Tuesday, January 21, 2020
Breast Cancer Treatment Essay -- essays research papers fc
Breast Cancer Treatment à à à à à Only lung cancer kills more women each year in the United States than breast cancer does. The American Cancer Society (ACS) estimates that over 184,000 new cases of breast cancer were diagnosed in women in 1996 (ACS Breast). Although these statistics are alarming, there are a number of treatment options available for those that are diagnosed with breast cancer. à à à à à The best way to treat any disease is to prevent it. Since little is known about breast cancer, there are no established rules for prevention. The ACS recommends that women age twenty and older perform monthly breast self-exams, and it also suggests clinical examinations every three years (ACS Breast). Mammography is also a wonderful tool for detecting tumors; however, there is conflicting data on when and how often women should have mammograms. What is known is that mammography is the best way to determine if a palpable lump is actually cancerous or not. à à à à à Treatment methods for breast cancer can be lumped in two major categories; local or systemic. Local treatments are used to destroy or control the cancer cells in a specific area of the body. Surgery and radiation therapy are considered local treatments. Systemic treatments are used to destroy or control cancer cells anywhere in the body. Chemotherapy and hormonal therapy are considered systemic treatments. à à à à à Surgery is the most common treatment for breast cancer. Although there are many different types of breast cancer surgery, they all fit into a few basic categories. An operation that aims to remove most or all of the breast is called a mastectomy. If at all possible, doctors shy away from mastectomies due to the side effects which include loss of strength in the closest arm, swelling of the arm, and limitation of shoulder movement. If a mastectomy must be performed, the physician will often suggest post surgical reconstruction of the breast (Kushner 37). à à à à à Another type of breast cancer surgery is called breast-sparing surgery. This category would include lumpectomies and segmental mastectomies. In this situation, doctors remove only the tumor and make an attempt at sparing the rest of the breast tissue. These procedures are often followed by radiation therapy to destroy any canc... ...nbsp;à à à Contrary to the negative press commonly attributed to breast cancer, there are viable treatment options for those diagnosed with this terrible affliction. The push for increased research in breast cancer is even coming from the White House. President Bill Clinton mentioned his support for increased funding for research and prevention in his recent State of the Union Address, and he urged insurance companies to pay for more mammograms. Hopefully, with the support from the White House, new treatments can be found for breast cancer, and maybe with a little luck we will have a cure by the turn of the century. Works Cited American Cancer Society. Breast Cancer. Document 004070. American Cancer Society. For Women Facing Breast Cancer. 1995. Kushner, Rose. If You've Thought About Breast Cancer. Kensington, MD: Rose Kushner Breast à à à à à Cancer à à à à à Advisory Center, 1994. LaTour, Kathy. The Breast Cancer Companion. New York: William Morrow and Company, Inc., 1993. National Institutes of Health. National Cancer Institute. What You Need to Know About Breast à à à à à Cancer. Revised August 1995.
Monday, January 13, 2020
Language Acquisition and Development
A huge variation in the rate of vocabulary and language development can be observed à in children , and parents/caretakers should not expect all children to develop at the same rate .The development of speech is dependent on the environment that the child is brought up in especially the social interactions the child has with the members of the household. A child who is spoken to often and is exposed to the daily routine of the house/ neighborhood develops its own interpretation and relation between words and actions. Kids typically try to use the type of communication conventional in their community for example a child brought up in a active Spanish household may start waving its arms to communicate before actually forming the words when it sees the people in its orbit doing so. A child brought up in a silent household may not speak early as it has negligible exposure to the use of verbal or non verbal communication. The Motor function development in the child also impacts the rate of speech development. Children who are read to often or encouraged to speak are seen to make better effort at communication rather than those children left to their own devices. It is also found that children of working parents, who are left in day care, adopt the speech mannerisms they are exposed to in the day care center. There are instances when children develop speech when they find they are not getting what they want or need and vice versa. There also needs to be allowances made such as the health of the child and its behavior patterns. à The development of speech is also dependent on the interest displayed by the child in learning and participating in activities like play or reading. à Therefore we can see that children develop at different rates depending on their environment and internal biological development. The exposure that a child is given compounded with the pace of motor functions impact the age of speech for different children. References Wegner, Lynn (2007).Screening for Speech and Language Delay in Preschool Children: More Answers Are Needed. Pediatrics. 533-534. Nelson, Heidi D., Nygren, Peggy, Walker, Miranda, & Panoscha, Rita (2007). Screening for Speech and Language Delay in Preschool Children: Systematic Evidence Review for the US Preventive Services Task Force. Pediatrics, 298-319. Wertsch, James 1985. Vygotsky and the Social Formation of Mind. Cambridge, MA: Harvard University Press. Ã
Sunday, January 5, 2020
The Political, Social and Religious Situation of Palestine...
The Political, Social and Religious Situation of Palestine During the First Century AD The situation in Palestine at the time Jesus began his teaching was very unstable and ready for trouble. This was mainly because of the Roman invasion, and because they still occupied the land. This meant that there became definite different groups of people, who had different beliefs and attitudes towards one another. Overall, there were five different groups of people, who had differences between themselves. I shall explain the five groups and state their beliefs and attitudes, which led to trouble. The first group is the Romans. They had conquered many lands before the region of Palestine (now part ofâ⬠¦show more contentâ⬠¦They tried to make life hard for the Romans and they were violent. Through doing this there was a constant Roman army presence. I think that the Zealots had a right to rebel, because I would not be happy if my country was taken over by another country, and then the other country expected me to pay tax to fund them. The next group of people were called the Pharisees, their main aim was to try to live strictly by the laws of God (i.e. the Torah). The Pharisees believed in angels, resurrection and an after life. Most of them were good sincere men trying to do good, but some (the ones Jesus criticised were practising the religion in a showy way - doing it for attention and to win praise (hypocrites). Half of the Jewish ruling council (the Sanhedrin) were Pharisees and they voted for Jesus death. They disliked other religions and tried to keep away from them and be purely Jewish (the name Pharisee means separate one). This lot would have presumably disliked Roman rule and so, as you can see many of the people at that time disliked the Romans. Another group was called the Sadducees; these were priests who served in the Temple in Jerusalem. The Sadducees were very rich and powerful, so to stay that way, they were friendly with the Romans, just as they had been with the Greeks. In addition, their leader was seen by the Romans as the Jewish leader. TheirShow MoreRelatedWhy Islam Spread so Quickly4006 Words à |à 17 Pagesquestions. Homework: Analyze the remaining documents and answer the questions that follow. Day 2 ââ¬â 45 Minutes Step Four (continued): Discussion of Documents Option One: Working in pairs or threesomes, have students discuss the answers to the first set of Document Analysis questions they did for homework. Using a different-colored pen than they used for homework, they may add to their answers. After five minutes, open the discussion of that document to the full class. Then proceed to the nextRead MoreThe Effect of Emperors on Religion2087 Words à |à 8 PagesReligion has always been a predominant aspect in human life, whether we are believers or not, and has always influenced our lives whereas it is tied with social, political and economic aspects. Indeed, for example, nowadays Christianity has become the largest, dominant religion in the world with nearly 2.2 billion adherents in countries such as Brazil, Mexico, Russia and United States. [8] Moreover, Christianity not only as a religion itself, but along with the church, had had an impact on the courseRead MoreThe Palestinian And Palestinian State3134 Words à |à 13 Pagesand Pa lestinian state. Examining the first known palestinian and Jewish settlements (1882) will give a better understanding as to why they are the way they are, including the spread of Zionism. In this essay, there will be an unbiased approach towards the actions/ reactions of these tense regions. Covering the everlasting issues of: yielding palestinian refugees, border regulation, global recognition Since the region is so rich with itââ¬â¢s cultural and religious reputation, violence has been extremelyRead MoreThe Tensions Between Muslims And Jews1908 Words à |à 8 Pagesand Jews, the current political conflict began in the early 20th century. The Palestinians, both muslims and christians, lived in peace for centuries. Control of the city had historically, since 637 AD, been under Muslim control with guarantee of Christiansââ¬â¢ safety, right to property, and right to practice religion. The collapse of the Ottoman Empire led to European nations colonizing many of its former l ands, and the British gained control of Palestine. Social and political issues prompted EuropeanRead MoreSalahudin Ayubi / Muhammad Al-Fateh8251 Words à |à 34 PagesAYUBI Salahudin Ayubi, better known in the Western world as Saladin, was a Kurdish Muslim, who became the first Ayyubid Sultan of Egypt and Syria. He led Islamic opposition to the Franks and other European Crusaders in the Levant. At the height of his power, he ruled over Egypt, Syria, Mesopotamia, Hejaz, and Yemen. He led the Muslims against the Crusaders and eventually recaptured Palestine from the Crusader Kingdom of Jerusalem after his victory in the Battle of Hattin. As such, he is a notableRead MoreThis paper is about the Palestinian-Israeli Conflict and favors the side of Israel. Basically a persuasive essay and argues for Israel.2639 Words à |à 11 PagesSince the establishment of Israel in 1948, there has been constant fighting between Israelis and Arabs. The Israelis have the right to live peacefully in Israel, but there is a conflict because the Palestinians feel that Israel is their land. During recent years the conflict in the Middle East had been exploded on to our television screens. Day after day images of violence and suffering have dominated the news. Scenes of heavily armed Israeli soldiers facing young Palestinian children hurling stonesRead MoreRise and Decline of the Muslim Ummah9373 Words à |à 38 Pagesthe Rise and Decline of the Muslim Ummah The Twentieth century of the Christian era, according to our analysis, presents a decisive turning point in the history of the Muslim Ummah (community). At the end of the first quarter of the century the state of the Muslim world had taken a definite turn, and there were some signs of resuscitation in the moribund body of the Muslim Ummah. If we look at it closely, the middle half of this century presents an astounding picture. On one hand, the processRead MoreThe Origins Of The West East Essay2165 Words à |à 9 Pagesprehistorically Near East is very complicated and the names of locations and rulers are mostly difficult to read, spell, and even pronounce. Furthermore, the Near East is the part of the globe which today remains remote from the West in terms of culture while political pressures have hampered collective understanding. Despite the complexity of the names and rulers once a person gets the overall geography of the greater region and its antiquity, the art exposes itself as exceptionally intimate, beautiful, and charmingRead MoreInca Empire Essay3279 Words à |à 14 Pagesranged as far east as northern India and as far south and west as Egypt. Then Romans were the rulers of the whole area from Constantinopole, to Palestine and North Africa to Britain. After centuries, the Vikings, people from what is now N orway, Sweden, and Denmark, established colonies in northern France, Sicily, England, and Ireland. During the 13th century AD, Mongols created a vast empire in Central Asia and the Mongol Empire controlled the expanse of territory from the Ural mountains in Russia toRead MoreChristianity as a Unifying Influence in the History of Europe6059 Words à |à 25 Pagessingle influence in the history of Europe. Regardless of the century, no discussion would be complete without reference being made, at least in small part, to the Church. It is true that in recent centuries this influence has declined significantly, but nevertheless one could argue that it still plays an important part in the lives of many people. Throughout history Christianity has been both a unifying force and also a force for disunity. During the Dark Ages it was the only unifying force. By the Middle
Saturday, December 28, 2019
The Influence of Locke and Hobbes on Government - 1735 Words
Thomas Hobbes and John Locke have authored two works that have had a significant impact on political philosophy. In the ââ¬Å"Leviathanâ⬠by Hobbes and ââ¬Å"Two Treatises of Governmentâ⬠by Locke, the primary focus was to analyze human nature to determine the most suitable type of government for humankind. They will have confounding results. Hobbes concluded that an unlimited sovereign is the only option, and would offer the most for the people, while for Locke such an idea was without merit. He believed that the government should be limited, ruling under the law, with divided powers, and with continued support from its citizens. With this paper I will argue that Locke had a more realistic approach to identifying the human characteristics thatâ⬠¦show more contentâ⬠¦This absolute Sovereign will gain power when the citizens have given up the entirety of their rights to this new authority and agreeing to a covenant. This is considered a rational action, and is the o nly option for the body of people to smoothly come together. When that happens, an organized society forms, in which the consequences of not adhering to the rules and regulations of the covenant will be so severe, that no one would attempt to violate this contract and disobey the Sovereign. That can happen since first, the Sovereign has deadly force and is permitted to use it whenever he or she likes, and, second, the citizens have parted away with all their rights, and cannot protect themselves from this Sovereign. That fact creates a fearful, and therefore, obedient society. This limitless Sovereign is justified, based on information from the ââ¬Å"Leviathan.â⬠As we can infer from Hobbesââ¬â¢ views on human nature, people will always act selfishly and in an evil manner to obtain the things that they want. As a result, for people to contract into a peaceful society that will have what they want and need readily available, they must be bound by force. If this distrustful group of people had an inclination that the governing authority was weak, they would overturn it, fatefully returning them to the state of nature. Additionally, this absolute monarchy is considered warranted, according toShow MoreRelatedTwo Sided Coin: Thomas Hobbes vs. John Locke Essay905 Words à |à 4 Pages Two-sided coin: Thomas Hobbes vs. John Locke There are always two-sides everything including people and the government, kind of like science vs. faith view. With Thomas Hobbes and John Locke, they give the impression to be on opposite sides when it comes to people, society and the government even and yet both were Englishmen. Hobbes was born 5 April 1588 and died 4 December 1679; he is best known today for his work on political philosophy. While John Locke was 29 August 1632 and died 28 OctoberRead MoreJohn Locke s Theory Of Government884 Words à |à 4 Pagesshow how Thomas Jeffersonââ¬â¢s theory of revolution follows the speculation of government from the philosopher John Locke. Weââ¬â¢ll additionally discuss Thomas Hobbesââ¬â¢s theory of government. Both John Locke and Jeffersonââ¬â¢s theories contributed to the American Revolution and to the Declaration of Independence. Thomas Jeffersonââ¬â¢s theory of revolution found within the Declaration of Independence follows John Lockeââ¬â¢s theory of government in multiple aspects, as well as in both the description of freedom of opportunityRead MoreJohn Locke: Founding Father of Modern Era Liberalism1444 Words à |à 6 PagesThomas Hobbes, Jean-Jacques Rousseau, and John Locke are all great thinkers who were greatly influential in forming philosophies that would affect the future of politics. By analyzing each philosopherââ¬â¢s ideology, we can identify which thinkerââ¬â¢s theory reflected modern era liberalism the most. For this paper I will be arguing that, John Locke provides a more compelling framework of modern era liberalism because of his perception of the state of nature, the social contract and the function of governmentRead MoreEssay about Phi-286 Mod 3 Wa 1827 Words à |à 4 Pagesfrom John Lockes theory of government? Could it follow from Hobbess theory of government? Under what circumstances? Thomas Jeffersons theory of revolution seems to follow specific criteria from Thomas Hobbes original foundation, which was further expanded upon by John Locke and ultimately fine tuned by Thomas Jefferson. To get an understanding how these three philosophies follow one another, we must begin at the documented source; Thomas Hobbes. Thomas Hobbes lived during revolutionary timesRead MoreThomas Hobbes And John Locke1426 Words à |à 6 PagesBy the second half of the 17th Century, England would experience one of the bloodiest conflicts in its history, ultimately serving to influence some of the most phenomenal political philosophers in Europe --Thomas Hobbes, and John Locke. England was in constant unrest, choosing new forms of government almost on a whim in desperate attempts to restore order in the Country. The English Civil War in 1642 etched a legacy of dread in the people of England, and the war only appeared more disastrous andRead MoreViews of Hobbes, Locke and Rousseau815 Words à |à 4 Pages3/9/13 Thomas Hobbes, John Locke and Jean-Racques Rosseau were philosophers who stated their belief of human nature and how we should govern mankind. Although Rousseau was born a different time than Hobbes and Locke, they all had a very strong influence on the way governments should function. They created a revolutionary idea of the state of nature, the way men were before a government came into play. Each philosopher developed guidelines and responsibilities that the government is obliged to. AlthoughRead MoreComparing John Locke s Views On Political Systems969 Words à |à 4 PagesCompare and Contrast John Locke was a scholar who lived from 1632-1704. Locke worried about the absence of limitations on sovereign authority. As a man that was pro government for the people, he viewed politics as for the people or the people shall revolt. In stark contrast, Thomas Hobbes, who lived through much turmoil as well from 1588-1679, such as a civil war in Britain which lasted from 1642-1648 thought a sovereign leader was the only way to protect society from itself (Riemer, Simon, andRead MoreImpact Of Thomas Hobbes During The Age Of Absolutism1009 Words à |à 5 PagesThomas Hobbes During the Age of Absolutism The Age of Absolutism was a time during the 16th to 19th centuries where many political, religious and colonial conflicts were rising. Some philosophers began to analyze the ideas of their civilizations in depth toward the end of this time period as it led into the Age of Enlightenment. One of these philosophers was Thomas Hobbes. He had quite a few accomplishments during his lifetime including writing many books and supporting the popular belief thatRead MoreBriefly Explain What Is Meant by the ââ¬Å"Scientific Revolutionâ⬠That Took Place in Seventeenth Century Europe, and How It Marked a Departure from Ancient and Medieval Philosophy.1603 Words à |à 7 Pagesway Europeans viewed mankind, society, and traditional beliefs? The discoveries and exploration of the world overseas became key new influence on the European views of human cultures and nature of the human beings. Although Europe was a prominent figure during that time, Europe began rooting its territories overseas to analyze its comparison. The influence of European expansion can easily be seen: the Indian societies of America were modified or overshadowed; the indigenous societies of AfricaRead MoreJohn Locke And Thomas Hobbes886 Words à |à 4 Pagesthe differences in political theories expressed by both John Locke and Thomas Hobbes. In, Leviathan, by Thomas Hobbes, and in, The Second Treatise of Government, by John Locke different theories of political legitimacy and definitions of the state of nature are described. The following paragraphs analyze multiple different points that are imperative to understanding these political theories. In the reading, Leviathan, Thomas Hobbes discusses what human existence is in the state of nature and the
Friday, December 20, 2019
Gender Inequality And Gender Equality - 1367 Words
Introduction: Gender has and continues to be a contentious issue within the legal profession. Despite Anti-Discrimination legislation and diversification of the supply side, women still account for only one-fifth of Partner positions. So whilst the glass ceiling may have been shattered to an extent, the ââ¬Å"pipeline to power remains elusive for most womenâ⬠. Engagement with gender can assist in explaining this paradox. When coupled with consideration of other social classifications such as race and class, a clearer picture emerges of a legal profession in need of reform. This essay will primarily focus on commercial solicitors as gender inequality is most evident in this area. I sat down with corporate city lawyer, Amy Fenny, to help reframe the existing dialogue on gender equality by assessing gender bias and its impact on those who seek and attain positions of power within the legal profession. 1) Why do you think that it is important to have a diverse and equal workforce? Why does gender equality continue to dominate the debate on women in the workplace? The benefit of promoting equality within the workplace is three-fold. It is important that as a society, we are seen to be representative and inclusive. Without equality, society lacks legitimacy and therefore undermines public confidence in our institutions. A business case can also be proposed for the promotion of equality within the legal profession. A more diverse workforce ensures the diversification of marketShow MoreRelatedGender Inequality And Gender Equality1685 Words à |à 7 Pagesââ¬Å"Gender inequality refers to unequal treatment or perceptions of individuals based on their gender.â⬠According to united nations population fund ââ¬Å"gender equality is a human right. Men and Women are entitled to live with dignity and with freedom from want and from fear. Gender equality is also a precondition for advancing development and reducing poverty: Empowered women contribute to the health and productivity of whole families and communities, and they improve prospects for t he next generationâ⬠Read MoreGender Inequality And Gender Equality1667 Words à |à 7 PagesGender inequality is the state in which access to rights or opportunities is affected by gender. Gender inequality is an issue not just nationally but globally. This issue is portrayed by the mistreating of individuals, mainly women, and not valuing everyone as one. This presentation will illustrate the exploration of gender equality, propose a solution and why that solution will produce a better future for a better world. Gender inequality is a very important issue common in our world today thatRead MoreGender Equality And Gender Inequality921 Words à |à 4 PagesAccording to the dictionary, the definition of gender equality is the state in which access to rights or opportunities is unaffected by gender. Gender inequality is happening, where women have less control over resources, less power than males, and fewer opportunities across social, economic, and political life. Gender inequality is happening because of womenââ¬â¢s physical difference in education, work pay and job opportunities, family and culture, religion, and government. This is due to the stereotypicalRead MoreGender Inequality And Gender Equality1725 Words à |à 7 Pagesdifferent shades of green, with copious amounts of peace and tranquility. Gender equality, however, is something that seems to be left out of the typical picture of the ââ¬Ëperfect societyââ¬â¢. It is ironic that in the nation where ââ¬Ëall men are creat ed equalââ¬â¢, there are so many restricting gender roles woven intricately into society, and from those restrictions come discriminations based solely on the gender of another human being. Gender roles have been suffocating seven billion people since the beginningsRead MoreGender Equality And Gender Inequality979 Words à |à 4 Pages Throughout the past few decades, the gender inequality discourse have became a dominant feature of international, national and local policy debate on the subject of economic development. This policy concern has emerged as an area of scholarly research which seeks to show that improving gender equity leads to economic growth. Gender Inequality in Australia: According to the data published by Australian Bureau of Statistics in May 2015, the full time average earnings of women is $284.20 or 17.9%Read MoreGender Equality And Gender Inequality1255 Words à |à 6 Pagesââ¬Å"You canââ¬â¢t do that because youre a girlâ⬠. When I was younger gender inequality would start with these certain statements that corrupted ladies and brought down their confidence into supposing they couldnt do certain things, since it was seen as a mens activity or wasnt sufficiently ladylike. Now that this is a worldwide issue our a nation has decided to pass a law were women and men are treated fairly in having equal opportunities, responsibilities and are equal regardless of their sex. ThisRead MoreGender Inequality And Gender Equality1673 Words à |à 7 Pages Gender inequality Women are one-half of the world population they deserve equal opportunity as men because at the end gender equality is part of humanity progress. Many women around the world are treated less favoured than men not only in countries that have traditional gender role but even in societies that believe in equal right for both male and female. Gender inequality means unequal treatment or perceptions of individuals based on their gender. It results from differences in socially constructedRead MoreGender Inequality And Gender Equality Essay1540 Words à |à 7 Pagesabout gender equality. It isn t a reality yet. Today, women make up half of the U.S. workforce, but the average working woman earns only seventy-seven percent of what the average working man makes. But unless women and men both say this is unacceptable, things will not changeâ⬠stated Grammy Award winner, Beyoncà © (Knowles-Carter 34). Although in the twenty-first century, women are still fighting for equality to simply b e paid the same amount as men. The main causes of this gender inequality includeRead MoreGender Inequality And Gender Equality1387 Words à |à 6 PagesStudies made me understand gender as a social construct used to differentiate between the sexes. Even how gender-roles played a role in womenââ¬â¢s absence in education and the workforce, this systematic exclusion still takes place in Iran and highlights the privilege some men have over women. Even a nation as rich and powerful as the United States, equal opportunities for women are still lacking, most notably, the wage gap inequality. AAUWââ¬â¢s article The Simple Truth about the Gender Pay Gap, states thatRead MoreGender Equality And Gender Inequality2137 Words à |à 9 PagesHistorically, women have always been seen as the subordinate gender. Considered weaker, more emotional, and less intelligent or capable than their male counterparts, women have been trying for decades to overcome adversity and get to a point where they can be taken seriously in a patriarchal world. Though progress has been made, there is still a long way to go until true gender equality is established. In America today, women are still predominantly seen in professions that have been traditionally
Thursday, December 12, 2019
Online school vs Physical School free essay sample
An online school can impersonate many of the benefits provided by a physical school. For instances, learning materials, online exercises,self-paced courses, live online classes, tests and web forums but delivers these through the online medium. Physical interaction by students and teachers is unnecessary, or only supplementary. Virtual school may also enable individuals to earn transferable credits or to take identify examinations so that the student can be more capable to the next level of education. Instructional models vary, ranging from distance learning types which provides study materials for independent self-paced study, interactive classes where students or pupils work with a teacher in a class group lesson. The class can occupy from a small group of 6 pupils or students, to hundreds Live lessons with personal interaction needs a run on small groups of 6 30, while distance learning can be any number, and maybe very large amount. Besides that, it can also frequently be assumed that there is a problem of social communication in an online school, therefore for younger students must take a serious matter for lack of social skills training. We will write a custom essay sample on Online school vs Physical School or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page The distance learning approach where study packages are sent out, does fit this assumption, as the only human interaction is the marking of work by a teacher, and even that much may not be part of the education system. But in a live, interactive, online school lessons are socially establish. Students or pupils are in link with each other and with teachers through software provided by the online school, and by email, both in lessons and outside them. Students can also communicate by phone, where it is allowed. Through the various kinds of social contact personal relationships establishment. Some online schools do specifically address personal and welfare support, especially in the case of younger students for social skills training, both in its own right and to underpin effective, orderly lessons
Wednesday, December 4, 2019
Competition Australian Consumer Commission -Myassignmenthelp.Com
Question: Discuss About The Competition Australian Consumer Commission? Answer: Introducation The Australian Competition and Consumer Commission (ACCC) found that the advertisements displayed by the TPG Internet Pty Ltd. Were; Misleading and deceptive contrary to the ACL due to differences between the major headline offer and comparatively less significant terms which matches with the provided offer(Corrs, 2013). The ACCC also claimed that a number of advertisements were the breach of the regulations of the TPA because of its failure to specify in a highlighted manner and as a particular amount with a particular price for the bundle of services being provided by the company. The primary judge sustained the claims of the ACCC and considered a fiscal penalty of $2 million over the company(AustLII, 2013). It was claimed by ACCC that the advertisements of TPG contravened two statutory provisions, they are; It was claimed that the commercials were found to be misleading and deceptive because of its contravention with Section 52 of the TPA and Section 18 of the ACL because of exhibition of discrepancy between the important headline offer to the consumers and the comparatively less important advertisement matching with the offer(Dixon, 2013). It was stated that the publishing of initial advertisements and then the amended advertisement in continuance was the contravention of sections 52, 53(e), 53(g) and 53C of the TPA subsequent to its introduction to sections 18, 29(1)(i) and 29(1)(m) of Schedule 2 of the CCA (ACL)(Thampapillai et al., 2015). In this context, the ACCC claimed that several of the advertisements disobeyed section 53C (1) (c) of the TPA because of its failure to state in an important manner and as a particular offer at the solitary price for the bundle of services being presented by the company to the consumers(Battersby Webb, 2013). Bundling- The primary judge concluded the case on the basis of target audiences of the TPG, which constituted the extensive consumers of Australia in the region of the mainland city capitals, who were considered to be the potential users of the broadband internet services. It was determined by the judge that target audiences also incorporated the new users of the ADSL2+ services. It was also fund that because of varying range of available internet options, it was not easy for a reasonable consumer to assume whether the services being provided by the company were separate or bundled. Thus, it was established that the bundling condition operated in the situation as it doubled the monthly charge mentioned in the headline for the consumers as the further landline telephone charges was supposed to be an unnecessary service that was not realized and required by the consumers(High Court of Australia, 2013). Set-up fee- It was established by the primary judge that setup fees are always required for the purpose of broadband contracts maximum 2 years and the target consumers would be well aware about this fact. However, the impression of the dominant message that no further charges will be levied was preferred to be noticed by the consumers. If the intentions of the company were clear, then the advertisements were required to mention clearly about the requirement of further fee. It was found that there was lack of clarity in the offer of the company in advertisement on television, radio, internet and newspaper regarding the requirement of the setup fee(Edghill Edwards, 2013). Single price- It was determined by the primary judge that the company failed to importantly display the solitary price for the services being provided by the company in its initial advertisements on television, radio, internet and newspapers. It was established that the solitary price of $509.89 was not mentioned by the company for the package of services in an important manner in compliance with Section 53C (1) (c) of the TPA, in the preliminary advertisements by the company in television, newspapers and internet(Crennan Gageler, 2013). On the appeal of TPG to the Full Court of the Federal Court of Australia, all the findings of the primary judge were put to one side and the pecuniary penalty of $2 million was lessened to $50,000 regarding the result of the contravention which was sustained by the court. In this context, the difference in approach claimed by the Full Court of Jacobson, Bennett, and Gilmour JJ were; It was not a point of dispute if the percentage of target audience were less interested in broadband internet along with landline telephone. Whether the dominant message in the advertisement should be characterized as misleading. In this context, the Full Court stated that considering solely the dominant message does not consider the requirement regarding the characteristics of the hypothetical readers or viewers, which include information related to the bundling process of services and the knowledge regarding applicability of the set-up charges. The Full Court stated that the legislation does not function for the benefits of such people who do not take responsibility of their personal interests. Section 18 of ACL does not compel an obligation on a party to provide the information so as to evade the cost or carelessness of another party having equivalent bargaining power as well as competency. Thus, the court stated that conduct can be considered as misleading or deceptive as per its inclination to direct into mistake. There is requirement to establish a sufficient contributory association between the conduct and the mistake taking into consideration the people exposed to it. The majority of the High Court that included French CJ, Crennan J, Bell J, and Keane J found that the Full Court made a mistake in its decision in following ways; The Full Court did a mistake in considering that the opinion of the primary judge was mistaken in considering the dominant message in the advertisement as significant. It was stated by the court that the target audiences could not have been anticipated to concentrate on the advertisements because of their focus on the matter of their purchase and their lack of dutiful attention did not account for their failure to take rational care regarding their benefits. Secondly, the Full Court made a mistake in failing to realize that the inclination of the commercials by TPG to deceive was not counterbalanced by the acknowledgment of the Full Court regarding the information of the target audience that ADSL2+ services by the company may be offered in the form of "bundle" with extra charges. It was held by the majority that the dominant message would definitely take priority over any kind of specific knowledge of the target audiences that ADSL2+ services were commonly offered in the form of bundle. In the opinion of the High Court, the Puxu case was dissimilar from the TPG advertisements in three respects, out of which two are; The target audiences of TPG are not such type of potential purchasers who emphasize upon the matter of their purchase in the showrooms. The advertisements were an interference over the awareness of the target audiences, which should not always be welcomed. The main purpose of the advertisements was to grab the attention of the target audiences. However, while the attention of the audiences might have been grabbed, it cannot be expected from the consumers to pay a close attention to the advertisement. The attention of the judges focused on listening and viewing the advertisements certainly not is gratified in order to examine them for the purpose of the proceedings of case. The Full Court rightly recognized that majority will only give perfunctory and general attention without taking into consideration the reasonable care of their own interests. Secondly, it was not the case in which, the tendency of the advertisements of the company were to mislead the consumers by providing attention closely to a part of the advertisement and ignoring the balance. The intention of the company was to mislead the consumers' select some words in the advertisement to be emphasized more upon and to transfer the remaining to comparative insignificance. If I was in a job in the marketing division of an internet services provider, in order to commence an advertising operation, which could promote an eye-catching plan for the membership to be considered by the potential customers, I will advise to consider certain aspects while preparing an advertisement; In the advertisement, it should be carefully assessed what the dominant message is conveying to the customers wherever, emphasis is placed or headline is used in the advertisements. It would be safe not to assess the interpretation of the ordinary reasonable customer about the assumed knowledge regarding the product through the advertisement and everything should be clearly explained. Deterrence or avoidance can be considered as a fundamental issue in the assessment of penalty for the breach under the existing business law of the region if the motivating power behind the misleading conduct of the company is proved to be the commercial gain for the company. Therefore, it will be recommended that the advertisement should be clearly explaining the offers and services provided by the company along with the exact amount of fee to be paid by the customers and the benefits if it occurs. Everything should be mentioned in the advertisement in order to avoid any kind of confusions in future. References AustLII, 2013. Australian Competition and Consumer Commission v TPG Internet Pty Ltd [2013] HCA 54 (12 December 2013). [Online] Available at: https://www.austlii.edu.au/cgi-bin/sinodisp/au/cases/cth/HCA/2013/54.html?stem=0synonyms=0query=title(Australian%20Competition%20and%20Consumer%20Commission%20and%20TPG%20Internet%20Pty%20) [Accessed 16 Sepember 2017]. Battersby, M. Webb, K., 2013. Advertising and the ACL: Fine print couldn't save TPG Internet in the High Court. [Online] Available at: https://www.claytonutz.com/knowledge/2013/december/advertising-and-the-acl-fine-print-couldn-t-save-tpg-internet-in-the-high-court [Accessed 16 September 2017]. Corrs, 2013. High Court reinstates $2 million penalty against TPG. [Online] Available at: https://www.corrs.com.au/publications/corrs-in-brief/high-court-reinstates-2-million-penalty-against-tpg/ [Accessed 16 September 2017]. Crennan, B. Gageler, K.J., 2013. Australian Competition and Consumer Commission v TPG Internet Pty Ltd [2013] HCA 54. [Online] Available at: https://www.jade.world/case/2013HCA54 [Accessed 16 September 2017]. Dixon, K., 2013. ACCC v TPG - The ACCC Bites Back in a High Court Win Overruling TPGs Successful Appeal. [Online] Available at: https://www.addisonslawyers.com.au/knowledge/assetdoc/7f0dda0ad438ee0d/ACCC%20-%20TPG%201068319_1.pdf [Accessed 16 September 2017]. Edghill, K. Edwards, M., 2013. Australia: ACCC v TPG Internet Pty Limited: High Court rules on claims of misleading headline advertising. [Online] Available at: https://www.mondaq.com/australia/x/281682/advertising+marketing+branding/ACCC+v+TPG+Internet+Pty+Limited+High+Court+rules+on+claims+of+misleading+headline+advertising [Accessed 16 September 2017]. High Court of Australia, 2013. Australian Competition and Consumer Commission v TPG Internet Pty Ltd [2013] HCA 54. [Online] Available at: https://www.hcourt.gov.au/assets/publications/judgment-summaries/2013/hca54-2013-12-12.pdf [Accessed 16 September 2017]. Thampapillai, D., Tan, V., Bozzi, C. Matthew, A., 2015. Australian Commercial Law. Cambridge University Press.
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