It is unclear when a contract is formed where Essay Example

It is unclear when a contract is formed where Essay It is ill-defined when a contract is formed where communicating is via the Internet. The jurisprudence of offer and credence does non readily use to such minutess. Discuss. Contracts are something that many people are confronted with every twenty-four hours, whether it be when a newspaper is purchased from a newsdealer to commercial contracts dealt with in the class of employment, in fact it has been suggested that the mean individual comes across some 25000 contracts in their life-time. [ 1 ] With the coming of the Internet, online retailing has become an mundane happening. Because of this, it is now of import to research how the jurisprudence associating to contracts is affected ; 1000000s of people all over the universe rely on the Internet on a day-to-day footing, buying a assortment of goods and services ; yet the manner these minutess are governed is non every bit clear as it ought to be. We will write a custom essay sample on It is unclear when a contract is formed where specifically for you for only $16.38 $13.9/page Order now We will write a custom essay sample on It is unclear when a contract is formed where specifically for you FOR ONLY $16.38 $13.9/page Hire Writer We will write a custom essay sample on It is unclear when a contract is formed where specifically for you FOR ONLY $16.38 $13.9/page Hire Writer This essay will seek to research how, and more significantly, when a contract is formed via the Internet. If the jurisprudence of offer and credence does non readily use to contracts formed over the Internet, this essay shall seek to analyze how contracts are formed. As has already been mentioned, contracts are a cardinal portion of our day-to-day being and it is of import to get down this piece with a brief definition of what constitutes a contract. The chief portion of this essay will see the impressions of offer and credence and how, if at all, they have evolved to suit the Internet. As it is certain that the international legislative organic structures will hold monitored the state of affairs sing the formation of online contracts, their input shall be given some consideration with a general overview given. By utilizing text editions, diaries, articles and a little sum of Internet resources, this essay will try to determine at what point a contract comes into being via the Intern et and whether the rules of offer and credence do apply. Some consideration will besides be given to acceptance via the traditional postal service as there are some obvious similarities with the usage of electronic mail. On the face of it, there may be some similarities as to when credence occurs ; this essay will analyze this country. This essay will seek to give a clear apprehension how an country of jurisprudence that has multitudes of history traceable for 100s of old ages has been forced to accommodate to suit in with the oncoming of the technological epoch. Any illustrations given in this essay will be in the context of consumer minutess. Because of the planetary impact the Internet has had on our society, it is of import that clip is taken to see the issues environing legal power ; under which country’s legal power shall a peculiar contract be governed by? This shall merely be given really brief consideration as an in-depth analysis is beyond the range of this essay. Because the jurisprudence of contract is embedded in the common jurisprudence, there are many fluctuations on what a contract consists of. The definition that will be used throughout this essay will be taken from a lexicon of jurisprudence: â€Å"A lawfully adhering understanding. Agreement arises as a consequence of offer and credence, but a figure of other demands must be satisfied for an understanding to be lawfully adhering. ( 1 ) There must be consideration ( unless the contract is by title ) . ( 2 ) The parties must hold the purpose to make legal dealingss. This demand normally operates to forestall a strictly domestic or societal understanding from representing a contract. ( 3 ) The parties must hold capacity to contract. ( 4 ) The understanding must follow with any formal legal demands. In general, no peculiar formality is required for the creative activity of a valid contract. It may be unwritten, written, partially unwritten and partially written, or even implied from behavior. Certain minutess are, nevertheless, valid merely if effected by deed†¦or in writing†¦ . ( 5 ) The understanding must be legal. ( 6 ) The understanding must non be rendered void either by some common-law or statutory regulatio n or by some built-in defect, such as operative error. Certain contracts, though valid, may be apt to be set aside by one of the parties on such evidences as deceit or the exercising of undue influence.† [ 2 ] This is a comprehensive definition covering the chief facets of a contract, even though this essay is chiefly concerned with the jurisprudence sing offers and credence. The constructs of offer and credence will be considered farther throughout the class of this essay. An offer is considered to be a willingness to come in into a contract and must be clear, as once it has been accepted a binding contract is formed. Before the contract can be formed, there must be an credence of the offer. This can be given via words or behavior, although it was held in the instance of Felthouse v. Bindley [ 3 ] that silence is non plenty. The regulations associating to offer and acceptance have caused many instances to come before the tribunal. Many have non been capable of accommodating, although they have provided a overplus of instance jurisprudence on the topic. The usage of the Internet has revolutionised the commercial sector. This radical alteration has resulted in the demand for consideration to be given to the formation of on-line contracts. Nowadays, about all types of contract can be made via the Internet, although there are some which can merely be made in composing with both parties physically present. An illustration of this is the sale and purchase of land. Until such clip as the Land Registry can efficaciously implement a safe and unafraid method of subscribing a signature electronically, all contracts associating to the sale and purchase of land must be in composing. This is non the lone signifier of contract incapable of being formed online, but with the uninterrupted development of the Internet, it is envisaged that, at some point in the hereafter, all contracts will be formed online. At this point in the essay, it is of import to pull a differentiation between an offer and an invitation to handle. An invitation to handle should be regarded as an invitation to others to do an offer. The celebrated instance of Fisher v. Bell [ 4 ] is a good authorization on specifying an invitation to handle. A tradesman who displayed a switchblade in his store window was prosecuted for offering the knife for sale, which was a condemnable offense at the clip. In make up ones minding the instance, it was held that by exposing the knife, the tradesman was non offering the knife for sale but ask foring passers-by to originate dialogues. Similarly, in a supermarket, an offer is capable of being accepted or rejected at the check-out procedure [ 5 ] , intending that points in supermarkets should be construed as invitations to handle. A possible job of undertaking with an on-line retail merchant was encountered in September 1999 [ 6 ] . A retail merchant was found to be bespeaking on it’s web site that telecastings were available at ?3. The right monetary value should hold been ?300. Before the retail merchant could take stairss to rectify the job, people had placed orders for the telecasting at the advertised monetary value of ?3. Were the clients accepting the retailer’s offer or doing an offer themselves which gave the retail merchant the pick of accepting it or non? At the clip of telling, the clients provided their recognition card inside informations, which the retail merchant had the pick to decline these inside informations. Therefore, it would be safe to presume that the web site was an invitation to handle, in a similar manner as points in a store are invitations to handle. [ 7 ] There are several methods of instantaneous communicating, which can be used to convey credence of an offer. Possibly the most obvious signifier of instantaneous communicating is face-to-face contact. However, where the Internet is the medium of communicating, face-to-face contact with an on-line retail merchant is about impossible. A particular set of regulations are in topographic point for the postal service, known as the ‘postal regulation, ’ this was devised in the instance of Adams v. Lindsell [ 8 ] and allows an offer to be accepted at the point of posting the credence to the offerer. The thought behind this regulation is that one time a missive has been posted into a station box, the individual posting the missive loses all control of the missive and it comes into the control of the postal service. The tribunals have devised an attack to the usage of instantaneous communicating in relation to online contract formation. In the instance of Entores Ltd. v. Miles Far East Corporation [ 9 ] , a contract was formed through pass oning via teletypewriter. The complainants were located in London and made an offer, which was accepted by the suspects, who were based in Amsterdam. It was decided that the contract was made when the complainants received the credence. In his judgement, Parker LJ held: â€Å"that where parties are in each others’ presence or, though separated in infinite, communicating between them is in consequence instantaneous, there is no demand for any such regulation of convenience. To keep otherwise would go forth no room for the operation of the general regulation that presentment of the credence must be received. An acceptor could state: ‘I spoke the words of credence in your presence, albeit quietly, and you did non hear me, ’ or ‘I telephoned to you and accepted, and it matters non that the telephone went dead and you did non acquire my message ’ So far as Telex messages are concerned, though the despatch and reception of a message is non wholly instantaneous, the parties are to all purposes and intents in each other’s presence merely as if they were in telephonic communicating, and I can see no ground for going from the general regulation that there is no adhering contract until notice of the credence was receive d by the offeror.† By and large, the formation of an online contract is the same as the formation of an offline contract. The confusion environing on-line contracts arises when credence is considered. As an illustration, see if the marketer processes the customer’s order through the web site, but credence is made by e-mail. Is acceptance communicated when the marketer presses the ‘send’ button, when it leaves the seller’s e-mail system, when it enters the buyer’s e-mail system or when the purchaser reads it? A little differentiation shall be drawn between the Internet and electronic mail. However, as there is no uncertainty as to the relationship between the two, consideration will be given to both. It has to be said that the bulk of consumer minutess preponderantly take topographic point with small engagement of electronic mail. In some respects, it is rather reasonable to distinguish between the Internet and the usage of electronic mail. Minutess that are formed over the Internet are instantaneous, whereas the bringing of electronic mail may be delayed by hours and perchance yearss depending upon the sum of electronic traffic go throughing through the web. As the ultimate fate of an e-mail can be influenced by extrinsic factors, a more accurate analogy may be made with the postal service. The regulations sing negociating an offer must be considered. When an offer is accepted, if it seeks to add new footings to the offer, the original offer is destroyed and a counter-offer is made. The instance of Hyde v. Wrench [ 10 ] is a perfect presentation of this. Wrench offered to sell his farm to Hyde for ?1000. In response, Hyde said he would pay ?950. When this was declined, Hyde offered to pay the ?1000. The ensuing legal action held that Hyde’s counter-offer of ?950 had destroyed the offer to sell at ?1000. Unusually, non many instances sing contractual relationships created via the Internet have come before the tribunal. This is rather unusual sing that many goods and services have been available to buy online for several old ages. The instance of J. Pereira Fernandes SA v. Mehta [ 11 ] concerned an e-mail sent by the defendants’ helper on the defendant’s instructions, refering a debt. In the electronic mail, sent to the claimant’s canvassers, the suspect put frontward a proposal to refund the outstanding debt. The electronic mail was non signed, although it did include the defendant’s e-mail reference. The claimant’s canvassers were prepared to accept the offer and communicated this to the suspect explicating that they would direct him the necessary paperwork to formalize the understanding. The suspect neer received the paperwork. The claimant’s canvassers sought to implement the personal warrant given by the suspect in his electronic mail. At first case, it was held that the personal warrant given in the electronic mail was capable of being enforced. On leting an entreaty by Mr. Mehta, Judge Pelling Q.C. stated: â€Å"I have no uncertainty that if a party creates and sends an electronically created papers so he will be treated as holding signed it to the same extent that he would in jurisprudence be treated as holding signed a difficult transcript of the same papers. The fact that the papers is created electronically as opposed to as a difficult transcript can do no difference.† This judgement, given in the Chancery Division of the High Court, shows the bench is get downing to accommodate old contractual rules to embrace modern technological progresss. The International Chamber of Commerce’s Uniform Rules for Electronic Trade and Settlement put forward a proposal that offers and credences made electronically go effectual merely when it enters the information system of the receiver in a signifier capable of being processed on that system. [ 12 ] In order to appreciate the differences between offers and credences, the footings and conditions of several popular web sites have been looked at to measure the different points at which contracts become created. The first set of footings and conditions that were examined were those of Play.com. Paragraph 5 of the footings and conditions [ 13 ] provides: â€Å"No contract for the sale of any merchandise will exist between you [ the client ] and Play.com unless and until Play.com accepts your order by manner of an e-mail confirming that it has received payment in full for all the goods you have ordered. That credence will be deemed for all intents to hold been efficaciously communicated to you at the clip Play.com direct the electronic mail to you ( whether or non you receive that electronic mail ) . This verification e-mail sums to an credence by Play.com of you offer to purchase goods from Play.com or a 3rd party provider that is engaged on your behalf by Play.com† It is apparent that a contract will be merely be formed when Play.com send the verification electronic mail to the consumer. This will do for pass oning the credence to the consumer. Amazon.co.uk take a similar stance with paragraph 13 of their conditions of usage and sale [ 14 ] stating: â€Å"When you place an order to buy a product.. , we will direct you an e-mail corroborating receipt†¦Your offer represents an offer to us to buy a merchandise which is accepted by us when we send e-mail verification to you when we’ve dispatched that merchandise to you†¦That credence will be complete at the clip we send the despatch verification electronic mail to you.† Whereas Play.com accept the offer when they confirm reception of payment, Amazon.co.uk wait until they have sent a verification electronic mail corroborating they have dispatched the goods. The gadgetshop.com [ 15 ] differs somewhat as it makes proviso for the cancelling of the contract. In a similar attack to Amazon.co.uk, they merely accept the offer and reason the contract when despatch of the order occurs. With respects to the cancellation of the contract, paragraph 6 of the gadgetshop.com’s footings and conditions provides: â€Å"You may call off your contract with us for the goods you order at any clip up to the terminal of the 20 one yearss from the day of the month you receive the ordered goods. You do non necessitate to give any ground for call offing your contract nor will you hold to pay any penalty.† These methods of offering and accepting are all compatible with The Electronic Commerce ( EC Directive ) Regulations 2002, to be considered in the following portion of this essay. It should be noted that all the featured retail merchants send some signifier of collateral electronic mail. There have been many efforts to codify the jurisprudence associating to undertaking via the Internet. Because of the international nature of the Internet, many of the efforts at codification have been made by international administrations. In December 1999, the Organisation for Economic Co-operation and Development ( OECD ) agreed guidelines on the Electronic Commerce, the end of which was: â€Å".. that consumers shopping online should bask transparent and effectual protection that is non less that the degree of protection that they have in other countries of commercialism. Among other things, they stress the importance of transparence and information disclosure.† [ 16 ] The oncoming of the online contract has non avoided the attending of the European Union. A programme for regulative action was outline in â€Å"A European Initiative in Electronic Commerce† . [ 17 ] The Consumer Protection ( Distance Selling ) Regulations 2000 apply to contracts made by consumers when there is no face-to-face contact with the marketer. This would clearly use to all consumer-related contracts formed via the Internet. When these Regulations do apply, they allow the consumer to call off the contract by giving written notice. This option remains unfastened for a period of seven yearss after having the goods provided under the contract. Protection is besides given to the marketer when they offer things for sale via the Internet. Regulation 11 ( 1 ) ( B ) of the Electronic Commerce ( EC Directive ) Regulations 2002 [ 18 ] provinces that a marketer shall do available to the consumer appropriate, effectual and accessible proficient agencies leting him to place and rectify input mistakes prior to the placing of an order. Regulation 12 provides that an ‘order, ’ as mentioned in 11 ( 1 ) ( B ) means the ‘contractual offer.’ Article 9 of the Electronic Commerce ( EC Directive ) Regulations 2002 [ 19 ] provides that: â€Å"Treatment of contracts Member States shall guarantee that their legal system allows contracts to be concluded by electronic agencies. Member States shall in peculiar guarantee that the legal demands applicable to the contractual procedure neither create obstructions for the usage of electronic contracts nor consequence in such contracts being deprived the legal effectivity and cogency on history of their holding been made by electronic means.† This ensures that the tribunals must use the same contractual rules to online contracts as they do to contracts created off-line. Article 11 of the aforesaid Directive [ 20 ] goes on to state: â€Å"1. Member States shall guarantee, except when otherwise agreed by parties who are non consumers, that in instances where the receiver of the service topographic points his order through technological agencies, the undermentioned rules apply: the service supplier has to admit the reception of the recipient’s order without undue influence and by electronic agencies, the order and the recognition of reception are deemed to be received when the parties to whom they are addressed are able to entree them. Member States shall guarantee that, except when otherwise agreed by parties who are non consumers, the service supplier makes available to the receiver of the service appropriate, effectual and accessible agencies leting him to place and rectify input mistakes, prior to the placing of the order. Paragraph 1, first indent and paragraph 2 shall non use to contracts concluded entirely by exchange of electronic mail or by tantamount single communications.† It has been demonstrated that under English contract jurisprudence, the offer must be accepted before a contract is formed. This in itself will be sufficient recognition of the order, nevertheless, the Directive places a farther load on the retail merchant because they must so admit the credence the offer. Undoubtedly, because of the planetary nature of the Internet, it should ever be considered which legal power would be used to regulate the contract. Should a contract fail to advert the regulating legal power, an of import factor to be considered would be in what legal power was the contract finalised. In this regard, peculiar attending should be paid to the Brussels Convention on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters 1968, although any farther analysis of this country is beyond the range of this essay. In decision, those who enter into contracts over the Internet must be offered some protection. If the jurisprudence of offer and credence does non readily use to such minutess so the whole impression of e-commerce becomes unstable. When a contractual difference comes before the tribunals, the bench have to turn to instance jurisprudence, some of which is 100s of old ages old. Through broad reading of the judgements given in these old instances, the tribunals are able to widen many of the rules already in being. The judgement in J. Pereira Fernandes SA v. Mehta [ 21 ] merely goes to exemplify the court’s avidity to supply those who enter into any signifier of on-line understanding with some protection. There is surely a clear differentiation drawn between the usage of the postal service and the usage of instantaneous communications, such as electronic mail. The illustrations given within this essay have demonstrated that contracts are formed at somewhat different times: either when reception of payment is received or the goods purchased under the contract are dispatched. However, there is small uncertainty that contracts are formed. The legislative governments, such as the European Union, have clearly appreciated the fact that in order for a contract to be formed, there must be an offer, which must be accepted. This is a basic foundation of contract jurisprudence which has been embedded in the common jurisprudence system of this state for 100s of old ages. As a consequence, this essay seeks to differ with the averment that the jurisprudence of offer and credence does non readily use to minutess formed over the Internet. By working in concurrence, the usage of electronic mail and the Internet can get the better of the jobs that may be encountered with the formation of contracts over the Internet. 3734 words. It is ill-defined when a contract is formed where communicating is via the Internet. The jurisprudence of offer and credence does non readily use to such minutess. Discuss. Adams v. Lindsell ( 1818 ) 1 B A ; Ald.681 A European Initiative in Electronic Commerce hypertext transfer protocol: //www.bakernet.com/ecommerce/european % 20ini % 20ecom.pdf as at 25ThursdayJuly 2006. Bygrave, L.A. A ; Foss, M. International Consumer Purchases through the Internet: Jursidictional Issues pursuant to European Law. I.J.L A ; I.T. 2000, 8 ( 2 ) , 99-138. Conditionss of Use and Sale of Amazon.co.uk: hypertext transfer protocol: //www.amazon.co.uk/exec/obidos/tg/browse/-/1040616/ref=cs_hd_lp_3/026-2738009-7862032 # sale as at 26ThursdayJuly 2006. Directing 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal facets of information society services, in peculiar electronic commercialism, in the Internal Market, â€Å"Directive on Electronic Commerce.† Entores Ltd. v. Miles Far East Corporation [ 1995 ] 2 All E.R. 493 Felthouse v. Bindley ( 1862 ) 11 CBNS 869 Fisher v. Bell [ 1961 ] 1 Q.B. 394 Hyde v. Wrench ( 1840 ) 3 Beav. 334 IOLIS, 10ThursdayAnniversary edition, Law Courseware Consortium, School Of Law, University of Warwick. J. Pereira Fernandes SA v. Mehta [ 2006 ] EWHC 813 ( Ch ) Lloyd, Ian.Legal Aspects of the Information System. Butterworths, 2000. Martin, E.A. A Dictionary Of Law, Fifth Edition. Oxford University Press, 2003. Perritt Jr. , Henry. Law and the Information Superhighway. Wiley Law Publications, 1996. Pharmaceutical Society of Great Britain v. Boots Cash Chemists ( Southern ) Ltd. [ 1952 ] 2 All E. R. 456. Roger, Kevin. Signing your e-life off. 156 N.L.J. 833. Stone, Richard.The Modern Law of Contract, Fifth Edition. Cavendish Publication, 2002. Stone, Richard.Contract Law 2005-06, Sixth Edition. Cavendish Q A ; A Series, 2005. Footings and Conditionss of Play.com: hypertext transfer protocol: //www.play.com/HOME/HOME/navfoot/5-/AboutUs.html? page=terms as at 26ThursdayJuly 2006. Footings and Condtions of The Gadgetshop.com: hypertext transfer protocol: //www.thegadgetshop.com/pws/TAndC.ice as at 26th July 2006. Upex, R. A ; Bennett G.. Davies on Contract, Ninth Edition. Thomson Sweet A ; Maxwell, 2004. 1

Free Sample Essays For Scholarships

Free Sample Essays For ScholarshipsFree sample essays can help students make good choices when it comes to choosing which free sample essay for scholarship is the best. Although there are many other good choices, these two forms of essay writing do not always seem to match up.Students that are applying for college need to make sure that they select a free sample essay from an excellent source. This is a great way to ensure that the essay they choose will stand out in the minds of the reader.When students enter into the online application process, they must be able to get a sense of what their chances are of getting accepted into the school that they wish to attend. It is also a good idea to note which colleges are the most selective in accepting students.Scholarship writing should be simple and easy to read, and most times this means that it should be well written. This makes the essay a bit more appealing to college admissions officers, and allows them to review the essay before cho osing it as one of the many applications to read.Although many people would like to believe that no one will be able to tell whether the free sample essay is from a student that is talented or not, this is far from the truth. What the writer needs to do is to be able to make the essay stand out from the crowd of other similar essays.Scholarship writing has a tendency to be simple and straight forward, but when it comes to choosing the perfect essay, students should be able to customize it according to their needs. This means that they should be able to change certain parts of the essay to fit their own specific needs.Most students have access to the Internet and can take advantage of the many websites that offer free sample essays. These samples can be used by students to make a good selection of the type of essay that they would like to write.These resources are a great way to find the right essay at the right price, which can then be used to help students make the best selection f or their particular needs. Choosing a free sample essay for scholarship can benefit a student by helping them write a better essay.

Brigadier General James Barnes in the Civil War

Brigadier General James Barnes in the Civil War James Barnes - Early Life Career: Born December 28, 1801, James Barnes was a native of Boston, MA.   Receiving his early education locally, he later attended Boston Latin School before commencing a career in business.   Unsatisfied in this field, Barnes elected to pursue a military career and obtained an appointment to West Point in 1825.   Older than many of his classmates, including Robert E. Lee, he graduated in 1829 ranked fifth of forty-six.   Commissioned as a brevet second lieutenant, Barnes received an assignment to the 4th US Artillery.   Over the next few years, he served sparingly with the regiment as he was retained at West Point to teach French and tactics.   In 1832, Barnes married Charlotte A. Sanford. James Barnes - Civilian Life: On July 31, 1836, following the birth of his second son, Barnes elected to resign his commission in the US Army and accepted a position as a civil engineer with a railroad.   Successful in this endeavor, he became superintendent of the Western Railroad (Boston Albany) three years later.   Based in Boston, Barnes remained in this position for twenty-two years.   In the late spring of 1861, following the Confederate attack on Fort Sumter and beginning of the Civil War, he left the railroad and sought a military commission.   As a graduate of West Point, Barnes was able to obtain the colonelcy of the 18th Massachusetts Infantry on July 26.   Traveling to Washington, DC in late August, the regiment remained in the area until the spring of 1862. James Barnes - Army of the Potomac: Ordered south in March, Barnes regiment sailed to the Virginia Peninsula for service in Major General George B. McClellans Peninsula Campaign.   Initially assigned to Brigadier General Fitz John Porters division of III Corps, Barnes regiment followed the general to the newly-created V Corps in May.   Largely assigned to guard duty, the 18th Massachusetts saw no action during the advance up the Peninsula or during the Seven Days Battles in late June and early July.   In the wake of the Battle of Malvern Hill, Barnes brigade commander, Brigadier General John Martindale, was relieved.   As the senior colonel in brigade, Barnes assumed command on July 10.   The following month, the brigade participated in the Union defeat at the Second Battle of Manassas, though for unrecorded reasons Barnes was not present.       Rejoining his command, Barnes moved north in September as McClellans Army of the Potomac pursued Lees Army of Northern Virginia.   Though present at the Battle of Antietam on September 17, Barnes brigade and the rest of V Corps were held in reserve throughout the fighting.   In the days after the battle, Barnes made his combat debut when his men moved to cross the Potomac in pursuit of the retreating enemy.   This went badly as his men encountered the Confederate rearguard near the river and sustained over 200 casualties and 100 captured.   Barnes performed better later that fall at the Battle of Fredericksburg.   Mounting one of the several unsuccessful Union attacks against Maryes Heights, he received recognition for his efforts from his division commander, Brigadier General Charles Griffin. James Barnes - Gettysburg: Promoted to brigadier general on April 4, 1863, Barnes led his men at the Battle of Chancellorsville the following month.   Though only lightly engaged, his brigade held the distinction of being the last Union formation to recross the Rappahannock River after the defeat.   In the wake of Chancellorsville, Griffin was forced to take sick leave and Barnes assumed command of the division.   The second-oldest general in the Army of the Potomac behind Brigadier General George S. Greene, he led the division north to aid in halting Lees invasion of Pennsylvania.   Arriving at the Battle of Gettysburg early on July 2, Barnes men briefly rested near Powers Hill before V Corps commander Major General George Sykes ordered the division south towards Little Round Top. En route, one brigade, led by Colonel Strong Vincent, was detached and rushed to aid in the defense of Little Round Top.   Deploying on the south side of the hill, Vincents men, including Colonel Joshua L. Chamberlains 20th Maine, played a critical role in holding the position.   Moving with his remaining two brigades, Barnes received orders to reinforce Major General David Birneys division in the Wheatfield.   Arriving there, he soon withdrew his men back 300 yards without permission and refused pleas from those on his flanks to advance.   When Brigadier General James Caldwells division arrived to reinforce the Union position, an irate Birney ordered Barnes men to lie down so that these forces could pass through and reach the fighting.          Finally moving Colonel  Jacob B. Sweitzers brigade into the fight, Barnes became conspicuously absent when it came under a flank attack from Confederate forces.   At some point later in the afternoon, he was wounded in the leg and taken from the field.   Following the battle, Barnes performance was criticized by fellow general officers as well as his subordinates.   Though he recovered from his wound, he performance at Gettysburg effectively ended his career as a field officer. James Barnes - Later Career Life: Returning to active duty, Barnes moved through garrison posts in Virginia and Maryland.   In July 1864, he assumed command of the Point Lookout prisoner-of-war camp in southern Maryland.   Barnes remained in the army until being mustered out on January 15, 1866.   In recognition of his services, he received a brevet promotion to major general.   Returning to railroad work, Barnes later aided the commission tasked with constructing the Union Pacific Railroad.   He later died at Springfield, MA on February 12, 1869 and was buried in the citys Springfield Cemetery.   Ã‚   Selected Sources Gettysburg: James BarnesOfficial Records: James Barnes18th Massachusetts Infantry

Business Intelligence Advantages and Disadvantages

Business Intelligence Advantages and Disadvantages Introduction The purpose of this report is to discuss the both the advantages and disadvantages of using Business Intelligence within a business. As well as to discuss the potential algorithms which could be used to achieve datamining which will allow for discovery of information who may be existing or potential future customers. By the end of this report I aim to make it clear the advantages of incorporating these tools and techniques within the business, and the benefits that will be seen. Business Intelligence Business Intelligence (Business Intelligence , 2007) is a collection various technologies and tools which are used for collecting, organizing and analysing data and information, and then providing the user with the information in a form which will help them with making business decisions. There are 3 major parts to business intelligence Reporting, Integration and Analysis. Reporting is essentially the creation and use of reports, while integration is about taking da ta from a source and being able to modify it to fit another purpose and data source. Finally, Analysis is the producing and organizing structures that have been filled with data taken from a separate source, commonly tools such as OLAP (OLAP, n.d.) (Online Analytical Processing) are used in order to achieve this. This process if often referred to as Data Mining. Using Business Intelligence has numerous advantages and is something that every company should consider using. One of its most obvious advantages is that it can help show trends and correlation in statistics (E.G user activity, sales, and complaints) and this can then be used by businesses in order to improve. Another considerable advantage of using Business Intelligence is also the reliability of the presented information and allows for relatively accurate prediction which greatly improves planning. Although it should be noted that there are some disadvantages to using Business Intelligence, this is that the historical data that is recorded needs to be stored somewhere, and this takes up more memory, which not only means more cost in storage, but also a speed reduction as there will be a huge amount data to be analysed. Another notable disadvantage is the potentially high initial cost, as well as maintenance cost, and although these costs should pay for themselves with improved decision making there is a possibility of the investment not paying off. There are not many disadvantages to using business intelligence, but they should still be taken into consideration. (Disadvantages of Business Intelligence, n.d.) A good example of business intelligence being used by other recognisable companies is that Netflix (Business Intelligence, 2015), the online media streaming service, using this system of business intelligence to work out which shows will be popular, and which of their categories may need a little reworking. This gives them the information they need to stay ahead of the curve and to make sur e the shows that remain on the site are popular. Datamining algorithms With computers being used more and more within businesses, the information that the business needs to function is also stored on these computers (E.G Sales records, customer information etc.) so the ability to scan and analyse these massive amounts of information is incredibly beneficial to not only making business based decisions, but to predict sales trends or areas in need of improvement. There are a wide range of different Data Mining algorithms available to use, the ones discussed here will be the Decision tree, Bayesian Classification as well as K-Means. I have chosen to discuss and compare these 3 as they are quite different in how they operate.    One of the most commonly used Data Mining algorithms is the Decision Tree (Decision Tree Algorithm, n.d.), at the top of the decision tree we have a Root, which is essentially a check on an attribute, and from there the answers to the check make the bran ches. The leaves of the tree are in fact formed from each class label. The advantages of using this algorithm compared to the others is that in order to function it requires to prior knowledge of the domain, the other huge advantage which makes an attractive solution is that it is also very easy to follow and understand compared to more complex algorithms. The complexity for this algorithm can be worked out by the number of leaves that the decision tree has. This algorithm is often called ‘Supervised Learning’, this basically means that the data is already labelled within classes. ( Image taken from ( http://www.saedsayad.com/decision_tree.htm (Decision Tree Algorithm, n.d.) ) The second mostly commonly used algorithm for Data Mining is known as Bayesian Classification (Bayesian Classifcation, n.d.), this algorithm effectively works via predicting the probability that a pattern or set of information belongs to a specific class. This algorithm is often favoured am ong the Data Mining techniques for its efficient results, although it needs to be taken into consideration that if the data is highly random then another algorithm would be preferred over the Bayesian Classification. It is also not recommended to use this algorithm with small data sets as this came mean a very low precision as well as recall. Although this algorithm might seem simple, it’s also highly accurate and is used often in filtering software (email spam, language filters). This algorithm is a supervised learning, as the user provides it with an already labelled dataset. The third algorithm which should be considered for the Crowd Funding System is ‘K-Means’ (k-means, n.d.). This algorithm works by creating groups based on the set of objects this results in the in the members of the group more similar, this algorithm is often referred to as ‘Cluster Analysis’. ‘Cluster Analysis’ is a collection of different algorithms which all follow the same pattern (Clusters, n.d.). The pattern being that they create groups (or clusters) in a way which means that the cluster members are much more similar as opposed to non-grouped members. This is not quite unsupervised nor supervised learning, this is because the user states the number of clusters needed, but it still features unsupervised learning as well as the algorithm learns where the cluster belongs without the user needing to provide it with any more information. I’ve compared 3 algorithms, a decision tree based one, a clustering based one and a naà ¯ve one. My recommendation for use with the Crowd Funding Software would be the Decision Tree, this is for a number of reasons, the first being that it’s extremely easy to follow, even by someone who has no prior knowledge to the algorithm. Also because it’s easy to follow and understand it’s also easy to maintain and tweak it depending on the circumstance. Another major reason that I wo uld chose decision tree is that they work quickly as well being non-parametric. Non-parametric means that the algorithm doesn’t need specific data distribution in order to function. Data-mining advantages and disadvantages The main advantage of using Data-Mining for the Crowd Funding System would be that it could use ‘Affinity Analysis’ (Affinity Analysis, n.d.), this is basically a scan off all the customers previous shopping history and then be able to advertise to them directly. This applies to the Crowd Funding System as we can use data mining to find out what projects a customer prefers and then advertise those projects directly to them. (E.G If a particular user often supports Gaming Software projects on the webpage, then we can use this information to have all Gaming Software projects as the top hit on their home page.) Affinity Analysis can often be used to detect fraud, which is useful for any company. Another advantage that this business can gain fr om Data Mining is Customer Segmentation, this is the process of breaking the customers down into smaller group based on say age, occupation or even gender. The advantage of doing this is that you can then target your advertisement to people who will be highly interested, and the more effective the advertising the more money people will donate to the projects. This applies directly to the Crowd Funding Systems first example, using this customer segmentation the film writer / director will be advertise her project to all her previous fans, or even people who are interested in that genre, this will mean she can reach a much more interested user base. The other huge advantage of Data Mining that can be applied to the CFS is that it can help to achieve Sales Forecasting, this is exactly what it sounds like, and it uses previous sales records to relatively accurately provide predictions for future sales. This can be used by the system for the second example the Kinect mobile phone battery , if they can predict how many donations the project is going to get they can either boost its advertisement, or perhaps communicate with the user that previous similar projects haven’t been able to reach their goal or at least direct them where they went wrong. One of the concerns the current business has is damage to its reputation, using data mining techniques they will be able to not only boost their donations and improve their advertisement, but also be able to learn more from the customers, and this can only be beneficial for the company. Donor exhaustion was also on the companies list of concerns, but data mining will be able to prevent this because it can be used to keep track of what advertisement has been sent to who, and what projects they are likely to bid on, so routinely changing the projects they are advertised will keep the users hopefully interested. CRM CRM stands for Customer Relationship Management (CRM, n.d.) And is used by businesses to keep their customers happy, it uses data mining techniques in order to get feedback and improve on their products constantly. The data mining algorithms discussed earlier are extremely useful for gathering and analysing information and data about customers and opinions on projects. We can then use this information to make improvements or changes where they are needed, and this will greatly increase customer satisfaction as customers will be able to see the changes they wanted. Although it is recommended to only try this with a vast amount of data, and huge amount of transactions. As smaller amounts of data can provide in accurate information. Using CRM will greatly improve the Crowd Funding Company’s reputation and mean they have a lot more satisfied donors. Conclusion In conclusion I strongly recommend that the crowd funding system decides to include data mining algorithms. It has a long list of advantages including sales prediction, improved advertisement, and mostly importantly i mproved customer satisfaction. I would also highly recommend the use of the decision tree algorithm as it’s easy to follow and can easily be modified depending on the information that needs to be collected. It should be noted that choice of data source is important, as some of them may provide useful information, but there are quite a few that should be ignored.   CRM should also be taken into consideration, as using this software has proven to greatly improve the publics opinion of a business. A modern business can’t afford not to use these data mining techniques, as failure to utilize these tools will mean a huge disadvantages against its competitors. The more information that can be collected from this companies customers, the more value the company can provide them, and the happier the customer the more donations that will be made. References Affinity Analysis . (n.d.). Retrieved from https://en.wikipedia.org/wiki/Affinity_analysis Bayesian Classifcation . (n.d.). Retrieved from https://www.tutorialspoint.com/data_mining/dm_bayesian_classification.htm Business Intelligence . (2007, March 6). Retrieved from http://www.cio.com/article/2439504/business-intelligence/business-intelligence-business-intelligence-definition-and-solutions.html Business Intelligence . (2015, Febuary 26). Retrieved from http://businessintelligence.com/big-data-case-studies/data-driven-proof-netflix-needs-buy-blockbuster/ Clusters . (n.d.). Retrieved from https://en.wikipedia.org/wiki/Cluster_analysis CRM . (n.d.). Retrieved from http://searchcrm.techtarget.com/definition/CRM Decision Tree Algorithm . (n.d.). Retrieved from http://www.saedsayad.com/decision_tree.htm Disadvantages of Business Intelligence . (n.d.). Retrieved from http://business.mapsofindia.com/business-intelligence/disadvantages.html k-means . (n.d.). Retrieved from https://en.wikipedia.org/wiki/K-means_clustering OLAP . (n.d.). Retrieved from http://olap.com/olap-definition/ S tar Schema Notes The use of BLOB is so that the users can store there video sales pitches within the database, after some research I realised there wasn’t a dedicated media storage format and instead have to suffice story it in binary.

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In his Meditations on First Philosophy, Descartes states â€Å"I have a clear and distinct idea of myself, in as far as I am only a thinking and unextended thing, and as, on the other hand, I possess a distinct idea of body, in as far as it is only an extended and unthinking thing†. [1] The concept that the mind is an intangible, thinking entity while the body is a tangible entity not capable of thought is known as Cartesian Dualism. The purpose of this essay is to examine how Descartes tries to prove that the mind or soul is, in its essential nature, entirely distinct from the body and whether or not he is successful. While I agree with his theory that the mind and body are distinct, I do not believe the mind is non-extended and I do not agree with Descartes’ assertion that the mind is capable of existence beyond the body. One of the ways in which Descartes attempts to prove that the mind is distinct from the body is through his claim that the mind occupies no physical space and is an entity with which people think, while the body is a physical entity and cannot serve as a mechanism for thought. [1] I believe most of this portion of his position to be true. The body quite certainly has a physical presence and is not capable of controlling or thinking for itself. I begin to disagree with Descartes’ theory at the point where he states that the mind is non-extended. The mind is assuredly capable of thought, as Descartes states, and has intangible elements in the form of memories and personality characteristics; however, I believe that the mind is an extended entity because physical matter is required for these elements to exist. In my opinion, this means that the only logical conclusion is that the brain is the physical extensi... ... ceases to function. Descartes makes very interesting points on the differentiation of the mind and body in Meditation on First Philosophy. His position on the body being a strictly physical entity while the mind is not is a superb point of reasoning that can be applied on many different levels with many different results. Overall, I believe that there are some areas of Descartes’ position that could be modified or expanded upon given what has been learned about the brain through modern science. Nonetheless, given the knowledge available during his lifetime, I believe that Descartes is generally successful in proving his viewpoint to be the correct one. Works Cited [1] Descartes, Rene. Meditations on First Philosophy. 1641 [Translated by John Veitch (1901)] Meditation 6, http://www.classicallibrary.org/descartes/meditations/9.htm