THE APPLICATION OF THE PLAIN AND UNDERSTANDABLE LANGUAGE REQUIREMENT IN TERMS OF THE CONSUMER PROTECTION ACT – CAN WE LEARN FROM PAST PRECEDENT?

In many instances consumers enter into contracts when buying goods or services. These contracts are extremely important as they contain the terms under which the contract is concluded. The terms may also be contained on the reverse side of a receipt or, on occasion, in a separate document which is given to them either when they conclude the contract or at a later stage. In addition to written contracts which contain terms and notices placed at business premises warning consumers of various hazards or consequences also bind consumers. However, consumers will seldom read the contractual documents that they sign and notices are also often ignored. A variety of reasons for this can be put forward; amongst others, consumers are commonly more interested in obtaining the goods rather than the consequences of the purchase. They may feel that they trust the business that they are dealing with to deal honestly, or they may simply believe that they will not be able to understand the terms and conditions, so they do not bother to read them. Van den Bergh (Readable Consumer Contracts (1985) 1) proposes that one of the reasons for the latter may be that the terms or notices are written in a manner which is unattractive and unintelligible to consumers. A possible solution to this is to try and ensure that all written material is in a format and style which is easy to read and in a language which is easy for the consumer to understand. This is the objective of plain and understandable language requirements in legislation.

Correlations Between IELTS and TOEIC Scores

This study investigated correlations between scores on the International English Language Testing System (IELTS) test and the Test of English for International Communication (TOEIC) in an attempt to determine the practicality of substituting TOEIC scores for IELTS scores as a language requirement for English-medium universities. Eighty-four university students took part in the study, and their IELTS and TOEIC scores were analyzed. Significant correlations were found between scores for the same skill on the two tests (r between .50 and .69). When different skill scores were added together, the correlations between the combined scores were even higher (r between .77 and .81). In light of these results, I argue for using the TOEIC as a proxy for the IELTS test. 本研究では、英語で授業が行われる大学への入学条件として、Test of English for International Communication（TOEIC）の得点をInternational English Language Testing System （IELTS）の得点で代替することの実用性を探るため、IELTSとTOEICの得点間の相関を調べた。84名の大学生が本研究に参加し、彼らのIELTSとTOEICの得点を分析した。両テストの同じ技能スコア間には有意な相関があった（相関係数.50～.69）。異なる技能スコアが加算されると、合計得点間の相関は更に高かった（相関係数.77～.81）。これらの結果に基づき、TOEICをIELTSの代替として使うことに関して賛成の立場から論ずる。

QUESTIONING EAP: A CRITIQUE OF THE ENGLISH FOR ACADEMIC PURPOSES COURSES AT UNIVERSITY

Pre-sessional English for Academic Purposes (EAP) courses are meant to prepare international students for their undergraduate and postgraduate programmes in an English-speaking academic environment. Prospective university candidates for whom English is not the first language are required to complete a pre-sessional EAP course if their IELTS score is lower than the admissions requirements. Even though, in terms of the language requirement, the lack of language proficiency is the only reason preventing international students from entering their degree programmes directly, the course they are required to take is an EAP course rather than a General English one, hence, not directly addressing their lack of general language proficiency. In this essay I question the need to impose such a course on international students: is EAP in its current shape necessary for their success at university or is it merely a product of neoliberalism in higher education?

Supplementary Mineral Resources and Mineral Reserves Reports: Readability and textual choice

SYNOPSIS Investing in a mining venture can be risky and stakeholders need transparent, unbiased reports to understand the Mineral Resources and Mineral Reserves a mining company holds. Readability and textual choice can be used consciously to manipulate perceptions, or it can be done unconsciously. This exploratory study investigates the readability and textual choice of supplementary Mineral Resources and Mineral Reserves Reports of companies listed on the Johannesburg Stock Exchange. The results indicate that narrative manipulation occurs in these reports through word choices that make the reports difficult to read, as well as specific narrative selections. This reduces the informational value of the reports. The results of the study will be useful to various stakeholders, such as mining company management, investors, investment specialists, financial analysts, and even employees and the general community, who all use these reports to make important decisions. It is also useful for the preparers of the Mineral Resources and Mineral Reserves Reports, Competent Persons, and other technical specialists to be aware of readability and that certain textual choices can affect the interpretation of these reports. It is recommended that bodies such as the JSE and the SAMREC and SAMVAL Code committees consider adding a plain language requirement to regulations, guidelines, and codes to ensure transparent, unbiased, and objective reports. Keywords: Corporate reporting, Mineral Resources. Mineral Reserves, narrative style, readability.

Regulatory Compliance of Health Warnings on Tobacco Packs in Karnataka, India

Introduction In September 2014, the Government of India introduced legislation requiring all tobacco packaging to display a health warning covering 85% (60% pictorial, 25% text) of the principal display area of the pack, of at least 4 cm in height and 3.5 cm width, with legible text in a white font on a black background and in English and/or the same Indian language as the language used on the pack. We evaluated compliance with this legislation in the Udupi district of Karnataka, India. Methods We procured one example of every tobacco pack of cigarettes, beedis, chewing tobacco, and snuff sold by a convenience sample of retailers in one urban and two rural areas in each of the five administrative blocks of the Udupi district between June and August 2018. For each pack we measured the size of the health warning, calculated the proportion of the pack covered, and assessed the legibility. Results A total of 365 packs were collected from retailers, with 357 of these branded and eight, all packs of snuff, unbranded. Warnings on 320 (87.3%) packs did not reach the legally required proportional magnitude, warnings on 140 (38.4%) packs were not legible, and warnings on 117 packs (32.1%) did not meet the language requirement. Only 45 packs (12.3%) were fully compliant. Conclusions Compliance with warning legislation in this district of India is low, highlighting the need for more effective enforcement. Implications Warnings on tobacco packaging are an important and inexpensive means of communicating the harms associated with tobacco use. However, relatively few studies have explored regulatory compliance with warnings. We collected all unique tobacco packs from 66 retailers in a district in Karnataka in India and assessed whether each met the legislative requirements in terms of warning size and proportion of the pack covered, legibility, and the language used. Of the 365 packs collected, only one in eight was compliant with the legislative requirements. This study highlights the importance of assessing warning compliance and the need for enforcement in India.

Language policy and corporate law: A case study from Norway

This paper investigates how 492 of the largest companies in Norway comply with the language requirement of the Norwegian Accounting Act Article 3-4. The results show that 36% of the companies presented their financial statements in Norwegian only, 45% in one or more language(s) in addition to Norwegian, while 19% had been granted dispensation and presented statements in English-only. The company’s ownership, use of English as a corporate language, and industry affiliation were the three most commonly mentioned reasons for dispensation, but the findings show significant differences between industry sectors in terms of language choice. The study contributes to corporate law research by examining the interpretation and application of the Norwegian Accounting Act by the Norwegian Directorate of Taxes; to sociolinguistics by shedding new light on the concepts of domain loss and diglossia; and to language-sensitive research in international business by analysing language use in Norwegian companies.

Do The Foreign Workers Need To Speak Indonesian?

The foreign workers are one of the important asset supporting business activities in the globalization era. However, an easy requirement for a foreign worker who works in Indonesia such as dropping language requirement tends to decrease local worker opportunity. The aim of this study to elaborate on the impact of cutting language requirement for foreign workers in new Indonesian regulation. This study uses a comparative approach. The study indicates that Article 36 of the Minister of Manpower Regulation Number 16 of 2015 is contrary to the higher legal norm, namely Article 33 of Law Number 24 of 2009. Based on Stufenbau Theory concerning the Act No. 12 of 2011 concerning the Establishment of Law and Regulation, the lower level will be not applicable. Therefore, revision for the Decree of Manpower Regulation is needed to legal certainty and fairly opportunity for local workers.