E COMMERCE LAW Coursework Example | Topics and Well Written Essays - 2250 words

E COMMERCE LAW - Coursework Example Pp. 194) Section 5 of the English Civil Evidence Act of 1995 stipulates instances when electronic evidence is admissible. It states â€Å"in a civil suit, a statement, which is obtained from a document generated by a computer, shall be considered as evidence of any facts contained therein of which direct oral evidence would carry much weight, if it was shown that some conditions are met in relation to the statement and computer under consideration†. Subsection 2 gives the conditions that are to be satisfied (Friedman, 2005. Pp. 63). One of the conditions to be satisfied is that the document having the statement has had to be produced during times over which the computer was used to store the information for the purposes of the tasks that are frequently carried on over that time by an individual or a corporate body. Another condition is that, over time, there was regular supply to the computer, information that is similar of the kind found in the statement or of the type from which the content is derived. Additionally, and throughout the material time, the computer must have been in proper operation, or if not, that its in-operation at the time was incapable of affecting the production of the article or the accuracy of what is contained in the document. The last condition stipulates that the information that is contained in the statement is derived from the data supplied to the pc in the ordinary cause of those activities (Hedley, 2006. Pp. 22). The best evidence rule provides that he who wants to produce evidence in a court of law must Endeavour to give the court the original evidence or the best evidence to assist the court to come up with the best legal conclusion. In Garton vs. Hunter (1969) and Springsteen vs. Masquerade Music Limited (2001) EWCA Civil case number 563, both Lord Denning and Parker LJ agree that the best evidence rule of admissibility has been overtaken by time. Parker LJ in his judgment points out that the

Case study #1 HRD #394 Example | Topics and Well Written Essays - 500 words

#1 HRD #394 - Case Study Example tance of repairing the machines and also improve the conditions and the equipments that would help reduce the cases of accidents and injuries in the work. The programs of behavioral based safety focus the employees as the main cause of accidents and injuries at workplaces. In this, many employees blame their employees for most of the accidents at workplaces, in most cases; however, behavioral based safety targets improving the safety behaviors in the workplaces by the use of employee involvement. It involves identifying the employees practices and behaviors that would help in reducing the risk of injury. Management accountability and engineering control both affect safety issues at workplaces, managers should understand that the safety of their employees also fails in their hands. They should understand that they have the responsibility to provide a safe and healthy workplace for their employees. Management should also ensure that the organization has adequate resources focused towards ensuring that the organization meets the safety and health implementation strategies and objectives. With this in mind then the management is accountable to all its employees in regard to health and safety. Engineering control also affects safety issues at the workplace; regular fixing of the engineering systems in an organization reduces the incidences of accidents and injuries at the workplaces. This fixing of the engineering systems helps improve the hazardous conditions and equipments that help eliminate the potential causes of accidents. This paper concurs with the critics of behavior based safety, the critics of the BBS state that the employees are not always responsible for the accidents and injuries as the advocates put it. Injuries and accidents in the workplaces mainly rise from the unsafe conditions with bad designs, the failure of the organizations to provide the safeguards required and the failure of the organizations to take the best preventive measures. This proves