Limitation Of Liability Clause Is Binding On Qantas Airlines

Questions: Whether Frank Is Bound By The Sale Of Dishwasher By Gemma To Frances? Whether Frank Is Bound By The Contract That Is Established By Bob On His Behalf With Angela? Answers: Introducation In Australia, in order to formulate a valid contract, there are few contract elements which must be comply with by the parties to the contract and is held in(Smith v Hughes , 1871). There must be presence of offer, the offer must be accepted, the offer and acceptance must be supported by consideration, the parties must be major and of sound mind and they must have legal intention to be bound by the contract. Once all the contract elements are furnished then there is a valid contract that can be formed amid the parties. (McKendrick Liu, 2015) When a valid contract is made, then, the parties are under obligation to fulfill the terms that are made part of the written and is held in (The Moorcock, 1889) . The contract terms can be segregated as express terms and implied terms. The express terms are those terms which are mutually decided by the parties and are expressly made part of the contract before the contract is incorporated. But, the implied terms are those terms which are not made part of the contract by the parties mutually, but, they are made part of the contract under the implication of custom, usage, trade, law, etc and is held in (Heimann v Commonwealth, 1938). (Sainsbury, 2003) The express terms can be further classified into two heads, that is conditions and warranties and this segregation depends upon how they affect the nature of the contract. A condition is a contract term which is so important in any contract that it forms the heart and soul of such contract and is held in (Poussard v. Spiers, 1876). If a condition in the contract is not comply with then the very essence of the contract lapses and the contract losses its sanctity. The aggrieved party has every right to cancel the contract and seek damages from the defaulting party. But, a warranty is the terms which are not the core to the contract but they are additional to the conditions, they are required for the functioning of the contract but they cannot be considered as the heart and soul of the contract and is held in (Bettini v. Gye, 1876). If a warranty is violated then the essence of the contract is not shattered and the aggrieved party can only sue the defaulting party for damages and the co ntract cannot be cancelled.(Latimer, 2012) Another important term which is normally found in any contract is an exclusion term. An exclusion clause is the clause that is made part of the contract by which the liability of one party is limited or excluded provided there is breach of a contract term by such defaulting party and is held in (LEstrange v Graucob, 1934). However, an exclusion clause is valid provided the same is made part of the contract mutually by the parties. If one party is relying on an exclusion clause without bringing the same within the knowledge of the other party then such clause has no validly in law. Reasonable efforts must be made by the relying party to bring the clause within the notion of the other party to make the clause valid and effective upon both the parties and is held in (Causer v. Browne, 1952).(Vermeesch Lindgren, 1971) Yes, Qantas Airlines can sue Airbus Corporation Ltd for breach of contract by providing 34 channels instead of 36 channels, however, the breach is not of a term which is a condition by nature but is a warranty by nature. As per the contract Airbus Corporation Ltd has to build a new aero plane and has to send it to Qantas Airlines Ltd. there were 545 terms in the contract which were mutually decided by the parties. One of the term to the contract (term 56) was that the plane must be able to travel 10 000 km at 800 km per hour. This is the very essential term to the contract as the speed for which the airplane is purchased plays a very important role and is the core to the contract. This term is the condition to the contract but this term is not violated by Airbus Corporation Ltd(Poussard v. Spiers, 1876). Also, as per Term 455, Airbus Corporation Ltd has to provide 36 channels of entertainment to passengers but in reality it provided 34 channels. Now, this term is not core to the contract for which the contract was actually made. Further, the defect was a temporary one as the software can be re-configured within a week. Thus, this term is a warranty (Bettini v. Gye, 1876). So, Qantas Airlines can sue Airbus Corporation Ltd for breach of a warranty and can seek damages from the company. The Limitation of Liability clause is not binding on Qantas Airlines. The clause was incorporated after the contract was signed by the parties. Airbus has included the clause unilaterally without bringing the same within the knowledge of Qantas Airlines. As per (Causer v. Browne, 1952), it is necessary that reasonable efforts must be made by Airbus to bring the clause within the knowledge of Qantas Airlines in order to make the clause effective. However, no such efforts were made by Airbus. Thus, the cap of $ 300 000 is not valid and Qantas can sue Airbus for the loss of profits, that is $800 000profit per day for one week, so, $ 5600000. Thus, Qantas Airlines can sue Airbus Corporation Ltd for breach of a warranty and can seek damages from the company. But, the liability clause is not valid and Qantas Airlines can sue Airbus Corporation Ltd for damages which may extent above $ 300 000 When any person employs another person then it is the duty of the employed person to act as per the directions of his employer. The employer and employee works on the principle of agency wherein the employee is the agent of the employer and he acts as per the wishes and wills of the employer. The agent when undertake any tasks on behalf of the principal ,then, his acts and omissions will only bind the principal provided the same are carried out within the authority that is gained by him trough the principal. In law, the authorities that can be possessed by an agent can be divided into three categories, that is, an actual authority which can be express or implied and an apparent authority or ostensible authority.(Pont, 2008) An actual authority is the authority that is delegated by the principal to his agent expressly or impliedly. An express actual authority is an authority which is delegated by the principal to his agent under express terms either orally or in written form. There is some of expression that is asserted by the principal which establishes that the agent does possess some kind of authority from his principal (Watteau v Fenwick, 1893). An implied actual authority is an authority which is possessed by an agent from his principal impliedly, that is by conduct. There is some kind of implication which demonstrates that the agent possesses authority from the principal and it is obligatory that the agent must act within the authority so delegated upon him. An apparent authority is also called as an ostensible authority according to which an agent possess authority to carry out the tasks on behalf of his principal provided the power is delegated by the principal to an agent by doing some kind of overt act which made the third party to believe that the agent does have the requisite authority to bind the principal. There is no express or implied authority that is delegated by the principal but the authority is apparent (Freeman Lockyer v Buckhurst Park Properties, 1964). However, if the third party is aware that the agent does not possess any authority then any contract established by such an agent is non-binding in nature. But, if the third party is acting in good faith then the contract is binding upon the principal provided there is some overt act which is undertaken by the principal which depicts that the agent does posses some kind of authority to bind the principal.es and freezers. It is submitted that Gemma was appointed by Frank as a salesperson. One day, Gemma was visited by Tom who showed his interest to buy the dishwasher @ $350. However, Gemma is aware that his niece might need the dishwasher so he promises Frances that he will sell the dishwasher to her @ $ 300. In order to sell the dishwasher to Frances, Gemma misguides Frank that the dishwasher will never be dole @ $350. On hearing this Frank authorizes Gemma for the sale of dishwasher @ $ 300. It is submitted that Gemma was expressly authorized by Frank to sell the dishwasher @ $300 but this authority is gained by Gemma by making a misrepresentation to Frank. Under the express authority gained by Gemma, he sold the dishwasher to Frances @ $ 300. The contract that is made by Gemma with Frances on behalf of Frank is a valid contract and Frank is bound by the sale as the sole was concluded by Gemma within the authority that is delegated to him by Frank. So, the sale is binding but Frank can sue Gemma for the profit of $50(Bentley v Craven, 1853). Yes, Frank is bound by the contract that is established by Bob on his behalf with Angela. It is submitted that Frank has also appointed Bob for selling of large quantities of washing machines to commercial laundries. Bob is in negotiations with Angela who is aware that Bob is the agent of Frank for the sale if washing machines. Without any knowledge to Angela, Frank fired Bob as he usually later for work and many a times come drunk. The cessation of the employment of Bob is not within the knowledge of Angela nor is any overt act undertaken by Frank to let Angela aware that Bob is no longer associated with him. Thus, Frank by not making any kind of declaration that Bob is not associated with him for any kind of future dealing has resulting in debating a kind of ostensible authority and if Angela deals with Bob in good faith and without any knowledge of Bob termination, then, the contract that is undertaken by Bob with Angela is binding on Frank. Now, Bob sold 10 washing machines to Angela @ 1000 each. Angela is not aware of the termination of Bob and she made an electronic transfer. Bon took the money and disappears overseas with it. It is submitted that the act of Bob is carried out within the ostensible authority and the contract amid Bob and Angela is binding upon Frank. Conclusion It is submitted that the sale by Gemma of the dishwasher to Frances on behalf of Frank is a valid sale as the sale was undertaken by Gemma within his implied authority. Though Frank can later sue Gemma for breaching his duties as an agent, that is, to act with honesty and care and diligence and can claim the profit of $ 50 from Gemma. Also, the contract that is made amid Bob and Angela is binding upon Frank as the contract is made by Bob within his ostensible authority provided Angela is not aware of the termination of the services of Bob. References Bentley v Craven (1853). Bettini v. Gye (1876). Causer v. Browne (1952). Freeman Lockyer v Buckhurst Park Properties (1964). Heimann v Commonwealth (1938). LEstrange v Graucob (1934). Latimer, P. (2012). Australian Business Law 2012. CCH Australia Limited. McKendrick, E., Liu, Q. (2015). Contract Law: Australian Edition. Palgrave Macmillan. Pont, G. (2008). Law of Agency. LexisNexis Butterworths. Poussard v. Spiers (1876). Sainsbury, M. (2003). Moral Rights and Their Application in Australia. Federation Press. Smith v Hughes (1871). The Moorcock (1889). Vermeesch, Lindgren. (1971). Business law of Australia. Butterworths. Watteau v Fenwick (1893).

The New Fuss About Easy Topics to Write an Informative Essay on

The New Fuss About Easy Topics to Write an Informative Essay on How to Get Started with Easy Topics to Write an Informative Essay on? Informative essays revolve around the information linked to the subject issue. Many absolutely free examples of various academic papers on various topics are available on the internet, and we suggest to get a look at one of the many top samples. Address the key issues at the start when you start the topic, make sure that the introduction doesn't have argumentative sentences. Very good topics for speech on sociological questions may lead to positive outcome and self-education. If you search for secrets how to compose an informative essay, make an opportunity to supply professionally summarized information at the start of your article. Since you may see, the power of informative speech depends upon the subject usually. Before you introduce the topic for your informative essay, you wish to make certain that your audience understands why they wish to know the information which you are about to present. There are a lot of topics readily available today which form an amazing foundation for the upcoming informative essay. Easy Topics to Write an Informative Essay on - the Conspiracy If you would like to learn to compose an informative essay, it is necessary to talk about the entire process step-by-step to allow it to be clear. Test essay questions will be dependent on the topic, needless to say. Following are a few of the suggested sociology essay topic for those students that are unable to choose a great topic for their assignment. In the ACT test, you'll have the choice of whether to take the Writing test. Within your introductory paragraph, an informative essay should incorporate a straightforward and easily understood thesis statement in order for your audience has a very clear focus when reading the remaining part of the essay. It is considered one of the most effortful assignments that a student can receive. The most suitable essay topics help you receive a rough feel of the real essays. A great topic for the informative essay is one which isn't too broad and is not overly narrow. A superb tip for how to compose an informative essay is to examine a topic that's simple to understand but has a couple of unexplained elements. In the event the topic isn't assigned, you'll need to select your own topic. It should also be interesting. You ought to begin by presenting the topic with a couple of sentences. Easy Topics to Write an Informative Essay on Secrets A deductive essay is a significant factor when evaluating the degree of students' knowledge in many courses. Whether for c lass assignments or as part of the college application procedure, deciding on the proper essay topics is essential for your grades or selection. Drafting a paper worthy of submission requires a lot of work. Using good informational essay topics can have an impact on how good a grade you get. Students who find it tough to compose an informative essay after reviewing examples and suggestions from experts don't have to panic. If at all possible, have somebody else read your essay and extend their tips for improvement. If you are a newcomer to writing informative essays or simply struggle when it has to do with thinking of informative essay topics, then there's an excellent chance you might be searching for some help. Informative essay writing is an art that each and every student should master. Reading your essay out loud can help you notice areas wherever your writing could possibly be unclear or awkwardly worded. Writing a thesis statement can be among the most important, yet most troublesome elements of your entire paper. Students may write informational essays several ways. Essay topics can alter in several perspectives. Essays are available on a range of topics. To begin with, you should comprehend what distinguishes informative essays from some other varieties of academic papers. You're able to arrange your essays on the net and get work that's proficient, correctly sorted out and totally free of unoriginality. The Little-Known Secrets to Easy Topics to Write an Informative Essay on The conclusion should tie the many topics and subtopics together in a means which makes sense and leaves the reader feeling informed and met with the information they've received. In truth, it's quite simple to conserve a life and it takes just a tiny bit of your time. You should have the ability to thoroughly cover the subject in the quantity of time you're given. If you decide on an interesting and compelling topic, it is going to stick out from the rest and become noticed. It isn't likely that you're likely to read far into an informative essay with an unclear purpose since you don't know if the info is very valuable in your circumstance. An exceptional title will capture the interest of the reader and enhance your probability of obtaining a high score. Your subject of choice dictates the period of your body section. Sometimes picking a topic may take a couple of days.

Essay Topics Of Daisy From the Great Gatsby

Essay Topics Of Daisy From the Great GatsbyThe essay topics of Daisy Fortunes, from the great Gatsby, have an air of mystery about them, something I've always liked about this book. I found myself drawn to this character, as I enjoyed the story of the great Gatsby, and I enjoyed the characters around him too.I think one of the things that draws me to Daisy is her very simple story of starting as a minor character, but becoming a major character in the story of a wealthy aristocrat who happens to be a man with many passions. But it was never just 'me' being involved in this story; it was more like I had the opportunity to play a small part, not unlike the way that I felt when I read these stories.It's true that many times in life, the very first stories that we tell ourselves are the ones that have the most impact on our person's life, as they come with memories and experiences from the first year of our lives. It's really no wonder that we relate to the ideas in the essays in this bo ok so much more than we do the easy material that is common in college essays.One of the first essays that I remember reading when I was in high school was about Daisy's first kiss. We were asked to write a description of that first kiss, and then were asked to write one of the reasons we loved her for what she was. And that is how I relate to these essays; it is true that we have often heard of the superficiality of college essays, but there is something about this book, and its themes, that we all relate to deeply.Now, I am a female, and I had met my boyfriend of ten years before this book came out, and while he was not the kind of guy that was overly-serious about his career, he was someone who was serious about his love life. So this book came at a perfect time for me, and I readit with a lot of trepidation, but boy did I enjoy it!One of the best essay topics of Daisy is how the beautiful speeches she made to her own father at the last moment, and her speech about how she loves the ex-husband who she does not even remember, but wants to come back, gave me the most joy. I am also touched by her story about the first time she ever kissed a man, and her tale about a bet that she won, and her admiration for those who win. In addition, I think the most amazing thing about this book, is how her love for Gatsby shines through.We can all relate to the topics in this book, whether we are a college student or a first time reader. We can see where Gatsby finds inspiration, and we can also see how the great, but oftentimes shallow college students have something to learn from her.If you are looking for essay topics that are a little deeper than your average assignment, I recommend you take a look at the essay topics of Daisy and Gatsby. They are both very poignant, and their themes are so important.

The Number One Article on The Reluctant Fundamentalist Essay Topics

The Number One Article on The Reluctant Fundamentalist Essay Topics With us, you'll receive high quality essays that are certain to bring you the very best outcomes. Reading example essays works the exact same way! Because we have this important information ingrained in us, you can make certain that your essay is going to be completed and delivered in time, with no delays. This isn't an instance of the work generated by our Essay Writing Service. Nevertheless, he receives an excellent review and a bonus because of his work. My occupation is to compose a book increasingly less badly with time. You can be certain that anytime you need our writing service, we'll be available to assist you process them. Changez returns to Lahore for a while later on. The Start of the Reluctant Fundamentalist Essay Topics There are several rich people who don't share (Alexie 26). It is the notion of racism that shape the frequent sense of people on how other folks should act on the planet. By applying the matter of race as the method of judging, people have a tendency to generate deep-rooted stereotypes among people. In this instance, such men and women miss to know the great thing about the community they live in. Personally, I wouldn't feel comfortable working for a business that destroys other's lives. Changez's life starts to unravel quickly. This family isn't poor, but isn't wealthy in comparison with the society it mixes with. Changez's family is comparatively liberal as everybody, including the women, work, in order to keep the high living standards that they're utilized to. The society must change from its fundamental beliefs even it is going to be at their very own expense. Inside my view, he wishes to stay informed about everyone and flourishing on the financial front is among his life's goals. Changez started to oppugn his individuality and responsibility in the us. To understand the idea of nostalgia and the way it's a theme in The Reluctant Fundamentalist'. Why Almost Everything You've Learned About the Reluctant Fundamentalist Essay Topics Is Wrong NO overall discussion of the notion is allowed! Another literary device utilized by Mohsin Hamid to create a feeling of confusion is using ambiguity through dramatic monologue. Consequently, Zits also understands he has a complicated identity. Overall, the issue of identity is essential for every one of these characters. He cannot even accept the risk that other individuals can face exactly the same misfortunes. In general, this sort of narrative voice is crucial as it implies that the important characters could be very subjective when evaluating the behavior of different people and their very own actions. In both situations, the characters understand that they're different from others. However, due to several external things, the key characters understand that the ability to empathize is essential for the happiness of a human being. This paper will analyze the theme of racism in The Reluctant Fundamentalist novel and the way that it impacts the characters. Overall the usage of monologue plays a pivotal part in the advancement of the novel. You'd be given legal memos on, for instance, the function of air conditioning in the lives of the chief characters. In this way, the audience has an interactive part in the story, permitting the reader to identify with the 2 parties and make judgements abou t the results of the narrative. Overall, Sherman Alexie has been in a position to demonstrate the transformation of the most important character and this is only one of his major achievements as a writer. Many Asian writers have tried to portray the genuine picture of the scene. however, it remains a good crisis should be resolved. This is the way the character behaves at the very start. Without it the life of a person is able to hardly be fulfilling. As soon as it is achievable, it is going to take a lot of dedication and sacrifice, and a lot of help too. If anything it may be described as an illustration of it. With time, this vision of the past can get idealised.

Sample Persuasive Essay

Sample Persuasive EssayA sample persuasive essay can be a very useful tool when it comes to learning English II. Many students find that the extra work that they will need to do is simply too much to handle. However, taking the time to write a persuasive essay and presenting a strong argument for your arguments can be one of the most rewarding things that you can do with your studies.A persuasive essay can be difficult to write but it can also be the most beneficial tool that you have when it comes to English II. After all, as you work through the different English courses that are available to you there are many different techniques that you will be exposed to. It will help to have an idea of what is involved in the process before you start writing. Writing a persuasive essay is much like writing any other essay in that it involves the use of words, sentences, and paragraphs.A persuasive essay will start with a brief introduction to the reader. This introduction can help to create a level of interest that will make it easier for the student to continue to follow along with the rest of the argument that you will be making. The introduction should be a positive one because it can help to create more interest in what is being written about.A persuasive essay can be quite long depending on the subject matter that is being written about. The length will vary based on the writer and the type of argument that is being made. If you feel that you need a lot of space to write about the topic you will want to choose a longer persuasive essay style.Once you are able to start writing a persuasive essay, you will need to use the various tools that are available to you to present the arguments that you are trying to make. These include both paragraphs and sentences. You will want to make sure that the sentences you are using are able to communicate the main points of the essay.Students who write persuasive essays are usually able to persuade the reader to think that they agr ee with the arguments that they are presenting. In order to be successful at this, you will need to be able to read the emotions of the reader. This can be difficult to do but the ability to read their minds will help you to write a persuasive essay successfully.There are many different types of persuasive essays that you can write based on your English II course requirements. The type of persuasive essay that you will be writing will depend on your audience and the purpose of the essay. Your student will be able to decide what type of persuasive essay they would like to read based on the format that they feel best suits them.When it comes to writing a persuasive essay on the most important part of the essay is your introduction. Using the sample persuasive essay that you will use can help you get started on your persuasive essay. Once you are able to get started writing your persuasive essay, you will be able to cover a variety of topics including state law, U.S. history, and gover nment regulations.

Teacher Qualification and Student Academic Achievement free essay sample

This study examines whether teacher qualifications are related to student academic achievement, specifically, we examine the relationship between fifth grade student achievement in mathematics and reading and various indicators of teacher qualifications such as teacher certification, teaching experience and teacher’s education level. This research design takes advantage of the National Childhood Longitudinal Study of Kindergarten Class of 1998-19999 (ECLS-K). The analysis indicates that elementary school certification promotes student achievement in both fifth grade mathematics and reading, while teacher’s teaching experience matters more for reading than mathematics. In terms of teacher education, we found no significant effects on increasing students’ test scores. However, our results indicate that students’ race, their parents’ education level, and their socioeconomic status have a larger effect on test scores than teachers’ education, experience, or the general state certification. It took me a long time before I found the right data for this research. Without the guidance of Dr. We will write a custom essay sample on Teacher Qualification and Student Academic Achievement or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page Liza Herzog, Senior Research Associate of the Philadelphia Education Fund, Dr Elizabeth Useem, a Senior Research Consultant at the Research for Action and Dr. Ruth Neild, a Research Scientist at Johns Hopkins University, this would not have been possible. I would like to add a special thanks to Professor Thomas Dee, Associate Professor of Economics and the Director of Public Policy Program at Swarthmore College, who suggested that I look at this particular data set (ECLS-K). I am extremely grateful for his advice, since this project would not have gotten this far without his help. I also thank my advisor Professor Saleha Jilani, who supervised the entirety of the project. Her patience and kindness with me over the months are deeply appreciated. Finally, I want to extend my gratitude to Professor Thomas Vartanian at Bryn Mawr Graduate School of Social Work for his inspiration to study the education inequality in the United States, and also my family and friends for their continuous encouragement during my semester of completing this project. The bill outlined President Bush’s public education reform agenda, proposing the most dramatic changes to the Elementary and Secondary Education Act, which has tried to raise the academic performance of all students, since its enactment in 1965. The No Child Left Behind Act (NCLB) includes significant new accountability measures for all public schools, such as closing the achievement gap between advantaged and disadvantaged students, achieving mathematics and reading proficiency for all students by the 2013-14 school year, providing a highly qualified teacher for every core academic subject, improving communication with arents and making all schools safer for students (Mantel 2005, Four Pillars 2004). To recruit and supply more â€Å"highly qualified teachers†, the law has increased federal funding for teacher training programs, such as the Troops to Teacher program that encourages military veterans to become teachers, the Transition to Teaching program that encourages experienced professional to become teachers, and Teach for America which recruits recent college graduates to teach in disadvantaged schools. Since teachers are arguably the most important education resource, recent interest in teacher labor markets stems in part from the recognition of the importance of teachers and the recognition of substantial differences across schools in the qualifications of teachers. A consistent finding in the research literature is that teachers are important for student learning and that there is great variation in effectiveness across teachers (Aaronson, Barrow and Sander, 2003; Rockoff, 2004; Rivkin, Hanushek and Kain, 2005, Kane, Rockoff and Staiger, 2006). Furthermore, many researchers believe that teacher quality is a key determinant of student achievement, and this has been explicitly acknowledged under the NCLB by requiring every elementary and secondary public school teacher be â€Å"highly qualified†. To be considered â€Å"highly qualified† under the NCLB rubrics, teachers need to have a bachelor degrees and state certification that has not been waived on a temporary or emergency basis. In addition, NCLB also requires these highly qualified teachers to be proficient in the subjects they teach, by having a college major or graduate degree in that particular subject, credits equivalent to a college major, passing a state-developed subject matter test, or having advanced certification. All these definitions of â€Å"high quality† and requirements of teachers reinforce the idea that as we raise standards for all students, we are placing even greater importance on the role of teachers. This research looks at academic gains among students during their elementary education and how their achievement is affected by the different teacher qualities, such as their teaching experience, their level of teaching certifications, their employment status, their education attainment (i. e. receipt of a master’s degree) etc, in addition to the effects of students’ schools and families impact their academic achievements. The two questions is explored in this paper are: * to what extent are fifth grade teacher qualifications associated with their students’ mathematics score? to what extent are fifth grade teacher qualifications associated with their students’ reading scores? This study is organized as follows. The next section provides a brief overview of the relevant literature on teacher quality. Then we discuss our econometric specifications and the ECLS-K data. The following section presents our results and the final section concludes with some discus sion of how these results relate to the prior literature and what they mean for current policies. II. PREVIOUS LITERATURE Kati Haycock, a teacher quality advocate, argues that there is clear evidence that demonstrate how â€Å"teachers have the single greatest effect on student learning† (Huang, Yi, Haycock 2002) since teachers spend a significant amount of time working directly with students. Highly dedicated and qualified teachers are needed to strengthen students’ learning experience and maximize their academic achievement. However, there are also a lot of different studies on teacher qualification that argues otherwise. The following literature review touches upon recent studies of teacher certification, teacher’s teaching experience, teacher’s education degree and assessments for teachers. No doubt, there is an acute need for teachers in high poverty schools in the United States, yet to improve the current programs, there are continuous heated debates on teacher assessments such as whether teacher certification improves students’ performance and whether teacher-intern programs such as Teach for America (TFA) where interns are allocated into poor performing schools and are asked to transform the classroom enhances students’ academic achievements. For TFA Corp members the criticisms tend to fall into two categories: first, is that most TFA teachers have not received traditional teacher training and therefore are not as prepared for the demands of the classroom as are traditionally trained teachers; and second, is that TFA requires only a short-term commitment, only two years of teaching and the majority of Corp members leave at the end of that commitment (Xu, Hannaway, and Taylor, 2007). This contributes to the vicious cycle of low teacher retention rate and enormous spending for training new teachers because the benefits of TFA’s teacher training are lost when TFA teachers leave. There are more than four studies done that included data on TFA and three of them are published in peer-reviewed journals. Looking at these four studies together, which will be discussed individually later, it shows that students of uncertified TFA teachers do significantly less well in both reading and mathematics than those who are new yet certified, and the negative effects in reading are most evident in elementary grades. On the other hand, when TFA teachers obtain training and certification, their students generally do as well as those of other teachers or sometimes better in mathematics. Furthermore, the problem with the retaining TFA teachers was also highlighted in the following studies. In Laczko-Kerr and Berliner’s (2002) study, they compared student achievement for 110 matched pairs of recently hired under-certified and certified elementary teachers from five low-income school districts in Arizona. These elementary teachers were paired up with students who took the mandated state achievement test, which is third grade and above, and were matched within schools and districts. Their study had two findings: first, it indicates students of TFA teachers did not perform significantly different from students of other under-certified teachers; and secondly, they found that students of certified teachers significantly out-performed students of teachers who were under-certified on all three subtests of the SAT-9 – reading, mathematics and language arts. Notably, the effect size favoring the students of certified teachers were substantial. Students of certified teachers outperformed students of under-certified teachers by about three months in reading on a grade equivalent scale, and about three months ahead in both mathematics and language arts. In addition, the study verified traditional programs of teacher preparation result in positive effects on academic achievement of low-income elementary school children. Therefore, concluding that policies allowing under-certified teachers to work with the most difficult to teach children appear harmful. Even though Laczko-Kerr and Berliner’s study did not control for prior year achievement at the individual student level, other studies that included this control also obtained similar findings such as the study by Darling-Hammond, Holtzman, Gatlin and Heilig (2005). They used data from Houston, Texas which has information on more than 132,000 students and 4,400 teachers in grades three to five over six years on six achievement tests: the Texas Assessment of Academic Skills (TAAS), SAT-9, and Aprenda (for Spanish-speaking students) in reading and mathematics. In this study, students’ prior year achievement and demographic characteristics, classroom and school characteristics, and teachers’ experience and degrees were all controlled for and they found that certified teachers consistently produced significantly stronger student achievement gains than uncertified teachers, including Teach for America teachers. These uncertified teachers had significant negative effects on student achievement for five of six tests, with the sixth test showing insignificant but negative effects. Among the five tests showing negative effect of having an uncertified teacher, the study established that uncertified TFA teachers had greater negative effects than other uncertified teachers, by hindering their students’ achievement by one-half month to three months annually compared to a fully certified teacher with the same experience working in similar school. While on a positive note, TFA teachers’ effectiveness improved once they gained certification. TFA teachers who stayed long enough to obtain standard certification did about as well as other similarly experienced certified teachers. In mathematics, TFA students did significantly better than those of other certified teachers on the TAAS test, with no difference in the SAT-9 test but still marginally worse on the Aprenda test. Even though TFA teachers appeared to improve when they became certified in their second or third year, few of them stayed in the district or even continue to teach to exercise their effective teaching. In the third study by Boyd, Grossman, Lankford, Loeb and Wyckoff (2006), they examined how the entry requirements changes the teacher workforce and affect student achievement by analyzing the effectiveness of 3,766 new teachers who entered teaching in grades 4-8 through different pathways in New York City. The study found that, compared to the students of new teachers who graduated from teacher education programs, students of new TFA recruits scored significantly lower in reading / language arts and about the same in mathematics (worse in grades 4-5 and better in grades 6-8). These results were similar to those of other teachers from non-traditional routes, including the New York Teaching Fellows, temporary license holders, and teachers from out-of-the-country. Like the Darling-Hammond et al. (2005) study in the Houston, TFA teachers’ effectiveness generally improved as they became more prepared and certified by the second year of teaching, the negative effects disappeared for elementary math. Unfortunately for reading, TFA teachers continued to exert a significant negative influence on their students’ reading scores. Just as the Houston study, most TFA teachers left after their second year and their retention rate by year three is as low as 27% and by year four only 15 %. This retention rate is about 25 percentage points lower than other non-traditional entrants and 13 percentage points less than college prepared teachers. Using the same database as Boyd and colleagues’ New York City study, Kane, Rockoff and Staiger (2006) compared entrants into New York City schools by different categories of initial pathway and certification status. Similar to the Boyd et al. tudy, this study found that, in math and reading, students of first year teachers from TFA, the NYC Teaching Fellows, and other uncertified teachers did worse than those of first year teachers who were regularly certified. As the authors sort the new teachers into different categories, they included teachers licensed through â€Å"transcript review† and temporary permits in the same group as college-prepared teachers, to mini mize the effect of teacher preparation. Once again, the study demonstrated a reduction or elimination of negative effects in math when teachers finished their training and certification and gained experience. However, in reading, the initially uncertified groups of teachers continued to have a negative effect for all three years (for Teaching Fellows and other uncertified teachers) and for two of the three years (for TFA). As the other studies have shown, TFA has an especially high attrition rate, by the fourth year, only about 10% of TFA recruits stayed in teaching, about 40% of other uncertified teachers remained, about 50% of NYC Teaching Fellows continued, and just below 60% of regular certified teachers kept onto the profession. There is a large number of studies on the relationship between student achievement and teachers’ characteristics, such as teacher experience, preparation, degrees earned, certification, and test scores and we touched upon a few of them in our previous section on teacher quality and qualification. Surprisingly, the majority of studies conclude that teacher education and experience not being strong predictors of teacher effectiveness, as measured by student gains. In the study of Chicago Public School teachers, Aaronson, Barrow, and Sander (2003) found that 90 percent of the variance in teacher effects on student learning was not explained by teacher characteristics, such as highest level of education, experience, credentials, and selectivity of the college that the teacher attended. In addition, there is an unexpected preponderance of evidence that suggests teachers who have completed graduate degrees are not significantly more effective at increasing student learning than those with no more than a bachelor’s degree. Five studies that Rice (2003) reviewed examined student achievement in a wide variety of grades and subject areas, and found that teachers having completed an advanced degree had no significant effect on student performance (Summers and Wolfe, 1977; Link and Ratledge, 1979; Murnane and Phillips, 1981; Harnisch, 1987; Monk, 1994). Clotfelter, Ladd, and Vigdor (2007a) have also found that on average, elementary teachers who had completed master’s degrees were no more or no less effective than others at raising student achievement, other than elementary teachers with master’s degrees. This group of elementary teachers appeared to be less effective, on average, than those without advanced degrees if they earned the degrees more than five years after they started teaching. In terms of the effectiveness of teacher assessment, Margolis (2006) examined the impact of high-stakes assessments, of both K-12 students and new teachers, on teacher development of equitable teaching practices. Through exploring two studies of field experiences in Washington State—one of teacher interns and one of cooperating teachers, Margolis reckons that new teachers were receiving little support in incorporating multiculturalism, cultural responsiveness, and transformative pedagogies into their teaching requirements and that state level policies in response to the No Child Left Behind Act may be decreasing teacher attention to closing the achievement gap. His analysis points out that, in order to hold teachers more accountable, policymakers may want to shift their focus from creating complex assessment guidelines that evaluate teachers’ qualification to develop better teacher-student relationships that promote pedagogical change. III. MODEL Two basic ordinary least squares (OLS) regressions are done to investigate the extent of teacher qualification influences fifth grade student’s grades in both mathematics and reading, controlling for student’s socioeconomic status and school characteristics.

Top Opportunities in the Online Retail Revolution

Top Opportunities in the Online Retail Revolution Working in the retail industry used to be pretty straightforward. Customers would shop in brick-and-mortar storefronts, helped by sales associates or customer service reps. Then, anything they couldn’t get in person was purchased from a printed catalog. Now, things have changed almost completely- virtually anything you need or want can be delivered right to your door, within a few days (or even hours) of making a purchase on your preferred device. You don’t even have to leave home if you don’t want to. We still have traditional stores, of course, but the economics and priorities behind retail have totally shifted. And if you’re looking at a career in the retail field, your options have changed as well. Being an in-store associate used to be the stepping stone to a retail career path, but now that companies like Amazon and Walmart have moved so many of their resources toward online sales and offsite fulfillment, your retail career might start in a more behi nd-the-scenes role, with an entirely different set of skills and opportunities.How the Retail Landscape is ChangingRight now, there are a few overarching trends that are changing how retail works- and therefore what a career in retail looks like as well.Online DominationAccording to Forbes, the retail industry is in a bit of a personality crisis right now. Companies are coming to an unavoidable point where they will either embrace the changes of the internet era or fall far behind. Online retailers like Amazon, along with traditional department stores like Kohl’s or Target, are building a more robust online shopping platform. These companies are at the forefront of these changes, emphasizing the ability to shop from anywhere. Stores and chains that are not adapting as quickly are at risk of falling behind in sales and growth.Companies like Walmart are also looking to beef up their online game by acquiring existing retailers that can provide the sales infrastructure and mercha ndising know-how to bring the parent companies into the next phase of retail.Traditional Stores ClosingThink about your local mall. Chances are, at least one of the big â€Å"anchor† stores has closed recently, or may be at risk of closing soon- chains like Macy’s, Sears, Kmart, and others have all recently announced that underperforming brick-and-mortar stores will be shuttered for streamlining.Embracing the TechIt’s impossible to underestimate how technology has changed the shopping experience- and therefore the strategies used by retailers. First came shopping via computers, then smartphones, then tablets, causing retailers to develop online retail plans and platforms to support these new ways of browsing and shopping. And now â€Å"virtual assistants† like Amazon’s Alexa and Google Home have made it so that consumers don’t even need to go online to browse- they can merely ask the virtual assistant to search and buy for them, based on pre -set account and payment settings. According to RetailDive, Amazon customers spent 10% more in the months after buying the Amazon Echo device, suggesting that more retailers will get in on the voice-activated shopping train.And it’s not just the usual devices you’d expect to do the shopping for you- smart appliances like LG’s â€Å"smart† refrigerator can tell you what you have inside, and what you might need to add to your shopping list. (No word on whether these fridges can judge us yet for those late-night pints of ice cream, or farmer’s market produce that goes untouched in favor of takeout containers.)Many stores are also using tech to enhance the in-store shopping experience, using location functions on smartphones and push notifications to alert shoppers to sales and promotions in-store.Summer Black Friday SalesIf you’ve ever been at a large chain store on Black Friday (or seen the endless news coverage of cringe-inducing behavior eve ry year), you know it can be a bloodsport, with people literally pushing each other out of the way to get big-ticket products at a discount. And while Black Friday may not be the best trend in terms of humanity, for retail it can be a major asset- it brings in customers and boosts sales during the critical holiday period.Online-only retailers like Amazon have started featuring similar sales around July, at a traditionally quiet retail period of the year, taking advantage of the idea that you don’t need to be present in a store to score a deal on a new TV. So while customers may be taking time away from the beach instead of the Thanksgiving table to shop, the idea is quickly catching on that a summer counterpart to Black Friday can help boost retail bottom lines during a traditionally dead time. As other retailers begin to incorporate these steep summer sales, it has the potential to change how retail stores and fulfillment centers are staffed, year-round.â€Å"Need It Nowâ⠂¬  ShippingIf you’ve seen your mailman making the rounds on previously unheard-of Sundays, dropping Amazon-logo-stamped boxes on doorsteps, then you’ve seen how the increased demand for fast shipping has begun to take hold in the retail industry. Amazon Prime was one of the pioneers in this field, and other major retailers have followed suit, offering insta-shipping as part of their online shopping experience. Accommodating these shipping needs means having strategically located warehouses and fulfillment centers around the country, so products have a shorter way to go when customers want that video game in less than two days’ time.Retail Warehouse JobsSo what do these trends changes mean for a career in retail? For starters, it means that your starting point may not be working on a sales floor, handling direct transactions. Many of the best retail opportunities will be coming from warehouses and fulfillment centers, as retailers try to find the sweet spot bet ween retail and logistics to meet customer needs.Let’s look at some of the entry-level jobs and career paths that are growing due to the new retail economy. We’ve included some sample links for each that you can use as a starting point for your own search.Sorting AssociateSorting associates are responsible for (as you might have guessed) sorting outgoing packages by size, shape, destination, or other criteria. They’re responsible for making sure that shipments are organized and packed efficiently- kind of like box Tetris.Skills needed: Attention to detail, ability to lift heavy packages, customer service focus, physical stamina, flexible work schedulePantry AssociateAs online grocery delivery companies like Fresh Direct and Amazon Fresh expand and make quality and speed essential for shipping food products, pantry associates are responsible for sorting and packing shipments of groceries to make sure everything goes out quickly and as fresh as possible.Skills nee ded: Attention to detail, ability to lift heavy packages, customer service focus, physical stamina, flexible work scheduleWarehouse/Fulfillment AssociateAs more and more importance is placed on online shopping and order fulfillment, warehouse staff are essential. Warehouse associates are responsible for loading and unloading shipments, as well as tracking, scanning, and monitoring shipments. These associates may also operate heavy equipment to move products and shipments.Skills needed: Attention to detail, ability to lift heavy packages, customer service focus, physical stamina, flexible work scheduleSeasonal Fulfillment AssociatesRetail has its busy seasons and its not-so-busy seasons. During the busiest parts of the year, like back-to-school and the winter holidays, almost every retailer needs as many hands on deck as they can find. If you’re looking for seasonal employment in a warehouse, this is a flexible option for you that can build experience or help you fill a gap be tween jobs. Seasonal warehouse and fulfillment associates perform the same tasks as full-time warehouse associates, but during a set period of time (for example, November through December).Skills needed: Attention to detail, ability to lift heavy packages, customer service focus, physical stamina, flexible work scheduleOperations AssociateOnce orders are collected, assembled, and readied for shipping, operations professionals take over to make sure that everything goes where it’s supposed to go, and when it’s supposed to go out. The job may involve analyzing the best way to ship merchandise (shipping routes, timelines, costs, etc.) as well as coordinating with fulfillment and logistics teams to ensure smooth delivery and a good customer experience.Skills needed: Attention to detail, great organization, data analysis, project management, customer service focus, ability to work as part of a team with many moving partsBenefits of a Warehouse CareerThese warehouse and ship ping jobs typically don’t require a college degree to get started, and usually include on-the-job training once you’re in the door. They’re also geographically flexible: because retailers are setting up satellite warehouses and fulfillment centers around the country to make shipping faster and cheaper, you won’t necessarily need to concentrate your job search in a limited number of â€Å"hubs.†As retail itself continues to evolve, so to do the opportunities to work in the field. And no matter how people are shopping these days (or how they’ll shop five years from now), companies will always need qualified professionals behind the scenes to make sure customers get what they want, and that they keep coming back. If you have a passion for logistics and customer service, the fulfillment path can be a great option for your retail career.