Everyday Students Of Color Are Denied Their Right To A

Everyday students of color are denied their right to a full education due to schools’ harsh disciplinary actions, such as out of school suspension and expulsions. Schools have a responsibility to keep students safe and provide a disciplined learning environment. There is no argument against this, however the methods utilized to provide a safe climate defy this common sense. More specifically, zero tolerance policies, which require students to be punished consistently and severely in a punitive nature. Zero tolerance policies arose in school systems during the 1990s when the justice system was â€Å"getting tough† on crime as a tactic to control drug abuse. According the Public Agenda removing students from school is supposed to create a better†¦show more content†¦Zero tolerance policies are the catalyst for the School-to-Prison pipeline. The problem with zero tolerance policies rely on several different factors. Even though, the vision for zero tolerance polic ies is clear in the sense that safety is a main priority, A ten year study of zero tolerance policies conducted by the American Psychological Association concluded that the use of these overly harsh policies did not improve school safety. Since these policies are not increasing school safety it is a clear indicator that change in disciplinary methods is necessary. Additionally, these overly harsh policies create racial disparities mainly focused on minorities. The reason for these racial disparities particularly arise from implicit bias. Unfortunately, student of color and minorities are disportionately represented in suspensions, expulsions, and arrests. Exclusionary discipline principles disproportionately lead the youth, particularly minorities, from classrooms to court and prisons. Racial disparities within school’s disciplinary actions is clear when looking at discipline rates. The Civil Rights Data Collection, gathered by the US Department of Education, graphed suspensi on rates and disparities in a national test sample during 2012. Figure 1 portrays the ratio of white students that constitute for a little more than half of students enrolled in school while black and hispanic students constitute for less thanShow MoreRelatedCriminal Justice System : Brown V. Board Of Education1461 Words   |  6 PagesKansas (Brown v. Board of Education). With the prodding of several tuned in parents, a few students started to stand up for themselves, one such being Barbara Rose Johns. In 1951, this strong-minded high school student from Farmville, Virginia organized a student based strike to protest poor school conditions. In the two-week protest, four hundred fifty black students from Moton High participated. Students believed the poor conditions at the school seized their equal educational opportunities becauseRead MoreWhy I Believe Education Is Right1335 Words   |  6 Pages EDUCATION IS A RIGHT Tausha Robertson Keiser University ABSTRACT In this essay I will talk about why I believe education is right. Also, it will state some things that happened in previous history that made education become a right. How many black were denied the equal opportunity to learn because of the color of the skin. Thurgood Marshall who was also mentioned in this essay was denied the right to go to the University of Maryland, but later became a Legal Defense forRead MoreMy Visit to the Brooklyn Museum942 Words   |  4 PagesThe themes represented were segregation of blacks and whites, how they tried to gain equality and the changes they anticipated would happen in the future. The artwork throughout the exhibit was displayed in a varying gradient of black and white to colors. The type of background information provided in the exhibit were captions under each artwork specifying the artists’ name, the year and time it was created and what message the artwork was trying to portray. I did find the information that was providedRead MoreRacial Discrimination : The Worst Form Of Inequality1388 Words   |  6 Pages Aristotle once said â€Å"The worst form of inequality is to try to make unequal things equal.† Racial discrimination occurs everyday to many different people. In America,the individuals who are usually discriminated against are the minorities like African Americans and Hispanics. Affirmative action is a policy that was created and has been claimed to be positive discrimination. The policy was created to give equal opportunity to groups of people who are usually discriminated against. Although AffirmativeRead MoreAfrican Americans And The United States943 Words   |  4 Pagesthe U.S. population, thirty-seven percent of people who are homeless are African Americans. Forty-two percent of African American children are educated in all high-poverty schools. In 2012, the mean critical reading SAT score for college accepted students was 428 for African Americans and 527 for whites. For mathematics, it was 428 for African Americans and 536 for whites. For writing it was 417 for African Americans and 515 for whites (National Center for Educational Statistics). These staggeringRead Mo re Affirmative Action Essay1282 Words   |  6 Pagessensitive subjective of race, therefore people’s reactions to it are going to be strongly influenced by their own race and person experiences. One group who may support affirmative action are educators. Especially, those who work with poorer minority students and see the obstacles they have to overcome in order to finally get ahead and attend college, unlike their parents. To these educators affirmative action may be seen as a sign of hope for bright, determined minorities. Politicians too may supportRead MoreSchool Uniforms: A Bad Idea Essay1247 Words   |  5 Pagespast decade. Rules contained in the policy that are implemented range from wearing certain types of tops (shirts) in specified colors to students being required to tuck in their shirts. In the past, uniforms were exclusively for students who attended private schools because they were â€Å"well-off†, but now uniforms are being seen more frequently i n public schools on students of all economic levels. Having gone through a school system that considered adopting a uniform policy, I would have to pressRead MoreThe Other Wes Moore : Effect Of Drugs And Violence1630 Words   |  7 Pageshistory, there have been good people and bad ones, and a major deciding factor in this is background. The chances of being dissatisfactory are often increased if a person has a low income or the person is living in a poor neighborhood and is a person of color. These illegal activities that are commonly found in poorer areas often lead a person down the wrong path in life. These paths are not the path to success, but a path to a jail cell. The Other Wes Moore by Wes Moore demonstrates the effects of drugsRead MorePlessy V. Ferguson And Brown V Board Of Education1359 Words   |  6 PagesMaximiliano Sanchez Victoria Professor Linda Holt Comprehensive Law Studies 3 October 2017 Plessy v. Ferguson and Brown v. Board of Education Picture this: a world with no color. Would racism still exist? Or would people be discriminated based on other things such as height, weight, or the sound of their voice? We may never know the answer to these questions. Racism is still alive in the United States, but it is not as severe and oppressive as it was during the era of the Jim Crow laws. The 13thRead MoreAffirmative Action vs Reverse Discrimination Essay1614 Words   |  7 Pagesinto place to create equal rights for racial minorities, ethnic minorities, women, the physically disabled and those who served in the military. Affirmative Action was born during the civil rights movement to give special consideration to minorities and women in the work place and education. In order for businesses and schools to increase their diversity they put in place quota systems. The quota system put admissions officers in a position to hire or select students based on their race or sex

Crucible Essay (Character Analysis) - 1081 Words

In the play The Crucible many of the characters learn things about themselves as well as others. Discuss the insight gained by the characters of Elizabeth Proctor, Reverend Hale, and John Proctor. In Arthur Miller’s play, The Crucible, Elizabeth Procter, learns about the character and morality of other people, her own actions of the people around them, and most importantly how to admit and deal with her own mistakes. Reverend Hale’s insight into himself reveals his new perspective on people in general, this leads him to realize that his reasons and purpose for hunting the witches could have been correct, but his one mindedness in doing so was a great weakness to him. The protagonist John Procter goes through many challenges in order†¦show more content†¦In order to try and correct this, he attempts to expose Abigail during the testimony with Mary Warren, but when this fails he comes out with the truth of his sin. However, it is too late and he is convicted of participating in witchcraft as well. At the end of the play, Procter is asked to confess in order to be pardoned, and he does so, but he refuses to sign the confession and says, I have three childr en--how may I teach them to walk like men in the world, and I sold my friends?(Act IV). By signing the confession, John is signing his legacy away, so his children s names will also be ruined. Again, John is choosing to die instead of devastating someone else s life. John Proctor becomes a man who can dishonor his name in order to save another s life, but not his own. This also proves his role as a tragic hero, because of his death at the end of the play. To conclude, in Miller’s The Crucible, each character goes through a change or transformation that leads to the insight that leads them to learn more about themselves and the people around them. The character that goes through the most significant change in the play was John Procter. His insight leads him to realize his mistake of trying to hide his adultery from society in order to save his public face. By trying to hide it, however, he puts the life of his wife, and many other people at risk. By finallyShow MoreRelatedThe Crucible Character Analysis Essay879 Words   |  4 PagesThe Crucible Character Analysis In The Crucible by Arthur Miller, John Proctor, the protagonist, is a farmer in his middle thirties. The author gives little to no detailed physical description of him, but from Proctor’s speech, we can still picture him as a strong and powerful man who is able to keep every situation under the control, the kind of personality which earns him deep respect and even fear from the people in town. On the other hand, Abigail Williams, the antagonist, plays an inferiorRead MoreThe Crucible Act 3 Character Analysis Essay714 Words   |  3 PagesGiles Corey is an elderly citizen of Salem. He is a sincere, well-intentioned, though occasionally cranky, old farmer. He is very blunt and straightforward in his thinking and opinions. Corey is known to be on good terms with John Proctor and Francis Nurse. He is famous for his tendency to file lawsuits. His wife Martha Corey is accused of witchcraft, and he himself is accused and accounted for witchcraft and is later on pressed to death wit h large stones. Elizabeth Proctor is the wife of JohnRead MoreThe Crucible Abigail Williams Character Analysis Essay1496 Words   |  6 Pages The play, The Crucible by Arthur Miller recreates the events of the Salem Witch Trials in the past. The Salem Witch Trials of the late 1600s were mass killings, directed by a group of young women. This retelling features Abigail Williams, a smart and malicious girl, who wants John Proctor to be hers and only hers. But John Proctor, despite sleeping with Abigail once remains loyal to his wife. This makes Abigail curious on how to take his wife out of the picture. John’s wife, Elizabeth Proctor isn’tRead More Character Analysis of John Proctor from The Crucible Essay468 Words   |  2 PagesCharacter Analysis of John Proctor from The Crucible The consequences of shirking accountability for ones actions are depicted through the tribulations John Proctor faced, in Arthur Millers, The Crucible. Although John reluctantly became involved in the Salem witch trials, his initial silence proved to be the downfall of not only himself, but of his fellow townspeople as well. John Proctor remained silent for one reason, and that was to protect himself. As a result of his self-serving desiresRead MoreAnalyzing And Comprehend Works Of Literature And Math1719 Words   |  7 PagesThroughout the second quarter, I wrote several different essays in which I was able to develop and see my writing abilities. However, as the quarter progressed, I did not see a clear development in my writing abilities. 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Todays scenario is nothing compared to that of McCarthyism in the 1950s. During McCarthyism, the nation was being torn apart. Their loyalty to one another was crushed and common human decency went down the drain (Miller, Crucible xiv). These Communist hunts were eerily similar to the witch hunts and trials of Salem Massachusetts in the 1600s. The Puritans have a strict religion with very strong roots. The whole community was torn apart by this witch scare from the childrenRead MoreEssay on The Crucible Rhetorical Analysis902 Words   |  4 Pages The Crucible Rhetorical Analysis In a society where the thoughts and opinions of people are meant to blend in, a division actually occurs where they are usually separated because of their opinions. The play and the event, The Crucible and the â€Å"Red Scare† respectively, supply greatly to the difference of opinion because it shows that people are willing to do anything to not only oust the people that they dislike, but try and obtain the attention that they are seeking. During the â€Å"Red Scare,†Read MoreCompare And Contrast Reverend Hale And The Crucible774 Words   |  4 PagesA Tragic Hero This short essay will delve into character analysis of two characters from The Crucible by Arthur Miller. I will be discussing a few qualities of Reverend Hale and John Proctor, and also arguing why I believe that John Proctor is the tragic hero of the story. Reverend Hale is a man who comes to Salem with a mission. He had recently discovered witchcraft in his own town where he was the minister, and now his services were being requested elsewhere (Miller, 9). His talents were becomingRead MoreFeminist Approach to Witchcraft; Case Study: Millers the Crucible6554 Words   |  27 PagesWitches in Arthur Millers The Crucible: A Feminist Reading Author(s): Wendy Schissel Publication Details: Modern Drama 37.3 (Fall 1994): p461-473. Source: Drama Criticism. Vol. 31. Detroit: Gale. From Literature Resource Center. Document Type: Critical essay Bookmark: Bookmark this Document Full Text: COPYRIGHT 2008 Gale, Cengage Learning Title Re(dis)covering the Witches in Arthur Millers The Crucible: A Feminist Reading [(essay date fall 1994) In the following essay, Schissel offers a feminist

Hazard Identification at Work Place Free Essays

Introduction: With a rapid increase in industries from the last few decades, equally corresponding increase in the hazardous materials in process. The industries became larger and often situated in or close to densely inhabited areas. Therefore it is need of the day to develop comprehensive approach to the prevention of human and economic loss or any occurrence associated to the hazards. We will write a custom essay sample on Hazard Identification at Work Place or any similar topic only for you Order Now In the forthcoming paragraphs we will discuss in detail hazards, risks associated to hazards and how preventive measures can be taken to minimise the risks of any accident with reference to the Restaurants (McDonalds Restaurants Ltd). Before to go further one should know what hazard means and how it can be defined. The most common definition of the word Hazard is, â€Å"A potential source of harm or adverse health effect on a person or persons†. The word hazard has many definitions but most common when talking about workplace health and safety is; â€Å"A hazard is any source of potential damage, harm or adverse health effects on something or someone under certain conditions at work†. In concise hazard is any condition, event or circumstances that could be the source of an accident. Therefore hazard is a potential source of harm, for example sharp knife is a hazard while working in a kitchen because it can cut. A cutting board is a hazard as it can produce bacteria. Sometimes the meaning of the hazard is confusing. Often dictionaries do not give specific definitions or combine it with the term â€Å"risk†. Such as, dictionary defines the word hazard as a â€Å"danger or risk†. Hazard is not deemed to be identical with risk although it can be significant determinant of risk. This example will differentiate and explain appropriately the meaning of these two terminologies. If there was a spill of water in a room then that water would present a slipping hazard to persons passing through it. If access to that area was prevented by a physical barrier then the hazard would remain though the risk would be minimised. Under the law it is required that the employers must to any extent identify the hazards in the workplaces under their control and assess the risks presented by these hazards. It is the responsibility of the employers to write down the workplace risks and how to deal with it, which is known as a risk assessment. This means the employers must examine in the workplace that what could cause harm to the employees and other people including customers and members of the public. Moreover it allows the employers to evaluate weather adequate precautions have taken or should do more to avoid harm. Hazard identified: In the process of risk management the most important step is to identify the hazard, the hazard not identified cannot be controlled. Whereas the identification process must be comprehensive and conducted in close consultation with the people performing the activity. Under Section 20 of the Act 2005 it is required by the employer to prepare a written statement (known as safety statement) based on the identification of hazards and risk assessment. Safety statement must specify the manner in which the safety, health and welfare of employees shall be secured and managed. But still it is difficult to declare a hazard identification process as complete. Therefore it should be periodically reviewed. Moreover the process of hazards identification should be documented in the form of hazard logs. For hazard identification the workplace needs to be examined regularly. It assists in determining exactly where slips, trips and falls or any accident on the same level have happened, or there is a potential of likely to happen. This could be completed through simple three steps to pursue; * Consultation with the employees, this is the legal obligation of employers to consult with employees when going through the steps of this procedure. * Regular inspection of the premises. This may be helpful in identifying the source of usual hazards. * Check records including incidents and injury reports, workers compensation claims, and workplace inspection checklists. Whereas working in McDonald’s Restaurants the hazards we might find in a kitchen or restaurant can be categories as: * Electrical equipment * Spills, trips and falls * Sharp equipment * Lifting and carrying * Cleaning chemicals * Cold areas such as chiller and freezer * Vats and hot oil * Grills * Toasters * Hot drinks machines * Compactor These are obvious or apparent hazards which can cause harm, while in the similar system or operations actual incidents that have occurred in the past can be beneficial for the identification of hazards. Risks associated with hazards and control measures: Hazards and risks associated with them are everywhere. Everything we do exposes us to the hazards, but these can be minimised or eliminated with the known control measures to be taken. It is consist of actions to be taken to decrease the possibility of exposure to the hazard. It could be to remove the hazard or to reduce the likelihood of the risk to contact to the hazard being realised. When we look at control measures we often refer to the hierarchy of control measures. It includes eliminating the hazard creating the risk, substituting the hazard creating the risk with a hazard that gives rise to a lesser risk, minimising the risk with engineering means, isolating the hazard, use of administrative means or using personal protective equipment. We will determine in detail the hazards and risk associated with it, and what could be possible control measures for it. The best way is simply to get rid of the hazard but this not always possible. For example it would be difficult to have a kitchen with no hot equipment. If the hazard cannot be removed we have to minimise the risks. This in turn reduces the likelihood of an accident. For example wet or dirty floor in the restaurant is a hazard, which can damage the health of both employees and the visitors or customers by falling on the floor. This can have serious consequences both legal and of moral values. Whereas slips and falls are the most common type of accidents in the work place, therefore we should be extra cautious in this area. But still we can avoid the risk or minimise by adopting the proper procedure. To eliminate or minimise the risk associated with a wet or dirty floor, the appropriate procedure is to prepare the area by putting the warning cones in the place to warn anyone approaching the area. To reduce the risks of slips and falls it is highly recommended to clean up spills immediately with a cleaning agent if required. The other example of hazard while working in the restaurant is the step ladders. These are potential hazard if not used safely. It can be the cause of major accident if appropriate precautions are not adopted. While using these ladders in the time of need, one should make it sure that it is fully open with all four feet on the level, non-slip surface. And to make it sure that it should be used with dry and clean shoes. Always make sure to climb the steps one at a time, ensuring a safe foot and handhold, with a firm grip. The very nature of McDonald’s restaurants, it has a lot of hot surfaces and hot liquids in the kitchens and front counter areas. While working near hot equipments such as grills, toasters, hot drink machines and fry vats extra care has to be taken; negligence can be very harmful and could result in severe burns. For example the special grills used in McDonald’s consist of a lower hot plate (temperature 218 C) with a moving top hot plate (temperature 177 C) known as platen, which has high risk of burns. Therefore to reduce the risk of burns it is highly recommended when not in use return platens to lower stand by position. This prevents the hot platens from being exposed and reduces the risk of burns. Moreover to reduce the risks we have to: * Check the design and safety of all equipment and chemicals used. * Develop the procedures and training Introduce special protective equipment if the risk is still too high. Such as for vats and hot oil filtering special protective clothing must be worn. This consists of long gauntlets, heavy duty apron and face visor. Work can be fun, but never at the expense of safety. Practical jokes can have tragic results; it can put the safety of employees or customers at risk. Every procedure we learn, or piece of equipment we use, has been designed with sa fety in mind. That is why it is so important to follow procedure. It is to keep in mind that for the health and safety of ourselves and the people around us we shouldn’t do any tasks which haven’t been shown or we not properly trained of. Conclusion: Safety is no accident. Every employee has a responsibility towards health and safety in their workplace. A lot of health and safety is common sense and nearly all accidents can be avoided if we always follow the correct procedures and to take reasonable care for health and safety of ourselves and of other people at work. It can be managed just as we manage every other aspect of the business. This requires planning, well trained people, good supervision by managers, and the commitment of every single employee. We must work together to identify hazards and take action to minimise risks. We have to make sure that not to misuse anything provided in the interests of health and safety. Words count: 1729. ——————————————– [ 1 ]. Frank P Lees. Loss prevention in the process industries, hazard identification, assessment and control. 2nd Edition 1996. [ 2 ]. http://www. hsa. ie/eng/Topics/Hazards/Hazards_and_Risk. tml? showDoc=1 [ 3 ]. Hazard and risk: http://www. ccohs. ca/oshanswers/hsprograms/hazard_risk. html [ 4 ]. A guide to risk management. http://www. qast. org. au/Portals/0/PDFS/gde40v1. pdf [ 5 ]. Hazard and risk; http://www. ccohs. ca/oshanswers/hsprograms/hazard_risk. html. [ 6 ]. http://www. hsa. ie/eng/Topics/Hazards/Hazards_and_Risk. html? showDoc=1 [ 7 ]. Section 19 of the Safety, Health and Welfare at Work Act, 2005 [ 8 ]. www. hsa. ie. [ 9 ]. Hazard management. http://w3. unisa. edu. au/ohsw/procedures/docs/hazard. df [ 10 ]. Safety, Health and Welfare at Work Act, 2005 [ 11 ]. Ibid. [ 12 ]. Guidance on hazard identification- March 09, http://easa. europa. eu/essi/ecast/wp-content/uploads/2011/08/ECASTSMSWG-GuidanceonHazardIdentification1. pdf [ 13 ]. Guidance on hazard identification- March 09, http://easa. europa. eu/essi/ecast/wp-content/uploads/2011/08/ECASTSMSWG-GuidanceonHazardIdentification1. pdf [ 14 ]. Preventing slips, trips and falls, Guide 2007. http://www. workcover. nsw. gov. au [ 15 ]. McDonald’s, hygiene and safety handbook 16 ]. Hazard identification, risk assessment and risk control procedure: http://www. bhtafe. edu. au/about/Documents/Policies%20and%20Procedures/OHS%20Procedures. pdf [ 17 ]. http://www. dehp-facts. com/CLab/CL_hazard. htm [ 18 ]. www. hsa. ie [ 19 ]. Preventing slips, trips and falls, Guide 2007 . http://www. workcover. nsw. gov. au [ 20 ]. McDonalds hygiene and safety handbook. [ 21 ]. McDonald’s hygiene and safety handbook. [ 22 ]. ibid [ 23 ]. Ibid. [ 24 ]. Ibid. [ 25 ]. McDonald’s. Hygiene and safety handbook. [ 26 ]. Ibid. How to cite Hazard Identification at Work Place, Papers

Introduction to Business Law Comprehend the Transaction

Question: Describe about the Introduction to Business Law for Comprehend the Transaction. Answer: 1: The three causes of action on which the respondents had relied upon were: (i) that the bargain was unconscionable; (ii) That the transaction has been procured as a result of undue influence; (iii) and the transaction has been induced as a result of a misrepresentation or due to the reason of the concealment of facts regarding which a duty was present on the bank to disclose. However, these contentions of Mr. and Mrs. Amadio were rejected by the learned primary judge who believed that on the basis of the facts that the bank was aware of, the bargain between the parties was an ordinary one, that was created in the usual and regular course of commerce and the bank was not aware of any inequality of bargaining power. Moreover, the primary judge also stated that there was no evidence regarding undue influence or any misrepresentation or concealment on part of the bank or Vincenzo Amadio. The result was that Mr. and Mrs. Amadio raised these issues to challenge the mortgage guarantee tha t they have signed. 2: The three conclusions of the appeal court while reversing the decision of the trial judge after examining the facts of this case. Therefore these three inferences were:- (i) The bank had an obligation to reveal the noteworthy additions to Mr. and Mrs. Amadio however in this case, this obligation was not fulfilled by the bank. At the same time, the other conclusion on the basis of which the decision of the trial judge was reversed by the appeal court was that (ii) The bank can be held accountable for the representation that has been made by the son of the respondents, Vincenzo Amadio. The 3rd inference that was made by the appeal court in this case was that (iii) under the circumstances, the transaction between the parties can be termed as unconscionable. The result is that it can be said that in view of the nature of the transaction, equity demands that really should be provided to the other party, in this case Mr. and Mrs. Amadio. 3: While delivering his judgment in this case, Gibbs J. arrived at the conclusion that the company controlled by the son of respondents, Vincenzo Amadio was facing financial problems and the company had crossed its overdraft limit. Moreover the cheques issued by the company were also being regularly dishonored, the circumstances alone cannot be considered as being sufficient for imposing a duty on the part of the bank which requires the bank to disclose these facts to any potential surety. In this regard, Gibbs J. stated that when the contract that has been created between the bank and one of its customers is unusual in nature, there is a duty on the part of the bank according to which such a disclosure should have been made to the potential surety. Therefore, Gibbs J. was of the opinion that there was a duty of disclosure present on the bank as there was a special arrangement between the bank and its customer, Vincenzo Amadio. Moreover, on the basis of the nature of the arrangement, it can be said that generally a surety will not expect the presence of an arrangement of such a nature. Therefore this duty to disclose these circumstances to the potential surety has been imposed on the bank as a special arrangement has been concluded between the bank and his customer and normally, a probable surety will not expect the presence of such an arrangement. In this case, Gibbs J. noted the fact that special reasons were present for the bank to maintain a tolerant attitude towards the company owned by Vincenzo Amadio. Not only the bank highly valued its connection with Vincenzo due to the reason that he was a significant client but also in view of the business that Vincenzo brought and also on account of the fact that his company was engaged in building houses with a company that was the subsidiary of the bank. Therefore the company built the houses at cost plus 10 percent which only covered the administrative charges and the intention was that any profit on the sale of the buildings has to be shared between the subsidiary of the bank and another company that was controlled by Vincenzo Amadio. However, the bank realized that it can allow no longer the account of the company of Vincenzo to be conducted as before. Therefore the bank decided that further operations should be stopped on the overdraft accounts and it was to be treated as a fully drawn advance account. All the cheques that were drawn on the account had to be dishonored. Therefore the company had to open the second account and this account was kept in credit. 4: In this case, there were two facts on account of which Gibbs J. stated that the relevant circumstances need to be disclosed to the respondents, Mr. and Mrs. Amadio by the bank. The firs relevant circumstance in this regard that was noted by Gibbs J. was the fact that the bank had a special arrangement with its customer, Vincenzo Amadio. The bank treated Vincenzo as a special customer as he brought a lot of business to the bank from other parties, apart from his own business. Under these circumstances, there was an arrangement present between the bank and the company owned by Vincenzo Amadio according to which, it was decided that the bank will provide an overdraft limit of $270,000 to Amadio Builders immediately. However there was a condition attached to this arrangement. According to this condition, the overdraft limit was going to be reduced to $230,000 by the bank within a week. Similarly after a fortnight, the bank was going to further reduce the limit to $180,000. The result was that according to this arrangement, in a period of 3 weeks, the bank was going to reduce the overdraft limit less than the debit balance. Consequently, the court stated that the failure to disclose the circumstances to the respondents can be treated as misrepresentation. Hence, in view of these sects, Gibbs J. arrived at the conclusion that in this case, the bank had a duty to make the relevant disclosures to the respondents. 5: in this question, the ratio due to which Gibbs J. ruled in favor of Mr. and Mrs. Amadio needs to be discussed. Therefore in this case, the ratio behind the decision that was delivered in this case by Gibbs J. was that the bank had a duty to disclose the relevant facts to the elderly couple but the bank had failed in its duty to disclose the relevant circumstances to Amadio couple. The result was that Gibbs J. arrived at the conclusion that the appeal should not succeed. Hence the legal issue on account of which, Gibbs J. had arrived at the decision was related with the failure by the bank to disclosure when circumstances to the elderly couple. 6: The ratio behind Mason Js judgment was different from the issue adopted by Deane J. although Mason J. had confirmed the detailed statement related with the facts of this case made by Deane J and in the same way, Mason J. had also confirmed the conclusion that was made by Deane J. according to which in this case, according to the facts, relief needs to be granted to the respondents. The ratio adopted by Mason J. was not the same as that of Deane J. due to the reason that Mason J. believed that the bank can be held responsible for unconscionable conduct. At the same time, it was also the opinion of Mason J. that in this case the conduct of the bank was unconscionable when it had obtained the guarantee from the elderly couple. 7: A difference existed between the ratio of Mason J. and the ratio on the basis of which Gibbs J. had arrived at this conclusion. The difference between these two was present due to the reason that in case of Mason J., the emphasis was on the fact that even if the doctrines that dealt with unconscionable dealings and the equitable doctrines regarding the undue influence have a connection in common but still these two are not the same. Considering the difference that is present in these two, generally where the court is going to provide relief to a party to the contract on account of unconscionable dealings, the court considers the fact if proper consideration was supplied by the stronger party to the contract. But there can be certain instances where the stronger party may have provided adequate consideration still the court will look into as being unjust or unfair, in view of the disability that was present on part of the other party. Consequently, this ratio adopted by Mason J. wa s different from that of Gibbs J. who was of the opinion that the failure of the bank to reveal all the relevant circumstances to Mr. and Mrs. Amadio amounted to misrepresentation. 8: in this case, Mason J. had identified three ways in which it can be said that a gross inequality of bargaining power existed between the respondents and the bank. These facts can be described as follows:- There was a lack of ability among Mr. and Mrs. Amadio to determine if the transaction was in their best interest or not, especially due to the reason that they were particularly motivated by the wish to help their son, whom they believe to be doing very well otherwise. In this case, the respondents were dependent on their son for advice who had asked his parents to enter the transaction of mortgage contract for the purpose of serving his own interest. In this case the respondents, Mr. and Mrs. Amadio were immigrants from Italy and they were in advance years of age. Moreover, they have very little knowledge of written English and similarly there experience of business matters was also very insignificant. 9: A difference was present when the two judges explained the legal issues of unconscionable conduct and undue influence. Therefore in their judgments, both these judges stated that a difference is present between undue influence and unconscionability although a connection is also present between the two as these two doctrines are doctrines of equity. Consequently, both the judges pointed out towards the legal differences that existed between these two terms. According to them, when the matter is based on an influence, the court has to consider the quality of consent that has been provided by the weaker party. However when a party has alleged unconscionable conduct, the court reasoned that the requirement to consider the conduct of the stronger party for the purpose of enforcing or retaining the benefit received by such party due to dealing with the other party that has been facing a particular disability. 10: The ratio on the basis of which, Deane J. had arrived on his decision in favor of the elderly couple can be described as follows. He noted the fact that clear evidence was present in this case according to which the respondents required to advise to understand the nature/effect of the deal that they were going to create. Similarly, this fact was also noted by Deane J. that the advice provided to the elderly couples should have included the advice concerning the importance of the surety to discover the state of account of the person concerning which the surety is going to provide a surety and the surety should also be aware of the fact that any unusual features were present, regarding the account. On these grounds, Deane J. arrived at the conclusion that if this information would be given to the respondents, they would have refused to enter the mortgage contract. In the opinion of Deane J., the transaction between the respondents and the bank needs to be considered in view of the special disability on part of Mr. and Mrs. Amadio and also the fact that this disability was quite clear to the bank. 11: In this case, Dawson J. had given a dissenting judgment. He was of the opinion that the respondents, Mr. and Mrs. Amadio relied on their son's misrepresentation and as a result, the bank had not made this misrepresentation but now, he said that the respondents want that responsibility should be shared by the bank even if the misrepresentation was only made by Vincenzo Amadio. Under these circumstances, Dawson J. was of the opinion that in this case, it is not suggested by the circumstances that the respondents have been misled when they have entered into the mortgage contract with the bank. Similarly, Dawson J. also pointed out towards the fact in his decision that the relationship that existed between the respondents and their son can be treated as a valid reason due to which the respondents have entered into the transaction, especially as they wanted to help their son. Dawson J. also mentioned in his dissenting judgment that for the purpose of applying equitable jurisdiction, i t is required that a party to the contract should have exploited the other party on the grounds of its disadvantages position and consequently, it can be claimed that the party that has received the benefit under the contract should not be allowed to retain such a benefit in good conscious. Hence, it was the opinion of Dawson J. that in the present case, there are no grounds due to which it can be said that the respondents, Mr. and Mrs. Amadio were in any disadvantages position and any benefit has been taken by the Bank of such a position. Similarly, Dawson J. also mentioned in his judgment that the facts like the advanced age of the respondents cannot be treated as an infirmity. Similarly he pointed out that the fact that the respondents have limited knowledge of English cannot be said to be establishing any difficulty for the respondents to comprehend the transaction. He also said that it has not been established in this case that the respondents depended on the bank to provide them with proper advice. References Commercial Bank of Australia Ltd v Amadio [1983] HCA 14