Thursday, January 23, 2020
Determination of Man?s Role in Latin America Essay -- essays research
Determination of Manââ¬â¢s Role in Latin America à à à à à How society describes what is meant by a manââ¬â¢s role is an important definition in every culture. What is right or wrong for men to do in terms of behavior depends on each community, and on peopleââ¬â¢s own perceptions. Latin American culture has a strict set of values on sexual issues, reflecting a manââ¬â¢s role in society. For all of the communities in Latin America there exists a relation between a manââ¬â¢s role and machismo. The exaggerated sense of manliness that machismo stands for is evident by parents when raising their male children, and by communities and their expectations. Machismo represents a culture of traditions indeed, but how does machismo define the role of a man in his society? XY is the chromosome formula for a male. Providing these two chromosomes will give the sexual differentiation that causes a man to be a man instead of a woman. However, psychological, social, and cultural factors that have nothing to do with genetics are important to determine manââ¬â¢s role, and to cultivate the sense of masculinity. Masculinity is a process of learning. No child is born a man, so children learn to become men. One example of this are the ââ¬Å"wild childrenâ⬠of the nineteenth century whose sexual preference was ambiguous. Victor de lââ¬â¢Aveyron and Gaspar Hauser grew up without any human contact. For them there was no difference between men and women. A simple definition for masculinity could be the opposite of femininity. What is meant by this simple definition expresses what is demanded for being a man. It must be proof of that sense of masculinity, it ââ¬Å"must be acquired, and at a high priceâ⬠(Badinter 2). Characteristics such as success, power, control and strength are demanded for masculinity. Masculinity in Latin America goes further than just demanding it. The symbol of masculinity and male sexuality comes from the definition of machismo. Labels and categories are used in order to understand masculinity. Christian Krohn-Hasen in his essay Masculinity and the Political among Dominicans describes masculinity as ââ¬Å"that of the hombre valiente, the spirited, courageous, and brave manâ⬠(112). The symbol of a brave man for many is also considered the symbol of masculinity. Another idea involves man showing his masculinity in public. Physical movements represent his capacity for being a man. The m... ... lower class populations. There might be exceptions in which machismo also affects the upper class population, but the percentage is minimal. In fact, when referring to machismo, itââ¬â¢s more likely to influence low income inhabitants. Machismo is the heritage of Latin communities, and itââ¬â¢s inherited through the culture in every Hispanic man. How machismo influences a manââ¬â¢s role; however, depends on each individual. Bibliography Baca Zinn, Maxine. ââ¬Å"Chicano Men and Masculinity.â⬠Menââ¬â¢s Lives. Ed. Michael Kimmel. Boston: Allyn and Bacon, 2001. Badinter, Elisabeth. XY on Masculine Identity. New York: Columbia University Press, 1995. Berryman-Fink, Cynthia. ââ¬Å"Communication and Sex-Role Socialization.â⬠New York: Garland Publishing, 1993. Krohn-Hansen, Christian. ââ¬Å"Masculinity and the Political among Dominicans: ââ¬ËThe Dominican Tigerââ¬â¢.â⬠Machos, Mistresses, Madonnas. Ed. Marit Melhuus. New York: Verso, 1996. ââ¬Å"Physical abuse against women by an intimate partner.â⬠United Nations Statistics Division. 2003. United Nations. Nov 27 2004. http://unstats.un.org/unsd/demographic/products/indwm/table6c2x.htm Random House Websterââ¬â¢s Electronic Dictionary and Thesaurus, College Edition. 1994.
Wednesday, January 15, 2020
Breaking Rules
Jack Inzerillo Eng 101 Professor Meadow 6, march 2013 Breaking rules, me personally Iââ¬â¢ve done it multiple times in my past, no I donââ¬â¢t agree itââ¬â¢s a good thing but every time I have broken one I always knew what the consequences for my actions were. I certainly agree that breaking the rules and regulations of life (laws) is absolutely wrong, but I also agree that some laws are absurd and arenââ¬â¢t lenient towards us citizens. I believe if I was in the position where I needed to break a law or else something could possibly happen to me I would most definitely do it and disregard the consequences.For instance, around a month ago I was driving home on the long island express way when I encountered a problem. The problem being was some random guy whom I did not know through something that looked like a rock out of his car and into mine. At first I had now idea what had happen until I looked to my right and I saw him about to throw a cup filled with soda at my car, therefore at that point I sped up away from him. While I was speeding I assume a cop was hiding of the side of the high way and got me on the radar going 90 mph.Soon enough I got pulled over, after explaining to the officer what had happen he didnââ¬â¢t buy my story, and gave me a ticket and told me to be on my way. Moral of my story was to tell you that I do not regret getting that speeding ticket because what if I had stayed there and continuously let the guy throw stuff at my vehicle, something could have happened to me. I still to this day believe if something went wrong and I needed to break the rules again in life I would do it.
Tuesday, January 7, 2020
Life In Papua New Guinea - 1069 Words
Long ago, us humans were using stone tools. This ââ¬Å"Long agoâ⬠was the 1960s, in Papua New Guinea. Why was it the people of Papua New Guinea were still using stone tools, but places like Europe were developing planes, cars, and other technologically advanced machines? The big factor to inequality was geography. Europeans were given certain very important geological advantages, being flourishing crops with bountiful harvests, hardy animals rich with protein, an invisible weapon the Europeans didnââ¬â¢t know they had in germs, and strong, flexible steel, they abused the power of all of these gifts to dominate the world, and take the resources of places they dominated. A must for any developing civilization is a steady, reliable food source, whichâ⬠¦show more contentâ⬠¦Papua New Guinea, however, wasnââ¬â¢t so lucky, as the people of Papua New Guinea didnââ¬â¢t have enough food to feed work animals, even if there was work animals available for them. The Europeans, living in such close proximity with their animals, undoubtedly picked up smallpox, and this virulent disease spread through the entire population of the Europeans, slowly killing them off. The Europeans who survived, however, were able to have children, this new generation of Europeans had an innate resistance to smallpox, but were still able to carry it. This carrying of the dormant disease was exactly what allowed the Spaniard Conquistadors to decimate the Andes dwelling Incas, who raised the llama, but rarely interacted with the llama. This ââ¬Å"never touchingâ⬠effect with Incas and llamas made the Incas not immune to smallpox, and, when the Conquistadors brought it with them, an invisible army of chariots known as smallpox decimated the Inca, wiping them out to the point of 5% of their population was left when the Spaniards finally arrived. Steel was the final factor on how the Europeans were able to destroy, conquer, and appropriate the resources of other, rivaling or new countries. With steel, Europeans could make steel swords, which, due to its strength and flexibility, could easily overpower and slice through copper, bronze, or gold shields, swords, and armor, which the Inca used when the conquistadors assaultedShow MoreRelatedThe Effects Of Environmental Degradation On The Environment1677 Words à |à 7 Pagesonly a risk to a certain biome, but all of the diversity that exists within a certain region - a good example of this being Papua New Guinea. The rainforest of Papua New Guinea are incredibly rich and diverse environments; the rainforest not only houses a wide variety of plant and animal species, but is also home many indigenous groups. By examining the changes in Papua New Guineaââ¬â¢s rainforest throughout time, a better understanding of the complex and dynamic human relationship to nature will beRead MoreHow The Low Income Of Countries Such As Chad And Papua New Guinea1602 Words à |à 7 Pagesas Chad and Papua New Guinea, and comparing them to a country such as Sweden who has no income. For years, certain countries, as the two listed above cannot maintain a lifestyle with the incomes that are available to them. Using incomes will help to see where the problem is occurring and how it might be approached to aid the countries. Reporting on the countries will give insight into a historical background including independence of the countries, along with education, literacy, life factors, andRead More325 words (333) Australia did not always want to grant Papua New Guinea (PNG) its independence.1200 Words à |à 5 Pages325 words (333) Australia did not always want to grant Papua New Guinea (PNG) its independence. Starting from the end of World War II and into the1950s, the Australian colony of Papua and the United Nations (UN) Trust Territory of New Guinea, merged in 1949, and appeared to lie securely with Australia. The Minister for Territories, Paul Hasluck, in 1951, thought that self-government in PNG was still about a century off. The Australian public, had little concern for PNG. But there were many securityRead MoreTok Pisin. Tok Pisin, One Of The Official National Languages1672 Words à |à 7 PagesTok Pisin Tok Pisin, one of the official national languages of Papua New Guinea, and Hawaiian Creole English have similar historical developments. However the two languages are used differently in school and in the church. Both languages are viewed differently by non speakers. Lastly both pidgin languages are currently having struggles keeping the language alive. A pidgin language creates a way of communication among groups of people who lack a common knowledge(Smith 2002). Pidgin languages areRead MoreTrobrianders of Papua New Guinea: a Lasting Society1464 Words à |à 6 Pagesof the Trobriand Islands in Papua New Guinea have been a source of interest to anthropologists since the early 1900s, when Bronislaw Malinowski first studied them. In a time when anthropology was barely established as a formal discipline (Weiner, 1988), Malinowski had an intense interest in ethnographical field work as well as the fascinating culture of the natives of what was then called Papua, the southeastern part of mainland New Guinea. The Trobriand way of life is extremely different fromRead MoreThe Difficult and Remote Island of Papua New Guinea1002 Words à |à 4 PagesIsland of Papua New Guinea can be extremely hard to travel or research as this remote island has limited infrastructure with very little information to read about in magazine and websites, in short it is like stepping into the great unknown. This is exactly why people are intrigued with trying to save the culture of its people, its wild life and its beautiful rain forest, which are in sever danger of deforestation. The industrial revolution is destroying the Papua New Guinea RainforestRead MorePapua New Guinea: Religion, Tradition and the Ensuing Violence1815 Words à |à 8 Pages A small nation with widespread brutality and domestic violence, Papua New Guinea, located in the southwestern Pacific Ocean, struggles with multiple developmental challenges. It is one of the poorest countries on the planet per capita, as well as one of the most culturally diverse with over 800 languages are spoken there (Campano). According to ReCom, a research and communication on foreign aid organization, it is ranked at 148 on the Human Development Index and most human well-being indicatorsRead MoreTuberculosis, Important Determinants, And The Health System3486 Words à |à 14 Pagesand the Tuberculosis burden in Papua New Guinea According to the World Health Organisation (WHO), Papua New Guinea, has the poorest health status of the pacific region and ranks 153rd of 187 countries on the Human Development Index by the United Nations. It is believed by WHO that health outcomes have stalled over the last quarter century and PNG is unlikely to reach any of the United Nationââ¬â¢s Millennium Development Goals [3]. The population of Papua New Guinea is estimated to be 6.5 million,Read MoreTaking a Look at Papua New Guinea3227 Words à |à 13 PagesApproximately 100 miles (160km) north of Australia, situates the second largest island in the south pacific called Papua New Guinea; occupying the eastern half of the rugged tropical island of New Guinea and some 700 offshore islands. With its comparative area size slightly larger than California, Papua New Guinea is about 287,595 miles in total area, of which 281,394 miles is land and 6,201 miles is water and accumulative of 3,201 miles of coastline. The central part of the island is composed ofRead MoreComing of Age Rituals Essay1242 Words à |à 5 Pageslessons that help initiates see the value and importance of life. Each culture has different rituals that provide experiences for their youth to learn these valuable lessons of life. Many coming of age rituals are intense procedures. The Amazons Satere Mawà © youth enter adulthood through the bu llet-ant glove initiation, teaching courage and endurance, and the crocodile scaring ritual that the men from the Sepik River in Papua New Guinea participate in teaches them pain and accomplishment. Bullet
Monday, December 30, 2019
How To Give Advice in Spanish
There are at least four ways you can offer advice in Spanish, depending partly on how direct you wish to be. Statements of advice can be in the form of a command, in the form of telling a person what he or she is obligated to do, as a statement of advice followed by the subjunctive mood, and as a n impersonal statement followed by the subjunctive mood. All four methods have parallels in English. Giving Advice Using Commands Commands may go beyond the point of being advisory, depending on the context, tone of voice and whether your command is direct or indirect. In context, commands (also known asà the imperative mood) such as these can be understood as either advice or a demand: Habla tà º a la policà a, y diles que tu vecina està ¡ loca. (Talk to the police and tell them your neighbor is crazy.)Compre el producto, no el proveedor. (Buy the product, not the provider.)No salgas ahora. (Dont leave now.) The future tense can substitute for the imperative in making directing commands, as it can in English. But such commands are extremely forceful and thus would not usually be understood as advisory. à ¡Comerà ¡s todo el almuerzo! (You will eat all of your lunch!)à ¡Saldrà ¡ ahora mismo! (You will leave right now!) Giving Advice by Expressing Obligation Like direct commands, whether statements of obligation (such as You should do this in English) are understood as advice ââ¬â or potentially as rude ââ¬â depends on context, including the tone of voice. The common ways of expressing obligation are the uses of tener que infinitive and deber infinitive. When giving advice, you can soften the tone by using a conditional form of deber: Deberà as estudiar un poco acerca de las opciones. (You ought to study a little bit about the choices.)No deberà as escoger productos là ¡cteos que son altos en grasas. (You shouldnt choose dairy products that are high in fat.)Deberà an ustedes ser mà ¡s positivos. (You should be more positive.) Using Verbs of Advice With the Subjunctive Because giving advice is often a way of expressing a wish or a desire ââ¬â or certainly of referring to an event that may or may not occur ââ¬â the subjunctive mood is used after the verb of advice. Common verbs of advice and possible translations include: aconsejar: to advisesugerir: to suggestproponer: to propose, to put forward (an idea) These verbs should not be confused with verbs such as notificar and informar, which can be translated as advise, but only in the sense of to inform. Some examples: Te aconsejo que me olvides. (I suggest that you forget me.)Te aconsejo que te cases en tu propio paà s. (I advise you to get married in your own country.)Sugiero que se pueda desactivar el foro. (I suggest that you deactivate the forum.)Le sugerimos que visite nuestro sitio regularmente. (We suggest that you visit our site regularly.)Sugiero que te comuniques con el centro meteorolà ³gico de tu ciudad. (I suggest you communicate with your citys weather center.)Te propongo que escribas un articulo con lo que sabes de este seà ±or. (I suggest you write an article based on what you know about this gentleman.)Te proponemos que dediques 3 minutitos a contestar este cuestionario. (We ask you to spend just three short minutes answering this questionnaire.) Using Impersonal Statements as Advice An even less direct way of giving advice is to use impersonal statements, typically followed by the subjunctive. Examples of impersonal statements used in advice include es importante (it is important) and es necesario (it is necessary); like verbs of advice, they are followed by a verb in the subjunctive mood. And as in the fourth example below, you can make statements of how you would react as a way of advising. Es importante que participes en clase. (It is important that you participate in class.)Creemos que es necesario que tenga un coche fiable. (We believe it is important that you have a reliable car.)Serà a provechoso si pudià ©ramos examinar ese problema. (It would be helpful if we could examine that problem.)Me gustarà a si me escribes de vez en cuando. (It would please me if you write to me once in a while.) Key Takeaways The most direct way of giving advice is to use the imperative mood or the future tense, although such ways of giving advice can come across as too forceful to be considered advice.Verbs of advice are typically followed by que and a verb in the subjunctive mood.Impersonal statements followed by a verb in the subjunctive mood can be used to give advice indirectly.
Sunday, December 22, 2019
The Impact Of Social On Gender And Sexuality Essay
The present essay aims to analyse and discuss how social actions related to gender and sexuality have given rise to social change. Particular attention will be given to how views and opinions on gender and sexuality have positively evolved throughout the years as a result of decades of social activism led by the members and allies of the LGBT community. In order to do so, the current paper will firstly provide a concise account of how gender and sexuality were seen in the former times, which will be then compared to more current perspectives. Secondly, the paper will present a brief overview of the history of the LGBT movement, and highlight its main milestones. Significant emphasis will be given to how these salient occurrences have significantly affected todayââ¬â¢s perception and attitudes towards the LGBT community in the majority of the world countries. In conclusion, the current essay will introduce and explore the recent ongoing activism that has been occurring globally wit hin the LGBT community. In Sociology, social action is defined as any intentional actions carried out in order to bring about possible changes in the social life (Glassman, Erdem Bartholomew 2012). When considering social action on issues related to gender and sexuality, it is necessary to acknowledge that such issues have been of significant importance to the LGBT community for a long time. In fact, it is necessary to remember that the LGBT community, its members as well as its allies have beenShow MoreRelatedMedia s Influence On Gender Relations And Sexuality1230 Words à |à 5 Pages media represented gender and sexuality in the way that matched the dominant public view and mirrors the evolution of gender-related biases and stereotypes and views on sexuality. In the course of time, gender relations and sexuality evolved and changed and all these changes found their reflection in mass media (Bonvillain, 1995, 210). Mass media, in their turn, portrayed gender relations and sexuality according to the dom inant cultural view on gender relations and sexuality. This is why it is possibleRead MoreFemale Sexuality : Male Sexuality846 Words à |à 4 PagesFemale Sexuality Female sexuality has been a controversial subject that plays a crucial role in our everyday lives. There is a constant double standard women face. In terms of sexuality both males and females are more similar than society deems them. It begins with parents; they have a great impact on how their daughters view sex and their own sexuality. Also female sexuality is considered taboo when they become mothers. There is a never ending battle of hypocrisy that women face when it comes toRead MoreGender And Gender Essay774 Words à |à 4 PagesThe social constructionist viewpoint on gender and sexuality seems to be the one of the most plausible ways to study and examine the topics. Although biology no doubt has an impact on attraction, and quite possibly gender, society influences the choices of everyone, and whether a person realizes it or not, society shapes their identity. The structure of society and its norms influence everything a person does, including their gender and sexuality. Gender is already considered to be a social constructRead MoreThe Nature And Nurture Of The Human Sexuality932 Words à |à 4 Pagesand nurture of the human Sexuality has been a debate argued among scientists and philosophers. It is believed that human sexuality is the key to reproduction and survival. This debate is concerned with the extent to which particular aspects of behaviour reflects the influence of genetically arranged maturity or wether it comes from learning and experience. This essay will explain to what extent human sexuality is the result of nature or nurture, it will also relate sexuality to the BiopsychosocialRead MoreConflicting Paradigms On Gender And Sexuality1453 Words à |à 6 PagesProfessor Salerno SYG 1000 September 30th, 2016 Conflicting Paradigms on Gender and Sexuality in Rap Music: Review Introduction: The article I am researching and analyzing is ââ¬Å"Conflicting Paradigms on Gender and Sexuality in Rap Music: A Systematic Reviewâ⬠written by Denise Herd. This article was published in the academic journal ââ¬Å"Sexuality and Cultureâ⬠, on July 1st, 2000. This article is centered around rap music with its social and cultural significance for youth audiences, all around the world andRead MoreThe Effects Of Media On Gay Male Body Image1209 Words à |à 5 PagesMedia on Gay Male Body Image. Clinical Social Work Journal, 44(1), 105-113. The existing studies have indicated the gay male adults are more likely to develop body image dissatisfaction than other male populations due to variety of social and culture elementsââ¬âparticularly in media. Lanzieri and Hildebrand argued that gay media sources had produced the ideal male physique that negatively impact on its audiences. They had conducted a research to study the impact between media imageries and its audienceââ¬â¢sRead MoreThe Beliefs Of Misconceptions And Gender, Race, And Sexuality1472 Words à |à 6 PagesCollins approaches the beliefs of misconceptions already existent towards multi social groupsââ¬â¢ underlying different issues mostly affecting African Americans. These issues highlighted by Collins include, ââ¬Å"a set of ideas and social practices shaped by gender, race, and sexuality that frame Black men and womenââ¬â¢s treatment of one another, as well as how African Americans are perceived and treated by othersâ⬠(p.7). These ideas enc apsulate a false understanding of the issues surrounding the persecutionsRead MoreGender And Gender Development : Sexuality And Sexual Behaviors905 Words à |à 4 Pagesincluding sexual, physical, social, and emotional. In looking at sexual development, several theorists have developed explanations governing sexuality and sexual behaviors. In my Critical Annotation of the book ââ¬Å"Sex Gender: An Introduction (6th ed.)â⬠I reviewed stances from several theorists on sexual/gender development. According to Freud, gender development occurs as a ââ¬Å"response to early interactions with caretakersâ⬠(Lips, 2008, p. 60) and is impacted by the body and sexuality. Oneââ¬â¢s personality developmentRead MoreNature Vs. Nurture : Psychology And Biology1449 Words à |à 6 Pagesthe determination of sexual orientation, there are others who feel that either environment, or genetics play a role but not both. Personally, I feel that both genetics and environmental cues affect sex uality. While genetics may make a person more inclined towards a certain sexual identity, ultimately social factors and experiences also play a role in the determination of sexual orientation. Before diving into the influences of various factors on sexual determination, we must first understand the NatureRead MoreSexuality and the development of a sexual selfhood is a development that can occur during900 Words à |à 4 PagesSexuality and the development of a sexual selfhood is a development that can occur during adolescence. While this categorical event may be universal, how it is experienced is unique based on personal, social, and contextual reasons. This development arises from an intertwining of physiological and psychological processes and is tightly related to identity. Historically, research on sexuality has been driven by a public health agenda, which is overshadowed by moral panic and bad outcomes of adolescent
Saturday, December 14, 2019
Social Control Free Essays
Social Control 1 Social Control and Behavior Samantha Sipes Criminology 1017-42 1. Cesare Beccaria argued that the threat of punishment controls crime. Do other forms of social control exist? Aside from the threat of legal punishment, what else controls your behavior? In my opinion a lot of factors play a role in social control such as family, church and school. We will write a custom essay sample on Social Control or any similar topic only for you Order Now These Three factor can determine a person behavior. You are taught how to act, morals and beliefs at a small age. Having fear of losing your family or have them look at you with a despise is a strong social and self control. Everyone wants to be accepted and belong in todayââ¬â¢s social environment. Church is can also be a strong social control instation by providing you with a strong foundation of faith which can determine your behavior toward life. Being a teenager myself school played a big social control for me most of my lessons were taught in school. 2. Aside from the threat of legal punishment, what else controls your behavior? A personââ¬â¢s personal sense of right/wrong, fearing of disappointing loved ones and friends and caring about other people are main factors in controlling my behavior. I big social control for me was my family I knew the consequence if I failed them or hurt them. I donââ¬â¢t have the heart to misbehave and treat people wrong. It is believed that most humans have a built in guide to what is morally right and wrong. Society in general sets a standard for what is right and wrong (not laws) and most people want to be seen by their friends and neighbors as good people with high morals. I personally believe this has more to do with our behavior than the threat of punishment. If the threat of punishment controls crime then why are our prisions overcrowded? Some people believe in God and believe he demands that we be morally good, but that is also made with the threat of punishment if we do not follow his teachings. How to cite Social Control, Papers
Thursday, December 5, 2019
Contract And Consumer Law - Free Samples - Myassignmenthelp.Com
Questions: 1. The issue in this situation is to determine whether jack is entitled to enforce clause 13 with respect to the condition of carriage so that he may be able to gain compensation for being forced to vacate the flight? 2. The issue in this case is to determine whether Smithys Fine Jewelers can rely on the exclusion clause which excludes their liability for any loss to the consumers. 3. The issue in this case is to determine whether Smithys Fine Jewelers can rely on the exclusion clause which excludes their liability for any loss to the consumers. 4. The issue in this case is to find out whether statement made by Smithyin relation to the nickel content in the watch is considered as false misrepresentation? Answers: Answer 1: Law: An electronic transaction can be considered as valid transaction under section 8 of the Electronic Transactions (Queensland) Act 2001. This section states, transaction cannot be considered as invalid transaction under state of law, just because transaction took place from 1 or more electronically transactions As stated above, there is difference between offer and supply of information, and this difference can be understood through case law Harvey v Facey [1893] UKPC 1, [1893] AC 552. In this case, Court stated that indication of lowest price cannot be considered as offer. Rather it was considered as offer to treat. For the purpose of ensuring the certainty of terms in online contracts court considers intentions of the parties. In case law Goldstein v. Jumbo Corporation Limited [2006] VCAT 2472, court stated that parties were bound to the terms of the agreement if they click the button of I Agree In the case of eBay International AG v Creative Festival Entertainment Pty Limited) [2006] FCA 1768 the court had to determine the question that whether terms on a website would be considered as a part of the contract. The court used the common law principles in this case to determine the issue which states that the party to a contract cannot be relying on terms of a contract if all what was necessary was not done by the incorporator to bring the term to the attention of the parties. The court thus in this case ruled that to make a party rely on condition which were not adequately brought to their notice is a misleading or deceptive conduct. In addition the case ruled that the basic rights of the consumers have to be considered by the sellers before making a contract. Application: In the present case, contract exists between Jack and airlines as the offer made by the AusFly was accepted by Jack and there was a valid consideration. The contract was only formed when Jack had made the payment for booking the flight. Therefore, in the present case there is valid contract between Jack and airlines, and terms of this contract are binding on parties. For the purpose of determining whether a term has been properly incorporated into a contract or not it has to be analyzed that when the term was brought to the notice of the party. If the term was brought to the notice of the party before the contract was formed it becomes a part of the contract. In the case of --- it was provided that anyone who signs a contract is bound to it terms even if they did not know about them, however there should not be any misrepresentation or fraud involved in the contract. Thus Jack is bound to the contractual terms with AusFly if there is no Misrepresentation as he has accepted the contract based on the Goldstein case principles by clicking I agree. However, it is the obligation of airlines to consider the basic rights of buyer while making the online contract and any provision which contravenes the basis right of buyer will not be considered as valid provision as per the principles of the Ebay case. Which was also done by AusFly through Clause 13. There was no misrepresentation in including the clauses into the contract. As per clause 13 of the contract, passenger cannot recover the amount of seat vacant if passenger fails to meet the check in deadline. Jack fails to meet the check in deadline, and not able to recover the cost because clause 13 is also applicable on jack. In addition clause 6 states that timing related to check-in is strictly imposed and the reservation may be cancelled, passengers may be refused to be carried and service fee may be required. The clause is also valid as it allows for damages provided by law. Conclusion: There is valid contract between the parties, and jack is bound by the terms of the contract by clicking the button of I Agree. Therefore, jack cannot enforce clause 13 of the contract. Answer 2: Law: Schedule 2 of Competition and Consumer Act 2010, introduce new provisions related to unfair terms. Section 23 of the Act states, term of contract is considered as unfair term if such term is unfair and contract is standard form of contract. Section 24 of the Act states, term of contract is unfair if such term result in imbalance in the rights and obligations of the parties, term cause detriment to the party, and not necessary for protecting the legitimate interest of the party. Application: In the present case, clause 13 stated that passengers are not able to recover their compensation related to the vacant seat if passengers fail to meet the check in deadline. Consumer contracts are those contracts which are entered between the parties to the contract for the supply of goods and services. In case law, Director of Consumer Affairs Victoria v AAPT Limited (Civil Claims) [2006] VCAT 1493 Court stated, acquisition of goods and services must be by natural person for the purpose of determining the actual use of the goods. It must be noted that standard form of contracts are not defined by the unfair terms of the contract, and in general form this contract is considered that type of contract which is formed by the one party and not subject to negotiation between the parties. In other words, it is offered on the basis of take it or leave it. In the present case, contract between jack and airlines is standard form of contract because in this contract is formed by Ausfly airlines and there is no scope of negotiation. As stated in section 24, clause 13 of the terms and conditions can be considered as unfair term because this term cause detriment to the jack and it is not necessary for the enforcement of the contract, and this term is stated under the standard form of the contract. Therefore, clause 13 can be considered as unfair term under section 23 of the Act. Conclusion: Under section 23 of the Act, if term is of unfair nature and stated under standard contract, then such term can be considered as unfair term. Answer 3: Law: Exclusion clauses are those clauses which state that one party to the contract will not be held responsible for specific events or happenings. It must be noted that these clauses can be considered as valid clause only if: These clauses are properly incorporated under the contract. These clauses are not contrary to the law. These clauses have to be brought to the attention of the other party with all reasonable efforts Application: In the present case, board behind the counter stated that Smiths would not be held responsible for any personal injury caused because of smithy, its agents, contractors, and employees. In the case of Causer v Browne it was ruled by the court that exclusion clause has to be notified to the buyer which in this case was as Jack had seen the clause in the shop before the contract had been formed. Smithy cannot rely on this exclusion because this exclusion clause is not valid, as it is contrary to the law and not included in the contract. For the purpose of properly incorporated the exclusion clause in the contract, it is necessary that clause must not be stated after the contract has been made. This can be understood through case law Thornton v Shoe Lane Parking Ltd. (1971) 1 All ER 686. In this case court stated that driver of the car who collects the ticket from the machine was only bound by the terms of the ticket if such terms would inform him before signing the contract. In other words, owner of the parking were can rely on the exclusion clause if such clause was already informed to the driver by the owner. In this case, jack is aware about the exclusion clause as it is assumed to be visible behind the counter. Exclusion clause must be legal, which means Act imposed some important obligations on trader which must be compiled by the trader and cannot be excluded through any clause. However, some of these obligations are stated below: Goods supplied by the trader must be fit for the purpose for which such goods are manufactured by the manufacturer. Goods must match with the description of the goods, whether such description is given in writing or verbally. In some cases, seller of the goods provide extra guarantee related to the characteristics, quality, and performance of the goods. It is necessary that goods must match with that special guarantee (ACCC, n.d.). In this case as per s 3, 64, 54 of the ACl the goods were not of acceptable quality which is a legal ability and cannot be excluded In this case a per s54 of the ACL the watch contained nickel which was not fit for the asked purpose for jack and as this is a legal liability it cannot be excluded. It was described by the seller that the watch did not contain nickel which it did and this is a breach of legal liability under s56 and cannot be excluded. In this case, Exclusion clause is not valid because exclusion clause is not legal because it excludes some statutory obligations of the trader. Clause stated on the board exclude the above stated guarantees because employee of smith clearly states that watch is free from nickel. In actual watch contains nickel and it cause severe physical injury to jack. Therefore, smithy cannot rely on this exclusion clause. Conclusion: Smithy cannot rely on exclusion clause because clause is not included in the contract and it is not valid it excludes some statutory obligations of the trader. Answer 4: Law: Section 18 of the ACL states that any person included in trade or commerce must not engage in misleading or deceptive conduct. Section 29 of the Act states that any person in trade or commerce and with connection with the supply of goods or services must not made any false representation related to the goods that goods are of particular standard or particular characteristics. Application: In the present case, employee of Smith make false representation related to characteristics of the goods. As she stated that watch does not include nickel and it is purely manufactured from steel. In actual watch contains nickel and cause severe injury to the Jack. Statement is considered as false representation if such statement include following elements: Seller knows that statement is not right. Buyer enter into contract by rely on that statement. Buyer suffer damage from the representation made by seller. Conclusion: In the present case, all essential elements are present. Therefore, Smith is liable for false representation under section 29. Issue 5: the issue in this case is to find out whether jack is entitled for damages in relation to AusFly and Smithys Fine Jewellers. Law: If the consumer guarantees provided by the ACL are breached the consumers are entitled to gain a repair, refund, replacement of the product. In case of any additional damage caused by the product as it was not fit for the purpose asked the consumers may also claim the additional personal damage. In case of a contractual breach the party has the right to rescind the agreement which meas to repudiate it and also claim compensation for any losses. Application: Under section 23 of the Act, if term is of unfair nature and stated under standard contract, then such term can be considered as unfair term. In this Jack has following remedies: Jack can terminate the contract. Jack claim for damages. In this jack can file claim against the airlines for unfair term in the contract and sue airlines for damages. In case of smith jack can claim for personal injury caused because of the false representation made by smithys employee and the breach of consumer guarantees Conclusion: jack can claim for damages from both Ausfly airlines and smithy jewelers References: ACCC. Consumer Guarantee. Retrieved on 7th September 2017 from: https://www.accc.gov.au/system/files/Consumer%20Guarantees%20A%20guide%20for%20consumers_0.pdf ACL. Terms of a Contract. Retrieved on 7th September 2017 from: https://www.australiancontractlaw.com/law/scope-terms.html ACL. Unfair terms. Retrieved on 7th September 2017 from: https://www.australiancontractlaw.com/law/unfair.html Competition and Consumer Act 2010- Section 18. Competition and Consumer Act 2010- Section 23. Competition and Consumer Act 2010- Section 24. Competition and Consumer Act 2010- Section 29. Director of Consumer Affairs Victoria v AAPT Limited (Civil Claims) [2006] VCAT 1493. eBay International AG v Creative Festival Entertainment Pty Limited (ACN 098 183 281) [2006] FCA 1768. Electronic Transactions (Queensland) Act 2001- section 8. Goldstein v. Jumbo Corporation Limited [2006] VCAT 2472. Harvey v Facey [1893] UKPC 1, [1893] AC 552. Thornton v Shoe Lane Parking Ltd. (1971) 1 All ER 686.
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