Monday, May 25, 2020

The Sorrow of War Essay - 1244 Words

The Sorrow of War Bao Ninh’s The Sorrow of War is a novel that is a personal view of the Vietnam War from the perspective of a Vietnamese soldier. Like the American novel â€Å"The things they carried†, this novel brings about the effects of war on people, and especially how it defeats the human capacity for things such as love and hope. Bao Ninh offers this realistic picture of the Vietnam War’s impact on the individual Vietnamese soldier through use of a series of reminiscences or flashbacks, jumping backwards and forwards in time between the events most salient in memory, events which take on a different theme each time they are examined. His main protagonist Kien, who is basically Bao himself, looks back not just at his ten years at†¦show more content†¦Along with not seeing the bigger picture soldiers lost their ordinary lives due to the war and the contrast was so different between pre and post war that it was hard to cope with life for the men fighting in the war. â€Å"For Kien, the most attractive, persistent echo of the past is the whisper of ordinary life, even though the sounds of ordinary life have been washed away by the long storms of war. It is the whispers of friends and ordinary people that are the most horrifying.†(63) The strongest emotions occur as the story unfolds and life takes over from childhood fantasies, destroying individuals and their families as a whole society is remade for instance Kien’s sweetheart before the war. Kien abandons his lover and instead spends the next years plodding through the jungle where everything dies. no jungle grew again in this clearing. No grass, no plants (26). He had no true friends and he learned not to fear death but rather wish it. When war ends he has a struggle to rebuild that was once loss, he can no longer see the good of things while he slowly goes insane with out love and hope and of course no sweetheart to aid him. A very sad and classical effect of a war that was wo rthless to its soldiers and people. The war had changed people in so many ways, as their former character of being sincere, at peace, and loving was slowly changed to chaotic, indecisive and unhopeful lives. People began to forget who they really were all due to the war, â€Å"ItShow MoreRelated The Sorrow of War Essay1313 Words   |  6 PagesIt can be hard to fully comprehend the effects the Vietnam War had on not just the veterans, but the nation as a whole. The violent battles and acts of war became all too common during the long years of the conflict. The war warped the soldiers and civilians characters and desensitized their mentalities to the cruelty seen on the battlefield. Bao Ninh and Tim O’Brien, both veterans of the war, narrate their experiences of the war and use the loss of love as a metaphor for the detrimental effectsRead MoreThe Sorrow of War: Book Review998 Words   |  4 PagesThe experience of war brings out the moralities of war and the tragedies of loss and death. Bao Ninh portrays these realizations and tragedies throughout his novel The Sorrow of War. The stories told follow the central character Kien whose story shows the moralities of war and tragedies of loss and death. Bao Ninh’s The Sorrow of War is a novel depicts the horrors that are a result of war. Kien is the main character whose life is used to depict these horrors; a soldier who’s lost all his comradesRead MoreEssay about The Sorrow of War961 Words   |  4 Pagesis the thought that goes into the title of the book, or translation in this case: The Sorrow of War. It is short and effective, if a little plain, as it exposes the main theme of the book right away while inviting the reader to see how and why. It says what it says: war is bad. War will do nothing but take away everything one knows and loves. War shows the worthless sacrifices of the noble and the virtuous. War forcibly warps human beings into inhuman beasts capable of heinous deeds much like anyRead More Bao Ninhs Sorrow of War Essay1010 Words   |  5 PagesBao Ninhs Sorrow of War When we think of the Vietnam War, we think of all the hell and torture that American soldiers went through with little regard to the Vietnamese and the hardships they endured. Reading the Sorrow of War gave me a clear understanding of the Vietnamese people and the suffering that the war caused them. The Sorrow of War is unique and powerful in the sense that it is written by a Vietnam army veteran and gives the perspective of the war from a Vietnamese soldier. It is oneRead MoreThe Sorrow Of War And The Deer Hunter1961 Words   |  8 PagesThe Sorrow of War and The Deer Hunter are a novel and a movie about the Vietnam War. The novel is written by a North Vietnamese soldier named Bao Ninh while the movie takes on the American perspective of the war. Below, there will be an analysis of the differences and similarities between the novel and the movie. For organizational purposes, the novel and then the movie will be summarized. Then, based on the summary, the similarities and difference s between the novel and the movie will be pinpointedRead MoreThe Sorrow Of War And Full Metal Jacket Essay1287 Words   |  6 PagesThe Sorrow of War and Full Metal Jacket both have one main element in common – the Vietnam War. Other than the similar time period, these two representations of the Vietnam War differ drastically. The Sorrow of War, a novel written by Bao Ninh, follows a North Vietnamese solider named Kien during his years fighting for the communist regime and documenting his hardships before, during, and after the war. Full Metal Jacket is a movie that depicts the American side of the war in Vietnam, focusing onRead MoreCharacterization In Bao Ninhs The Sorrow Of War1381 Words   |  6 Pagesmeaning of the work. Hoà  ng á º ¤u PhÆ °Ã† ¡ng is a Northern Vietnamese veteran of the Vietnam War. Under the pen name Bao Ninh, he is the author of The Sorrow Of War. In his fictional memoir, there is no chronological order and the memoir transitions from event to ev ent based on what triggers the next memories. Ninh recounts the hardships of the war and life after as a catharsis for the trauma he is inflicted during the war. As the memoir is a reflection of Ninh’s traumatized mind, Ninh utilizes an intendedRead MoreThe Character of Kien in The Sorrow of War Essay692 Words   |  3 Pagesand believed in the importance of a proper burial of the dead.nbsp; The survival and honor of the family rested on these beliefs.nbsp;nbsp;nbsp; Through the course of the war, Kien lost these values: his father was not properly respected, the dead were not appropriately buried, and were even forgotten.nbsp; After the war, the Kien spends his time struggling to return to these values and purge his soul of these sins. nbsp;nbsp;nbsp;nbsp; At the beginning of the novel, we learn that KienRead MoreSorrow Of War : The Thought That Goes Into The Title Of The Book 1121 Words   |  5 PagesSorrow of War: the thought that goes into the title of the book, or the translation in this case is what is important for anyone who is curious. It is short and efficient, if a bit simple, because it exposes the main theme of the book immediately while inviting the reader to see how and why. Survivors lucky that I cursed because they have to adapt to a society zombified by infected wounds bled past. What is curious alternative translation: The understanding of love. Labeling it a book of war in itsRead MoreVietnam War Themes in Books Wandering Souls and The Sorrow of War2283 Words   |  10 Pages Themes of a Soldier’s War The Vietnam War was hard for the country to handle, let alone a single soldier. Many soldiers dealt with different personal and physiological effects of this war. This war in Vietnam was different than any of the other wars. This war was unconventional, when we first entered it was more about the fight against the spread of communism then slowly changed over the years. Going into Vietnam was different in all senses from battle conditions, weather, and heavy jungle environment

Sunday, May 17, 2020

Anatomy And Physiology Sickle Cell Disease Essay

Brittany Alvarez December 16, 2016 Anatomy and physiology Final Paper – Sickle cell disease Sickle cell disease, also called sickle cell anemia is a group of disorders that affects the molecule in red blood cells that deliver oxygen to the cells. Approximately 100,00 people in America are affected by this disease. Sickle cell disease is an inherited disease, which means it is passed from parents to their children. This disease occurs mainly in people if African, middle eastern, Mediterranean, and Indian decent. People who are born with sickle cell disease inherit two abnormal hemoglobin genes called sickle hemoglobin, or hemoglobin S. Normal red blood cells are round and flexible but in a person with sickle cell disease their blood cells are crescent or sickle shaped and they are not flexible. The sickle-shaped cells can stick to the wall of the blood vessel and cause a blockage that can stop or slow the flow of blood. The blockage of blood prevents oxygen from reaching nearby tissues. Sickle cell disease is not contagious. It occurs when a child inherits two hemoglobin S genes, one from each parent. In the united states, about 2,000 babies are born with sickle cell disease each year. Children who only inherit one hemoglobin S gene have sickle cell trait, they do not have sickle cell disease. People with sickle cell trait do not suffer any side effects that people who have sickle cell disease suffer from. Someone who has sickle cell trait carries oneShow MoreRelatedReview Of The War On Malaria 1736 Words   |  7 Pages THE WAR ON MALARIA JAYME SWANSON BALTIMORE CITY COMMUNITY COLLEGE DR. SAMUEL ODEDOKUN ANATOMY AND PHYSIOLOGY II OCTOBER 19, 2014â€Æ' The War on Malaria About 3.3 billion people, that is about half of the world’s population are at risk of contracting malaria (figure 1). Every year there are 250 million cases of malaria, and nearly 1 million deaths. That amounts to 2,732 deaths per day. Out of those million people that die every year, 800,000 of them are African children under the age of 5.Read MoreThe Medical Promise Of Embryonic Stem Cells1626 Words   |  7 PagesEmbryonic Stem Cells Why should people suffer from diabetes, Alzheimer’s, sickle cell anemia, leukemia, and plenty of other degenerative diseases while the cure lies in our hands? After James Thompson, a developmental biologist, reported that he had derived the first human embryonic stem cell line (Thomson), the potential of curing degenerative diseases was revealed. Ph.D. holder and deputy director of FDA’s office of Cellular, Tissue and Gene Therapies, Stephanie Simek, explains that stem cells are unspecializedRead MoreThe Cell Cycle And Dna Replication1690 Words   |  7 PagesQuestion 1: a) The two processes, with which a cell passes this DNA sequence onto other cells, are DNA replication and mitosis. The cell cycle is inclusive of mitosis and DNA replication, the latter of which occurs in the S phase (synthesis) of the cycle. The goal of the S phase is to create two identical semi-conservative chromosomes. The enzyme helicase unwinds the parental DNA double helix strand and uses it as a template so the enzyme DNA polymerase can attach free-floating nucleotides to theRead MoreDarwinian Medicine : An Evolutionary Perspective1283 Words   |  6 PagesDarwinian Medicine Darwinian medicine, unlike most medical research that is focused on the proximate causes of diseases, looks at diseases from an evolutionary perspective; it seeks the reasons behind why natural selection has favored certain characteristics that are involved in disease acquisition or prevention. It looks into several concepts of adaptation including which types of adaptations combat pathogens, adaptations that pathogens have developed to counter other organism’s adaptations, maladaptiveRead MoreLab Report On The Concentration Of Haemoglobin2734 Words   |  11 Pagesand to adapt this method to determine percentage haemoglobin F (foetal haemoglobin) in an unknown sample, and to understand the relevance of these tests in the calculation of Hb concentration. Haemoglobin is a protein molecule found in red blood cells (RBC). Its role in the body is to transport oxygen from the lungs to the body s tissues and then returns carbon dioxide from the tissues back to the lungs. The transportation of oxygen is only possible when haemoglobin (Hb) within the RBC binds toRead MoreBlood Of Blood And Blood994 Words   |  4 PagesBlood typing involves properly identifying protein substances known as antigens that may or may not be present in red blood cells. Many different antigens most important are the ones we observed in this lab ABO and Rh groups. In order to determine which antigens are present, we gathered synthetic blood sample and mixed with blood-typing serums that contain antibodies. If a specific anti body connects with an antigen a reaction takes place. This reaction can be seen when blood clumps together (agglutinationRead MorePhysio-Ex Blood Analysis: Computer Simulation2907 Words   |  12 Pageserythrocyte sedimentation rate, hemoglo bin determination, blood typing, and total cholesterol determination. A â€Å"hematocrit refers to the percentage of red blood cells (RBC’s) in a sample of whole blood. Since the function of red blood cells is the transport of oxygen to the cells of the body, the higher the hematocrit, the more red blood cells are available to carry oxygen.† In a normal, healthy male the value for males is 47% and in a normal, healthy female it is 42%. A person with a lower than normalRead MoreHippocrates : The First Ever Epidemiologist1854 Words   |  8 Pagesobservations of different diseases and its effects. He had the understanding that the environment in which one is surrounded by can be both positively and negatively affecting to one’s health. Hippocrates discovered the theory of the four humors; blood, phlegm, yellow bile, and black bile. According to him, each humor corresponded with its own season, element, organ, and so on. The deficiency or imbalance of any one of t hese humors was thought to be the cause of disease and illness. He strongly believedRead MoreKarl Landsteiner, The Brilliant And Skillful Scientist From Early Twentieth Century Vienna Essay2390 Words   |  10 PagesLandsteiner was named to the position of head assistant in the department of pathological anatomy at the University of Vienna. He worked under Dr. Weicheslbau who was the first person to discover meningitis. He also worked under Dr. Frawncke, who discovered the pneumococcus virus. Working under these two doctors was a very beneficial opportunity for him. While in the assistant position, he began to study morbid physiology. After 20 years of hard work, Landsteiner eventually published papers along with aRead MoreAssessment of the Patient with Acute Abdominal Pain5527 Words   |  23 Pagesconditions. Within a contemporary, interprofessional healthcare environment, this will aid rapid and effective treatment. After reading this article you should be able to: Describe th e anatomy and physiology of organs associated with abdominal pain. NURSING STANDARD learning zone adult nursing Anatomy and physiology Disorders ofthe abdomen may involve one or more organs within the abdommal cavity. This cavity contains the stomnch, spleen, hver., gall bladder, pancreas, kidneys, small intestine

Friday, May 15, 2020

Richard Trevithick, Locomotive Pioneer

Richard Trevithick was a pioneer in early steam engine technology who successfully tested the first steam-powered locomotive, but he ended his life in obscurity. Early Life Trevithick was born in Illogan, Cornwall, in 1771, the son of a Cornish mining family. Dubbed â€Å"The Cornish Giant† for his height—he stood 6’2†, remarkably tall for the time—and for his athletic build, Trevithick was an accomplished wrestler and sportsman, but an unaccomplished scholar. He did, however, have an aptitude for math. And when he was old enough to join his father in the mining business, it was clear that this aptitude extended to the blossoming field of mine engineering, and especially in the use of steam engines. Industrial Revolution Pioneer Trevithick grew up in the crucible of the Industrial Revolution, surrounded by emerging mining technology. His neighbor, William Murdoch, was pioneering new advances in steam-carriage technology.   Steam engines were also used to pump water out of the mines.  Because James Watt already held a number of important steam-engine patents, Trevithick attempted to pioneer steam technology that didn’t rely on Watt’s condenser model.   He succeeded, but not well enough to escape Watt’s lawsuits and personal enmity. And while his use of high-pressure steam represented a new breakthrough, it also drew concerns about its safety. Despite setbacks which gave credibility to those concerns—one accident killed four men—Trevithick continued his work on developing a steam engine that could reliably haul cargo and passengers. He first developed an engine called The Puffing Devil, that traveled not on rails, but on roads. Its limited ability to retain steam prevented its commercial success, however. In 1804, Trevithick successfully tested the first steam-powered locomotive to ride on rails. At seven tons, however, the locomotive—called The Pennydarren—was so heavy it would break its own rails. Drawn to Peru by opportunities there, Trevithick made a fortune in mining—and lost it when he fled that country’s civil war. He returned to his native England, where his early inventions had helped lay the foundation for vast advances in rail locomotive technology. Trevithicks Death and Burial I have been branded with folly and madness for attempting what the world calls impossibilities, and even from the great engineer, the late Mr. James Watt, who said to an eminent scientific character still living, that I deserved hanging for bringing into use the high-pressure engine. This so far has been my reward from the public; but should this be all, I shall be satisfied by the great secret pleasure and laudable pride that I feel in my own breast from having been the instrument of bringing forward and maturing new principles and new arrangements of boundless value to my country. However much I may be straitened in pecunary circumstances, the great honour of being a useful subject can never be taken from me, which to me far exceeds riches.- Richard Trevithick in a letter to Davies Gilbert Denied his pension by the government, Trevithick caromed from one failed financial endeavor to another. Struck by pneumonia, he died penniless and alone in bed. Only at the last minute did some of his colleagues manage to prevent Trevithick’s burial in a pauper’s grave. Instead, he was interred in an unmarked grave at a burial ground in Dartford. The cemetery closed not long after. Years later, a plaque was installed near what is believed to be the site of his grave.

Wednesday, May 6, 2020

Essay on Causes and Effects of Economic Growth - 1724 Words

Discuss the causes and effects of Economic Growth Economic Growth Before discussing the causes and effects of economic growth, I will define what economic growth actually is and distinguish between the two types of growth in the economy; actual and potential. On the whole, economic growth may be defined as ‘a long-run increase in an economy’s productive capacity and trend output’. The long-run output growth trend an economy achieves is indicated by the path of trend Gross Domestic Profit (GDP) and is usually calculated as a percentage average annual output growth over a large number of years. This is because, given long enough, the phases of the business cycle averages out so that increases in the economy’s real GDP are largely†¦show more content†¦Ã¢â‚¬â€œ Labour This is measured in the number of hours worked. – Capital This includes machinery and other productive assets which could increase the marginal productivity. – Entrepreneurial skills i.e. the business skills which the population has. If the supply potential is to grow then one or both of the above bullet points must take place. For this growth to be sustained over the long-term there then must be an increase in potential output, i.e. the economy capacity to produce must increase. A low stable inflation and steady growth in aggregate demand is required to produce the type of macroeconomic situation which encourages economic growth. This is the aim of the governing bodies that can control this. However, there are various effects of economic growth to economies. These can either be positive or negative. Effects of Growth Benefits of Growth There are four main benefits of growth to an economy. These are; †¢ Increased levels of consumption A high level of consumption of goods and services is linked back to a higher real income per head. This in turn will happen if economic growth outstrips population growth. Overall, if human wellbeing is related to the level of consumption, then growth provides an obvious advantage to the society. †¢ It can help avoid other macroeconomic problems It is only human for people to have wants and wishes of a higher living standard. Without a growth in productiveShow MoreRelatedAnalysis Of Ibn Haldun And Adam Smith And David Hume And Karl Marx852 Words   |  4 Pagesis an example of one the answer to show that it is old question. â€Å"Ibn Khaldun gave his account of the stages of economic development, from nomadic to agricultural to more cooperation in economic matters which occur through an expansion of a town to a city, where demand increases and skilled labor congregates and expands production both ill quantity and in refinement. Economic growth continues so long as there is an extra effort, which creates capital accumulation, which in turn, combined withRead MoreEconomic Growth During The Great Depression And The Recent Financial Crisis1562 Words   |  7 PagesThe government has been implementing policies in the improvement of the growth in the UK. Such as improving economic growth during the Great Depression and the rec ent financial crisis. A brief history by (Pettinger, 2016) on the use of fiscal policy, Keynes promoted the use of fiscal policy as a way of boosting growth. Moreover, during 1970-1980s the government switched to using monetary policy in influencing the economy. However, the government later reverted to using the fiscal policy in the recessionRead MoreDevelopment And Development Of The Field Of Community Economic Development1633 Words   |  7 PagesTorres, Maria CED 301 Midterm Development and growth go hand-in-hand in the field of Community Economic Development. Community economic development is a field of study that actively elicits community involvement when working with government, and private sectors to build strong communities, industries, and markets (Riley, 2012). Economic Development applies to the context of people’s sense of right and wrong. The definition given by Michael Todaro suggests it is an increase in living standardsRead MoreThe Effects Of Immigration On The Host Economy1502 Words   |  7 PagesThe aim of this literature review is to provide an overview of the various effects of immigration on the host economy. The consequences I will be focusing on are on employment, inflation, wage level, economic growth and the welfare system. I am also going to examine what effect the skill level of immigrants has on the economic development of the host country. Then we will concentrate on papers about the situation in particular countries. There is plenty of research available about that particularRead MoreAustralia s Current Economic Growth1390 Words   |  6 Pages Introduction Economic growth is defined as a quantitative sustained increase in a nation’s output, referring to the volume of goods and services produced, over a period of time, generally per annum. It is indicated by an increase in the real GDP, which implies a rise in a nation’s economic capacity. As such, Australia’s current economic growth rate is 3% (May 2016). Inflation refers to a sustained increase in the general level of prices over a period of time, usually one year. It is measured byRead MorePublic Land Policy, And The Wilderness Act Of 1964845 Words   |  4 Pagesplanners, and policy makers. The root of the debates is a question of which types of public lands management can provide better economic benefits to adjacent regions that are referred to gateway communities. For a long time, resource extractive industries – such as mineral, oil, coal, and timber development sectors - have been a primary growth engine for the economic growth in those communities. However, since the past three decades, several federal land use policies such as the Multiple-Use Sustained-YieldRead MoreThe Relationship Between Inflation And Unemployment On Growth1553 Words   |  7 Pagesachievement of a high rapid and sustainable economic growth. The relationship between inflation and unemployment on growth remains a controversial one in both theory and empirical findings. Originating from the Latin American context in the 1950s, the issue has generated an enduring debate between structuralists and monetarists. The structuralists believe that inflation is essential for economic growth, whereas the monetarists see inflation as detrimental to economic progress. There are two aspects to thisRead MoreDeveloping Countries During World War II1547 Words   |  7 Pagescountries has increased. The growing link between these two groups of economies increased eventually in addition to the increase in the rate of dependability amongst them. With the rapid growth in wea lth and industrialization of the First World, only a few developing countries managed to have adequate economic growth on the line of the developed countries. Many of the developing countries which were poor at that time still remained to be poor today even today in comparison to the industrialized nationsRead MoreEconomic Growth During The Great Depression Essay951 Words   |  4 Pagesthe growth in the UK. Such as improving economic growth during the Great Depression. A brief history by (Pettinger, 2016) on the use of fiscal policy, Keynes promoted the use of fiscal policy as way of boosting growth. Moreover, during 1970-1980s the government switched to using monetary policy in influencing the economy. However, the government later reverted to using the fiscal policy in the recession of 2008-2013. Whether or not fiscal policy is the key policy in the improvement of economic growthRead MoreThe Solow Growth Model By Robert Solow1705 Words   |  7 PagesThe Solow growth model was created by Robert Solow and was introduced to show how factors of production and advances in technology effect the nation’s total output. The model is made up of two components being the production and investment functions. This essay will discuss the possible effects, aspects and traits that an increase in population will have on the steady-state of the Solow growth model. This analysis will be followed by the effects of population growth on the growth rates in the model

Examine the ways in which Shakespeare makes dramatic use...

Examine the ways in which Shakespeare makes dramatic use of deception and trickery in The Tempest. In your answer you should also make connections to scenes 3:2 and 3:3 of Doctor Faustus. Deception is defined as the act of deceiving someone and tricky is the practice of deception. Shakespeare’s ‘The Tempest’ uses deception in the themes of power through his magic and control, even if this involves betraying his adored daughter, Miranda. However, in comparison to Marlowe’s ‘Dr Faustus’, deception has more negative connotions which involve cruelty, particularly in 3:2, with the treatment of the Pope, whereas Shakespeare focuses more on the positive outcomes that may occur from attempting to control and trick people, with the constant†¦show more content†¦Magic gives Prospero incredible power which he uses to his advantage, even though Ariel is one of Prospero’s most trusted and loyal friends, Prospero does not fil to mention the time Sycorax deceived Ariel by locking him the tree and freeing him, therefore Ariel has been in Prospero’s debt for a long time, which is similar to Marlowe’s Dr. Faustus, in which Faustus is in the devil’s debt in return for power as he soons has to give away his soul, therefore the theme of trickery is common as Prospero blackmails Ariel into being his servant, â€Å"Imprisoned thou didst painfully remain a dozen years†. On the other hand, the Shakespearean audience may have felt like at this time, Prospero was the deceiver as he comitted treason by choosing to practice magic on purpose, therefore the audience may blame Prospero instead of Antonio. Antonio simply took advantage of the situation and took over power as Prospero was too power-conscious. Nevertheless Prospero’s purpose is to bring his dukedom back together, alongside his people and restore justice, which are incredibly dissimilar to Antionio, Trinculo’s and Stephano’s motives who are simply greedy and materialistic. Prospero plainly wants to teach Alonso and Antonio a lesson. The storm comes to a halt and nobody is hurt, they are tricked into thinking they were going to die and their clothes were fresher than before the shipwreck, â€Å"On

Competition Consumer Legislation Australian -Myassignmenthelp.Com

Question: Discuss About The Competition Consumer Legislation Australian? Answer: Introducation Under the contract law, unconscionability is referred to such terms which are so unfair or unjust, that one side of the contracting party is overwhelmed by the other side of the contracting party, which holds superior bargaining power, and which is against the good conscience (Latimer, 2012). Basically, unconscionability or unconscionable conduct covers the transactions which are undertaken in between a weak party and a dominating party. Due to this, there is an overlapping of this concept with the other vitiating factors in a contract, of duress and undue influence. The concept of unconscionability is applicable based on the scenario in which it takes place and accordingly attracts the common law or the statutory law (Vout, 2009). In equity, the unconscionable conduct is related to the conduct where one party is taken off by some other person due to the special disability help by the first person. The examples of special disability include illiteracy, age, lack of education, or thes e factors being in combination. Due to these reasons, the weaker party is treated in a harsh and operations manner (Australian Contract Law, 2018a). The following parts cover a detail on unconscionability and its various aspects in Australia, in terms of its applicability under common and statutory law and the leading cases on it. Unconscionable conduct is something which results in the transaction undertaken under the contract being null and void. There are a number of cases where unconscionable conduct has resulted in the transactions being set aside, or given a null affect (Clarke and Clarke, 2016). In Australia, the leading matter in context of unconscionable conduct is that of Commercial Bank of Australia v Amadio(1983) 151 CLR 447. In this case, a mortgage had been signed by Amadio for the purpose of securing loan for their son. The details of this mortgage or what actually was going on was not informed to Amadio. Amadio were Italian and they did not know much of English which made them nearly illiterate. When the Bank attempted to seize their home which had been mortgaged, the validity of this mortgage was challenged by Amadio. This led to the court ruling in favor of Amadio based on the presence of unconscionable conduct in this matter. The reason for upholding the presence of unconscionable conduct wa s that there was an absence of English knowledge with Amadio (Australian Contract Law, 2018b). Another example of presence of unconscionable conduct was seen in Louth v Diprose (1992) 175 CLR 621; [1992] HCA 61. In this matter, D was infatuated towards L and he was in the habit of showering D with a number of gifts repeatedly. Once D proposed to L, she declined. After some time, D was told by L that L had been very depressed and that in case she was not able to pay the money on her home, she would be evicted from it and would have no place to live. And as soon as this would happen, L would be committing suicide. The majority of it was untrue. Responding to this management pressure, D agreed that he would buy the home for L and that he would be putting the home in Ls name as she was insisting on doing so. Certain years passed and the relationship which was present between the two got deteriorated. D asked L to transfer the home in his name as he had paid the money for it but L declined to honor this request. As a result of this, D sued L and was successful (Australian Contract Law, 2018c). The judge of the case stated that D was beneficially entitled to the land bought by him. He further stated that it would be unconscionable in this case where the home is given to L. Even upon the appeal being made by L, these were not successful, both in the Court of Appeal and in High Court of Australia. The High Court had held in this case that L had created such an environment of crisis which in reality had never been present. D held such a post in this case where he had been completely dependent on L. This led to the home being purchased by D which was just done due to D being emotionally dependent on L and the influence which she held over him, where he even disregarded his own interest. There was complete unconscionability in Ls conduct which involved careful calculation by L for inducing D for gaining benefit for her (Australian Contract Law, 2018c). Apart from the common law, the statutory law also covers the unconscionable conduct. Under section 21 of the Australian Consumer Law, there is a prohibition from indulging in unconscionable conduct with regards to the supply of goods or service, or where the goods or services are acquired in the business transactions (Australasian Legal Information Institute, 2018). There are a number of examples of unconscionable conduct, and mostly dependent upon the situations. For instance, encouraging an individual to sign a blank contract or not giving the party sufficient time for reading a contract (Coorey, 2015). Section 22 of Australian Consumer Law, provides different factors which have to be taken into account by the courts but the factors are not restricted to this section. For indulging in such conduct, the maximum penalty for individuals is $220,000 and for body corporate it is $1.1 million (Corones, 2012). An example of this can be found in ACCC v Craftmatic Australia [2009] FCA 972. In this case, the ACCC had initiated proceedings against the defendant where it was stated that they had indulged in or acted in unconscionable manner against the senior citizens, when adopting the door to door sale of beds. The claim was that an advantage was taken by the defendants of the commercial inexperience of such household and elderly customers, by using high pressure sales tactics. Even though some customers had been happy with the bed but the ones which did not want the bed or could not afford the same, were made to change their mind by use of unfair sales techniques. It was held by the Federal Court of Australia that the method of sale and promotion by the defendant covered steps which were scripted, and designed in a manner to make undue influence on the potential consumers for creating and taking benefit of unequal bargaining position. This led to the Federal Court ordering an injunction for 7 years against the defendant from a number of conducts (ACCC, 2014). Back in July 1998, the financial service sector faced a number of reforms. The primary responsibility under these changes was for the consumers and for the small business protection issue in the financial sector. There is a respective application of the aforementioned provisions of unconscionable conduct in the contracts of financial services, and the same is determined by taking into consideration, the specific definitions and exclusions covered under section 12CA, 12CB and 12CC of the ASIC Act, 2001 (Federal Register of Legislation, 2017). Even though the financial products and services have been clearly defined under this act, the provisions regarding unconscionable conduct mirror the ones covered in the Australian Consumer Law, which results in the businesses getting similar obligations for compliance when they deal in the financial services (Pearson, 2009). There is a specific prohibition of unconscionable conduct in a range of industry based legislative schemes. An example of this includes the industry which the panel has been asked to consider in their review, legislation which govern the retail tenancy, in the jurisdictions which prohibit unfair conduct or unconscionable conduct to retail lease by the parties. There are similar sections in different legislations which govern fitness services, residential property and tourism services. Though, the majority of these are covered through the governing sections of Australian Consumer Law. The courts do not determine if there has been a good or bad bargain, they simply see the opportunity which was held by the individual for their personal benefit. The case of Amadio shows that the courts are reluctant in enforcing the agreements which seem to be unequal or unfair. This is the reason why the statues have been developed with regards to the Australian Consumer Law and the ones related to the banking and finance sector (Law Teacher, 2018). Apart from these laws, the Fair Trading Acts of all the states and territories of the nation have some or other form of prohibition incorporated in them for the unconscionable conduct in their laws. The fair trading legislations of the states and territory also mirror the provisions of the Australian Consumer Law (Morandin and Smith, 2011). The key here is that the businesses need to be aware regarding the statutory protection being given against such undertaken conduct in the consumer transactions, along with the range of venues which are available, along with going to the Federal Court. Even though this law applies only on individuals and does not become applicable on the companies; section 43 of the fair trading act does cover the unconscionable acts undertaken on consumers by the traders (Campbell, 2013). There have been a number of opponents and proponents on the provisions of unfair contract terms, particularly on unconscionable conduct, by different bodies. One of such body is Financial and Consumer Rights Council Inc., which has supported the agreement of including the provisions which specifically address the unfair contract terms under the Australian Consumer Law. They stated that there was a prevalence of unfair terms in the standardized contracts which left very little bargaining power with the consumers. As a result of this, the proposal was put forward for banning some kind of unfair contract terms. In the view of Financial and Consumer Rights Council Inc, this would make certain that all of the consumers; particularly the ones which were prone to such unfair practices would have the confidence of getting in the contracts and be assured that they are properly protected through the provisions of the Australian Consumer Law (Financial and Consumer Rights Council Inc, 2018). They even presented their recommendations on this aspect and stated that the consumers would be benefited where certain terms had been banned from being made a part of the standardized contracts. This was particularly the term which was related to the retaining of the title for the suppliers of goods, which is not possible to be removed from the premises of the consumers without any damage; and the terms which allow the suppliers to get a repossession of goods. This was due to the fact that the repossession of goods was a very intimidating and frightening act for the consumers. As a result of this, it would have a devastating impact over the most vulnerable consumers. The consumers who were single parents, from non English speaking households, with disability, low income earners, or were elderly were more vulnerable for being intimidated for paying these debts which were owed through the act of the supplier repossession (Financial and Consumer Rights Council Inc, 2018). Thus, from the discussion undertaken in the previous segments, it becomes clear that Australia has a number of laws which can protect the unconscionability or unconscionable conduct taking place in the nation. Owing to the presence of unconscionable conduct, the contract is not deemed as valid and the weaker party is protected through the law. This is present both in cases of common law and the statutory law. The previous discussion covered the different cases in which the court set aside any conduct which was unfair or unconscionable for the consumer. The leading case was that of Amadio which basically brought a revolution in this context, and also resulted in changes being economics forward in the laws to restrict any and every kind of unconscionable conduct. This was not restricted to the consumer laws but also came to be applicable on the financial industry through the different statutes. The crux of the matter is that the nation takes a proactive approach against such conduct. F urthermore, the bodies like FCRC make contributions in this regard, on restricting unconscionable conduct in all the sectors in the nation. References ACCC. (2014) Business snapshot. [Online] ACCC. Available from: https://www.australiancontractlaw.com/law/avoidance-unconscionable.html [Accessed on: 22/01/18] Australasian Legal Information Institute. (2017) Competition and Consumer Act 2010 - Schedule 2. [Online] Australasian Legal Information Institute. Available from: https://www.austlii.edu.au/au/legis/cth/consol_act/caca2010265/sch2.html [Accessed on: 22/01/18] Australian Contract Law. (2018a) Unconscionable Conduct. [Online] Australian Contract Law. Available from: https://www.australiancontractlaw.com/law/avoidance-unconscionable.html [Accessed on: 22/01/18] Australian Contract Law. (2018b) Commercial Bank of Australia v Amadio. [Online] Australian Contract Law. Available from: https://www.australiancontractlaw.com/cases/amadio.html [Accessed on: 22/01/18] Australian Contract Law. (2018c) Louth v Diprose. [Online] Australian Contract Law. Available from: https://www.australiancontractlaw.com/cases/louth.html [Accessed on: 22/01/18] Campbell, D. (2013) International Consumer Protection, Volume 1. New York: Springer. Clarke, P., and Clarke, J (2016) business-law: Commentaries, Cases and Perspectives. 3rd ed. South Melbourne: Oxford University Press. Federal Register of Legislation. (2017) Australian Securities and Investments Commission Act 2001. [Online] Federal Register of Legislation. Available from: https://www.legislation.gov.au/Details/C2017C00326 [Accessed on: 22/01/18] Financial and Consumer Rights Council Inc. (2018) Submission. [Online] Financial and Consumer Rights Council Inc. Available from: https://archive.treasury.gov.au/documents/1501/PDF/Financial_and_Consumer_Rights_Council.pdf [Accessed on: 22/01/18] Latimer, P. (2012) Australian Business Law 2012. 31st ed. Sydney, NSW: CCH Australia Limited. Law Teacher. (2018) Unconscionable Conduct In Australia. [Online] Law Teacher. Available from: https://www.lawteacher.net/free-law-essays/contract-law/unconscionable-conduct-in-australia-contract-law-essay.php [Accessed on: 22/01/18] Morandin, N., and Smith, J. (2011) Australian Competition and Consumer Legislation 2011. NSW: CCH Australia. Pearson, G. (2009) Financial Services Law and Compliance in Australia. Victoria: Cambridge University Press. Vout, P.T. (2009) Unconscionable Conduct: The Laws of Australia. 2nd ed. Pyrmont, NSW: Thomson Reuters.

Tuesday, May 5, 2020

IT Risk Management Robust Economy

Question: Describe about the IT Risk Management for Robust Economy. Answer: Introduction: New South Wales is the most preferred site in the region of Asia-Pacific because it had a robust economy. NSW government is working on securing property and personal. It also focuses on risk management program. It works on providing structure to the on-going risk management Mark, 2014). The activities like documentation and record keeping are also generated with the development of risk management program. The most important step correspondent to the security purposes is the regular monitoring of the activities and evaluation. The activities which are associated with the risk management program are divided into four sections which are named as framework for security risk management, control for core security risk, control for security risk should be provided in priority areas, and control for security risk should be provided in unplanned activities (Moodley, 2011). Objective: The objectives of the government of NSW are summarized below: Confidentiality of the information: It restricts the unauthorized access and the disclosure of the information (Taylor, 2008). Integrity of the information: it helps in protecting the information for unauthorized alteration of the data and prevents it from challenges faced in providing authenticity. Availability: The authorized user of the information should be provided reliable and timely access of the information and data. Compliance: The security controls should comply with the applicable regulations, policies, legislation, and contractual obligation which are essential for the information to be lawfully available to the users (Jin, 2011). Assurance: The assurance should be provided to the government for accessing the confidential information. Diagram: Explanation of the Diagram: Identification of Hazard for Security: The nature of work should be observed Proper review should be carried out of incident reports, hazard reports, and any other relevant data. Proper review should be carried out of results of the recent security incident Proper review should be carried out of the operational reviews. Consultation should be done with staff to predict the data which they consider as the hazards (Taylor, 2008) Consultation should be done with the stakeholders to predict the external agencies data which they consider as the hazards Inspection and audits should be done of the workplace Development of the scenarios which can be predict as the consequence of the incident which is relevant to the security (Richard, 2011) Proper analysis of the breaches and the incidents Establishing of the risk factors which are associated with the information. Factors responsible for the security risk: Frequency and exposure of the hazard The potential of the loss which is associated with the risk Occurrence of the damage or loss Risk associated with the property Control strategies which are taken into consideration. Process of Risk assessment: Consultation with the staff members Experience at the workplace should be examined Reviewing of the incident Reviewing of the guiding material Security Risk Analysis: Source of the risk Action associated with it Cracker Profiling of the system Social engineering concept Intrusion in the system Accessing of the unauthorized system Computer criminals Cyber crime Act of frauds Bribery of the information Spoofing of the system Intrusion in the system Botnets Spam Activity of phishing Terrorist Penetration of the system Tampering of the system Espionage of the industries Exploitation of the economy Theft of the information Penetration of the system Social engineering Unauthorized access of the system Insiders Blackmailing Computer abuse Theft and the fraud Loss of personal information Misuse of personal information Creation of the system bugs Creation of the system intrusion The magnitude of the risk can be categorized as high, low, and medium which are summarized in the table below: Impact of the Risk Explanation High The costly loss of Assets is categorized as High Medium The risks which are associated with violating and harming operational activities are categorized as medium Low Some Loss of assets and operational activities are categorized as low The table below shows scaling of the risk: Portability of the Risk Low Medium High High (1.0) Medium 10 * (10 * 0.1) Medium 20 (20 * 0.1) High 30 * (30 * 0.1) Medium (0.5) Low 10 * (10 * 0.5) Medium 10 (20 * 0.5) Medium 15 (30 * 0.5) Low (0.1) Low 1 (10 * 0.1) Low 2 (20 * 0.1) Low 3 (30 * 0.1) Comparative Analysis of Deliberate and Accidental threats Deliberate threats are the threats which are caused to the sensitive data by unauthorized accessing of the data (Gordon, 2015). Failure of the equipment and software etc are come under the category of accidental threats. Sequential order of the threats is given below: Failure due to power Failure of errors in network infrastructure Obsolescence in technology Errors or failure in the hardware Errors or failure in the software Issues in operation Interception in communication Repudiation Espionage of the communication Attacks of Social engineering Deliberation attack of data Misusing of the system Unauthorized accessing of the resources Shortage of the staff Threats due to environment Reduction in the quality of service Misusing of the web application Incomplete policies or planning for the organization Fraud in finance Unauthorized access of information Equipment theft The difference between the concepts of Risk and Uncertainty: NSW government works on providing structure to the on-going risk management. The risk associated with the information security is amalgamation of the likelihood and the result associated with the incident (Brightwell, 2014). The risks are associated with the threats and threat can exploit the vulnerabilities of the information system. The situation which arises from imperfect and unknown information is known as uncertainty (Mahmood, 2015). It may arise due to the internal or external accidental loss of data. Evaluation of Risk Control: Economic Appraisal Management of the risk Management of the values Objective specification Identification of the option Modification of the option according to the reviewing of the risks Evaluation of the option Selection of the option For each option available: Establishment of the content of risk Identification of the risk associated with each option Assessment of the magnitude Development of the strategies Development of the option Identification and evaluation of the risk Evaluation of the option Preparation of the report Process of Risk Management: Familiarization of the proposal: Objective Definition Identification of the criteria Definition of the key elements Analysis of the risk Identification of the risk Assessment of the risk Ranking of the risk Risk associated with screen minor Planning of the response: Identification of the responses Selection of the best response Development and management of action Report Generation Management of the schedules and measures Implementation: Schedule management effect Monitoring and reviewing of the plan Security risk controls: Substitution of the hazard which can give rise to the hazard Isolation of the hazard by putting it on the risk Minimization of the risk by using the engineering process Minimization of the risk by using the administrative process Equipments should be used for personnel protection Inspection and audits should be done of the workplace Development of the scenarios which can be predict as the consequence of the incident which is relevant to the security Proper development of the hazard report, incident report, incident management report, incident investigation report, injury management report, and others. Principles: The key principles on which the policies are based are as follows: The objective is to provide services which are in the welfare of the people. The information related to the person should be securely managed so that the privacy and confidentiality of the data can be preserved Security should be provided to the critical and sensitive information The level of security should be determined for securing the information Policy for digital information security is classified as M2012-15 Awareness program should be organized for educating the people about the security to the digital information The information which is released should be comply with the current state of the legislation The controls for securing the information should be implemented to mitigate from the risk associated with the sensitive information. Eight Rules of Information Security: Least privileged rule: For example; creation of the security policies Change rule: For example; Backup of the test server Trust rule: For example; accuracy in the perception Weakest link rule: For example; Identification of the environment weakest link Separation rule: Isolation of services and data Three fold process rule: It is the combination of implementation, monitoring, and maintenance Preventative action rule: Awareness of security issues Immediate and proper response rule: Quick reaction References: Mark, S. (2014). Regulation of the legal services in the E-world (1st ed.). Retrieved from https://www.olsc.nsw.gov.au/Documents/regulation_of_legal-services_working_paper_oct2011_part1.pdf Moodley, K. (2011). Electronic Information Security Policy - NSW Health s (1st ed.). Retrieved from https://www0.health.nsw.gov.au/policies/pd/2013/pdf/PD2013_033.pdf Gordon, T. (2015). Useful Security Information for Business (1st ed.). Retrieved from https://www.secure.nsw.gov.au/what-you-can-do/useful-security-information-for-business/ Brightwell, L. (2014). NSW Electoral Commission (1st ed.). Retrieved from https://www.elections.nsw.gov.au/__data/assets/pdf_file/0007/193219/iVote-Security_Implementation_Statement-Mar2015.pdf Mahmood, F. (2015). Eight Rules of Information System Security (1st ed.). Iversion. Retrieved from https://blog.iversion.com.au/eight-rules-of-information-system-security/ Taylor, A. (2008). Information Security Management Principles (1st ed.). BCS. Retrieved from https://www.bcs.org/upload/pdf/infosec-mgt-principles.pdf Richard, M. (2011). Risk Management Guideline (1st ed.). Retrieved from https://www.treasury.nsw.gov.au/__data/assets/pdf_file/0009/5103/risk_management.pdf Jin, Z. (2011). Vulnerability Analysis Approach To Capturing Information System Safety Threats and Requirements (1st ed.). Retrieved from https://www.sersc.org/journals/IJSEIA/vol5_no4_2011/7.pdf