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Wednesday, August 26, 2020
Consideration and Intention to Create Legal Relation Essay
Thought and Intention to Create Legal Relation - Essay Example This is an instance of acknowledgment by lead. Acknowledgment need not really be recorded as a hard copy. On account of Carlill v Carbolic Smoke Ball1, Miss Carlill showed her acknowledgment of the proposal by buying the smoke ball Another issue for assurance is whether there was the aim by the gatherings to make a lawfully restricting relationship. We will get to the issue of promissory estoppels to get to the presence of lawful connection between the gatherings. In England and Wales, Lord Denning deciphered promissory estoppels to be a guarantee that hosted been made by one get-together to another with the aim of making lawful relations2. The guarantee ought to be made with information that it will be depended on by the other party. In the example case, the bank drew nearer Bubba with a guarantee to change the terms in the agreement on how the advance was to be reimbursed following Bubbaââ¬â¢s money related emergency. This guarantee was depended on by Bubba. The bank will subseq uently not be permitted to return from its guarantee. This is basically attributable to the way that it had been followed up on by the beneficiary. Subsequent to understanding that Bubbaââ¬â¢s fortune had turned, the proposition to Bubba to return to the old arrangement of installment established a proposal to Bubba which he was qualified for acknowledge or dismiss. The bank presently requests that Bubba should pay the singular amount for eight months just as reimburse the credit inside a time of three years according to the previous understanding. The prior understanding had been renounced upon the foundation of new terms by the bank that was acknowledged by Bubba. The realities in the high trees case, included a circumstance toward the start of Second World War where High Trees House had rented some level in London from Central property. Because of the war, inhabitance rates definitely went down. The gatherings thusly settled on a consent to chop down the lease that was payable significantly. At the point when the circumstance pivoted after the war, Central London property sued for the full lease. The court held that they were qualified for full installment of lease. In any case, they couldn't recoup the sum that they had consented to chop down the lease by during the time of war Lord Denning based his choice in the past case3 which held that if involved with an agreement drives someone else to accept that they won't authorize their legitimate rights, they can't return from this guarantee, particularly if the other party had acknowledged the guarantee and adjusted his situation in dependence on the guarantee. On account of Smith v. Hughes4, the court held that for there to be a substantial agreement, there must be a gathering of the psyches of two gatherings who mean to be lawfully bound. For there to meet of the brains, offeree must convey his acknowledgment of the proposal to the offeror. It isn't essential that acknowledgment ought to be conveyed verba lly. It can in certain circumstances be surmised from the direct of the gatherings. The court on account of Brodgen v. Metropolitan Railway Company5 held that acknowledgment can be derived from the lead. For this situation the offended party had been providing the organization with coals for some of years. The offended party from there on concocted a recommendation that they expected to go into a conventional agreement. Their separate specialists met and occupied with certain arrangements on the best understanding that they needed to go into. The companyââ¬â¢s specialist at that point drew up the agreement which he sent to the offended party for endorsement. The court held that the companyââ¬â¢s acknowledgment could be deduced from its lead. By
Saturday, August 22, 2020
History and Political Science Essay Example | Topics and Well Written Essays - 1000 words - 1
History and Political Science - Essay Example These two gatherings rose from the national legislative issues before extending to pick up the help of the Americans and voters in the states. These political groups had various convictions. The Federalist Party sees the official part of the US government as the arm that requires more help while the majority rule republican group considered the to be as effectively a solid arm of government and were along these lines on the side of the administrative force. The federalists advanced significantly to the business portion though the republicans requested for the help of the grower and the ranchers (Brands et al 278-281). The federalists rose to help the treasury money related framework that focused on the government supposition of obligations, their installments, and a focal national bank, which was to energize the financial business. For the republicans, their point was to restrict the solid official and was in this way shaped to contradict the overabundances of the official. They cond emned the treasury based monetary framework and were additionally against the unfriendly armed force. Subsequently, the republicans were supportive of constrained perusing of the constitution that supported the official part of government. The two gatherings were likewise framed in light of the differing international strategies. The federalists upheld Britain due to its political soundness though the republicans supported French unrest since Jefferson expected that British refined influence would sabotage them. The second party framework came after the primary party framework between1828 to 1854 to support for voter intrigue (Foner 52). A rising voter interests as displayed by the high voters turn over, participation in rallies and expanding party dedication denoted this period. The Democratic Party and Whig party were the significant gatherings. The period can be depicted as a nationalization period as it expected to get pluralism the political history. The gathering framework add itionally planned for making vote based system by supporting for the enthusiasm of the normal individual particularly in the Democratic Party (Brands et al 281-283). The vision of the pioneers of guaranteeing democratization and pluralism was met by incalculable difficulties. Obstruction from different rivals was extraordinary, the assets required in preparing, and pulling in the voters was gigantic. Since the residents were as yet not politically fomented, it required more prominent endeavors to have them take an interest in the nationalization procedure. In addition, the parting of gatherings tested the vision of the pioneers. For example, the Democratic Party spilt prompting the ascent of the Whig party. The leaderââ¬â¢s different conclusions and musings was an obstruction to the battle for democratization. The Whig party expanded its order however later neglected to take position on the issue of servitude. The pioneers of the main party along these lines did not have the capa city to settle on decisions on rising issues. The Whig gathering could along these lines direct fruitful crusade just if the issue of servitude was not placed into thought. Different variables that presented a test on the pioneers were religion, bondage and nativism must be dealt with (Brands et al 282-284). Was the United States characterized more by national or provincial personalities in the mid nineteenth century (from the War of 1812 to the Age of Jackson)? How did that feeling of personality shape the political scene? In the mid ninetieth century, America was weave together by certain national key
Thursday, August 13, 2020
How Does Smoking Cause Atherosclerosis
How Does Smoking Cause Atherosclerosis Addiction Nicotine Use Smoking-Related Diseases Print The Link Between Smoking and Atherosclerosis By Terry Martin facebook twitter Terry Martin quit smoking after 26 years and is now an advocate for those seeking freedom from nicotine addiction. Learn about our editorial policy Terry Martin Medically reviewed by Medically reviewed by Sanja Jelic, MD on May 09, 2016 Sanja Jelic, MD, is board-certified in sleep medicine, critical care medicine, pulmonary disease, and internal medicine. Learn about our Medical Review Board Sanja Jelic, MD Updated on January 03, 2020 Science Picture Co / Getty Images More in Addiction Nicotine Use Smoking-Related Diseases After You Quit How to Quit Smoking Nicotine Withdrawal The Inside of Cigarettes Alcohol Use Addictive Behaviors Drug Use Coping and Recovery Atherosclerosis is a life-threatening disease in which cholesterol, cellular waste, calcium, and other fatty substances are deposited along the lining of artery walls in your body. These sticky, yellowish deposits, known as plaque, build up over time, hindering your blood flow. If you smoke, you face an increased risk of atherosclerosis, heart attack, and stroke.?? What Is Atherosclerosis? Also known as hardening of the arteries, atherosclerosis often starts early in life and progresses slowly as you age. Atherosclerosis typically affects medium and large arteries in the body. Many scientists believe that damage to the endothelium, the innermost layer of the artery, is where atherosclerosis begins.?? Damage to the endothelium allows plaque to build up along the lining of your arterial walls, and as it does, blood flow is constricted and the supply of oxygen to your body is decreased. Effects of Atherosclerosis Plaque can rupture and cause blood clots (thrombus). These blood clots can break away and enter your bloodstream, lodging in another part of your body, sometimes completely blocking blood flow, called an embolus. Fatty embolisms that block blood flow to your heart cause a heart attack. If they block blood flow to your brain, they cause a stroke. If blood flow to your arms and legs is reduced, it can cause you to have difficulty walking and eventually lead to gangrene.?? There are three proven causes of atherosclerosis, including: Elevated Cholesterol and Triglyceride Levels Elevated levels of cholesterol and triglycerides in your blood cause damage to your endothelium.?? Some cholesterol is necessary, and your body usually produces most of what it needs in your liver. The other source of cholesterol comes from animal fat and is known as LDL or bad cholesterol. While our bodies need some LDL cholesterol, too much of it can raise your cholesterol levels dangerously and put you at risk for atherosclerosis and/or a heart attack. Foods that come from animals, such as chicken, eggs, dairy products, beef, and pork, contain cholesterol. Foods from plants do not contain cholesterol. High Blood Pressure Blood pressure is the result of two forces. One is the pressure created by your heart pumping blood through your circulatory system. The other is the force of the resistance of the arteries as your blood flows through them. When your heart pumps, it pushes blood through the larger arteries and on into the smaller blood vessels, called arterioles. The arterioles can constrict or expand, and when they do, the resistance of the blood flow is affected. The more difficult it is for the blood to flow, the higher your blood pressure will be. When high blood pressure goes untreated for a long time and your heart is forced to pump harder to get the blood to flow, the result is often an enlarged and weakened heart muscle. High blood pressure hurts your arteries and arterioles over time as well.?? They become scarred and hardened, putting you at risk for atherosclerosis. How Cigarette Smoke Increases Risk Factors for Atherosclerosis Cigarette smoke aggravates both of the above risk factors for atherosclerosis in the following ways: Cholesterol: The toxins in tobacco smoke lower your high-density lipoprotein cholesterol (HDL or good cholesterol) while raising levels of low-density lipoprotein cholesterol (LDL or bad cholesterol).??Nicotine and Carbon Monoxide: The nicotine and carbon monoxide in cigarette smoke damage your endothelium, setting the stage for the build-up of plaque.??High Blood Pressure: While cigarette smoking wont cause high blood pressure, if you smoke and you also have hypertension, smoking can increase the risk of malignant hypertension, a dangerous form of high blood pressure.?? Smoking is hard on the heart. Its Never Too Late to Quit Smoking If youre a smoker and youre thinking about quitting, remember, its never too late to quit smoking. Regardless of your age or how many years youve smoked, research has shown that your body will begin the healing process within 20 minutes of your last cigarette. Within one year of quitting smoking, your risk for coronary artery disease drops to half that of a smoker. Between 5 and 15 years of quitting, your coronary disease and stroke risk drop to that of nonsmokers.??
Saturday, May 23, 2020
Does Racism Make Us Sick - 1506 Words
Maressa Rodgers Dr. Crystal Piper HLTH 3105 MF December 12, 2014 Does Racism Make Us Sick? When assessing the progress of the racial divides that plagued what is now considered the ââ¬Å"melting potâ⬠of all nations, the feelings and health statuses of the oppressed should stand out as one of the major indicators of progress. Yet with this logic, it seems as though the disparities continue to grow, the voices of the oppressed minorities in the United states gets hushed by their oppressors, and many individuals that try to stand up for their basic human rights get tossed back into the shadows. In America, many people of privileged backgrounds find themselves fleeing from their guilt by excusing their unearned favor in this society byâ⬠¦show more contentâ⬠¦Those key aspects include, historical traumas and colonialism and the etiology related to health behavior, the disassociation that some minorities feel, the permanent division among different races due to segregation, the various levels of racism, and finally how these elements affect the health outcomes of minorities. While assessing these aspects, the consideration of Americaââ¬â¢s progress should still have a thorough examination as well as finding the validity in the statement that racism contributes significantly to making American minorities sick. Before delving further into these aspects, a distinct understanding of racism, discrimination, and disparities is significant to seeing the connection of how they each relate to the health impacts of American minorities. Racism is an institutional and systematic form of oppression, seeking to undermine the progression of minority groups, in an effort to place them as inferior based upon the taxonomy of race. Discrimination is clear mistreatment among certain individuals based on prejudices against various parties. Finally, disparities are facets of different communities that force an unfair disadvantage upon them. All three of these factors contribute to negative health impacts among minorities. Racism and discrimination have played a major role in creating such health disparities over many years throughout history. From the video, Dr. Karina Walters explains how ââ¬Å"historical trauma has indicators of etiological or
Tuesday, May 12, 2020
Evaluation Of An Effective Meeting With A Client - 1344 Words
Completing the initial contact with the client showed me both areas in which I need improving and areas I did well. After speaking with classmates and receiving feedback from my supervisor I was able to better understand what others thought of my interview. Seemingly, main areas of concern during the interview were to maintain professionalism, practice self-reflection, show empathy, conduct the interview in a thorough manner, and avoid any personal biases during the interaction. The concerns for conducting an effective meeting with a client can depend on many things. With reference to the previous class 341, we engaged in scenarios during class that acted out the client and worker interview. During the classroom exercises it was difficult to create a natural setting for meeting with a client. While at probation it became easier to deal with clients because what you were witnessing are real life situations, and the person sitting in front of you is seeking help and resources. Areas I believe I did well in during the initial contact, was the engagement process. Sitting down with the client and my supervisor as we introduced ourselves and explained to the client our goals of the initial contact and our intentions I felt the client felt comfortable meeting with my supervisor and myself. The client was actively engaged throughout the entire interview, this client was open to ask questions and open to expressing his experiences and concerns. My supervisor and myself were able toShow MoreRelatedAssignment : Planning Engaging Stakeholders1523 Words à |à 7 PagesAssignment 1: Planning Engaging Stakeholders (20 points) Successful evaluations begin with careful planning and efforts to engage those who will be part of the evaluation activities. This assignment focuses on using the knowledge and skills you have acquired in this course and other courses to talk about evaluation in your field practicum site and to engage your supervisors (field task instructors, agency director, coworkers, clients, etc.) in your project. Agency Information: 1. Provide a briefRead MoreImplementing Existing System Of Quality Control917 Words à |à 4 Pagesthat outcomes are being met; and that clients are satisfied with the services received. NDY has a long history of providing services to at-risk /high-risk youth and low-income families with grant funds, including foundation, federal, state and county funding sources and the agency has a system in place to guarantee service compliance and goal attainment. Utilizing sound evaluation research methods, NDY routinely conducts both process and outcome evaluations of all programs. In addition to complyingRead MoreProgram Assignment835 Words à |à 4 Pagesprogram targeted to enroll 115 clients, but 103 clients were enrolled, they also targeted 57 clients to complete the course, but the actual number was 65, for clients advancing one level up, their target was about 37 clients, but they surpassed their target, and about 60 clients completed the course. The data collected from interviews shows that the outcome achieved is based on the program activities. The interview question shows that the classes are held in clientsââ¬â¢ apartment complexes. This is oneRead MoreEffective Communication With A Social Worker1196 Words à |à 5 Pagesis the ability to have effective communication skill. I understand that as a Social Worker we are constantly communicate with clients to gain information, convey critical information and make important decisions. Without effective communication skills, social workers may not be able to obtain or convey that information, thereby causing detrimental effects to clients. Effective communication skill also applies to the relationship you have with your agency supervisor. Effective communication with yourRead MorePlan For Creating A Treatment Plan1655 Words à |à 7 Pages Transaction #4 Client: Yeah, Iââ¬â¢m getting too old for this. I just want to get a little apartment or a room and a job to keep me going. I need my own place where I can just be alone with no one to bother me. Worker: I hear you. But, whatââ¬â¢s the most important thing right now? Whatââ¬â¢s your plan? Skill: Maintaining a focus on the goals. Reading the client: Is this guy going to help me get a room for me to rent? I keep insisting that thatââ¬â¢s what a need hoping that heââ¬â¢ll offer me some help withRead MoreSelf Critique Of Charles Kebler As Sales Manager Essay1561 Words à |à 7 PagesAssignment: Sophia Barrow Performance Evaluation Self-Critique Section One ââ¬â Overall Performance Critique: 1.What did you do well in the meeting? After going back and reviewing my performance evaluation of Sophia Barrow, I feel like I did a very good job overall. The first thing I feel like I did well during the meeting was keeping the conversation balanced. Keeping the conversation balanced and not talking too much was my main issue going into the meeting. The next thing I feel like I did reallyRead MoreThomas Green Essay1336 Words à |à 6 Pagesopportunities. After meeting with Shannon McDonald, Travel Division Vice President, she promoted Thomas Green to Senior Marketing Specialist. Within one week, Green met Marketing Director, Frank Davis. On October 8th, Green attended Davisââ¬â¢ Budget Plan meeting. After a disagreement about Davisââ¬â¢ regional sales goals, Davis emailed McDonald regarding Greenââ¬â¢s personality issue. Green and Davisââ¬â¢ rocky relationship continues to escalate after Davis gives Green a poor informal evaluation. There was nothingRead MoreProject Manager And The Lead Designer And Lead E ngineer1039 Words à |à 5 PagesThe client-related risk will be mitigated by implementing an effective communication plan with early client engagement and by drafting a contract that delineates the clientââ¬â¢s duties beyond payment. The risks of scheduleââ¬â¢s delay and over-budget will be mitigated by minimizing changes of scope, planning a realistic schedule, avoiding communication breakdown, tracking resources and deliverables and enforcing and monitoring the quality gates. The Project Manager and the Lead designer and Lead EngineerRead MoreDonabedian Model788 Words à |à 4 Pagessuggests that ââ¬Ëit is important for counsellors to evaluate their work as an ongoing process through evaluation, in which the client participates, to understand where their interventions are appropriate or where a different approach may be more effectiveââ¬â¢, (pg. 85). Previous research of counselling evaluations have possibly failed to recognise clientââ¬â¢s views, which is important as this examines how clients want to be helped and how they consider to have been helped, which helps counsellors to improveRead MoreEvaluation Of The National Association Of Social Workers1119 Words à |à 5 PagesEvaluation How do you know if you are really helping the client? Evaluation is an essential part of the social work profession offering monitoring and measuring interventions created for clients. Research has concluded evaluation is an integral part to social work practice approach to evidence-based methods. In recent years, training on evaluation has increased however it remain under-utilized by social workers in practice, (Hitchcock Baker, 2010). The National Association of Social Workers
Wednesday, May 6, 2020
Anne Hutchinson versus Massachusetts Free Essays
Anne Hutchinson was a church going woman at the least. She moved to Massachusetts in 1634 with her husband and thirteen children. She was expecting her fourteenth when they arrived. We will write a custom essay sample on Anne Hutchinson versus Massachusetts or any similar topic only for you Order Now Her main influence to migrate to the Americas was Reverend John Cotton. He was a minister to her while they lived in England and she could hear prayers from anyone else but him. Anne was a true believer of the Puritan faith and keeping up the traditions and worship. She believed in speech of ââ¬Å"covenant of graceâ⬠not a ââ¬Å"covenant of worksâ⬠. Basically she wants people to worship what god says and what he has laid down for them to pray upon. She opposes many ministers who she believes that speaks of words that people have laid out over the years and of a man named John Calvin. He was a famous Pastor whose works are called Calvinism. This is what gets her into a big heap of trouble. While in America Anne has these meetings with people around her area and she preaches what she thinks is right and who all she believes can teach the religion the right way. Well people found out and she was put on trial among her peers to be tried for ââ¬Å"troubling the peace and commonwealth of the churches here.â⬠She had spoken something to a group of ministers about her beliefs and they were there to testify against her. She exclaims,â⬠what law have I brokenâ⬠thinking to herself what she did was right. Some of the men said she said it and some said she didnââ¬â¢t say all that she was accused of but overall the jury believed she said it. Reverend Cotton almost gets her out of it but she rambles about her beliefs again and convinces everyone that she should be prosecuted. The jury and the judges find her guilt of ââ¬Å"troubling the peace and commonwealthâ⬠¦Ã¢â¬ and she is convicted and banished after she is ââ¬Å"uncommunicativeâ⬠with the outside people she knows. She stays a few months in a house in ââ¬Å"Roxburyâ⬠then goes back to court. She then receives her final conviction which is banishment, also John Cotton now hates her for what she has done and talks down to her in the court and says she shall go to hell. She canââ¬â¢t ever come back to that town. She then moves to what is now ââ¬Å"Portsmouth, New Jersey ââ¬Å"with some of her followers. When her baby was due is was a ââ¬Å"still babyâ⬠and people thought it was a sign of the evil she had done and called it the ââ¬Å"devil child.â⬠She later gets murdered with five of her kids by Indians after moving to New Netherlands. How to cite Anne Hutchinson versus Massachusetts, Essay examples
Sunday, May 3, 2020
Consumer Protection Laws
Question: Describe about "Consumer Protection Laws". Answer: Introduction A section of laws and organization which are formed in order to ascertain the consumer rights along with fair competition, trade and transparency in terms of the transaction process are the main aspects of Consumer Protection law. The laws are formulated in such a manner which ensures any form of unfair treatment to the consumers. Thus, the acts that are legislated and executed in accordance to the above mentioned aspects related to consumer behavior and protection of their interests is Consumer Protection Act. In this regard it could be mentioned that, the national law in order to ascertain protection of the consumers and fair trading is the Australian Consumer Law (ACL). On 1st January 2011 the ACL was commenced (Consumerlaw. 2016). Case 1 In the context of the above discussion, few cases could be mentioned which are related to the concept of Concept Protection Act, in order to explain the idea more vividly and in an in-depth manner. The ACCC V TPG Internet Pty Ltd [2013] HCA 54 (the TPG Case) clearly highlighted the fact that, the nations highest court is determined to give proper justice to the consumers whose Consumer Protection Laws gets breached by any large company. In the context of this case, regarding the companys relation with Unlimited ADSL2+ service, the court justified a $2 million fine against TPG. Fine of this type is the first of its kind in the court. In the opinion of the ACCC, this kind of decision affirms its effort in preventing violation of consumer laws by the big companies (Hannebery et al., 2016). The main issue of the case was the question whether under Section 52 of the Trade Practices Act 1974 (Cth) (at present Section 18 of the Australian Consumer Law) the print advertisements that was developed by TCP for the promotion of its Unlimited ADSL2+ service misleading or not. In the advertisement it was mentioned that an offer was provided by the company under which ADSL2+ would be supplied for $29.99 per month. In a comparatively smaller print, below this offer it was notified that the offer came along with the TPG home telephone service due to which the consumers would have to pay additional $30 per month. On the basis of the above issue the ACCC opted for a legal action against the company. The allegation of the ACCC was that the advertisement had scope or was already misleading the consumers regarding the actual cost of the ADSL2+ service. Thus in this case, the consumer right of receiving transparent and non-deceptive information regarding the provided services was at stake , resulting in the breach of consumer laws. On December 2013, the High Court reestablished the Federal Courts verdict that the advertisement was misleading and reinforced $2 million penalty which was previously reduced by the Full Federal Court on the appeal of the company. The High Court emphasized on the perspective or point of view that was conveyed by the main message in the particular advertisement. The Court during the judgment considered the fact that on the basis of the companys ad it may resulted in effective formation of belief and impact the trust of the consumers that may lead in attracting the consumers to go into a negotiation with the company rather than its competitors. The High Court further highlighted the fact that a rational consumer might be aware of the fact that ADSL2+ services were combined with telephone services but that cannot result in ignoring the fact that advertisement was of deceptive nature. Some of the main requirements of the provided information t o the consumer under the Consumer Right laws are its transparency, clarity, non-ambiguous and non-deceptive nature. In this particular case, the provided information conveyed to the consumers consisted of ambiguous and unclear elements thus breaching the right of information of the consumer, resulting in breach of Consumer Law (SOVERN, 2014). In order to analyze the mentioned case critically and in an effective manner, the opinion of ACCC Chairman Rod Sims as provided for an article in the Australian Financial Review could be highlighted. He opined that, the decision given by the High Court in this particular case was a standard for the companies regarding the consequence that they might have to face in case they breach consumer laws. The verdict given in this case clearly highlights the issue of misrepresentation by the companies. This case brings out the aspect that it is essential on the part of the organizations to be careful regarding particular features of services or goods that they emphasize and convey upon to the consumers should not have any form of misleading or deceptive elements that may affect the consumer. As a result of which the organizations during their promotion or advertisement should be very careful regarding the any form of misleading statement (Mondaq, 2016). The company which has been blamed this case may provide that logic that all the essential and important information were provided in the advertisement. But this cannot result in ignoring the fact that certain portions of the messages were emphasized upon while other parts of the information were not emphasized upon. This can be clearly stated to be a means of misguiding the consumers. As experienced from the above mentioned case that such behavior on the part of any organization can lead to its suing and if the misconduct or breach of the law is proven then the consequence may be penalty of paying a compensation amount or even imprisonment. Case 2 Section 52 of the Trade Practice Act [TPA], deals with misleading or deceptive behavior in terms of trade behavior or practices. In this regard, The Australian Competition and Consumer Commission v Google Inc [2012] FCAFC 49 (3 April 2012) case can be mentioned. In accordance of the paragraphs 2(i) to (iv) of the Notice of Appeal the Court declared that, due to publishing on the Google Australia websites result page on 29th May 2007, 18th July 2007, 24th October 2007 and 17th April 2008 by Google Inc results that were ads for STA Travels business and website which consisted of the heading of Harvey World Travel or Harvey World was contradicting the fact or truth according to the trade or commerce behavior which are: the advertisement represented the fact that STA Travel and Harvey World Travel business were associated, the mentioned organizations had an affiliation, at STA Travels website Harvey World Travel businesses information could be found and finally the at STA Travels website information regarding the service provided by Harvey World Travel businesses could be achieved. As a result of the above mentioned trade behavior, Google Inc was hold liable to be engaged in misleading or deceptive behavior (Accc. 2016). Similarly, between March 2006 and July 2007, Google Inc by publishing or caused to publish results on result page of the Google Australia website CarSales advertisement with the website heading as Honda.com.au results a breach of consumer law. The reason being, when the consumer would click on the provided headline of Honda.com.au they were supposed to visit the Honda Australia website which was not happening. This clearly was a misleading or deceptive act. It was further claimed by ACCC in response to searches of users for a business which was a competitor; Google published sponsored links to the websites of Trading Post and Ausdog as well (Farrell, 2010). In this particular case the issue was not the fact if the sponsored links were of misleading or deceptive nature or not. The main aspect on which the High Court was required to take a decision was whether by promoting or displaying sponsored links there was any form of involvement on the part of Google Inc in misleading or decepti ve behavior. The High Court on 6th February in completely agreement and approved the appeal made by Google. The approval of the appeal was done on the basis of the finding which reflected that Google was not involved in any form of deceptive or misleading behavior. The justification given by the court for this verdict was mainly because the search terms which are selected by the internet users or the material that are available on Google are not controlled by Google. Moreover any advertisement that gets activated in Google page is because of the fact that the Google ad words content or Google search main words are specified by the advertisers and Google is not in control of that. Other than that, the advertisements that are published in its page are not created or authored by Google itself and third party is responsible for it. The innocence of Google from any form of misleading is further proven from the fact that the conveyed information in those advertisements was that of the advertisers which Google do not endorse (Sinha, 2011). Thus from the above findings the innocence of Google was established and the previous decision of the Full Federal court which was in favor of ACCC was nullified the verdict by the High Court. There are number of implications of the judgment given by the High Court that primarily impacted the publishers, advertisers and trade mark owners. The main impact upon the publishers was establishment of the fact that websites should be treated at per as any other media of advertisement like newspapers, magazines etc. It is also significant in this context that, if an advertisement is not created or adopted by a particular media, then it would not be considered liable for the misleading elements of the advertisement. It was further affirmed by the High Court that the advertisers will be considered liable for the deceptive or misleading elements that are present in online advertisement. Moreover, in case any advertiser buys Adwords which consists of another organizations trade mark and link it to a sponsored link the advertiser will be considered liable for the misleading and deceptive behavior (Hwlebsworth, 2013). As a result, it further increases the importance on the part of the a dvertisers to review the components of an advertisement in order to assure that it contains no misleading elements. The importance of The Australian Competition and Consumer Commission v Google Inc [2012] FCAFC 49 (3 April 2012) case also lies on the fact that in relation to the particular case on 23th April 2013 Trade Mark Adwords policy was updated with the purpose no more restrictions would be imposed on advertisers by Google in terms of their purchase and use of trademarks like keywords in Google Ads. In case of any form of breach of rights on the part of trade mark owners they may secure their rights by approaching or lodging a complain to Google regarding any form of unauthorized use of trade mark which will result in restricting its use by Google. Other than that claims could be under the Australian Consumer Law any the advertisers unauthorized use of the trade mark. From the above discussion it is prominent that The Australian Competition and Consumer Commission v Google Inc [2012] FCAFC 49 (3 April 2012) case was a significant one in terms of the consumer laws. In order to analyze the case critically it is essential to discuss the argument of both the sides. Prior to the verdict was given by the High Court, the Full Federal Court was in support of ACCC. Earlier to the verdict was given by the High Court there were number of arguments posed by ACCC in against of Google Inc. Some of those mentionable arguments are: in the perspective of ACCC Google was involved in the creation of the sponsored link because the technology is utilized by Google itself in order to create and present the sponsored links. Thus, this involvement makes Google more than just a publisher. So, on the basis of Section 52 of TPA ACCC made the argument that Google Inc was engaged in misleading and deceptive act (Hcourt. 2010). In other to defend these charges, Google Inc presented to the High Court every applicable aspect of the sponsored links, further mentioned that as compared to the fundamental aspects of the technical facilities provided to the advertisers the technical facilities of Google as provided to others were not different and most importantly, the commercial relations between advertisers and other traders were not within the boundary of Google. In this particular case there were number of elements that could have resulted in the inclusion under the provisions of the Section 75B of the TPA, resulting in proving Google as criminal for commencing misleading and deceptive behavior (Hwlebsworth, 2013). But it was given a clean cheat on the basis of the particular circumstances of this case which includes the level of Googles involvement in terms of determination of the sponsored links contents. Conclusion In the conclusion it could be stated that the core purpose of the consumer laws is not to protect the consumers from any kind of misconduct, misleading and deceptive behavior and protect the interest of the consumer. It further ascertains that if any such incidents occur against the consumers they get fair justice and get the get deserved with the help of these laws. References Hwlebsworth, 2013 [online] Google victory over consumer watchdog: Google v ACCC.publications/publications/technology-media-and-communications/item/977-google-victory-over-consumer-watchdog-google-v-accc.html [Accessed 19 May 2016]. The Australian Consumer Law, 2016 [online] Consumerlaw.gov.au. Australian Competition and Consumer Commission, 2013. Farrell, C., 2010. Citizen and consumer involvement in UK public services. International Journal of Consumer Studies, 34(5), pp.503-507. Hannebery, J., Sapountsis, J., Hannebery, J. and Sapountsis, J., 2016. Australian consumer law update: ACCC cases targeting false or misleading representations | Davies Collison Cave Australia. [online] Davies.com.au. Hcourt.gov.au., 2012. [online] High Court of Australia: Google Inc v. Australian Competition and Consumer Commission. Robertson, I. and Berry, S., 2014. ACCC to pursue companies that breach consumer laws - Consumer Protection - Australia. Sinha, R., 2011. Consumer laws. New Delhi: Global India Publications. SOVERN, J., 2014. Fixing Consumer Protection Laws So Borrowers Understand Their Payment Obligations. J Consum Aff, 48(1), pp.17-33.
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