Monday, January 20, 2020

What Caused The Financial Crisis? Essay -- Economics

The roots of the financial crisis can be traced back to the property asset bubble in the US between 1997 and 2006. This asset bubble was enabled by a poorly regulated subprime mortgage industry and the assumption that property prices would continue to rise. The collapse of the property bubble and subsequent foreclosures led to many financial institutions suffering huge losses due to their exposure to the subprime market through a series of innovative and complex investment vehicles. While these investments carried extra risk, they also gave the opportunity for massive short term returns, and the move to these riskier and more complicated financial investments may have been facilitated by a ‘too big to fail’ mentality by many US financial institutions. The collapse of the property bubble and uncertainty in the markets led to a run by depositors and a sudden loss of funding for banks day to day activities. Due to the dependence of the interbank lending market for short term funding, these banks were unable to fund their day to day operations and some collapses, (Lehman Brothers) while others were bailed out by the US government (AIG). Such a loss of confidence within the financial industry eventually led to banks operating a more cautious approach to lending and ensured a severe reduction in the availability of credit, both to other banks and consumers. I will look at the how subprime lending, assisted by expansionary macroeconomic policies and lenient regulatory supervision, eventually morphed into a full financial crisis rather than the view that such crises are cyclical in open market economies and are part of the boom and bust characteristics of capitalism. Sub-prime Mortgages and the Building Blocks of the Financial Crisis .. ...pubs/ft/fandd/2008/06/dodd.htm Carmassi, J, Gros, P and Micossi, S. The Global Financial Crisis: Causes and Cures. Journal of Common Market Studies. Vol.47, No.5, pp. 977-996, 2009. Available at: http://www.relooney.info/SI_FAO-Asia/Global-Crisis_23.pdf Blakenburg, S and Palma, J.G. Introduction: the global financial crisis. Cambridge Journal of Economics. Vol.33, pp.531-539, 2009. Available at: http://cje.oxfordjournals.org/content/33/4/531.full.pdf+html Online Publications Inman, P. Easy money hits home with lenders facing  £250bn losses. The Guardian Online, July 10th, 2007. Available at: http://www.guardian.co.uk/business/2007/jul/10/usnews.internationalnews1?INTCMP=SRCH Baldwin, R. Excessive risk-taking by Banks. Wall Street Pit. Global Market Insight, April 9th, 2012. Available at: http://wallstreetpit.com/90959-excessive-risk-taking-by-banks

Sunday, January 12, 2020

General Internet Skills

General Internet Skills Using the Internet for Academic Purposes As a student I need to have general internet skills to survive at the University of Phoenix. These skills include†¦ ? Understanding what the purpose of the browser is. ? Understands the general structure of a website address. ? Understands the key features of a web page. ? Understands browser features such as; address bar, home buttons, history, etc. ? Knows how to use key words in a simple search. ? Understands how to navigate and use the University of Phoenix Student Portal. ? Understands how to choose a information from a credible website. Knows how to cite any electronic references from information used. Appropriately Communicating with Different Audiences As a student of University of Phoenix, it is important that I learned how to communicate with different audiences.I can do this by using formal communication. It is important that I communicate with the instructors in a formal way. Formal communication is ver y professional. Students should not speak with instructors as they would their family members and friends. Students should be very respectful when speaking with instructors, being exact and specific, leaving no room for misinterpretation. pic] University of Phoenix and University Library Resources The University of Phoenix’s mission is to help students achieve their professional goals, improve the productivity of their organizations, and provide leadership and service to their communities. They strive to do this by providing access to higher education opportunities that enable students to achieve these goals. Since becoming a student at the University of Phoenix, I have taken advantage of the resources offered in the Library. I will continue to use the resources throughout my journey at University of Phoenix.The University offers extensive contents and services for research, media library, Center for writing excellence, Center for mathematics excellence, and Phoenix Career Se rvices. The Center for writing excellence offers different tutorials and guides for student improvement, they are very useful. It also offers WritePoint. WritePoint is a review service that is available to students and also faculty. It allows a student to submit a paper and the system automatically reviews it and offers suggestions for improvements. Along with the WritePoint, the Center for writing excellence offers a Plagiarism Checker.It helps the student understand where they are with plagiarism when they are doing an essay. The University Library offers peer reviewed academic journal. Many instructors prefer for students to use research information from the University library. The University of Phoenix offers many other resources that are useful. All of them are great to use, so I will continue to take advantage of them all. [pic] Upholding Academic Honesty It is important as a student at the University of Phoenix to uphold academic honesty. As a student I will continue to be or iginal when completing assignments.The University Of Phoenix Student Code Of Academic Integrity states that Academic dishonesty threatens the integrity of individual students as well as the University’s academic community. A sign of academic dishonesty is plagiarizing. I will continue to remain original and use the plagiarism checker. [pic] Setting and Achieving Goals As a full time student with a full time job, I had to learn to set short term and long term goals. It is important to set goals because it allows me to get better results. It puts me on the fast track and it also allows me to work smarter.I set goals because I am trying to get a better job to provide better for my family. I have just completed my short term goal, which was to complete the Effective Teaching Training so that I can gain experience in teaching in the classroom. Throughout the rest of the time here at University of Phoenix, I will continue to set goals and achieve them. My main goal is to complete s chool and earn an Associate in Elementary Education. [pic] Managing Time Wisely I have had a tough time adjusting to the online school environment. I am still learning how to manage my time wisely.I always try to evaluate my schedule and how I spend my time. I work a third shift job, so I spend most of my time sleeping throughout the day. I have been told that I need to have at least 24 hours a week to study. Although it is hard for me to spend 24 hours because of my job, I do try to do at least 15 hours. I will start to use my time wisely on my days off. I will try to keep my schedule clear so that I can concentrate on my school assignments. I will also prioritize and try to get organized. I will be sure to not try to complete every assignment all at once. I will be sure to work on assignments when I am not tired.I will also be sure that I am in a quiet and comfortable environment. I will be sure to use all of these tips in my future classes. [pic] Fostering reading comprehension a nd retention In order to read effectively, I must follow the SQ3R guide. This guide provides the reading and learning strategy that helps me think critically. I will focus on key points in the readings. In order for me to follow along with my readings, I will be sure to highlight important notes. I will make sure that I am in a quiet area so that I can avoid distractions. Choosing the right environment setting to read is important.All of these tips will help me in my future classes and in my career. [pic] Adapting work habits to fit your personality I think that knowing my strengths and weaknesses help me understands where I need to apply myself more. With my personality, I am more comfortable listening to music while I am studying. I also like to be in an environment away from other people. I cannot concentrate if I have others around me talking. I take breaks when I am studying because if I sit in one spot too long, then I lose focus and concentration. I will continue to apply my personality to my work habits because it helps me improve my studies.

Friday, January 3, 2020

Applying For Government Assistance Immediately - 1039 Words

Apply For Government Assistance Immediately Applying for government benefits when you don’t need it will definitely turn you into a failure. On the flip side, there’s absolutely nothing wrong with using government benefits as a crutch to get on your feet. But when it’s your end all be all, there’s a serious problem. Some people become extremely content with being on government benefits to the point they become bored. Their minds start wondering, fixated on the 1st of the month and the 15th checks. Some extreme welfare recipients have come up with legal ways to receive their checks on the 27th of the month through direct deposit. Illegally, some use their checks to buy narcotics and flip the drug money. Some even claim other people s kids†¦show more content†¦Let’s get started: Become Addicted To Pornography - I discussed being addicted to pornography in the Introduction, especially internet pornography, because it’s detrimental to success. All of the valuable time that you spe nd on the computer watching porn and pleasuring yourself could be invested in listening to podcasts about overcoming sexual addiction to help get you off porn and build businesses. When someone s addicted to something they re not focused on responsibilities. Video Gaming - Video gaming becomes addictive when trying to complete a mission over and over with no success. This will equate to no success in reality as you spend umpteen amount of hours on gaming while being away from work and school. Some people even drop out of school or quit their jobs just to become a full-time gamer. This can have its benefits if you develop games for profit. Smoking Marijuana - Marijuana is legal in many states which means more people are using this powerful hallucinogen herb everyday. In its natural state, it probably cures cancer, but when abused and laced with chemicals can destroy the mind and body over time. A noticeable side effect of smoking marijuana is laziness. Some people may disagree with m e on this, but I have personally experienced and saw laziness at its finest in marijuana smokers. However, marijuana may motivate a person, create creativity, and help certain people become productiveShow MoreRelatedCan Welfare Actually Be Harmful?1555 Words   |  7 Pagesof society who needs assistance learning how to provide for themselves and their families, rather than being given another handout. This is a serious issue due to the ever increasing number of people being added to the welfare roll every year and the probability that once receiving welfare, they may never again be self-sufficient. It should be important to every citizen due to the fact that many are being led down a road of dependency and because the United States government currently has a nationalRead MoreWelfare Drug Testing Persuasive Speech1704 Words   |  7 PagesIntroduction a.i) Government assistance, or welfare, is a very broad term. There are many different welfare programs available in the United States e.g., food stamps, cash assistance, and government housing. Currently there is mass debate, in courtrooms across the U.S., regarding the legality and morality of pre-assistance drug testing. This report is intended to familiarize the reader with the history of welfare reform; the histories of drug testing in regards to assistance eligibility; and persuadeRead MoreTesting The Masses : An Argumentative Essay969 Words   |  4 Pagesthe federal and state governments, in addition, the American populace. One such issue is the testing of Welfare recipients for the use of drugs in order to receive their Welfare benefits. While some individuals are for the idea of testing such recipients whether, from a moral, monetary, or personal standpoint, others may oppose them for the same or varied reasons. The average person pays significant percentages of their i ncome in taxes to both the federal and state governments. Wouldn’t you like toRead MoreHurricane Response820 Words   |  3 Pagesimagine for a moment the condition of one who is, following a major weather-related disaster, homeless, wet, cold, hungry, tired, hungry and scared having lost possessions and nearly ones life. Upon applying for assistance from FEMA, those applying are instructed to access FEMA online for assistance. Consider that there is no power and will not be for days and possibly weeks and even if there were, one cannot return home to use their computer because it is flooded or washed away by the sea. ThisRead MoreWelfare Recipients Should Be Periodically Tested for Drugs822 Words   |  3 Pagestoday’s society about 12,800,000 people are supported by government welfare programs for help with their financial necessities. The argument everyone is making nowadays, is whether or not they should be drug testing recipients of welfare. I agree with this st rongly because I know that if I were paying taxes on this program I would not want someone going out and abusing this privilege on drugs. People collecting welfare, or other government assistance, should be drug tested because if they are just goingRead MoreThe Misuse of Welfare in America1317 Words   |  6 Pagesï » ¿Laureen Horan Eng 111 Misuse and Abuse: A Look at the Flaws of the American Welfare System The lessons of history, confirmed by evidence immediately before me, show conclusively that continued dependence on relief induces a spiritual and moral disintegration fundamentally destructive to the national fiber. To dole out relief in this way is to administer a narcotic, a subtle destroyer of the human spirit. It is inimical to the dictates of sound policy. It is a violation of the traditionsRead MoreAffordable Rent And Flexible Accommodations1610 Words   |  7 Pages Rental assistance programs are offered to those living in the United States to provide affordable rent and flexible accommodations to fit participant need. The U.S. Department of Housing and Urban Development, often called Department of Housing and Urban Development or HUD for short, offer three types of rental assistance programs that include privately owned subsidized housing, public housing, and the Housing Choice Voucher Program. â€Å"Privately owned subsidized housing is a program in which apartmentRead M oreSocial Security Act Of 1930908 Words   |  4 Pagesretirement, disability and other aid programs. The government would take on the responsibility of taxing the income of all working Americans and returning the money through numerous public benefits and programs. Social Security benefits refer to all those measures established by the government through legislation that help an individual or household to maintain an income of a certain level, insure income if one s employment is lost, provide other assistance for disability, old age, survivors, and otherRead MoreThe Federal Emergency Management Agency1403 Words   |  6 Pagesrelative magnitude of disruption and harm created by any event† (Sellnow Seeger 2013, 4), so that it can be determined how much and what form of assistance the community may require. Some of the criteria to declare a crisis includes the number of homes with major damage or destroyed, the impact on the infrastructure, threats to health and safety, ass istance available from other sources such as state, local, and governmental and non-governmental organizations. Communication in the literal sense isRead MoreEssay on Homelessness: A National Epidemic1305 Words   |  6 Pagesemergency† (29). MeaningThis means that, â€Å"poor people,† as society would call them, is are not a major issue that requires the attention of the government, and other higher officials. Majority of the homeless population stays in abandoned homes, under bridges, on sidewalks, and parks. To the homeless, anywhere they can lay their head is â€Å"home† to them. The government and some non-caring citizens tend to look down on the homeless, and dehumanize dehumanizing them as if they are not people. In many cases

Thursday, December 26, 2019

The Odyssey As A Great Hero - 2558 Words

Throughout the Odyssey Odysseus’ plays the â€Å"godlike† hero which set the standards for values and traits of the Homeric Greek man. Using his cunning intellect and valiant heroism to finds his way home after many trials and tribulations. During his travel home Odysseus gains knowledge about other peoples culture and about different lands throughout Greece. He learns from his own suffering and the mistakes he had made. Odysseus started his journey as the King of Ithaca and the warrior of all warriors known by the gods as a great hero. Odysseus was the commander of the Greek army and a cunning leader with the plan to win the Trojan war, which he accomplished with the Trojan horse. Odysseus had a seriously downfall however, because of his godlike status and other physical characteristics he tended to be challenged by allurement of series of different women. This temptation was one of the major roles played by women in the Odyssey. Another very important role played by women in the Odyssey was the role of support for their husbands and sons during times of war. Despite the importance of women in the Odyssey women continued to be inferior to men, and the double standards are extreme. Along with the double standard is the significant roles women were required to in Homeric Greece. Even the goddess had certain roles required of them. The Odyssey gives us a piece of Greek Culture during this time period and shows us the role of women. A great example of one of the many rolesShow MoreRelatedExamples Of Archetypes In The Odyssey1291 Words   |  6 PagesArchetypes in The Odyssey All humans have ideals and patterns in common. Humans from a thousand years ago and humans in modern times have archetypes. Archetypes are characters, actions, or situations that are repeated in all human life. Archetypes are found in myths, legends, dreams, films, music, literature and several other forms of entertainment. In fact, The Odyssey, a prominent piece of writing, contains many archetypes. The Odyssey is a 3,000 year-old epic written by Homer in Ancient GreeceRead MoreExamples Of Archetypes In Homers Odyssey1292 Words   |  6 Pagesfact, The Odyssey, a prominent piece of writing, contains many archetypes. The Odyssey is a 3,000-year-old epic written by Homer in Ancient Greece. It describes the adventures of Odysseus. As well as being found in The Odyssey, archetypes are evident throughout Greek culture. These archetypes depict the ideals and beliefs of the Ancient Greeks. Through Homer’s use of archetypes in The Odyssey, the reader gains insights into Ancient Gre ek culture. Three major archetypes shown in The Odyssey includeRead MoreOdyssey Archetype Essay996 Words   |  4 Pages Odyssey Archetype Essay The Odyssey, a ten long epic journey consisting of love, war, and despair; the odyssey dives into human tragedy that no man would ever want to experience. This is a reason why the odyssey is so significant to today s literature. The Odyssey occurred ancient Greece times. The odysseys genre is an adventure but has aspects of all other genres. In this essay I will be explaining the archetypes in the odyssey that are most relevant in the Odyssey. I will be going into fullRead MoreThe Odyssey Archetype998 Words   |  4 PagesOdyssey Archetype Essay The Odyssey, a ten year long epic journey consisting of love, war, and despair; the odyssey dives into human tragedy that no man would ever want to experience. This is a reason why the odyssey is so significant in today s literature. The Odyssey occurred ancient Greece times. The odysseys genre is an adventure but has aspects of all other genres. This essay be explaining the archetypes in the odyssey that are most relevant in the Odyssey. This essay will be going intoRead More`` Fahrenheit 451 And The Sniper ``1643 Words   |  7 Pagespeople as ‘heroes’. However, the definition of a hero can be very elusive. Many kids believe that heroes have to be athletic and robust, but as they grow up, they realize a hero s actions and thoughts can be more influential than their physical abilities. It can be difficult to determine what elements make up a hero. However, by examining heroes in different stories, the elements of what makes a hero can become clearer. Classic heroes in The Odyssey can be examined, along with the heroes in FahrenheitRead MoreThe Role Of Changing Perception Of The Hero1137 Words   |  5 Pagesthe changing perception of the hero Who is a hero? How does the definition of a hero change over time? The Epic of Gilgamesh is perhaps the â€Å"longest and greatest literary composition written in cuneiform Akkadian† (Dalley 39) and told to an audience, while The Odyssey, and Oedipus the King came many centuries later. However, they all have a hero that represents the values of the society at the time. This paper is going to compare and contrast the ideal of the hero from ancient Mesopotamia in GilgameshRead MoreIn What Ways Is the Telemachy Important to the Odyssey as a Whole1553 Words   |  7 PagesIn what ways is the Telemachy important to the Odyssey as a whole? What would the poem lose if these first four books were removed? Homer’s the Odyssey is the epic tale of Odysseus’ return home from the battle of Troy, yet we do not truly get to the hero in action until after we are drawn through the story of his son life in the absence of his father in Ithaka. In the first four books, we see how Telemachos, Odysseus’ son, matures and through his eyes Homer shows us the unrest and troubles ofRead More The Odyssey Essay1550 Words   |  7 Pagesheroes, no other hero had a more complex journey than Odysseus. This journey is called The Odyssey, written by Homer. It is an epic poem or story told of a hero name Odysseus on a 20-year voyage trying to get back home from the Trojan War. The great epic poem known as The Odyssey and attributed to Homer was probably first written down around the eighth century BC, but the origins of the ancient story in myth, legend, and folklore and art appear to be much older. Greek Epic Hero When you think aboutRead More Comparing Two Heros - Beowulf and Odysseus Essays618 Words   |  3 PagesComparing Two Heros - Beowulf and Odysseus Reading through Beowulf I began to compare it to the last great epic I read, Homer’s Odyssey. While the Odyssey and Beowulf are each examples of both historic and modern ideas of heroism, the acts of Beowulf’s hero seem to fit better within its context. Beowulf exhibits many obvious heroic qualities, such as his strength and confidence in battle. These along with more subtle diplomatic actions serve to define him as both a great warrior and leaderRead MoreArchetypes In Ancient Greek Culture879 Words   |  4 Pagesconnections ,archetypes, can be found in the adventurous book The Odyssey. Ancient Greek culture is brought up by Homer through archetypes. These archetypes help connect one another over time. In the Odyssey, topics such as terrifying monsters , love tests, and an unstoppable hero are all related to ancient Greek culture. The Odyssey shows archetypes that also reveal this culture. Three archetypes found are monsters, loyalty, and a hero, which shows the ancient Greek culture for modern readers.

Wednesday, December 18, 2019

Differentiation Between Students And Learning Opportunities

Differentiation According to Tomlinson, 1999 â€Å"this model provides a framework for responding to differences in students’ current and developing levels of readiness, their learning profiles, and their interests, to optimize the match between students and learning opportunities† (Tomlinson Jarvis, 2009, p. 599). It takes into account student differences in â€Å"designing opportunities for each student to engage with information and ideas† (Tomlinson Jarvis, 2009, p. 599) Criterion 1: Respect for individuals with diverse abilities, strengths, and goals (FULLY MET) â€Å"Differentiation provides a framework for responding to differences in students’ current and developing levels of readiness, their learning profiles and their interests, to optimize the match between students and learning opportunities† (Tomlinson and Jarvis, 2009, p. 599). Research has supported that adjusting content, environments, processes and final products addresses students’ differences. By incorporating differentiation in the classroom and school, students’ needs are addressed more fully and opportunities to excel are given. Criterion 2: Provide for identification of out-of-school learning opportunities that match students abilities and interests (FULLY MET) A student might have an advanced knowledge of a subject that the teacher might â€Å"differentiate by helping a student develop a plan for an advanced independent project, perhaps consulting a professional within a specific field to develop appropriateShow MoreRelatedPERSONAL ND PROFESSIONAL DEVELOPMENT Essays1351 Words   |  6 PagesDuration: 5 Hours Lecturers: Module Leader: Joy Meme Venue: Variable No of students: Variable Lesson Objectives: 1.Understanding of the use and concept of a Personal SWOT Analysis 2.Completion of a Personal SWOT Analysis 3.Reading and discussion of the article-â€Å"How to Lead When the Generation Gap Becomes Your Everyday Reality† by Izzy Gesell Learning Outcomes (upon successful completion, students should be able to): Conduct a self-assessment inventory by doing a personal SWOT. Read MoreStandard Based Instructional Practices1329 Words   |  6 Pagesstandards; posting objectives, standards, or learning goals in the classroom; referencing standards in lesson plans; covering concepts or following a teacher’s manual claimed to follow state standards. Instead, it is about consistently and effectively developing lessons with activities designed to meet the needs of all students. Standards Based Curriculum The foundational reason supporting national and state standards efforts is the quality of students that schools are producing as graduates. ThisRead MoreHow Differentiation Is A Risk Of Being Too General Or Give Up Detailed Definitions?944 Words   |  4 PagesWhen defining differentiation, there is a risk of being too general or give up detailed definitions. Although, as (Stradling and Saunders (1991) suggest, one persistent feature identified by analysts is a contrast between those who view differentiation between groups and individuals (Stradling and Saunders 1991). The National Curriculum Council (2000) defines differentiation as the process by which teaching methods, resources and curriculum objectives, are planned to meet the needs of individualRead MoreTraining And Development Agency For Schools1067 Words   |  5 PagesDifferentiation is defined by the Training and Development Agency for Schools as ‘the process by which differences between learners are accommodated thus all students in a group have the best possible chance of learning’. In recent decades it has come to be considered a key skill for teachers, especially those of mixed-ability classes. But what does it entail? We used to teach subjects and classes – now we teach students. Gifted and talented learners need and enjoy variety and challenge. This requiresRead MoreDifferentiation as a Strategy to Reach English Language Learners663 Words   |  3 PagesReview of Literature Every student has their own story, set of experiences, and abilities. Overtime, teachers have quickly realized that they cannot reach all students with a-one-size-fits-all approach to instruction. Therefore, the goal of a â€Å"differentiated classroom† is to maximize growth and individual success of each student by providing different avenues for the students to learn the content, to process the information and ideas, and to create a final product. Differentiating instructionRead MorePersonal Statement : The Teaching Profession1234 Words   |  5 Pagesteacher, we often use these very words ourselves. Such words include blending learning, blooms taxonomy, competencies, individual difference, and differentiation. In truth, some of these terms are used as justification for ideas or theories, without comprehending fully what we, the teacher, is fully saying. I chose the topic of differentiation to better understand what it is and what it isn’t. I know what differen tiation is, or should be, but I am witness to so many teachers that use this term, butRead MoreIntroduction. As We Concentrate On Closing Achievement1501 Words   |  7 Pagesaccomplishment in closing the gaps among the differing qualities of students’. Differentiated instruction is the approach of ensuring that each student is learning in the way he or she procures it and the way he or she demonstrates the learning as a marker for the learner’s level of availability, predispositions, and learning styles. In the circumstance of a classroom, changing degrees of differences prevail within inside the students, according to Tomlinson, C. (2000). These might come from socialRead MoreThe Expectations, Duties And Roles Of A Teacher1110 Words   |  5 Pageswith the background knowledge of the students and their different abilities within the classroom setting. The daybook clearly shows room for differentiation and flexibility, whilst still having a good routine for the students. This will allow students to feel more safe and secure within the classroom and learning environment The attached daybook clearly shows my ability to design and implement a concise days of teaching and provides evidence of differentiation within the classroom. The daybookRead MoreIep Reflection Paper1092 Words   |  5 Pagesand recognize what they are already utilizing in the classroom and why these components are needed for supporting differentiation. These components are necessary and we must work constantly on all of them so that all students obtain what is necessary in learning and communicating (Gregory, 2008). The six-column frameworks are, 1) Climate, 2) Knowing the learner, 3) Assessing the learning, 4) Adjustable assignments 5) Individual strategies and 6) Curriculum approaches (Gregory, 2008). The benefits toRead MoreEssay on Universal Design for Learning 1109 Words   |  5 PagesClassrooms of today are full of students with varying learning abilities and styles, therefore teachers are put in a position to involve each of their students equally so that everyone has the greatest chance of success in their learning. There are many different ways teachers are able to set up the learning environment in order to maximise teaching and learning and cater for the diverse needs of their students. I will attempt to discuss in detail some of these strategies and unpack the potential

Tuesday, December 10, 2019

National Australian Consumer Law- Free-Samples-Myassignmenthelp

Question: Critically analyse how the Australian Consumer Law affects developers selling land insofar as that law governs. Answer: Introduction In the Australian legal system, the formation of Australian Consumer Law (ACL) is a significant step towards dealing with the concern of fair trading and consumer protection. It is the result of broad cooperative reform that has been conducted by the Commonwealth and territory and state governments. It is with the help of this piece of Legislation, wherein actions can be taken against individuals and businesses breaching ACL. Thus considering the above discussed aspects, the present assignment would highlight on ways in which ACL impacts developers selling land. In this context, the impact of ACL on developers selling land will be discussed with particular emphasis on misrepresentation and unfair contract terms. Misrepresentation In order to discuss the impact of ACL on developers selling land in regards to misrepresentation and unfair contract terms, it is essential to discuss the concept of ACL. It is the result of wide range of cooperative reform performed by Commonwealth and territory and state governments. It mainly deals with fair trading and consumer protection. The piece of law replaced Trade Practices Act 1974 and is a schedule to Competition and Consumer Act 2010. ACL is being administered by Australian Competition and Consumer Commission (ACCC) (Ross et al., 2013). In cases associated with the breach of the law actions can be taken against the responsible individual. The aspects covered under ACL include supply of services or goods, grant or sale of interests in land and the supply of financial services or products. In the context of real estate transactions, ACL is associated with general ban on deceptive or misleading conduct in trade or commerce. In real estate transactions ACL also imposes general ban on unconscionable conduct in trade. Under ACL, the provision exists for making unfair contract terms void in consumer contracts. Specific unfair practices can be banned in trade and commerce under ACL (Miller, 2010). Under ACL in real estate transactions, the consumers goods safety and product related services are required to be maintained. The enforcement and formulation of information standards are also required to be maintained under ACL. Under Section 18 of ACL individuals are prohibited in trade or commerce from engaging in conduct which are deceptive in nature or misleading or may result in deceiving or misleading the involved parties. Under Section 30 of ACL, it has been prohibited in relation to sale or promotion of an interest in land or possible sale, misleading or false representations in association to nature of the interest in land, sponsorship, affiliation or approval of the individual making the statement, payable price for land, characteristics of land, location of land, the use or utility of the land being put or may lawfully be put and the availability or existence or facilities associated to the land. This is applicable in representations associated with transactions related to sale of interests in specific land parcels. The impact on developers selling land due to infringement of Section 30 of the act may result in civil proceedings due to the damages, an injunction or a pecuniary penalty, remedial or ders (Nottage, 2010). Under the act, it has been stated regarding which aspects of contract may be considered to be misleading or false that is subjected to thorough consideration of the courts. The first priority in this context is considering the fact that representation is not just restricted to verbal statement. It is extended to a statement that has been made orally or by implication from conducts or words or in writings. It also includes drawings and plans, photographs, pictures, maps or demeanor, gestures and other conducts (Malbon and Nottage, 2013). In addition to the above discussed aspects, silence to a relevant fact can also be considered as representation, particularly in situations in which half-truth or representation has been performed that, at a particular time period was a truth that is no more relevant in context to present time period. In this context it is required to be mentioned here that it is not always required to make a representation to another individual who finally brings claim i.e. representee. The only aspect to be considered in this context is whether a misleading or false representation have been made or not, due to which on the part of the representee may experience damage or loss (Rochow, 2010). Considering the above made discussion it may be stated that misrepresentation implies a representation which contradicts the fact. An essential aspect to be highlighted in this context is, it is not always necessary for the individual making the representation to know that the statement is false in nature. On the part of the individual making the representation may have believe or perception that the statement is true in nature. However, the lack of knowledge regarding the falsehood of the statement or the perception that the statement is true in nature will not result in providing them with protection from the liability (Paterson, 2011). For the purpose of determining if a representation is misleading in nature, the entire representation is considered along with the context in which the representation has been made. Thus, on the part of either parties, without considering the related discussion, usually the context in which the statements were made, cannot choose particular statements. A mentionable case associated with misrepresentation and the aspects taken into consideration on the part of court for the purpose of considering particular representations to be misleading or false in nature is Pryor v Given (1979) 24 ALR 442; (1980) 30 ALR 189 (FC). It is with the help of the particular case scenario with the help of which the approach of court in such cases can be observed (Findlaw, 2017). The particular case was in appeal to the Federal Court of Australia associated with decision under 53A(1)(b) of the pervious Trade Practices Act 1974 (the TPA). In the particular case the court held the appellant as convict of making misleading statements related to the sale of land. The grounds on which the legal action was initiated and centered around was advisements for sale of land in different media which use the phrase a wonderful place to live and watch it grow. These ads also included pictorial representations of different houses. In the particular case, the court exami ned the advertisements as a whole and also considered the pictures and words of the ad (Harris, 2013). On analyzing the ad, it was observed by the court that a representation was made by appellants stating that houses could be constructed on the particular piece of land, whereas the fact contradicted their claim wherein, the land was subjected to a planning scheme that needed special approval from the authority. The potential purchasers of the particular piece of land were also subjected to onerous conditions. It was also held by the court that any individual who saw the advertisement would come to the conclusion that houses could be built on the particular piece of land in question. Finally, it was found by the court that the appellant was associated with misleading representation regarding the use of land that resulted in breach of Sec 53A(1)(b) of the TPA that was a precursor to Sec 30(1)(f) of ACL. An interesting aspect of Sec 30 of ACL is the lack of requirement to establishment the sale due to or likely to occur from the misleading representation (kottgunn, 2014). Under the provisions of ACL, representations made in relation to promotion of the sale of land with the help of brochure that has been made available to the public is considered to be enough to demonstrate that an individual is associated with misleading or false statements. On the part of developers selling the land, due to associated to such misrepresentation under Sec 30 of ACL may have significant adverse impact ranging from civil proceedings related to the damage, a pecuniary penalty or injunction or remedial orders. The financial penalties that may be experienced on the part of the developers due to breach of Sec18 of ACL i.e. misleading or deceptive conduct if it is a corporation is potential compensation for the claim which is similar in case of individuals as well. It is required to be noted here that these cases are not subjected to disqualification orders or civil pecuniary penalties. However, on the part of claimant, they are entitled under the law to seek financial compensation up to a period of 6 years post the occurrence of the conduct (Corones, 2011). In case of breach of Sec 30 of ACL which deals with sale of land and for making false or misleading representations the developers, if corporations have to face financial penalties up to $ 1 .1 million or if working individually have to face financial penalties up to $ 220,000. On the part of the developers selling land, in case of their associated with certain instances of misleading or false conduct have to undergo civil proceedings and the case will be considered as civil cases, in which the financial penalty that may be imposed on the developer by the court is up to $ 1.1 million in case of corporations and up to $ 220,000 in case of individuals (Webb, 2016). The developer may also be provided with infringement noticed due to which the individual will be imposed with spot fines, which, in case of corporations are up to $ 6,600 and in case of individuals it is up to $ 1,320. It is worth noting here that in case an infringement notice is not paid by the developer the issue may result in prosecution and on establishment of which may result in maximum penalties. Unfair Contract Terms Schedule 2 of ACL regulates the unfair terms related to consumer contracts. On the part of the property developers it has significant impact and their contracts with individuals those who are not investors and may have impact off the plan sales. Under ACL the terms of a consumer contract is void if the terms of the contract is considered to be unfair and the contract is a standard form contract under the law (Paterson, 2012). In this context the concept of consumer contract is required to be discussed. Under ACL a consumer contract can be considered to be a contract regarding the grant or sale of an interest in land to another individual predominantly or wholly for domestic, personal or household use. It is on the intentions of the purchaser on the basis of which it can be determined if a contract for grant or sale of an interest land is consumer contract (Lawson, 2011). It is worth mentioning here that, it is essential for the developers selling agents to take a note regarding inten tions of prospective purchaser, as an instance of they are purchasing for the purpose of private use or for investment purpose. The reason being, ACL is not applicable in case of buying the property for investment purpose rather than for private purpose. Under ACL the concept of ACL has also be specified according to which a contract for sale between a developer like vendor and an individual like buyer are considered to be standard contract forms till the development can proof otherwise. This acts as an essential aspect as most developers prefers a standardized contract in every development (Carter, 2013). The purpose of emphasis on standard form of contract on the part of most of the developers is for simplicity, consistency of selling agents along with meeting the requirements of financer. For the purpose of change the particular presumptions selling agents of the developer and selling solicitors are required to record the negotiations along with purchasers for the purpose of demonstrating that the purchaser has a real and effective opportunity in regards to negotiating the contract. It may be also be that case that developers are required to encourage a purchaser for the purpose of arranging the solicitor of the purchaser or conve yance in order to review and negotiate a contract before signing it. (Paterson et al., 2012) On one hand, it may result in delay the process of exchange of contract, however, it helps in limiting the risk of the contract being a standard form contract. It has already been mentioned, Schedule 2 of ACL deals with unfair consumer contracts terms. The law particularly mentions regarding the terms of a contract of developer that can be considered to be unfair. Thus, according to ACL, the terms of developers contract that result in significant imbalance to the obligations and rights of the parties, or terms that is not reasonable essential to provide protection to the legitimate interests of the developer or a particular term of the contract may result in detriment that may be financial or other to a purchaser if the term of a contract are relied on can be considered to be unfair term of contract (Carter, 2012). Thus, the presence of these elements in contact will be considered to be unfair contractual terms. Other than the above discussed aspects, there exists different provision, especially in off the plan sale contract of a developer, which favors the interest of the developer resulting in creating imbalance. The presence of appropriate level of transparency helps in justifying the provisions basing upon which a degree of flexibility is provided on their part that is necessary to complete the project. The individual standard provision is in accordance with the well established norms of the industry or not, makes a major imbalance which is in favor of the developer which is subjected to the opinion of the courts in the future. In addition to it, if the terms of consumer contract are reasonable necessary in regards to protection of legitimate interests of a developer is a matter of judgment. Thus, the presence of unfair terms in consumer contracts has significant adverse impact on developers selling land which includes voiding unfair term in a standard form consumer contract along with automatically voiding rest of the contract. Under the concept of severability most of the sale contracts of developers contract effective provisions of severance with the intension of having whole contract to generally proceed in case an unfair term is void (Whittaker, 2011). However, in case the void term of consumer contract is of such a nature that it is a significant element of the contract due to which it cannot be severed, in such cases, the contract will be unenforceable. Essentially, the void term may be of such significance that it may result on the part of the developer to not proceed with the contract in the absence of the particular term. This would also result in voiding the contract. Conclusion Thus, on the basis of the above made discussion it can be observed that, the associated of developers selling land with misrepresentation and unfair contract terms, may have significant negative impact on him/her. Due to association with misrepresentation Sec 30 of ACL gets breached due to which the developer is subjected to civil proceedings related to the damage, a pecuniary penalty or injunction or remedial orders. In case of association with unfair contract terms includes the unfair term in a standard form consumer contract is voided along with automatically voiding rest of the contract. References Carter, J. (2012). Cases and materials on contract law in Australia. Chatswood, N.S.W.: LexisNexis Butterworths. Carter, J. (2013). Contract law in Australia. Chatswood, NSW: LexisNexis Butterworths. Corones, S. G. (2011). The Australian Consumer Law. Thomson Reuters Lawbook Co. Findlaw. (2017). Misleading representations in the sale of land. [online] Available at: https://www.findlaw.com.au/articles/4768/misleading-representations-in-the-sale-of-land.aspx [Accessed 23 Aug. 2017]. Harris, B. (2013). Economic Cost Provisions in Fixed-Rate Home Loan Contracts and Breaches of Australian Consumer Law. Journal of Politics and Law, 6(3). kottgunn. (2014). False or Misleading Representations in Property Transactions. [online] Available at: https://www.kottgunn.com.au/updates/false-misleading-representations-property-transactions-2/ [Accessed 23 Aug. 2017]. Lawson, R. G. (2011). Exclusion clauses and unfair contract terms. Sweet Maxwell. Malbon, J. and Nottage, L. (2013). Consumer law policy in Australia New Zealand. Annandale, N.S.W.: Federation Press. Miller, R. (2010). Miller's annotated Trade Practices Act. Pyrmont, N.S.W.: Thomson Retuers (Professional) Australia Ltd. Nottage, L. (2010). The New Australian Consumer Law: What About Consumer ADR?. QUT Law Review, 9(2). Paterson, J. (2011). Introducing the New, National Australian Consumer Law. Alternative Law Journal, 36(1), pp.50-50. Paterson, J. (2012). Unfair contract terms in Australia. Pyrmont, N.S.W.: Thomson Reuters (Professional) Australia. Paterson, J., Robertson, A., Duke, A. and Heffey, P. (2012). Principles of contract law. Pyrmont, N.S.W.: Thomson Reuters (Professional) Australia. Rochow, N. (2010). The Australian consumer law. [Adelaide]: Law Society of South Australia. Ross, K., Barr, J., Stevens, J. (2013). Mandatory continuing professional development requirements: what does this mean for Australian nurses. BMC nursing, 12(1), 9. Webb, E. (2016). Unfair terms and small businesses. Australian consumer law, 31(1). Whittaker, S. (2011). Unfair Contract Terms, Unfair Prices and Bank Charges. The Modern Law Review, 74(1), pp.106-122.

Monday, December 2, 2019

John Tomlinson Phenom6969@aol.com Essays - Mark Twain, Lecturers

John Tomlinson [emailprotected] Mark Twain Samuel Clemens, better known by his pin name Mark Twain, was perhaps one of the most infantile writers this country will ever have. He accomplished allot throughout his life, and was able to travel around the world and live many adventures of his own. He also spent some good time exposing the inhumanities of slavery and the bad treatment of Chinese immigrants. So not only was he a very good writer but he was also cared about the well being of other humans. When Samuel Clemens was twelve years old, his father died. After his death Clemens went to become a printers apprentice. His boyhood dream while growing up along the banks of the Mississippi River was to one day become a steamboat salesman, and ride along the river all day up and down the stream. Clemens had this goal achieved early in life until the Civil War came along putting him out of business. The Civil War pushed Clemens out west in search of gold but ended up becoming a reporter for the Virginia City newspaper. While in this city Clemens wrote under many pin names, after he went through many different names he finally came along the name Mark Twain which stuck with him. Shortly he moved to San Francisco where he began writing articles against how the law was treating Chinese immigrants and laborers. This stirred up some trouble so Twain decided to move out to the Sandwich, that are now known as Hawaii. After a short stay there he went back to the states and began giving the Sandwich Island lectures in which he sold out crowds all over the place. While Twain was traveling the nation with his lectures he decided to take place on the first Trans Atlantic pleasure cruise where he met the brother of his future wife Olivia. While trying to earn Olivias love, Twain wrote over two-hundred love letters wooing her and trying to earn her fathers respect and have permission to marry her. He then after this wrote his very first best seller which was labeled Innocence Abroad. Through many writers Twain was slowly becoming our countries first celebrity and became a house hold name. He earned the first private telephone and began investing in many inventions, trying to make money off of many plans of all types. Out of all the plans he had, the one that worked best was to sell his name, becoming spokespersons for all different types of products, and putting his face on anything which companies thought would help sell there products quicker and for higher prices. While Twain was away from the public life though, he was hard at work at home writing away and being able to create two very well known classics: Tom Sawyer and The Adventures of Huckleberry Finn. However at one point in time, Twain experienced financial problems and had to declare bankruptcy. His next money making scheme was to travel the world and make money giving lectures which then made him a world celebrity. During this trip however his wife became very ill and died along it one of his daughters. When he returned home he was perhaps one of the loneliest people one could know and began to stay to himself though. Through the turn of the century, Mark Twain was the most influential person in the country. This man who started out as a printers apprentice and a steamboatman was able to rise and become the most well known person. Sadly though, Twain died in 1910 and is still today a very respected and well known writer.