WEEK 5-Facebook Photos cause woman to lose medical leave benefits

Facebook photos cause woman to lose medical leave benefits

Recently,I came across this news and I would like to share with you guys about this article.It is kinda interesting article.

Its regarding about a women who is Nathalie Blanchard, a 29 year old from Quebec for a year and a half had taken medical leave for depression from her job. Everything seemed okay until she suddenly found herself without benefits in late 2009. Manulife, her employer’s insurance company, notified Blanchard that her monthly medical leave benefits were coming to an end, “because of Facebook.”

Why do you think her medical leave benefit came to an end?Any idea?

It is because it was explained by Manulife that several images had been discovered on Blanchard’s Facebook account and that they clearly showed the woman not being depressed. Specifically they had mentioned pictures of Blanchard having a good time at the beach, at her birthday party, and at a Chippendales bar. Because of this, the insurance company was declaring she was no longer suffering from depression and no longer needed medical leave benefits.

For more info log into

http://www.geek.com/articles/news/facebook-photos-cause-woman-to-lose-medical-leave-benefits-20091123/


Lets ponder,if you are under depression how can u be enjoying yourself by going party with your frens and chill out with your frens?If you can go party with ur frens ,why not you cant go for your work?Doesn't it make sense?In my opinion,usually depression doesnt last long for a long time period and it might change when the day passes by.Maybe,she was under depression during that period when she applying for medical leave and it doesnt mean that her condition is still same in the current situation.

What’s even more curious, however, is that Blanchard claims that her Facebook account was secure so only confirmed friends could view images. So how Manulife acquired them is a mystery in itself. Is there a way around Facebook’s security feature or perhaps one of Nathalie’s Facebook friends turned her images over to the insurance company?

What caught my attention was her facebook account only can be viewed by limited number of friends and how come Manulife can get to know all about her details?

What I think was When you "lock" your profile, essentially you're not allowing anyone to see your content but your friends. What people don't understand is that each album you post has its OWN set of permissions, and by default, those permissions are set to allow anyone to see your photos. How does that affect me if my profile is already locked, you ask?

Actually,let say you upload ur photo with ur boyfriend and your fren,Jill commented of your photo and definetely,it will appear on his profile and whoever under his friends list can view the comments and same goes to the next person who commented.
So,this is another way maybe they find out about Nathalie's outing.World is too small,nowdays it is easy to get information..It is accessible and easy..

The only solution is you have to be carefull when you guys uploading the photos.IF you use Facebook, protect yourself:
1. Disable searches for your profile. You can be searched through Facebook AND regular search engines if you have the option checked. Uncheck it.
2. Don't make your profile photo or FRIENDS LIST public.
3. Don't join regional networks.
4. Check permissions for EVERY ALBUM and lock it down.

Or, 5: Get off Facebook.

Another issue was,Manulife should have taken what they saw on Facebook simply as steps towards her recovering, and at most requested a new assessment report from her Psychologist, prior to making any claim adjusting decisions.

Last but not least,"BE AWARE WHEN POSTING IN FACEBOOK"

WEEK 4-E-Commerce Act 2006

Source:ecommerce-malaysia.blogspot.com(this article posted by a student from UKM,Law Faculty)

Due to the rapid growth of electronic commerce in recent times, there has been a surge in the usage of the internet for business transactions. Commercial transactions such as banking transactions and the purchase of goods and services are now frequently performed over the internet and other computer networks. Furthermore, communication via e-mail is now commonplace in the commercial world.

In the line with this development, the Electronic Commerce Act 2006 (“the Act”) was enacted and came into force on 19th October 2006. There are three main objectives regarding the enactment of this Act which is to reaffirm the validity and legal effect of transactions by electronic means, to remove legal obstacles to e-commerce and to provide certainty in electronic communication. (An Overview on Electronic Commerce Act 2006, Aruna Kumaran, Senior Assistant Secretary Policy and Planning Division Ministry of Domestic Trade and Consumer Affair)

The scope of the Act also covers electronic commercial transactions carried out by the Federal and State Governments. However, the Act does not apply to certain transactions or documents, namely (1)power of attorney, (2)creation of wills and codicils, (3) creation of trusts, and (4)negotiable instruments.

Furthermore, the Act also contains provisions setting out how to determine the ‘who, what, where and when’ of an electronic message. Or in other words, this Act is mainly about procedures in operating the online transactions or e-commerce.

Who?

An electronic message is deemed to be sent by the originator of the message if it is sent by a person who has the authority to act on behalf of the originator in respect of that message or if the message is sent by an information processing system programmed by, or on behalf of the originator to operate automatically.The notion that one has to physically put pen to paper to sign a contract is now a thing of the past.

A person who receives an electronic message is entitled to regard the message as being that of the originator except in instances where he has received notice from the originator that the message was not sent by him or the addressee knew or should have known that the message was not sent by the originator had he exercised reasonable care.

What?

What exactly did the originator of the message intend to send? Under the Act, there is a presumption that the electronic message is what the originator intended to send, and the addressee can act on that presumption unless the originator can show that the addressee knew or should have known that the electronic message received was an error. Therefore parties to a commercial transaction have to take precautions to ensure that any messages to be sent contains accurate information and are indeed intended for the recipient.

Where?

How does one determine the location of dispatch and receipt of electronic messages? The Act deems an electronic message to be sent from the originator’s place of business and received at the addressee’s place of business. If there is more than one place of business, it will be considered sent from the place of business that has the closest relationship with the transaction or in the absence of that, from the principal place of business. In circumstances where the originator or addressee has no place of business, it will be deemed sent or received, as the case may be, at the originator’s or addressee’s ordinary place of residence.

When?

With regards to the issue of time of dispatch, an electronic message is deemed by the Act to be sent when it enters an information processing system outside the control of the originator. Therefore it would appear that the time of dispatch will be when a person clicks the ‘Send’ button when e-mailing or the ‘Buy/Purchase’ button on an online store.

An electronic message is deemed to be received when the message enters the designated information system (where there is a designated system), for instance, when a message enters the inbox folder of an e-mail account, or where there is no designated system, when the addressee comes to know about the message.

Where the parties agree or the originator requests that receipt of the electronic message is acknowledged, that message will be treated as though it has never been sent until the acknowledgment is received. If the method of acknowledgment has not been agreed by the parties, any acknowledgment (automated or otherwise) or any conduct of the addressee which is enough to communicate receipt, will suffice as acknowledgment.

Furthermore, the Act is a step forward in the regulation of contracts effected by electronic means. It lays down the legal principles that apply to the formation of such contracts as according to Section 7 of this Act, it provides that:

7. (1) In the formation of a contract, the communication of
proposals, acceptance of proposals, and revocation of proposals and acceptances or any related communication may be expressed by an electronic message.

The Act also lays down the requirements that have to be satisfied to establish the terms of these contracts, thereby enabling parties to put in place infrastructure that is capable of fulfilling these requirements.

In addition, the enforcement of the Consumer Protection (Amendment) Act 2007 on 15 August 2007 enables consumers who acquire goods or services through electronic means to file claims in the Tribunal for Consumer Claims under the Consumer Protection Act 1999. This will reduce the costs and expedite the disposal of litigation that arises from such transactions.

In conclusion, the act of Government in enacting this Electronic Commerce Act 2006 gives advantages to the consumers especially to those who actively conducting business transactions through the Internet.

WEEK 4-What Makes A Contract Legally Binding?

Hi guys,i just came across of this article written by Chris Blank.So,I would like to share with you guys regarding his article.

Basically,in his article he said that the necessary elements should be included in the agreement so that it is valid and legally binding contract.

Such as:

The Offer
1. An offer is a legal term for the goods or services that are being made available. A potential employer may make a job offer to a promising candidate. In real estate, the asking price for a house represents an offer also. Each contract must contain an offer to be considered legally binding.

Acceptance or Rejection
2. Once the offer is made, the other party or parties may accept the offer or reject it. If the offer is accepted, then the parties can go on to finalize the agreement. If the offer is rejected, the rejecting party may make a counteroffer, or an offer that alters one or more terms of the original offer. One example of a counteroffer is when a buyer proposes a lower price or requests a better interest rate for a house he is otherwise interested in buying. If the counteroffer is accepted, then the contract can go forward.

Mutual Consideration
3. When an agreement has been made, this means that both parties have consented on the fundamental terms of a contract. In the case of a job offer, the potential employee accepts the offer made by a potential employer and offers her services in exchange for the paycheck, benefits and other terms of the offer of employment. There must be mutual consideration for a contract to be considered legally binding.

Performance or Delivery
4. The performance or delivery is the execution of the terms of the contract. For instance, with the purchase of a house, the buyer delivers the down payment and mortgage agreement, while the seller delivers the house (by turning over the keys). Another example is a book contract, where the author delivers a finished manuscript to the publisher in exchange for an advance and royalties.

Unilateral vs. Bilateral Contracts
5. Most contracts are bilateral, in that each party is actively involved in the negotiation of the terms of the contract. However, in a unilateral contract, the offer is made, and the buyer (or person accepting the contract) accepts the terms of the contract as is. One example of a unilateral contract would be if a sign were posted in a baseball field, offering a cash prize to any batter who hit the sign with a home run. The execution of the contract would come with the home run and the payment of the cash prize.

Expert Insight
6. Although most contracts are written, oral contracts are also valid and legally binding, except when they fall under the Statute of Frauds. The Statute of Frauds dictates the terms of contracts that must be in writing to be legally binding, usually contracts for large amounts of consideration (or money) or long-term contracts.

Illegal contracts (contracts for illegal acts or substances), or contracts made in violation of public policy or contracts, are never legally binding.

Contracts that are not negotiated in good faith (for instance, fraud) or contracts made under duress (or force) or undue influence (unfair manipulation) are also not considered legally binding.

WEEK 3-Ancient Rome Legal System

Lets,now have a look of Ancient Rome Legal System during those days.
Roman Punishment - Punishments given to Roman Slaves-www.google.com
In Ancient Rome the slaves had no rights at all. The were thought of, treated like, merchandise. When slaves were beaten, they were suspended with a weight tied to their feet, that they might not move them. Another punishment was to be branded in the forehead. An alternative punishment included the slave being forced to carry a piece of wood round their necks wherever they went. This was called furca.

Roman Punishment - Forgery
Forgery was not punished with death, unless the culprit was a slave; but freemen guilty of that crime were subject to banishment, exposed them to an interdiction from fire and water, or in fact an excommunication from society, which necessarily drove them into banishment.

WEEK 3-Ancient India Legal System

Hi guys,my grandma was from India.I heard ample of stories regarding about the ancient legal system those days in India.So,lets me share with you guys some of it.During those time,the Indian couples in India prefer baby boys rather than baby girls because they feel that baby girl is burden for them and they have to bear so much of expenses for her wedding,when she turn from kid to teenage girl,pregnancy and etc.According to Indian legal system those days,girls should bring some jewellery and valuable things to her husband's house.It is a pride for the girl's family and because of the expenditures,they feel that baby girl's are burden.U guys will be shock what they will do if the baby girl's was born in family.Thy will kill the baby girl with Indian herbals medicine after few hours the baby was born..Don't you guys think this is cruel and I believe now days everything has changed.Women are powerful person and they are well-positioned in the society.So,its a great achievement for women now days.

WEEK 2-Government urge public to buy Malaysian Products

Buying Malaysian products is the best campaign to approach Malaysians. Quality and variety of products must be proven of 100 per cent class before the public mentality can be changed. The Government is really looking for public support on such campaign, but one thing that we are not happy with is that some high ranking government officers and leaders such as politicians and ministers are saying one thing but doing other things.As you guys observe - at any opening ceremony about the launching of Malaysian goods campaign, how come most guests drive in "Mercedes Benz, Toyota, BMW" or other imported cars? Some of them even wear imported shoes, shirts, etc. Is Proton car not a Malaysian product? They are supposed to be the leaders and mentors of this campaign. But sad to say their approach is already wrong. At one end, they keep telling the public to buy Malaysian products, by informing them about the product quality and variety. On the other end, what they have shown to public is that they do thing differently.

How can we be confidence of Malaysian product itself because the leaders themselves are driving imported cars.This is a issue that each of the Malaysian citizen should ponder.When the leaders show the citizen a good example,i would say that is the time the campaign can be remark as a successful ones.It is no point to urge the Malaysian to buy Malaysia products when the leaders are not keen to show a good example.The leaders should change their mentality first,and practise it and then should implement it to the public.As a Malaysian, I am also really concerned about the people's feelings because "Seeing is Believing".

WEEK 2-Can 1 Malaysia Concept Can Be Practised?

1MALAYSIA Foundation is deeply concerned with the latest controversy over the relocation of a more than 100-year-old Hindu temple in Shah Alam at a time when our multi-racial nation is celebrating its 52nd year of independence.
The incident was about a group of residents of Section 23 protesting against the relocation of the temple in Section 19 to their neighbourhood.
Holding a protest may be the right of the residents but what are extremely concerned about is the manner in which the protest was carried out.
Displaying a slaughtered cow’s head and parading it in front of the Selangor State Secretariat building is totally uncalled for. It is an act of gross insensitivity to Hindus.

In my opinion, the politicians are the ones who should shoulder the responsibilities and should be accountable. It seems that they are fighting for their so-called own rights. This excuse is being said conveniently so many times by any politician, as if that without saying it, they will lose the voters' support and confidence.

Some leaders either at the Barisan Nasional (BN) or Parti Rakyat (PR) component parties are just plainly playing to the gallery. So, how can 1Malaysia concept be put into practice? How can 1Malaysia be a way of life for all Malaysians if the politicians are not leading by examples? The politicians must be the example practitioners of 1Malaysia . The politicians must have the qualities and values such as understanding, tolerance, far-sightedness and responsibility. The most important of all is that leaders should be mature and courageous to accept the fact that Malaysia is a multi-racial, multi-religious and multi-cultural country. In short, everybody has a stake in determining the country's prosperity, stability and peace.
We as a Malaysian should respect each other's religion because we are multi-racial country.Why are people being so racist?What is the point of being so racist?This questions should be asked deep in heart of each individual.There wouldn't be any point of launching 1 Malaysia Concept if it does not practise.Religion matters is a sensitive issues and the politicians should handle it carefully.

Only with this thought embedded deep in the politicians' conscious and unconscious mind can 1Malaysia concept be practised. But the question is : Are they ready and be prepared to take this challenge?