Saturday, May 23, 2020
Crystal Definition, Examples, and Common Types
A crystal consists of matter that is formed from an ordered arrangement of atoms, molecules, or ions. The lattice that forms extends out in three dimensions. Because there are repeated units, crystals have recognizable structures. Large crystals display flat regions (faces) and well-defined angles. Crystals with obvious flat faces are called euhedral crystals, while those lacking defined faces are called anhedral crystals. Crystals consisting of ordered arrays of atoms that arent always periodic are called quasicrystals. The word crystal comes from the Ancient Greek word krustallos, which means both rock crystal and ice. The scientific study of crystals is called crystallography. Examples Examples of everyday materials you encounter as crystals are table salt (sodium chloride or halite crystals), sugar (sucrose), and snowflakes. Many gemstones are crystals, including quartz and diamond. There are also many materials that resemble crystals but are actually polycrystals. Polycrystals form when microscopic crystals fuse together to form a solid. These materials do not consist of ordered lattices. Examples of polycrystals include ice, many metal samples, and ceramics. Even less structure is displayed by amorphous solids, which have disordered internal structure. An example of an amorphous solid is glass, which may resemble a crystal when faceted, yet isnt one. Chemical Bonds The types of chemical bonds formed between atoms or groups of atoms in crystals depend on their size and electronegativity. There are four categories of crystals as grouped by their bonding: Covalent Crystals: Atoms in covalent crystals are linked by covalent bonds. Pure nonmetals form covalent crystals (e.g., diamond) as do covalent compounds (e.g., zinc sulfide).Molecular Crystals: Entire molecules are bonded to each other in an organized manner. A good example is a sugar crystal, which contains sucrose molecules.Metallic Crystals: Metals often form metallic crystals, where some of the valence electrons are free to move throughout the lattice. Iron, for example, can form different metallic crystals.Ionic Crystals: Electrostatic forces form ionic bonds. A classic example is a halite or salt crystal. Crystal Lattices There are seven systems of crystal structures, which are also calledà latticesà or space lattices: Cubic or Isometric: This shape includes octahedrons and dodecahedrons as well as cubes.Tetragonal: These crystals form prisms and double pyramids. The structure is like a cubic crystal, except one axis is longer than the other.Orthorhombic: These are rhombic prisms and dipyramids that resemble tetragons but without square cross-sections.Hexagonal: Six-sided prisms with a hexagon cross section.Trigonal: These crystals have a three-fold axis.Triclinic: Triclinic crystals tend not to be symmetrical.Monoclinic: These crystals resemble skewed tetragonal shapes. Lattices may have one lattice point per cell or more than one, yielding a total of 14 Bravais crystal lattice types. Bravais lattices, named for physicist and crystallographer Auguste Bravais, describe the three-dimensional array made by a set of discrete points. A substance may form more than one crystal lattice. For example, water can form hexagonal ice (such as snowflakes), cubic ice, and rhombohedral ice. It can also form amorphous ice. Carbon can form diamond (cubic lattice) and graphite (hexagonal lattice.) How Crystals Form The process of forming a crystal is called crystallization. Crystallization commonly occurs when a solid crystal grows from a liquid or solution. As a hot solution cools or a saturated solution evaporates, particles draw close enough for chemical bonds to form. Crystals can also form from deposition directly from the gas phase. Liquid crystals possess particles oriented in an organized manner, like solid crystals, yet are able to flow.
Monday, May 18, 2020
William Faulkner s A Rose For Emily - 1142 Words
Monumental Decay William Faulknerââ¬â¢s ââ¬Å"A Rose for Emilyâ⬠, set in the Antebellum South, is a Southern Gothic short story littered with a contingent of iconic, significant and monumental supporting characters. From the gregarious Homer Barron to the taciturn Tobe, these characters are characterized by their symbolism and their pivotal influence on the underlying themes in ââ¬Å"A Rose for Emilyâ⬠. One such character, who is particularly monumental due to its inanimateness, is the Grierson Household itself. Because of the denigration of its surroundings, its exterior and its interior, the fall of the Grierson Household represents the death of the prosperity of the Antebellum South. I. Our first glimpse at the relationship between the disenfranchisement of the Grierson Household and the fall of the prominence of the South is through the debasement of the surroundings of the Grierson Household. A. Faulkner starts by explaining that the Grierson House was set on one of Jeffersonââ¬â¢s most select streets (301). 1. This street, just like the all of the property resting on its borders, had fallen from the prominence and wealth it had once realized. 2. The street Miss Emilyââ¬â¢s house rested on was for the most part deserted after the Civil War, with the exception of the Grierson House. a. This spectacle reflects the abandonment of the once prosperous plantation economy of the South by the bulk of its most vital constituent, the once enslaved African Americans. Dykeman and Stokely ââ¬Å"state that theShow MoreRelatedWilliam Faulkner s A Rose For Emily951 Words à |à 4 Pagesliterary Response to ââ¬Å"A Rose for Emilyâ⬠ââ¬Å"A Rose for Emilyâ⬠by William Faulkner was published in 1930. This short story is set in an old southern town. I believe that this and several other combinations of events are what made the main character Miss Emily go insane. Miss Emily was an old school southern woman trapped in a modernizing society. She tried desperately to keep to her old ways, but the changes that happened around her were inevitable. This made me feel like something was going to goRead MoreWilliam Faulkner s A Rose For Emily1316 Words à |à 6 Pagesminuscule detail in the writing. In order to fully enjoy William Faulknerââ¬â¢s ââ¬Å"A Rose for Emilyâ⬠readers must do the latter. Faulkner is a witty writer; some symbols are less obvious than others in his writing. To fully appreciate and obtain full meaning of the text readers must pay attention to his symbols and how they contribute to the greater theme. William Faulkner uses symbolization in ââ¬Å"A Rose for Emilyâ⬠to develop a theme of personal struggle. Emily faces many personal struggles: her relationship withRead MoreWilliam Faulkner s A Rose For Emily1181 Words à |à 5 Pages Is William Faulkner s A Rose for Emily iconic American literature? Faulkner uses setting, theme and plot to show the ways ââ¬Å"A Rose for Emilyâ⬠is an iconic American literature. Faulkner saw the Forum magazine with his short story he wrote, ââ¬Å"A Rose for Emilyâ⬠and found out that was his first national publication. The Mississippi Writers Page says, ââ¬Å"The man himself never stood taller than five feet, six inches tall, but in the realm of American literature, William Faulkner is a giantâ⬠(MWP). Read MoreWilliam Faulkner s A Rose For Emily1528 Words à |à 7 Pagespoint of view is A Rose for Emily told? Why? In William Faulkner s short story A Rose for Emily the reader is given the account of an old woman who is rejected by society. The reader is acquainted with Miss Emily Grierson by a spectator, somebody who is not Miss Emily, but rather part of the town that rejects her. The storyteller has a somewhat omniscient perspective, knowing more than the normal town s individual, however not all that matters there is to think about Miss Emily. The storytellerRead MoreWilliam Faulkner s A Rose For Emily1801 Words à |à 8 Pages William Faulkner is known for his many short stories, however, many has wondered what has influenced him in writing these stories. Like his well known, most famous short story ââ¬Å"A Rose for Emilyâ⬠, which has always been compared to ââ¬Å"Barn Burningâ⬠, one of Faulknerââ¬â¢s other short story. It only make sense to compare them two together because these two stories has may similarities , whether it may be in setting , characters or style they favor each other . Nevertheless they also have many differencesRead MoreWilliam Faulkner s A Rose For Emily957 Words à |à 4 PagesBereavement While a ââ¬Å"Rose for Emilyâ⬠by William Faulkner and ââ¬Å"A Good Man is Hard to Findâ⬠by Flannery Oââ¬â¢Connor share the common themes of unexpected death and the old south, the murders found in each story are vastly different. Both stories tell of strong female protagonists who donââ¬â¢t cope well with change and both foreshadow death right from the beginning, but the murderers themselves come from completely different worlds. Emily Grierson of ââ¬Å"A Rose for Emily and the grandmother in ââ¬Å"ARead MoreWilliam Faulkner s A Rose For Emily879 Words à |à 4 Pagesare both similar due to how these emotions cause a human to act irrationally. The lone woman in A Rose for Emily and the cashier, Sammy, in A P both portrayed a greater sense of hate which overcame their love. We as humans, capable of powerful emotion typically act too quickly to even understand the consequences of our actions. One prime example is portrayed in William Faulknerââ¬â¢s A Rose for Emily, Emily loved Homer tremendously, however he did not feel the same way â⬠he liked men, and it was knownRead MoreWilliam Faulkner s A Rose For Emily1682 Words à |à 7 PagesLyons Professor Amy Green Writing about Literature COM1102 Oct. 06, 2015 William Faulkner s A Rose for Emily is a short story that has also been adapted into a short film; both have been largely debated. Faulknerââ¬â¢s lack of a normal chronology and situation-triggered memories generates a story that has many understandings among its readers, but surprises everyone at the end. When asked about the title of his story, Faulkner said, [The title] was an allegorical title; the meaning was, here was aRead MoreWilliam Faulkner s A Rose For Emily854 Words à |à 4 Pages Literary Response to ââ¬Å"A Rose for Emilyâ⬠ââ¬Å"A Rose for Emilyâ⬠by William Faulkner was published in 1930. This short story is set in an old southern town. I believe that this and several other combinations of events are what made the main character Miss Emily go insane. Miss Emily was a old school southern woman trapped in a modernizing society. She tried desperately to try and keep to her old ways, but the changes were inevitable. This made me feel like something was going to go wrong very early inRead MoreWilliam Faulkner s A Rose For Emily1810 Words à |à 8 Pages William Faulkner is one amazing writing ,who is known for his many short stories .However, many has wondered what has influenced him in writing these stories . Like his well known, most famous short story ââ¬Å"A Rose for Emilyâ⬠, which has always been compared to ââ¬Å"Barn Burningâ⬠, one of Faulknerââ¬â¢s other short story. It only make sense to compare them two together because these two stories has may similarities , whether it may be in setting , characters or style they favor each other . Nevertheless
Monday, May 11, 2020
Economics and Health Care - 1520 Words
Kevin Pine Eco310 Professor Ambrose Test 2 1A. Market failure is a situation in which the allocation of goods and services is not efficient. In any given market, the quantity of a product demanded by consumers does not equate to the quantity supplied by suppliers. This is a direct result of a lack of certain economically ideal factors, which prevents equilibrium. Some major reasons that a free, unregulated market in medical care might night be optimal are: Imperfect information, asymmetric information, barriers to entry, and third-party payers. * Imperfect information is a major reason because in medical markets, patients are not fully informed about virtually every aspect of the medical transaction. These patients are forcedâ⬠¦show more contentâ⬠¦1B. In the real world, a perfectly competitive market rarely exists. One or more assumptions are violated in most markets and this is certainly the case in the pharmaceutical market. * Monopoly Power. Pharmacists often face questions from patients regarding how prices of medications are determined and why, in some cases, they are so expensive. Unlike markets for other goods, in the pharmaceutical marketplace there are a limited number of manufacturers and the medication being sold are not identical, but rather are differentiated. There is a guarantee via patent protection that no potential c ompetitor may manufacture an identical drug and sell it at a lower price in the short run. As a result, the branded manufacturer is able to make profits. Since there is only one seller, the monopolist determines the price of the medicine. This establishes the monopolist as a price setter, permitting prices above the perfectly competitive price by controlling the quantity of medication produced in the marketplace. This is in stark contrast to being a price taker, and accepting a price established within a perfectly competitive marketplace. The end result is that prices are higher under these market conditions than they would be in a purely competitive marketplace. * Barriers to Entry. A number of factors allow a pharmaceutical manufacturer to act as aShow MoreRelatedHealth Care Economics1197 Words à |à 5 Pagesis put into it. Economics certainly apply to health care and the way that health care is administered in our country during this time. To ignore such a vital part of our eco nomy would be disingenuous and dishonest. The purpose of this essay is to examine the relationship between the economy and the health care system. The essay will also investigate this issue by examining the statistical methods that contribute to the measurements of the economic factors that affect the health care system. In orderRead MoreEconomics : The Financing Of Health Care1379 Words à |à 6 Pages Thomas Gordon Healthcare Economic History ECONOMICS: THE FINANCING OF HEALTH CARE March 2, 2016 Lena Watson Health Care History The United States HealthCare System is pushing and getting ready to have a huge reformation. It is evolving on a major substantial evolution from its organization, management structure, and payment structure. The economic component of healthcare is equally important to better understanding the order to structure stature and is very successful. InRead MoreHealth Care Financing And Economics1123 Words à |à 5 PagesHealth Care Financing and Economics Health care systems around the world are struggling with rising costs and unequal quality of care and many solutions like error reduction, enforcing practice guidelines and implementation of Electronic Medical Records were tried without much effect (Porter Lee, 2013). The primary goal of any Countryââ¬â¢s health care system is to provide high qualityRead MoreThe Health Care Economic Impact1559 Words à |à 7 PagesThe Health Care Economic Impact Alzheimerââ¬â¢s disease affects an astounding number of people in the U.S and majority of those are senior citizens, which has a significant impact on the economics of the health care system. Many people over 65 use Medicare insurance to pay for their Alzheimerââ¬â¢s expenses, and some use Medicaid, which puts the cost on the health care economy even higher. In 2015, the direct costs to American society of caring for those with Alzheimer s specifically, will total an estimatedRead MoreImplications Of Health Economic Concepts Of Health Care.1313 Words à |à 6 PagesImplications of Health Economic Concepts of Health Care Healthcare is an industry that encompasses various factors to ensure that itââ¬â¢s operating efficiently. Health care professionals have an obligation to comprehend the role that health economics plays in regards to the demand and utilization of health care. The government plays an enormous part in areas such as financing and the delivery of care; therefore, the organizationââ¬â¢s decision maker must learn the economic functions and its benefits toRead MoreEconomic Terms and Health Care History879 Words à |à 4 PagesEconomic Terms and Health Care History In this paper the author will describe the history of health care economics along with the evolution and timeline of health care funding. Gaining insight from economical terms can assist with understanding the history and future changes; terms such as, elasticity, inelasticity, supply and demand. Health care costs are changing over the years and by understanding the history of health care economics will help individuals be prepared for future amendmentsRead MoreHistory and Evolution of Health Care Economics Essay873 Words à |à 4 PagesEvolution of Health Care Economics Lauren Michaud HCS/440 Eric Oestmann August 12,2012 History and Evolution of Health Care Economics Healthcare economics has drastically changed over the years. It makes up for one sixth of American budget (Johnson, 2009). Health care economics has drastically changed partly due to new advances in technology over the years. Money is the factor of health care economics. Money drives economics and makes up health care and how far it can go. Economics will continueRead MoreSocial Political And Economic Issues Of Health Care1290 Words à |à 6 Pages The Primary Care Clinic Name Professor Institution Course Date Social Political and Economic Issues in Health Care Mission statement: To provide the best medical attendance and facilitate the public with better medical treatment for the betterment of a healthier population. The first issue definitely is the cost of healthcare. Research shows that rates are rising by day and citizens are paying more for healthcare than many countries in the world (Kastor, 2005). ThisRead MoreHistory and Evolution of Health Care Economics Essay936 Words à |à 4 PagesEvolution of Health Care Economics University of Phoenix History and Evolution of Health Care Economics Health care economics have drastically changed over the course of history in the United States. While some can contribute these changes due to the evolutionary changes the US has undergone since her inception, the major contributing factors that influence the changes in health care economics are advances in technology and medical care. By understanding the history of health care economicsRead MoreHow Does Economics Affect Global Health Care739 Words à |à 3 Pages Impact of Economics on Global Health Care Tatyana Kislyak University of Providence Impact of Economics on Global Health Care United States of America (USA) is a leader in healthcare spending (Holtz, 2013). The cost of the healthcare per capital is the highest in the world. The USA pays about $5267 per person annually for healthcare (Holtz, 2013). Insurance-based healthcare system is not working to the fullest potential, and this system is not cost-effective. Even though Americans have
Wednesday, May 6, 2020
Crime Prevention - 1330 Words
Crime Prevention 1 Crime Prevention TuLisha Blackshear CJ212 Crime Prevention Professor Sperling March 9, 2010 Crime Prevention 2 Crime is an ever growing problem in our society. Law enforcement officers put themselves at risk on a daily basis in their quest to apprehend suspects and attempt to deter crime. I will be discussing the components and concepts of crime prevention throughout the course of this essay. Crime prevention is the attempt to deter crime and reduce the victimization of our community resulting in a sense of safety in todayââ¬â¢s society. According to the Crime Prevention Coalition the formal definition of crime prevention is ââ¬Å"a pattern of attitudes and behaviors directed both at reducingâ⬠¦show more contentâ⬠¦There are numerous programs offered to help deter our youth from becoming career criminals. Among these are the, McGruff Club which is a ââ¬Å"crime prevention and safety education program for children who are between the ages of six and ten. Through the McGruff Club, children become engaged in their communities and learn about safe ty while having fun with their friends and adults who care for them; the Be Safe and Sound in School (B3S), an initiative of the National Crime Prevention Council conducted in collaboration with the Bureau of Justice Assistance, U.S. Department of Justice; the Teens, Crime, and the Community program that believes smarter youth make safer communitiesâ⬠(NCPC, 2012). Our children are our future and must be taught to become upstanding members of society instead of being left alone or ignored, thus becoming criminals. New programs have been developed to aid in the prevention of crime across the globe to teach people that crime does not pay and if you do the crime, you will do the time. ââ¬Å"The Center for Crime Prevention and Control fosters innovative crime reduction strategies through hands-on fieldwork, action research, and operational partnerships with law enforcement, communities, social service providers, and otherShow MoreRelatedCommunity Policing, Crime, Prevention, And Prevention1280 Words à |à 6 Pagesstarted in the United States around the late 1980ââ¬â¢s entering the 1990ââ¬â¢s, it focused on the needs of the community and building trust between the community members and peace officers. Community Policing addresses issues such as public safety, crime prevention, along with fear and social disorder (COPS, 2005). By addressing issues in law enforcement, they can implement organizational strategies, utilize partnerships and direct people to more public resources. Also, they fi nd and use problem-solvingRead MoreCommunity Policing And Crime Prevention1569 Words à |à 7 Pages Everyone has a different opinion whether community policing or crime prevention is more effective in making our society better. In my paper I will be explaining thoroughly what both are how they work the differences and the goods and badââ¬â¢s and what is being used here at home. I will be talking first about Community Policing many individuals ask the question. Can one officer really change a community ? Well the answer is yes. Community Policing is defined as involving three key components whichRead MoreCrime And Crime Prevention Programs1821 Words à |à 8 Pagessince the 1990ââ¬â¢s there has been a decrease in crime. Although, there are many plausible reasons for the decrease in crime such has employment rates, age, economic improvement, or culture variation. However, two other factors play a part in the crime decrease such as a result of better policing methods. Crime prevention programs have been developed and used all over the United States. Over the years, these dif ferent prevention programs help contribute to crime decrease. They also have been a great successRead MoreCrime And Crime Prevention Programs2354 Words à |à 10 Pagesorder. However, criminal activities can be mitigated. The history of crime is as old as the beginning of life itself. In every generation of time, we learn of people who engaged in crimes against the law and who were punished in accordance to law of the lands in which they lived. Today, methods of mitigating crime have greatly improved, so has the methods of committing crime. Itââ¬â¢s a delicate game. The reception of crime prevention programs has however been on the rise and people are beginning to seeRead MoreCrime Prevention Division Essay969 Words à |à 4 Pagesdepartments is the Crime Prevention Division. In 1972, the original Premise Protection Squad turned into the Crime Prevention Squad. Over the course of six years that squad grew into the Crime Prevention Section (NYC.gov, N.d.). The Crime Prevention Division is comprised of four sub-units; the Borough Liaison Team, the Training Team, the Security Team, and the Special Projects Team (NYC.gov, N.d.). This division is aimed at helping the citizens and businesses of the City of New York with crime deterrent programsRead MoreCrime, Prevention And Reduction903 Words à |à 4 PagesWhilst studying Crime, Prevention and Reduction, I have learnt about different strategies and theories which relate to policing and how crime can be reduced and prevented. There are many different agencies which work alongside the police to tackle crime. These agencies are; NHS Trust, counselling, local councils, and education services. There are also many different theories which I researched throughout this module which can help reduce crime. The theories which are related to policing are, hotspotRead MoreSituation Crime Prevention614 Words à |à 3 PagesSituational Crime Prevention There are many strategies that can be considered situational crime prevention strategies. Pick one of the following crime reduction strategies. 1. Improved Street Lighting 2. Surveillance Cameras on street 3. Use of access control for buildings 4. Electronic merchandise tags 5. Red light cameras After picking one of the 5 techniques outlined above do some research on it. First state what the techniques does and why it would be hypothesized to decreaseRead MoreEssay on Approaches to crime prevention1666 Words à |à 7 Pages Approaches to crime prevention have emerged over time and are demonstrated in different solutions, practices, and policies executed by law enforcement, courts, corrections, family, and community. Some of the dominant approaches to crime prevention currently used by law enforcement, courts, corrections, family, and community are: situational crime prevention, crime prevention through social development, crime prevention through environmental design, community crime prevention, reduction of recidivismRead MoreSurveillance for Crime Prevention Essay1603 Words à |à 7 Pagesof becoming the victim of a crime? Reality is that we as individuals of the United States only have a two-percent chance of becoming the victim of a violent crime. Surveillance is starting to become high in demand for businesses, offices, and even inside and outside of homes solely because we are taught that crime is always happening to someone, somewhere. From personal experience, I feel as if surveillance cam eras are not only one of the best ways to prevent crime, but it also increases the possibilityRead MoreApproaches to Crime Prevention Essay1036 Words à |à 5 PagesFor Crime Prevention Jamal Sanchez Bush Crime Prevention CJ212 June 21, 2011 Introduction Crime prevention has influenced by so many fields like sociology, psychology, criminology, urban planning and design, health care, education, community development, economics social work, among the others. This paper focuses on the dominant approaches to crime prevention which is currently used by law enforcement, courts, and corrections. The dominant approaches to crime prevention
APUSH Extra Credit Free Essays
In the United State s of America . From 1998 to the present, this country has strayed away from the ideals pre sensed within the Declaration of Independence. Three major ideas expressed in the Declared ion were the natural laws giving the people the right to assert political independence as long as the e reason for doing so is Justified, the Inalienable rights of people to life liberty and the pursuit of h peppiness, and the purpose of government to protect these rights and In case of failure to do so e abolished. We will write a custom essay sample on APUSH Extra Credit or any similar topic only for you Order Now These three examples, the Republic of Lookout, the excellently Issue, and the numb ere of militias around the united States give evidence to the claim that the united States ha s moved further away from the main ideas within the Declaration of Independence. The Republic of Lookout claims to exist today in the states of North Dakota, South Dakota, Nebraska, Montana, and Wyoming. It is the supposed homeland of the Alack a Native American tribe. It is not recognized by the federal government of the United States. I n 2007, the Lookout Freedom delegation, led by Russell Means, traveled to Washington where he submitted statement declaring Independence from the U. S. The reason professed by the Alack ah Is that they were never a part of the country and were being ruled by force. From a legal sat endpoint the Lookout claim to have always been a sovereign nation under Article Six of the Consist caution. The Lookout have provided legitimate reasons to exercise their right to secede from the U. S. Claims made by the Lookout have not been taken seriously by Congress. By seemingly ignoring Eng the pleas of the Lookout, Congress Is Ignoring the natural law outlined In the Declaration of Independence thus making itââ¬â¢s way further from the ideals held sacred in the dotcom How to cite APUSH Extra Credit, Papers
Facets of Unconscionability In Law Samples â⬠MyAssignmenthelp.com
Question: Discuss about the Facets of Unconscionability In Law. Answer: Unconscionability, also referred to as unconscionable conduct, is usually found under the contract law; though, these are not restricted to thecontract law and can also be found instatutory laws like the Australian Consumer Law. So, unconscionability is not limited to the common law and is also present in the statutory laws (Vout, 2009). Unconscionability is basically such term in the drawn contract whereby one of the parties to the contract is dominated by the other party of the contract. This is possible due to the other party holding a superior bargaining power against the person who is at a weaker position (Latimer, 2012). This is particularly wrong as it is not ethically correct. Unconscionability is present in such relationship where there are two parties, in which one is the dominating one and the other is the weaker one. As a result of this, unconscionability is often mixed with the vitiating factors like undue influence and duress. Under the contract law, unconscionability a llows the dominating party to take advantage of the weaker party due to the special disability held by the weaker party. Some of the special disabilities include age, less education, illiteracy and the combination of these. This special disability allows for the weaker party to be oppressed and to be dealt in a harsh manner (Clarke, 2018a). This discussion is focused on highlighting the different facets of unconscionability particularly in context of the common law and the statutory law of the nation. In doing so, the established case laws and the use of this in the commercial world would be highlighted. When a case of unconscionability is present under the common law of contract, the contract becomes voidable at the request of the weaker party. As a result of this, the undertaken transaction is set aside and the dominating party is no longer able to take advantage of the situation (Clarke Clarke, 2016). There are a number of case laws which prove to be an example of unconscionability not being tolerated. Particularly in context of Australia, the leading example of unconscionability is the case of Commercial Bank of Australia v Amadio(1983) 151 CLR 447. The reason for the significance of this case is not just because this case involved unconscionability but also because this case became an important lesson for the banks in the nation, to not be indulged in such conduct, which could prove costly for them. This case had a mortgage being signed for securing the loan for the son of A by them. A were never informed of what was going on or even about the details of this mortgage. A did no t know English that much due to them being Italian and this made them almost illiterate. When an attempt was made by the bank for seizing the home which had been kept as a mortgage, A challenged the validity of this mortgage. The court analysed the entire case and gave the ruling in As favour due to unconscionability being present here. The special disability which led to the presence of unconscionability in this case was the almost illiteracy of A (Clarke, 2018b). There is another prominent case law which shows the court taking a strict approach against unconscionability and this is the case of in Louth v Diprose (1992) 175 CLR 621; [1992] HCA 61. Diprose in this case had been infatuated towards Louth and to show his affection, he used to give Louth a number of gifts. When Diprose proposed to Louth, she did not accept the proposal. After some time had passed, Louth told Diprose that she was very upset due to her inability in paying the money for her home. As a result of this, she was facing eviction. This would mean that she would not have a home to live in, and ultimately she would end her life. However, most of this was false. Due to the emotional pressure exerted by Louth on Diprose, he agreed to purchase the house for Louth; and due to instance of Louth, the name of Louth was put on the documents. After some years lapsed, the relation between the two was damaged and ended. Diprose then asked Louth to transfer the home which he had brought for her in his name, as he had made the payment for the house. However, Louth denied to do so and this led to Diprose initiating a suit against her. When the matter was presented before the court, they stated that Diprose had to be given the entitlement to the land for the reasons of him having brought the same and given to Louth due to her use of unconscionability. The succeeding appeals to this matter were also declined b the court due to the misuse of the emotional state of Diprose by Louth (Clarke, 2018c). Till now, the unconscionability was discussed in context of the common law, but now the discussion would move on to the statutory law of Australia, which provides the provisions against unconscionability. The Australian Consumer Law (ACL), which is covered under schedule 2 of the Competition and Consumer Act, 2010 presents the provisions against unconscionability. Section 21 of the ACL places a restriction on the ones indulged in trade and commerce, from indulging in unconscionable conduct, when the goods and services are supplied in business transactions (Austlii, 2018). When it comes to unconscionability, the situations surrounding the transaction is what decides its presence or absence (Coorey, 2015). An example of this can be cited in the individual not being provided with sufficient time for going through a contract to be signed by them. Under section 22 of the ACL, the various factors which have to be considered by the court for holding the presence of unconscionability. Where the presence of unconscionability is found in the business, the penalty on individuals is imposed to a maximum of $220,000 and this value for the body corporate stands at $1.1 million owing to the undertaken unconscionability (Corones, 2012). An example of unconscionable behaviour being used by the vendor in Australia is that of Australian Competition and Consumer Commission v Nuera Health Pty Ltd (In Liquidation) ABN 97 113 678 452 [2007] FCA 695. In this matter, allegations were made against NuEra Health Pty Ltd by ACCC, along with against the family members who operated the company, for being indulged in unconscionable conduct while marketing RANA system. This product was marketed to the highly vulnerable consumers while they were signing up for paying the substitutive cancer treatments. This system was a substitute approach to the cancer treatment, as a result of which the cancer patients got hope. This system had a range of services and products and the costs of all these was nearly $35,000. It was falsely claimed in the marketing of this system by the company that the cancer could be stopped, reversed, or cured and was based on science. However, all this was not true. This led to the Federal Court of Australia deemi ng the conduct of NuEra Health Pty Ltd as unconscionable under the erstwhile statute of Trade Practices Act. This was deemed as a reprehensible kind, which revealed the heartless and cynical exploitation. This led to the court putting a complete restrain on the company and the family running the company from engaging in any sort of offending conduct (ACCC, 2014). During the mid of 1998, a number of reforms were being put forth in the financial service sector. The main duties in these amendments were for the protection of small businesses and the consumers in this sector. The principles stated above were respectively applied in the financial services contracts and this was determined by considering the particular exclusions and the definitions covered under the three key sections of ASIC Act, 2001, i.e., sections 12CA, CB and CC (Federal Register of Legislation, 2017). This act clearly defined the financial products and services and these provisions were mirrored in the ACL, as a result of which, there was a similarity in the compliance obligations regarding the financial services being dealt with (Pearson, 2009). In a number of industry based legislative schemes, there was a specific restriction placed on unconscionability. There are a number of examples of this and includes the panel being asked to review the legislation which govern the retail tenancy in the prohibited areas for such conduct by the parties to retail lease. As touched upon earlier, there is a similarity in the different statutes where the different services are governed. The majority of these, however, find their place in the leading sections of ACL. It is not up to the courts to decide on a good or bad bargain being made; they only seek the change through which the personal benefit was attained by the person. The Commercial Bank of Australia v Amadiocase is a leading example of the courts being reluctant when they have to enforce the unfair or unequal agreements. As a result of this, the legislation had been developed for the financial sector and for safeguarding the consumers of the nation (Law Teacher, 2018). Other than the ASIC Act and the ACL, there are other legislations putting up similar prohibitions for the unconscionability and amongst this is the Fair Trading Acts. These legislations, of the states and territory, are mirrored in the ACL provisions (Morandin Smith, 2011). The theme in these is that the businesses have to know that there are statutory protections being forwarded to the individuals and where unconscionability is undertaken with the consumers, they have a range of avenues to protect their interest. Even though this legislation is applicable only for individuals and not on companies, but section 43 of this act does cover the unconscionability undertaken by the traders against the consumers (Campbell, 2013). When it comes to the provisions of unconscionability, some entities become positive towards it and the others provide their criticism to it. Amongst the different bodies which presented their view point on unconscionability is the Financial and Consumer Rights Council Inc. (FCRC), which has presented its support for the unconscionability provisions being present in the ACL. This was due to the commonality of unfair terms in standard contracts, as a result of which the consumers were left with very less power for bargaining. Due to these reasons, the proposal for prohibiting unconscionability in contract was put forth. As per FCRC, this would have allowed the consumers to be sure that they were protected through the ACL provisions, particularly where they were at a high risk of unfair practices. The FCRC also presented recommendations in this regard, particularly regarding the retaining of title for goods suppliers, where the goods could not be removed without any kind of damage and t he suppliers being allowed to get the possession of the goods. The reason for this was the repossession being an intimidating task for the consumers which particularly is disadvantageous for the vulnerable consumers. The consumer group here included the non English speaking individuals, elderly and the other vulnerable groups (FCRC, 2018). To sum up the entire discussion and to get to the conclusion, unconscionability is something which is prohibited under the common law and also in the statutory laws of Australia. These laws protect the individuals against being taken advantage of, in their dealings, where they hold the position of weaker party, and the dominating party misuses their position, for furthering their benefit, at the cost of the benefit of the weaker party. There are a number of cases, as highlighted upon in the previous segments, which shows the strict approach adopted by the courts against the individuals and the entities involved in unconscionability. The historical background of unconscionability in Australia, along with its presence under the different laws further highlights the significance and the strictness adopted by the courts against unconscionability. These provisions were brought forward due to efforts of entities like the FCRC and the rising number of cases where unconscionability was being used by the financial institutions. Thus, the unconscionability provisions do offer wholesome protection to the consumers in the nation. References ACCC. (2014). Business snapshot. Retrieved from: https://www.accc.gov.au/system/files/217_%20BS%20Don't%20take%20advantage%20_FA_Web_Nov-2014.pdf Austlii. (2017). Competition and Consumer Act 2010 - Schedule 2. Retrieved from: https://www.austlii.edu.au/au/legis/cth/consol_act/caca2010265/sch2.html Campbell, D. (2013). International Consumer Protection, Volume 1. New York: Springer. Clarke, J. (2018a). Unconscionable Conduct. Retrieved from: https://www.australiancontractlaw.com/law/avoidance-unconscionable.html Clarke, J. (2018b). Commercial Bank of Australia v Amadio. Retrieved from: https://www.australiancontractlaw.com/cases/amadio.html Clarke, J. (2018c). Louth v Diprose. Retrieved from: https://www.australiancontractlaw.com/cases/louth.html Clarke, P., Clarke, J (2016). Contract Law: Commentaries, Cases and Perspectives (3rd ed.). South Melbourne: Oxford University Press. FCRC. (2018). Submission. Retrieved from: https://archive.treasury.gov.au/documents/1501/PDF/Financial_and_Consumer_Rights_Council.pdf Federal Register of Legislation. (2017). Australian Securities and Investments Commission Act 2001. Retrieved from: https://www.legislation.gov.au/Details/C2017C00326 Latimer, P. (2012). Australian Business Law 2012 (31st ed.). Sydney, NSW: CCH Australia Limited. Law Teacher. (2018). Unconscionable Conduct In Australia. Retrieved from: https://www.lawteacher.net/free-law-essays/contract-law/unconscionable-conduct-in-australia-contract-law-essay.php Morandin, N., Smith, J. (2011). Australian Competition and Consumer Legislation 2011. NSW: CCH Australia. Pearson, G. (2009). Financial Services Law and Compliance in Australia. Victoria: Cambridge University Press. Vout, P.T. (2009). Unconscionable Conduct: The Laws of Australia (2nd ed.). Pyrmont, NSW: Thomson Reuters.
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