Sunday, January 26, 2020

Love and Marriage in Geoffrey Chaucers Canterbury Tales

Love and Marriage in Geoffrey Chaucers Canterbury Tales Love and Marriage Insanities Making sense out of love and marriage ideals is not an easy task, especially as human actions in emotional circumstances do not follow any logic. It is a fact that has been proven consistently over time, across cultures and is also corroborated by many of the stories within Geoffrey Chaucers Canterbury Tales. In particular, The Knights Tale and The Millers Tale, that take place in two different social settings, make fun of conventional beliefs about love and marriage in the context of values such as bravery, street smartness, morality, and faithfulness. Through their plots, the narrators styles, and the contrast they set up between cherished and practiced values, the two tales highlight that human behavior in romantic situations is often unpredictable, crazy and colored by ones social class, confirming that there is no such thing as a model love or marriage. Although The Knights Tale plot is set in the halo of honor, chivalry and courtesy, the storys events and the characters actions show the silliness in how they treat love. As an example, the two cousins, Arcite and Palamon, are ready to kill each other for a woman neither of them has talked to. After escaping from the prison, Palamon discovers Arcites love for Emily and angrily challenges Arcite to a fight. Arcite responds, And I denounce all covenants that stand / Or are alleged, between you and me / remember love is free / And I will love her! I defy your might. (Chaucer 46) It is ironic that Arcite, who as a knight should keep his word and follow principles, is willing to break his earlier oath not to come in the way of his cousins love pursuit. Arcite justifies breaking his vow because as a free person he is not constrained whom he loves. He is willing to do whatever it takes to get Emily and doesnt care how strong Palamon is. Even though people can behave irrationally in matters involving love, both Palamon and Arcite are being stupid in this instance. Neither of them knows what Emily thinks. Isnt it exemplary love a two-way relationship? Whom are they courting and quarreling about? Are they willing to go to the extremes of killing each other for a woman who at this moment doesnt represent anything other than an image, symbol or trophy that theyve seen from a distance? What makes this even more bizarre is that Emily doesnt even want to get married. She prays to Goddess Diana, That I would be virgin all my life, / And would be neither mistress, no, nor wife. / of thy company, / A huntress walk the woodlands wild. (Chaucer 65) Emily doesnt like a mans company, prefers hunting and doesnt want to marry or bear children. This exposes the foolishness of what Arcite and Palamon were up to, even though they supposedly follow all the ideals of aristocratic class such as bravery, honor, bond and courtly love. The Knights Tale depiction of love is strongly influenced by its narrator, a knight, and his worldview. In the Prologue, the narrator is introduced as someone who followed chivalry, Truth, honour, generousness and courtesy. (Chaucer 4) Since in a knights world, bravery and physical fights resolve disputes, it is no wonder that in his story, a tournament clash is the best way to settle the rivalry between Emilys two suitors. She is no better than a trophy to be won in a contest. The King Theseus treats Emily, in the traditions of the aristocratic class, as a gift to win peace and harmony. Even though she apparently doesnt have any say, her suitors try to woo her with flowery language as per their traditions, customs and code of conduct. As an example, Arcite, while in prison, describes his feelings towards Emily to Palamon, And with a deep and piteous sigh he said: / The freshness of her beauty strikes me dead / Unless I at least see her day by day, / I am but dead (Chaucer 33) Arcit e is using fancy language to say that hell die if he doesnt the object of his love every day. Although the story represents love in flowery terms and as a bravery contest, reflecting the narrators perspective, the plot and characters actions speak of the irrational twists and turns in romantic pursuits. In contrast to the polished language and high-minded principles of the knights world, The Millers Tale depicts romantic situations in vulgar and comical tones, and in the process, makes fun of conventional dos and donts about love and marriage. As an example, the way Alison handles her two suitors, Nicholas and Absalon, is not only hilarious but also a not so subtle middle-class snub of the upper-class imposed view about love. When Alisons husband leaves for work, Nicholas tries to woo her with aggressive sexual advances. In response, she reacts, Swearing shed love him, with a solemn promise / To be at his disposal / When she could spy an opportunity. (Chaucer 91) She is so attracted to the street-smart Nicholas that she has no problems in being at his disposal. She just wants to wait for the right opportunity when it is safe for her to cheat on her husband. In stark contrast to falling for the physical advances of Nicholas, Alison refuses the dignified courtship of the parish clerk Absalon. Not only does she spurn his affection, she does so by tricking him to kiss her genitals. After this trickery, Teehee! she laughed, and clapped the, window to; / Off went poor Absalon sadly through the dark. (Chaucer 103) Alisons contrasting responses, towards her suitors, highlight the qualities, a middle-class girl like her, admires the most: street smartness, boldness and physical attraction represented by Nicholas. On the other hand, she humiliates Absalon, making a mockery of his gentlemanly approaches and sweet words. Further, by being part of an extra-marital affair, she is being unfaithful to her husband. She also participates in Nicholass scheme to deceive her naive husband, that ends up making him a laughing-stock of the town. When John fell from the boat and no one listened to him, Alison and Nicholas told the town people, That he was mad, Some sort of nonsense about Nowels Flood All started laughing at this lunacy. (Chaucer 105) This episode, in addition to her i nfidelity, was Alisons payback for her marriage with the much older carpenter and his extraordinary protective nature. Maybe, she was married to him because he was rich, a practice that was common in arranged marriages in the medieval middle class. The Millers Tale narrators drunkenness and middle-class perspective shapes his story in direct, crude, and vulgar terms. In the Prologue, he proudly states that One shouldnt be too inquisitive in life / Either about Gods secrets or ones wife. /Gods plenty all you could desire / better not enquire. (Chaucer 88) Through these words, the narrator expresses his view that men shouldnt care about their wives or Gods private affairs. There are lots of women in this world to choose from and men shouldnt ask about the rest. Maybe the narrator has loose morals. Or, his middle-class outlook conditions him to talk frankly about subjects like physical sex and infidelity. In the narrators real world, instant gratification is more practical than high-minded principles or morals. Its also an environment that rewards street smartness and land grab mindset of Nicholas and looks down upon the poetic verbiage of Absalon. In any case, the narrators choice of words and the substance of his tale sets up a significant contrast with the polished language and plot of the Knights Tale. Although the two tales, set in different social contexts, are influenced by their narrators style and language, both stories spotlight that there is no universal standard one can use to judge human actions in love and marriage. The Knights Tale, despite its depictions of idolized values such as honor, bravery, and courteousness, boils love down to essentially a competition instead of a two-way relationship. The Millers Tale, despite its vulgarity and crudeness, presents the day-to-day happenings in love and marriage in ordinary folks lives, in stark contrast to the ivory tower world of the aristocratic class. Both stories, however, confirm that human behavior in love and marriage circumstances is often moody, irrational and erratic. It is, therefore, foolish to make predictions about human behavior in such matters where ones heart rules the brain.

Saturday, January 18, 2020

Natural environment Essay

It has been long debated the importance of nature verses nurture. It is hard to prove one from the other since it is shown for them both to play major roles in the development of a child to an adult. I believe that my personality is a combination of both nature and nurture but I think that I am +more nurtured. There are so many behaviors that I have developed from the environment I grew up. I have learnt to respect all people from being influenced at school and by my parents. I have also been trained to be responsible of things such as doing my work. I learnt that if I am not responsible and don’t do my work, then I must pay bad consequences. I have also learnt from experiences that if I do what I am supposed to do, I may be rewarded for good things done. My environment has influenced me in many ways to act upon certain things automatically. Things like looking both ways before crossing the street, or other things that appear to be common sense are learnt from nurture. I have gone through many experiences in which I have learnt different lessons. These lessons have taught me how to act in my life. I know that I am very different person than my mom or my dad. I don’t have very much in common with either of them. Although we do share some of the same aspects, I feel that I am more different from them than alike. I have developed the majority of my social skills from my friends and not my parents. Most of my social life revolves around my friends, who have influenced me a lot of the decisions I make and in the way I act. I don’t socialize with my parents nearly as much as I do with my peers. I don’t think I know my parents well enough to say if I am like them when they are around their friends or not. The nature and nurture of a person can vary greatly. Sometimes there are certain things that are hard to decide whether they are inherited or learnt. I might share some qualities with my parents, but they could just be characteristics that I learnt in my life that my parents also learnt in their lives too and were not inherited. I believe that genes indicate the potential for one’s behavior and personality, and that the environment helps create the extent as to how that behavior is carried out.

Friday, January 10, 2020

Cultural and sporting events Essay

Cultural and sporting events both possess strengths in the area of promoting community within an environment. The atmosphere created by each is a key factor in the ability of these events to foster community spirit within a region. These activities also contribute to the building of communities in other areas, such as financial economic development. Yet, the ways in which these two types of events do this are vastly different. The exploration of these methods, the different atmospheres created, as well as their impact on the community will offer insight into the contribution that sporting and cultural events make to community and society as a whole. One of the major differences to be found between sporting and cultural events is in the dominant motive for the existence of each. Sporting events are generally driven by the profit motive, and as such are often spectator events. People come mainly to view the games and cheer for given teams. If however, such a team is doing badly on the regional or international scene, members of the community might lose interest in attending that particular event. The sense of community that arises as a result of sporting events is therefore vastly different from that which comes about as a result of a cultural event. During a sport event, supporters of two or more teams are usually present. This creates a strong divide between those who support one team and those who are in favour of its rival. The tension present between these teams, though usually kept under control, does have the potential to create hostility and thereby shatter the community spirit. However, where there is healthy rivalry present, community spirit can be promoted and solidified at the end of the event when respect for the victorious team is freely given by its rival and their supporters. Also, in such cases where an underdog team triumphs, newly found appreciation for that team has the potential of strengthening the ties between the different communities involved—locally, regionally and internationally. In contrast, cultural events are usually traditional and annual events with little tension derived from competition. They are not necessarily driven by the profit motive, and supporters are usually quite loyal in their attendance. Some examples of such cultural events are Independence Day functions (in some countries), coronation services, arts and theatre events such as ballets, symphonies, and oratorios. The community of attendants to such events usually exists in a much more relaxed state, and because of the common traditions that are usually the progenitors of such an event, the attendants at a cultural event are usually more inclined to agree, share, and talk about the occurrences at such events. They share and enjoy a common enjoyment as they experience similar emotions in conjunction with the events. The ability of cultural events to promote community can further be seen in such artistic and cultural projects that promote the lifestyle and origins of certain cultures that might have been marginalised in society. Aboriginal culture shows and other minority showcases have the potential of making visible certain aspects of ethnic/minority culture that might have been ignored in former times (Fraser, 2006). Members of the majority have the opportunity of showing interest in these cultural aspects of the lives of marginalised members of society, and this has the advantage of creating and solidifying relationships among different members of a diverse society. Sporting events also have the capacity to do this. Allowing diversity to infiltrate sporting events promotes social inclusion and a stronger sense of community. Because sporting events are primarily viewed events (as opposed to participatory events) the persons who form the teams have the opportunity to set an example of inclusion and tolerance and thereby promote such community-building practices in the wider regions to which spectators belong. In the final analysis, it might appear that the cultural activities and events do a bit more than sporting events to promote community, as they offer very little occasion for rivalry. However, the ability of sporting events to promote community through inclusion and the potential for increased respect should not be overlooked. Reference Fraser, J. (2006). â€Å"Indigenous artistes at the Woodford Folk. † Aboriginal and Torres Strait Islander Online. Retrieved on January 21, 2007 from http://www. abc. net. au/message/blackarts/culture/s1658207. htm

Thursday, January 2, 2020

The American Dream By Thomas Jefferson - 1329 Words

â€Å"We hold these truths to be sacred and undeniable; that all men are created equal and independent, that from that equal creation they derive rights inherent and inalienable, among which are the preservation of life, and liberty, and the pursuit of happiness† (Thomas Jefferson). When America was granted their freedom no one thought that it would become the country it is today. However without the smart thinking of our forefathers we would never be the nation we are today. As a newly formed nation Thomas Jefferson advertised relocation to America via the declaration which stated America promised three important things, life, liberty, and the pursuit of happiness. Those three promises have always remained true as America progressed and the†¦show more content†¦Many Americans were determined to recreate themselves in the new land and faith boosted their confidence. After the move west the U.S. population rapidly increased and their was an influx of jobs. In Horatio A lger’s Ragged Dick anything was a job the main character, Dick would even, â€Å"...devote half his day to blacking boots† (Alger). Dick’s hard work and confidence made him really start the dream, however he was rewarded by his good intentions as a result of his good faith. From the era in the novel and present day the dream has altered to capitalizing off opportunities. Which President Obama believes is the greatest thing about the U.S. he states, â€Å"We believe in a generous America, in a compassionate America, in a tolerant America†¦Ã¢â‚¬  (Obama 2012). Winslow Homer was born in 1836, and grew up in a rural area of Cambridge Massachusetts and naturally fell in love with the great American outdoors. Homer’s early life was in an era of American history where literature and art were not as important because the main focus was an impending on a civil war. At the beginning of the war aged twenty five Homer accompanied general George B. McClellan with the union army and his paintings became more notable since he visualized his war experiences in paintings to show the American people (Pittsburgh Tribune-Review). However post civil war especially later during the industrial revolution their was more leisure time and moreShow MoreRelatedEquality And The American Dream1068 Words   |  5 PagesEquality and the American Dream History has a way of repeating itself. The problem of inequality has lasted as long as man has throughout the course of time. People are thought to be brave when they stick up against inequality. On July 4, 1776 Thomas Jefferson wrote the most important document in the history of our nation. The Declaration of Independence was the official document that claimed that their new name the United States of America and they would succeed from unfair British control. TheRead MoreThe Declaration Of Independence, By Thomas Jefferson, And Martin Luther King Jr.1138 Words   |  5 Pageswritten by Thomas Jefferson, and Martin Luther King Jr.’s â€Å"I Have a Dream† speech both address the problem of not being free. Even though Thomas and Luther were alive 150 years apart and had very different lives, they both faced the same issue of human equality that drove them to write some of the most influential works in American history. Although they bear some superficial similarities, t he difference between the Declaration of Independence and â€Å"I Have a Dream† speech are pronounced. Thomas JeffersonRead MoreMartin Luther King s Speech1188 Words   |  5 PagesHave a Dream, rallied a historic march on August 28, 1963 to Washington, to show the importance of solving the United States racial problems. A large crowd of people gathered and listened to his uplifting and amazing words, (Garrison, 1831, pg. 2577). â€Å"I have a dream that my four little children will one day live in a nation where they will not be judged by the color of their skin but by the content of their character. I have a dream today!† (Garrison, 1831, p. 2581) In 1787 Thomas Jefferson spokeRead MoreInterview Of John Hope Franklin On Thomas Jefferson908 Words   |  4 PagesInterview of John Hope Franklin on Thomas Jefferson The thing that draws us to Thomas Jefferson is his knowledge of the way things were and where things needed to go. In declaring he was the author of the Declaration of Independence gives us something we can trust. The two â€Å"all men are created equal† and the fact that Thomas Jefferson owned slaves are irreconcilable. Granted that he is forgiven in the sense that he is human and not much else. His level of understanding and the commitment he gaveRead More What Is An American Essay1650 Words   |  7 PagesWhat is an American. This country is full of individuals of many backgrounds, and diversities and each person has a different opinion on this question. In my opinion, an American is someone who values freedom and equality and pursues the American dream. Every American exercises these rights and these are great adjectives to describe our country. Each of the seven readings, and the one image I compiled help mold this broader definition into a more precise description of an American. Robert CreeleyRead MoreThe Rich in The Great Gatsby by F. Scott Fitzgerald Essay882 Words   |  4 PagesThe American Dream is something common to most individuals, however its one thing that everybody views in several ways. The American Dream is totally different for everybody, however they share a number of a similar aspects of it. The dream relies mainly on the setting of wherever one lives and one‘s social status. for instance, The Declaration of Independence was by Thomas Jefferson, who was an upper class white male. He needed freedom, however freedom for people like himself that were white landRead MoreMartin Luther King s I Have A Dream Speech891 Words   |  4 PagesSince Kindergarten, teachers have been teaching students about Martin Luther King Junior’s â€Å"I Have a Dream† speech. Ever since children have been born, they have celebrated Independence Day by either going to a parade, or shooting fireworks. Although, at these young ages, children don ’t quite know the real importance of each of them. Martin Luther King Jr. wanted every human being, regardless of their race to be treated fairly or just. Independence Day was the day on July 4, 1776 where fifty-sixRead MoreAlexander Hamiltons Contribution to America Essay908 Words   |  4 Pagesthe case (Robertson, 2005). Americans regard the Constitution to be helpful for the reason that it allows for diverseness of views. In the history of America, a variety of thoughts would develop with alarming and formidable support through various factions (Robertson, 2005). Today, the main political arguments are presented from the Republican group or Democratic group. During the early periods of the American government, arguments on politics were made by Thomas Jefferson and Alexander Hamilton asRead MoreA Comparison of the Declaration of Independence and Kings I Have A Dream1264 Words   |  6 Pages and therefore have a right to be free.   The Declaration of Independence, by Thomas Jefferson, and Martin Luther King, Jr.s I Have A Dream are two works addressing this concern.   Although Jefferson and King led extremely different lives over 150 years apart, both faced issues of human equality that drove them to write two of the most influential works in American history.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Thomas Jefferson, an educated, well respected career man, served as governor of Virginia, secretaryRead MoreEssay on Thomas Jefferson and Alexander Hamilton655 Words   |  3 Pagesinvolved in the establishment of the government, the laws regulating states and people, and individual rights in the construction of the United States of America. Two men stand out as instrumental to our founding principles: Thomas Jefferson and Alexander Hamilton. Thomas Jefferson was an educated, articulate and accomplished man from a well-respected family. He had a great understanding of farming and of the relationship between man and his environment, working diligently to balance the two for the

Wednesday, December 25, 2019

The Destruction of the Minke Whale in Mobe Dick by Herman...

Captain Ahab was a fictional character that participated in whale hunting in a book called Moby Dick. Moby Dick was the name of the great white whale that Captain Ahab was pursing to hunt. â€Å"The Minke Whale also known as the baleen whale is the smallest of the rorqual species, and the females are normally larger than the males,† Sea Shepherd1, but due to commercial whaling they are facing extinction. Minke Whale Hunting is a problem in Antarctic Ocean which is also known as the Southern Ocean, They are being killed by the Japanese to be used for sushi. â€Å"The Japanese and other countries have been hunting whales since the 1800’s†, studies that were recorded in 1986 have shown that over 30,000 Minke whales have been killed.4 People should pay†¦show more content†¦We are currently losing our Minke Whale because they are unable to reproduce due to hunting. The predicted effects are that they will be no longer existing.1 Brian Handwerk4 discusses the Southern Sanctuary which was established as a â€Å"compromise effort during this weeks meeting.† The Southern Sanctuary was developed in 1994 and presumed, â€Å"that 19 million square miles (50 million square kilometers) of waters surrounding Antarctica—as a critical space safe from commercial whaling. Most of the worlds whales feed in these waters.†4 People should care about whales because they are being hunted, which is illegal. The whales’ population is damage due to hunting. The people who eat sushi with whale meat in it. The people are a part of the problem because they are demanding an animal that is near extinction. The ecosystem is affected because whales are a part of it. Whales are a part of the ocean. In the ocean is revolving cycle, such as planktons being eating by fish, which are eaten by whales. In order for the ocean to function, a cycle has to happen, Jeremy Jackson5. A solution could be finding another meat to use to substitute whale meat, or having a numerous amount of customer that stop demanding sushi. By lower demand the Japanese will have no reason to kill the Minke whale because it is not a request. While some conservationists argue that the minke

Tuesday, December 17, 2019

Multiple Intelligences Seminar and Workshop - 14464 Words

Teaching and Learning through Multiple Intelligences Seminar/Workshop Content Outline: PART I – Explanation 1. What is the theory of multiple intelligences (M.I.)? 2. How does this theory differ from the traditional definition of intelligence? 3. What do multiple intelligences have to do with my classroom? 4. How has M.I. theory developed since it was introduced in 1983? 5. Who are the critics of this theory and what do they say? 6. What are some benefits of using the multiple intelligences approach in my school? 7. How can applying M.I. theory help students learn better? 8. How can I find out more about M.I. theory? PART II – Demonstration 1. Seeing MI in action 2. What do M.I. lesson plans†¦show more content†¦- These intelligences may define the human species. To help understand how you learn best, take this short Multiple Intelligences Self- Inventory. There are just a few questions to answer, which should take approximately five minutes to complete. ACTIVITY: Testing and Evaluation of Participants MI – use the Testing Form/ Questionnaire 1.2 How does this theory differ from the traditional definition of intelligence? Gardners multiple intelligences theory challenged traditional beliefs in the fields of education and cognitive science. According to a traditional definition, intelligence is a uniform cognitive capacity people are born with. This capacity can be easily measured by short-answer tests. According to Howard Gardner, intelligence is: - The ability to create an effective product or offer a service that is valued in a culture; - A set of skills that make it possible for a person to solve problems in life; - The potential for finding or creating solutions for problems, which involves gathering new knowledge. An educational system based on national standards and efficient, relatively cheap, universal multiple choice testing is central to the traditional concept of intelligence. In practice a students score on an I.Q.2 test or WISC3 ranks his or her strengths and weaknesses. It qualifies students for special services (such as programs for the gifted orShow MoreRelatedExecutive Summary: CATSA Essay2792 Words   |  12 Pages(CATSA) maintains 3 critical issues. These issues are processing inefficiency, lack of communication between the departments, and insufficient planning. Mark Duncan has been given the task to fix these critical issues. Mark plans to use business intelligence (BI) system to help with these critical issues. Ideally a BI system should help analyze data by department, record important information, and help forecast traffic for future periods. Although a BI system will definitely help them function moreRead MoreAn Effective Tool For Social Interaction And Individual Social Development1511 Words   |  7 Pagespositive results and continue to try to develop the skills with a higher level of awareness, in terms of my own behaviors when interacting with my children, family, and other people. I am making a conscious effort to develop a more elevated social intelligence. L.E.A.P.S. S.P.A.C.E. is not the only tool for social interaction. When talking specifically about Empathy, â€Å"Albrecht believes there are two opportunities to build empathy. With the first moment-to-moment experience of connecting with peopleRead MoreAssignment : Situational Awareness ( S )1664 Words   |  7 Pagesthey explain what they are trying to say in a way that is articulate, well thought, and accurate? The final is Empathy (E). Empathy is a person’s ability to connect with others on an emotional level and show genuine concern. (Albrecht, Social Intelligence, 2006) S.P.A.C.E. is an excellent tool for social interaction and individual social development. I feel that Albrecht has successfully identified the key elements that ultimately determine how a person is perceived by others in any social, professionalRead MoreI Am A Visual Learner1124 Words   |  5 Pagesexperience. These results can be utilized when choosing classes. â€Å"Sometimes, you may choose one class rather than another because the class format fits well with your learning style† (Simon, 2014, p. 19). Some classes are lecture, some seminar, and some workshop. When you understand your learning type and you determine how you are being taught you can decide if you are properly matched. It does not necessarily pose a problem if you are mismatched as long as you can determine the best way to handleRead MoreArgos Donaldson Case International Management2203 Words   |  9 Pagesother European countries, this means that nothing is implied from the message, as everything wil l be clearly detailed. So the higher up the context ranking you go the more information becomes implicit and if Donaldson would have consider that the multiple-choice survey wouldn’t have been inappropriate and Donaldson could have all the required info. Communication is also an issue because it is clear that there is a lack of it between the Detroit head office and the European office, so the communicationRead MoreEssay on Ilm Developing Yourself and Others2711 Words   |  11 Pageslearning and development style of myself and a team member we both completed a Multiple Intelligence (MI) test developed by Howard Gardner. After completion of the test on myself I have discovered that I have a learning style of Logical – Mathematical, with a majority score of 37, closely followed by Interpersonal with a score of 32, (see Appendix 1). People who are strong in logical-mathematical intelligence are good at reasoning, recognising patterns and logically analyse problems. TheseRead MoreSas Institute Term Paper4392 Words   |  18 Pagesrivals, and their capability to implement these resources to grow the firm is significant as well. The use of cross-functional teams is something SAS is capable of using to capitalize on the use of their resources, as well as the ability to hold seminars for customers on how to better utilize their products. Furthermore, SAS has a specialized team of consultants that their customers use to enable them to be fully trained on the use of their products. 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My classes have been successful, as many studentsRead MoreObjectives And Objectives Of Strategic Management6960 Words   |  28 Pagesof leadership focused on discovering the constant relationship between leadership behaviours and the group performance, the contemporary theories emphasized the significance of situational factors (such as stress level, job structure, leader’s intelligence, followers’ traits, etc.) as well.† Some of the essential leadership theories are given in bullet points below (Bolden 2003). †¢ Trait Theory †¢ Hersey Blanchard Situational Leadership Theory †¢ Six Emotional Leadership Styles †¢ Transactional LeadershipRead MoreSchool Based Management of Fortune High School, Marikina City, Philippines2094 Words   |  9 Pagesstudents in order to make them fully equipped with the knowledge and skills in Reading. We further want our students, especially already being in the Secondary Level, be aligned with the Reading Level of Learners appropriately match with their age and intelligence levels. We have scrutinized our students to identify those who have Reading problems in different areas and levels. Thus, we have been consistent in updating a plausible schedule opposite our academic classes to give ample time to enhance the

Monday, December 9, 2019

Australian Competition And The Consumer Act -Myassignmenthelp.Com

Question: Discuss About The Australian Competition And The Consumer Act? Answer: Introducation It is to be stated that the conduct or action of a party to a contract will be held to be unconscionable if such conduct defies good conduct and is considered unreasonable. The provision of unconscionable conduct however, is ambiguous as there are no clear definitions of it provided by the law (Knapp, Crystal and Prince 2016). It is to be mentioned that the clause of unconscionable conduct is governed by the common law of Australia. Schedule 2 of the Australian Competition and Consumer Act 2010 also governs the provision of unconscionable conduct. Section-21 of the Australian Consumer Law states that a contract should be signed by a consumer, only if he completely understands the terms of such contract. However, such principle holds true for written contracts. A person dealing with the acquisition and supply of goods will be regarded to have conducted in an unconscionable manner if he fails to act in good faith or impose any unreasonable terms on the weaker party. Unconscionable conduct will also be said to have been exhibited by the stronger party if he uses undue influence on the weaker party to enter into such contract. Subsection 21(3) mentions that the court will consider the circumstances which are reasonably foreseeable to a reasonable man in determining whether the subsection of the aforementioned act has been breached. It can be stated according to subsection 4c that the court will assess the terms of the contract and the execution of duties of the parties in determining whether any unconscionable conduct was exhibited by either of the parties. In addition it can be said that the court might also assess the circumstances of the parties at the time when the contract was formed. Intervention of equity is essential and inevitable in certain circumstances according to common law to protect the interests of the weaker party to a contract. However equity intervenes in circumstance where one of the parties takes advantage of disability of the weaker party. If it is established that one of the parties intended to form the contract on harsh terms which were likely to create oppressive results for the weaker party, such party has the right to rescind the contract. The case, Louth v Diprose High Court of Australia (1992) 175 CLR 621; [1992] HCA 61 deals with the clause of unconscionable conduct. In this case the defendant had emotionally blackmailed the plaintiff to buy a house for her. The defendant had taken advantage of the plaintiffs feelings for her. However, after their relationship failed and the two fell out the plaintiff started legal proceedings against the defendant and claimed the house back. The court held that the plaintiff had every right to claim the house back. The action of the defendant was held to be unconscionable as she had emotionally blackmailed him to buy the house and such conduct created an atmosphere of crisis and was not necessary to be exhibited in reality. Another important case dealing with the same provision is Blomley v Ryan (1956) 99 CLR 362. In this case the defendant had agreed to buy from the plaintiff a farm. The plaintiff regularly used to be intoxicated due to alcohol intake and was 78 years of age. The court held that plaintiff did not have the capacity to make a rationale judgment about the decision to sell the plot of land as he was under the influence of alcohol. The consideration amount was also well below the market price. Commercial Bank of Australia v Amadio (1983) 151 CLR 447; [1983] HCA 14 in this remarkable case addressed an important issue in relation to unconscionable conduct exhibited by a party. The defendant had induced the plaintiffs to act as guarantors of a loan taken by the defendant. The parents of the defendant were Italians and therefore had very little understanding of the English language. It was held by the court that the defendants had the right to rescind the contract as the defendants conduct was considered to defy good conduct and therefore intervention of equity was necessary. Kakavas v Crown Melbourne Ltd [2013] HCA 25 is a relatively recent case dealing with the same provision. The High court of Australia interpreted section 51 AA OF THE Trade Practices Act 1947 and applied the same in the aforementioned case. However, the aforementioned section was repealed and replace by the section 20 of the Australian competition and consumer act 2010. In this case the plaintiff had an interest in gambling. The court held that the habit of gambling did not constitute a special disability or disadvantage and therefore the question of unconscionable conduct did not arise. Application In this chosen case study Rofi is a refugee from Burma who has arrived in Australia. He does not have proper understanding of the English language. Rofi had entered into a contract with the agent of Bolton Connect Pty Ltd, John. It is to be mentioned that John had been aware of the fact that Rofi does not good command or understanding of the English language. He had induced him to enter into the contract. Therefore in this circumstance the court will analyze and assess the circumstance of Rofi at the time of entering into the contract. The court will assess the way the terms of the contract were carried out. Although it was mentioned to him, that if he decides to rescind the contract he would be liable to pay a penalty of 1200 dollars, it cannot be expected that he had completely understood the aforementioned clause as he did not have proper understanding of the English language and lacked technical knowledge. Further it is to be stated that the agent John had access to translator de vices which he did not use while explaining the terms of the contract Rofi as he was in a hurry to meet his targets. Therefore, after discussing and analyzing the facts of the case, it can be stated that John had exhibited unconscionable conduct when he attempted to induce Rofi into entering the contract. The court can apply the provision as stated in section 21(4) of the Australian Consumer Law in order to establish unconscionable conduct. The aforementioned provision states that court must consider the circumstances of the parties at the time of contract formation. It can further be established by the findings and the decisions of the courts in the cases discussed above that Rofi has the right to rescid the contract as he did not understand the hidden penalty charge of the contract. Rofi in this situation was exposed to a detrimental position by John who had tried to take advantage of his disability. Conclusion Thus, in conclusion it can be said that a contract had formed between Bolton Connect Pty Ltd. and Rofi. However such contract was entered in to by Rofi due the unconscionable conduct of John and therefore Rofi has the right to rescind the contract without paying any penalty charge. References Australian Competition and Consumer Act 2010 Blomley v Ryan (1956) 99 CLR 362 Commercial Bank of Australia v Amadio (1983) 151 CLR 447; [1983] HCA 14 Kakavas v Crown Melbourne Ltd [2013] HCA 25 Knapp, C. L., Crystal, N. M., Prince, H. G. (2016). Problems in Contract Law: cases and materials. Wolters Kluwer Law Business. Louth v Diprose High Court of Australia (1992) 175 CLR 621; [1992] HCA 6