Arbitration Clauses and Litigation :: Business Law Essays

Arbitration Clauses and Litigation More and more companies are including arbitrational clauses in their contracts. Whether it is in an employee application or an online selling website, arbitrational clauses are becoming abundant. But do these clauses hold up in the legal system? In the recent Paypal Corporation case, the arbitration clause was not enforced due to miniscule details such as clicking a mouse. The overruling of these clauses is becoming the norm as people are beginning to realize what they have gotten themselves into. The same type of arbitrational clause dispute as the Paypal Corporation occurred in the case of BellSouth Mobility LLC v. Christopher. BellSouth institutionalized an arbitrational clause in its service agreement that states that â€Å"instead of suing in court, company and customer agree to arbitrate any and all dispute†. In the event that the disagreement goes through arbitration, the arbitrator can not give punitive damages to the plaintiff as well as only receive a limited amount of recovery money. When Christopher brought the case before an appellate court, the court sided in his favor claiming that the contract was â€Å"substantively unconscionable† due to the fact that BellSouth still had the right to bring Christopher to court over different legal matters, giving them an â€Å"unfair advantage.† The case continued to go to trial court to see if the contract was â€Å"procedurally unconscionable† because of the small print of the arb itrational clause. Because Christopher was not fully forewarned about the arbitrational clause, and the fact that BellSouth took advantage of a client, BellSouth was found guilty (Hackbarth). A similar situation occurs in the case of Toppings v. Meritech Mortgage Services (MMS). An elderly couple, Margaret and Roger Toppings received a loan from Meritech Mortgage Services for thirty-seven thousand dollars with a monthly payment plan which would last for fifteen years, along with thirty-six thousand dollars in interest. Before signing the loan, the couple asked for the document to be explained. At the time, the MMS lawyer was not coherent with the document but told the couple to read it at home after signing the document. Upon reading the contract, the Toppings came across the amount to be repaid in interest and tried to bring MSS to court for trying to take advantage of the elderly.

Factors that influence an individual’s self-concept Essay

P3: State factors that influence an individual’s self-concept M2: Outline how factors can influence the development of an individual’s self-concept Sharon is a 17 year old girl at the stage of adolescence, to add on to that she’s also a single mother of two children. Throughout her life she has had to grow up more than others as she has a family of her own to look after as well as her educational life which will determine how her future will turn out later. In this assignment I will state as well as outline factors that can influence the development of Sharon’s self-concept. Before I continue I will be discussing self-concept, self-esteem and self-image in terms of Sharon. Self-concept is how Sharon views herself in terms of her strengths and weaknesses; self-concept is what she thinks of herself as†¦ While self-esteem is how much Sharon values herself, in other words if Sharon had a high self-esteem she would be more likely to believe herself as an extremely likeable person. Lastly, self-image is basically the overall image Sharon has of herself, what she believes her own image portrays. Read more:  Influences that affect children’s development essay Age: Especially at the stage of adolescence, girls like Sharon tend to be extremely self-aware of their own image and how they portray themselves towards the public. This is because as Sharon gets older, she’s more likely to care about how other people think of her. Age influences Sharon’s self-concept because as she gets older she’ll tend to behave in a certain way when she thinks she doesn’t belong anywhere, to be able to fit into everybody’s standards. As Sharon gets older, she’s more likely to develop her own self-image however peer pressure will prevent her from doing that as she will feel more pressured into fitting in and more fearful of being rejected by the majority. Appearance: Appearance is a big influence on Sharon’s self-concept, as appearance also affects your self-image as well as self-esteem. During the stage of adolescence, teenagers like Sharon tend to be more critical to themselves more therefore their way of judging tends to be more harsh; depending on  Sharon’s judgment of herself it’s more likely that she will either have higher self-esteem or lower self-esteem: this is because at this stage teenagers like Sharon tend to seek out their insecurities more and are less likely to point out their strengths since they are more focused on trying to fit in†¦And these days teenage girls care more about being physically perfect and trying climb up the social ladder that they sometimes forget about their own unique qualities and try to forge a completely whole image which fits completely into society’s standards. However looking back at Sharon’s past, it’s more likely that she’s to have a more negativ e self-concept, self-image as well as self-esteem as not only has she given birth once but twice and pregnancies can cause physical side effects such as stretch marks; now adding on to the stress Sharon has to face from trying to fit in she also has to face the physical side effects of giving birth which can cause her self-esteem to deflate which will overall affect her self-image. Gender: Gender influences Sharon’s self-concept because Sharon depending on how she’s been brought up may act upon society’s expectations towards male and female. When it comes to females, they are expected to be more of the submissive type that tend to do the domestic tasks around the house and do jobs related to health care more than physically strenuous jobs. Unlike males who are suspected to be more dominant, strong and more into jobs which doesn’t require emotional involvement but more of physical and intellectual involvement. When it comes to gender’s influences to Sharon’s self-concept, she will tend to stray away from doing physically strenuous activities as a girl she’s not expected to be strong and fit like boys but fragile and slender because it suits society’s overview on femininity. Overall adolescents like Sharon will feel more pressured in trying to fit into their gender roles. Culture: Culture affects our self-concept because it could change Sharon’s values and views of herself depending on what kind of culture she grew up into. Culture teaches Sharon a lot about how to do things such as what kind of clothes to  wear, how to react in different situations, and what food she should be eating; in other words it encourages Sharon to have different views and improves her self-concept depending on what kind of culture we grew up into. Culture mostly influences positive self-concept as culture is mostly not aimed to degrade our self-image but to improve our overall views on ourselves by gaining confidence and learning how to do and view things in a certain way. For Sharon since it seems that she hasn’t moved around much then it means that she’s been able to fit in to her culture quite well, and may not have much difficulty making herself accustom to other people’s culture; the way they were brought up. Culture affects self-concept because self-concept involves things such as how clever you are, and the approach to education is something that’s viewed differently from culture to culture. The Asian culture might be more uptight and committed to education, in contrast to the Western culture’s less uptight but nonetheless committed approach to education. The downside of culture is that if Sharon was to find her culture and another person’s culture clashing together then it could cause a negative influence towards her self-concept as this could mean that they won’t have the same views or attitudes to certain things, which could cause Sharon’s overall performance to a disadvantage as it’ll make her more self-conscious and less confident in the way she has been brought up as well as feel anxious as she might not be able to get her views across easily. Income: Income influences Sharon’s self-concept because depending on how much income Sharon or her mother’s income might be it might change her views towards money and expenditure as well as values towards other factors such as education because education usually is the key to a better occupation which could lead to higher income. Especially when Sharon’s a young single mother with most likely no high income at all, she’s forced to sacrifice some of her own self-indulgences to be able to provide for her children as well as aid in monthly bills with Janet as Janet can’t always provide financial security for her family. Due to Sharon’s current situation she’s more likely to have a negative self-concept, she will often find life more difficult and find less enjoyment out of trying to maintain enough income to fend for her  family as this will reduce Sharon’s time for herself as well as time to hang out with her friends and family. However since Sharon not only gave birth to Aimee but Fergal, this could indicate that there are positive influences to income when it comes to Sharon’s situation as this could mean Sharon’s willing to cope with the problems of being a single mother and try to be successful at it, meaning she must have a higher self-esteem to be able to have a high motivation. Media: Media plays an important role in influencing Sharon’s self-concept, media tends to encourage adolescents such as Sharon to come up with unrealistic ideals. This could cause Sharon to go through extreme measures such as dieting to get the perfect body, as well as completely change how she behaves because she might not be portraying the feminine image girls should have. The media tends to exaggerate flaws out of people that adolescents like Sharon feel the need to change due to the growing feeling of insecurity about their own qualities which causes low self-esteem and self-image; because of this Sharon may feel tempted to compare herself with friends and other people and be increasingly self-aware of other people’s opinions. Depending on how much self-esteem Sharon has towards her self-image she’s more likely to change her self-concept in order to meet the unrealistic norms the media has brought out from trying to maintain consistency with the idea of perfection. Education: Education affects Sharon’s self-concept because education is a gateway to Sharon’s overall financial outcome as well as lifestyle in the future; it also gives Sharon the ability to choose. However since Sharon’s a single mother education would have to be postponed as her life now revolves around her two children: Aimee and Fergal. Since Sharon’s at the age of 17 she’s still in progress of acquiring her qualifications, doing her A-levels then going to University. Unfortunately her current situation will prevent her from working to the best of her ability, this may affect her self-concept as  she’ll be less motivated to study and learn. She may also lack self-esteem because she might not be able to understand what’s going on in her lessons and what needs to be done. Her teachers might start to discourage her from continuing the courses she does due to bad grades and overall her self-concept will change negatively. Being a mother at the age of 17 is hard to hide, in such a big environment such as school and being pregnant at such a young age can be looked down upon which could cause Sharon to get bullied at school. Bullying is a dilemma that people have always tried to prevent but it still goes on today, it could cause a lot of damage to a person’s self-concept especially Sharon’s. Environment: Sharon’s financial status may prevent her and her family to live in a peaceful environment where pollution and violence is rarely an occurrence. This will affect her self-concept as Sharon will start to compare her situation with others that may have a better lifestyle bringing her self-esteem and self-image down. With her current situation she’s more likely to be living in a more polluted environment, meaning the environment she’s living in would be uncontained and unclean. This will be a potentially damaging environment for her children’s health thus affecting her self-concept negatively. Socialisation: When it comes to socialisation Sharon’s lifestyle will affect her greatly, as she’s a busy mother who would have to prioritise her children first before personal indulgences. This will affect her self-concept and self-image because she will have less time to hang out with her friends and socialise as well as even have enough time to take care of herself or go shopping. Sharon’s self-confidence will also decrease drastically as she compares her friends’ social life with hers, because Sharon already has a family while her friends are still at their adolescence stage having lots of freedom and less responsibilities to take.

Their Eyes Were Watching God Essay - 731 Words

Their Eyes Were Watching God De white man is de ruler of everything as fur as Ah been able tuh find out#8230; de white man throw down de load and tell de nigger man tuh pick it up. He pick it up because he have to, but he dont tote it. He hand it to his womenfolks. De nigger woman is de mule uh de world as fur as Ah can see (14). The white man is on the top of the social and economic hierarchy. He holds the power, and due to this power has a privilege commanding respect and performed labors. The people who comply are the African-American men. However, there is a second hierarchy for the black men under the white mans privileges. To assume some sort of position of power they use whatever influence they have,†¦show more content†¦She completes her tasks as a mule would, thoughtlessly and trained. She passes on her passive attitude onto her granddaughter Janie. Janie works for her first husband, doing what he demands of her. Like a mule she sits when told, stands where she is told, and does exactly what she is told to do. She does not think for herself, pondering maybe if somebody was to tell me how (23). When a charming young man convinces her she needs a better life she follows, as a mule would. She slowly holds a better title, Mrs. Mayor, but still follows her husband. She spends endless days in her new husbands store, thankless days, following Jodys specific direction. Janie and her grandmother represent a culture of women that were stereotyped into a specific gender role, putting them as the last class in society. They received no compensation or respect for their services. Their work specifically benefited only those they worked for, and supported. Through compromising themselves in this way these women were subjected to even more maltreatment. African-American women, like mules, are property of men. They are treated without the proper human rights that should be placed on a woman doing so much for their men to survive. Janie represents black womens struggles, as her own struggle progresses in Jodys store. He buys her, through and similar to, his purchases of new clothes of silk and wool (33). When the twoShow MoreRelatedTheir Eyes Were Watching God1064 Words   |  5 Pagessignificant than death. In Zora Neale Hurston’s famous novel, Their Eyes Were Watching God, the main character Janie Crawford is plagued by the deaths of loved ones. Janie moves from caregiver to caregiver searching for true love and happiness, only to have it stripped away from her once she finds it in her third husband Tea Cake. At the end of the novel, having realized true love and loss, Janie is a whole woman. Their Eyes Were Watching God portrays the growth of the human spirit through both the emotionalRead MoreTheir Eyes Were Watching G od1780 Words   |  8 Pagesshort story â€Å"Sweat† and novel Their Eyes Were Watching God, the focus is on women who want better lives but face difficult struggles before gaining them. The difficulties involving men which Janie and Delia incur result from or are exacerbated by the intersection of their class, race, and gender, which restrict each woman for a large part of her life from gaining her independence. Throughout a fair part of Zora Neal Hurston’s novel, Their Eyes Were Watching God, Janie’s low class create problemsRead MoreTheir Eyes Were Watching God932 Words   |  4 PagesJanie Crawford: The Woman Whose Clothing Conveys Her Relationships In Zora Neale Hurston’s Their Eyes Were Watching God, the protagonist, Janie, endures two marriages before finding true love. In each of Janie’s marriages, a particular article of clothing is used to symbolically reflect, not only her attitude at different phases in her life, but how she is treated in each relationship. In Janie’s first marriage with Logan Killicks, an apron is used to symbolize the obligation in her marriage. â€Å"Read More Eyes Were Watching God Essay711 Words   |  3 Pages Their Eyes Were Watching God provides an enlightening look at the journey of a quot;complete, complex, undiminished human beingquot;, Janie Crawford. Her story, based on self-exploration, self-empowerment, and self-liberation, details her loss and attainment of her innocence and freedom as she constantly learns and grows from her experiences with gender issues, racism, and life. The story centers around an important theme; that personal discoveries and life experiences help a person findRead MoreAnalysis Of Their Eyes Were Watching God 1061 Words   |  5 PagesDivision: Janie Crawford in Their Eyes Were Watching God Their Eyes Were Watching God was written in 1937 by Zora Neale Hurston. This story follows a young girl by the name of Janie Crawford. Janie Crawford lived with her grandmother in Eatonville, Florida. Janie was 16 Years old when her grandmother caught her kissing a boy out in the yard. After seeing this her grandmother told her she was old enough to get married, and tells her she has found her a husband by the name of Logan. Logan was a muchRead More Their Eyes Were Watching God Essay1757 Words   |  8 Pages Their Eyes Were Watching God Book Report 1. Title: Their Eyes Were Watching God 2. Author/Date Written: Zora Neale Hurston/1937 3. Country of Author: 4. Characters Janie Mae Crawford- The book’s main character. She is a very strong willed, independent person. She is able to defy a low class, unhappy life because of these factors, even though the environment that she grew up and lived in was never on her side. Pheoby Watson – Janie’s best friend in Eatonville. Pheoby is the only towns person whoRead MoreWhose eyes were watching God?1400 Words   |  6 PagesWhose eyes were watching God? In the movie Their Eyes Were Watching God, Oprah Winfrey manipulates events that happened in the book by Zora Neale Hurston. Oprah morphs many relationships in the movie Their Eyes Were Watching God. She changes the role of gender, and also makes changes in Janie’s character strength. Oprah also changes the symbolism in the movie to where some important symbols in the book change to less important roles. Oprah changes many important events in the book Their Eyes WereRead MoreTheir Eyes Were Watching God Essay724 Words   |  3 PagesTHEIR EYES WERE WATCHING GOD ESSAY  ¬Ã‚ ¬ Janie Crawford is surrounded by outward influences that contradict her independence and personal development. These outward influences from society, her grandma, and even significant others contribute to her curiosity. Tension builds between outward conformity and inward questioning, allowing Zora Neal Hurston to illustrate the challenge of choice and accountability that Janie faces throughout the novel. Janie’s Grandma plays an important outward influenceRead MoreEssay on Their Eyes Were Watching God921 Words   |  4 PagesTheir Eyes Were Watching God An Analysis So many people in modern society have lost their voices. Laryngitis is not the cause of this sad situation-- they silence themselves, and have been doing so for decades. For many, not having a voice is acceptable socially and internally, because it frees them from the responsibility of having to maintain opinions. For Janie Crawford, it was not: she finds her voice among those lost within the pages of Zora Neale Hurston’s famed novel, Their Eyes Were WatchingRead MoreTheir Eyes Were Watching God By Zora Hurston Essay1233 Words   |  5 PagesHurston In the novel â€Å"Their Eyes Were Watching God† by Zora Neal Hurston is about a young woman named Janie Crawford who goes on a journey of self discovery to find her independence. The book touches on many themes like gender roles, relations, independence and racism however racism isn’t mainly focused upon in the book which some writers felt should have been. Some felt that the representation of black characters should have been better role models. Zora Hurston’s novel wasn’t like other black literature