History Unit 2

â€Å"Do you concur with the view recommended in source 5 that the fundamental factor keeping the press from distributing ‘bad news’ during the Boer war was restriction by the military specialists? † Bad news during the Boer war was occasions, for example, the mass passing which happened in the death camps. Source 5 says that â€Å"some writers attempted to report awful news just as great, yet even with military cenecorship, they didn't persist†. I do concur with the view recommended by Source 5 in light of the fact that the Boer war was the first to have an official British armed force blue pencil not at all like the Crimean war where the occasions which continued during then stays sketchy .Source 4 appears to concur with the view proposed in source 5 by depicting the war as a period for the press â€Å"to comply with each sensible limitation it might appear to be attractive for the military specialists to impose†. Be that as it may, source 6 appear s to differ with both 4 and 5 as it portrayed the war reporter as turning out to be â€Å"increasingly jingoistic† this term is subsequently depicting the press as being fanatically devoted. Source 4 is essential proof which was distributed in 1990 by a genuine war journalist, in this manner making his case progressively solid that â€Å"to compose anything impeding to the national interest† would be conflicting with military regulations.This proposes that there were limitations put upon what the press could print that would paint Britain in a terrible name, particularly the traditionalist party. Likewise, Source 5 a book distributed in 2002 leaves the open inquiry concerning whether the distributer Peter Browning has been impacted by various contemplations since the war, in this manner making the dependability of the data gave in the source sketchy. Anyway the substance of the source recommends that there were limits set upon what the press could distributed, this is on the grounds that the military specialists needed the British individuals to stay devoted as inferred by source 6.Source 6 was distributed by The Daily Mail, one of the most smash hit paper in the nation and was especially excited about the war, alongside this, it might be exact to propose that one of the primary of this paper was to prop deals up by giving the British individuals what they need to hear and shroud reality in what truly occurred as proposed in both Source 4 and particularly Source 5, also to the Crimean war.In end, I concur with the source given by Source 5 as I realize that the military specialists wanted to forestall the distributing of terrible news in the Boer war. Ruler Kitchener felt that the press should have been controlled, this caused him to present the more noteworthy oversight during the guerrilla period of the way which was somewhere in the range of 1900 and 1901, which is unexpected on the grounds that the book was distributed in 1995, painting the wa r in great light with the press getting a charge out of â€Å"their war through music lobby songs†. Along these lines accomplishing its point of stowing away the ‘bad news which may have happened during the 1 History Unit 2 â€Å"Do you concur with the view proposed in source 5 that the principle factor keeping the press from distributing ‘bad news’ during the Boer war was control by the military specialists? † Bad news during the Boer war was occasions, for example, the mass demise which happened in the inhumane imprisonments. Source 5 says that â€Å"some columnists attempted to report terrible news just as great, yet even with military cenecorship, they didn't persist†. I do concur with the view recommended by Source 5 on the grounds that the Boer war was the first to have an official British armed force edit dissimilar to the Crimean war where the occasions which continued during then stays sketchy .Source 4 appears to concur with the view proposed in source 5 by depicting the war as a period for the press â€Å"to adjust to each sensible limitation it might appear to be alluring for the military specialists to impose†. Be that as it may, source 6 appears to differ with both 4 and 5 as it depicted the war journalist as turning out to be â€Å"increasingly jingoistic† this term is along these lines portraying the press as being fanatically enthusiastic. Source 4 is essential proof which was distributed in 1990 by a genuine war journalist, along these lines making his case progressively dependable that â€Å"to compose anything inconvenient to the national interest† would be conflicting with military regulations.This proposes that there were limitations set upon what the press could print that would paint Britain in a terrible name, particularly the moderate party. So also, Source 5 a book distributed in 2002 leaves the open inquiry with respect to whether the distributer Peter Browning has been affected by various contemplations since the war, accordingly making the unwavering quality of the data gave in the source flawed. Anyway the substance of the source recommends that there were limits put upon what the press could distribute d, this is on the grounds that the military specialists needed the British individuals to stay energetic as inferred by source 6.Source 6 was distributed by The Daily Mail, one of the most top of the line paper in the nation and was especially excited about the war, alongside this, it might be precise to propose that one of the principle of this paper was to prop deals up by giving the British individuals what they need to hear and shroud reality in what truly occurred as proposed in both Source 4 and particularly Source 5, also to the Crimean war.In end, I concur with the source given by Source 5 as I realize that the military specialists wanted to forestall the distributing of awful news in the Boer war. Ruler Kitchener felt that the press should have been controlled, this caused him to present the more noteworthy restriction during the guerrilla period of the way which was somewhere in the range of 1900 and 1901, which is unexpected on the grounds that the book was distributed in 1995, painting the war in great light with the press getting a charge out of â€Å"their war through music corridor songs†. Along these lines accomplishing its point of covering up the ‘bad news which may have happened during the 1

Free Essays on The Devolution Of Human Civility At Corcyra

The Devolution of Human Civility at Corcyra â€Å"In 427, the pressure in Corcyra ejected in open common war among democrats and oligarchs.† (89, Thucydides) Thus starts Thucydides depiction of the common war at Corcyra, an island off the bank of western Greece. Thucydides centers around the various perspectives that were common in Corcya over the span of the war. The common war at Corcyra caused democrats and oligarchs to change from being moderately respectful with one another to get savage, unfeeling, and rebel. As the Corcyrean oligarchs called upon the Spartans for help and the democrats brought in the Athenians, the two sides picked up trust in their particular endeavors, the last increasing more certainty with their more grounded partner. The war that resulted was everything except bedlam. Thucydides’ part on Corcyra is covered with phrases like â€Å"The Corcyreans continued slaughtering the same number of their own kin as they took to be their enemies.† (90, Thucydides) New mindsets were received that must be portrayed as savage. People’s view of one another degenerated from refined to practically savage. â€Å"Ill-considered strength was considered faithful masculinity; reasonable delay was held to be weakness in camouflage, and control only the shroud of an unmanly nature.† (90-1, Thucydides) Actions or mentalities that didn't show quick and evident help for one’s gathering was scorned, while carelessness and outrage were viewed as manly and splendi d. â€Å"Sudden rage was acknowledged as a feature of masculine valor, while plotting for one’s own security was thought a sensible reason for postponing activity. A man who began a fight was consistently to be trusted, while one who restricted him was under suspicion.† (91, Thucydides) Every refined human feeling appeared to have the contrary impact in Corcyra during the common war. Lines were drawn inside the gatherings of oligarchs and democrats. All were required to work for their union deduction in wording o... Free Essays on The Devolution Of Human Civility At Corcyra Free Essays on The Devolution Of Human Civility At Corcyra The Devolution of Human Civility at Corcyra â€Å"In 427, the strain in Corcyra ejected in open common war among democrats and oligarchs.† (89, Thucydides) Thus starts Thucydides portrayal of the common war at Corcyra, an island off the shore of western Greece. Thucydides centers around the various mentalities that were predominant in Corcya over the span of the war. The common war at Corcyra caused democrats and oligarchs to change from being generally considerate with one another to get savage, coldblooded, and rebel. As the Corcyrean oligarchs called upon the Spartans for help and the democrats brought in the Athenians, the two sides picked up trust in their individual endeavors, the last increasing more certainty with their more grounded partner. The war that resulted was everything except bedlam. Thucydides’ part on Corcyra is covered with phrases like â€Å"The Corcyreans continued slaughtering the same number of their own kin as they took to be their enemies.† (90, Thucydides) New mindsets were embraced that must be portrayed as savage. People’s impression of one another declined from refined to practically savage. â€Å"Ill-considered intensity was considered steadfast masculinity; judicious wavering was held to be weakness in mask, and control only the shroud of an unmanly nature.† (90-1, Thucydides) Actions or mentalities that didn't show prompt and clear help for one’s gathering was criticized, while imprudence and outrage were viewed as manly and splend id. â€Å"Sudden fierceness was acknowledged as a major aspect of masculine valor, while plotting for one’s own security was thought a sensible reason for postponing activity. A man who began a squabble was consistently to be trusted, while one who restricted him was under suspicion.† (91, Thucydides) Every refined human feeling appeared to have the contrary impact in Corcyra during the common war. Lines were drawn inside the gatherings of oligarchs and democrats. All were relied upon to work for their collusion thinking in wording o...

365691 CCNA Example Exam Questions Example

365691 CCNA Example Exam Questions Example 365691 CCNA Example Exam Questions â€" Assignment Example > Medium Access Control (MAC) is a protocol used to give the link layer of the data in the Ethernet Local Area Network while the WiFi MAC layer is a protocol that allows the sender to avoid collisions of data and transmit small request to send packets by using CSMA. The WiFI MAC layer also allows the sender to send the data frames and other transmissions to different stations. Before transmissions begin the idle time gives a chance for the receiver electronics in each of the nodes to relax after finishing with the previous frames. A node begins its transmission by sending 1’s and 2’s followed by the start of Frame Delimiter. Why MAC address is uniqueIt is unique in the sense that it must be known by the ISP if one is using the Ethernet. The TCP/IP is encapsulated within the protocol that contains the MAC address. When the ISPs hardware has finished using the Ethernet protocol, it will strip it out. The MAC address identify a network device incase a modem is used or ISP. It is al so unique since if one had two Network Interface Cards in the same network with that of the MAC address, one will have problems of the server. MAC is unique not in one field but globally since its three first octets identify the manufacturer in whom each has their own code while the last three is the number given by manufacturer. Switching is a process which is in charge of moving data using internetworking channels. It defines the data storage, the type of information, and the destination in which the data is to be and the time it takes the data to and from the routers while Routing is a process that tries to choose an output and the packets that follows basing on its destination address using different protocols. The routing process consults its routing table which is build using the following sources of information: The network segments in which the router is connected. The static routes that is available in the router configuration. The routing rules and regulations that are f ollowed. The available default routes. Hub is a joining point for all devices used in networking. It is used to join parts of a Local Area Network. Switch is a machine that changes data and distributes the shared information between the parts of the LAN. It functions at the data link layer and the network layer of the OSI Reference Model thus support any packet protocol. Hub is a central meeting point for all the machines used in the network. In a hub, the frame is moved along to every one of its ports and this moving ensures that it reach to the destination that was meant to. A switch is a machine that changes data and distributes the shared information between the parts of the LAN. It also keeps the records of the MAC addresses of all the machines connected to it in which using this information, it can determine which system is using the port. Therefore when it comes in contact with the frame, it knows exactly which port to address it to without taking more network response time s.

10 Amazing Chemical Reactions

John Updikes AP Essay - 1355 Words

Winners Sometimes Quit Try and remember what it was like to be a teenager. The short story â€Å"Aamp;P† tells the coming of age story of a nineteen year old boy named Sammy. Sammy has unknowingly placed himself into a situation that many small town adolescents often fall victim to. Sammy has a dead end job, and he feels as though he will be stuck working at the local â€Å"Aamp;P† while life passes him by. This is until a chance encounter with three young female customers changes his course from mini vans and diapers to a welcomed new and uncertain future. After a close examination of the text, Sammy doesn’t quit his job because of the girls, he quits knowing that a dead end job is not what he is meant for. Sammy is a normal teenage boy in many†¦show more content†¦I mean, it was more than pretty† (16). Sammy is obviously intelligent and is able to describe his thoughts so eloquently; it’s as if the reader is looking through a peephole in his mind. The first time Queenie speaks, he offers up an inner thought, â€Å"Her voice kind of startled me, the way voices do when you see the people first, coming out so flat and dumb yet kind of tony, too, the way it ticked over â€Å"pick up† and â€Å"snacks.† All of a sudden I slid right down her voice into her living room†. (18) This brilliant passage is not a random thought of a normal grocery store clerk with no education or ambition. It is the voice of a scholar who hasn’t yet found his true calling. While the three girls are making their way though the store, a less analyzed character is introduced to the reader. Stokesie is a young man that works in the check-out stand next to Sammy. Even though he is often over looked, Stokesie is one if not the most important character in the story besides Sammy. Sammy even says himself â€Å"Stokesie’s married, with two babies chalked up on his fuselage already, but as far as I can tell that’s the only difference.........He thinks he’s going to be manager some sunny day, maybe in 1990 when it’s called the GreatShow MoreRelatedJohn Updike’s AP1429 Words   |  6 Pageseven in usage of language. The new generations try to express themselves as something different from the old, embracing new slang, trying to form a separation between themselves and the previous generation. In John Updike’s â€Å"A P†, a teenage boy named Sammy works at a local store called AP. Sammy is a young casher, that stands up to his boss and he stands up for three girls who are dressed in bathing suits. Sammy lives in a small town, where nothing really happens. There is a struggle within everyRead MoreSymbolism in John Updikes A P1440 Words   |  6 PagesJohn Updikes short story A P recounts how an adolescent supermarket cashier named Sammy has his life changed forever when three girls in bathing suits shop in the store where he works. He is the first person narrator who shapes the tale with his descriptions, attitudes and opinions. He is the protagonist who grows up quickly in a single day and the only round, fully developed character in the tale. As you proceed through the story and become acquainted with Sammys opinions and ideas, it becomesRead More John Updikes A P Essay1471 Words   |  6 PagesJohn Updikes A P At first read, John Updikes A P contrasts old and new; the old manager in his settled life conflicting with the new age of girls wearing bathing suits in buildings. All the while, the narrator stuck in the middle, finally deciding to join the side of new, or youth. Instead of old vs. new, an observation closer to the heart of the story is conflict between the worlds of the rich and the middle class. ?A P? is the setting for one man to decide in which way he will seekRead MoreJohn Updikes AP Essay767 Words   |  4 PagesIn John Updike’s short story, AP the writer takes you on a youths memory that involves the choices and consequences that life can deal to anyone who has not had time to test a rash decision. The narrator is an immature nineteen-year-old cashier who is about to make a giant leap from adolescence to manhood. Sammy narrates with opinions of not only his life, but also the people in the town. Sammy opposes with the way these people live their lives, and is dete rmined to set a different course for hisRead MoreEssay on John Updikes AP865 Words   |  4 PagesJohn Updikes AP Many of the events that take place in John Updikes AP would not have happened had the town lived under a Marxist society. Marxism is a socio-economic ideal where all people work for the good of the community and is characterized by not having any social class distinctions. The division of Classes in AP is very apparent, especially between Sammy, the protagonist and first person narrator, and the three girls, one of the three antagonists, who walk into the storeRead MoreEssay on Personality in John Updikes AP1275 Words   |  6 Pagescharacter to make them stand out in a story.nbsp; In A amp; P by John Updike, Sammy starts off as a young man discontent with his ordinary adult surroundings and moves to his need to change it. Throughout the story, Sammy describes and interprets the scenes around him, consequently revealing his own character, by which can be related through the use of Thomas Chous Ennegram, to distinguish his personality type. nbsp; John Updike gives the reader an inside look into the adolescent mindRead MoreAnalysis Of John Updikes AP Essay1544 Words   |  7 PagesJohn Updikes story AP talks about a 19-year old lad, Sammy, who has a job at the local grocery store, the AP. Sammy works at the register in the store and is always observing the people who walk in and out each day. On this particular day that the story takes place, Sammy is caught off guard when a cluster of girls walk into the store wearing just their bathing suits. This caught Sammys attention because the nearest beach is five miles away and he could not figure out why they would still beRead MoreChanges (John Updikes AP) Essay914 Words   |  4 PagesEnglish 1302.2E1 Changes Breaking away from the traditional is a struggle that contains several sacrifices and consequences. In John Updike’s â€Å"AP,† Sammy is a young teenager who transforms his wishes into reality. At first glance, he seems like a normal teenage boy, but instead he is an observational character who is trying to find a way to stand up for himself. Throughout the story, he undergoes changes toRead MoreJohn Updikes aP : Sammys Growth1545 Words   |  7 PagesJohn Updikes AP : Sammys Growth John Updikes story AP is about a nineteen year old boy, Sammy, who has a job at the local grocery store, the AP. Sammy works at the register in the store and is always observing the people who walk in and out each day. On this particular day that the story takes place, Sammy is caught off guard when a cluster of girls walk into the store wearing just their bathing suits. This caught Sammys attention because the nearest beach is five miles away and he couldRead MoreRebellion And Symbolism In John Updikes A P1842 Words   |  8 PagesThe short story â€Å"A P,† tells the story of a nineteen-year-old boy named Sammy who works in the local town grocery store. Sammy is the narrator of the story; one day while he was working at the cash register, three girls wearing nothing but bathing suits walk in. He instantaneously notices the girls, one in particular. He named her Queenie and she is seen as the leader or ‘queen bee’ of the three girls. As these girls walk th rough the grocery store they start to create a scene and get the attention

My Story †It all started when I was driving down Bullet Avenue Free Essays

It all started when I was driving down Bullet Avenue. I was on the night shift, I work for the L.A. We will write a custom essay sample on My Story – It all started when I was driving down Bullet Avenue or any similar topic only for you Order Now P.D, and I’d been working for L.A.P.D for longer than I care to remember. I’ve seen a lot, a lot of nasty things that most people wouldn’t want to know happen or see happen for that matter; some call it the stuff of dreams, I call it the stuff of nightmares. Anyway, a familiar voice mumbled out of the radio. It was my mentor Jimmy, he had shown me the ropes when I was just a kid, we went through the good the bad and the very ugly, he was my friend if there was at least one person I could trust in this world it would be Jimmy. I remember what he said like it was yesterday ‘Hey Max, we had a report of a disturbance in some apartment block on 6th Avenue. Could you go check it out?† I naturally said yes. I took a left at 4th because of the road works ahead. When I arrived I got out of the car and there was this certain coldness in the air, a sick smell that normally told me something wasn’t right. To my right there were some tramps, or rough sleepers as they are formally called, huddling up in the ally trying to keep warm in the cold night. I looked a little closer and noticed that that wasn’t the only thing they were doing. A needle appeared in one of their hands I thought I wouldn’t intrude on their good time just in case a needle was not the only thing they were carrying. I strolled past them, without even a blink they carried on. I got to the entrance of the apartment block and opened the old double pine doors and was not surprised to see it was just like every other apartment on the block. A dirty mess of old newspapers and furniture scrolled out on the floor like a typhoon had just hit. There was stairs straight ahead of me and a couple more rough sleepers who seemed to be oblivious to the fact that I had just walked in. Both were next to each other, they were so absorbed by the drugs they didn’t even seem to look alive just a cold long dead stare out of the far window, the drug they had just injected was strange, not any drug I new of, and I knew every single one that anyone was using . I got a glimpse of the formula, a clear slime green liquid in the syringe. I decided to come back later and take a sample. But for now I would pursue the disturbance. I followed the wooden stairs up into a long corridor and then I stopped dead in my tracks as the faint sound of voices came from the door with the big dent in it. I moved closer so I could hear what the conversation was about, I couldn’t quite make out the words but the voices were clearly of a man and a woman. I had now reached the door. I moved to the side and then an ear piercing scream sunk through the walls, it lasted for a couple of seconds then everything went silent. I had already reached for my gun, but at this, with one kick, the door was down. I appeared to be in the living room. The place was a mess: books on the floor, tables knocked over, and cupboards open. I looked down and a trail of burning red blood grabbed my attention. It lead into the room opposite. The disturbance I was called to checkout had now turned into a possible murder enquiry. I was starting to think that this could get very dangerous. As I moved towards the opposite room the trail of blood got thicker and more apparent a murder had been committed. I leaned to the side and with a forward role into the room I swung my gun out and was ready to face the culprit but I was faced with something almost completely different and more horrifying. A dead women her cold dead eyes and the pail expression told me that she had been the victim of a vicious stab wound this was confirmed by the incredibly horrific gash in her side, throat and left leg. By the way she was dressed I’d say she was a prostitute but the question was who killed her and who her client was. Instead of the average everyday cops who just ask questions and sit in there cosy little office eating donuts, I think actions speak louder then words so I get out in the field, probably because I don’t have a home life, that had been taken away from me along time ago but back to the situation in hand I started to look through her possessions. I new it was her apartment because I recognized her face in the photos sprawled out on the bed-side table. I found various documents that suggested that she hung out with the wrong type of people in simple terms people who had various powers around town â€Å"gangsters†. But I was still yet to find the murder weapon. I’m not like the cops in the movies always calling for back up I could do it on my own. I eventually heard the familiar sound of sirens that usually made me uneasy but this time just made my movement quicker and more fluent. I was now determined to find the vital clues that I needed to possibly solve this mystery and make me feel like I’ve earned my pay. suddenly it hit me a white little card with the writing papa Vitto’s pizza restaurant laying in the cool, burgundy red blood I picked it up Vitto was associated with some of those people I was talking about earlier he was not a the type of man you would mess with, for example, his wife was found out to be having an affair, the guy she had the affair with was later found floating down the river in three separate suitcases and Vittos wife wasn’t found at all but the thing was if Vitto liked you it was quite an advantage he could do things for you, give you what you wanted but if you were one of the unlucky ones Vitto did not like, kind of like me then you might as well leave town. I thought I would I’d pay him a visit since he or one of his thugs was the prime suspect. Since it had been so long since I had my encounter with vitto, I decided to arrange a meeting with him first and not drop in uninvited. I new where one of his many associates hung out so I went to arrange it with a little persuading he did what I said. When I got to the pizza place if you could call it that, It was just like I remembered it a dump, it was a small building backed on to a dock with warn out and stained walls and almost shattered windows, at night it was like a haunted hell house I opened the huge double doors and approached the counter I had that strange feeling where something didn’t quite feel right I got to the counter and rang the bell it was just as bad inside than outside, tables and chairs scattered everywhere. After a while of waiting I smelt the unnatural smell of gas which numbed the reality that I had been set up I dashed for the front double doors which by this time had been somehow locked I don’t think it was a coincidence I had been lured in like a mouse to cheese. I made a dash for the back door through the kitchen it was blocked with a huge wooden cabinet there was no point moving it. it looked at least 500 pounds just when I was reflecting on my life and thinking of the shattered dreams and lost loved ones. I then caught a glimpse of a shiny object in the corner of my eye. I had been given a second chance it was an axe I grabbed it with a tough grip and saw my target I ran towards the cabinet swinging the axe about like a man possessed the axe hit with such a force that the cabinet doors shattered like glass on a concrete floor. It gave me new hope so I kept hacking and hacking the cabinet disappeared within a flash one swipe with the axe and the door was gone too. I jumped out on to the peer and made a leap for the water the cold icy feeling numbed me to my brain while I was submerged all I could hear was the almost fatal sound of the pizza place becoming a crater in the ground. After this experience the option of lying low looked good to me so I spent a bit of time sweating it out in my friend Jimmy’s apartment. Then I would be back on that case like a kid eating cake. How to cite My Story – It all started when I was driving down Bullet Avenue, Papers

Australian Consumer law And Business Law - Myassignmenthelp.Com

Question: Discuss about the Australian Consumer law And Business Law. Answer: Issue The key issue of this case relates to the possible breach of the provisions covered under the Australian Consumer Law by Avanat Developments, regarding the lease of kisosk to Amaroo located at the local Wulangi Shopping Centre. Law The Competition and Consumer Act, 2010 (Cth) is the act protecting the interests of consumers in Australia and also ensures that a healthy competition prevails. Under Schedule 2 of this act, is the Australian Consumer Law (ACL), which particularly works towards the interests of the consumers, and gives them different rights which protect their interests. Under section 20 to 22 of ACL are covered the provisions regarding unconscionable conduct. As per section 20 of this act, an individual should refrain from indulging in such a conduct, in trade or commerce, which is unconscionable. This is within the meaning of unwritten law of the States and Territories from time to time. This unwritten law here denotes the common law and equity. Unconscionable conduct is something where the contracting parties are not at equal position. In other words, one of the parties could have a higher bargaining power which allows them to exploit a special disadvantage of other person in a knowing manner. Under the common law, there are certain pre-requisites for unconscionable conduct. These are: The weaker party holds the position of special disability, which includes sickness, emotional dependence, and lack of education, illiteracy, drunkenness, poverty, sex and age. The stronger part had clear knowledge about the special disability of the weaker party, or should have known about it. Lastly, an unfair advantage was taken by the stronger party of the special disability of the weaker party. When such a thing happens, the court could set aside the contract or could also rewrite the contract in order to make certain that there is fairness to the parties. Just the present of special disadvantage would not be deemed as unconscionable but the same has to cause a disadvantage to the weaker party owing to the advantage taken by the stronger party. This can be further enlightened through the case laws. Commercial Bank of Australia Ltd v Amadio is an example of this. In this case, there were two elderly parents of Italian origin and had limited knowledge of English. They were persuaded by their son and the bank for guaranteeing and mortgaging the home to bank as a security for bank loan. The parents though there liability was limited; but the true position was that it was unlimited and the bank and the son failed to disclose this. When the matter reached the court, the court held that there was presence of unconscionable conduct. Had the parents been aware of the real occurrence, they would not have signed the contract. Here the special disadvantage of the parents was limited competence in English, which was taken advantage of, in an unfair manner, by the bank. Section 21 puts a restriction on businesses from engaging in conduct which is unconscionable regarding commercial supply of services or goods, in both business transactions and in domestic or commercial transactions. The terms of contract and the contract being carried on are the terms which are taken into account by the court for holding whether the conduct is unconscionable. The factors which determine the unconscionable conduct are covered under section 22, which includes the bargaining strength of supplier and consumer, consumer required to follow unnecessary condition, consumer being able to read the documents regarding the services or goods being supplied, presence of unfair tactics to pressure the consumer, amongst the other things. In ACCC v Lux Pty Ltd, the consumer was intellectually disabled and was also illiterate. This disability was known to the vacuum cleaner salesman and he filed the credit application form, along with the purchase contract and did not recommend the consumer regarding getting independent advice before this legal document was signed. The salesman dominated the consumer and this led to the ACCC brining a case of unconscionable conduct against him. His was upheld by the court owing to the relative bargaining strength of the party. This was due to the no real opportunity being present with weaker party for bargaining, the contract being one sided and the sale technique being disadvantageous for consumer. Application In the given case study, in order to hold Avanat Developments liable, there is a need to show that unconscionable conduct was undertaken by them against Amaroo. Based on section 20 of ACL, there is a need to apply the three conditions for establishing unconscionable conduct as these are the pre-requisites. Here, Amaroo was at a special disadvantage as he spoke aboriginal language and could only understand a limited amount of English. Also, he was not an expert in financial or business matters. This lack of education and lack of knowledge regarding English was Amaroos special disability. Steve was the representative of Avanat Developments and he had clear knowledge of the fact that Amaroo did not understand English properly and that he also did not understand such typical business or financial terms. Yet, Steve took advantage of this weak position of Amaroo by putting complex terms in the lease which Amaroo did not understand. This satisfies the conditions put in section 21 which woul d enable Amaroo to make application to t he court for getting the contract, i.e., the lease set aside, or for the same to be rewritten. This can be supported through the case of Commercial Bank of Australia Ltd v Amadio, as in both the cases, the weaker party had the disability of limited knowledge of English. Here also Amaroo was persuaded by Steve to go forward with the lease and the true position was not told to him. Steven failed to inform Amaroo that he was the only one who was being charged at a rate which was 30% higher than all the other occupants in the Food Court. Steven also failed in informing Amaroo about the scheduled refurbishment after two months of lease, where the food court would be closed, when all the other tenants had been advised about the same. In case Amaroo known about all these, he would not have entered into the lease. The special disadvantage of Amaroo was thus taken advantage of by Steven in an unfair manner. As Steve represented a business, he was bounded by section 21 to not indulge in unconscionable conduct in the lease transaction. Based on section 22, Steve held a higher bargaining strength owing to special disability of Amaroo; Amaroo could read the documents but could not understand the same due to his lack of financial and business knowledge, and he was asked to follow an unnecessary condition of 30% higher rent. So based on these two sections, the conduct of Steve was unconscionable. Again, applying the discussed case law of ACCC v Lux Pty Ltd, the disability was known to Steve and yet he included complex business terms in the lease. He failed to advice Amaroo to take legal help regarding the lease, to get a better hold on the terms of the lease. Essentially, Amaroo had no real opportunity for bargaining, the conduct of Steve was one sided and the approach adopted by him was disadvantageous for Amaroo. Conclusion Thus, based on the application of the Laws to the facts given in the case study, Avanat Developments breached the provisions of Australian Consumer Law, regarding the lease of kisosk to Amaroo owing to the undertaken unconscionable conduct. Issue The key issue of this case revolves around the liability of Darwin Rail for the injuries sustained by Amaroo and the loss of $30,000 to him based on Civil Liability Act and the established cases. There are five different issues in this case: Presence of duty of care? Breach of duty of care? Harm suffered or damages? Available defences? Damages/ remedies? Law The Civil Liability Act, 2003 (QLD) (Act) brought certain changes to the laws regarding negligence, in different contexts including care, contributory negligence, assessment of damages, causation and voluntary assumption of risk. Despite the applicability of the statute, the principles of negligence covered in common law, prevail. Negligence is basically the breach of duty of care owed by X to Y due to the activities undertaken by X having the capacity of harming Y. The elements of negligence include duty of care, breach of duty of care, causation, and remoteness of damage. Presence of duty of care Donoghue v Stevenson helps in establishing duty of care as neighbour principle was brought with this case. The court stated in this case that there was a need to take reasonable care for avoiding the omissions or acts which could reasonably foresee which could injure the neighbour. For duty of care, there has to be reasonable foreseeability of the risk of harm, along with there being a relationship of vulnerability and control. In this regard, the defendant and plaintiff need to be in such proximity where the actions of one could have an impact over the other as per Jaensch v Coffey. Also, based on Swain v Waverley Municipal Council, the duty of care where the defendant is in such a position where they have to protect the interests of the plaintiff. The duty of care is not present, when there is an obvious risk of harm covered under section 13(1) of the Act as per Borland v Makauskas. Section 15 provides that there is no duty of warning about the obvious risks. A risk becomes obvious when it is a common knowledge based on section 13(2). Further, section 13(3) dictates that it would be obvious even when the chances of the same happening are low. Breach of duty of care Once duty of care is established, the breach of the same has to be shown. Section 9(1) provides that there has to be foreseeability of risk of harm, the risk of harm has to be significant and a reasonable individual would take precautions against the risk of harm. Once these three conditions are fulfilled, breach of duty of care can be established. An example of this is Paris v Stepney Borough Council, where section 9(2) was fulfilled regarding possibility of harm. For professionals, no breach happens when the standards are followed based on section 22 and Dobler v Halverson. Harm suffered or damages The third requirement is to show that the plaintiff was injured due to breach of duty by the defendant. Section 11(1) puts the requirement of factual causation. Relying upon Barnett v Chelsea and Kensington Hospital Management Committee, but for test is covered under section 11(3). Section 11(4) puts the requirement of remoteness of losses based on Wagon Mound Case No 1. These three factors combine to make a claim of negligence. Available defences When a claim of negligence is made by the plaintiff, the defendant can make use of the available defences. The first one is contributory negligence covered under section 23, where it is shown that the plaintiff failed in taking reasonable care towards preventing the harm caused to them. The other defence is voluntary assumption of risk, where the plaintiff takes the risk even when they are aware of the risk of harm. Damages/ remedies In cases of contributory negligence, the damages are assessed by the court by calculating the total damages which are payable to the plaintiff where there had been no contributory negligence and the liability is apportioned between the plaintiff and defendant in percentage terms. In cases of voluntary assumption of risk, no damages are awarded to the plaintiff. Application Presence of duty of care In this case, based on the case of Donoghue v Stevenson, there was a reasonable foreseeability of risk of harm as the application of paint on the edges of stairs made the stairs prone to slippage upon being wet. Based on Swain v Waverley Municipal Council, Darwin Rail was required to protect all of the people who crossed the platform and the stairs. There was a relationship based on Jaensch v Coffey between Darwin Rail Amaroo as he crossed the train station on which the renovation work had been undertaken by Darwin Rail. So, where the work done by Darwin Rail was not done in a careful manner and the requisite warning signs were not put at the staircase, there was a clear possibility of Amaroo or any other person passing the stairs, slipping. Here, a contention can be made that there was an obvious risk of harm for the stairs being slippery owing to rainy day and the stairs being wet, which would satisfy the conditions put in section 13(2) and 13(3), which would mean that Darwin Rail had no duty to Amaroo to warn him about the risk of harm. However, here the stairs had been painted, which was not a common knowledge, making this risk of harm, not obvious. Thus, a duty of care was present. Breach of duty of care Here, Darwin Rail was professional but they did not put up the sign as per standards (assumption) thus breaching section 22. There was a foreseeable risk of harm as established earlier, which had possibility of majorly injuring the parties, and failed in taking the requisite precautions in terms of putting up the danger sign or a sign warning about risk of harm. A reasonable person would have done so and as this was not done, based on Paris v Stepney Borough Council, a breach of duty of care would be established. Harm suffered or damages Based on section 11, here Darwin Rail breached their duty by not putting the warning sign, which resulted in Amaroo falling down the stairs and getting injured. However, due to this action of Darwin Rail, he did not get the gambling loss, so there was no factual causation in this case for the loss of $30,000 in gambling. As per the but for test, Amaroo would not have been injured, had the warning sign been placed by Darwin Rail. However, the same cannot be stated for the gambling part, as Amaroo could have gotten addicted from a number of reasons. The physical injuries were thus not remote, but the monetary loss due to gambling was remote. Available defences It is very clear that Amaroo was busy on phone and was carrying heavy stuff, while coming down the stairs. He failed to take care of his own self, by holding the sidebar of stairs to prevent him from falling. This contribution would result in defence of contributory negligence being available to Darwin Rail based on section 23. However, Amaroo was not aware of risk of harm caused by Darwin Rail and did not consent to it in any way, thus declining the possibility of applying voluntary assumption of risk. Damages/ remedies Here, based on the negligence of Darwin Rail, Amaroo can claim damages for his injuries and the unexpected medical expenses, in addition to the depression and anxiety caused to him. However, he would not be able to claim damages for the lost $30,000 for gambling. Also, the damages awarded to him would be proportionately reduced based on his contributory negligence. Conclusion Thus, Darwin Rail is liable for the injuries sustained by Amaroo, but not for the loss of $30,000 caused to Amaroo based on Civil Liability Act and the established cases.