Comparing Attentional Capture By Rare And Constant, Novel,...

Attentional Capture by Rare and Constant, Novel, Sudden Onset Stimuli Samuel Tong (450472150) ABSTRACT Novel and rare sudden onset stimuli are known to attract attention in different situations. Previously Yantis Jonides (1990) have shown novel sudden onsets capture attention mainly when attention is diffuse, and Neo Chua (2006) have shown rare sudden onsets capture attention so long as attention is not already pre-deployed to a stationary target. The current study aims to examine the interaction between rarity of a novel, sudden onset and attention pre-deployment by cues or stationary targets, and how this interaction affects the attentional capture of novel sudden onsets. In doing so, a better understanding of how these stimuli affect attentional processes may be established. Based upon the experimental findings, it is proposed that when a sudden onset stimulus is both rare and novel, the attentional capture processes when perceiving these stimuli are influenced by perceptual load and modes of attention. Implications of these findings are discussed further in the paper. Attentional Capture by Rare and Constant Novel Sudden Onset Stimuli Attentional capture is controlled by top down, goal orientated processes, or by bottom up, stimulus orientated processes (Wolfe, 1994, as cited by Emerson Kramer, 1997). Stimuli that appear suddenly, or sudden onset stimuli, are known to attract attention in a bottom-up fashion (Donderi, Zelnicker 1996, asShow MoreRelatedOcd - Symptoms, Causes, Treatment131367 Words   |  526 Pagespoints out that there are important differences between OCD and other anxiety disorders, including possible differences in biochemistry, presence of greater functional impairment in OCD, and the increased complexity and vagueness of the fear-eliciting stimuli in OCD. Others suggest that OCD may share a common etiology with chronic (multiple) tic disorder and Gilles de la Tourette syndrome (see review by O’Connor, 2001). It is also possible that the greater symptom variability and abstract nature of many

Essay about Descartes And Locke - 1518 Words

Descartes and Locke One of the most important branches in philosophy, is Epistemology, which means, theory of knowledge. So far, philosophers have made many attempts to discover the source of knowledge, the standards or criteria by which we can judge the reliability of knowledge. We tend to be satisfied with think what we know about almost everything, even though sometimes we are shocked to discover that something that we thought it was sure and certain, is instead proved dubious and not sure. For example, suppose that one person that you know and trust tells you that the moon landing in 1969 is only a lie, and the pictures and film were made in a laboratory. We might distrust our friend maybe or think that in fact there were no prove†¦show more content†¦He finds it plausible that we are all living in a dream and we have never experienced reality. He can no longer give any credence to his senses and finds himself in a place of complete uncertainty. Descartes comes to the conclusion that nothin g can be perceived more easily and more evidently than his own mind. He has discovered that even bodies are not accurately perceived by the senses or the faculty of imagination, and are only accurately being perceived by the intellect. He also realizes that they are not distinguished through being touched, smelled, or tasted, but by being understood alone. (An apple is an apple because our mind tells us that it is an apple.) It is the faculty of reason that gives the knowledge and lets the mind know the truths and essences of objects. Descartes assumes that all of us can be decided by our senses, someone can see something far away, and then discover that is not what we thought it was. Or even a oar when is immerse half in water attempt to be bent, but instead is straight. Descartes think that we cannot always be sure of what we sense, and gives the example of himself seated by the fire. Locke instead is an empiricist, and therefore he directly critiques Descartes epistemic system and tries to establish his own foundation of knowledge. Locke believes that our knowledge of the world comes from what our senses tell us. Locke’s theory state that we are all born with a blank slate, tabula rasa, before weShow MoreRelatedDescartes vs. Locke1175 Words   |  5 PagesPhilosophy Essay (Descartes vs. Locke) Socrates once said, â€Å"As for me, all I know is that I know nothing.† Several philosophers contradicted Socrates’ outlook and believed that true knowledge was in fact attainable. This epistemological view however had several stances to it, as philosophers held different beliefs in regards to the derivation of true knowledge. Rationalists believed that the mind was the source of true knowledge, while in Empiricism, true knowledge derived from the senses. ReneRead MoreDescartes vs Locke Essay1191 Words   |  5 PagesPhilosophy Essay (Descartes vs. Locke) Socrates once said, â€Å"As for me, all I know is that I know nothing.† Several philosophers contradicted Socrates’ outlook and believed that true knowledge was in fact attainable. This epistemological view however had several stances to it, as philosophers held different beliefs in regards to the derivation of true knowledge. Rationalists believed that the mind was the source of true knowledge, while in Empiricism, true knowledge derived from the senses. ReneRead MoreEssay on Descartes vs Locke1257 Words   |  6 Pagesby experience, observation, and sensory perception. Renà © Descartes and John Locke, both seventeenth century philosophers, are often seen as two of the first early modern philosophers. Both Descartes and Locke attempt to find answers to the same questions in metaphysics and epistemology; among these: What is knowledge? Is there certainty in knowledge? What roles do the mind and body play in the acquisition of knowledge? Descartes and Locke do not provide the same answers to these questions. In thisRead MoreDescartes And Locke : The Existence Of Knowledge867 Words   |  4 PagesDescartes and Locke; The Existence of Knowledge Rene Descartes, the Father of Modern Philosophy, based his beliefs off of one piece of knowledge that he found to be absolutely certain; â€Å"I now know that even bodies are perceived not by the senses or by imagination but by the intellect alone, not through their being touched or seen but through their being understood; and this helps me to understand that I can perceive my own mind more easily and clearly than I can anything else† (Descartes, 1639Read MoreJohn Locke And Rene Descartes1442 Words   |  6 PagesPhilosophers are individuals who address critical analysis of fundamental assumptions or beliefs with underlying theories of their own. John Locke and Rene Descartes were both classified as modern philosophers in the seventeenth century who sums up the subject about personal identity and its determents in reference to our own existence, such as who are we? The personal identity theory states that the philosophical confrontation with the ultimate questions of our own existence, such as who are weRead MoreRene Descartes And John Locke997 Words   |  4 PagesRene Descartes and John Locke each produced pieces of philosophical responses to the questions posed in epistemology which resulted with very different answers. Descartes relied on God and the mind as the only reliable and trustworthy sources to prove the existence of things other than ourselves. Locke, in contrast, made arguments for the existence of things in the external world via our innate ability to recognize and process sensations that are derived from subjects that exist in the material worldRead MoreRene Descartes and John Locke698 Words   |  3 PagesRene Descartes was a highly influential French philosopher, mathematician, scientist and writer. Many elements of his philosophy have precedent in late Aristolelianism and earlier philosophers like St. Augustine. Descartes was a major figure in 17th century continental rationalism, later advocated by Baruch Spinoza and opposed by th e empiricist school of thought consisting of Locke, Berkeley, and Hume. His most famous statement is: Cogito ergo sum, translation in English I think therefore I am.Read MoreJohn Locke And Rene Descartes Essay1444 Words   |  6 Pagesfield of philosophy, many philosophers have had theories on personal identity and a person’s â€Å"self.† These people have gone down in history books for their theories on a person’s identity: John Locke and Rene’ Descartes. These are two of the most famous philosophers of their time and all time. â€Å"John Locke was one of the philosophers who were against the Cartesian theory that soul accounts for personal identity (Nimbalkar, 2011).† His theory was that your â€Å"self† was your consciousness. He believedRead MoreThe Philosophy Of Descartes On The Affirmative, And John Locke2123 Words   |  9 PagesAre ideas innate or not? First, I will present the debate on innate ideas as argued by Descartes on the affirmative, and John Locke on the negative. Descartes view that we do indeed have innate ideas which comes from his meditations concerning the idea of god. While Locke would argue that we do not have innate ideas and that is rooted in his belief that all knowledge is a result of our experiences. Descartes was a French philosopher who was a rationalist. Rationalists believe that all ideas areRead MoreCognative Development: Therories of Locke and Descartes2328 Words   |  10 Pagesbetween John Locke, and Rene Descartes. John Locke, a seventeenth-century English philosopher, argued against the belief that human beings are born with certain ideas already in their minds. He claimed that, on the contrary, the mind is a tabula rasa (in Latin, a blank slate) until experience begins to write on it. He was quoted in saying: the human mind begins as a white paper, void of all characters, without any ideas. (The Blank Slate, n.d.) However, according to Renà © Descartes, a seventeenth-century

Paycom Marketing Plan Free Essays

The Obama administration’s proposal for a Consumer Privacy Bill of Rights, which was released as part of its â€Å"Consumer Data Privacy in a Networked World: A Framework for Protecting Privacy and Promoting Innovation in the Global Digital Economy,† is intended to give users more control over how their personal information is used in commercial transactions (Klosek, 2012). This type of framework is geared toward technologies such as mobile apps. Mobile app technology is capable of cloning personal information from a mobile device such as ID numbers, email address, current location, texts messages, calendars and personal photos. We will write a custom essay sample on Paycom Marketing Plan or any similar topic only for you Order Now Companies such as Google, Yahoo, Microsoft, and AOL have agreed to not track consumer browser use. These companies have been critized in the past for not doing what is required to protect the privacy of its consumers. They have been tracking their information without any consent or providing information to the consumer regarding how the data will be used. Now with the CPBR, consumers will now have the right to control what information is used, how it will be used and monitor the accuracy of the data collected. In order to use the Consumer Privacy Bill of Rights for future litigation, seven general principles have been developed to use as a guide. â€Å"Individual Control: Consumers have a right to exercise control over what personal companies collect from them and how they use it (Kloesk, 2012). † Going forward, companies will have to present consent as well as choices to the consumer about the data that is being collected, whereas before, consumers have been unaware of what type of data was being collected and how it was being used. Transparency: Consumers have a right to easily understandable and accessible information about privacy and security practices (Klosek, 2012). † There are many privacy risks in regards to mobile devices. With the CPBR, consumers with be informed about the most recent and relevant information regarding what personal data can be used. Mobile apps are an example where this information can be critical. â€Å"Respect for Context: Consumers have a right to expect that companies will collect, use, and disclose personal data in ways that are consistent with the context in which consumers provide the data (Klosek, 2012). This generally translates into a deeper guide to increased disclosers to the consumer. In the case that information or data is collected from a consumer and used for anything else other than for the use of the company, the consumer will be notified before and given the opportunity for consent prior to the information being used. They will also be informed what the data will be used for in relation to what is being shared. â€Å"Security: Consumers have the right to secure and responsible handling of personal data (Klosek, 2012). In summary, any data collected will be encrypted and secured when being moved from the consumer’s device to the companies servers. â€Å"Access and Accuracy: Consumers have a right to access and correct personal data in usable formats, in a manner that is appropriate to the sensitivity of the data and the risk of adverse consequences to consumers if the data is inaccurate (Klosek, 2012). † This describes the consumer’s rights to ensure t hat the data being collected is accurate. If they information is incorrect, then they will have the right to correct anything in error. In order for the consumer to ensure accurate information, they will also be granted access to the data being collected. â€Å"Focused Collection: Consumers have a right to reasonable limits on the personal data that companies collect and retain (Klosek, 2012). † Companies cannot collect data from any devices, unless it is relevant to the need or purpose of the original use. Any information collected will be used for a specific goal that is to be accomplished relevant to the need for it to be collected. Accountability: Consumers have a right to have personal data handled by companies with appropriate measures in place to assure that adhere to the Consumer Privacy Bill of Rights (Klosek, 2012). † Data retained will be handled appropriately. This means that employees will be properly trained on how to ensure information collected is secure and relevant. These seven guidelines are intended to act as a plan to improve consumers’ privacy protections. In addition, it act s as a tool to ensure that information being used from the internet is used to promote economic growth. It will also allow consumers to have increased involvement of their personal information and â€Å"help businesses maintain consumer trust and grow in the rapidly changing digital environment† (Obama, 2012). In the past, the internet has not been secure enough to protect consumer’s personal information. With added protected, consumers can feel more confident to use the internet which will enhance the opportunities for job creation and business growth. The seven guidelines more specifically provide a foundation to protect consumers and grant a greater self-certainty for businesses. American Consumers can’t wait any longer for clear rules of the road that ensure their personal information is safe online† (President Obama, 2012). In order for a consumer to feel secure, they need to have confidence that their information being used is accurate and used for relevant purposes related to the companies purpose and mission. Daniel Weitzner, who is a former White Hou se deputy chief technology officer for internet policy, is now an advisor to the Coalition for Privacy and Free Trade. He states, â€Å"I believe really strongly that the privacy tends to make progress when there are broad coalitions† (Weitzner, 2013). The Coalition for Privacy and Free Trade welcomes companies that collect, use and transfer personal data (Liebelson, 2013). Prior to the CPBR, companies have been accused of using information for unjust purposes. Apple has been caught storing users’ address books. Google was found tracking the search engines on users’ iphones. Overall, online privacy has been an issue since the internet was created. With the CPBR, consumers can feel for confident in their internet use. Because of these alligations over internet companies, the Federal Trade Commision as prompted companies like Google, Yahoo, Microsoft, and AOL to commit to using the Do Not Track technology top prevent user browsing behavior from being tracked (Dharapak, 2012). Leadership is the key to being a successful manager. Peter Northouse (2001) defines leadership as a process whereby one individual influences a group of individuals to achieve a common goal. If you want to become an effective leader, a manager must guide employees in a positive manner in order to accomplish a goal as it relates to the company’s mission. There are two types of leaders. There is the transformation leader and the transactional leader and people may argue which leadership role is best for their company. As a manger myself, I believe that the transformational manager can better take the pulse of a group, understand its unspoken currents of thought and concerns, and communicate with people in terms they can understand and embrace. The transformational leadership approach can help managers become exceptional leaders. These types of leaders must develop a skill that will make individuals want improve, change, and be led. You not only have to know their wants, but you must also be able to identify their motives as well as needs. There are four factors to transformational leadership in which are known as the four I’s. The four I’s include: Idealized Influence describes managers who are role models that can be trusted, respected, and able to make good decisions for the organization. Inspirational Motivation is a way of motivating associates to commit to the vision of the organizations, while encouraging team spirit to reach goals that increase revenue and market growth for the organization. Intellectual Stimulation describes mangers who encourage innovations and creativity through challenging the normal beliefs or views of a group. These types of managers promote critical thinking and problem solving to make the organization better. Individual considerations describe a manager who can act as a coach and advisor. This helps not only the associates but the organization as a whole as well (Hall, Johnson, Wysocki, Kepner, 2012). The strengths involved with the transformational approach is that you can effectively influence employees on all levels and identify the needs an values of personal as well. However considering no individual is perfect, there are weaknesses identified by the approach. The weaknesses are that there are many components that seem too broad, treat leadership more as a personality trait than as a learned behavior, and have the potential for abusing power. Although, the strengths of the transformational leader empower individuals to do what is best for the organization. They also have strong role modeling skills that develop high values. In addition, they are active listeners that develop spirit and cooperation, create vision, and helps the organization by helping others put forth to the organization. Transactional leadership styles are more geared towards maintaining the normal flow of operations. They do what it takes to keep the lights on. They use discipline and incentives to motivate employees to perform. They tend to exchange rewards for high performance. A Transactional leader tends to not look ahead in strategically guiding an organization to a position of market leadership; instead, these managers are solely concerned with making sure everything flows smoothly today (Ingram, 2013). Transactional leaders can provide advantages in their abilities to address small operational details very quickly. They manage the things that build a strong reputation in the market. Transformational leaders shoot for ambitious goals while trying to achieve success through vision and team-building skills. Overall, different management styles are suited for different situations. One may needs to possess the skills of both leadership roles. Many times for minimum wage employees, the transactional approach would be more effective. Shift supervisors may also benefit from the transactional approach because they will need to pay attention to the small details. However, a COE with exempt employees will benefit more from a transformational leadership style. They need to have the ability to communicate, plan strategically, and pass missions down to implement details. Marketing Channels is similar to the ways that services and products are distributed. These concepts can be applied to channels in marketing and used as promotional channels. These channels include both direct and indirect marketing. Both of these concepts are extremely vital for various reasons, mainly because companies have to focus particularly on these. Direct marketing can allow a consumer to buy a product by communicating with several advertising media without having to meet in person with a salesman. This includes mail-order selling, direct mail sales, catalog sales, telemarketing, interactive media, and televised home shopping. Examples include distribution channels because they increase the convenience on a product or services to a customer. When customers have easy access, in most cases the demand of the product increases. It is because of distribution channels, that most retailers are wholesalers in the market. Marketing channels are also essential to the marketplace. These channels make the company aware of the needs and demands. Going back to direct and indirect marketing channels, they may sell to wholesalers, who in return, sell to retailers, or sell directly to retail stores. Companies can also use dependent or independent marketing channels. An example of an independent marketing channel would be a manufacturer’s representative. They usually sell the same or similar products to several different manufacturers. These people try to push better selling brands in retail stores, but they are not dependent on sales of the brands and can sell other brands because they are still profiting (Suttle, 2013). However, dependent channels such as small manufacturers rely on wholesalers to market their products to retailers. They also strongly rely on retailors to properly execute their promotions and sales. In the United states, channel members collectively earn margins that account for 30 to 50 percent of the ultimate selling price (Kotler, 2006). There is a very high cost involved with the marketing channel process. Most business are more likely to use several different channels, whether one would think of them as a channel or not. These include but are not limited to print advertising, email campaigns, pay-per-click marketing, direct mails, and banner ads. All of these are used to promote different products and services. The main concept to gather from a marketing channel is that it is a set of interdependent organizations involved in the process of making a product or service available for the use or consumptions by the consumer or business user. Marketing channel functions are performed by intermediaries. This includes a transitional function that is a result of buying, selling, and risk taking. Then there is the logistical function which involves assorting, storing, sorting, and transporting. Last, the facilitating function is incorporated by financing, grading, and marketing information and research. An industrial distributer in involved with a variety of marketing channel performances. These include selling, stocking, and delivering a full product assortment and financing. In smaller words, they act like wholesalers. When making the decision of what marketing channel to use, differential advantages can occur when a company retains a long-term advantage positions in the market that is relative to competitors. IT is important to choose the correct channel design because it directly influences all other marketing decisions and is also the key external resource for many manufacturers. When making these choices, one must ask three questions. 1. How close a relationship should be developed witht the channel members? In question 1, the factors to be considered include: distribution intensity, targeted markets, products, company policies, middlemen, environment, and behavioral dimensions. Who is doing the buying? Where, when and how end users but? 2. How should the marketing mix be used to enhance channel member cooperation? In questions 2, the company must have a firm grasp on the marketing mix. This include the product strategy such as quality branding, pricing strategy such as wholesale/retail/consumer, promotions strategy rather it is push/pull, and a distribution strategy. 3. How should the channel members be motivated to cooperate in achieving manufacturer’s distribution objectives? In question 3, a company needs to know the motivation of the channel members. They need an idea of what portfolio concept they will use for motivating ifferent types and sizes on channel members. Berman, B. Marketing channels: John Wiley Sons Inc. , New York, 1999, ISBM-13; 978-0471362616. Delton, L. E. , Strutton, D. Marketing Channels: A Relationship management Approach. New York: Prentice Hall, 1997. Frazier, G. L. Organizing and managing channels of distribution// Journal of the Academy of Marketing Science, Vol. 27, No 2, Spring 1999, p. 226-241 Guibert, N. Network governance in marketing commitment in business-to-business channels// Journal of Marketing Intelligence Planning, 2004, Vol. 2, No 6, p. 636-651. Remaining a small business is not easy. However, remaining small can have its advantages when it comes to business. One question many entrepreneurs ask them self is whether to stay small or expand. In some cases this decision can have its advantages and disadvantages. Why keep your business small? Staying small keeps the founder in close contact with the business, enables personalized service, enables flexibility, and you can make a profit sooner. Small keeps the f ounder in close contact with the business. You have the opportunity to be more personal and interactive with the customer. You can stay more attentive to feedback and hands-on interaction. This enables you to make decisions more quickly and carefully. When you have a larger business, decision can sometimes take too long and too can leave you with damaging results. Small enable personalized service and flexibility. A majority of communication in small businesses is between the customer and the company. There is usually not a chain that a customer has to go through when they need something. If they have an area of concern or need an answer quickly, small businesses make the process much more friendly to the customer. When you are small, you are much more flexible to adapt to change. You can tweak rules and policies that better benefit customers. Small also allows for a faster profit. You can save money in overhead much easier along with salary and benefit cost while keeping expenses low. By doing this, profit adds up at a much faster rate. When your company is just ran a few or a handful of people, there are opportunities that can be offered to you that you would not typically get in a larger business. You have more customer contact which gives you the leg up when dealing with customer objections and ways to overcome the challenges. A small business can also be cheap. The internet has cut many overheads of running a business. In the past, business owners needed to buy phones, land lines, offices, office equipment etc. These days, all they need is a website and a few business cards. â€Å"People make the mistake of believing that being bigger and more complex makes them better. This can be the opposite: the more simple and small your business is the better you product or service is going to be (Westbrook, 2011). Actor Rainn Wilson, who plays Dwight on the popular sitcom The Office. Wilson is the co-founder for soulpancake. co, which is a social networking site for people who are interested in debating life’s big questions. They ask questions and then have discussion with others on the site. This creates a platform for interaction rather that a traditional content site. It also allows users to define the content and enables soulpancake to be more malleable as a business (Elliott, 2013). Rainn enjoys keeping his business small and is not concerned with expanding the business. By keeping this website distant from networks such as twitter and facebook, he feels that the users can feel freer to express their philosophical thoughts with each other. Vector Resources, Inc. is a woman-owned small business that provides a variety os technical support services to the government as well as the private sector clients. Their small business success has been geared around their commitment to customer satisfaction. They work in partnership with their customers to understand their needs and priorities and provide responsive, value-added support (Weisband, 2002). Vector has remained a successful small business because they keep the company in close contact with the business, they enable personalized services, enable flexibility, and they make their profits sooner. Instead of being afraid, Vector embraces the fact that they are a small business. They are not ashamed and do not try to go large. They grow off the idea that a business will only be small once so take advantage and appreciate it while it lasts. Owning a small business also has its advantages when it comes to fraud controls. In 2012 only 56% of small business experience external audits, whereas larger business had 91% audited. Small business received fraud training at 18. 5% compared to nearly 60% at larger organizations. â€Å"The percentage of small organizations that have formal controls in place is just so dwarfed by the large organizations,† Andi McNeal, CPA said. He also goes on to say â€Å"We noticed a real opportunity for small organizations to invest in simple measure, even a code of conduct, which frankly shouldn’t cost more than a handful of hours of employee’s time. † With this being said, training for employees is reduced as well as the risk that larger businesses have to maneuver past. How to cite Paycom Marketing Plan, Papers

Commercial Law Assignment for Contract Laws

Question: Hamid is a refugee from Afghanistan who was recently released from the detentioncentre in PNG and is currently living in Adelaide. While walking in Rundle Mall oneday he was approached by Kathy who was selling internet access contracts for anewly formed internet company Speed Connect Pty Ltd. Hamid speaks very littleEnglish and Kathy is aware of this. Kathy explains the terms of the contract which isessentially that Hamid would be bound to a 2 year contract and if he breaks thecontract anytime before the 2 years he will incur a $1,200 penalty. The contractcomes with a free Samsung tablet. Kathy uses some technical language to explain theterms to Hamid, aware that he doesnt understand the full extend of the contract terms.There is a telephone translation service available but Kathy choses not to use this asthis translation service usually takes twice as long. Kathy works on a commissionbasis. The more contracts she sells the more she earns. She wants to sign up thiscontract quickly as she is keen to sign up three more contract before close of business. Hamid has been thinking of getting internet connection as he wishes to Skype hisfamily back home in Afghanistan and also to do a free on-line English course. He isunder the impression that he can terminate this contract anytime he wants without anypenalty and all he has to do is give Speed Connect one months notice and return thetablet. Three months into the contract Hamid finds that he is unable to cope with thefinancial demands of this contract as there are many hidden costs which he wasunaware. When he contacted Speed Connect to give his termination notice he wasshocked to learn that there is a $1500 penalty.Advise Hamid if this contract with Speed Connect is valid? Can he get out of thiscontract? Use the IRAC (Issue, Rule, Application Conclusion) method to answer yourquestion. Answer: Issue In the particular context, we notice that the central plot is based around Hamid, an immigrant from Afghanistan who was under suspicion put behind the bars for a considerable period of time in the PNG Detention Centre. At present, Hamid is approached by Kathy, a sales agent with the newly formed internet services company called Speed Connect Pty Ltd. Hamid does not understand English properly, and taking advantage of the situation, Kathy engaged in transferring of communication of information about the product and its terms and conditions to Hamid in English despite having the option of using the telephone translation services. The actual contract with Speed Connect came with a lot of hidden costs, and along with a 2 year contract which came with a violation penalty of $1,200. The violation penalty would arise if a customer would leave the services before the completion of 2 years, and along with the internet services came along a free Samsung Tablet. Kathy, despite the knowledge that Hamid would not understand the technicalities of the contract and its terms, spoke in technical languages with Hamid about the contract, therefore not being able to deliver the terms and conditions of the contract to Hamid correctly (purposefully). Also, Kathy states that the telephone translation services would consumer double the time, and hence she chose not to use it. Moreover, the fact worth noting was that Kathy works on a contractual basis and hence wanted to close the deal as soon as possible as she had to sell more three packages, before putting a full stop to the business. It must be noted that the issue herein is that Hamid is under the impression that the contract he is about to enter into can be terminated anytime with a 1-month-notice to the Speed Connect Pty Ltd, wherein all he has to do is return the tablet to the company. There is no knowledge about the inclusion of the $1,200 penalty which comes along with the termination of the contract before 2 years. Within three months, Hamid finds it difficult to cope up with the other hidden costs included in the service cost per month, and is communicated to charge a penalty of $1,500 when he goes to stop the service to the company. Rule The primary rule to structure a contract is the presence of offer and acceptance, by two or more parties to the contract. This is the first prerequisite to validate any contract as per the Australian Contract Law (Clarke 2012). The decision of the standard form consumer contract is governed by the three-limbed test for unfairness governed under Sch 2, s24(1) of the Competition and Consumer Act 2010 (Cth) and s. 12BG of the ASIC Act (Commonwealth of Australia 2010). 1. A massive imbalance is created in the obligatory rights of any party to contract 2. One or more of the conditions is not mandatory enough to be constituted as a condition, in favour of the legitimate interests of any party to the contract. 3. It would be resultant in a financial loss to one of the parties, in case such a condition is applied. The rule which would be relevant herein would be in the context of pre-contractual misrepresentations which may provide contractual remedies to the consumer through the Competition and Consumer Act 2010 (Cth), which was previously known as the Trade Practices Act 1974 (Cth). The Australian Contract Law is the guiding law suit which would be relevant herein, and the relevant sections are sections 23 and 24. Section 23 defines the unfair terms of consumer contracts whereas section 24 deals with the meaning of unfair in the context of section 23 (Clarke 2013). The provisions of a consumer contract being unfair also state that if certain information is not passed on to the consumer, in a manner which is clear to the consumer, whether be it financially rewarding or detrimental, it results in an imbalance in the information provided. The ACL clearly prohibits transactions or dealings which are unconscionable, and these are transactions which are clearly unfair and unreasonable. Any term which penalises one of the parties to the contract, and remains to be biased toward the other party in case of a termination of contract is said to be unfair in nature. The penalty so imposed must not be in the arbitrary interest of just one party. Also, any variation in the contract by one party only renders it to be an unfair contract. Application Now, if there needs to be the applicability of the Australian Contract Laws guidelines as mentioned in the Competition and Consumer Act 2010 (Cth) on the given case of Hamid, we would have to analyse whether it was a case of unfair grounds or not. Herein, it is clearly mentioned that the unclear communication of information makes the contract unfair, as per s. 25(1)(c) of the Competition and Consumer Act 2010 (Cth). Kathy did not take the heed to make sure that she would make Hamid understand the intricate details of the contract, rather than that she took advantage of the situation that Hamid, having lack of knowledge about understanding English, sold him the product with the misrepresentation of terms and conditions. Moving on to the application of the given guidelines in the Competition and Consumer Act 2010 (Cth), the provisions ensure that Hamid can move the Australian courts of law, and file a case against the Speed Connect Pty Ltd, for the unfair grounds in which the terms conditions were expressed to Hamid by Kathy. The governance of Sch 2, Part 5-2, s. 250 of the Competition and Consumer Act 2010 (Cth) and s. 12GBA of the ASIC Act provide Hamid with the option to file a case against Speed Connect in the Australian courts of law. The case stands strong in favour of Kathy considering that the telephone translation services from Kathys instruments were not put to use to ensure that the communication of information was made on honest grounds, because it would require double the time to make the deal with Hamid otherwise. Also, it must be noted that the deal would not have materialized had the translation services been used considering the heavy penalty charges of $1,200 if the contract is ter minated within 2 years. Thus, overall, the contract remains strongly in the favour of Hamid, since the unfair grounds of misrepresentation of product/service information was put to use by Kathy to convince Hamid to buy the internet services from Speed Connect Pty Ltd. Moreover, the variation of the penalty from $1,200 to $1,500 by Speed Connect also makes it an unfair act. Hamid has the options of nullifying the entire contract since the grounds on which the contract was formed by Kathy are unfair and unconscionable. Therefore, on the presence of the right form of witnessed and proofs, Hamid stands strong to terminate the contract with Speed Connect without having to pay any amount of penalty. Conclusion I would like to conclude the assignment by restating the above mentioned acts, statuses and presenting key facts from the case of Hamid vs. Speed Connect. First of all, one could question the valid contract forming between Kathy, representing Speed Connect Pty Ltd. and Hamid, a refugee from Afghanistan who barely understands English. The medium of interaction is unreliable and thus, the contract is in the first glance based on ill grounds. It has clearly been mentioned, as well as one could notice the absence of the application of telephone translation services which were at the disposal of Kathy while making the new contract between Hamid and Speed Connect, against the purchased internet services by Hamid to brush up his English speaking capabilities, as one of the reasons. Therefore the provisions of the Australian Consumer Laws through the Consumer and Competition Act 2010 (Cth) and the ASIC (Australian Securities and Investment Commission) are present to assist Hamid in reversing the contract, since it was made out of ill reasons and does not stipulate to be based on moral grounds. Thus, Hamid does not have to pay any penalty. References Attorney-Generals Department (2015). Contract Law and Consumer Law. [Online], available at Attorney-General Australia Website: https://www.ag.gov.au/Consultations/Documents/ReviewofAustraliancontractlaw/Contractlawandconsumerlaw.pdf (Accessed January 17, 2015) Attorney-Generals Department (2015). Contract Law and Small Business. [Online], available at Attorney-General Australia Website: https://www.ag.gov.au/Consultations/Documents/ReviewofAustraliancontractlaw/Contractlawandsmallbusiness.pdf (Accessed January 17, 2015) Clarke, J (2013). Carlill vs. Carbolic Smoke Ball Co. 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[Online], available from Consumer Law Website: https://www.consumerlaw.gov.au/content/the_acl/downloads/unfair_contract_terms_guide.PDF (Accessed January 17, 2015) Flitzroy Legal Services. (2013). Elements of a contract. [Online], available from The Law Handbook Website: https://www.lawhandbook.org.au/handbook/ch12s01s02.php (Accessed January 17, 2015) Monash University (2015). Commercial Law. [Online], available from Monash University Website: https://guides.lib.monash.edu/contract-law (Accessed January 17, 2015).