucracy by encouraging open communication where people would be free to share with one another irrespective of their background (Bass & Riggio, 2006). He had diverse personality and talent. He respected everyone irrespective of their positions and had acute judgment of the people who would fit in particular positions and nurtured their talents in order to make them more productive in the society. Therefore, one can argue that President John F. Kennedy was more of a transformational leader than transactional leader (Bass & Riggio, 2006).

Art appreciation Essay Example | Topics and Well Written Essays - 250 words - 3

Art appreciation - Essay Example ating the strategy, foundations, and styles of Jackson Pollock, can one start to appreciate the sheer peculiarity of Pollocks work that makes it so amazing. Pollock’s compositions reflect a profound certainty. Pollock appeared to paint for nobody but himself, a thought that he enunciated when he uttered, "Painting is self revelation. Each great artist paints what he is†. In his depictions, Pollock communicated his own feelings and painted precisely the way he wished, disregarding the impacts of popular culture, faultfinders, or negative remarks. Pollock was ready to go for risks in his specialty, ignoring the limits of specialized experimentation, as he produced his own remarkable style. Pollocks sketches are many-sided, profoundly complex, and intriguing. Huge numbers of them are excellent. The sheer size of them can be amazing. However, what makes Pollocks work so noteworthy is that he made a set of depictions that are hard to copy or imitate. They were progressive at the time Pollock made them, yet they are still generally as radical and extraordinary today. Jackson Pollock put much exertion and thought into his sketches, so every stream of paint was laid on the canvas with reason, a thinking that maybe just he caught on. This thing makes Pollocks compositions so precious today. I suppose there are some positive trends in the 21st century that were not in the 16th century art. For instance, the new advanced technology has played a bigger role in transforming art into postmodernism. The artist in the 21st century is improving art in terms of appearance due to the high technology. I am both disappointed and surprised about the 21st art. This is because the present art has been manipulated by the ever-growing use of technology hence artists are not talented nut just imposing themselves for material gain. However, there some improved features in the current art that were absent in the artistic works. The current art is not as interesting as compare to the

Image Essay Example | Topics and Well Written Essays - 1000 words

Image - Essay Example It is an effortless medium to convey a message. The picture â€Å"Migrant Mother† taken by Dorothea Lange during the Resettlement Period in Nipomo, California in 1963 is an image that carries more than a thousand words. Looking at the picture alone, many words can pop out of the mind of onlookers such as poverty, hunger, hopelessness, family, help and many more. Indeed, the single shot of the mother with her children creates a mantra of events on the minds of onlookers trying to place themselves on the shoes of the subject. The mother with her two children on her sides is posed naturally creating an atmosphere of heavy drama. It is easy to assume that they are family. It can be seen on the way the children lean on their mother as source of comfort to what they are currently going through. They rest their worries to their mother since they are in a battle where they are weaponless. The features of the mother carry the most intense drama in the picture. Her features are taken quite vividly such that, anyone can cry their hearts out upon her solemn expression. Her eyes are replica of gloom. She is looking at a far distant without really seeing anything. She seems tired and extremely exhausted with her eyes dried up from previous crying and wailing and yet nothing still happens. The way her brows crease almost meeting in the middle shows discontent reverberating with her eyes reflecting hopelessness. Wrinkles are dominant all over her face: on her forehead, on her eyes, on her cheeks as well as on the crease on her lips. She aged so much than her true age of thirty two. The woman looks utterly sullen. The way her lips carve downward signifies that she can’t afford to smile. She slightly leans her head on her hands portraying loneliness, boredom, exhaustion and total lifelessness. She might have been in this state for quite some time. She is idle because she can’t do anything but to wait. She

Respiratory Disease Paper Essay Example | Topics and Well Written Essays - 750 words

Respiratory Disease Paper - Essay Example So, when an allergy arrives in the form of asthma later in life, these cells become overreactive ending in constriction and spasm of airways. Asthma is classified on the basis of severity of symptoms. It is classified into different categories from intermittent to mild persistent to moderate persistent to severe persistent in an ascending order. The frequency of symptoms makes asthma classified as such. These symptoms include coughing, dyspnoea, wheezing of breath etc. This classification system is very important because it determines how treatment of a patient would proceed. Without classifying asthma first, treatment cannot be started because there is a different treatment plan for each category (Yawn, 2008, p. 139). Another way by which asthma is classified is related to allergens to see whether allergy is the factor responsible for precipitating symptoms or not. According to this classification, asthma can be divided into two categories, extrinsic (atopic) where allergens precipitate symptoms and intrinsic (non-atopic) where allergens are not involved. The classic disease prevention system for asthma is based on prima ry, secondary, and tertiary prevention. Primary prevention is based on risk reduction. So, it works by eliminating occupational and behavioural factors which promote development of asthmatic symptoms. Secondary prevention seeks to restrict disease progression by using screening tools. This makes it easier and more cost-effective to control asthma than when symptoms start appearing. Tertiary prevention seeks to lessen the disastrous effects produced by asthma on body. It can also include modification of behavioural and environmental factors to bring quality in life. Much research is done to scrutinize the impact of asthma on society. The cost of asthma to society is staggeringly huge. The relationship between asthma prevalence and society is well established. Research claims that one out of every 12 Americans is exposed to asthma. This means

Organ Donation Essay Example for Free

Organ Donation Essay Many citizens constantly see television shows and media that negatively portray organ donation. One prime example comes from the new hit series, Nip Tuck. Nip Tuck has a storyline built around this image of beauty through plastic surgery while working with an underground kidney market. Many patients in this show wind up being murdered in some cruel intentional way just for a single kidney. Not only does this pull negativity to organ transplants already but someone watching also has to fear the person in need of that organ. Majority of the time Nip Tuck has wealthy, well connected businessmen who need the transplants. Symbolizing any type of authority figure with the power to take a life can begin to inflict a slight amount of oppression through the viewer’s mind. With Organ donation becoming thrown into this light constantly people willing to give donated organs to citizens of need has drastically begun to decrease. More Americans are becoming obsessed with living longer and experiencing more, ignoring the basic side effects of their actions and soon needing some form of organ donated. This growth in exploration has created a large demand for many of these operations, shoes that simply cannot be filled. Organ donation serves three main positive purposes, Scientific Studies, Medical transplants, and Hope. While many might not know a multi-organ procedure is possible many of the same failures an individual could have in their heart, could be linked to the trouble in their kidneys and surprisingly the procedure is relatively common. With a single organ donation there is always the risk of the individual’s body’s rejection of this new article. Now if we introduce two different organs in one operation, the odds Allee 2  of a body rejecting at least one of the organs grow drastically. This adds multiple different stresses on the body not only because of the two separate procedures but as well as on the inside as the body tries to become familiar  with these new tools. Studies show that clinical data on all episodes of treated rejection from a multi-organ transplant out of 56 patients; â€Å"48% of these patients have had no rejection in either organ, 27% experienced heart rejection alone, 14% experienced kidney rejection alone, and 11% had both heart and kidney allograft rejection†( pg. 861-867). Of course there are other factors that play into these tests such as age or condition of other organs but the main outlier in this study was actually the severity of any surgery. Many would look at these percentages in the study as a negative outcome. What wasn’t stated earlier about this experiment was that all 48% of the successful transplants were heart and kidney transplants. The other 52% that had trouble with the new organs were simply because of the isolated heart transplant procedure. This procedure allows for scarce to no mistakes throughout the entire process because of the preciseness. The argument is then discredited because of the relationships with many other surgeries because of the high risk factors. Technological advances are constantly erupting in the medical field from surgery techniques to the basic procedures and listed instructions being taught to the successors of the current medical staffs. The process of organ donation is only increasing in effectiveness and soon will become a large industry in the economic jungle, as of now organ donation may still be a recalled toy in some cases but the kinks are all becoming smooth and positively functional. Constantly refuted is the health and disease control of most transplant procedures which can contain a plethora of viruses. Facts show that a patient receiving a solid organ transplant was 10 times more likely to become infected with cytomegalovirus (CMV) disease 15 years ago. New advancements and studies have designed an antivirus treatment that is over 95% successful at containing and illuminating CMV within six to twelve months. The patient will receive doses of antiviral prophylaxis either orally or by injection consistently for several months. As the patient shows progress and recovery the dosage is steadily decreased until the body becomes completely self-sufficient. Putting the disease concern to rest another opposition of organ transplants can come in the form of broken or fractured bones. When an individual  receives a transplant the bone structure around the area can become under pressure from the swelling organ trying to recover. A study was conducted in 1994 and scientists were shocked to find â€Å"fracture incidence was 13 times higher than expected in male heart recipients age 45–64 years; nearly 5 times higher in male kidney recipients age 25–44 and age 45–64 years; and 18 times and 34 times higher in female kidney recipients age 25–44 years and 45–64 years compared with NHIS data† (Department of Medicine, 1999). The study was taken from six hundred patients and out of those six hundred fifty six individuals had fractures during their recoveries. Another aspect in the recovery process is the fact that the patient’s body will be weak and low on nutrients due to the lack of food intake and nutrients. The longer a person’s recovery period the more likely he or she could develop weak muscle tissue, and bone structure leading to more incidents. The care programs developed in this day and age not only surpass any rehabilitation abilities from 1994. Now treatment not only includes multiple vitamin and nutritional supplements but also multiple electrostatic treatments specifically designed to work an individual’s muscle structure. This will provide motion and a large supply of blood flowing to the area or muscle needing the extra work. As the muscle structure improves a patient’s bone structure becomes stabilized and reinforced leaving the entire patients system in close to complete health. Organ donation has also been studied from multiple perspectives of the patient and donor. Scientists first wondered the thought process an individual went through to part with his or her organ. One would expect that a person about to go through this procedure would look for some knowledge or research before relinquishing their organ. A study found that not only did the majority of organ donors not have any factual information about their procedure from previous classes or events but the donors also had done absolutely no research on the topic. This showed the scientists that there was no apparent cognitive thought process for committing this act. Most of the studied donors discovered a sense of satisfaction after the procedure simply from the knowledge that they could have possibly saved a life. Another angle taken by scientists was more  direct towards the patient receiving the organ. UNOS is a private, nonprofit organization that coordinates the nation’s organ transplant system under contract with the federal government. In the year 2000, more than 5,500 Americans died awaiting transplants, and in the U.S., there are currently over 80,000 people awaiting transplants. Having abundance in patients waiting for an organ and the shortage in supply majority of the organs received are from people who have passed away and donated their bodies to science. Although a donor can survive his or her life even after giving up a Kidney, portions of the liver, skin bone marrow few individuals are willing to take this risk only increasing this shortage. Every 10 minutes, a new person is added to the organ transplant waiting list. When a patient receives an organ the family gains an immediate boost of moral and hope. The placebo affect organizes in full force when it comes to surgery. Knowledge alone can give the patient enough to fight and continue the upward rise to recovery. Ninety percent of Americans have openly stated that they are for organ donation. Life changes are difficult to make. Organ transplantation includes plenty of these changes in order for recovery and success. In the end change is for the better. Organ transplantation calls for a healthier diet and slowly working into exercise practices. Any patient will gain from this in the process and the new organ or area from the surgery will not be the only part of their body positively affected by this change. Organ donation is a necessary medical implement and there will always be a need as long as the technology keeps its firm grasp on the medical society. If the organization UNOS does not remain in supply and continue helping save lives many more lives will be lost. Not from loss in supply of the organs but more so from underground procedures. One example of this is constantly seen in Mexico. There was a woman who had needed some cash so she decided to donate a kidney. This individual was told no passport or information would be necessary and that she would simply take a bus to a small Mexican border town then be brought back. Border patrol intercepted a woman being forcibly taken across the border, found in the vehicle was a complete surgical kit, a  single shovel, and a large trash bag. Not only would this individual have never seen another day of life and laughter but this would just be the beginning if organ donation ceased to exist. Eliminating these organ transplant foundations would introduce patients to multiple diseases, possible contamination, and worst of all death from incorrect practice. All of the information only points to a positive present for organ transplants. As long as citizens see the dire need for support and donors, soon organ transplantation will have a successful future, full of keeping both hop es and dreams alive. Works Cited Abecassis M, Adams M, Adams P, et al. Consensus statement on the live organ donor. JAMA 2000;284:2919-2926 Bredehorn T. et al. (2002), â€Å"Questioning the relatives for organ and tissue donation,â€Å" Transplantation proceedings 34(6):2353-4. DiSalvo, Thomas. Clinical Transplantation: Williams Wilkins 1997, 27 March Volume 63 – Issue 6 pg. 861-867, Ed Lovern, â€Å"HHS launches bid for organ donations,† Modern Healthcare, 23 April 2001, 21. Lock M., Schmidt V.-H. (2003), â€Å"Twice dead: organ transplant and the reinvention of death,† Asian journal of social science (31)1:137-41. Organ Procurement and Transplant Network (OPTN) National Waiting List, as of 2 August 2002. Available: http://www.unos.org/frame_Default.asp?Category=Newsdata. Accessed 8 August 2002. Reprints or correspondence: Dr. Carlos V. Paya, Div. of Infectious Diseases, 200 First St. SW, Rochester, MN 55905 ([emailprotected]) U. S. Department of Health and Human Services, Organ Donation: Donate Life, â€Å"Frequently Asked Questions.† Available at http://www.organdonor.gov/faq.html. Accessed 08/08/2002.

Preparation for Nursing Mentorship

Preparation for Nursing Mentorship Name: W. Effah Domain 2 of the NMC (2008) Standards for learning and assessment in practice asks mentors to ‘Facilitate learning for a range of students, within a particular area of practice where appropriate, encouraging self-management of learning opportunities and providing support to maximise individual potential.’ Supervision and supporting the learning of student nurses in clinical placement has been the professional obligation and central constituent of Nursing and Midwifery Council (NMC) registered nurses. In this essay many issues are broached, due to the limitations of space and are treated comprehensively. It is anticipated that the reader will appreciate the magnitude of the effort of NMC registered nurses to facilitate the learning of a range of students in clinical practice. The brief of the essay will use the critical and systematic approach to consider how mentors facilitate the learning of a range of students in clinical practice in selecting appropriate learning opportunities to meet individual needs. In addition, it will consider how students can be supported to critically reflect upon their learning experiences in order to enhance future learning. With the relevant literature, it will appraise the learning needs of students and the provision of a wide range of support to maximize the individual potential. The challenges of mentoring students in clinical environment will be also analysed. Finally, all the relevant evidences will be compared and contrasted and own suggestions made with examples in practice where appropriate. The NMC (2008) describes a mentor as a facilitator, an assessor and a supervisor of students in clinical practice. To Stenfors-Hayes T. et al(2011), a mentor is anyone who shares what it means to be a nurse, who can answer questions and give advice and finally one who listens and stimulates reflection. However, from a review of Chandan and Watts(2012) a mentor goes far beyond the description above and not only advises and assesses, but in addition guides and ultimately acts as role model. Due to the wide range of students and the level of knowledge, mentors play an important role in supporting students to learn from the experiences they meet during their clinical placement. Consequently, it is for mentors to select the appropriate learning opportunities that are available and can be utilised by a range of students.(NMC2008) According to Levett-Jones and Bourgeois(2012) it is significant for mentors to know what level the student is early on in the placement to enable them know their level of competence. Hence, Clarke at al( 2002) suggested that, students should be allowed and encouraged to self-evaluate their competence prior to placement. Walsh(2010) added that regardless of the stage or year a student is, they may vary extremely in their levels of competence. In practice there were two students, one straight out of school and another student with care work experience. It is noted that the level of understanding in clinical practice was different. In order to enhance their knowledge two different approaches are needed to mentor them. This was stressed by Walsh(2010)that, the understanding of the students’ level of competence is more vital as they advance in the course of their training as mentors can allocate them to perform more tasks. An important skill for students is self-confidence and students who lack self-confidences as learners hardly discover success. The lack of self-confidence may be due to the lack the opportunities to develop self-direction. (Myers and Anderson,2012). Cash(2011) added that some students are over confident and have flight idea regarding their own levels of competence and a mentor should be wary of that. The role of the mentor is to Garvey et al(2009), the facilitating learners to develop their self confidence, independence and maturity. This is supported by Rogers’ 10 principles of adult learning (1983) cited in Jaques and Salmon(2007), that mentors can facilitate in the learning when they let students participate responsibly in the learning process actively thereby enabling them to build self-confidence. In addition self-initiated learning, independence, creativity, self-reliance, self-criticism and self-evaluation are very important in facilitating the learning of the students. NMC(2008) stated that a conducive learning environment with the appropriate professional and inter professionals, can be valued in a practical way to enhance and support the learning outcomes for students. From the classic surveys in the 1980’s, a dominant factor of the learning environment is the qualified staff as well as the role of a ward manager. Not only do they provide a good learning structure and have an important effect on learning environment but can serve as role-models for clinical practice.(Quinn, 2007) However, Stuart(2007) stated that due to the frequent interactions and activities, the clinical environment is regularly noisy which makes the clinical environment unpredictable and unstable. Stuart(2013) added that most learners will perceive the clinical area as a fear-provoking area which may limit their learning. A study by Phillips(2007) stated that the term â€Å"scary†, â€Å"frightening†, â€Å"terrified† and â€Å"anxious† were used to describe their early days in practice placement. Wilkes (2006) argued that, the abilities, qualities and attitudes of individual mentors are more essential than the learning environment whilst, Quinn (2007) emphasised that students are responsible for their own learning outcomes from an environment and they are not there just to observe. Finally, learners learn in different ways. Individuals will have a dominant learning style, either visual, auditory or kinesthetic. In addition to the dominant learning style, there is often a preferred mix of different learning styles. Research shows that an average of 60-72% of adults are visual learners, 12-18% are auditory learners 18-30% kinaesthetic. It is therefore the role of the mentors to identify the dominant learning style of the students. (Britton , 2010). As 60% of adult learners have preference for visual learning, it means that mentors can support them with flip charts and things they can see. In order to enhance future learning of students in clinical practice, the NMC (2008) standards for learning and assessment require mentors to support students to reflect upon their learning experiences. Howatson-Jones(2013), stressed that it is important for the novice practitioner to develop an understanding of their role and support the learning of new skills by reflection. To do so reflection can occur within the experience or by looking back at the experience. In addition OCarrol and Park(2007), mentioned that, nurses as well students can reflect in different ways at different times. When working with a service user, students can reflect to their mentors on what is happening between them (reflection-in-action). It is also possible to reflect on the same interaction after what has happened (reflection-on-action). For the Gibbs(1988) reflective cycle is to describe what happened, feelings, evaluation, description and action plan. On 5 cue questions, John (1995) cycle enables students to break down their practice and critically reflect on the process and outcomes.(Driscoll,2007) Driscoll’s â€Å"What? model (2000) structured reflection describes the event, an analysis of the event, proposed actions following the event, actioning the new learning from that experience in clinical practice and experience practice environment.(Driscoll,2007) For Walsh(2010), it is important for nurses to adopt the â€Å"action research model† that was originally developed by Kurst Lewin(1946). It is cycle of activities with ongoing evaluation and improvement. The key stages are for nurses to reflect upon what is happening, explain what is happening, carry out a literature research, plan a change, implement it, observe, evaluate its results, amend the plan and repeat the cycle. Hinchliff et al(2008) emphasised that, the core of professional nursing practice is reflection and is a skill that may develop with experience like clinical skills, which needs to be practised and learned. To them critical reflection is looking at the individual clinical practice. It considers how the individual will act in an event and evaluate his performance against what the real situation would have been. Johns(2000) added that the practitioner can see critical reflection as a window where he can focus on his lived experience which can help him to deal with, identify and work to resolve the contradictions in his practice involving what is desirable and actual clinical practice. White et al(2006) is of the view that critical reflection is a process by which practitioners identify the assumptions central to their practice, locate the historical and cultural source of these assumptions, question the meaning of the assumptions and develop alternative ways of acting. On the other hand Hinchliff et al(2008), is of the view that, critical reflection is cognitive, emotional and experiential of assumptions embedded in actions or experience. It is a review and re-evaluation of events and reworking of concepts and practice, based on this evaluation. Subsequently, Driscoll(2007) reinforces this, by emphasising that, critical reflection provides a mechanism for mentors to support and guide students and gives the opportunity to stimulate new ideas and thinking. Therefore the role of the mentor is to provide support for the students to reflect on their practice and to give constructive feed back.(Howatson-Jones, 2013). As advocated by Levett–Jones et al(2009) students on clinical placement are encouraged by the writer and other professionals to critically reflect on their experiences. Students are supported to critically reflect on their practice using any of the reflective models that best suits them and provided with a constructive feedback on their performance. This enhances their personal and clinical development in the delivery of high quality care. According to Walsh(2010), mentors that implement reflection in their practice will be a source of inspiration for student nurses. Furthermore, feedback is part of a valuable learning and is so essential not only for students in practice but also other professionals. It helps the students by offering them a comprehensible direction on how to improve their practice.(Howatson-Jones, 2013) Hinchliff et al(2008) argued that a challenge to critical reflection is that, it is always difficult to analyse ones own event and would benefit from another’s expertise or viewpoint. So it is important for nurses to support students on placement and to critically reflect. OCarrol and Park(2007), is of the view that listening, empathy, assertiveness and managing change are additional skills that are essential for reflection. One of the disadvantages of reflection according to Walsh(2010) is the doubling of staff time and that mentors and students may reflect differently since they are not one and the same person. Furthermore, as mentors assume the role of the expert in demonstrating skills, there is a risk of feeling uncomfortable, thinking their weaknesses may be exposed. However, Howatson-Jones(2013 ), without critical reflection, nurses cannot not deliver high quality care and is a source of inspiration for students in their future clinical practice. Furthermore, when reflection takes place it enables not only the development of knowledge by the student nurses beginning clinical practice but also its articulation by qualified nurses.(Elder et al, 2011) As set by the NMC(2008) code of conduct nurses have a professional duty to facilitate students and others to develop their competence. However, Stuart(2013) stressed that clinical practice assessment is challenging and time consuming and carries with and the burden of responsibility and answerable. In addition, they face the demand of the day-to-day clinical workload with the additional role and obligation as a mentor. Furthermore, some mentors feel not recognised and rewarded for taking additional roles. (Bray and Nettleton, 2007). In Walsh(2010) opinion, mentoring is by no means a one-way-traffic. It brings with it increased professional role, being updated by and learning from the student, developing teaching skills, adding to personal profile and increased self-esteem. Mentors are hesitant to fail students due to the fear of more documentation, the university overturning the fail and dealing with disputes.(Stuart, 2013). Abbot(2009) emphasised that the relationship formed between the mentor and the student may affect the ability to conduct an objective assessment and fail a student. Kinnell and Hughes(2010) added that, the relationship between the student and the mentor to be successful depends on each respecting and understanding the other. For Casey and Clark(2011) the relationship should be a professional one and that there should be clear boundaries from the start of the placement. Mentors, for this purpose, should distinguish their association from that of a friend. By doing this, there would be balance which would give the mentor the opportunity to carry out appropriate evaluation and feedback. Furthermore, mentors should be given support by ward managers and other professionals in mentoring students.(O’Driscoll et al, 2010). This essay has attempted to explore how mentors can facilitate the learning for a range of students, within the writers practice area. In doing so, it is realised that the benefits of mentoring for the mentor, the mentee and the NHS organisation in offering an exceptional opportunities for nurses to influence and build up the practitioners of the future cannot be overemphasized. It is also established that the learning environment is crucial in maximizing the learning of students. Additionally, it is important that students reflect upon their learning experiences in other to recognise their strengths and any areas that need further development. The writer is of the view that the relationship that develops between the mentor in facilitating the learning of a range of students can sometimes become complex. From the writers own experience, it is therefore necessary that the mentor by offering support should set out the ground rules initially and should be objective and disciplined. Ultimately, mentors should exercise caution when establishing relationship with students otherwise the final assessment can be subjective. Word count 2167 Reference: Abbott H. (2009) The experiences and challenges of mentorship in clinical practice in pre-registration education, Technic: The Journal of Operating Department Practice, 5 pp.9-13. Bray, L. and Nettleton, P. (2007) ‘Assessor or mentor? Role confusion in professional education’. Nurse Education Today 27(8), pp. 848–855. Britton, J. J. (2010) Effective group coaching: Tried and tested tools and resources for optimum couching results. Ontario: John Wily Sons. 4. Burton, R., Ormrod, G. and Holland, K. (2011) Nursing: transition to professional practice. Oxford: Oxford University Press. Casey, D. C. and Clark, L. (2011) ‘Roles and responsibilities of the student nurse mentor: an update’ British Journal of Nursing 20 (15) pp.933-937 6. Cash, R. M. (2011) Advancing differentiation: Thinking and learning for the 21st Century. Minneapolis: Free Spirit Publishing Chandan, M. and Watts, C. (2012). Mentoring and pre-registration nurse education. The Willis Commission, Technical Paper 4. London. RCN. [Online]. Available at: http://www.williscommission.org.uk/_data/assets/pdf_file/0009/479934/Mentoring_and_pre-registration_nurse_education.pdf (Accessed 17 March 2014). Clarke, D., Davies, J., and McNee. P.(2002). The case for a children’s nursing skills laboratory. Padiatric Nursing, 14(7), pp.36-39. Cook, M. and Hyrkà ¤s, K. (2010) â€Å"Interprofessional and team working Issue†. Journal of Nursing Management Volume 18, Issue 3 April 2010. Oxford: John Wiley Sons Ltd Creed F. and Spiers C. (2010) Care of the acutely Ill adult: an essential guide for nurses. Oxford : Oxford University Press. 11. Driscoll, J.(2007) Practising clinical supervision: A reflective approach for healthcare professionals. 2nd edn. Oxford: Balliere Tindal Publishers. Garvey, R., Stokes, P. and Megginson, D.(2009) Coaching and mentoring: theory and practice. London: Sage Publications. Jaques, D. and Salmon, G.(2007). Learning in groups: A handbook for face-to-face and online environments. 4th edn. Oxon: Routledge Kinnell, D. and Hughes, P.( 2010) Mentoring nursing and healthcare students. London: Sage Publications. Levett-Jones, T. and Lathlean, J.(2009)†The Ascent to Competence Conceptual Framework: an outcome of a study of belongingness†. Journal of Clinical Nursing 18. pp. 2870–2879. Levett-Jones, T., and Bourgeois, S.(2009) The clinical placement: A nursing survival guide. 2nd edn. Oxford: Balliere Tindal Publishers. McKenzie, K. (2004) Mentoring: it’s a two-way street. RCM-Midwives Journal. 7 (12), 526-528. Midgley, K. (2006) Pre-registration student nurses’ perception of the hospital learning environment during clinical placements. Nurse Education Today, 26 (4), 338-345. Moscaritolo, L.M. (2009) Interventional strategies to decrease nursing student anxiety in the clinical learning environment. The Journal of Nursing Education. 48 (1). pp.17-23. Myers, S. and Anderson, C.(2012) Dimensions in mentoring: A continuum of practice from beginning teachers to teacher leaders. Rotterdam: Sense Publishers Nursing and Midwifery Council (2008) Standards to support learning and assessment in practice: NMC Standards for mentors, practice teachers and teachers. 2nd edn. London: Nursing and Midwifery Council. O’Driscoll, M.F., Allan, H.T. and Smith, P.A. (2010) ‘Still looking for leadership – Who is responsible for student nurses’ learning in practice?’ Nurse Education Today 30 pp. 212–217. Ousey, K. (2009) ‘Socialization of student nurses: the role of the mentor’, Learning in Health and Social Care, 8, pp.175-184. Phillips, B. (2007) Nursing care and understanding the experiences of others: a Gadamerian perspective. Nursing Inquiry 2007 14(1), 89–94 Price, B. (2007) Developing skills for practice. (Course study guide). Milton Keynes :The Open University Quinn F. M., and Hughes, S. J. (2007) Quinns principles and practice of nurse education: 5th edn. Andover: Nelson Thornes Limited. Rogers, C.(1983), (cited in Jaques, D. and Salmon, G., 2007) Freedom to learn for the 80. New York: Merrill Wright Stenfors-Hayes, T., Hult, H., and Dahlgren, L. O.(2011) â€Å"What does it mean to be a mentor in medical education?† Medical Teacher 2011, Vol. 33, No. 8 , pp. e423-e428 Stuart, C. C.(2013) Mentoring, learning and assessment in clinical Practice. 3rd edn. London: Churchill Livingstone Stuart, C.C. (2007) Assessment, supervision and support in clinical practice: A guide for nurses, midwives and other health professionals. 2nd edn. London: Churchill Livingstone. 31. Walsh, D. (2010) The nurse mentors handbook: supporting students in clinical practice. Maidenhead: Open University Press Wilkes, Z. (2006)The student-mentor relationship: a review of the literature. Nursing Stand 20 (37): 42–7

Selected consumer rights

Selected consumer rights Introduction The law is complex in any situation whether it is a road traffic offence under the strict liability rules or a serious manslaughter charge under the criminal law. The area of consumer protection law is no different and is complex with legislation coming from many different sources, statute, common law and EU Directives to name just three sources. For example, Silberstein, 2007, argues that every consumer transaction is based on law of contract, therefore technically every consumer should understand the basics of contract law before moving on to understand the special rules and statutes regarding consumer law. This is a complex area for any undergraduate to understand and therefore an area that some consumers, e.g. the elderly, would find extremely difficult to understand. A consequence of complex consumer protection legislation is commented on by Marsh in his 2008 book Consumer Law. Many people do not know their rights when encountering problems at the point of sale or after (p.7) Hypothesis Initial research has led to the conclusion that consumer law is complex and because of this few consumers and businesses actually understand it fully and therefore sometimes customers and indeed businesses are applying the law wrongly. This project aims to look at this in detail and to prove if the hypothesis is founded or not. The main purpose of this report is to first identify the main consumer legislation and then to investigate if Silberstein is correct in her view that consumer law is complex and through primary research if Marsh is correct when he says that many people do not know there consumer rights. Rationale This project forms part of the third and final year BA (Hons) Business Management (Legal Studies) degree at MMU Cheshire and is therefore a substantial reason for completion of this project. However over the course of the legal studies program many topics have been studied and through this project the opportunity has arisen to explore and research a particular area of interest. Having studied this topic in Advanced Managerial Law and having experenice of retail and selling consumer law was a topic that captured my imagination, it is unlikely that anybody will have not come into contact with it, knowingly or unknowingly, for example a contract is made for the simple purchase of a loaf of bread and is therefore has an impact on every bodies life. Research Methodology Having laid down some aims and objectives, a number of secondary sources i.e. statutes, textbooks and journals will be looked at to try and establish what are regarded as the main consumer laws in the UK. Having done this and using the same research a more in depth explanation of these laws will be written, providing practical examples, possibly through primary research to aid their understanding. Primary research will be used in the form of a questionnaire to attempt to ascertain what knowledge general consumers and businesses have of the law using case studies and a Likert Scale answering system. The data will be collected from 20 consumers and 10 businesses. Primary data will be exclusive and original for this task because the questions can be tailored to my specific needs and will also ensure direction over the integrity of the data ensuring a fair cross section and sample of society is used. Secondary data would be unsuitable as it is unlikely someone has already conducted the exact research that is needed and as already mentioned no control or reassurance over the integrity of the data sourced would be available. The primary data will be analysed to draw conclusions and any applicable secondary research will be used to back up the findings. Finally using all the primary and secondary data gathered to date an evaluation of the findings will take place to draw a conclusion on if consumers and business are aware of the main consumer laws drawn from earlier research. Aims and Objectives To research which laws are the main laws regarding consumer purchasing and protection. Research to explain and give examples of these laws in action and there effects on both consumers and businesses. To devise a series of questions/situations regarding the main laws identified to test the knowledge of consumers and businesses. To report and critique on the findings. To evaluate the report and findings from previous sections to draw a conclusion and make any recommendations/suggestions to the current main consumer laws. What are the main consumer protection laws in the UK? As mentioned previously the law is complex and there could be many statutes and regulations that could be regarded as main consumer protection laws just a quick search on the internet produces a long list that includes; Sale of Goods Act 1979 Unfair Contract Terms Act 1977 Consumer Protection Act 1987 Consumer Protection (Distance Selling) Regulations 1999 Electronic Commerce Regulations 2002 General Product Safety Regulations 2005 Consumer Credit Act 1974 Package Travel, Package Holidays and Package Tour Regulations 1992 Food Safety Act 1990 Consumer Protection (Unfair Trading) Regulations 2008 As has been established the general law of contract gives some protection. Silberstein states that it is the basis of every consumer transaction. Marsh, 2007 says that the tort of negligence also gives limited protection in circumstances where a consumer has no contractual rights. It had to be decided which Statutes and Regulations were to be investigated in this research project and which gave consumers most protection. The first obvious Statute to use was the Sale of Goods Act 1979 (SGA) as this covers almost every consumer transaction that takes place. Marsh, 2008:9, says, The major area of law which supports and assists consumers is the Sale of Goods Act 1979. This Act governs all transactions where goods are transferred for a price. By way of further note if goods are swopped or exchanged then the goods are covered by the Supply of Goods and Services Act 1982, however if any amount of cash is involved no matter how small then the Sale of Goods Act 1979 will apply. The SGA covers any transaction where goods are transferred for a price but what statutes and regulations protect consumers in relation to how you pay for those goods? Transactions that are becoming increasingly popular such as purchase by credit card or hire purchase agreement? The answer is the Consumer Credit Act 1974. Indeed, Broomfield, 2007:53, states The most important Act dealing with consumers and credit is the Consumer Credit Act 1974. The main aim of the Act was to regulate the formation, terms and enforcement of credit and hire purchase agreements. It was then felt that with Acts from 1974 and 1979 respectively that the next choice should be relevant to todays society. This is not to say that the Acts already mentioned are not relevant but back in the 1970s telephone and TV selling was very uncommon, and the increase in this type of selling is why the Consumer Protection (Distance Selling) Regulations 1999 were introduced. These have been kept up to date and relevant by the separate but intertwining Electronic Commerce Regulations 2002 which specifically apply to internet transactions or contracts concluded by electronic means over distance. These rules regulate regarding orders, cooling off periods, fraud and unsolicited goods. One Act to mention would be the Consumer Protection Act 1987 as this would be an obvious choice for inclusion, however, the Consumer Protection Act deals largely with after the event occurrences; for example it deals with liability for defective products, government powers to regulate consumer safety through delegated legislation and statutory instruments and finally a section on price misleading which is discussed briefly later. It was therefore decided as the first two sections regarded largely situations where it would be difficult or unlikely to propose scenarios that were easily identifiable and answerable by people to answer the question Do consumers and businesses understand and know their rights under selected consumer law? that it would be omitted after the section of this report that looks at the legislation in more detail. Consumer law is ever changing and developing to opinion and the needs of consumers. Take for example the internet, Nowak and Phelps (1992) found that 91 percent of individuals surveyed felt that businesses and governments were not doing enough to protect their privacy online. Bennett (1992) and Smith (1994) commented that regulatory responses were usually triggered in reaction to an increasing level of discontent within the populace, which is transmitted to legislators in some manner. Wirtz et al (2007) found that that robust perceived business policies and governmental regulation had now reduced consumer privacy concern. Consumer Protection Laws in theory and practice The Acts and Regulations that we have identified as the main consumer protection laws in the UK that will be discussed in detail are; Sale of Goods Act 1979 Consumer Protection Act 1987 Consumer Credit Act 1974 Consumer Protection (Distance Selling) Regulations 1999 Electronic Commerce Regulations 2002 Sale of Goods Act 1979 There is a common law Latin maxim of Caveat Emptor or buyer beware, this was meant to warn all buyers about the potential problem of buying products. Before the SGA 1979 a purchaser could not claim goods were defective unless he had obtained express guarantees from the vendor (seller) on the quality, usage and condition of the product. (Law, 2008 Richards, 2009) By way of consumer law with regard to contract most purchases made by consumers or made on the basis of invitation to treat this comes from the Latin phrase invitatio ad offerendum and means an inviting an offer. For example, if you go to a supermarket the items on display are being offered to you as an invitation to treat, the offer and acceptance of the contract does not occur until you have paid for the items. A supermarket is well within its rights to withdraw from sale any item or change the price, and refuse to sell it to you unless you have completed the purchase and therefore the contact of sale and purchase, this if course works vice versa in that you can take items in and out of your trolley before purchase. Advertisements are also regarded as an invitation to treat and not an offer, the person placing the advert is not obliged to sell to every customer. This was decided in the case of Partridge v Crittenden [1968], it was held that where the appellant advertised to sell wi ld birds, he was not offering to sell them. Lord Parker ruled that it did not make sense for all advertisements to be offers, as the person making the advertisement could be obliged by contract to sell more goods than he actually owned. (Westlaw Database, 2010) In the Sale of Goods Act 1979 a seller is required via statute to compile with certain obligations; there are certain times when terms maybe implied into the contract. I.e. it is not directly written into the contract but is made part of the contract due to statute. These are implied terms and impose an offence of strict liability on the seller if breached. Implied terms were added to protect the consumer giving them certain rights and guarantees in every sale, we will now look in detail at the implied terms. Implied Terms under the Sale of Goods Act 1979 This implied term states that a seller must have the right to sell the goods and to transfer the title of them to the buyer. Under the Act a seller can only compile with this in two ways by either having ownership of the title themselves or if they are acting with the real title holders permission, such as in business transactions at the time of sale. A case involving and demonstrating Section 12 is that of; Rowland v Divall [1923] Description (Section 13) There is an implied term that all goods must match and correspond with any description used. Most goods are sold with some type of description whether it be given by word of mouth, for example the shopkeeper saying these boots are waterproof or by written notice, for example a notice saying pure lamb wool jumpers. In the case of some transactions it is necessary to note that the seller is also responsible for labels attached by the manufacturer and notices on boxes even though he did not apply them. Description is important as some goods are sold entirely on description, for example, mail order. Almost all goods are sold on description and the seller is in breach of contract if this is inaccurate (Adams, 2008) Again a case involving and demonstrating Section 13 is Beale v Taylor [1967] Quality (Section 14(2)) Where a seller sells goods in the course of a business there is an implied term that the goods are of satisfactory quality. Satisfactory quality means the standard to which the reasonable man, sometimes referred to as the man on the Clapham omnibus would expect taking into account all relevant circumstances such as price paid, for example the interior of a  £50,000 car would be of substantially better quality than that of a  £5,000 car. An example of a case involving quality is that of Godley v Perry [1960]. In this case there was a breach of Section 14(2) as the item was not of satisfactory quality and Wilson v Rickett Cockerell LTD [1954] where a delivery of coal contained fragments of detonators and caused an explosion and damage to property. The coal was not of satisfactory quality. There are however limits to liability under S14(2) this section only applies where a sale arises in course of business. The seller cannot be held liable of the buyer knows about the defects and this can be achieved in two ways either by notice of the defect being given by the seller for example a tear on sleeve or spare tyre missing. The other way is by inspection by the buyer; buyers are not under any obligation to inspect items but if they do sellers can then not be held accountable for defects that should have been reasonably evident. A seller however is not liable for misuse or damage caused by the ultimate consumer. Two cases that show this point are; Aswan Engineering Establishment Co. LTD v Lupadine LTD [1987] and Heil v Hughes [1951]. Fitness for Purpose (Section 14(3)) Where goods are sold in the course of business they must be reasonably suitable for any purpose in which the goods are normally sold. (Adams, 2008:231) Goods must also comply with any special purpose that the seller claims, also if the buyer makes known to the seller the purpose for which the product is being bought and to be used any recommendation must also comply with this and be reasonably fit for purpose. Fitness for purpose claims rely on the buyer being able to show that he placed reliance on the seller when purchasing the goods; such reliance may be either implicit or explicit. Implicit reliance is when a buyer does not rigorously inspect the goods or ask questions about then but they turn out to be not fit for the usual purpose of those goods. If a buyer does not ask then a seller is not liable if the goods turn out to be required by the buyer to perform above what is normally required. (Adams, 2008) A case to illustrate this point is Griffiths v Peter Conway [1939] Explicit reliance is where the buyer asks questions and the seller recommends a product for that purpose for example, if you visit a boat shop and ask which motor is suitable for your type of boat, take the motor and it is not powerful enough then the motor is clearly not fit for purpose. (Adams, 2008) Sample (Section 15) When a sale takes place by sample there is an implied term that the bulk order will be the same as the sample in quality, for example, same materials, same resilience to damage etc. There is also an implied term that the goods will be free from any defects not noticeable on reasonable examination of the sample. Looking back at Godley v Perry [1960] the catapults had been sold to the shop keeper by a supplier after a sample has been viewed. Godley had tested for quality by pulling back the elastic, when damages were later awarded to Perry for his eye injury the catapult was tested and found to have a manufacturing fault that Godley could not have noted on reasonable inspection and therefore Perry could be repaid the compensation he had to pay Godley by the supplier, as the supplier was in breach of Section 15. Likewise the supplier could claim the compensation from the manufacturer as the manufacturer has a duty under tort and negligence for duty to their neighbours, in this case the ultimate consumer Godley. It is clear that the implied terms in the SGA 1979 are of paramount importance and these are implied which means they are drawn into every contract and can be expected by the consumer and must be obeyed by the seller/manufacturer of such consumer products. Other rights given under the SGA 1979 include S6 and S7 regarding perishable goods, S29 and S30 regarding delivery of goods and Part V of the Act, grants additional rights in consumer cases such as those in S48(b) Repair or Replacement of Goods. Consumer Protection Act 1987 This Act has three main parts as discussed regarding liability for product defects, health and safety delegation and price misleading. Part III of the Act regarding price misleading is the part on which this project will focus as this is the main part concerning all consumers. Law of contract means a shop can withdraw an item for sale or change its price before purchase because of the rules regarding invitation to treat. The shop however cannot mislead as to the price of an item; the Act states in S20(1) a person shall be guilty of an offence if, in the course of any business of his, he gives (by any means whatever) to any consumers an indication which is misleading as to the price at which any goods, services, accommodation or facilities are available (whether generally or from particular persons). So if a shop deliberately prices to mislead, for example giving prices exempt of VAT but not stating this they will have committed the criminal offence of misleading according to price, likewise if a shop was found to have deliberately mispriced an item in a sale saying it was more expensive then it has ever been offered for sale would also be guilty of the offence. This is one reason you will see disclaimers on sale boards such as this product has been offered at the higher price in at least 20 of our stores for the last 28 days. Cases considering incorrect and misleading pricing were Toys R Us v Gloucestershire CC [1994] and MFI Furniture Centres Ltd v Hibbert [1996] A shop would not be guilty if the item pricing was an honest mistake and any further mispriced items were removed immediately from sale. Consumer Credit Act 1974 The Consumer Credit Act 1974 was introduced because according to MacLeod, 2007, In twentieth century, there was explosive growth in the use made of instalment credit by both business and private consumption by 1980 80% of the market was lender credit largely due to the expansion of store cards. Unfortunately whereas the well-off were able to take part in exclusive offers, the less well off were found to be running up debt from pawnbrokers and loan-sharks, some lending modest amounts but using an unregulated industry to make large amounts in return. The CCA 1974 addressed this issue amongst others. Credit for consumers comes largely in two forms, either the borrowing of money and paying it back over a period of time for a specific item, commonly known as a hire-purchase (HP) agreement and borrowing by credit card. These are two main areas regulated by the Consumer Credit Act 1974 and the two areas to be discussed further as they affect shopping consumers the most. Sections 87-93 are some of the sections of the Consumer Credit Act 1974 that deals with HP agreements. Sections 87-89 deal with default (usually non-payment) and state that if there is a breach of the agreement the creditor must serve the debtor with a default notice before taking any action. This notice must explain the nature of the breach, what must be done to remedy it and if it is not what will happen. The debtor must be allowed at least 14 days in order to remedy the breach from the time of issue. If it is remedied then the breach is treated as if it never happened, if it is not then the creditor can take action to recover monies owed. Sections 90-92 deals with the repossession of goods and states that a creditor must obtain a court order before he can enter a premise to repossess goods and that if a third of the amount in the agreement has been paid (not including interest) then the goods are protected and a court order is also needed to repossess the goods without the debtors permission. In Common Law, this has been seen in the case of Capital Finance Co LTD v Bray [1964] The main outcome of this case was failure to obtain a court order for protected goods which are repossessed has the effect of terminating the agreement, releasing the debtor from further liability and allowing recovery of all sums paid by the debtor. Also in regard to HP agreements the SGA 1979 states that a seller must have title of goods before they can sell items, however, in the case of hire purchase, who owns the product whilst it is still under an HP agreement? This was decided by the case of Helby v Matthews [1895]. It was decided that until the last instalment had been paid that the ownership stays with the supplier of the finance and title passes on payment of the final instalment. Helby v Matthews also deals with an issue over selling of goods under a HP agreement, it was again decided that ownership is with the original supplier of finance until the last payment has been made so goods can be recovered. With regard to payments made by credit card, Section 56 of the Consumer Credit Act 1974 states that the supplier, from whom you buy the goods is the creditors agent. (For example, VISA or Mastercard) The creditor is responsible therefore for misrepresentations of supplier. Section 75(1) of the Consumer Credit Act 1974 states; If the debtor under a debtor-creditor-supplier agreement falling within section 12(b) or (c)* has, in relation to a transaction financed by the agreement, any claim against the supplier in respect of a misrepresentation or breach of contract, he shall have a like claim against the creditor, who, with the supplier, shall accordingly be jointly and severally liable to the debtor. On condition the cash price of the item being supplied is over  £100 but not more than  £30,000 (including any VAT). (www.oft.gov.uk) *Section 12(b) and (c) refer to the type of transaction that must be involved for it to be applicable (and explain in explicit terms what each means) under Section 75(1) debtor -creditor-supplier agreements. Debtor-Creditor-Supplier Agreements occur when there is a link between the creditor and the supplier. For example a credit card transaction. Debtor-Creditor Agreements are not covered by Section 75(1) and this would be things such as a bank overdraft. An example of a situation on which this Act can be valuable is used later in the scenarios for the questionnaire and means in practice that if a valid purchase was made from a shop and that product broke through not being of sufficient quality, if that shop has ceased trading you would be able to claim through your credit card company as they are both equally responsible under the law and there has been a breach of the SGA 14(2). Consumer Protection (Distance Selling) Regulations 2000 ((2005) as amended) The Distance Selling Regulations 2000 replaced large sections of the Unsolicited Goods and Services Act 1971 in response to the growing number of other ways to conclude contracts when buying items, e.g. telephone, mail order etc. The Distance Selling Regulations are a Statutory Instrument (SI2000/2334) that makes EU Directive 97/7/EC law in the United Kingdom. The Distance Selling Regulations specifically cover the practices set out in Schedule 1 of the Regulations these are; unaddressed and addressed printed matter, letter, press advertising with order forms, catalogues, telephone calls with or without human intervention, radio, videophone or videotext, e-mail, fax and teleshopping. There was a now uncommon practice called inertia selling in which a salesman would send to households goods they had not ordered later followed by an invoice hoping that fear of reprisal for non-payment would see them pay the invoice. In fact, broadly speaking it is now that the goods can be treated, in certain circumstances, as an unconditional gift and kept without paying a penny. Although the recipient will have to be careful a court would not rule that he had accepted the goods by conduct as seen in Weatherby v Banham [1832] or with regard to services in Trinder Partners v Haggis [1951]. (Brownsword, 2009) This issue is specifically dealt with in Reg. 24. Another major regulation is regulation 7 this protects consumers giving specific details on what information must be transferred to the buyer by the seller for the contract of sale to be legal, these is to ensure the consumer knows exactly what is happening in a distance selling situation. Regulation 7 states; 7. (1) Subject to paragraph (4), in good time prior to the conclusion of the contract the supplier shall- (a) provide to the consumer the following information- the identity of the supplier and, where the contract requires payment in advance, the suppliers address; a description of the main characteristics of the goods or services; the price of the goods or services including all taxes; delivery costs where appropriate; the arrangements for payment, delivery or performance; the existence of a right of cancellation except in the cases referred to in regulation 13; the cost of using the means of distance communication where it is calculated other than at the basic rate; the period for which the offer or the price remains valid; and where appropriate, the minimum duration of the contract, in the case of contracts for the supply of goods or services to be performed permanently or recurrently; inform the consumer if he proposes, in the event of the goods or services ordered by the consumer being unavailable, to provide substitute goods or services (as the case may be) of equivalent quality and price; and inform the consumer that the cost of returning any such substitute goods to the supplier in the event of cancellation by the consumer would be met by the supplier. Regulation 10 sets out a customers and suppliers rights to cancel an agreement and gives specific examples of how this can be communicated and the timeframe that it needs to be issued within; these methods are; mail, fax and e-mail. Electronic Commerce Regulations 2002 The Electronic Commerce Regulations are a Statutory Instrument (SI2002/2013) that makes EU Directive 2000/31/EC law in the United Kingdom. Electronic commerce was specifically unregulated until the introduction of these Regulations in 2002. The European Union was acting to protect consumers in the still increasing area of internet shopping. There are four main regulations that give powers to and protect consumers. Reg. 6 like Reg. 7 of the Distance Selling Regulations gives specifics to what details must be communicated to the buyer to make a legal contract for sale. Reg. 9(1)(a) provides details of what must be provided specifically when communication and buying is by electronic means it states that; 9. (1) Unless parties who are not consumers have agreed otherwise, where a contract is to be concluded by electronic means a service provider shall, prior to an order being placed by the recipient of a service, provide to that recipient in a clear, comprehensible and unambiguous manner the information set out in (a) to (d) below- the different technical steps to follow to conclude the contract; whether or not the concluded contract will be filed by the service provider and whether it will be accessible; the technical means for identifying and correcting input errors prior to the placing of the order; and the languages offered for the conclusion of the contract. 9(3) states that terms and conditions must be made available to the consumer in a means of easy storage and reproduction. Regulations are different for when the seller and buyer are deemed to have entered into the contract of sale, somewhat surprisingly these do not occur at the same time. Reg. 11(2) states that a buyer is deemed to have entered into the contract of sale when they agree to or arrive at an acknowledgement of order screen Reg. 12 states that the seller has not entered into the contract until they dispatch the item that has been ordered and can cancel the item up until this point or offer to dispatch an alternative as per the Distance Selling Regulations Reg. 7(b) and (c) as previously seen. Items in a shop are an invitation to treat and therefore as long as the price is not deliberately priced wrongly a shop can change the price and refuse to sell it to you for the lower price. 70% of people thought they definitely could insist on buying at the lower price or would certainly argue their case claiming the law was on their side. The most common mistake was people misinterpreting store policy and goodwill as the law, therefore most consumers did not know the law in this area. When posed this question most people were aware that there was some sort of credit card protection in this area so they would not lose their money but nobody actually knew there was legislation regarding this and in a reverse of the first question, people mistook the law thinking it was just a marketing gimmick on behalf of the credit card companies. Nobody was certain they would lose their money with most either positive or mostly positive that the money could be recovered. People knew the law in this area but rather by default. Again a large proportion of people (70%) were insistent that as long as the product was in resaleable condition and had the labels attached there were entitled to an exchange, however there is no legislation surrounding this. Unless a product is faulty under the implied terms of the Sale of Goods Act 1979 there is no duty on the seller to exchange or refund your product not for cash or credit note. Again people had mistaken store policy for the actual consumer protection law, which calls into question whether there is enough distinction between what are your rights in a legal sense and what is store policy or goodwill. Pleasingly in this question 80% of people answered definitely no when asked this question. In speaking to people they knew there was legislation surrounding this and a few commented that they had been sent items in the past on