Sunday, May 24, 2020
The Birth Of The Family - 864 Words
Elliott Anderson and his wife took their granddaughter Eloise into their care after her mother died during childbirth and her father failed to take responsibility. A few years later Eloiseââ¬â¢s grandmother whom she was really close to dies in a drastic car accident. This leaves Elliott a widow and to raise Eloise on his own. Rowenna, Eloiseââ¬â¢s paternal grandmother feels that Eloise should live with the fatherââ¬â¢s side of the family even though Eloise has lived with Elliott her entire life; she claims that it is largely due to Elliott s drinking problem as well as her needing to establish a relationship with her father Reggie and get in tuned with her African American cultural roots. Elliott does not want Eloise to be around her fatherââ¬â¢s bad influence since he has a criminal record, struggles with drug issues and has been very much absent from his daughterââ¬â¢s life. Since Rowenna and Elliott cannot come to a mutual agreement on where Eloise such live she tak es action against him in court and the film from that point forward is a long custody battle and the reconciliation of a mixed race family. Reggie was 23 years old when he began having a relationship with Elliottââ¬â¢s 17 year old daughter. In most states this is legally not an acceptable relationship. I believe it as an unethical relationship because at 17 years old one is still very much a child with an underdeveloped way of thinking. Elliottââ¬â¢s non acceptance of this relationship because his daughter to run off to be with herShow MoreRelatedPersuasive Essay On Birth Family749 Words à |à 3 PagesI was born into a family that could not support me. My birth parents were very young and did not have the capability to care for me. As a result, I was put up for adoption. I spent the first two weeks of my life in a foster home. However, I was one of the lucky ones. When I was 16 days old, I was adopted by a wonderful couple that I am very privileged to call my parents. Growing up, I always wondered about my birth family. When I was about 12 years old, I found a photo album that contained picturesRead MoreImpact Of Birth Order On Multi Children Families1168 Words à |à 5 Pagesimpact of birth order in multi-children families, whether it affects creativity, future success, intelligence, and overall happiness and satisfaction in life. It is popularly believed by laypeople that birth order and family size plays a strong role in the development and eventual personality type and success of each adult; however, while many studies have found positive correlations between older children and success, others have been inconclusive (Carballo, J. et al. 2012). While birth order mayRead MoreThe Effects Of Low Birth Weight Babies On Family And On The Community868 Words à |à 4 Pagesdisparities related to ethnic and cultural groups relative to low birth weight infants and preterm births. Describe the impact of extremely low birth weight babies on the family a nd on the community (short-term and long-term, including economic considerations, on-going care considerations, and co-morbidities associated with prematurity). Identify at least one support service within your community for preterm infants and their family. Provide the link for your colleagues to view. Does the service adequatelyRead MoreMary Shelleys Frankenstein. The themes of giving birth and creating life, isolation and alienation and family and kinship.2078 Words à |à 9 Pageswriters and on movie makers. Its themes have fascinated the literature scene and inspired other authors. This is why I would like to introduce the main themes leading through the story. I will focus on the themes of giving birth and creating life, isolation and alienation and family and kinship. I will give a short overview on how these themes still fascinate the readers of this book almost 200 years after it was written. While reading the book I wanted to find out more about the time and social backgroundRead MorePros And Cons Of Birth Control1442 Words à |à 6 PagesEven though birth control issues remain as a controversial topic from the early 18th century to now, the debate between Margaret Sanger and Winter Russel on the pros and cons of providing information about birth control strategies for the public was a foundation stone for todayââ¬â¢s family planning policies and regulation of transmission of venereal disease in the United States of America. It is important to note that although in 1920 information about birth control strategies were banned from reachingRead MoreThe Relationship Between Birth Order and Intelligence Essays1178 Words à |à 5 PagesDebates on the relationship between birth order and intelligence have been remaining controversial. Birth order is considered as a persons ranking by age among his or her siblings. There have been numerous researchers studying about this s ubject to find whether firstborns generally have a higher IQ scores than their siblings. Some scientists conclude that birth order strongly influents intelligence; however, others oppose to this, claiming that birth order has no effect on intelligence. In thisRead MoreHigh Value Care Is A Driving Force And Affordable Care Act ( Ppaca )1355 Words à |à 6 Pagespregnant women and how families can seek safe and affordable care outside of a hospital. The Centers for Medicare and Medicaid Services examined the birth center model as a means of providing high-quality care. Additionally, the Strong Start Initiative of 2012 listed Birth Centers as one of three options for enhanced prenatal care. The American Association of Birth Centers (AABC) conducted a study in January 2013, this study confirmed the long standing belief that midwife-led birth centers provide aRead MoreBirth Control Essay1297 Words à |à 6 Pageslowered. I am interested about how birth control has evolved, and the effects it has had on women socially and economically. The research begins before the 17th century; the primary purpose of contraceptives was to prevent disease, not pregnancy. During this time the Catholic Church in Europe does not recognize birth control aside from abstinence, causing citizens to break away from the church. By the 18th century doctors in France were educating men about birth control, and contraceptives wereRead MoreEssay about Birth Order1163 Words à |à 5 PagesBirth Order Does being the eldest child make people highly intellectual, people pleasing, perfectionists? Are the middle children always impatiently competing for parental attention by rebelling against the rules? Are all last-born children the spoiled, selfish, favorites? Birth order, a highly controversial topic, is defined as the dynamics of an individualââ¬â¢s place in the family compared to that of their siblings. Birth order has been in a fiery discussion for over one hundred years; some say itââ¬â¢sRead MoreEssay on The Effect of Birth Order on Learning and Development1225 Words à |à 5 PagesThe Effect of Birth Order on Learning and Development Birth order is a topic studied by many psychologists through numerous different studies and conflicting viewpoints. In respect to the order in which children are born, psychologists have labeled specific personality traits for each child. While psychologists continue to disagree on the amount of emphasis to be placed on birth order and personality, studies have shown family size can be a determining factor in a childââ¬â¢s learning and development
Wednesday, May 13, 2020
Business Marketing Management Business Management
Amanda Gross Ms. Jessica Madinger Comp 101 C 9 November 2015 Business Marketing Management Outline Business has several majors to seek, such as: Accounting, Economics, Administration, Marketing, International business, Entrepreneurship, and lastly Management. A business degree has many of opportunities. This paper is going to specifically focus on Management which you can get a minor in marketing, which would be called marketing management. Management has several classes to can take, and several of careers to pursue. Those classes are similar to other professions; Marketing and Administration which have similar classes to take. Business Management was essentially created around 7200 B.C., the Ubaidians, of Sumer created the firstâ⬠¦show more contentâ⬠¦There are many of tasks that are used daily in business management. Such as, coordinating and being involved in promotional activities. To improve product or services direct or help with marketing ideas. Evaluate financial aspects, to improve customer satisfactions. Conduct a list to describe product and service offerings. Direct hiring by training and watching future employees performances to help them know what to do when they enter the field, so they can help improve services. Communicate with vendors to improve distribution. Also they analyze date, make crucial business decisions and supervise a single department. There are many of skills that are required in business management. Skills, such as: active learning, active listening, critical thinking, reading comprehension social perceptiveness, speaking, judgment and decision making, monitoring, persuasion and lastly complex problem solving (Job and Career Accelerator). There are also many abilities that are required to be mastered before pursuing a career in management. These abilities consist of oral comprehension, oral expression, written comprehension, deductive reasoning, written expression, fluency of
Wednesday, May 6, 2020
How Does Steinbeck Present the Character of Curleys Wife Free Essays
How does Steinbeck present the character of Curleys Wife? In this essay I am going to be assessing the character Curleys Wife from Steinbeckââ¬â¢s book Of Mice And Men. The book is set in the 1930s during the Great Depression it features two farm workers called George and Lennie. The travel around together in search of work sharing a dream of a place of their own, a small ranch where they can live and work for themselves. We will write a custom essay sample on How Does Steinbeck Present the Character of Curleys Wife or any similar topic only for you Order Now It tells the story of how violence may erupt to destroy those dreams. Curleys wife is a character in the book who from the brief encounters with her is presented in two ways. Firstly the dangerous, flirtatious character who isnââ¬â¢t trusted by the rest of the ranch workers but then later one we realize how she is just a victim of loneliness with her being the only girl on the ranch and how she too has an incomplete American Dream to pursue an acting career. Curleys wife is a very important character and is heavily involved in the outcome of the story when George ends up shooting Lennie however there is the question of her innocence. Before we meet Curleys wife, Steinbeck deliberately gives us a first impression of her to let us know their honest views on her with Candy and Georges conversation. Candy starts by saying ââ¬Å"Waitââ¬â¢ll you see Curleys wife. â⬠, this makes us anticipated of her and gives us an expectation of what is going to be said about her. During the conversation the only positive thing said was that she was ââ¬Å"purtyâ⬠. She is portrayed as being flirty and not satisfied with her husband when Candy claims ââ¬Å"Married two weeks and got the eye? Maybe thatââ¬â¢s why Curleys pants is full of ants. â⬠This makes the reader think because if they were newlywed they should be on their honeymoon period however one is overly flirtatious and the metaphor ââ¬Å"pants is full of antsâ⬠shows the others paranoid over her, this gives us the sense somethingââ¬â¢s not right with their relationship. Steinbeck exaggerates the use of the phrase ââ¬Å"the eyeâ⬠to mirror the fact she repeatedly flirts with the men in search of attention. Steinbeck describes her negatively when he refers to her as a ââ¬Å"tartâ⬠when Candy says ââ¬Å"well i think Curleys marriedâ⬠¦ a tartâ⬠, the ellipsis shows Candyââ¬â¢s unsure whether he should refer to her in such an insulting manner but he chooses to anyway. The conversation prejudices Curleys wife before we even meet her and the fact George thinks she will be trouble prepares the reader for future events. Steinbeck uses his description of Curleys wife carefully to give us a certain first impression on her before finding out more about her. The escription starts with ââ¬Å"the rectangle of sunshine in the doorway was cut offâ⬠, the light being cut off could be foreshadowing her being the obstacle that would eventually ruin George and Lennies hopes and dreams. Steinbeck then calls her a ââ¬Å"girlâ⬠rather than a woman implying her youth and vulnerability, he continues keeps her unnamed to uphold the prejudice women faced in the 1930ââ¬â¢s and to s how the oppressive misogyny posed against her and how she is only seen through her relation to Curley and is ultimately a possession of his, unworthy of a unique identity. Steinbeck also claims she was ââ¬Å"looking inâ⬠showing her as an outsider who doesnââ¬â¢t really fit in and when she does look in, itââ¬â¢s to see something she hopes to have in the future, friendship. When Steinbeck starts to describe her appearance he starts with ââ¬Å"she had full rouged lips and wide spaced eyes, heavily made upâ⬠this makes us realise she hides her face with makeup showing her self-consciousness and gives the impression she is trying to look older however itââ¬â¢s not working by her previously being referred to as a ââ¬Å"girlâ⬠. Steinbeck repeats the word red when he says ââ¬Å"her fingernails were redâ⬠and then ââ¬Å"red ostrich feathersâ⬠, the noun red has many meanings for example, love but it also means danger and stop. This could again be showing signs of what the future could hold for her and how her desire for love becomes a great danger when leading to her death. Her facial features are a great contrast to her ââ¬Å"nasal, brittleâ⬠voice that implies sheââ¬â¢s about to break. Curleys wife is provocative with her body language as she is described to have ââ¬Å"put her hands behind her back and leaned against the door frame so that her body was thrown forwardâ⬠and ââ¬Å"she looked at her fingernailsâ⬠, she is very conscious of the affect she has on men and uses this to her advantage however her inappropriate clothes and her behavior I think are designed to provoke interest and attention rather than to invite intimacy, we later learn this is because of her loneliness in her marriage to Curley. Her loneliness is clear by her constant asking of the whereabouts of Curley proving she is just looking for an excuse to continue her conversation with the ranch workers. The perceptions we make of Curleyââ¬â¢s wife are corrupted from the views of the ranch hands. Because sexuality is her only weapon she is referred to by George as ââ¬Ëjailbaitââ¬â¢ and ââ¬Ë a tartââ¬â¢ ââ¬ËJesus what a tramp. ââ¬Ë George has reason to be weary of her presence especially with Lenny around and the incident in Weed. Listen to me you crazy bastardâ⬠¦ Donââ¬â¢t you even look at that bitch. He is concerned about Lennie safety because he knows he wonââ¬â¢t be able to resist her. The next time Steinbeck presents Curleys wife is in her conversation with Lennie, Candy and Crooks. In this extract we see how Curleys wife clearly enjoys having power over others and because she is the only girl on the ranch she is prone to discrimination by being made to feel like one of Curleys pos sessions. We first get this impression when she refers to them as ââ¬Å" a bunch of bindle stiffs ââ¬â a nigger anââ¬â¢ a dum-dum and a lousy olââ¬â¢ sheepâ⬠, Curleys wife wouldnââ¬â¢t dare say these insults to anyone else but she would to these three men purely because one is older, one is mentally challenged and the other is a black man who in the 1930ââ¬â¢s faced larger discrimination than girls. However her vulnerability is still shown when she asks ââ¬Å"whatta ya think I am, a kid? â⬠. The use of this rhetorical question makes us remember how she doesnââ¬â¢t want to be thought of as a little kid linking Back to when Steinbeck repeatedly called her a ââ¬Å"girlâ⬠rather than a woman giving us the impression that even she realises how lowly she is thought of in the ranch so Steinbeck makes her speak ââ¬Å"contemptuouslyâ⬠to show how she thinks they are beneath her. This scene adds to making the reader dislike her and see her as the downfall of the men in the story. Steinbeck lets us learn more about Curleys wife in the final scene before her death. Here we learn that she too has her own dream just like all the other men on the ranch, her dream was to become a movie star in Hollywood and here we also see a completely different side to her initial flirtatious character we originally meet. Curleys wifeââ¬â¢s naivety is demonstrable in her approach and attitude towards her dream. ââ¬Å"I coulda made something of myselfâ⬠she refuses to accept that her dream had a very little chance of coming true, when she says ââ¬Å"maybe I will yetâ⬠she uses her dream as an escape from her loveless marriage and pitiful life; she is deluded that her dream will be realised and clings to the hope of a better life. Curleys wife also blames others for the breakdown of her dream, especially her mother, ââ¬Å"My olââ¬â¢ lady wouldnââ¬â¢t let meâ⬠¦. if Iââ¬â¢d went I wouldnââ¬â¢t be livinââ¬â¢ like this you betâ⬠she is using her mother as a scapegoat for the failure of her dream, and her current situation. Therefore by marrying Curley, she has managed to escape her mother who she feels is responsible for preventing her from achieving her dream of being a movie star. ââ¬Å"an I coulda sat in them big hotelsâ⬠, Curleys wifeââ¬â¢s dream revolves on what could have been, she yearns for luxuries and attention,. Like the men she desires friendship, but her dream is more materialistic; she seeks the attention she feels she deserves. When Curleys wife is telling Lennie about her dream, Steinbeck states that ââ¬Å"Her words tumbled out in passion of communication as though she hurried before her listener could be taken awayâ⬠This links to her desperation for someone to talk to and how she yearns for some sort of interaction. Curleys wife dream makes her more vulnerable and human. Steinbeck recreates this impression by portraying her innocence in death. Steinbeck uses very specific language when describing how Curleys wife was murdered by Lennie. In this extract we see how she underestimated Lennieââ¬â¢s great strength and this is proven when she says ââ¬Å"Jusââ¬â¢ like a big babyâ⬠, we as readers know he is capable of murder and we know he is anything but a big baby adding to the tension. Steinbeck does give us a moment of hope when he remembers his Aunt Clara who he has occasionally forgotten, this gives us hope that he will remember Georges warnings on Curleys wife but this isnââ¬â¢t the case. Curleys wife invites Lennie to feel her hair after hearing about his love of stroking soft things and she soon realises her mistake when she goes ââ¬Å"Donââ¬â¢t you muss it upâ⬠and when Lennie refuses to let go she cries ââ¬Å"let goâ⬠ââ¬Å"you let goâ⬠the use of these short sentences lets us realise her panic. Steinbeck declares how she ââ¬Å"writhed to be freeâ⬠this could really mean how she ached to be free of the ranch and of Curley. Then when he adds how ââ¬Å"her hoarse cry came outâ⬠it creates a major contrast to when she wasnââ¬â¢t heard by the men and when her voice is needed the most she is being stifled. He even mentions how her ââ¬Å"eyes were wild with terrorâ⬠, they arenââ¬â¢t being described with being heavily made up. When Curleys wife is killed Steinbeck ensures the readers sympathy for Lennie is maintained. The reader sees the killing as an inevitable consequence of Lennieââ¬â¢s bear-like strength and Curleys wifeââ¬â¢s desire for attention. The use of the simile ââ¬Å"and he shook her and her body flopped like a fishâ⬠creates an unsympathetic image, further emphasised with the alliterative ââ¬Å"fâ⬠, as we tend not to feel sorry for dying fish in the way we may for a different animal. The sympathy the reader may feel for Curleys wife is weakened with ââ¬Å"and she was still, for Lennie had broken her neckâ⬠as this seems harsh. This tone reminds the reader that Lennie would not have wanted to break her neck it was just something that happened so, even though he has committed a terrible act, the reader does not fully blame Lennie. The repetition of the natural imagery, including the clear link to the animalistic imagery when Curleys hand was crushed as he ââ¬Å"flopped like a fish on a lineâ⬠, both links Curley and his wife as the enemy, but also reminds the reader of Lennieââ¬â¢s early description as a bear, reiterated with his ââ¬Å"pawâ⬠-like hands throughout the novel. Because of this, it seems clear that this was both inevitable and natural as bears do kill fish, and Steinbeck could be highlighting the predatory nature of the world; it could also suggest that Steinbeck was trying to show the constancy of the natural world and Lennie is just another victim in this world. However when Curleys wife is dead Steinbeck seems to show her the respect she deserves as his description of Curleys wife after her death is evidently more complimentary than previous occasions. He starts by saying ââ¬Å"The meanness and the planning and the discontent and the aches for attention was all gone from her faceâ⬠this straight away lets us realise that only from her death we see the other side to her, the side that was unhappy with her marriage and her life, her incomplete dream and the constant craving for a companion and all this because of her death simply disappears. Steinbeck also uses words such as ââ¬Å"sweet and youngâ⬠to project Curleys wife more positively as a pretty, young woman, free of all mean qualities. This contrasts to the other times he referred to her as a ââ¬Å"girlâ⬠because this time he is reflecting her purity rather than her childlike features. When he says ââ¬Å"Now her rouged lips and her reddened cheeks made her seem alive and sleeping very lightlyâ⬠it shows us what her life could have been like if she were to have completed it to its full potential. The way Steinbeck portrays her now is a lot more poetic showing his respect. In my conclusion I think Steinbeck manages to portray two sides to Curleys Wife in the book Of Mice and Men. The first side is the misunderstood girl who isnââ¬â¢t trusted and her need for company and a friend is mistaken for a flirtatious troublemaker. However at the end of the novel Steinbeck makes her intentions clear and shares her dream of becoming a Hollywood movie star giving the readers the chance to see the vulnerable side of her, the one that shows her as not wanting but needing somebody to talk to. The need for such things is what caused her death. Lennie was keeping her company and she needed this so much that she was willing to let him harm her, and in this case kill her. Steinbeck also shows her differently in death as well. He gives Curleys wife respect and describes her as being beautiful and majorly contrasts the provocative way he did beforehand. How to cite How Does Steinbeck Present the Character of Curleys Wife, Essay examples
Tuesday, May 5, 2020
Introduction to Business Law Comprehend the Transaction
Question: Describe about the Introduction to Business Law for Comprehend the Transaction. Answer: 1: The three causes of action on which the respondents had relied upon were: (i) that the bargain was unconscionable; (ii) That the transaction has been procured as a result of undue influence; (iii) and the transaction has been induced as a result of a misrepresentation or due to the reason of the concealment of facts regarding which a duty was present on the bank to disclose. However, these contentions of Mr. and Mrs. Amadio were rejected by the learned primary judge who believed that on the basis of the facts that the bank was aware of, the bargain between the parties was an ordinary one, that was created in the usual and regular course of commerce and the bank was not aware of any inequality of bargaining power. Moreover, the primary judge also stated that there was no evidence regarding undue influence or any misrepresentation or concealment on part of the bank or Vincenzo Amadio. The result was that Mr. and Mrs. Amadio raised these issues to challenge the mortgage guarantee tha t they have signed. 2: The three conclusions of the appeal court while reversing the decision of the trial judge after examining the facts of this case. Therefore these three inferences were:- (i) The bank had an obligation to reveal the noteworthy additions to Mr. and Mrs. Amadio however in this case, this obligation was not fulfilled by the bank. At the same time, the other conclusion on the basis of which the decision of the trial judge was reversed by the appeal court was that (ii) The bank can be held accountable for the representation that has been made by the son of the respondents, Vincenzo Amadio. The 3rd inference that was made by the appeal court in this case was that (iii) under the circumstances, the transaction between the parties can be termed as unconscionable. The result is that it can be said that in view of the nature of the transaction, equity demands that really should be provided to the other party, in this case Mr. and Mrs. Amadio. 3: While delivering his judgment in this case, Gibbs J. arrived at the conclusion that the company controlled by the son of respondents, Vincenzo Amadio was facing financial problems and the company had crossed its overdraft limit. Moreover the cheques issued by the company were also being regularly dishonored, the circumstances alone cannot be considered as being sufficient for imposing a duty on the part of the bank which requires the bank to disclose these facts to any potential surety. In this regard, Gibbs J. stated that when the contract that has been created between the bank and one of its customers is unusual in nature, there is a duty on the part of the bank according to which such a disclosure should have been made to the potential surety. Therefore, Gibbs J. was of the opinion that there was a duty of disclosure present on the bank as there was a special arrangement between the bank and its customer, Vincenzo Amadio. Moreover, on the basis of the nature of the arrangement, it can be said that generally a surety will not expect the presence of an arrangement of such a nature. Therefore this duty to disclose these circumstances to the potential surety has been imposed on the bank as a special arrangement has been concluded between the bank and his customer and normally, a probable surety will not expect the presence of such an arrangement. In this case, Gibbs J. noted the fact that special reasons were present for the bank to maintain a tolerant attitude towards the company owned by Vincenzo Amadio. Not only the bank highly valued its connection with Vincenzo due to the reason that he was a significant client but also in view of the business that Vincenzo brought and also on account of the fact that his company was engaged in building houses with a company that was the subsidiary of the bank. Therefore the company built the houses at cost plus 10 percent which only covered the administrative charges and the intention was that any profit on the sale of the buildings has to be shared between the subsidiary of the bank and another company that was controlled by Vincenzo Amadio. However, the bank realized that it can allow no longer the account of the company of Vincenzo to be conducted as before. Therefore the bank decided that further operations should be stopped on the overdraft accounts and it was to be treated as a fully drawn advance account. All the cheques that were drawn on the account had to be dishonored. Therefore the company had to open the second account and this account was kept in credit. 4: In this case, there were two facts on account of which Gibbs J. stated that the relevant circumstances need to be disclosed to the respondents, Mr. and Mrs. Amadio by the bank. The firs relevant circumstance in this regard that was noted by Gibbs J. was the fact that the bank had a special arrangement with its customer, Vincenzo Amadio. The bank treated Vincenzo as a special customer as he brought a lot of business to the bank from other parties, apart from his own business. Under these circumstances, there was an arrangement present between the bank and the company owned by Vincenzo Amadio according to which, it was decided that the bank will provide an overdraft limit of $270,000 to Amadio Builders immediately. However there was a condition attached to this arrangement. According to this condition, the overdraft limit was going to be reduced to $230,000 by the bank within a week. Similarly after a fortnight, the bank was going to further reduce the limit to $180,000. The result was that according to this arrangement, in a period of 3 weeks, the bank was going to reduce the overdraft limit less than the debit balance. Consequently, the court stated that the failure to disclose the circumstances to the respondents can be treated as misrepresentation. Hence, in view of these sects, Gibbs J. arrived at the conclusion that in this case, the bank had a duty to make the relevant disclosures to the respondents. 5: in this question, the ratio due to which Gibbs J. ruled in favor of Mr. and Mrs. Amadio needs to be discussed. Therefore in this case, the ratio behind the decision that was delivered in this case by Gibbs J. was that the bank had a duty to disclose the relevant facts to the elderly couple but the bank had failed in its duty to disclose the relevant circumstances to Amadio couple. The result was that Gibbs J. arrived at the conclusion that the appeal should not succeed. Hence the legal issue on account of which, Gibbs J. had arrived at the decision was related with the failure by the bank to disclosure when circumstances to the elderly couple. 6: The ratio behind Mason Js judgment was different from the issue adopted by Deane J. although Mason J. had confirmed the detailed statement related with the facts of this case made by Deane J and in the same way, Mason J. had also confirmed the conclusion that was made by Deane J. according to which in this case, according to the facts, relief needs to be granted to the respondents. The ratio adopted by Mason J. was not the same as that of Deane J. due to the reason that Mason J. believed that the bank can be held responsible for unconscionable conduct. At the same time, it was also the opinion of Mason J. that in this case the conduct of the bank was unconscionable when it had obtained the guarantee from the elderly couple. 7: A difference existed between the ratio of Mason J. and the ratio on the basis of which Gibbs J. had arrived at this conclusion. The difference between these two was present due to the reason that in case of Mason J., the emphasis was on the fact that even if the doctrines that dealt with unconscionable dealings and the equitable doctrines regarding the undue influence have a connection in common but still these two are not the same. Considering the difference that is present in these two, generally where the court is going to provide relief to a party to the contract on account of unconscionable dealings, the court considers the fact if proper consideration was supplied by the stronger party to the contract. But there can be certain instances where the stronger party may have provided adequate consideration still the court will look into as being unjust or unfair, in view of the disability that was present on part of the other party. Consequently, this ratio adopted by Mason J. wa s different from that of Gibbs J. who was of the opinion that the failure of the bank to reveal all the relevant circumstances to Mr. and Mrs. Amadio amounted to misrepresentation. 8: in this case, Mason J. had identified three ways in which it can be said that a gross inequality of bargaining power existed between the respondents and the bank. These facts can be described as follows:- There was a lack of ability among Mr. and Mrs. Amadio to determine if the transaction was in their best interest or not, especially due to the reason that they were particularly motivated by the wish to help their son, whom they believe to be doing very well otherwise. In this case, the respondents were dependent on their son for advice who had asked his parents to enter the transaction of mortgage contract for the purpose of serving his own interest. In this case the respondents, Mr. and Mrs. Amadio were immigrants from Italy and they were in advance years of age. Moreover, they have very little knowledge of written English and similarly there experience of business matters was also very insignificant. 9: A difference was present when the two judges explained the legal issues of unconscionable conduct and undue influence. Therefore in their judgments, both these judges stated that a difference is present between undue influence and unconscionability although a connection is also present between the two as these two doctrines are doctrines of equity. Consequently, both the judges pointed out towards the legal differences that existed between these two terms. According to them, when the matter is based on an influence, the court has to consider the quality of consent that has been provided by the weaker party. However when a party has alleged unconscionable conduct, the court reasoned that the requirement to consider the conduct of the stronger party for the purpose of enforcing or retaining the benefit received by such party due to dealing with the other party that has been facing a particular disability. 10: The ratio on the basis of which, Deane J. had arrived on his decision in favor of the elderly couple can be described as follows. He noted the fact that clear evidence was present in this case according to which the respondents required to advise to understand the nature/effect of the deal that they were going to create. Similarly, this fact was also noted by Deane J. that the advice provided to the elderly couples should have included the advice concerning the importance of the surety to discover the state of account of the person concerning which the surety is going to provide a surety and the surety should also be aware of the fact that any unusual features were present, regarding the account. On these grounds, Deane J. arrived at the conclusion that if this information would be given to the respondents, they would have refused to enter the mortgage contract. In the opinion of Deane J., the transaction between the respondents and the bank needs to be considered in view of the special disability on part of Mr. and Mrs. Amadio and also the fact that this disability was quite clear to the bank. 11: In this case, Dawson J. had given a dissenting judgment. He was of the opinion that the respondents, Mr. and Mrs. Amadio relied on their son's misrepresentation and as a result, the bank had not made this misrepresentation but now, he said that the respondents want that responsibility should be shared by the bank even if the misrepresentation was only made by Vincenzo Amadio. Under these circumstances, Dawson J. was of the opinion that in this case, it is not suggested by the circumstances that the respondents have been misled when they have entered into the mortgage contract with the bank. Similarly, Dawson J. also pointed out towards the fact in his decision that the relationship that existed between the respondents and their son can be treated as a valid reason due to which the respondents have entered into the transaction, especially as they wanted to help their son. Dawson J. also mentioned in his dissenting judgment that for the purpose of applying equitable jurisdiction, i t is required that a party to the contract should have exploited the other party on the grounds of its disadvantages position and consequently, it can be claimed that the party that has received the benefit under the contract should not be allowed to retain such a benefit in good conscious. Hence, it was the opinion of Dawson J. that in the present case, there are no grounds due to which it can be said that the respondents, Mr. and Mrs. Amadio were in any disadvantages position and any benefit has been taken by the Bank of such a position. Similarly, Dawson J. also mentioned in his judgment that the facts like the advanced age of the respondents cannot be treated as an infirmity. Similarly he pointed out that the fact that the respondents have limited knowledge of English cannot be said to be establishing any difficulty for the respondents to comprehend the transaction. He also said that it has not been established in this case that the respondents depended on the bank to provide them with proper advice. References Commercial Bank of Australia Ltd v Amadio [1983] HCA 14
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