Thursday, October 31, 2019
Internet Banking Security - Essay Example It is evidently clear from the discussion that the three major techniques are used by Banks to provide security to the customers Password Encryption Firewalls/Server. For the online security, the passwords or usernames pays an important role. The password is an important element that ensures verified customers to log in to their accounts. On the contrary, the hackers can seize a username or password while transmission and can utilize to access the customerÃ¢â¬â¢s account. A research states that an added authentication method is required because in financial services trust is now redefined. In addition, trust is identified as a significant factor that influences a customerÃ¢â¬â¢s presence in web-based commerce. Security threats are the main factors that work as a barrier to online banking. The customers are disturbed about the security and safety issues while using Internet banking options. The improved security measures can re-build the trust in customers that influence them to u sed Internet banking. II. Internet Banking Security for SMEÃ¢â¬â¢s For discussing the SME industry in terms of Internet Banking Security, we have utilized a typical SME as an example. A. Centralized Database access for sales/customer databases The sales database and customer database are connected to the switch. Every request from the users is redirected to the router, where the router checks the Access Control List (ACL). In this scenario, the accounts staff has permissions to access these servers. However, all the other users on the network are restricted to access these servers. B. Email An SME has configured an email server to provide email facility to the employees. It is connected to the switch. The router analyzes all the email requests, from the inbound network, to decide whether to send it to the LAN interface or the WAN interface. The security factor is handled by the firewall and IDS C. Internet Access Internet access is only provided by the Internet Security and Accele ration (ISA) server. The network administration staff can create access policies on the ISA server to allow or deny Internet access by providing MAC address and IP address of the specific user. In a domain environment, as the SME has a domain environment, usernames that are created on the domain server are sufficient. D. Company Website and Intranet The intranet is available to everyone who is associated with the network. E. VOIP To support VoIP functionality, the VoIP architecture is connected to the public switched telephone networks (PSTN).
Posted by Noel Thatcher at 6:24 PM
Tuesday, October 29, 2019
Answer the Questions - Assignment Example 2012, p. 295). The purpose behind diversification is that oftentimes a sector will witness decreases in equity value, while another sector will remain stable or even increase in price. The same is true of investments in gold or real estate. A diversified portfolio then allows the investors to shield themselves from unsystematic risk by spreading investment among various sectors of the economy. If one expects the stock market to increase in the upcoming year there are specific ways to structure the beta in their portfolio. Beta is a measure implemented in the capital asset pricing model that demonstrates the volatility of an asset in relation to the volatility of the benchmark the asset is compared to. Oftentimes then benchmark in investment portfolio is the S&P 500. A positive beta indicates that an assets value generally increases when the market increases. Therefore, if one believes that the stock market will increase in the upcoming year they should ensure that the assets in their portfolio have a strong positive
Posted by Noel Thatcher at 4:10 PM
Sunday, October 27, 2019
An Examination Of Childrens Right To Participation One of the guiding values of the UN Convention on the Rights of the Child (UNCROC) 1989 is participation, as well as one of its basic challenges. In the Convention, childrens contribution rights are restricted in the bunch of Articles 12 through 17 that pass on to public participation: right to have voices heard and measured (Art.12), right to freedom of expression (Art.13), right to beliefs (Art.14), right to association (Art.15), right to protection of privacy (Art.16), and the right to access appropriate information (Art.17) (Alderson, P. 2005). However, mainly article 12 and 13 of the Convention that focus on the rights of children to participate in all matters of concern to them, both in the family and in society (Sheridan Samulesson, 2001). The principle recognizes that children are full-grown persons who have the right to articulate their views in all matters moving them and entails that those views be heard and given owed load in agreement with the childs age and maturity. I n addition, it recognizes the potential of children to develop administrative processes, to split perspectives and to take part as citizens and actors of change (Alderson, 2005). The childrens right of participation must virtually be measured in each and every stuff connecting to children. The childrens participation in this essay will be alert on Articles 12 13. B. Understanding the notion children right to participation Human life is a continuum in which all periods should receive equal respect against the prevalent view that regards adulthood as the standard according to which other phases of human life weighed. Childhood is not as an impediment but rather as the first of many steps that makeup human life. Childhood emerges when young persons responsibility to protect themselves is taken over by the state, using its powers to recognise, shape and respond to what it perceives as the fundamental traits of young people. The need for safeguarding childrens wellbeing is widely acknowledged in theory and legislation in the Western world (UNCROC, 1989). Therefore, the recognition of children as rights-bearers, and the institution of basic rights for children have proved to be helpful in supporting childrens wellbeing (Benporath, 2003). Understanding of childrens participation is still in its relative infancy, having only really begun to be widely explored in the early 1990s (Sheridan Samulesson, 2001). From a system perspective, participation is quickly interpreted as a requirement for the well functioning of society (Jans, 2004). According to Stephenson (2004), the notion child participation can be defined as children influencing issues affecting their lives, by speaking out or taking action in partnership with adults. The energy behind child participation comes from: the growing emphasis on child rights good community development practice enabling people to address their own problems (Stephenson, Gourley Miles, 2004). C. Why child participation in decision making process? Children create a picture of themselves from the message they get from the surroundings. If others particularly adults identify them as able and competent, children will come to see themselves in the same way. Therefore, Prout (in Woodhead, 1998) declares that respect for childrens right to participation demands that children be viewed not just as subjects of study and concern, but also as subjects with concern (p.135). Children need to have the self confidence and skills to explore, take on new challenges, test their theories about how the world works, make mistakes and discover unexpected consequences. This self confidence is more likely to occur when children are provided with an occasion to add to their own experiences and learning, sharing in the decisions about what they do and how they do it. If children have the right to express their own views, they must also be given the opportunities to develop standpoints and skills, which enable them to declare them (Sheridan Samulesson, 2001). Learning to make decisions is an important life skill. Just like any other skill it needs time and practice to master and refine. The early childhood setting is a safe environment in which to rehearse. The pre-school should be one place in which children can participate and practice influence and through participation learn that their opinions and feelings are respected and valued (Sheridan Samulesson, 2001). D. Childrens right to participate in early childhood settings and teachers role Early experiences set children on developmental paths that become progressively more difficult to modify as they get older (Alderson, 2005). This fact has also been recognised in the discussion paper (for Australia) on A national framework for early childhood education and care that says, The early years of childrens learning and growth needs to be seen as vital in their own rights as well as being a base for life outcomes. During the early years children ask, discover and learn much about the world around them, establishing attitudes to learning that stay with them all the way through their lives (Productivity Agenda Working Group, 2008). The UNCROC emphasises for the development of child as a whole (Article 29(1)) and the contribution of early childhood education and care cannot be denied. In their daily lives, children mainly remain within and connect to three settings their schools, home and recreational institutions (Rasmusen, 2004). These environments have shaped by adults therefore quality early childhood performance is built upon the distinctive role of the adult. The experience, dispositions, competencies, and understanding of adults, in addition to their ability to reflect upon their job, are necessary in sustaining and ensuring quality experiences for each child (Wyatt, 2004). Therefore for high quality in pre-school, the children participation is an important criterion. However, for teachers in such settings, it can be difficult to facilitate childrens participation to know the limits of childs right to participation in decision making and the consequences of involvement of children in decision making processes and roles (Sheridan Samulesson, 2001). It is the responsibility of early learning and child care practitioners to not just present children with facts, but to offer children opportunities to experiment, and to support them as they explore. Involving children as participant, providing them an opportunity to get engage and learn from the experiences (Alderson, 2000). For example when children play a part in singing and dancing, they may learn new words from the song. They start to gain bodily alertness through dancing; they learn that they can move in unique and artistic ways to the music and express themselves all the way through dance. Does the Teacher or caregiver know what children like to do? Based on a research study, Sheridan Samulesson (2001) says that most children gave answer to this question a definite No! because children believe that the teachers dont know what they like to do in the preschool (Sheridan Samulesson, 2001). It is the right of the child to communicate and to develop skills to argue their standpoints. In order to be possible, an interactive environment that involves children is required (Saljo, 2000). Therefore, carers can ensure that they acknowledge children as being competent and capable. Before starting any activity relating to children, the carers either consult them or ask their permission (Benporath, 2003). For example, before starting play or drawing activity and before packing away materials. Observe and listen to children, let them tell us what and how they want to learn, what they need to do and the way they want to do it. The carers should offer only genuine choices to the children and respect their decisions. Enough time should be given to children to do things in their own way. Sometimes overprotection may becomes an obstacle in childrens learning (Benporath, 2003), therefore, avoid being overprotective and encourage children to investigate and manipulate materials at their own pace and to try new things. However, at the same time carers should remain sensitive to each childs ability and confidence and should know when to offer assistance as children attempt somethin g unfamiliar. When guiding childrens behaviour carers should be prepared to compromise in conflict situation and ask themselves that whether their demand from a child is reasonable or necessary. They should involve children in setting the rules and in decisions about acceptable behaviour in childhood setting. Children should be encouraged to use their own skills first in resolving a conflict, but carers should stay close enough to offer assistance and support the child when required. Carers can assure children by expressing their ability to deal with conflict in positive and constructive ways. The feelings of participating and being able to exercise influence seems to occur when a child asks the teacher something and the teacher says yes (Sheridan Samulesson, 2001). To decide Participation cannot be genuine if children have no opportunity to decide. The child perceives the teacher as an authority and seems to take his / her right to decide for granted. What the teacher tells the child to do is also of real affective significance (Sheridan Samulesson, 2001). But children should be consulted and their views should be considered. The UNCROC stipulates the right of children to express views freely and to get enough knowledge to make knowledgeable decision, although it does not entail compulsion for children to express their views (Article 13). However, it does not give children a universal right to decide and /or to supersede the decision of others. Decisions are to be made in an independent way, and parents (as well as teachers) should give appropriate direction and support when children presume their rights, as declared in the Convention (Article 5) (Sheridan Samulesson, 2001). Children are quiet certain that they can decide about their own play, their own belongings, some activities and about themselves (Sheridan Samulesson, 2001). Therefore, choices and opportunities should be provided to children to make some decisions for themselves. For example, to select the book or activity for group time. Such opportunities to choose are easy for the child carer to put into practice, but can have thoughtful belongings on a childs wisdom of empowerment and self confidence. E. Examining participation In order to involve children in decision making in programmes / matters relating to them, we need to examine ourselves and our roles in relation to children. A balance should be adhered between the type and quality of participation that occurs. Children should be involved in a way that respects and supports their roles as decision makers. This is not an easy task. According to Lansdown (2005), the children participation in any programme can be measured from three dimensions which are (Lansdown, 2005); Scope The extent to which children are empowered to exercise agency within an initiative will be influenced by the degree to which they are participating. This perspective needs to be considered in respect of each potential stage of childrens involvement what is being done? Quality Practically how far programme complies with some standards such as an ethical approach, child sensitive and enabling environment, voluntary and relevant participation, inclusive participation, secure environment, qualified dedicated and responsive staff, and community, professional and family links how is it being done? Impact The impact of child participation will need to be assessed in accordance with the objective for involving them. For example, the objective might be to promote childrens self-esteem and build skills and confidence why is it being done? (Lansdown, 2005). If childrens participation is to be sustained, replicated, resourced and institutionalised into wider communities in which children live, it is necessary to begin to construct methods of measuring what is being done and how it is impacting on childrens lives. Only by doing so, and demonstrating its efficiency, will it be possible to argue the case for continuing investment in strategies to promote participation, and indeed, to build and share understanding of what constitutes effective participation (Lansdown, 2005). F. Elements for childrens active participation in decision making Child contribution stands on its own being a basic right of the child that requires a clear assurance and useful actions to become a living truth and therefore is much more than a simple policy or style (Alderson, 2005). Possibly it was for this reason that the Committee on the Rights of Child recognized the right to contribution as one of the guiding values of the Convention. Regarding childrens views signifies that such views should not be disregarded; however it does not mean that their opinions should be automatically certified. Because expression of opinion cannot be equated with decision taking instead it implies the capability to control decision (Alderson, 2000). The support of discussion and views exchange process will give to children a sense of trust and self-confidence where they will presume increasing responsibilities and will become vigorous, democratic and tolerant (Jans, 2004). In any such process adults are anticipated to provide suitable route and guidance to chil dren while bearing in mind their views in a way consistent with the childs age and adulthood. Such like practices will allow the child to understand that why specific options are followed, or why decisions are taken that might be different from the one he / she favoured. To make effective and meaningful the participation of children in decision making, it is necessary that such participation should be; 1. Free from pressure and manipulation: Children should not be pressured, constrained or influenced in ways that might prevent them from freely expressing their opinions of leave them feeling manipulated (Alderson, 2000). This principle is usually applies where a child is forced to choose some tangible material from few offered resources without providing them a variety of open ended resources where a child has the choice to choose those that interest him/her and match his/her level of competence. 2. Recognizing Childrens evolving capacity: The UNCROC didnt set any minimum age for children that could limit their right to express their views freely and acknowledges that children can and do form views from a very early age and thereby refers to childrens evolving capacity for decision making (Benporath, 2003). This means, for example, that parent and other family members and/or, where require, members of wider community are expected to give appropriate direction, guidance or advice to children. However, parents guidance and advice will take on greater value and meaning till the child grows, develops, gains sufficient maturity and experience for becoming more autonomous and more responsible. 3. The role of parents and carers: The Childs developing capability pointing towards one side of the equation: the other involves adults growing aptitude and readiness to listen to and learn from their children for considering and understanding the childs point of view, and as a result prepared to reconsider their own opinions and attitudes and to imagine solutions that address childrens views (Benporath, 2003). Contribution is a demanding learning process both for adults and children that cannot be condensed to a simple procedure. The realisation of childrens right to participate requires preparation and mobilizing adults who live and work with children, so that they are ready to offer opportunities to children to contribute liberally and increasingly in society and expand self-governing skills. 4. Providing appropriate information: The childrens right to participate is closely linked to freedom of expression. But this right can be made meaningful and relevant when children are equipped with necessary information relating to potions that exist and the consequences of such options so that they can make informed and free decision (Alderson, 2000). Providing appropriate information enables children to gain skills, confidence and maturity in expressing views and influencing decisions. G. Conclusion Childrens are considered the worlds most valuable resource. The right to participation is a guide to the exercise of all other rights, therefore, childrens development to full potential and to continue to flourish as conscientious citizens, they require opportunities to work out their participatory privileges throughout all stages of their growth. Early childhood carers and educators are well located to endorse childrens participatory rights and preschool institutions their voice must be heard (Sheridan Samulesson, 2001). Children should be asked to split their views on aspects of their learning environments.
Posted by Noel Thatcher at 1:43 PM
Friday, October 25, 2019
Introduction State of origin is one of the toughest rivalryÃ¢â¬â¢s in Australian sport. In this report I run through the selection process and the success of the game. What is the importance of state of origin? State of origin is an important event on the sporting calendar. It has massive value to the fans but mostly, to the players selected. Any player would tell you the greatest thrill in their career would be pulling on that N.S.W or Qld jersey for the first time. It was as good as football got according to Chris walker the maroons winger 2001-2002 and he was right. It was all about the blood, sweat and tears and a bit more blood. ItÃ¢â¬â¢s all about passion. It is a big event for the fans as well. There is always a huge vibe when state of origin time comes around and at the venues the atmosphere is amazing, even hours before the game. ItÃ¢â¬â¢s a passionate game from the players and from the fans. ItÃ¢â¬â¢s the game that the booÃ¢â¬â¢s are louder and so are the cheers. How are the state of origin players selected? A part of the selection process in N.S.W is the city v country match. It is held every year so the players selected in these sides can try and fight there way into the origin squad. Many people believe that this actually isnÃ¢â¬â¢t part of the process as last years man of the match, Scott Hill, was not selected for any of the three games played but some of the selectors regard it as a trial. The Queensland rugby league do not hold a match like this to help with selection. The selectors for each state select an origin squad. The final origin team can include people not selected in the squad. The selectors are a panel of ex-players and rugby league experts who watch the performance of every player and analyse this to choose there final side about one week before the game. Why did they start state of origin? They have wanted to start state of origin since 1900. The suggestion actually came about because a New South Wales star moved to Queensland. In the 1900 a quality N.S.W player moved to Queensland. A journalist from a newspaper wrote, Ã¢â¬Å" even though he is residing in Rockhampton I am of the opinion he should play for NSW. The time has arrived, I think, for the observance of [such] a qualification for players in inter-colonial matches.
Posted by Noel Thatcher at 11:15 AM
Thursday, October 24, 2019
Your TPS (Transactional Support System) Computerized systems that perform and Answer: record daily routine transactions necessary to conduct the business; they serve at the organizationÃ¢â¬â¢s operational level MIS (Management Information System) The study of information systems focusing on their use in business and management DSS (Decision Support System)Information systems at the organizationÃ¢â¬â¢s management level that combine data and sophisticated analytical models or data analysis tools to support semistructured and unstructured decision making ESS (Executive Support System) Information systems at the organizations strategic level designed to address unstructured decision making through advanced graphics and communications Instructor Explanation: Ã¢â¬ ¢Ã Sales and marketing information systems are systems that help the firm identify customers for the organizationÃ¢â¬â¢s products and services. Such systems help to identify customer preferences, potential customers, sell the products or services, and provide support to salespeople and customers. Ã¢â¬ ¢Ã Manufacturing and production information systems are systems that provide information for planning, product development, production or service scheduling, and controlling the flow of products and services. Ã¢â¬ ¢Ã Finance and accounting information systems keep track of an organizationÃ¢â¬â¢s financial assets and fund flows. Ã¢â¬ ¢Ã Human resources information systems maintain employee records, track employee skills, job performance, training, employee compensation including pensions and benefits, legal and regulatory requirements, and career development. Received: Comments: You misunderstood the question a little bit. Yes, all the systems are defined from constituency perspective; however they can exist for every business functional area. The question asked to explain how these systems would serve each area. Partial credit. See the possible answer below Sales and marketing information systems are systems that help the firm identify customers for the organizationÃ¢â¬â¢s products and services. Such systems help to identify customer preferences, potential customers, sell the products or services, and provide support to salespeople and customers. Manufacturing and production information systems are systems that provide information for planning, product development, production or service scheduling, and controlling the flow of products and services. Finance and accounting information systems keep track of an organizationÃ¢â¬â¢s financial assets and fund flows. Human resources information systems maintain employee records, track employee skills, job performance, training, employee compensation including pensions and benefits, legal and regulatory requirements, and career development. 2Ã .Question: TCO B: The text describes Michael PorterÃ¢â¬â¢s view of the Internet as somewhat Week 4 Quiz Ã¢â¬â IS535 negative. What negative influences does Porter see? Describe several positive influences the Internet has on business. Do these outweigh the negative influences? Your Some of the negative aspects viewed about the internet was that it destroyed Answer: some industries and have threatened more. However, the internetÃ¢â¬â¢s good may outweigh the bad. New markets and a multitude of new businesses are being formed because of the internet. E-commerce transformed the business world of books, music and air travel. Telephone services, movies, television, jewelry, real estate, hotels, bill payments and software have all seen more efficient ways to strategically do business because of the internet. I think the positive aspects on competitive advantages outweigh the negative influences, especially for start up and new entry companies. The internet allows them to be more efficient and self sufficient as a business Instructor Porter sees the Internet as creating ever more intense rivalry, through allowing new Explanation: competitors to enter the market, and forcing competition on price alone, raising the bargaining power of customers, and dampening profits. Positive influences of the Internet would be lowering telecommunications costs, creating new opportunities for building brands and loyal customer bases, lowering costs of globalization. You could also view PorterÃ¢â¬â¢s negative take on lowering the barrier to entry as a positive for new companies. The InternetÃ¢â¬â¢s influence being negative or positive depends in part on the point of view from which the influence is being seen. For example, a telephone utility is impacted negatively by the emergence of Internet telephony, while other industries may be impacted positively either through the use of this technology or through engaging in Internet telephony as a business.
Posted by Noel Thatcher at 6:50 AM
Wednesday, October 23, 2019
Question AAdvise The Theatre of Wine on any claim that they might have, and what level of limitation will apply to that claim that the might have. People to note are; The Buyer/claimant: (The Theatre of Wine), in Greenwich London, UK Shipowner/defendant: (Carry Carefully), South AfricaCopy of the bill of lading My first advice is to ask The Theatre of Wine is that they need to know key important factors; The claimant need to prove when the defendantÃ¢â¬â¢s period of responsibility for the goods begin, and what was the condition of the goods at the time. In establishing the condition and the quantity of the goods at the start of the defendantÃ¢â¬â¢s period of responsibility, the claimant will be able to rely on the common law and statutory rules that governs the effect of the statements in shipping documents, such as bill of lading.As to this case there are no information about the about the period when the wine were transported, date when the contract has taken place and delivery terms, no information about how the cargo was stowed and also no information from the claimant about how the documents would be issued such as the mate receipt, final and initial draft survey report of the vessel before loading the cargo and bill of lading.Also, under every contract of carriage of goods by sea the carrier, in relation to loading, handling, stowage, carriage, custody, care and discharge of the goods shall be subject to the responsibilities and liabilities and entitle to the rights and immunities, also whether the cargo was in good condition or not, the quantity or units of the consignment was not declared by the claimant before the cargo was loaded and have not been described on the bill of lading. In that case the carrier or the ship should not become liable for any loss or damage in connection with the consignment if the amount exceeding the equivalent of 10,000 francs per package or unit 30 francs per kilo of gross weight of the goods lost or damaged, whichever i s the higher.CARRIAGE OF GOODS BY SEA ACT 1 OF 1986To amend the law with respect to the carriage of goods by sea and to provideÃ for matters connected therewith.Application of Hague Rules.Ã¢â¬â(1) Those Rules contained in the International Convention for the Unification of Certain Rules of Law Relating to Bills of Lading signed at Brussels on 25 August 1924, as amended by the Protocol signed at Brussels on 23 February 1968, which are set out in the Schedule (hereinafter referred to as the Rules) shall, subject to the provisions of this Act, have the force of law and apply in respect of the Republic in relation to and in connection with:(a) the carriage of goods by sea in ships where the port of shipment is a port in the Republic, whether or not the carriage is between ports in two different States within the meaning of Article X of the Rules; As in the current case between The Theatre of Wine the claimant and the shipowner Carry Carefully from South Africa to Greenwich London U K.(b) any bill of lading if the contract contained in or evidenced by it expressly provides that the Rules shall govern the contract; In this case the bill of lading has no detail as to weigh and description of the consignment that were shipped.(c)any receipt which is a non-negotiable document marked as such if the contract contained in it or evidenced by it or pursuant to which it is issued is a contract for the carriage of goods by sea which expressly provides that the Rules are to govern the contract as if the receipt were a bill of lading, but subject to any necessary modifications and in particular with the omission in Article III of the Rules of the second sentence of paragraph 4 and paragraph 7;Seaworthiness not to be implied. There shall not be implied in any contract for the carriage of goods by sea to which the Rules apply by virtue of this Act, any absolute undertaking by the carrier of the goods to provide a seaworthy ship.Jurisdiction of courts. (1) Notwithstanding any purported ouster ofÃ jurisdiction, exclusive jurisdiction clause or agreement to refer any dispute to arbitration, and notwithstanding the provisions of the Arbitration Act, 1965 (Act No. 42 of 1965), and of section 7 (1) (b) of the Admiralty Jurisdiction Regulation Act, 1983 (Act No. 105 of 1983), any person carrying on business in the Republic and the consignee under, or holder of, any bill of lading, waybill or like document for the carriage of goods to a destination in the Republic or to any port in the Republic, whether for final discharge or for discharge or for discharge for further carriage, may bring any action relating to the carriage of the said goods or any such bill of lading, waybill or document in a competent court in the Republic.Subject to the provisions of Article VI, under every contract of carriage of goods by sea the carrier, in relation to the loading, handling, stowage, carriage, custody, care and discharge of such goods, shall be subject to the responsibili ties and liabilities and entitled to the rights and immunities hereinafter set forth.The Carrier shall be bound before and at the beginning of the voyage to exercise due diligence to:(a) make the ship seaworthy;(b) properly man, equip and supply the ship; and(c) make the holds, refrigerating and cool chambers, and all other parts of the ship in which goods are carried, fit and safe for their reception, carriage and preservation.Subject to the provisions of Article IV, the carrier shall properly and carefully load, handle, stow, carry, keep, care for and discharge the goods carried.After receiving the goods into his charge the carrier or the master or agent of the carrier shall, on demand of the shipper, issue to the shipper a bill of lading showing among other things. (a) The leading marks necessary for identification of the goods as the same are furnished in writing by the shipper before the loading of such goods starts, provided such marks are stamped or otherwise shown clearly up on the goods if uncovered, or on the cases or coverings in which such goods are contained, in such a manner as should ordinarily remain legible until the end of the voyage.(b) Either the number of packages or pieces, or the quantity, or weight, as the case may be, as furnished in writing by the shipper.(c) The apparent order and condition of the goods: The shipper shall be deemed to have guaranteed to the carrier the accuracy at the time of shipment of the marks, number, quantity and weight, as furnished by him, and the shipper shall indemnify the carrier against all loss, damages and expenses arising or resulting from inaccuracies in such particulars. The right of the carrier to such indemnity shall in no way limit his responsibility and liability under the contract of carriage to any person other than the shipper.Unless notice of loss or damage and the general nature of such loss or damage be given in writing to the carrier or his agent at the port of discharge before or at the ti me of the removal of the goods into the custody of the person entitled to delivery thereof under the contract of carriage, or, if the loss or damage be not apparent, within three days, such removal shall be prima facie evidence of the delivery by the carrier of the goods as described in the bill of lading. The notice in writing need not be given if the state of the goods has, at the time of their receipt, been the subject of joint survey or inspection. (which is not the case)After the goods are loaded the bill of lading to be issued by the carrier, master, or agent of the carrier, to the shipper shall, if the shipper so demands, be a Ã¢â¬Å"shippedÃ¢â¬ bill of lading, provided that if the shipper shall have previously taken up any document of title to such goods, he shall surrender the same as against the issue of the Ã¢â¬Å"shippedÃ¢â¬ bill of lading, but at the option of the carrier such document of title may be noted at the port of shipment by the carrier, master or agent w ith the name or names of the ship or ships upon which the goods have been shipped and the date or dates of shipment, and when so noted, if it shows the particularsÃ mentioned in paragraph 3 of Article III, shall for the purpose of this article be deemed to constitute a Ã¢â¬Å"shippedÃ¢â¬ bill of lading. (which is not the case)Any clause, covenant, or agreement in a contract of carriage relieving the carrier or the ship from liability for loss or damage to, or in connection with, goods arising from negligence, fault, or failure in the duties and obligations provided in this article or lessening such liability otherwise than as provided in these Rules, shall be null and void and of no effect. A benefit of insurance in favour of the carrier or similar clause shall be deemed to be a clause relieving the carrier from liability. (which is not he case)Neither the carrier nor the ship shall be liable for loss or damage arising or resulting from unseaworthiness unless caused by want of due diligence on the part of the carrier to make the ship seaworthy, and to secure that the ship is properly manned, equipped and supplied, and to make the holds, refrigerating and cool chambers and all other parts of the ship in which goods are carried fit and safe for their reception, carriage and preservation in accordance with the provisions of paragraph 1 of Article III. Whenever loss or damage has resulted from unseaworthiness the burden of proving the exercise of due diligence shall be on the carrier or other person claiming exemption under this article.Neither the carrier nor the ship shall be responsible for loss or damage arising or resulting from:(a) act, neglect, or default of the master, mariner, pilot, or the servants of the carrier in the navigation or in the management of the ship;(b) fire, unless caused by the actual fault or privity of the carrier;(c) perils, dangers and accidents of the sea or other navigable waters;(d) act of God;(e) act of war;(f) act of public enemies;(g) arrest or restraint of princes, rulers or people, or seizure under legal process;(h) quarantine restrictions;(i) act or omission of the shipper or owner of the goods, his agent or representative;(j) strikes or lockouts or stoppage or restraint of labour from whatever cause, whether partial or general;(k) riots and civil commotions;(l) saving or attempting to save life or property at sea;(m) wastage in bulk or weight or any other loss or damage arising from inherent defect, quality or vice of the goods;(n) insufficiency or inadequacy of marks;(o) insufficiency of packing;(p) latent defects not discoverable by due diligence; and(q) any other cause arising without the actual fault or privity of the carrier, or without the fault or neglect of the agents or servants of the carrier, but the burden of proof shall be on the person claiming the benefit of this exception to show that neither the actual fault or privity of the carrier nor the fault or neglect of the agents or serva nts of the carrier contributed to the loss or damage.The shipper shall not be responsible for loss or damage sustained by the carrier or the ship arising or resulting from any cause without the act, fault or neglect of the shipper, his agents or his servants.(a) Unless the nature and value of such goods have been declared by the shipper before shipment and inserted in the bill of lading, neither the carrier nor the ship shall in any event be or become liable for any loss or damage to or in connection with the goods in an amount exceeding the equivalent of 10 000 francs per package or unit or 30 francs per kilo of gross weight of the goods lost or damaged, whichever is the higher.(b) The total amount recoverable shall be calculated by reference to the value of such goods at the place and time at which the goods are discharged from the ship in accordance with the contract or should have been so discharged. The value of the goods shall be fixed according to the commodity exchange price , or, if there is no such price, according to the current market price, or, if there be no commodity exchange price or current market price, by reference to the normal value of goods of the same kind and quality.(c) Where a container, pallet or similar article of transport is used to consolidate goods, the number of packages or units enumerated in the bill of lading as packed in such article of transport shall be deemed the number of packages or units for the purpose of this paragraph as far as these packages or units are concerned. Except as aforesaid such article of transport shall be considered the package or unit.Based on all above documents, clause and articles from Visby Amendments (the Bruxells Protocol) and CARRIAGE OF GOODS BY SEA ACT NO. 1 OF 1986, I can strongly say the buyer Ã¢â¬Å"The Theatre of WineÃ¢â¬ company has no chance to claim on the shipowner Carry Carefully, South Africa for damage the cargo.B. To What extent would you have advised parties to this type of c arriage contract to include an arbitration clause into their contract? Buyer: The Theatre of Wine, in Greenwich, London, United Kingdom Shipowners/Shippers: Carry Carefully, South Africa we can introduce the following arbitration clause: Ã¢â¬Å"All disputes arising in connection with the present contract to beÃ settled under the rules of Visby Amendments (the Bruxells Protocol), CARRIAGE OF GOODS BY SEA ACT NO. 1 OF 1986 of South Africa and London Maritime Arbitrators Association by three arbitrators appointed in accordance with the rules. Arbitration shall be held in London. General Average. General Average shall be adjusted, stated and settled in London, according to the York Antwerp Rules 1974, as amended 1994 and subsequent amendments.Ã¢â¬ For sure the party exposed is Ã¢â¬Å¾The Theatre of WineÃ¢â¬ from Greenwich, London, United Kingdom due to lack of covery of risk in his transportation contract
Posted by Noel Thatcher at 5:34 AM