Tuesday, December 24, 2019
To what extent was Fidel Castro able to achieve his aims between 1959 and 1979, and what prevented him from achieving more? During Fulgencio BatistaÃ¢â¬â¢s reign in Cuba, Fidel Castro had insistently professed his dissatisfaction with the government, and when he finally took over in 1959, he effected a government that formed the basis from which the criticism of many historians today derives. To a minimal extent, Fidel Castro was able to achieve his aims between 1959 and 1979. Revealed in the 26th of July MovementÃ¢â¬â¢s doctrine, CastroÃ¢â¬â¢s goals called for Cuba to become fully independent and purely democratic while having a just society. CastroÃ¢â¬â¢s goals were hindered not only by the dependence on the U.S., but also on the Soviet Union afterÃ¢â¬ ¦show more contentÃ¢â¬ ¦During these early 1960 years, Cuba quickly lost nearly all economic dependence on the U.S., but any progress toward self-sufficiency was undermined by the developing relationship with the Soviet Uni on. Unlike the U.S., the Soviet Union was not hostile to the idea of an independent Cuba and was willing to defend Cuban interest. In reality, Castro might have professed his devotion to socialism in his Marxist-Leninist speech only for the benefit of siding with the worldÃ¢â¬â¢s socialist superpowers for military and economic support. CastroÃ¢â¬â¢s favoring paid off because the Soviet Union placed nuclear missiles in Cuba in 1962; however, this caused U.S.-Soviet tensions to peak when the U.S. made the threat of invading Cuba. Castro also attempted to establish CubaÃ¢â¬â¢s independence by making the change to a Communist state, which began distinguished officially in 1965. Although the changes were small in the early 1960s, it was not until 1976 that Cuba created a new constitution. Another aspect proving Cuban independence was the buildup of a strong military force from foreign intervention and internal opposition. Castro suspected the U.S. of military action because of thei r discontent with his socialist policies. Nearing the end of the first decade of his reign, Castro revealed that Cuba did not meet the 10 million ton harvest, but welcomed the shame and criticism that the failure would bring about. Throughout the years of CastroÃ¢â¬â¢s reign, he strived to assert Cuba as anShow MoreRelatedPaper Exam 2 History Ib9416 Words Ã |Ã 38 Pagesexaggerated.Ã¢â¬ With reference to two civil wars, each chosen from a different region, to what extent do you agree with this statement? A structured thematic answer is probably the best approach Ã¢â¬â dealing firstly with the nature/extent of intervention by specific participants and then dealing with other factors which might be considered relevant in explaining victory. Ã¢â¬Å"Outside interventionÃ¢â¬ Ã¢â¬â its nature and extent in two different civil wars need to be clearly identified. The motives for intervention areRead MoreDeveloping Management Skills404131 Words Ã |Ã 1617 PagesArticulating a Vision of Abundance 553 Generating Commitment to the Vision 557 Institutionalizing the Positive Change 562 SKILL ANALYSIS 568 Cases Involving Leading Positive Change 568 Corporate Vision Statements 568 Lee IacoccaÃ¢â¬â¢s Transformation of ChryslerÃ¢â¬â1979Ã¢â¬â1984 SKILL PRACTICE 581 Exercises in Leading Positive Change 581 Reflected Best-Self Portrait 581 Positive Organizational Diagnosis Exercise 582 A Positive Change Agenda 583 SKILL APPLICATION 584 Activities for Leading Positive Change 584 SuggestedRead MoreOne Significant Change That Has Occurred in the World Between 1900 and 2005. Explain the Impact This Change Has Made on Our Lives and Why It Is an Important Change.163893 Words Ã |Ã 656 Pagestechnologies, state-sponsored programs to achieve autarky, a global epidemic of ethnic strife, uncontrolled urban growth, and the dissolution of extended family ties in many societies divided nations and communities and isolated individuals to an extent unparalleled in recorded human history. For teachers, in particular, the challenge of weaving together in meaningful ways the seemingly disparate strands of global history in the twentieth century has often led to its neglect. The fact that the
Monday, December 16, 2019
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Sunday, December 8, 2019
Question: Discuss about theAustralian Competition Consumer Commission for Common Law. Answer: Introduction Unconscionability is doctrine that is traditionally founded on common law contract law principles. It is defined by unreasonable terms in a contract that lead to one party having an unfair bargaining power over another party in the agreement. It takes away the essence of justice, fairness and equity in a contract. It is an innate quality of contract law that parties must an equal bargaining power when they are making an agreement. Ideally, a party will be regarded as a perpetrator of unconscionability if they take advantage of another party because of an inherent weakness in the other party. In Australia uncosionability is regarded as unconscionable conduct and it manifest it self in various forms such as unfair contract principle, misleading and deceptive conduct which are encapsulated in Australia consumer law and contract. Conversely, fraudulent misrepresentation, undue influence and duress are common law principles which can also be defined under the umbrella uncosionability. It is important to note that the major principle that must be evinced to prove uncosionability is inequality of bargaining power test which has been applied in many cases and quoted by reputable judges. The cardinal rule under uncosionability is that an agreement that is found to be unconscionable cannot be enforced and the courts set aside such agreement (Priestley, 1986). The rigidity and harshness of common law cannot be expressed in a better was as it was held in L'Estrange v F Graucob Ltd (1934) that a person is presumed to have read and understood all the terms in an agreement even though this may not be the case once the contract has been signed by both parties. The law that prohibits uncosionability therefore came in to mitigate the harshness of common law by offering protection to weak parties in a contract whose right have ben buried under the ground by the other party. The government body that is charged with the mandate to protect consumers form harsh practices of vendors in Australia, who take advantage of other parties, is the Australia the Australian Competition and Consumer Commission (ACCC). The legislations and principles that explain unconscionable conduct breathe life in Australia legal system so as to protect consumers and parties in a contract. The law also seeks to ensure that products and services that are offered by vendors meet the specification and the required standard of a party in the agreement. Despite the fact that much judicial ink has been spilt on uncosionability principle the leading case in the English common law is Lloyds Bank Ltd v Bundy (1974) where Lord Denning made the celebrated pronouncement on inequality of bargaining power. He stated that to prove that there was inequality of bargain of contract two elements must be shown to exist ,which include a considerable amount of pressure and that there was no reliance on independent advice. To lord denning, if the to elements were satisfied then the obvious reference would be that there was an unfair advantage and parties in the agreement were not equal form the onset. On the other hand in National Westminster Bank plc v Morgan (1985) lord Denning made a controversial ruling to the effect that manifest disadvantage was not vital element that would be applied to establish inequality of bargaining power in an agreement. To the contrary, at the House of Lords Lord Scarman disagreed with Lord Denning by stating that manif est disadvantage is in fact the cornerstone factor that has to be proved to establish inequality of bargaining power in a contract. Australia followed the foot steps of Lord Scarman and established rule that has not fallen off its pedestal since it was enunciated in the leading case of Commercial Bank of Australia Ltd v Amadio (1983). In this case the complainant was an Italian immigrant couple in Australia who went to seek services of a bank. The bank manger new that the Italian couple was not able to understand of or speak English but he took advantage of the fact and entered into an agreement with them and later the couple found themselves to be liable for the contract. The ruling of the court created the special disability test and it held that to prove the concept of uncosionability n an agreement it must be proved that one party had a special disability. The court defined special disability as a circumstance suffered by a party where he cannot make a pragmatic decision on their own because of a peculiar incapacity which the party was aware of but took advantage of the disability to make the agreement in his favor. The advanced the special disability test the court in Louth v Diprose (1992) ruled that even though there is a manifest special disability it must be proved before the court that the exploited that weakness. In broad strokes intoxication, especially when voluntary does not fall within the meaning of special disability. However, the court in Blomley v Ryan (1956) held that it may be held as a special disability if it very severe. From the two leading cases in English common law and Australian law a uniform test of inequality of bargain can be established. Ideally, the necessary elements underpinning unequal bargain include, manifest advantage, special disability, reliance on independent advice and exploitation (Goldring et al., 1998). In a similar vein undue pressure inflicted on another party in an agreement can also add within the bracket of the test. In Australia the section 20 of the Australia consumer law (2010) provides that in any trade of transaction one should not engage in unconscionable conduct. The reasoning behind the legislative prohibition of unconscionable conduct is to ensure that there is market fairness and the consumers are treated justly. It may be argued that Section 18 of the Australia Consumer law which prohibits misleading and deceptive conduct is an extension of meaning of unconscionable conduct. It can be stated that an advertisement that is misleading and is deceptive as was the case in Google Inc. v ACCC (2013) is a conduct that is an unfair disadvantage to the party being misled and thereby the conduct is also unconscionable. Under the Australian Law an unfair contract is an agreement which is on the face of it unjust and one which party enjoys an advantage that the other party. The legislation that outlaws unfair contracts is the Australian Securities and Investments Commission Act 2001 which defines an unfair contract as agreement that contains unreasonable terms that create an imbalance in the contractual rights and duties of parties in an agreement (section12BG ASIC Act). Another legislation that outlaws unfair contract is the Australia Consumer law that gives the court powers to decline to enforce an unfair contract (Australia Consumer Law section 24(1)). The Australian Securities and Investments Commission Act 2001 it extended the definition of unfair contract to financial loss that is caused to a small business by other big and complex forms of business. Unfair contracts occur when a party to an agreement includes implausible terms in an agreement that create an inequality of rights and obligation just like a right to terminate the agreement being left to the sole discretion of one party. The courts in Australia have divulged a timorous reluctance to execute unfair contracts that emanate from banking intuitions and other large corporate or business institutions. Chen-Wishart (2010) suggests that the reason that is that most people who engage in a business with the bank do not absolutely understand the technical characteristics of the services sought. The court therefore has assumed the responsibility of shielding consumers from the inequality of bargain that is blatant because the bank managers of staffs ordinary have more technical knowledge about their services that their clients. Chitty (2012) argues that a customer of a financial product from a bank is denied the chance to sufficiently comprehend all the information that relates to the bank charges before he appends his signature. However, the normative rule is that a party to an agreement is presumed to have read and understood all the terms of an agreement and is aware of all his contractual rights and obligatio ns before the signature is appended. The bank is presumed to be transparent and follows the principle of disclosure when it presents the agreement to the customer. Under Australian law the courts reasoning is consequential because it disregards the fact that there has been transparency bank because of the impact of the unfair contract and not its substantive nature. The banks and other institutions have embarked promoting not ordinary transparency between them and the client but they ensure that the customer understands all facets of the financial product they are seeking (Chen-Wishart, 2010). In response the reluctance demonstrated by the courts, banks and other institution have made more internal regulations to avert any obvious unfairness in their contracts. In this study the commentary that was interesting was dealing with unfair contracts and banks. The underlying argument in the commentary is that utmost good faith is immaterial when establishing the unfairness of contracts of banks (Chen-Wishart, 2010). It shocks ones legal conscience that utmost good faith is primary factor at the pre-contractual stage and after the contract is signed and parties have to perform their obligations. The leading authority that was used is Office of Fair Trading v Abbey National Plc. (2009) insisted that the important factor is the signature because once it has been appended the obvious inference that all know the terms of the agreement. This case did not insist on the significance of utmost good faith. Traditionally, the Financial and Consumer Rights Council Inc (FCRC) is known to be a financial counselor but their mandate is capacious and also includes fostering the rights of consumers in Australia. The FCRC is part of the advocates groups in Australia that directs and offers advices to consumers about legal services in legal actions of unfair contract. They also educate consumers about their rights and obligations under a contract and when faced with an unfair contract. An example of case of unconscionable conduct can be explained by the legal case of Louth v Diprose (1992) in which the vendor told the purchaser that if he does not buy their goods he will commit suicide and the purchaser was forced to agree to the transaction. The court made a ruling which declared the vendor to be liable of unconscionable conduct. Conclusion It is a plausible conclusion that Australia has enforced a strong legal mechanism that prohibits unfair contracts and uncosionability in any financial dealing or trade. However, the special disability rule in Australia remains to be benchmark principle with regard to protecting the rights of the consumers. A polite suggestion that can be withdrawn from this essay is that the idea of good faith and transparency should not be given absolute disregard. References Australian Competition Consumer Commission v Radio Rentals Limited -  FCA 1133 Australian Consumer Law (ACL) Schedule 2 of the Competition and Consumer Act 2010 Australian Securities and Investments Commission Act 2001 (ASIC Act) Blomley v Ryan. (1956) 99 CLR 362 Chen-Wishart, M., 2010. Transparency and Fairness in Bank Charges. Law Quarterly Review Chitty, J., 2012. Chitty on contracts: General principles (Vol. 1). Sweet Maxwell. Commercial Bank of Australia Ltd v Amadio (1983) 151 CLR 447 Goldring, J., Maher, L., McKeough, J. and Pearson, G., 1998. Consumer protection law. Federation Press. Google Inc v ACCC. High Court of Australia  HCA 1 L'Estrange v F Graucob  2 KB 294 Lloyds Bank Ltd v Bundy  EWCA 8 Louth v Diprose (1992) HCA 61) National Westminster Bank plc v Morgan  UKHL 2 Office of Fair Trading v Abbey National Plc  UKSC 6
Sunday, December 1, 2019
The African Lion The lion is known as king of the jungle because of its huge size and ferocious appearance, the most common type of lion is the African lion. The African lion has the genus species Panthera (panther, leopard) leo (lion). Panthera leo has the common name lion and comes from the felidae family. Panthera leo is in the mammali class and has the order carnivora(Bush Gardens, 1996). Lions live in sub-Saharan Africa in grasslands and semi-arid plains in prides which is a group of lions that live in the same area and share hunting duties(Bush Gardens,1996). Lions are the only truly social cat species, usually a pride consists of two males, seven females, and any amount of cubs. The lionesses are usually sisters or cousins that have all been together since birth. The average mature male stands four feet at the shoulder, weighs in around 450 pounds and is around eight and a half feet long plus his tail. The female on the other hand is considerably smaller and weighs in at a average of three hundred pounds. Lions usually have a light or dark brown plain spotless coat, white coated lions are sometimes found in southern Africa but they are not true albinos (African Savannah). The male lion reaches sexual maturity at the age of five years and the lioness- which is the female lion, reaches its sexual maturity at the age of four. Lionesses in a pride usually enter breeding season together and later give birth at the same time which allows the lionesses to share nursing and other maternal duties. The lioness is pregnant between 98 and 105 days until it gives birth to a average of 3 cubs, unfortunately only one of those cubs will survive the first year of life due to the harsh conditions in their habitats (Bush Gardens, 1996). At birth the cubs are blind and move very slow. The cubs weigh less than five pounds (Wild Animals) and are marked with spots which sometimes stay on their legs and belly until they are fully grown. (African Savannah). When the cubs reach five months of age, they weigh an average of fifty pounds but they still act playful like a kitten. In most cases, when the cub reaches nine months of age, their spots disappear. When the cubs come to the age of a year and a half, the mother teaches them to hunt (Comptons 1993, 1994). The male lions have a brown mane which grows darker and fuller as the lion ages (African Savannah) and at the age of three the mane slowly starts to show up. The average lion in the wild that lives past the age of one lives between 15 and 18 years and reaches its prime or time it is the strongest at the age of eight (African Savannah). Lions eat a variety of different prey and usually hunt at night(Comptons,1993, 1994-African Savannah). They prefer to eat wildebeast more than anything else, unfortunately they can only do so when migration brings the herds through the prides range. When the wildebeast herds are not migrating they eat buffalo, zebra, antelope, giraffe, and warthogs (African Savannah). When prey cant be caught, lions will steal food from other animals-usually from the hyenas. If absolutely no food can be found, lions will have to go to a last resort of eating snakes, termites, peanuts, fruits, and even rotten wood (Wild Animals). Although only one out of four hunting events is successful, dominant males always eat first, lionesses next, and the cubs are forced to fight for scraps and leftovers (Bush Gardens, 1996). Due to the fact the lion is inactive up to twenty-one hours a day and does all their hunting at night, they have to be able to see at night (Bush Gardens, 1996). The size of lions eyes are bigger than humans and lions only need one sixth of the amount of light humans need to be able to see (Garman, 1997). Lions also have many other special characteristics that help them hunt and survive, some are listed below. The adult lions roar can be herd up to five miles away, this can be a warning that there is intruders or it can help guide strayed