Courts use the term "unconscionable" to describe conduct that is either unjust or one-sided to benefit one party more than the other. In contract law, an unconscionable contract is one that no reasonable person would enter into without some very compelling reason. Those who do end up entering into unconscionable contracts tend to be poorly educated, living in poverty, or have been unable to find a fairer agreement elsewhere. Bhanu Prakash Singh Markam"Unconscionable Contract" Published in International Journal of Trend in Scientific Research and Development (ijtsrd), ISSN: 2456-6470, Volume-2 | Issue-5 , August 2018, URL: http://www.ijtsrd.com/papers/ijtsrd17083.pdf http://www.ijtsrd.com/humanities-and-the-arts/other/17083/unconscionable-contract/bhanu-prakash-singh-markam
Powerpoint from textbook Business Law - the ethical, global, and e-commerce environment to accompany BA 330 course at the University of Alaska Fairbanks.
Vitiating Elements in Formation of Contract: Duress and Undue InfluencePreeti Sikder
Learning Objective:
After completing this lesson students:
- will be aware about the effects of duress and undue influence in formation of a contract
- consequences of breach of contract
This PowerPoint presentation (PPT) offers a comprehensive exploration of the vital legal concept of "Free Consent." Delve into the core principles and significance of free consent in various legal agreements, contracts, and transactions. Learn about the essential elements, factors affecting consent, and real-life case studies. This informative PPT provides a clear and engaging insight into the pivotal role free consent plays in ensuring fair and just legal relationships.
Powerpoint from textbook Business Law - the ethical, global, and e-commerce environment to accompany BA 330 course at the University of Alaska Fairbanks.
Vitiating Elements in Formation of Contract: Duress and Undue InfluencePreeti Sikder
Learning Objective:
After completing this lesson students:
- will be aware about the effects of duress and undue influence in formation of a contract
- consequences of breach of contract
This PowerPoint presentation (PPT) offers a comprehensive exploration of the vital legal concept of "Free Consent." Delve into the core principles and significance of free consent in various legal agreements, contracts, and transactions. Learn about the essential elements, factors affecting consent, and real-life case studies. This informative PPT provides a clear and engaging insight into the pivotal role free consent plays in ensuring fair and just legal relationships.
Legality and CapacityThis week we will finish up the course by c.docxsmile790243
Legality and Capacity
This week we will finish up the course by continuing our discussion on contracts. The week’s discussion will start with an analysis of the last two elements of a valid contract we have not discussed: capacity and legality.
There is a general presumption that parties to a contract have contractual capacity. However, there are situations where this presumption is overcome.
The first of these situations concerns minors. Ordinarily, individuals may consent and be held to a contract once they turn eighteen. Before they are 18, the minor is free to enter into contracts. However, the contract is voidable at the minor’s discretion. To void the contract, the minor only needs to manifest an intent not to be bound. This ability to disaffirm the contract can be done as long as the minor is under 18 and for a reasonable time after turning 18. However, this does not mean the minor has absolute carte blanche. The minor does have to return goods still under his or her control if the contract is disaffirmed. Additionally, some states require the minor to pay restitution (or restore the other party to the same condition that party was in before the contract was made).
The ability to disaffirm the contract is not vitiated even if the minor lies about his or her age in some states. Other states will hold the minor to the contract if there is a misrepresentation of age. Finally, the ability to disaffirm the contract is lost in certain cases. That is the minor will be liable for contracts for necessaries (food, water, and other items necessary for survival). This is to encourage others to contract with the minor when it may be a matter of life or death. Additionally, minors may ratify (or accept) liability upon reaching their majority. One last note on the contractual liability of minors, parents are not liable for the minor’s contract.
The second issue to consider relates to intoxicated persons. Contracts entered into by the inebriated will either be voidable or valid. To be voidable, the person must be so intoxicated as to lack mental capacity, which is defined as unable to comprehend the consequences of entering a contract.
The final issue of capacity relates to mentally incompetent persons. When a court adjudges a person to be incompetent and appoints a guardian, any contract made by the incompetent is void. If the person has not been adjudged incompetent, any contract entered into by them is voidable when the individual doesn’t know he or she is entering a contract or the individual lacks the capacity to comprehend its subject matter, nature and consequences. If an ordinarily incompetent person understands the contract or has a lucid period, contracts entered into by that person will be enforced.
A contract must be legal in order to be enforceable. Part of this requirement is that contracts contrary to statue are not enforceable. This will include usurious contracts, gambling contracts, and contracts in violatio ...
‘Six Sigma Technique’ A Journey Through its Implementationijtsrd
The manufacturing industries all over the world are facing tough challenges for growth, development and sustainability in today’s competitive environment. They have to achieve apex position by adapting with the global competitive environment by delivering goods and services at low cost, prime quality and better price to increase wealth and consumer satisfaction. Cost Management ensures profit, growth and sustainability of the business with implementation of Continuous Improvement Technique like Six Sigma. This leads to optimize Business performance. The method drives for customer satisfaction, low variation, reduction in waste and cycle time resulting into a competitive advantage over other industries which did not implement it. The main objective of this paper ‘Six Sigma Technique A Journey Through Its Implementation’ is to conceptualize the effectiveness of Six Sigma Technique through the journey of its implementation. Aditi Sunilkumar Ghosalkar "‘Six Sigma Technique’: A Journey Through its Implementation" Published in International Journal of Trend in Scientific Research and Development (ijtsrd), ISSN: 2456-6470, Volume-8 | Issue-1 , February 2024, URL: https://www.ijtsrd.com/papers/ijtsrd64546.pdf Paper Url: https://www.ijtsrd.com/other-scientific-research-area/other/64546/‘six-sigma-technique’-a-journey-through-its-implementation/aditi-sunilkumar-ghosalkar
Edge Computing in Space Enhancing Data Processing and Communication for Space...ijtsrd
Edge computing, a paradigm that involves processing data closer to its source, has gained significant attention for its potential to revolutionize data processing and communication in space missions. With the increasing complexity and data volume generated by modern space missions, traditional centralized computing approaches face challenges related to latency, bandwidth, and security. Edge computing in space, involving on board processing and analysis of data, offers promising solutions to these challenges. This paper explores the concept of edge computing in space, its benefits, applications, and future prospects in enhancing space missions. Manish Verma "Edge Computing in Space: Enhancing Data Processing and Communication for Space Missions" Published in International Journal of Trend in Scientific Research and Development (ijtsrd), ISSN: 2456-6470, Volume-8 | Issue-1 , February 2024, URL: https://www.ijtsrd.com/papers/ijtsrd64541.pdf Paper Url: https://www.ijtsrd.com/computer-science/artificial-intelligence/64541/edge-computing-in-space-enhancing-data-processing-and-communication-for-space-missions/manish-verma
Dynamics of Communal Politics in 21st Century India Challenges and Prospectsijtsrd
Communal politics in India has evolved through centuries, weaving a complex tapestry shaped by historical legacies, colonial influences, and contemporary socio political transformations. This research comprehensively examines the dynamics of communal politics in 21st century India, emphasizing its historical roots, socio political dynamics, economic implications, challenges, and prospects for mitigation. The historical perspective unravels the intricate interplay of religious identities and power dynamics from ancient civilizations to the impact of colonial rule, providing insights into the evolution of communalism. The socio political dynamics section delves into the contemporary manifestations, exploring the roles of identity politics, socio economic disparities, and globalization. The economic implications section highlights how communal politics intersects with economic issues, perpetuating disparities and influencing resource allocation. Challenges posed by communal politics are scrutinized, revealing multifaceted issues ranging from social fragmentation to threats against democratic values. The prospects for mitigation present a multifaceted approach, incorporating policy interventions, community engagement, and educational initiatives. The paper conducts a comparative analysis with international examples, identifying common patterns such as identity politics and economic disparities. It also examines unique challenges, emphasizing Indias diverse religious landscape, historical legacy, and secular framework. Lessons for effective strategies are drawn from international experiences, offering insights into inclusive policies, interfaith dialogue, media regulation, and global cooperation. By scrutinizing historical epochs, contemporary dynamics, economic implications, and international comparisons, this research provides a comprehensive understanding of communal politics in India. The proposed strategies for mitigation underscore the importance of a holistic approach to foster social harmony, inclusivity, and democratic values. Rose Hossain "Dynamics of Communal Politics in 21st Century India: Challenges and Prospects" Published in International Journal of Trend in Scientific Research and Development (ijtsrd), ISSN: 2456-6470, Volume-8 | Issue-1 , February 2024, URL: https://www.ijtsrd.com/papers/ijtsrd64528.pdf Paper Url: https://www.ijtsrd.com/humanities-and-the-arts/history/64528/dynamics-of-communal-politics-in-21st-century-india-challenges-and-prospects/rose-hossain
Assess Perspective and Knowledge of Healthcare Providers Towards Elehealth in...ijtsrd
Background and Objective Telehealth has become a well known tool for the delivery of health care in Saudi Arabia, and the perspective and knowledge of healthcare providers are influential in the implementation, adoption and advancement of the method. This systematic review was conducted to examine the current literature base regarding telehealth and the related healthcare professional perspective and knowledge in the Kingdom of Saudi Arabia. Materials and Methods This systematic review was conducted by searching 7 databases including, MEDLINE, CINHAL, Web of Science, Scopus, PubMed, PsycINFO, and ProQuest Central. Studies on healthcare practitioners telehealth knowledge and perspectives published in English in Saudi Arabia from 2000 to 2023 were included. Boland directed this comprehensive review. The researchers examined each connected study using the AXIS tool, which evaluates cross sectional systematic reviews. Narrative synthesis was used to summarise and convey the data. Results Out of 1840 search results, 10 studies were included. Positive outlook and limited knowledge among providers were seen across trials. Healthcare professionals like telehealth for its ability to improve quality, access, and delivery, save time and money, and be successful. Age, gender, occupation, and work experience also affect health workers knowledge. In Saudi Arabia, healthcare professionals face inadequate expert assistance, patient privacy, internet connection concerns, lack of training courses, lack of telehealth understanding, and high costs while performing telemedicine. Conclusions Healthcare practitioners telehealth perceptions and knowledge were examined in this systematic study. Its collection of concerned experts different personal attitudes and expertise would help enhance telehealths implementation in Saudi Arabia, develop its healthcare delivery alternative, and eliminate frequent problems. Badriah Mousa I Mulayhi | Dr. Jomin George | Judy Jenkins "Assess Perspective and Knowledge of Healthcare Providers Towards Elehealth in Saudi Arabia: A Systematic Review" Published in International Journal of Trend in Scientific Research and Development (ijtsrd), ISSN: 2456-6470, Volume-8 | Issue-1 , February 2024, URL: https://www.ijtsrd.com/papers/ijtsrd64535.pdf Paper Url: https://www.ijtsrd.com/medicine/other/64535/assess-perspective-and-knowledge-of-healthcare-providers-towards-elehealth-in-saudi-arabia-a-systematic-review/badriah-mousa-i-mulayhi
The Impact of Digital Media on the Decentralization of Power and the Erosion ...ijtsrd
The impact of digital media on the distribution of power and the weakening of traditional gatekeepers has gained considerable attention in recent years. The adoption of digital technologies and the internet has resulted in declining influence and power for traditional gatekeepers such as publishing houses and news organizations. Simultaneously, digital media has facilitated the emergence of new voices and players in the media industry. Digital medias impact on power decentralization and gatekeeper erosion is visible in several ways. One significant aspect is the democratization of information, which enables anyone with an internet connection to publish and share content globally, leading to citizen journalism and bypassing traditional gatekeepers. Another aspect is the disruption of conventional media industry business models, as traditional organizations struggle to adjust to the decrease in advertising revenue and the rise of digital platforms. Alternative business models, such as subscription models and crowdfunding, have become more prevalent, leading to the emergence of new players. Overall, the impact of digital media on the distribution of power and the weakening of traditional gatekeepers has brought about significant changes in the media landscape and the way information is shared. Further research is required to fully comprehend the implications of these changes and their impact on society. Dr. Kusum Lata "The Impact of Digital Media on the Decentralization of Power and the Erosion of Traditional Gatekeepers" Published in International Journal of Trend in Scientific Research and Development (ijtsrd), ISSN: 2456-6470, Volume-8 | Issue-1 , February 2024, URL: https://www.ijtsrd.com/papers/ijtsrd64544.pdf Paper Url: https://www.ijtsrd.com/humanities-and-the-arts/political-science/64544/the-impact-of-digital-media-on-the-decentralization-of-power-and-the-erosion-of-traditional-gatekeepers/dr-kusum-lata
Online Voices, Offline Impact Ambedkars Ideals and Socio Political Inclusion ...ijtsrd
This research investigates the nexus between online discussions on Dr. B.R. Ambedkars ideals and their impact on social inclusion among college students in Gurugram, Haryana. Surveying 240 students from 12 government colleges, findings indicate that 65 actively engage in online discussions, with 80 demonstrating moderate to high awareness of Ambedkars ideals. Statistically significant correlations reveal that higher online engagement correlates with increased awareness p 0.05 and perceived social inclusion. Variations across colleges and a notable effect of college type on perceived social inclusion highlight the influence of contextual factors. Furthermore, the intersectional analysis underscores nuanced differences based on gender, caste, and socio economic status. Dr. Kusum Lata "Online Voices, Offline Impact: Ambedkar's Ideals and Socio-Political Inclusion - A Study of Gurugram District" Published in International Journal of Trend in Scientific Research and Development (ijtsrd), ISSN: 2456-6470, Volume-8 | Issue-1 , February 2024, URL: https://www.ijtsrd.com/papers/ijtsrd64543.pdf Paper Url: https://www.ijtsrd.com/humanities-and-the-arts/political-science/64543/online-voices-offline-impact-ambedkars-ideals-and-sociopolitical-inclusion--a-study-of-gurugram-district/dr-kusum-lata
Problems and Challenges of Agro Entreprenurship A Studyijtsrd
Noting calls for contextualizing Agro entrepreneurs problems and challenges of the agro entrepreneurs and for greater attention to the Role of entrepreneurs in agro entrepreneurship research, we conduct a systematic literature review of extent research in agriculture entrepreneurship to overcome the study objectives of complications of agro entrepreneurs through various factors, Development of agriculture products is a key factor for the overall economic growth of agro entrepreneurs Agro Entrepreneurs produces firsthand large scale employment, utilizes the labor and natural resources, This research outlines the problems of Weather and Soil Erosions, Market price fluctuation, stimulates labor cost problems, reduces concentration of Price volatility, Dependency on Intermediaries, induces Limited Bargaining Power, and Storage and Transportation Costs. This paper mainly devoted to highlight Problems and challenges faced for the sustainable of Agro Entrepreneurs in India. Vinay Prasad B "Problems and Challenges of Agro Entreprenurship - A Study" Published in International Journal of Trend in Scientific Research and Development (ijtsrd), ISSN: 2456-6470, Volume-8 | Issue-1 , February 2024, URL: https://www.ijtsrd.com/papers/ijtsrd64540.pdf Paper Url: https://www.ijtsrd.com/other-scientific-research-area/other/64540/problems-and-challenges-of-agro-entreprenurship--a-study/vinay-prasad-b
Comparative Analysis of Total Corporate Disclosure of Selected IT Companies o...ijtsrd
Disclosure is a process through which a business enterprise communicates with external parties. A corporate disclosure is communication of financial and non financial information of the activities of a business enterprise to the interested entities. Corporate disclosure is done through publishing annual reports. So corporate disclosure through annual reports plays a vital role in the life of all the companies and provides valuable information to investors. The basic objectives of corporate disclosure is to give a true and fair view of companies to the parties related either directly or indirectly like owner, government, creditors, shareholders etc. in the companies act, provisions have been made about mandatory and voluntary disclosure. The IT sector in India is rapidly growing, the trend to invest in the IT sector is rising and employment opportunities in IT sectors are also increasing. Therefore the IT sector is expected to have fair, full and adequate disclosure of all information. Unfair and incomplete disclosure may adversely affect the entire economy. A research study on disclosure practices of IT companies could play an important role in this regard. Hence, the present research study has been done to study and review comparative analysis of total corporate disclosure of selected IT companies of India and to put forward overall findings and suggestions with a view to increase disclosure score of these companies. The researcher hopes that the present research study will be helpful to all selected Companies for improving level of corporate disclosure through annual reports as well as the government, creditors, investors, all business organizations and upcoming researcher for comparative analyses of level of corporate disclosure with special reference to selected IT companies. Dr. Vaibhavi D. Thaker "Comparative Analysis of Total Corporate Disclosure of Selected IT Companies of India" Published in International Journal of Trend in Scientific Research and Development (ijtsrd), ISSN: 2456-6470, Volume-8 | Issue-1 , February 2024, URL: https://www.ijtsrd.com/papers/ijtsrd64539.pdf Paper Url: https://www.ijtsrd.com/other-scientific-research-area/other/64539/comparative-analysis-of-total-corporate-disclosure-of-selected-it-companies-of-india/dr-vaibhavi-d-thaker
The Impact of Educational Background and Professional Training on Human Right...ijtsrd
This study investigated the impact of educational background and professional training on human rights awareness among secondary school teachers in the Marathwada region of Maharashtra, India. The key findings reveal that higher levels of education, particularly a master’s degree, and fields of study related to education, humanities, or social sciences are associated with greater human rights awareness among teachers. Additionally, both pre service teacher training and in service professional development programs focused on human rights education significantly enhance teacher’s knowledge, skills, and competencies in promoting human rights principles in their classrooms. Baig Ameer Bee Mirza Abdul Aziz | Dr. Syed Azaz Ali Amjad Ali "The Impact of Educational Background and Professional Training on Human Rights Awareness among Secondary School Teachers" Published in International Journal of Trend in Scientific Research and Development (ijtsrd), ISSN: 2456-6470, Volume-8 | Issue-1 , February 2024, URL: https://www.ijtsrd.com/papers/ijtsrd64529.pdf Paper Url: https://www.ijtsrd.com/humanities-and-the-arts/education/64529/the-impact-of-educational-background-and-professional-training-on-human-rights-awareness-among-secondary-school-teachers/baig-ameer-bee-mirza-abdul-aziz
A Study on the Effective Teaching Learning Process in English Curriculum at t...ijtsrd
“One Language sets you in a corridor for life. Two languages open every door along the way” Frank Smith English as a foreign language or as a second language has been ruling in India since the period of Lord Macaulay. But the question is how much we teach or learn English properly in our culture. Is there any scope to use English as a language rather than a subject How much we learn or teach English without any interference of mother language specially in the classroom teaching learning scenario in West Bengal By considering all these issues the researcher has attempted in this article to focus on the effective teaching learning process comparing to other traditional strategies in the field of English curriculum at the secondary level to investigate whether they fulfill the present teaching learning requirements or not by examining the validity of the present curriculum of English. The purpose of this study is to focus on the effectiveness of the systematic, scientific, sequential and logical transaction of the course between the teachers and the learners in the perspective of the 5Es programme that is engage, explore, explain, extend and evaluate. Sanchali Mondal | Santinath Sarkar "A Study on the Effective Teaching Learning Process in English Curriculum at the Secondary Level of West Bengal" Published in International Journal of Trend in Scientific Research and Development (ijtsrd), ISSN: 2456-6470, Volume-8 | Issue-1 , February 2024, URL: https://www.ijtsrd.com/papers/ijtsrd62412.pdf Paper Url: https://www.ijtsrd.com/humanities-and-the-arts/education/62412/a-study-on-the-effective-teaching-learning-process-in-english-curriculum-at-the-secondary-level-of-west-bengal/sanchali-mondal
The Role of Mentoring and Its Influence on the Effectiveness of the Teaching ...ijtsrd
This paper reports on a study which was conducted to investigate the role of mentoring and its influence on the effectiveness of the teaching of Physics in secondary schools in the South West Region of Cameroon. The study adopted the convergent parallel mixed methods design, focusing on respondents in secondary schools in the South West Region of Cameroon. Both quantitative and qualitative data were collected, analysed separately, and the results were compared to see if the findings confirm or disconfirm each other. The quantitative analysis found that majority of the respondents 72 of Physics teachers affirmed that they had more experienced colleagues as mentors to help build their confidence, improve their teaching, and help them improve their effectiveness and efficiency in guiding learners’ achievements. Only 28 of the respondents disagreed with these statements. With majority respondents 72 agreeing with the statements, it implies that in most secondary schools, experienced Physics teachers act as mentors to build teachers’ confidence in teaching and improving students’ learning. The interview qualitative data analysis summarized how secondary school Principals use meetings with mentors and mentees to promote mentorship in the school milieu. This has helped strengthen teachers’ classroom practices in secondary schools in the South West Region of Cameroon. With the results confirming each other, the study recommends that mentoring should focus on helping teachers employ social interactions and instructional practices feedback and clarity in teaching that have direct measurable impact on students’ learning achievements. Andrew Ngeim Sumba | Frederick Ebot Ashu | Peter Agborbechem Tambi "The Role of Mentoring and Its Influence on the Effectiveness of the Teaching of Physics in Secondary Schools in the South West Region of Cameroon" Published in International Journal of Trend in Scientific Research and Development (ijtsrd), ISSN: 2456-6470, Volume-8 | Issue-1 , February 2024, URL: https://www.ijtsrd.com/papers/ijtsrd64524.pdf Paper Url: https://www.ijtsrd.com/management/management-development/64524/the-role-of-mentoring-and-its-influence-on-the-effectiveness-of-the-teaching-of-physics-in-secondary-schools-in-the-south-west-region-of-cameroon/andrew-ngeim-sumba
Design Simulation and Hardware Construction of an Arduino Microcontroller Bas...ijtsrd
This study primarily focuses on the design of a high side buck converter using an Arduino microcontroller. The converter is specifically intended for use in DC DC applications, particularly in standalone solar PV systems where the PV output voltage exceeds the load or battery voltage. To evaluate the performance of the converter, simulation experiments are conducted using Proteus Software. These simulations provide insights into the input and output voltages, currents, powers, and efficiency under different state of charge SoC conditions of a 12V,70Ah rechargeable lead acid battery. Additionally, the hardware design of the converter is implemented, and practical data is collected through operation, monitoring, and recording. By comparing the simulation results with the practical results, the efficiency and performance of the designed converter are assessed. The findings indicate that while the buck converter is suitable for practical use in standalone PV systems, its efficiency is compromised due to a lower output current. Chan Myae Aung | Dr. Ei Mon "Design Simulation and Hardware Construction of an Arduino-Microcontroller Based DC-DC High-Side Buck Converter for Standalone PV System" Published in International Journal of Trend in Scientific Research and Development (ijtsrd), ISSN: 2456-6470, Volume-8 | Issue-1 , February 2024, URL: https://www.ijtsrd.com/papers/ijtsrd64518.pdf Paper Url: https://www.ijtsrd.com/engineering/mechanical-engineering/64518/design-simulation-and-hardware-construction-of-an-arduinomicrocontroller-based-dcdc-highside-buck-converter-for-standalone-pv-system/chan-myae-aung
Sustainable Energy by Paul A. Adekunte | Matthew N. O. Sadiku | Janet O. Sadikuijtsrd
Energy becomes sustainable if it meets the needs of the present without compromising the ability of future generations to meet their own needs. Some of the definitions of sustainable energy include the considerations of environmental aspects such as greenhouse gas emissions, social, and economic aspects such as energy poverty. Generally far more sustainable than fossil fuel are renewable energy sources such as wind, hydroelectric power, solar, and geothermal energy sources. Worthy of note is that some renewable energy projects, like the clearing of forests to produce biofuels, can cause severe environmental damage. The sustainability of nuclear power which is a low carbon source is highly debated because of concerns about radioactive waste, nuclear proliferation, and accidents. The switching from coal to natural gas has environmental benefits, including a lower climate impact, but could lead to delay in switching to more sustainable options. “Carbon capture and storage” can be built into power plants to remove the carbon dioxide CO2 emissions, but this technology is expensive and has rarely been implemented. Leading non renewable energy sources around the world is fossil fuels, coal, petroleum, and natural gas. Nuclear energy is usually considered another non renewable energy source, although nuclear energy itself is a renewable energy source, but the material used in nuclear power plants is not. The paper addresses the issue of sustainable energy, its attendant benefits to the future generation, and humanity in general. Paul A. Adekunte | Matthew N. O. Sadiku | Janet O. Sadiku "Sustainable Energy" Published in International Journal of Trend in Scientific Research and Development (ijtsrd), ISSN: 2456-6470, Volume-8 | Issue-1 , February 2024, URL: https://www.ijtsrd.com/papers/ijtsrd64534.pdf Paper Url: https://www.ijtsrd.com/engineering/electrical-engineering/64534/sustainable-energy/paul-a-adekunte
Concepts for Sudan Survey Act Implementations Executive Regulations and Stand...ijtsrd
This paper aims to outline the executive regulations, survey standards, and specifications required for the implementation of the Sudan Survey Act, and for regulating and organizing all surveying work activities in Sudan. The act has been discussed for more than 5 years. The Land Survey Act was initiated by the Sudan Survey Authority and all official legislations were headed by the Sudan Ministry of Justice till it was issued in 2022. The paper presents conceptual guidelines to be used for the Survey Act implementation and to regulate the survey work practice, standardizing the field surveys, processing, quality control, procedures, and the processes related to survey work carried out by the stakeholders and relevant authorities in Sudan. The conceptual guidelines are meant to improve the quality and harmonization of geospatial data and to aid decision making processes as well as geospatial information systems. The established comprehensive executive regulations will govern and regulate the implementation of the Sudan Survey Geomatics Act in all surveying and mapping practices undertaken by the Sudan Survey Authority SSA and state local survey departments for public or private sector organizations. The targeted standards and specifications include the reference frame, projection, coordinate systems, and the guidelines and specifications that must be followed in the field of survey work, processes, and mapping products. In the last few decades, there has been a growing awareness of the importance of geomatics activities and measurements on the Earths surface in space and time, together with observing and mapping the changes. In such cases, data must be captured promptly, standardized, and obtained with more accuracy and specified in much detail. The paper will also highlight the current situation in Sudan, the degree to which survey standards are used, the problems encountered, and the errors that arise from not using the standards and survey specifications. Kamal A. A. Sami "Concepts for Sudan Survey Act Implementations - Executive Regulations and Standards" Published in International Journal of Trend in Scientific Research and Development (ijtsrd), ISSN: 2456-6470, Volume-8 | Issue-1 , February 2024, URL: https://www.ijtsrd.com/papers/ijtsrd63484.pdf Paper Url: https://www.ijtsrd.com/engineering/civil-engineering/63484/concepts-for-sudan-survey-act-implementations--executive-regulations-and-standards/kamal-a-a-sami
Towards the Implementation of the Sudan Interpolated Geoid Model Khartoum Sta...ijtsrd
The discussions between ellipsoid and geoid have invoked many researchers during the recent decades, especially during the GNSS technology era, which had witnessed a great deal of development but still geoid undulation requires more investigations. To figure out a solution for Sudans local geoid, this research has tried to intake the possibility of determining the geoid model by following two approaches, gravimetric and geometrical geoid model determination, by making use of GNSS leveling benchmarks at Khartoum state. The Benchmarks are well distributed in the study area, in which, the horizontal coordinates and the height above the ellipsoid have been observed by GNSS while orthometric heights were carried out using precise leveling. The Global Geopotential Model GGM represented in EGM2008 has been exploited to figure out the geoid undulation at the benchmarks in the study area. This is followed by a fitting process, that has been done to suit the geoid undulation data which has been computed using GNSS leveling data and geoid undulation inspired by the EGM2008. Two geoid surfaces were created after the fitting process to ensure that they are identical and both of them could be counted for getting the same geoid undulation with an acceptable accuracy. In this respect, statistical operation played an important role in ensuring the consistency and integrity of the model by applying cross validation techniques splitting the data into training and testing datasets for building the geoid model and testing its eligibility. The geometrical solution for geoid undulation computation has been utilized by applying straightforward equations that facilitate the calculation of the geoid undulation directly through applying statistical techniques for the GNSS leveling data of the study area to get the common equation parameters values that could be utilized to calculate geoid undulation of any position in the study area within the claimed accuracy. Both systems were checked and proved eligible to be used within the study area with acceptable accuracy which may contribute to solving the geoid undulation problem in the Khartoum area, and be further generalized to determine the geoid model over the entire country, and this could be considered in the future, for regional and continental geoid model. Ahmed M. A. Mohammed. | Kamal A. A. Sami "Towards the Implementation of the Sudan Interpolated Geoid Model (Khartoum State Case Study)" Published in International Journal of Trend in Scientific Research and Development (ijtsrd), ISSN: 2456-6470, Volume-8 | Issue-1 , February 2024, URL: https://www.ijtsrd.com/papers/ijtsrd63483.pdf Paper Url: https://www.ijtsrd.com/engineering/civil-engineering/63483/towards-the-implementation-of-the-sudan-interpolated-geoid-model-khartoum-state-case-study/ahmed-m-a-mohammed
Activating Geospatial Information for Sudans Sustainable Investment Mapijtsrd
Sudan is witnessing an acceleration in the processes of development and transformation in the performance of government institutions to raise the productivity and investment efficiency of the government sector. The development plans and investment opportunities have focused on achieving national goals in various sectors. This paper aims to illuminate the path to the future and provide geospatial data and information to develop the investment climate and environment for all sized businesses, and to bridge the development gap between the Sudan states. The Sudan Survey Authority SSA is the main advisor to the Sudan Government in conducting surveying, mappings, designing, and developing systems related to geospatial data and information. In recent years, SSA made a strategic partnership with the Ministry of Investment to activate Geospatial Information for Sudans Sustainable Investment and in particular, for the preparation and implementation of the Sudan investment map, based on the directives and objectives of the Ministry of Investment MI in Sudan. This paper comes within the framework of activating the efforts of the Ministry of Investment to develop technical investment services by applying techniques adopted by the Ministry and its strategic partners for advancing investment processes in the country. Kamal A. A. Sami "Activating Geospatial Information for Sudan's Sustainable Investment Map" Published in International Journal of Trend in Scientific Research and Development (ijtsrd), ISSN: 2456-6470, Volume-8 | Issue-1 , February 2024, URL: https://www.ijtsrd.com/papers/ijtsrd63482.pdf Paper Url: https://www.ijtsrd.com/engineering/information-technology/63482/activating-geospatial-information-for-sudans-sustainable-investment-map/kamal-a-a-sami
Educational Unity Embracing Diversity for a Stronger Societyijtsrd
In a rapidly changing global landscape, the importance of education as a unifying force cannot be overstated. This paper explores the crucial role of educational unity in fostering a stronger and more inclusive society through the embrace of diversity. By examining the benefits of diverse learning environments, the paper aims to highlight the positive impact on societal strength. The discussion encompasses various dimensions, from curriculum design to classroom dynamics, and emphasizes the need for educational institutions to become catalysts for unity in diversity. It highlights the need for a paradigm shift in educational policies, curricula, and pedagogical approaches to ensure that they are reflective of the diverse fabric of society. This paper also addresses the challenges associated with implementing inclusive educational practices and offers practical strategies for overcoming barriers. It advocates for collaborative efforts between educational institutions, policymakers, and communities to create a supportive ecosystem that promotes diversity and unity. Mr. Amit Adhikari | Madhumita Teli | Gopal Adhikari "Educational Unity: Embracing Diversity for a Stronger Society" Published in International Journal of Trend in Scientific Research and Development (ijtsrd), ISSN: 2456-6470, Volume-8 | Issue-1 , February 2024, URL: https://www.ijtsrd.com/papers/ijtsrd64525.pdf Paper Url: https://www.ijtsrd.com/humanities-and-the-arts/education/64525/educational-unity-embracing-diversity-for-a-stronger-society/mr-amit-adhikari
Integration of Indian Indigenous Knowledge System in Management Prospects and...ijtsrd
The diversity of indigenous knowledge systems in India is vast and can vary significantly between different communities and regions. Preserving and respecting these knowledge systems is crucial for maintaining cultural heritage, promoting sustainable practices, and fostering cross cultural understanding. In this paper, an overview of the prospects and challenges associated with incorporating Indian indigenous knowledge into management is explored. It is found that IIKS helps in management in many areas like sustainable development, tourism, food security, natural resource management, cultural preservation and innovation, etc. However, IIKS integration with management faces some challenges in the form of a lack of documentation, cultural sensitivity, language barriers legal framework, etc. Savita Lathwal "Integration of Indian Indigenous Knowledge System in Management: Prospects and Challenges" Published in International Journal of Trend in Scientific Research and Development (ijtsrd), ISSN: 2456-6470, Volume-8 | Issue-1 , February 2024, URL: https://www.ijtsrd.com/papers/ijtsrd63500.pdf Paper Url: https://www.ijtsrd.com/management/accounting-and-finance/63500/integration-of-indian-indigenous-knowledge-system-in-management-prospects-and-challenges/savita-lathwal
DeepMask Transforming Face Mask Identification for Better Pandemic Control in...ijtsrd
The COVID 19 pandemic has highlighted the crucial need of preventive measures, with widespread use of face masks being a key method for slowing the viruss spread. This research investigates face mask identification using deep learning as a technological solution to be reducing the risk of coronavirus transmission. The proposed method uses state of the art convolutional neural networks CNNs and transfer learning to automatically recognize persons who are not wearing masks in a variety of circumstances. We discuss how this strategy improves public health and safety by providing an efficient manner of enforcing mask wearing standards. The report also discusses the obstacles, ethical concerns, and prospective applications of face mask detection systems in the ongoing fight against the pandemic. Dilip Kumar Sharma | Aaditya Yadav "DeepMask: Transforming Face Mask Identification for Better Pandemic Control in the COVID-19 Era" Published in International Journal of Trend in Scientific Research and Development (ijtsrd), ISSN: 2456-6470, Volume-8 | Issue-1 , February 2024, URL: https://www.ijtsrd.com/papers/ijtsrd64522.pdf Paper Url: https://www.ijtsrd.com/engineering/electronics-and-communication-engineering/64522/deepmask-transforming-face-mask-identification-for-better-pandemic-control-in-the-covid19-era/dilip-kumar-sharma
Streamlining Data Collection eCRF Design and Machine Learningijtsrd
Efficient and accurate data collection is paramount in clinical trials, and the design of Electronic Case Report Forms eCRFs plays a pivotal role in streamlining this process. This paper explores the integration of machine learning techniques in the design and implementation of eCRFs to enhance data collection efficiency. We delve into the synergies between eCRF design principles and machine learning algorithms, aiming to optimize data quality, reduce errors, and expedite the overall data collection process. The application of machine learning in eCRF design brings forth innovative approaches to data validation, anomaly detection, and real time adaptability. This paper discusses the benefits, challenges, and future prospects of leveraging machine learning in eCRF design for streamlined and advanced data collection in clinical trials. Dhanalakshmi D | Vijaya Lakshmi Kannareddy "Streamlining Data Collection: eCRF Design and Machine Learning" Published in International Journal of Trend in Scientific Research and Development (ijtsrd), ISSN: 2456-6470, Volume-8 | Issue-1 , February 2024, URL: https://www.ijtsrd.com/papers/ijtsrd63515.pdf Paper Url: https://www.ijtsrd.com/biological-science/biotechnology/63515/streamlining-data-collection-ecrf-design-and-machine-learning/dhanalakshmi-d
Macroeconomics- Movie Location
This will be used as part of your Personal Professional Portfolio once graded.
Objective:
Prepare a presentation or a paper using research, basic comparative analysis, data organization and application of economic information. You will make an informed assessment of an economic climate outside of the United States to accomplish an entertainment industry objective.
Introduction to AI for Nonprofits with Tapp NetworkTechSoup
Dive into the world of AI! Experts Jon Hill and Tareq Monaur will guide you through AI's role in enhancing nonprofit websites and basic marketing strategies, making it easy to understand and apply.
A Strategic Approach: GenAI in EducationPeter Windle
Artificial Intelligence (AI) technologies such as Generative AI, Image Generators and Large Language Models have had a dramatic impact on teaching, learning and assessment over the past 18 months. The most immediate threat AI posed was to Academic Integrity with Higher Education Institutes (HEIs) focusing their efforts on combating the use of GenAI in assessment. Guidelines were developed for staff and students, policies put in place too. Innovative educators have forged paths in the use of Generative AI for teaching, learning and assessments leading to pockets of transformation springing up across HEIs, often with little or no top-down guidance, support or direction.
This Gasta posits a strategic approach to integrating AI into HEIs to prepare staff, students and the curriculum for an evolving world and workplace. We will highlight the advantages of working with these technologies beyond the realm of teaching, learning and assessment by considering prompt engineering skills, industry impact, curriculum changes, and the need for staff upskilling. In contrast, not engaging strategically with Generative AI poses risks, including falling behind peers, missed opportunities and failing to ensure our graduates remain employable. The rapid evolution of AI technologies necessitates a proactive and strategic approach if we are to remain relevant.
Unit 8 - Information and Communication Technology (Paper I).pdfThiyagu K
This slides describes the basic concepts of ICT, basics of Email, Emerging Technology and Digital Initiatives in Education. This presentations aligns with the UGC Paper I syllabus.
Executive Directors Chat Leveraging AI for Diversity, Equity, and InclusionTechSoup
Let’s explore the intersection of technology and equity in the final session of our DEI series. Discover how AI tools, like ChatGPT, can be used to support and enhance your nonprofit's DEI initiatives. Participants will gain insights into practical AI applications and get tips for leveraging technology to advance their DEI goals.
Operation “Blue Star” is the only event in the history of Independent India where the state went into war with its own people. Even after about 40 years it is not clear if it was culmination of states anger over people of the region, a political game of power or start of dictatorial chapter in the democratic setup.
The people of Punjab felt alienated from main stream due to denial of their just demands during a long democratic struggle since independence. As it happen all over the word, it led to militant struggle with great loss of lives of military, police and civilian personnel. Killing of Indira Gandhi and massacre of innocent Sikhs in Delhi and other India cities was also associated with this movement.
MASS MEDIA STUDIES-835-CLASS XI Resource Material.pdf
Unconscionable Contract
1. @ IJTSRD | Available Online @ www.ijtsrd.com
ISSN No: 2456
International
Research
Unconscionable Contract
Bhanu
B.B.A.,
Unconscionable
Courts use the term “unconscionable” to describe
conduct that is either unjust or one-sided to benefit
one party more than the other. In contract
unconscionable contract is one that no reasonable
person would enter into without some very
compelling reason. Those who do end up entering into
unconscionable contracts tend to be poorly e
living in poverty, or have been unable to find a faire
agreement elsewhere.
Definition of Unconscionable
Noun
Conduct that is unfair or one-sided so as to provide
more of a benefit to one party over another.
Origin
1555-1565
What is Unconscionability
Unconscionability is a term in contract law that is
used to describe the terms of a contract that are so
severely unfair or one-sided that no reasonable person
would enter into such a contract. Because of how
unreasonable an unconscionable contract is, the
contract is considered by law to be unenforceable.
This is because it would not be fair for the person who
drafted the contract to benefit from his deliberate
deception. It would also be equally unfair not to let
the other party out of a contract that was
the purpose of deceiving him.
For example, unconscionable language consists of
terms or phrases that the average person would not
understand. This lack of understanding would then be
glossed over by the perpetrator in his attempt to have
@ IJTSRD | Available Online @ www.ijtsrd.com | Volume – 2 | Issue – 5 | Jul-Aug 2018
ISSN No: 2456 - 6470 | www.ijtsrd.com | Volume
International Journal of Trend in Scientific
Research and Development (IJTSRD)
International Open Access Journal
Unconscionable Contract
Bhanu Prakash Singh Markam
A., LL.B (Hons), Indore Institute of Law
Indore, Madhya Pradesh, India
ourts use the term “unconscionable” to describe
sided to benefit
contract law, an
unconscionable contract is one that no reasonable
person would enter into without some very
compelling reason. Those who do end up entering into
unconscionable contracts tend to be poorly educated,
or have been unable to find a fairer
sided so as to provide
more of a benefit to one party over another.
Unconscionability is a term in contract law that is
used to describe the terms of a contract that are so
sided that no reasonable person
would enter into such a contract. Because of how
unreasonable an unconscionable contract is, the
contract is considered by law to be unenforceable.
This is because it would not be fair for the person who
drafted the contract to benefit from his deliberate
deception. It would also be equally unfair not to let
the other party out of a contract that was drafted for
For example, unconscionable language consists of
terms or phrases that the average person would not
understand. This lack of understanding would then be
glossed over by the perpetrator in his attempt to have
the other party sign a contract that he would not have
agreed to, had he more fully understood what he was
signing.
A contract of sale to purchase a home wherein the real
estate agent inserted hidden fees or other shady terms
that are written in “legalese” woul
unconscionable conduct. Without seeking the
assistance of an attorney, the average person may not
understand what he is agreeing to, but may agree to it
anyway due to a lack of education on the subject, or
the belief that he will not find a better deal elsewhere.
Unconscionable Conduct
Unconscionable conduct is typically found in cases
that involve fraud or deception. This is because one
party deliberately misrepresents the facts to deprive
someone else of something valuable, such as
or property. In effect, the person exhibiting the
unconscionable conduct is stealing from, or otherwise
taking advantage of, the other person. Unconscionable
conduct can be punished as either a criminal fraud, or
with a civil action. A contract is mo
found to be unconscionable if it contains both unfair
bargaining practices and one-sided terms.
Unconscionable Contract
A contract is considered unconscionable when the
person drafting the contract was acting with
unconscionable conduct at the time the contract was
being drafted. The fact that events may transpire later
on that provide one party with more of an extreme
benefit than the other is irrelevant, and do not make
for an unconscionable contract. Unconscionability
must exist at the time the contract is drafted in order
Aug 2018 Page: 1261
www.ijtsrd.com | Volume - 2 | Issue – 5
Scientific
(IJTSRD)
International Open Access Journal
ther party sign a contract that he would not have
agreed to, had he more fully understood what he was
A contract of sale to purchase a home wherein the real
estate agent inserted hidden fees or other shady terms
that are written in “legalese” would be an example of
unconscionable conduct. Without seeking the
assistance of an attorney, the average person may not
understand what he is agreeing to, but may agree to it
anyway due to a lack of education on the subject, or
d a better deal elsewhere.
Unconscionable conduct is typically found in cases
that involve fraud or deception. This is because one
party deliberately misrepresents the facts to deprive
someone else of something valuable, such as money
or property. In effect, the person exhibiting the
unconscionable conduct is stealing from, or otherwise
taking advantage of, the other person. Unconscionable
conduct can be punished as either a criminal fraud, or
with a civil action. A contract is more likely to be
found to be unconscionable if it contains both unfair
sided terms.
A contract is considered unconscionable when the
person drafting the contract was acting with
the time the contract was
being drafted. The fact that events may transpire later
on that provide one party with more of an extreme
benefit than the other is irrelevant, and do not make
for an unconscionable contract. Unconscionability
me the contract is drafted in order
2. International Journal of Trend in Scientific Research and Development (IJTSRD) ISSN: 2456-6470
@ IJTSRD | Available Online @ www.ijtsrd.com | Volume – 2 | Issue – 5 | Jul-Aug 2018 Page: 1262
for the contract to be declared void, and for the drafter
to be punished accordingly.
There are no set guidelines insofar as determining
whether a contract is unconscionable. It is left up to
the discretion of the judge or jury that is presiding
over the case. An unconscionable contract is one that
would be a mockery of the judicial system if the court
were to let it stand. Damages are not typically
awarded upon a court’s finding of a contract to be
unconscionable. However, there are other remedies
available at law that a court can pursue.
For instance, the court may refuse to enforce an
unconscionable contract, arguing that the party who
was unfairly treated was misled, lacked the
information necessary to make such a decision, or
signed under duress. Alternatively, the court may
refuse to enforce only the clause that makes the
contract unconscionable and uphold the rest.
Procedural Unconscionability
Procedural unconscionability is a term used to
describe the very unfairness that makes a contract an
unconscionable one. Procedural unconscionability
refers to the disadvantage suffered by the
misinformed party upon consenting, against what
would have been his better judgment, to extremely
unfair terms. There are two main factors that make up
procedural unconscionability: oppression and
surprise. The oppression comes from one party’s
overwhelming power over the other that enables him
to take advantage of the other party. Surprise exists
when the misinformed party supposedly agrees to
what are, in actuality, hidden terms designed to
defraud him.
Substantive Unconscionability
Substantive unconscionability is a term used to
describe the terms of a contract in that the terms, or
“substance” of the contract, are unfair. Substantive
unconscionability is found when the terms of a
contract are oppressive or cruel to the extreme.
Substantive unconscionability is found in cases
wherein the terms of the contract themselves would
raise a red flag as to the contract being suspect,
provided the person reading those terms knew what to
look for.
Three Elements Necessary to Prove
Unconscionability:
i. Unequal bargaining power (usually consumer, not
commercial)
ii. Dictation of terms of contract by stronger party –
an Adhesion Contract
(stuck with terms)
iii. Terms manifestly (obviously) unfair or oppressive
Examples:
i. Williams vs. Walker Thomas: a series of contracts,
they say if you default on anything, they can take
everything, even if it was already paid off
ii. Campbell’s Soup case: gave Campbell’s the right
to reject the Carrots for any reason, and had a no-sale
clause if they were rejected.
1. If delivered, Campbell’s can reject even if perfect.
If rejected, cannot go sell elsewhere either.
Campbell’s sued and lost be unconscionable.
Unconscionable Example Involving a Trucking
Business
An example of unconscionable conduct can be found
in a case wherein one trucker helped another trucker
with a start-up business, then failed to receive the
compensation he was initially promised. Randall
Lemke owned a trucking business in Wisconsin that
ultimately went bankrupt. Thereafter, in the spring of
1992, businessman George Arrowood approached
Lemke for help in starting his own trucking business:
M&G Trucking, Inc. Lemke agreed on the condition
that he would receive half of the company’s profits
for three years.
Lemke then contacted several of his former customers
and asked them to consider hiring M&G Trucking. He
also contacted several of his former employees and
asked if they would consider working for M&G
Trucking. He obtained all of the necessary licenses,
permits, and insurance to incorporate M&G Trucking.
He also installed a computer system that came with a
database of 300 to 500 potential customers for the
company and trained Arrowood on how to use the
system. Lemke leased to Arrowood the computers,
3. International Journal of Trend in Scientific Research and Development (IJTSRD) ISSN: 2456-6470
@ IJTSRD | Available Online @ www.ijtsrd.com | Volume – 2 | Issue – 5 | Jul-Aug 2018 Page: 1263
software, phones, and other office furniture from his
old business at a cost of $200 monthly.
After Lemke had invested about five weeks into this
project, he and Arrowood drafted up and entered into
a written contract that would “clarify and document”
their initial agreement. The contract read, in part:
“[Lemke] shall provide assistance in the form of
“startup labor” to M&G Trucking Ltd., for a period of
5 weeks without pay, commencing on April 9, 1992
and extending through May 15, 1992. [Lemke] shall
be paid in the amount of $8.00/hour for each hour of
work put in for [M&G Trucking] following the startup
period.
[Lemke] shall be paid an additional amount equal to
1/2 of the net profits arising out of the trucking
operation known as M&G Trucking Ltd…Payment
based on net profits shall be paid at least yearly within
one month of the end of the year; however, net profits
shall never be less than $400.00 per month to [Lemke]
under this provision for use of the equipment set forth
in paragraph 6.
This agreement shall be effective initially for a period
of three years starting from the effective date. This
agreement shall automatically renew on identical
terms of compensation for a similar period unless
specifically revoked by either [Lemke] or
[Arrowhead] within 6 months, but not less than 60
days, from the end of the agreement.
[Lemke] shall lease to [Arrowood], as part of this
contract, the computer equipment and software, office
furnishings, and phone system currently located at
1220 Depot St., Manawa, WI. For income tax
purposes, the payment of 1/2 the profits to [Lemke]
shall be designated as rental payments for the use of
the above mentioned equipment. [Arrowood] is not
authorized to copy any of the software or programs,
without the consent of [Lemke]. This agreement may
be voided at any time by the mutual consent, in
writing of both [Arrowood] and [Lemke].”
In the fall of that year, Lemke asked Arrowood to buy
the equipment that he had been leasing to M&G
Trucking. Arrowood paid Lemke $5,200 to buy
everything but the computers, which Lemke then
repossessed. Arrowood attempted to clarify with
Lemke whether his purchase of the equipment
effectively ended their initial contract. Lemke told
him that, while the purchase did, in fact, void the
rental part of their agreement, he still expected to be
paid half the profits for three years as the two had
initially agreed.
Ultimately, Arrowood never paid to Lemke any of the
profits he earned from M&G Trucking, nor any other
compensation for Lemke’s start-up help. Further,
neither party had ever terminated the contract in
writing. Lemke then sued Arrowood in 1996 for
monetary damages in the amount of either $200 per
month, or half of M&G Trucking’s profits for the six
years that followed the signing of the contract.
Decision after Trial and Appeal
The case went to trial, whereupon Arrowood argued
that Lemke had breached the contract in his seizing of
office equipment. The trial court dismissed the matter,
finding that the contract was unconscionable and that
there was no evidence that the court could use to
calculate damages. The court also found that the
contract did not require Lemke to do anything in
particular, so Arrowood’s argument was moot.
The matter was appealed to the Court of Appeals for
the State of Wisconsin. The Court of Appeals
ultimately held that the trial court’s decision was to be
reversed, and that Lemke was entitled to $77,462.35,
plus costs, in damages. Because Lemke had not
provided enough evidence to the Court that the Court
could use to calculate what he was rightly owed, the
Court came to this number by adding up everything
he was owed by analyzing the profits made by M&G
Trucking over the period in question.
The Court also justified its reasoning insofar as not
declaring the contract procedurally or substantively
unconscionable. Specifically, the Court wrote:
“The record does not establish the contract was
substantively unconscionable. First of all, Lemke
performed approximately 200 unpaid hours of work
for Arrowood…But Lemke gave Arrowood more than
the benefit of his time. He also gave him the benefit of
his expertise and his prior business contacts. In
addition, the arrangement allowed Arrowood to get up
and running without an outlay of capital which he
apparently did not have. In exchange, Arrowood
promised to pay at least $400 a month (including
$200 per month toward the lease of office equipment),
4. International Journal of Trend in Scientific Research and Development (IJTSRD) ISSN: 2456-6470
@ IJTSRD | Available Online @ www.ijtsrd.com | Volume – 2 | Issue – 5 | Jul-Aug 2018 Page: 1264
or $14,400 over a period of three years. This was not
so unreasonable as to be viewed as profoundly unjust.
…The fact that Lemke provided only limited services
after the execution of the contract does not make the
automatic extension provision unconscionable,
because either party could cancel the extension within
six months but not less than sixty days from the end
of the first three-year term, and the parties could
mutually agree to terminate the contract at any time.
The fact that Arrowood may have failed to exercise
his right to cancel the extension after it became clear
that Lemke was providing no further benefit to him
does not make the contract itself unconscionable.
Because we conclude the contract was not
substantively unconscionable, we need not consider
whether there was any procedural unconscionability
in the parties’ positions.”
Article 2-302. Unconscionable contract or Term.
Under UNIFORM COMMERCIAL CODE
(1) If the court as a matter of law finds the contract or
any term of the contract to have been unconscionable
at the time it was made the court may refuse to
enforce the contract, or it may enforce the remainder
of the contract without the unconscionable term, or it
may so limit the application of any unconscionable
term as to avoid any unconscionable result.
(2) If it is claimed or appears to the court that the
contract or any term thereof may be unconscionable
the parties shall be afforded a reasonable opportunity
to present evidence as to its commercial setting,
purpose, and effect to aid the court in making the
determination
Related Legal Terms and Issues
Contract – An agreement between two or more
parties in which a promise is made to do or provide
something in return for a valuable benefit.
Damages – A monetary award in compensation for a
financial loss, loss of or damage to personal or real
property, or an injury.
Duress – Threats, intimidation, or bullying intended
to force someone to do something.
Fraud – A false representation of fact, whether by
words, conduct, or concealment, intended to deceive
another.