Friday, August 21, 2020

What You Need to Know about Athletic Scholarships

For some families, the best way to manage the cost of an advanced degree is for their understudy to get some monetary guide. An athletic grant is one way that can help bring down the cost. Here’s what you have to know. How accomplish athletic grants work? Athletic grants are non-ensured, budgetary guide understandings between a competitor and their school. School mentors grant grants to competitors dependent on the coach’s impression of their athletic capacity. Most grants are one-year understandings that must be restored every year. Grants are either delegated equivalency, in which mentors give halfway grants to players, or head check, where all offers are full grants. Athletic grants are offered at the NCAA D1, D2, NAIA and junior school levels. Schools contending at the NCAA D3 level are not permitted to offer athletic grants however offer different types of money related guide. How school mentors use grants Each mentor and game have various ways for utilizing grants. For instance: All the cash to the top competitors †Some projects offer full or practically full grants to the top competitors and fill the remainder of the program with enrolled walk-ons. This is well known in baseball, softball, track and swimming where a tip top enroll at a particular position or event(s) can contribute a great deal to a team’s achievement. No grants to underclassmen †Many mentors use grants as a prize to competitors who’ve been with the group. They decide to offer next to no or no grants to most underclassmen, with the getting that on the off chance that you remain with the group and are a significant patron, you will get a grant. Gap grants (nearly) similarly †Some mentors will split grants among a few people, so every individual has something. This is well known in sports or occasions where you keep additional individuals on the program and need a bigger gathering of similarly skilled people. Mentors regularly utilize this system to get an enormous selecting class and give the top entertainers a bigger grant in future years. Underfunded Programs †The NCAA and NAIA limit the quantity of grants a group can offer dependent on division level. Nonetheless, not all schools can offer the greatest number of grants because of constrained financing. When attempting to decide whether an offer is â€Å"good,† you will need to inquire as to whether the school is completely financed. How would you get a full-ride grant? Full grants are the exemption and not the standard. In the event that you play a headcount sport (football, men’s and women’s ball, women’s tennis, volleyball or vaulting) at the D1 level, any grant offers you get will be for a full-ride. Getting a full-ride outside of headcount sports requires the accompanying: Fill a basic job in the group †Not all positions or occasions are made equivalent. For instance, in baseball, pitchers will get a lot bigger grant offers than an outfielder. Runners get bigger proposals in track field than long jumpers. Have various schools offering a grant †Scholarships are a constrained and mentors need to extend them to handle the most ideal group. The main influence you have with a mentor is to have different offers. Having various schools with certifiable intrigue will guarantee each school is augmenting their proposal to you. Descend a division level †If you find that you aren’t getting the budgetary guide bundle you need at one division level, reaching schools at a lower division may prompt a superior offer. A lower-level D1 ability will normally be a superior enroll at a D2 school. Athletic Scholarships versus Scholastic Scholarships For some, the intrigue of athletic grants is that they will counterbalance someâ€or allâ€college costs. In all actuality, more cash is accessible through scholastic grants, and your best monetary guide bundle is consolidate athletic and scholarly offers. Increasingly: A parent’s manual for making a superior school monetary bundle Here are the realities on the off chance that you are wanting to consolidate scholastic and athletic grants. You need a base GPA to join athletic and scholastic cash †The NCAA requires you have a base GPA/test scores to have the option to acknowledge scholarly cash as an understudy competitor. You need one of the accompanying, at least a 3.5 GPA, 25+ on the ACT or 1200 on the SAT. Without this base, your scholastic cash will be represented a mark against the athletic grant dollars of the program. On the off chance that you meet the essentials, mentors can give you scholarly cash rather than or along with athletic cash. Getting a scholastic grant instead of an athletic grant †In a situation where a mentor thinks you merit a 20 percent grant, on the off chance that they can get you that cash through scholastics rather than sports, they will do that. Numerous families feel â€Å"I ought to get the athletic AND scholastic money,† yet that isn't the means by which it works for most mentors. Scholastic grants remain with you †Athletes are a physical issue or terrible season away from conceivably losing their athletic grants. Scholastic grants are an increasingly secure type of budgetary guide. On the off chance that cash is the most significant factor to your family, you will need to procure that guide through your evaluations.

Sunday, July 12, 2020

Secret Racism

Secret Racism Secret Racism Home›Consideration Posts›Secret Racism Consideration PostsIntroductionRacism, a term used to refer to treating other different from their appearance mainly because of color. It has been in our society since and most predominant in the slave in addition to the colonial period where many blacks were treated inhuman. Social amenities, health facilities as well as religious and other uncontrollable human emotions such as love were to put separation as people of different were literally forbidden to come into any form of contact.   The blacks were treated as other animals not having any form of rights and any force would be used against them to prevent any form of revolt or protest. This went on until the mid 1960’s when their rights were put into consideration and started to achieve what whites thought would never happen. More importantly, they had become a great and crucial part of the society and more so people who were their age mates had become so tolerant and ha d the full understanding that these were men as them and they found out that the form of stigma that had been there was really not necessary.Despite all these great steps that have actually led to the first black president of the greatest nation on earth, Barack Obama, there are some people who still have the racism in them. This is because there are people who do it indirectly or without actually showing it in the open but when situations are what they never expected they come out straight (Epifiano, 2009).   The main thing to note is that it goes both ways that is most racist come from across the board; they can either be white, back Asian and even Mexican. This is mainly seen in various scenarios such as social, work places, politics and among other crucial factors such as, law and most recently war on terror.Racism in the social levelThis has been experienced by mostly every race where people of a certain race literally are against dating or mainly marriage across the borders of the races.   Let’s start with the blacks or mainly those referred to as the African American. It is really hard for women and girl, to come to terms when a black man from their society gets hitched to say a white girl. All forms of hate and back stabbing talk will arise to not only undermine but to show the displeasure in what they mainly refer as the white girl “taking their now successful black brother” away from them. Such couples find a very hard time in various cases to go out in public, despite the freedom we have, it is not uncommon to see many people starring and talking about such a couple go out somewhere, this puts a lot of pressure on them(Lester, 2006) . They occasionally receive glances as if it is not supposed to happen making it look like they are more of a museum artifacts rather than people.Another scenario that is common is in the Asians, it is very hard to find mainly wealthy Indians intermarry freely with other races. This is because not that the youth do not want, but are mainly coerced into either forced marriages or other really old traditions. They are set to conditions such as if they marry from outside they are cut off from the family in terms of communication and support. It is common in many societies to find them into their own schools as well as other functions that mainly involve them. This has been hard for those who go against the wishes of their parents and relatives as they are believed to shame them and are hence cut off. The main reasons is mainly to protect the family wealth as they have this notion that people from outside will come to use their hard earned wealth to do other things or simply just enjoy it, Hence what matter to them is the property factor and how to keep it with in their race and family at whatever cost.Other cases have been in the white community where they find it equally challenging from their mainly their families and more specifically their parents other older relatives who strongly come out against their unions, they put all form of pressure on them as well as bad mouth them into getting out of such relationships since they mostly believe that say blacks are to no good, or they are not worth (Leslie, 2008). This is really wrong as it leads to people who are not strong willed to doing what they do not want and resulting to them living double lives to satisfy that part of life they feel is empty.Work PlacesThis will actually depend on the organization; this is because there are some that employ in terms of races. This is not uncommon in our present times, where you meet say only white, Jewish, black, Asians or even Mexicans working in that organization(Rudolph, 2005) . They say it is giving back to “their people” and though they may not out rightly say that its “people” of their race that are only being considered, they will only pick them while other races will find that their applications do not pass. These organizations do not come straight since they will eit her get shut down or face other legal actions and most likely have their activities boycotted regionally or globally as people know what their true intentions are.PoliticsUntil 2008, it was there in our   “great” democracy that no black person would ever lead our nation. It was not until President Barrack Obama won the election that it came to dawn on the American people as well as the world that for the first time, anything is possible. His win was not only expected but also sensational and literally brought many if not all communities together where his charisma in addition to his lovable character brought the nation that was on a verge of a revolution together from one of the worst oppressive as well as unprofessional regimes it had experienced since our country had gained   its independence (Earleywine, 20005).   It is important to remember during that period that some of the extreme supporters of his competitor Mr. McCain were yelling words such as “shoot him”. This jus t shows just how ignorant as well as intolerant that people are in the political arena and that they could not actually believe that for the first time that a black person would actually lead     them, because we would not have heard such sentiments if Mr. McCain’s opponent was white. This was not the hurdle that   the then Senator Obama would face, many of his opponents would occasionally question his birth place, his religion, as well as repeatedly say that   the phrase that Obama is just the same as Osama (Cath, 2009). This in a way shoed a really bad picture to our country and globally that we may have had   independence for over 200 years but we are still immature, because if it was   a white competitor, such ugly and degrading language would not be   used.LawOur legal system is respected worldwide but it is how some of our police officers apply it in a secretarial manner that raises eyebrows, it’s not uncommon to hear a white guy being pulled over for drunk driving and bei ng left to go on after being given ticket. A black person on the other hand will receive a different kind of treatment, even though they do not pose any danger, some go there ready to shoot, and in many cases they will be arrested for speeding. These double standards in application of law as well as justice is really hurting the society in that some people always feel sidelined which is really damaging to the unity of many of our communities and nation as well. It is a scar that is going to form into a very deep wound and most likely bring our country to a crisis not seen if steps are not taken to avert it.War on TerrorAfter 9/11 the world changed for Arabs and Muslim communities as well. People were literally terrified to board planes with an Arab in it or any Muslim for that matter for fear that was well based their lives. The problem does not come because of that but more so after that period even innocent Muslims and Arabs started having double standards to being employed, study ing or even travelling. This did not stop there, after the invasion of Afghanistan and Iraq; soldiers were instructed to shoot to kill almost everybody that they met on the battlefield. The worst being that, innocent children, women and men, have been killed in the thousands, this goes against many of the soldiers moral conducts, and in many ways affecting the standard of our military systems.  Many Afghanistan and Iraq war veterans come back changed men but more so with shame and questions about whether, what they did there was justified and worst of all killing of innocent children and women. Many suffer post war stress and to date   there have been over 2500 suicide cases by the war vets who cannot come into terms with   their actions. Yes we have the right to protect ourselves but we must do it in the right means possible. Up to today there are man Arabs and Muslims that are in custody without trial on the suspicion of being terrorist and even after being cleared of any wrong, there are still being held which is wrong.ConclusionWe have come really far as a country and we have demonstrated to the world how great we are when we come together and that we come back stronger than ever after many challenges that experience.   We may have the best of everything in the world, but the main flaw may be our own internal fights and double standard that is likely to bring us down, mainly due to double standards, sidelining as well as profiling will most likely be the thing to bring us against one another and make us more vulnerable than ever. This is because it affects us all across the board.

Wednesday, May 20, 2020

The Media Responsible For Females Essay - 1679 Words

Dissertation – Chapter 2 Is the media responsible for females, especially youths, for having low self-esteem and lack of confidence? Is the media responsible for the development of eating behaviours and disorders? In a culture with saturated media, the powerful influence upon women and younger girls is a continuous debate. Females of all ages come under immense pressure from the media, friends, partners and even parents to maintain a great body shape. The body images portrayed in the media can then push a female to go on a diet to begin a journey to gaining a similar body shape like that of the model, but low self-esteem and lack of confidence generally contributes to any issues or difficulties in life; workplace or school, relationships etc. to which can make an individual extremely unhappy and vulnerable. Research shows depression, low self-esteem and the development of eating disorders can be related to the unrealistic, unachievable body images exposed through the mass media. Females, especially young girls are developing disorded eating or an eating disorder as a result of the media promoting the super slender body, and with advertisements encouraging consumers to purchase high in fat foods at the same time, is leading to more individuals becoming obese. The space between an ordinary female and an ‘ideal’ female is widening, to which causes an increase in anxiety and to help overcome the feeling of anxiety, a decrease in body weight seems to be the answer. A diet isShow MoreRelatedGender Inequality According to Functionalist and Marxist Feminist Perspective900 Words   |  4 Pagessociety; the film Missrepresentation, by Jennifer Newsom reveals the lack of female presence in lead or authoritative roles in media, in comparison to men (Newsom, 2011). The film Missrepresentation, by Jennifer Newsom, is about the underrepresentation of women by the media (2011). The film challenges the viewpoints of media that are constantly depicting females as to being dependent on males. Furthermore, even when females are displayed as lead characters, the plot will ensure that their life’s willRead MoreShould The Media Be Held Responsible For The Disproportionately Low Percentage Of Women, Ethnic Minorities, And Lgbtq1236 Words   |  5 PagesShould the media be held responsible for the disproportionately low percentage of women, ethnic minorities, and LGBTQ people in Canadian Politics? Ehsan Rahmanian Women and Comparative Politics 442 Professor Tracey Raney April 22 2016 1 These days, sexism in the media is one of the top issues confronting women in Canada. Female political candidates often experience a toxic environment that can adversely affect their campaigns. The constantly changing media scene regularly permits harmfulRead MoreSociology Essay: â€Å"How Far Would Sociologists Agree That the Media Causes Eating Disorders in Women?898 Words   |  4 Pagesagree that the media causes eating disorders in women? In this essay I will discuss how far sociologists would agree that the media causes eating disorders in women. Eating disorders refer to a group of conditions characterized by abnormal eating habits that may involve either insufficient or excessive food intake to the damage of an individuals physical and emotional health. Eating disorders include: bulimia, anorexia and obesity. First Marxists would argue all young females in the west areRead MoreThe Media Have Alternative Affects Depending On The Perspective.1100 Words   |  5 PagesThe media have alternative affects depending on the perspective. There is the positive side arguing that media brings community in and grows a community to be more than self-discovered. There is the negative side arguing that the media, specifically advertisement, damages the community as a whole and constructs the acceptance. Kilbourne is the author that discusses the negative effect influenced by advertisements titled â€Å"Two Ways a Women Can Get Hurt†, discussing why the damage is significant toRead MoreDevelopment of Eating Disorders1218 Words   |  5 Pagesincrease in eating disorders has questioned researchers to re-think its causes to its roots. This essay in essence will consider the factors associated with the onset and maintenance of eating disorders among both men and women The impact of the media in recent years has been great and far-reaching in creating a perceived ideal body image, which women have been aspiring to replicate. It has been a portal for women and even men, to see a certain type of look or body shape, and see it being praisedRead MorePositive Female Role Models Eliminate Negative Effects of Sexually Violent Media by Christopher J. Ferguson,910 Words   |  4 PagesSexuality in the media is a major problem that influences the public both negatively and positively. The article entitles â€Å"Positive female role models eliminate negative effects of sexually violent media† written by Christopher J. Ferguson, tested four hypothesis as to whether or not the media portrayal of women influence or impact depression, anxiety and negative attitudes of women of both male or female. He also tested his hypotheses by concluding that sexuality violence is not only found in pornographicRead MorePatriarchy And Gender Discrimination : Women Are Socially Controlled By Male Patriarchy1019 Words   |  5 Pagesalways been a gender discrimination culturally, and historically. As a result, patriarchy has always been a major issue in history. Yet, forms of gender superiority still exist today. As seen in history, men have always been the superior gender. While females have been associated to being inferior to men. In the Feminist Theory Reader, we see the theme of male patriarchy in â€Å"Bargaining with Patriarchy†. Where Deniz Kandiyoti argues that patriarchy has always been a major issue in the actions of women inRead MoreAnnotated Bibliography : Women s Equality1611 Words   |  7 Pagesincluding the right to vote and go to college, the problem hasn’t completely vanished. One area that still sees this is in sports. Women’s sports do not draw nearly as many fans and are not covered in the media as much as men’s sports, pay differences between male and female athletes are large, and female athlet es have to wait longer to start their professional career than men, which risks their professional career before it even starts. In today’s world, men’s sports seem to always be in the spotlightRead MoreA Modern Wall Street Journal Survey1537 Words   |  7 PagesMaster, a very-cleaning oven quarantine the women as a housewife within the domestic sphere. However, advertisements of cosmetics may also show females in no-traditional roles, which feature as successful professionals that endorse the product to consumers in an attempt to catch attention of the audience.Utilitarian products may be also associated to manifold female stereotypes including decorative, traditional, non-traditional and neutral images of women. In the past, the patriarchy was a dominant familyRead MoreSocial Media s Influence On Gendered Adolescents1506 Words   |  7 Pagesacross the 4 dimensions we have discovered and made the relation on how social media establishes such a significant influence on gendered adolescents. Teens rely heavily on social media in regards to establishing appropriate gendered behaviour. The conse quence of this is media withholds a heteronormativity notion, which implies any romantic relationships consisting of opposite sexes are seen as abnormal. Therefore, social media exposes heavily of society’s norms and anything aside from what’s expected

Wednesday, May 6, 2020

Persuasive Essay On Drunk Driving - 1118 Words

Connor Boothe For a minute imagine that a choice you made took someone’s life. How could you live knowing that you took away someone’s loved one†¦someone’s daughter or son, husband or wife, mother or father. An innocent person paid the ultimate price for a bad decision you made. In the United States, a person dies every 51 minutes due to the actions of a drunk driver. Every day, alcohol impaired drivers are responsible for an average of 28 deaths. Understanding that it can happen to you and that choosing not to drive buzzed or impaired is the only responsible decision to make. Drinking and driving even just one time can be the biggest mistake you could ever make. I would like to take you back to 2003 . I was in kindergarten.†¦show more content†¦It’s hard to think about what she would be like now. Would she be going to Concord? Who would she be friends with? What would she be doing with her life? One person’s irresponsible choice robbed h er of her future. It also robbed those family members and community members left. Most college students have drank alcohol or been around someone that has, so it is very likely that they will be faced with the choice to drive after drinking and they need to understand the other options they have instead of getting behind a wheel. Instead of putting yourself and all others on the road at risk have a designated driver that can get you home safely. Call a cab, take a bus, use Uber, a friend and even your parent. Listening to your parent lecture you for five minutes is way easier than handling the responsibility of causing an accident. If there is no one to drive then the safest thing to do is to wait it out and stay where you are until you are sober. Please remember it takes a second for something to happen and that it can happen to you. According to an article written, ‘Alcohol Driving† your blood alcohol level can be measured 30 to 70 minutes after the drink. Many things affect blood alcohol level. How much and how fast you drink, if you have an empty stomach, and your weight all effect blood alcohol levels. The only way to lower this is to wait it out. Some believe that drinking coffee,Show MoreRelatedPersuasive Essay On Drunk Driving1114 Words   |  5 Pagespeople are killed by drunk drivers with a blood alcohol level above .08. Advocates of a new standard for in-car breathalyzers say that most, if not all, of those accidents could have been avoided if the drunk driver hadnt been able to turn his or her car on. If Congress and Mothers Against Drunk Driving get their way, could your next new car could come with a breathalyzer pre-installed? Much confusion surrounds in-car breathalyzer devices for those convicted of a DUI (driving under the influence)Read MorePersuasive Essay On Drunk Driving1185 Words   |  5 Pagestipsy, but the other person may not get out of this situation alive. Drunk driving is a painfully real problem in our country today. Traffic deaths numbered 37,461 in 2016, and 10,497 of those had alcohol to blame (â€Å"USDOT†). That means that 28% of all traffic deaths in 2016 involved a drunk driver. Even more sobering is the fact that 1,233 of alcohol-related traffic deaths were of children aged fourteen and younger (â€Å"Drunk Driving†). Voters and legislatures know that they have to do something. By 2002Read MorePersuasive Essay On Drunk Driving816 Words   |  4 Pages We need to take action on drunk drivers Just this past summer on the day of July 15, 2017 a fatal accident involving a biker and a drunk driver. Cynthia Arsnow was riding her bike along highway 14 and was struck by a drunk driver, she was killed almost instantly. The State Journal claims â€Å"Deputies who arrived at the scene found Arsnow on the shoulder of Highway 14, and her bicycle broken in half†.The driver of the vehicle that killed Arsnow was Rollen Fries. Rollen was charged for homicide andRead MoreDrunk Driving Persuasive Speech Essay629 Words   |  3 PagesPerkins Persuasive Speech I. Attention 1. You tube video clip, â€Å"Dedicated to Loved Ones Lost† 2. Every day in America, another 28 people die as a result of drunk driving crashes. (National Highway Traffic Safety Administration 2011.) II. Central Thesis Drunk driving is an epidemic that continues to have severe and life threatening consequences for those involved, if we simply take a few steps against drunk driving we can help decrease this epidemic. III. Body A. Need: Drunk drivingRead MorePersuasive Essay On Drunk Driving Laws736 Words   |  3 PagesEssay 3 Drunk driving accounts for nearly a third of traffic related deaths in the United States. Because of this it is perfectly reasonable for laws to be in place to prevent drunk driving. In my belief, these laws are just and put in place to not only protect the driver under the influence, but those around them. John Rawls would also believe that these ideas are just due to the law not impeding on anyone’s basic liberties. The laws are also the same for everyone, no matter the social standingRead MoreBUS 303: A Persuasive and Descriptive Essay on Traffic on Freeway1838 Words   |  7 Pagesï » ¿Persuasive and Descriptive Essay The loud screech of brakes and chaos of cars madly attempting to avoid hitting each other froze the rush hour traffic to a standstill in pure fear. You could literally smell the burned rubber, fuel and fear in the hot afternoon sun. In an instant of extreme paranoia all the drivers on the freeway stopped and looked to see what had nearly caused at least four cars to go hurtling into each other. In the fast lane sat a young man chatting on his cell phone andRead MoreDrinking and Driving Essay865 Words   |  4 Pagesdesignated driver, that should be the question Persuasive Essay ENG4U Due: March 9th 2010 For: Ms. Leroux-Simurda From Michelle Skippen One glass, two glasses, three glasses, before you know it you are drunk and you need to get home. You figure everything will be fine, considering you are a great driver, right? Wrong, drinking and driving is a deadly combination. One drink and you can reduceRead MoreDrinking and Driving Persuasive Essay858 Words   |  4 PagesDrinking and Driving Persuasive Essay Comm215 July 12, 2010 Drinking and Driving Each year numerous lives are lost due to careless and irrational driving. The disregard for safe driving has been a predicament to the United States of America for years. Many years Police have relied heavily on speed cameras, breathalyzer tests and heavy fines as a deterrent against unlawful drivers. Over the years fatality rates have increased, so the Department of Transportation and Highway Safety hasRead MorePersuasive Essay Topics1228 Words   |  5 Pages101 Persuasive Essay Topics By: Mr. Morton Whether you are a student in need of a persuasive essay topic, or a teacher looking to assign a persuasive essay, this list of 101 persuasive essay topics should be a great resource. I taxed my brain to create this huge list of persuasive essay topics relevant to todays society, but I believe I am happy with the results. I appreciate any and all comments or feedback. 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24Read MorePersuasive Essay‚Äà ®Cell Phones and Driving1006 Words   |  5 PagesPersuasive Essay—Cell phones and driving Suzy Campbell Title Balancing my coffee on my left leg, eating a donut with my right hand, using my cell phone with my left hand, driving with my right knee and having a conversation with a friend at the same time are surprisingly enough all legal, as long as they don’t interfere with my driving. While all these distractions can potentially interfere with my driving, the one most people often notice is the use of cell phones. Although using cell phones

Business Law Common Law of Contract

Question: Discuss about the Business Law for Common Law of Contract. Answer: Introduction The common law of contract requires the fulfillment of three basic elements: 1. Agreement 2. Intention to create contract 3. Consideration The fulfillment of these three criteria leads to the formation of a valid contract.[1]However, over the years, certain gaps have been found in the common law of contract sometimes due to the stronger bargaining position of a party or sometimes due to non-enforcement of an agreement by a party. These gaps have been fulfilled by the law of equity. The equitable principles and good conscience have consistently prevented the stronger party to keep advantage of their position and have kept them within their limits. However, through the principles of equity, the intervention of Judges in contractual matters have unnecessarily increased to a great extent and this discretionary power of the Judges are being exercised every now and then. Moreover, there is no certainty about the instances in which the Court can come in between the individuals in matters of contract. Application of equitable principles with respect to promissory estoppel Case: Waltons Stores Interstate Ltd v Maher (1998) In this case negotiations were entered into two parties, Maher and Waltons, in pursuance of which, Maher was required to lease his owned property to Waltons. Maher was required to construct a new building in the property after demolishing an existing one. As per the negotiations, Maher demolished the existed building in the property and started constructing a new one. It was at this moment that Waltons decided not to proceed further with the agreement. Subsequently Maher filed a suit against Waltons for enforcement of the agreement. In this case, an agreement was entered into between the parties but they had not done the formalities of a contract. Therefore, there was no real contract entered into between the parties. The Court applied the principle of promissory estoppel and estopped Walton from saying something different from what he had said earlier. The circumstances of the case show that Maher was under an assumption that Waltons would proceed with the agreementand consequently he incurred expenses on erecting a new structure in the property. Waltons never warned Maher from proceeding further with the construction work and thus in way induced him to go ahead with the agreement. The doctrine of promissory estoppel thus helped to enforce the agreement in the absence of a valid contract. In this way equitable principles helped to repair the injustice left in the common law of contract. The principle of promissory estoppel has been applied in various cases in subsequent yearsfor enforcing agreement between parties in the absence of a real contract. In the case of Weeks v. Hrubala, the issue was relating to proprietary estoppel, wherein the plaintiffs alleged that the deceased made a series of promises to the plaintiff that the property would belong to them for the rest of their lives. The deceased made this promise in consideration of the maintenance of the property by the plaintiff. However, the case lacked in providing sufficient link between the work done and the promises made and consequently the case failed on facts. The plaintiff lost his claim of proprietary estoppel. The Court rejected the applicability of the doctrine of promissory estoppel only as it lacked in case facts. This case is a clear example of the fact that depicts that the Court has exclusive discretionary powers wherein they can apply the doctrine of promissory estoppel relying only on the facts of the case. The discretionary power of the Court leads to certainty to the meaning that is contained in the statutory law. Application of equitable principles against unconscionable conduct Case: Commercial Bank of Australia V Amadio In this case,Vincenzo Amadio had taken a loan from the Commercial Bank of Australia. His parents acted as guarantors to the loan. The fact of the matter is that the financial position of the debtor was not good and moreover,the guarantors were under a belief that their liability was limited to an amount of $50,000. Thus, the guarantors were not aware of the nature of the transaction and the bank neither informed the guarantors that their liability was unlimited nor informed them about the debtors unstable financial condition. Subsequently,the debtor failed to repay the loan and the bank proceeded to enforce the guarantee by mortgaging theproperty owned by the Amadios. The Court held that the bank was at fault and has indulged in an unconscionable conduct by taking advantage of the situation. It was the duty of the bank to inform the guarantors about their unlimited liability and also about the unstable financial condition of the debtor. By failing to do so, the bank had tried to take undue advantage which is not just under the equitable principles. Thus, the contract of guarantee was set aside by the Court on the ground of unconscionable conduct by the Bank. Had the principles of the common law of contract been attracted in this case, then the bank would have easily done away with its misdeed. But the principles of equity have repaired the injustice and have given justice to the weaker party of the contract. The ratio of the Amadio case has been followed in the subsequent case of Armendariz v. Foundation Health Psychcare Services, Inc. The Supreme Court of California decided this case and the issue was related to determining the factor that shall amount to unconscionability. According to the Court, for a contract to be void on the grounds of unconscionability, both procedural and substantive element is required. A court may exercise its discretion in enforcing a contract if they feel that the contract is unconscionable in nature. In this case, the arbitration agreement contained no clause of negotiation and the lack of such a clause made the Court declare the contract as unconscionable. In this case, the Court used their discretion and declared the contract unconscionable. According to many theorists, equity gave a lot of power to the Judges to decide cases in which the meaning of the laws and principles were not clear. Since the doctrine of unconscionable contract does not have any clea r meaning in any statutes or regulations, the Court has the power to regularize such doctrines. The fact of the case was that a civil engineer had contracted with West Beach Research Laboratory to install some mechanism through which water would be pumped to and from the laboratory. The engineer performed substantial part of his obligation, but unfortunately the work could not be completed due to some underwater obstruction. Thus, extra work needed to be done for overcoming the obstacle. The principal, thereafter, put some condition which was to be complied with by the engineer; otherwise the engineer would be replaced by a new one. The engineer pleaded for unconscionable conduct on the part of the principal. The Court found out that the principal was taking advantage of the situation and the contractor was in a financially weaker position and found it appropriate to apply the ratio of the Amadio case. Thus the principles of equity have been efficiently applied to prevent unconscionable conduct by the parties. However, the fact cannot be ignored that the principles of equity has given a lot of discretionary power to the Judges. The judges are applying the equitable principles according to their choice and this has undermined the clarity which common law of contract provided. Giving all the power to the judges may prove to be unfruitful. The capacity of the parties to decide the terms and conditions of contracts for themselves are also getting effected by the intervention of Courts. Under these circumstances, the need of the hour is to draw a line between the instances where the Court can intervene and the instances where the Court cannot interfere. Conclusion The principles of equity and good conscience have undoubtedly afforded flexibility and discretion to the Courts to do justice to the parties. However, giving extreme power to the Judges may not prove to be a constructive development. Individuals, while framing the terms of a contract, make law for themselves and they act accordingly. The intervention of Courts in matters relating to contracts has affected the law making power of the individuals and the problematic part is that there is no clarity about the grounds when the Courts can intervene. Unconscionable conduct and promissory estoppelare few instances in which the Courts have exercised their discretionary power. This power well extends beyond these instances and Courts power to intrude is nowhere defined or limited and this is not a constructive idea. Bibliography Contract (2016) LII / Legal Information Institute https://www.law.cornell.edu/wex/contract (2016) Lr.law.qut.edu.au https://lr.law.qut.edu.au/article/viewFile/177/171. Waltons Stores (Interstate) Ltd V Maher [1988] HCA 7; (1988) 164 CLR 387 (19 February 1988) (2016) Austlii.edu.au https://www.austlii.edu.au/cgi-bin/sinodisp/au/cases/cth/HCA/1988/7.html?stem=0synonyms=0query=Walton%20and%20Maher Promissory Estoppel (2016) LII / Legal Information Institute https://www.law.cornell.edu/wex/promissory_estoppel. (2016) https://www.austlii.edu.au/au/journals/FedLRev/1996/4.pdf. Commercial Bank Of Australia Ltd V Amadio [1983] HCA 14; (1983) 151 CLR 447 (12 May 1983) (2016) Austlii.edu.au https://www.austlii.edu.au/cgi-bin/sinodisp/au/cases/cth/HCA/1983/14.html. Principle Of Conscience In The Equity Courts (2016) Academia.edu https://www.academia.edu/1762654/Principle_of_Conscience_in_the_Equity_Courts. (2016) https://www.monash.edu/__data/assets/pdf_file/0013/142042/unconscionability-and-good-faith-in-business-transactions-paul-vout.pdf.

Thursday, April 23, 2020

Global Warming Essay Writing Instructions Essay Example

Global Warming Essay: Writing Instructions Paper The topic should add Reese the three keynotes in the essay title know, will, do: our knowledge of climate change, our attitudes and values about climate change, and our actions in response to climate change. The body of the essay should focus on how knowledge, attitudes and values, and actions are related to each other in terms of climate change. For example, you can consider different human communities/countries and their beliefs and value systems which may influence what they know about climate hanged and what they are doing about it. Or you may take an approach starting with those countries/communities which are doing most/least about global warming and analyzing why in terms of their level of knowledge or the main values in society. The essay is not about the causes, processes, consequences or remedies of climate change NAB. This course is Climate Change and Society with emphasis on society response The conclusion should restate your stance on the statement and summarize the main arguments in the body. You should also briefly discuss the implications based on the arguments in the body of the essay. Content (30%): task fulfillment; relevance and comprehensiveness of information provided about topic; logic and justification of arguments 2. Organization (30%): cohesion and coherence; overall structure; sequence and presentation of ideas 3. Language (30%): academic style and tone; accuracy and range of vocabulary; accuracy and appropriateness of grammatical structures 4. We will write a custom essay sample on Global Warming Essay: Writing Instructions specifically for you for only $16.38 $13.9/page Order now We will write a custom essay sample on Global Warming Essay: Writing Instructions specifically for you FOR ONLY $16.38 $13.9/page Hire Writer We will write a custom essay sample on Global Warming Essay: Writing Instructions specifically for you FOR ONLY $16.38 $13.9/page Hire Writer