Thursday, January 30, 2020

The differences between Christianity and Buddhism Essay Example for Free

The differences between Christianity and Buddhism Essay Basic Belief Systems Buddhism is different from Christianity in many ways. The Christian founder, Jesus Christ was the Son of The Father, God, while the founder of Buddhism, Siddhartha Gautama was a normal human being, who achieved enlightenment through meditation and later on was referred to as The Buddha(The Awakened). This brings us to the first major difference, the existence of the supernatural. While Buddhism does not completely reject the Hinduism Gods, it does not see them necessary. At the same time, Christianity has its one and only God, who comes in three faces, The Father, The Son and The Holy Spirit. Christian meditations are also very different from Buddhism ones, while Christians have an open minded meditations, where the mind can wonder off freely, Buddhists have a closed ends meditations, in which there is only one goal to the meditation and your thoughts are limited to concentrate only on certain things. The perception of life differs very much in two religions. Buddhists state that Life Is Dukka, life is pain and suffering, while Christians treasure life in every way, and believe that life is the most important thing that God gave us. These are the major differences between the two religions belief systems. Main Rituals and Symbols While both religions use their own rituals and symbols, these are very different from each other. Christianity uses symbols such as the Crucifix, Icons, statues, etc, the Buddhism followers are more used to symbols like The Dharma wheel, The victory banner, The knot of eternity, The conch shell, The lotus, The vase, The fish and The umbrella, which are The Eight Auspicious Signs. Christians usually use these signs during their ceremonies and processions, while Buddhists apply the signs in their life, or during meditation and study. The Christian rituals include the celebration of Christmas, Easter, Sunday Masses and other similar rituals and ceremonies, and Buddhists have their rituals too. They include Offering of Light, Offering of Flowers and Offering of Incense. All these offerings are presented to Buddhas statues to show that people still follow his teachings. This would be strictly prohibited by any real Christian religion,  as it involves creating idols, and is prohibited by the Bibles Ten Commandments. Chanting verses on the Buddhas Teachings is believed to give protection to those who listen to them., which is different from Christian chanting which is only used in Masses and are simply used to praise The Lord, All-mighty. Sacred Texts The sacred texts of Buddhism and Christianity do not have much in common. The Christian main book, the Bible consists of passages and chapters written before and after Jesus death. It consists of two main parts, the Old Testament, and the New Testament. The Buddhists sacred text is called the Pali Canon, which consists of three groups of discourses, called the Tripitaka, which consists of Sutra saying of Buddha, Vinya discipline of the brotherhood and Abidharma a set of creeds based on essential teachings. The canon includes poetry and prose, Buddhas conversations with others and myths about the life of Buddha. While the Bible teaches us the words of God, the teachings of Christ, talks about the Afterlife and Creation, The Pali Canon simply talks about Buddhas life, what he did, his thoughts, and reminds me more of a Biography, rather then a sacred text of a religion. There are other sacred texts including stories, myths and teachings of Buddhas disciples, but those are not considered as major and important as the Pali Canon. Christianity concentrates on The Bible more then any other minor sacred texts, while Buddhism considers all the minor texts as important as each other. The Christian Religion answers all the lifes fundamental questions. If you search within Christianity, you will be able to find answers to questions like what is the meaning of life and how the world was created and why and is there life after death? Buddhism does not give these answers, it concentrates more on self-perfection of the soul and achieving awakening, only then one can understand the mysteries of the universe, but not many can achieve this, while in Christianity all and everyone is able to find answers to these questions. Christians believe that God created the world, he created hell and heaven, the two places where a human soul will spend its  afterlife. Some believe that the meaning of life is for God to decide whether a person was good or bad and where will he end up, some think its is simply to help others during our lives. While no-one knows the right answer to these fundamental questions for sure, we may speculate or try to understand the Bible more closely to fin d the answers we seek. The main difference between Buddhism and Christianity in these questions is that Buddhists believe in reincarnation, where a humans soul will be reborn in a different body after death, and this process is only stopped by reaching Nirvana, a stage of complete enlightenment. Christians however believe that after death, the human soul will travel and be judged and either sent to Heaven, closer to God, or Hell, where Satan is. It is believed that Buddha achieved Nirvana, and therefore will not be reborn again, although some believe that Dalai Lama is the reincarnation of Buddha, but their numbers are few. The teachings of Buddha help Buddhists understand their purpose in life, to achieve Nirvana, enlightenment. This is achieved through deep meditation and self control, including self-denial. Meditation performs an important role in achieving Nirvana. Buddhist monks sometimes go and spend years living by themselves and meditating for most of their time, believing that such deep devotion will help them reach enlightenment and perfection. Some strive to become Buddha themselves, this is achievable through attaining enlightenment on their own, without the help of anyone else. This is considered the highest stage of awakening, and these Buddha are then allowed to go and teach others, and become spiritual leaders. It is obvious that both religions help individuals to answer lifes fundamental questions, and one cannot say for sure, which one helps more or is more right, everyone chooses for themselves, but Christianity is closer to me, and that is the path I choose to walk upon.

Wednesday, January 22, 2020

Blindness in Richard Wrights Native Son Essay -- Native Son Essays

Blindness in Richard Wright's Native Son Does it seem sometimes as if people are ignorant to other feelings? Have you ever had a friend get away with something or toy with someone's thoughts to benefit him or her? Similar types of blindness occur in the novel Native Son by Richard Wright (1940). The story starts in the Great Depression with a poor black family waking up to a foot long rat in their one room apartment. Bigger, the main character, and his younger brother Buddy narrowly kill it without bodily harm. Bigger is supposed to start a job for a rich white man as a chauffeur. Bigger has never really interacted with white people before and is not wanting to be there. After an accident on his first day, he kills the man's daughter and throws her body into their furnace, severing her head from her body to make it fit. He acts like he didn't do anything and slyly puts the blame on Jan, her communist boyfriend, while leaving a ransom note. It almost works until the media finds remnants of her bones in the ashes of the fire. Bigger believes that he will be blamed and runs away with his girlfriend, who he also ends up killing. He ends up being cornered by a mob of white people and taken to jail. His trial is fast and unjust, but he is convicted regardless of the surprising help of Jan and his lawyer. During the course of the novel, there are many instances where people were blinded by the actions of others or did not realize that their actions were negatively affecting their own lives. The following will better explain and demonstrate this. When Bigger first meets Mary, he instantly hates her for her ignorance in prodding him when all he wants is to be left along. Her blindness about his thoughts and feelings makes him hat... ...nd pray because she thinks she is only drunk. This is may be considered somewhat ironic. However, Bigger could also be considered 'blind' in this situation because he doesn't see what he is doing and how it will eventually end his own life. There are other instances where Richard Wright uses 'blindness' as a symbol. Bigger considers the whites 'blind' of blacks and blacks 'blind' of freedom after he kills. During the entire story, the reader senses that Bigger is lost in life. He never understand why he acts the way he does until his lawyer, Max, explains to him why whites seclude blacks and why blacks naturally push back. In the end, everyone is 'blind' for one reason or another. Work Cited "Native Son" Native Son Richard Wright. 30 April 2004. Barnes & Noble. <http://www.sparknotes.com/> Wright, Richard. Native Son. New York: Harper & Row, 1966.

Tuesday, January 14, 2020

Emancipation of slavery Essay

The writer reflects the emancipation of slavery and how it influenced the American women. For many Americans (the slave owners), it was not possible to think that what will happen if they no longer owe slaves. It was natural for people who were used to the cheap and easy labour found themselves in the middle of nowhere. The demise of slavery gave rise to a new kind of slavery where woman could sell their body. For writer this idea of selling women seems new, but in many tribal societies around the world, women are still sold and bought. The idea of selling body was loathsome in society that was still Victorian in thinking. The moralist advocated ban on streetwalkers and prostitution; while state sought to legalize the body trade, it was this tussle that continued for decades. For many the idea of selling body was a reminiscent of slavery; but even the law itself was dubious about the prostitution. According to the idealist the prostitution stood as a† social system in which all was for sale†. It was this thinking that made prostitution or women at the edge a social issue. For Southerners slavery and marriage was one and the same thing; while for Northerner slavery and prostitution were one and the same thing. The Southerners were used to slavery and bondage, prostitution for them seemed a kind of outlet where they could vent out their frustration along with economic benefits. For Northerners marriage was a sacred idea hijacked by streetwalkers to lure loyal husbands and sons. The Southerners argued that by recruiting black women as slave prostitutes they are limiting the white prostitution again shows double standard. The Northerners argued that prostitution continued because the lusty men of South wanted it. For abolitionists it was unthinkable to mix market economy and family values together in one place. Ironically both of them used prostitution as deformation, but the reality was far different. The author failed to address the core issue of the North and South. The basic reason of differences between the North and South has been economics. In broader sense the North was rapidly modernizing and South felt threatened by it. Being more viable economically means more powerful, the South was still stuck up to agrarian economy. It was under these circumstances in the South slaves were more important compared to North. Being less modern and less developed the slave prostitutes were a source of income for Jones in the South and they could not give it away easily. For North it became ideological because they were already reaping the benefits of industrlized economy. Even in the modern world, prostitution is done by the poorest of the poor in the society. In present day American society, despite all freedom no one considers prostitution a respectable and honourable way of life. In simple words, the women who practice this profession are doing it out of economic necessity. In modern day America, government is willing to accept the porn industry legally regardless of how women are exploited for sake of huge tax that reaches US$50 billion per year. Thus we can say it’s the market economics that is still ruling American society. Reference Stanely, Amy Dru. â€Å"From Bondage to Contract. â€Å"

Monday, January 6, 2020

Operations Management ISO Implementations for Riordan...

ISO Implementations for Riordan If Riordan Manufacturing is looking at acquiring ISO certification, the first consideration may be to determine which standard, or standards, may be relevant. For most firms there will be more than a single potential standard, the question will be to determine which would help the firm optimize its market position and support the business. Riordan are manufacturing fans, this is an area in which there are a number of standards; for example, ISO 5136:2003 deals with the noise created by fans radiating acoustics through ducts, ISO 13347-2: 2004, ISO 13347-3; 2004 and ISO 13347-4; 2004 all deal with the fan sound levels, each using a different testing approach (ISO, 2013). ISO 14694: 2003 and ISO 14695: 2003 deal with vibrations, ISO 5801: 2007 deals with performance levels and ISO 13348: 2007 concerns tolerances and data presentation for fans (ISO, 2013). There are many more ISOs that may be considered, the real issue for Riordan is to choose that which is most appropriate for their lo ng terms goals. The assessment and compliance with the different quality measures may help to increase the credibility and desirability of the firm to their customers, as the attainment of ISOs are a reassurance (Hoyle, 2009). Where there are many ISOs which apply to the technical aspects of the fans, one standard which has become increasing popular and has the potential to improve the internal operations at Riordan, increase value and support the positionShow MoreRelatedpm 582 week11429 Words   |  6 Pages Diversity and Conflict Management for Going Green Initiative of Riordan Manufacturing Sharon D. Olney-Hill PM/ 582 February 2, 2014 Lindsay Pineda This paper will speak to the issues and opportunities experienced by Riordan Manufacturing. Riordan Manufacturing management’s has made a decision to implement organizational transformation by â€Å"Going Green Initiative†. The decision to take on an external consultant to evaluate assembly processes and to propose a sustainabilityRead MoreInternal Dynamics, Leadership, And Business Strategy937 Words   |  4 PagesInternal Dynamics, Leadership, Business Strategy The internal dynamics of Riordan Manufacturing must evolve continuously to stay relevant in the market and to retain or increase the company’s chances of success by implementing new business strategies. The implementation of new strategies can change the culture and structural leadership dynamics of the organization. Riordan Manufacturing currently implements a type of hybrid structure; it is a mixture of functional structure and divisional structureRead MoreThe Internal Dynamics Of Riordan Manufacturing929 Words   |  4 PagesThe internal dynamics of Riordan Manufacturing must evolve continuously to stay relevant in the market and to retain or increase the company’s chances of success by implementing new business strategies. The implementation of new strategies can change the culture and structural leadership dynamics of the organization. Riordan Manufacturing currently implements a type of hybrid structure; it is a mixture of functional structure and divisional structure. This can be a troublesome structure styleRead MoreReview of Riordan Manufacturing Business Systems3156 Words   |  13 PagesTeam B Review of Riordan Manufacturing Business Systems Greg Guntz, Jerad Kays, Armando Figueroa, Lanone Mayfield, Rich Roberts, Bill White University of Phoenix BSA/310 Business Systems Mission/Description Riordan Manufacturing is an industry leader in the field of plastic injection molding that has earned them international acclaim. (Apollo Group, Inc., 2004,). The mission that Riordan Manufacturing has embarked on will lead the company into the 21st century with a sound footing in theRead More Riordan Manufacturing MRP Evaluation Project Essay1713 Words   |  7 PagesOverview Scope of the Project Riordan Manufacturing can continue to expand by reducing the inventory cost of raw materials and finished goods. Riordan currently has a legacy MRP Information System (IS) in place, and this project provides an excellent opportunity to upgrade the infrastructure to allow for a more cost-efficient way to track inventory. Goals of the Project Riordan would like to develop or acquire an MRP system that will track and manage raw materials and finished product inventoryRead MoreRiordan Manufacturing1941 Words   |  8 Pagesï » ¿Strategic Plan Riordan Manufacturing is a mid-size American company that was founded in 1991, employs 550 people and has projected annual earnings of $46 million. Riordan has three manufacturing locations, two in the United States and one in China. Riordan understands the importance of strategic planning and will lay out their reasoning in this paper. Competitive advantages, sustainability, innovation and ethical and social responsibilities will be addressed, as well as cultural and structuralRead MoreRiordan Manufacturing Strategic Plan Essay3812 Words   |  16 Pages. Riordan Manufacturing Strategic Plan University of Phoenix Strategic Management MGT/498 Riordan Manufacturing Strategic Plan A world renowned plastics manufacturer employing nearly 550 workers worldwide, Riordan Manufacturing Co. a leader in the industry of plastic injection molding, has more than $1 billion in revenue. With operations based in California, Michigan, Georgia, and China, review of current resources within Riordan’s business structure reveal numerous areas in needRead MoreImplementing Quality Improvement at Riordan Manufacturing2178 Words   |  9 PagesQuality Improvement at Riordan Manufacturing Continual improvements are essential for businesses to attain a competitive advantage in their industry and remain profitable. Riordan Manufacturing must apply Total Quality Management (TQM) to their organizational processes to eliminate waste, reduce costs, increase productivity, and focus on customer satisfaction. This paper identifies an improvement plan by outlining the steps of Riordan Manufacturing’s developed quality management process and requiredRead MoreRiordan Manufacturing Project Sr-Rm-0022944 Words   |  12 PagesRUNNING HEAD: RIORDAN MANUFACTURING PROJECT Riordan Manufacturing Project Introduction Team B has obtained information for SR-rm-002 asking for an assessment for the development of an MRP system that would trace and run raw materials and give a finished product inventory. This evaluation is to help Riordan Manufacturing lessen the raw materials received at each plant, and manage and reduce the completed good inventory costs, at all its plants. This is a high levelRead MoreRiordan Manufacturing Strategic Plan Essay2656 Words   |  11 PagesRiordan Manufacturing Strategic Plan MGT/498 Riordan Manufacturing Strategic Plan Strategic managers have responsibility to both the employees and stakeholders of the organization. Engaging in strategic management decisions should include ethics and social responsibilities. The expectation of such responsibilities from stakeholders is to fulfill legal and ethical economic decisions. Satisfying the purpose of the strategic planning process for Riordan Manufacturing, the management

Saturday, December 28, 2019

High Stakes Testing And Statewide Standards - 1159 Words

High-stakes testing and statewide standards The Department of Education concludes that high-stakes testing and statewide standards puts too strain on both the teacher and student. Multiple studies show evidence of miscalculation of scores, teachers being blamed for low test score, and too much time spent on preparation for the tests. The purpose of this policy brief is to elaborate on the non-beneficial components of high-stakes testing and statewide standards. Thus, peer-reviewed research articles and evidential articles are reviewed on high-stakes testing and statewide standards. In addition, the state of Florida has shown the greatest amount of dissatisfied outcomes. The information provided in this policy brief will precisely indicate why high-stakes testing and statewide standards should be abandoned from the school system. I request the action of Congress to outlaw high-stakes testing and statewide standards for the betterment of all National citizens by passing a new law to fo rce states away from standardized testing. For the past 15 years, the No Child Left Behind Law (NCLB), every state has been required to provide each child with a test. This occurs every year; K-8th grade is tested on math and reading, and once in high school. Furthermore, districts have added a variety of tests to follow state-mandated tests. The Counsel of the Great City schools concluded that students take approximately 113 tests between grades K-12. Roberta Munoz (2006)Show MoreRelatedThe Debate Over High Stakes Testing Essay1003 Words   |  5 PagesScores In Texas Tell US? by the Rand Corporation looks at the pros and cons to high stakes testing in Texas. High stakes testing was meant to improve academic scores and motivate teachers, but unintended concerns have risen. Professionals and the media question exactly how beneficial these test are, and if we should continue to use them. Texas was looked at because students had made huge strides in statewide testing. Gains in Texas Assessment and Academic Skills (TAAS) re ading and math scoresRead More Alternative Assessment Essay examples1282 Words   |  6 Pagesproject-based learning, because the entire academic year is devoted to practicing for statewide testing.† He went on to say that things can be different (Montague, 2000). He is correct; there are other ways to â€Å"test† student knowledge that are more beneficial to the students. These are called alternative assessment forms. Standardized tests can take various forms. Two major types of standardized tests are nationwide and statewide tests. An example of a nation-wide test is the Stanford Achievement TestRead MoreWhat Are The Critiques Of The SOL Test?861 Words   |  4 PagesVirginia’s statewide tests† talks about the Standards of Learning (SOL) exams. According to Virginia officials, the SOL is more difficult than national standards and is similar to the Common Core State Standards. The SOL is a high-stakes series of exams that assess the students understanding of the required curriculum across core subjects such as reading, writing, social science, mathematics, and science. Virginia students begin taking SOL exams in third grade until they graduate high school (BalingitRead MoreThe No Child Left Behind Act1420 Words   |  6 PagesMany stakeholders’ in public education are seeking solutions to produce high achieving students who graduate ready to embrace technological challenges . One solution for many stakeholders’ seems to be high stakes testing. High stakes testing is an educational reform where decisions are based on individual student performance, teacher performance, and school performance. The tests are usually performed as an end of course or end of grade assessment after completion of the curriculum. The No ChildRead MoreIntroduction. A Resounding â€Å"Thank You† Is Directed Toward1514 Words   |  7 PagesBehind† Act in 2002, which consists of the Common Core State Standards (CCSS) Initiative. CCSS is set of quality academic standards in math and English for grade levels K-12 that outlines what a student should have learned at the successful completion of each grade. Ultimately, the CCSS levels the learning field for students across America, regardless of social class, race, or disability by requiring all students to meet the same standards of quality education. Statement of the Problem The popularityRead More No Child Left Behind Assessment Essay1289 Words   |  6 PagesIf a standardized test was a contestant on Dancing With the Stars or American Idol, would it be voted off? Depends on whether the judges were politicians, professors, psychologists or parents. The stakes are high; ideology and money are at stake, and accountability is on the line. Using standardized tests as quantitative measurement tools have important implications for American education, â€Å"quality of assessment is one of the key features of good teaching and setting appropriate assessment tasksRead MoreThe Video Discussions : No Child Left Behind1217 Words   |  5 Pagescontext of the video discussions, No Child Left Behind (NCLB) represents a top-heavy approach to education with the federal government mandating reform and placing emphasis on testing outcomes. Indeed, NCLB is part of the accountability movement that has led to the development of ongoing measures that are designed to cr eate statewide assessment systems to measure student performance in mathematics and reading and thus address areas for improvement among students not performing at passable levels in suchRead More Education Essay1244 Words   |  5 Pagescontroversies over education are centered around the question of how strictly standards should be upheld. The concern over whether or not flunking students is appropriate or even in the best interest of the student is a widely discussed topic. The argument often begins with students just starting school where the question of standardized testing for kindergartners arises. The majority of people are actually against such testing because they feel that a child who is labeled as a failure at such an earlyRead MoreObjectives Of The Curriculum Development789 Words   |  4 Pagesfederal funding to administer a statewide standardized test annually to all students. Schools that receive Title I funding through the Elementary and Secondary Education Act o f 1965 must make Adequate Yearly Progress (AYP) in test scores. This aim led to setting a more specific goal of choosing DII as a curriculum strategy to consistently help raise student test scores. Once the curriculum instrument was identified, the objective was to deconstruct the power standards of each of the two subjectsRead MoreEducation Questions: Field Trip1000 Words   |  4 Pagespermission slip was required to stay behind at school. All of these issues are still important and practiced but now there are also a whole new set of requirements, some of which stand to end field trips all together. Those issues surround curriculum standards and time constraints as well as legality and liability issues. The field trip must be sanctioned and approved by the school and it is even possible that the school needs to contact their liability insurer to make certain that the trip is covered

Friday, December 20, 2019

Womens Masculine Identity For Fear Of Contempt - 1542 Words

Regularly and routinely reinforcing one’s masculine identity for fear of contempt in the eyes of their peers is a driving force in how military masculinity maintains itself. Much in the same way that masculinity operates in the civilian world, masculinity requires continual verification to remain secure. These moments of reification could include moments of physical aggression, substance abuse, and other high risk behaviors. While much is made about the toxic culture of military hypermasculinity, there is another side of military culture that does not receive the same amount of attention from the civilian world. As Claire Duncanson suggests, civilians often only see the more robust and rugged aspects, â€Å"many accounts of military training demonstrate how gender informs this process, as all things ‘feminine’ are disparaged, and ‘manhood’ is equated with toughness under fire.† Although this narrative of masculinity in the military does persist, there is also the facet of military culture which places emphasis on teamwork, loyalty, and other values the military attempts to supplant in their soldiers beside physical proficiency and armed mastery. The assertion here is that in order to accomplish the mission a unit must maintain a high level of cohesion and respect, which cohesion could be understood as friendship or reliance on others. Learning to depend on others is essential within military service because a proficient unit is able to operate well when all sections of the teamShow MoreRelatedWomen’S Studies Is The Study Of Women. Women Have Their1281 Words   |  6 PagesWomen’s Studies is the study of women. Women have their own programs and degrees in order to secure and define the importance of equality and how women measure in the world. Man Studies is not heard of; it is not a degree many people rush to major in because it does not exist the way Women’s Studies do. Women have been normatively considered the submissive gender in comparison to men as the dominate gender. Gender Studies seeks to understand both social constructions of femininity and masculinityRead MoreThe Issues Of Gender And Sexual ity1604 Words   |  7 Pagestheorists believe that prostitution is a form of violence against females and others believe is a way for females to be in control of their sexuality. According to sociologist Susie Jacobs, who explores the link between sexuality and gender control, â€Å"women’s sexuality is regulated in most or all societies and regulation is maintained through the legal sphere, social constraints and punishments† (Jacobs, 2014). Thus, the idea of selling sex is considered linked to a system of male power that representsRead MoreAnalysis Of The Sound And The Fury Essay2354 Words   |  10 Pagesgendered social roles and identities are defined by spatial environments. Feminist geography is opening up new avenues of literary studies, and has become regarded as a significant interpretative paradigm. Faulkner’s â€Å"The Sound and The Fury,† exposes the disintegration of the Southern aristocratic Compson family from multiple perspectives, as I have mentioned above, about the three Compson women. According to the article, little attention has been paid to the three Compson women’s relationships to theirRead More The Problem of Feminism in Female Art Essay2249 Words   |  9 Pagesdespite the growing numbers of women in the art world, female artists’ attempts at recognition have been dramatically less successful than those of their male counterparts. Feminist artists have been working since the women’s movement to create some kind of forum for women’s art in a history dominated by â€Å"good ol’ boys.† Yet the political stereotypes which surround feminism have caused some female artists to disassociate themselves with the concept. More and more women are choosing to delveRead MoreThelma And Louise : A Feminist Portrayal Of The Rights Of Woman1892 Words   |  8 Pagesof heart, delicacy of sentiment, and refinement of taste, are almost synonymous with epithets of weakness, and that those beings who are only the objects of pity and that kind of love, which has been termed its sister, will soon become objects of contempt.† Wollstonecraft urged women not to have power over men, but power over themselves. On Thelma and Louise’s escapades they gain power over themselves, becoming women who are emancipated from the rules a dominantly male society has from them. ButRead MoreReview For Exam 22476 Words   |  10 Pagesfrom crime. As age increases, criminal behavior decreases in frequency and seriousness. Ones identity in ages 17-20 begin to realize their life going nowhere and must make necessary changes to achieve success. The decision to give up or continue with crime is based on a person’s conscious reappraisal of the costs and benefits of criminal activity. Its not just aging that brings on desistance, but also the fear of punishment of being charged as an adult, rather than a juvenile. Crime is onset accordingRead MoreEssay Analysis of Mary Wollstonecraft’s Place in the Canon2356 Words   |  10 Pages Mary Wollstonecraft, often known as the mother of womens rights, published her greatest work, Vindication of the Rights of Woman in 1792. She is considered one of the earliest feminist writers. The book is a work of non-fiction and tackles political and moral problems in relation to women in her time. At the time she was born, London grew in literature and science through many published works. This literary and scientific growth was called the Age of Enlightenment. Other famous writers duringRead MoreBuchi Emecheta and African Traditional Society Essay1918 Words   |  8 Pagesway in which these characters try to turn the table against the second-class and slavish status to which they are subjected either by their husbands or the male-oriented traditions. Reading Buchi Emecheta informs us of the ways fiction, especially women’s writing, plays a role in constructing a world in which women can live complete lives; a world that may provide women with opportunities for freedom, c reativity, self-expression, friendship and love. Welesley Brown Lloyd believes that; â€Å"of all womenRead MoreFemale Sexuality in Shakespeare4830 Words   |  20 Pagesgender sex and gender behavior as â€Å"Sex refers to the . . . biological distinctions between male and female bodies. Gender refers to those meanings derived from the division of male and female . . . the attributes considered appropriate to each: ‘masculine’ and ‘feminine.’†Ã‚  (Valerie Traub, â€Å"Gender and Sexuality in Shakespeare† p129)  Patriarchy indirectly opposes this source of the meaning with male leaders moderating their control with their own male qualities. However, this thinking needed a sternRead MoreHamlet Attitudes Towards Women : Being Hatred Or Not Essay1901 Words   |  8 Pagesis why after king Hamlet’s death, when she finds her position insignificant; she quickly gets married to Claudius only to restore her earlier status which she values more than a life of a widow. Women’s this flaw of dependency upon men is deplorable in the eyes of Prince Hamlet. Hamlet believes in women’s independency and supports their practicing of free will just defines such act of dependency as disgraceful for a woman which makes them frail. That is why actually Hamlet criticizes women saying

Thursday, December 12, 2019

Protecting Consumers Unfair Contract Terms -Myassignmenthelp.Com

Question: Discuss About The Protecting Consumers Unfair Contract Terms? Answer: Introducation The Commercial Bank of Australia Ltd v Amadio [1983] case has been dealt with the common law and statutory developments in the trade practice where a dispute has been found between the trader and consumer. The case has concentrated with the unconscionability under the Trade Practice Act where a substantiative part of the contract has been raised the actual disputes. It is the first case in Australia, which has introduced the unconscionable conducts in the law of Contract. The Old Italian Migrant Couple Mr. and Mrs. Amadio have been sustained as guarantor against a loan, which has been taken by their son for his construction business. The loan has been taken from the Commercial Bank of Australia. However, the bank manager Mr. Virgo has been found that their son, Vincenzo Amadio has misrepresented the facts and his parents identity as guarantors. Here, when the business failed, the bank has been enforced the guarantor for mortgage the building which was owned by Amadios. In this case, the court has been introduced the term unconscionability under the Australian Contract Law. The court has defined the unconscionability in various ways. The Procedural unconscionability is the process where the party may suffer damages due to the negotiations. Here, the stronger party took advantages from the consumers due to their lack of knowledge of understanding the terms of the contract. In this case, the trader has also taken advantages of the consumer due to their less knowledge about the contract and the incapable of understanding of facts where the trader has taken benefits from the transaction (Skead, Atkins and Carruthers 2017). The Substantive unconscionability defines the unfairness of terms or outcomes. It has mainly caused due to the use of coercion or undue influence. When consumer makes his or her own independent decision due to the excessive pressure of the undue influence, the trader took the benefits from them. Most of the situation, court does not concentrate on the facts that whether the trade has good or bad bargain powers. The imbalance of bargaining powers is the actual reason of the unconscionability (Skead, Atkins and Carruthers 2017). In this case, the statutory development has been focused on the Corporations Act 2001, Trade Practices Act 1974, Australian Securities and Investments Commission Act 2001 and various industry codes of conduct. Under the Trade Practice Act 1974, section 214A has been expressly discussed the term unconscionable conduct in the contract which caused at the time of transaction between two parties. The section 514B has been defined the facts of prohibition of the unconscionable conduct in the consumer transaction. In the part IVA of the Trade Practices Act, it also included other relevant sections, which deal with the unconscionable conduct in the trade consumer transaction. The section 514A deals with the procedural unconscionability and the sections 51AB and 51AC conduct with the substantive unconscionability in the contract (Goldberger 2016). The section 514A under the trade practice, deals with procedural unconscionability under the common law of contract. This act protects those people who are disabled by their age, infirmity, Healthcare or mental illness and served with other several disadvantages. When a contract formed under this duress is known as breach procedural unconscionability. In this case, Justice Mason has focused on the bargaining powers between two parties where the transaction was not enough qualify for the special disability. Therefore, for considering the special disability, the conduct must have enough ability to make the correct judgment in ones interest is related with the other party. Therefore, the given verdict in this case has been processed by knowing that the setting in which the contract was drawn up is related with the fact that the contract was procedural unconscionable. Therefore, it is necessary to establish the facts the contract was conducted with the procedural unconscionability (Skead , Atkins and Carruthers 2017). According to the section 514B of the Trade Practice Act, it is necessary to establish the terms of special disability under the concept of unconscionability. The Subsection 51AB (2) of this act defines that business or the company never engaged themselves with any conduct which must be unconscionable. The section 514B (2) has been described the facts where the court can considered the corporation who have breached the contract and it will determine the extent of the contravention. It is related with the bargaining powers between the trader and consumer. When the weak consumer has found to corporate with the corporate terms with reasonable and necessary protection as per the best interest of the corporation. It is also helps to get the clear understanding about the terms of the documents, which are related to the supply of goods. In some cases, the undue influence may affect the weaker consumer due to the coercion in the unfair terms in the contract, which are related with the goods o r services. The section 51AC has been legislated under the Trade Practice Act for the protection of small business from unfair and exploitive conduct in the conducts. This section has set free small commercial transaction from the reprehensible conduct and recent trends towards the legal evaluation in the business contract. Therefore, this section is only conducts with the consistent with other dealings and other non-disclosure facts, which are related with the parties. It also protects the degree and fairness of the negotiation terms. In such matter, the contractual right of the trader always varies (Goldberger 2016). However, in this case, the judgment was given on the main fact of unconscionable conduct which has refers the unconscientious of the nature of the bargaining power for determine the position of the party who have faced special disability or caused due to the special situation of disadvantages. The undue influenced has been found in this case where the advantages has been taken from the innocent parties who are not deprived of an independent and voluntary will. The old couple was also found with lack of education and due to their age, it creates a disadvantageous position. Therefore, it is necessary to found that whether the bank was equally aware about the situation or not. The couple was Italian, old and not has enough knowledge about English. Their son was the only adviser and he was required the mortgage and does not have their best interest in mind. Therefore, the couple has also mentioned that their son did not explain the all the terms of mortgage. There are several facts has b een introduced due to the gross inequality of bargaining power between the bank and the respondent where the respondents also holds the position of special disadvantages and the bank was in the relation with the proposed mortgage guarantee (Skead, Atkins and Carruthers 2017). Therefore, according to the situation, the court has also mentioned that, the appellant was not having any knowledge about the inability to make a judgment about the best interest of the position. The unconscionable conduct has been dealt in this case where the consequences were found in relation due to the absence of the reasonable degree of equality between the parties. The person who has been disabled can use the sufficient reasonable grounds and introduced enough evidences in this case. Therefore, the stronger party has involved with the terms of prima facie unfair or unconscientious, which caused the impugned transaction towards the weaker consumer (Skead, Atkins and Carruthers 2017). The misrepresentation of the non-disclosure facts are also identified in this case. The management with the bank and Vincenzo has increased the overdraft and introduced a limit, which has been caused with very short period. The bank also dishonored the cheque in an endeavor to maintain the companys faade of prosperity. However, the misrepresentation has not created by the bank. Vincenzo is liable for such misrepresentation (Goldberger 2016). Reference Brody, G. and Temple, K., 2016. Unfair but not illegal: Are Australia's consumer protection laws allowing predatory businesses to flourish?. Alternative Law Journal, 41(3), pp.169-173. Casson, J., 2016. Small business and unfair contract terms: Changes on the horizon. LSJ: Law Society of NSW Journal, 3(2), p.76. Dal Pont, G., 2015. Equity and trusts in Australia. Goldberger, J., 2016. Unconscionable conduct and unfair contract terms. business-law Quarterly: The Journal of the Commercial Law Association of Australia, 30(2), p.17. Latimer, P., 2016. Protecting Consumers from Unfair Contract Terms: Australian Comparisons. McKendrick, E. and Liu, Q., 2015. Contract Law: Australian Edition. Palgrave Macmillan. Skead, N., Atkins, T. and Carruthers, P., 2017. Analysing Mortgagor Protections in Equity and Under Statute. Stewart, T., 2015. Unreasonable, unconscionable and oppressive contract terms in South African and Western Australian accounting (Doctoral dissertation, University of Johannesburg).