Multiple Churn Prediction Techniques And Algorithms Computer Science Essay

Multiple Churn Prediction Techniques And Algorithms Computer Science Essay Abstract-Customer churn is the business term that is used to describe loss of clients or customers. Banks, Telecom companies, ISPs, Insurance firms, etc. use customer churn analysis and customer churn rate as one of their key business metrics, because retaining an existing customer is far less than acquiring a new one. Corporates have dedicated departments which attempt to win back defecting clients, because recovered long term customers can be worth much more to a company than newly recruited clients. Customer Churn can be categorized into voluntary churn and involuntary churn. In voluntary churn, customer decides to switch to another service provider, whereas in involuntary churn, the customer leaves the service due to relocation, death, etc. Businesses usually exclude involuntary churn from churn prediction models, and focus on voluntary churn, because it usually occurs due to company-customer relationship, on which the company has full control. Churn is usually measured as gross churn and net churn. Gross churn is calculated as loss of previous customers and their associated recurring revenue, generated by those customers. Net churn is measured as sum of Gross Churn and addition of new similar customers. This is often measure as Recurring Monthly Revenue (RMR) in the Financial Systems. INTRODUCTION Predicting and preventing customer churn is becoming the primary focus of many enterprises. Every enterprise wants to retain its each and every customer, in order to maximize maximum profits and revenue from them. With the introduction of business and management systems, and automation of operation flow, corporates have gathered lots of customer and business related data during the daily operating activities, which give data mining techniques a good ground for working and predicting. Lots of data mining algorithms and models have emerged to rescue from this issue of customer loss. These algorithms have been widely used, from past decades, in this field. For prediction of customer churn, many algorithms and models have been applied. Most common of them are Decision tree [1], Artificial Neural Network [2], Logistic Regression [8]. In addition, other algorithms such as Bayesian Network [4], Support Vector Machine [], Rough set [5], and Survival Analysis [6] have also been used. In addition of algorithms and models, other techniques, such as input variable selection, feature selection, outlier detection, etc. have also been applied to get better results out of the above algorithms. First three models i.e. Decision tree, Artificial Neural Network and Logistic Regression have been applied maturely at multiple corporates. Each algorithm has been improved over multiple iterations, and are now pretty much stable. But as the operation and activities of business are growing, it is becoming more and more complex challenge to solve the problem of customer churn, and this is requesting for the generation of new churn prediction models, which are fast and robust, and which can quickly be trained and scored on large amounts of data. Literature review Jiayin and Yuanquan [1] presented a step by step approach on selecting effective input variables for customer churn prediction model in telecommunication industry. In telecommunication industry, there are usually very large number of input variables is available for churn prediction models. Of all these variables, there could be variables which have positive effect on the model, and few which are redundant. These redundant variables cause overload for the churn prediction model. So it is always better to select only important features and remove redundant, noisy and less informative variables. In their study, they have proposed Area under ROC (AUC) method for calculating classifying abilities of the variable, where ROC is Receiver Operating Characteristics, and then selecting variables which have the highest classifying abilities. In addition, he also proposed to compute mutual information among all selected variables and finally selecting variables which have relatively low mutual i nformation co-efficient. Huang and Kechadi [11] proposed a new technique for Feature Selection for the churn prediction models. As their primary focus was telecommunication industry, and in telecom the amount of input variables / feature is very large, and it is always better to select a subset of features, which have the most ability to classify the target classes. Otherwise running algorithm on all the input variables will be too much to time and resource consuming. Most commonly used techniques for selection of features only judges whether an input feature is helpful to classify the classes or not. The approach proposed by them takes into account the relationship between the specified categorical value of the feature and a class for selecting or removing the feature. Luo, Shoa and Lie [2] proposed the customer churn prediction using Decision Tree for Personal Handyphone System Service (PHSS), where the number of variables in input data set is very small. Decision Tree is probably the most commonly used data mining algorithm. Decision Tree model is a predictive model that predicts using a classification process. It is represented as upside down Tree, in which root is at the top and leaves are at the bottom. Decision Trees is the representation of rules. This helps us in understanding, why a record has been classified in a particular way. And these rules can be used to find records that fall into some specific category. In their work they found out the optimal values of input dataset with reference to time sub-period, cost of misclassification and sampling method. With their research, they came up to conclusion that 10-days of sub-period, 1:5 cost of misclassification and random sampling method are the most optimal parameters when training a data m odel using decision trees, when the number of input variables is very small. Ming, Huili and Yuwei [4] proposed a model for churn prediction using Bayesian Network. The concept of Bayesian Network was initially proposed by Judea Pearl (1986). This is a kind of graphics mode used to show the joint probability among different variables. It provides a natural way to describe the causality information which could be used in discovering the potential relations in data. This algorithm has been successively used in knowledge representation of expert system, data mining and machine learning. Recently, it has also been applied in fields of artificial intelligence, including causal reasoning, uncertain knowledge representation, pattern recognition cluster analysis and etc. A Bayesian network consists of many nodes representing attributes connected by some lines, so the problems are concerned that more than one attribute determine another one which involving the theory of multiple probability distribution. Besides, since different Bayesian networks have different structures and some conceptions in graph theory such as tree, graph and directed acyclic graph can describe these structures clearly, graph theory is an important theoretical foundation of Bayesian networks as well as the probability theory, thus the results of Customer Churn using Bayesian network are very promising. Jiayin, Yangming, Yingying and Shuang [10] proposed a new algorithm for churn prediction and called it TreeLogit. This algorithm is combination of ADTree and Logistic Regression models. It incorporates the advantages of both algorithms and making it equally good as TreeNet ® Model which won the best prize in 2003 customer churn prediction contest. As Treelogit combines the advantages of both base algorithms so it becomes very powerful tool for customer churn prediction. The Modeling process of TreeLogit starts by Designing Customers character variables based on prior knowledge. Then the character variables are categorized into m sub-vectors, and a decision tree for each sub-vector is created. Once we have the decision tree for each sub-vector, then we develop logistic regression models for each sub-vector. And finally we evaluate the accuracy and interpretability of the model. If they are acceptable then the customer retention process is started, otherwise the model is re-tuned for better results. Jing and Xinghua [5] in their work on customer churn prediction, presented a model based on Support Vector Machines. Support Vector Machines are developed on the basis of statistical learning theory which is regarded as the best theory for the small sample estimation and predictive learning. The studies on the machine learning of finite sample were started by Vapnik in sixties of last century and a relatively complete theoretical system called statistical learning theory was set up in nineties. After that, Support Vector Machines, a new learning machine was proposed. SVM is built on the structural risk minimization principle that is to minimize the real error probability and is mainly used to solve the pattern recognition problems. Because of SVMs complete theoretical framework and the good effects in practical application, it has been widely valued in machine learning field. Rough set Xu E, Liangeshan Shao, XXuedong Gao and Zhai Baofeng introduced Rough set algorithm for customer churn prediction [2]. Dengh Hu also studied the applications of rough set for customer churn prediction[5]. According to them, Rough set is a data analysis theory proposed by Z. Pawlak. Its main idea is to export the decision or classification rules by knowledge reduction at the premise of keeping the classification ability unchanged. This theory has some unique views such as knowledge granularity which make Rough set theory especially suitable for data analysis. Rough set is built on the basis of classification mechanism and the spaces partition made by equivalence relation is regarded as knowledge. Generally speaking, it describes the imprecise or uncertain knowledge using the knowledge that has been proved. In this theory, knowledge is regarded as a kind of classification ability on data and the objects in the universe are usually described by decision table that is a two-dimensional t able whose row represents an object and column an attribute. The attribute consists of decision attribute and condition attribute. The objects in the universe can be distributed into decision classes with different decision attributes according to the condition attributes of them. One of the core contents in the rough set theory is reduction that is a process in which some unimportant or irrelevant knowledge are deleted at the premise of keeping the classification ability unchanged. A decision table may have several reductions whose intersection was defined as the core of the decision table. The attribute of the core is important due to the effect to classification. Survival Analysis Survival analysis is a kind of Statistical Analysis method to analyze and deduce the life expectancy of the creatures or products according to the data comes from surveys or experiments. It always combines the consequences of some events and the corresponding time span to analyze some problems. It was initially used in medical science to study the medicines influence to the life expectancy of the research objects. The survival time should be acknowledged widely, that is, the duration of some condition in nature, society or technical process. In this paper, the churn of a customer is regarded as the end of the customers survival time. In the fifties of last century, the statisticians began to study the reliability of industrial products, which advanced the development of the survival analysis in theory and application. The proportional hazard regression model is a commonly used survival analysis technique which was first proposed by Cox in 1972. CRITICAL REVIEW Jiayin and Yuanquan [1] proposed a very simple method for the variable selection. The method proposed is very effective and practical, But there are more systematic methods available, which use advance neural network, induction algorithms and rough set. Huangs and Kechadis [11] concept for taking into account the categorical values into account when feature selection is being performed, is good. But their concept is limited to categorical values and continues values cant be applied on their approach. Continues values need to be discretized into categorical values, before their feature selection concept could be applied, but this conversion from continues to discrete may result in loss of information. Luo, Shoa and Lie [2] selected Decision Tree as their choice of data mining algorithm for churn prediction, which is the simplest and understandable algorithm for classification. Its simplicity also makes it the most widely used algorithm. But decision tree has its own limitations, they are very unstable and a very little change in the input variables, such as addition of newer ones, require rebuilding and re-training of complete decision tree. In addition, they should have also focused on how to enrich the input variables, by adding new derived variables that could enhance the efficiency of the model. Ming, Huili and Yuwei [4] Bayesian network model has advantages and some short comings. It has the ability to product best results even when the input datasets are incomplete. In addition, it has the ability to take connections into account when predicting churn and to take prior knowledge into consideration. This algorithm also has the ability to effectively prevent over fitting. But if the dataset is large, the structure learning of the Bayesian networks will be too difficult. Thus this model is not fit for telecom, where the dataset is always very large. Jiayin, Yangming, Yingying and Shuang [10] TreeLogit combines the advantages of both algorithms i.e. ADTree and logistic regression, thus it is both data-driven and assumption-driven and it has the capability of analyzing objects with incomplete information. Moreover, its efficiency is not affected by the bad quality data and it generates continues output with relatively low complexity. Jing and Xinghua [5] used Support Vector Machine algorithm for Churn Prediction. This algorithm is best if you have a limited number of sample records, but on the other hand its theory is very complex and there are many variations in it. So it is difficult to find the version which best suites your problem. Conclusion There are multiple solutions available for customer churn prediction. Each has its own advantages and disadvantages. So a single solution might not be best for any organization. The organization may have to use the combination of algorithms and techniques to get the best results for churn prediction.

Factors Affecting Failing Grade

CHAPTER 1 INTRODUCTOIN Many factors can affect academic performance, which means how a person does on schoolwork. The physical condition of the student has a great deal to do with that person's ability to do a good a good job on anything and to understand anything. For example, if the student has poor eyesight, he or she might not be able to read well. If the student has a hearing impairment, he or she might not be able to listen to and understand instructions.If the student has a disease, it might impair his or her ability to do the required work. Students with less money might not be able to purchase school supplies that could help them with their work — rulers, paper, pens, computers, books, etc. Students with less money might have household responsibilities that wealthier students do not have — babysitting for younger kids while the parents work second and third jobs, working for money outside of school, or spending homework time waiting in line for food at a food s helter.Students might live in difficult conditions without electricity or water, and might have to go away from home to take a shower, brush their teeth, have breakfast, and wash their clothing. Some students are just not disciplined and lack good organizational skills. They often fall under the pressure of their peers. Rather than using good discretion, they feel compelled to follow others (socially), when they really should be attending to their studies. Scope and limitation This Research is mainly dealt with knowing purchase and ost purchase behaviour. This Research is focuses on product output which customer get from the product. This Research is also focus on changing preference of customers because in today’s time there are so many best option for customer for every electronic product. This Research also studies that product are reaching up to the expectation of customer or not. A electronic product company differentiate its product on different grounds. So we study tha t, for which qualities company is advertising, those features that product have or not.Definition of Terms Students – A student is a learner, or someone who attends an educational institution. Academic performance – refers to how students deal with their studies and how they cope with or accomplish different tasks given to them by their teachers. Study Habits – It means you are not distracted by anything, you have a certain place to go where it is quiet everyday where you study and do homework. Basically it means that you are doing the best you can to get the grades you want.Work load – The amount of work assigned to or expected from a worker in a specified time period. Financial problems – can ultimately lead to a bad credit rating. This can affect one's ability to buy a house, purchase a car or even get a job. Emotional Condition – is an increasingly common occurrence in today’s hectic and often toxic lifestyles. Grades – in the realm of education are standardized measurements of varying levels of comprehension within a subject area. Bibliography http://herkules. oulu. fi/isbn9514265556/html/x131. tml http://www. oppapers. com/essays/Failing-Grades/847357 http://thesisworks. com/2011/casestudy-format/objectives-study-sample/ http://www. scribd. com/doc/10036097/Sample-Thesis-Chapter-1 http://www. scribd. com/doc/10036097/Sample-Thesis-Chapter-1 http://virtualmentor. ama-assn. org/2009/11/ccas2-0911. html http://www. scribd. com/doc/11822201/example-of-a-research-paper http://www. oppapers. com/essays/Factors-Affecting-Academic-Performance/624248 http://www. scribd. com/doc/12760820/Scope-and-Delimitation

Essay On Sports - 1179 Words

The last time I went to a football game, I felt like I wanted my money back and wasted my time by being there. A complete lack of competition. I feel like only the best teams should play the best schedules based on the previous year. In this I will share with you the details of an upcoming game which should be a, â€Å"good game†. If any are familiar with the series â€Å"last chance u†, I’m sure you know what a blowout game looks like. I feel like it is definitely not what I came or care to see. I’d rather see a nail biting game and live in some excitement. Teams should only be playing teams on their level. In an appropriate league In the Greater Cleveland Conference, Euclid High School is ranked number two, behind mentor that is. As these two†¦show more content†¦They are disciplined and even though they are young, they also bring a lot of talent to the trade. They are coached well and are aggressive, they have an ongoing competition in which they count pancakes, which Ryan Johnson leads with 13. If two teams aren’t going to compete with one another in a matter like that, what’s the use of them playing? I feel like in the spirit of competition, we should have better games to watch. As well, I have seen teams play slouches and get to the playoffs just to lose in the first round. In my opinion it’s ridiculous to a team that actually plays a hard schedule to be in the same bracket of the playoffs. When teams play the simple guys and win by a million points get in the playoffs and get kicked out in the first round. I feel like if you can beat teams and go to the playoffs, I think you should earn it, making it so that you can have a good run against the guys like you played during the season. This was a lengthy example of what I’m talking about. I am now going to use a shorter example of two teams less fit to exchange blows, of course euclid will be another shorter example. As Euclid plays one of if not THE toughest schedule in northeast Ohio, but every once in awhile something somewhere slips through the cracks. As Elyria fell to the Panthers 54 to 28. That is not a game. On top of that Elyria only scored on EuclidShow MoreRelatedEssay On Sports Sport1691 Words   |  7 PagesThe NBA has been gaining a ton of attention with its soap opera like off-season. Im here to remind folks which sports runs king in America as Im excited for the upcoming season. A lot has happened since the Patriots Super Bowl, as teams have been shaping their roster to establish themselves in the league. Many storylines are to be looked at as its hard to choose which ones are the most interesting. I mean what will happen with Goff for the Rams? 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Sympathy And Sympathy In Frankenstein - 1525 Words

To be able to feel sympathy, humans first must be able to read into and understand another’s emotions. Mary Shelley uses this human aspect in her novel Frankenstein, as readers’ emotions are played. Set in the early 1900s, the novel is a recount of Victor Frankenstein’s life as he tells it to Robert Walter, a man leading an exploration to the North Pole. Frankenstein starts his narrative explaining how he was a very curious child, and eventually went off to college and conducted an experiment on his own. Frankenstein ended up creating a monster, which changed Frankenstein’s life for the worse. In Mary Shelley’s novel, Frankenstein’s monster earns the reader’s sympathy and pity because after being rejected by his creator he is forced to†¦show more content†¦The monster is in need of help from his creator, for he is new to the world and does not know anything about living yet, but instead, he has nobody and is forced to figure l ife out by himself. Readers understand the monster’s emotion because he says â€Å"I sat down and wept†. By understanding his emotion, it will cause readers to feel sympathy for him. This also proves one of the larger themes of the novel, that people should treat others with empathy, because as his creator, Frankenstein should have been able to understand and share his feelings, for he was often alone and left to teach and fend for himself during his studies. Frankenstein’s reject to his creation is what caused the monster to feel so alone, and ultimately, what led to both of their destructions. In addition to being rejected by his creator, Frankenstein’s monster is also treated very violently by humans, leaving him alone and feeling like he did something wrong, even though their reactions are based solely on his appearance. 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The Impact Of Religion On Youth And Youth - 1518 Words

Religiously Organized Groups in Universities from a Youth Perspective Although how youth associate religion has been discussed in literature to a varying degree, this literature review will mainly focus on four major themes found in the relevant peer reviewed articles of recent studies. Those themes are, impact of religion on youth, youth and organized religious groups, religious groups and social capital and religious involvement of youth in university context. While literature presents the above themes in a variety of contexts, this review will investigate religion and religious based organizations in universities from a youth perspective. Impact of Religion on Youth The literature provides two major areas in which religion impacts on youth at individual level. By citing Benson (2003), Donelson (1999), King Boyatzis (2004) King and Furrow (2008) argue that religion in youth lives serves two major purposes, one is promotion of positive moral development and second is protection against risky conduct of activities. Similarly religious associations of youth often act as a protective measure against wrong behavior and wrong conduct of sex or premarital sex, it promotes good healthy practices and supports youth in coping up stressed situations (Hopkins, 2007), (Cusack, 2011). These arguments show that youth associate religion as it helps them to judge what is right and wrong in life and to maintain a respectful character which is acceptable to society. However theseShow MoreRelatedImpact of Religion on Youth4279 Words   |  18 PagesIntroduction The impact that religion has exerted on mankind’s history is phenomenal, even in the twenty first century, perceptions are beguiled more by religion than any other factor. Too many policies, political associations, economic stances and military actions are dictated to a large extent by religion for anyone to take it lightly. This holds much greater significance for the people of the subcontinent than other places, save a few exceptions. Whether this was due to the success of theRead MoreChallenges facing youths today1513 Words   |  7 Pagesï » ¿Challenges Facing the Youth in Today’s Society Most of the problems facing today’s youth are not restricted to any one ethnic or religious group, but affect young people generally. Most discussions on youth have focussed on issues such as drug abuse, crime, violence, sexuality and poverty. In addition to these, today’s youth are afflicted by new challenges. These include: 1. An Identity Crisis: Who am I? 2. Lack of self confidence and low self esteem: I am worthless 3. A sense of hopelessness:Read MoreUse Of Offensiveness And Offensive Advertising On The Arab World Muslim Dominated Country1634 Words   |  7 Pagesnature of offensiveness and offensive advertising from the viewpoint of the millennial youth in Egypt (an Arab world Muslim dominated country). It aims to understand what these youth reflections on religiosity are and whether they affects their views on what is considered to be offensive in advertising. The problem of offensive advertising and religiosity is that they are highly subjective issues where even youth that come from the same culture, demographics and ideologies could have very varied identificationsRead MoreBlood Transfusion Should Not Be Banned From A Lighter Sentence952 Words   |  4 PagesOn one hand, it can be said that Jadine Russell effectively killed herself by not accepting blood transfusion as it is against her religion to do so. 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New Labour claims to be ‘tackling domestic violence on every front’ (Home Office 2000) Free Essays

In 1999, the Government published ‘Living Without Fear: An Integrated Approach to reducing domestic violence’, outlining their commitment to reducing the incidence of violence against women and the strategy for accomplishing this. Safe housing is a basic human need. As many women are dependent upon a man for this necessity, the choice between unsafe housing or homelessness is often unrealisable. We will write a custom essay sample on New Labour claims to be ‘tackling domestic violence on every front’ (Home Office 2000) or any similar topic only for you Order Now The majority of safe accommodation for women escaping violent relationships is provided by the voluntary sector with little support from the state. Safe housing is a crucial element for women leaving violent partners. ‘The need for both temporary and permanent secure accommodation for women and children who have left home because of violence must be paramount’ (Harwin and Brown 2000 p219) In this essay, I plan to review the history of safe housing provision for women in the UK and look at the influence of the Women’s Aid movement, the role of local authorities and the influence of the Conservative governments. Then I will assess the welfare needs of vulnerable women and children – what housing support do women escaping violent relationships need? Do different ethnic groups have different needs? Following that, Labour’s focus upon domestic violence will be analysed and I will assess whether this emphasis has produced any real changes for women in terms of housing and homelessness. In term of housing, Dobash and Dobash (2000) developed four conditions under which an abused woman is able to be safe: 1. Her male partner ceases his violence and lives peacefully; 2. The woman escapes to refuge where she can live free of violence, albeit only temporarily; 3. The man is successfully evicted from the matrimonial home, remains away and does not harass her, or; 4. The woman is safely rehoused in another home and is not pursued or harassed in her new location. (Dobash and Dobash 2000 p200) The Government’s pledge represents significant statutory commitment to this issue for the first time – do Labour’s promises reflect real change? Firstly, to look at the history of safe housing provision for women in the UK. Traditionally, it has been thought that the state ought not to interfere in family life; domestic violence therefore raises questions about the position of the state in the private sphere of the family (Wasoff and Day 2000). Even relatively recently, the prevalence of this attitude can be identified. During the thirteen years of Conservative government during the 1980s and 90s, an emphasis was placed upon the important role played by the nuclear family unit and policy encouraged ‘traditional family values’ and stigmatised groups such as single parents. Policy objectives of the time were directed at ‘tackling the problem’ which tended to express a ‘problem family’ orientation towards reducing recurrences of abuse of violence. Consequently, this approach underplayed policies aimed towards prevention or the enforcement of victim’s rights. The feminist refuge movement was established in the 1970s, previous to this there was no provision and women leaving a violent partner had to rely on the informal sector for support from family or friends. Domestic violence was not regarded as a sufficient reason for homelessness and any input from statutory agencies such as the police or social service departments was geared towards reconciliation (Morley 2000). The women’s refuge movement began with a few houses offering sanctuary to women organised on ‘self-help’ principles. Somerville (2000) notes the influence of the movement upon public perceptions of domestic violence that led to major changes in public policy. Consequently, there has been a huge amount of legislative change. This began with the Domestic Violence Act (1976) which allowed a woman to obtain a court order to excluded her violent partner from the home and the Housing (Homelessness) Act (1977) made it a duty for local authorities to house women made homeless as a result of domestic violence. However, whilst this was an enormous step forward, in reality women had a difficult time ‘proving’ violence. Due to the nature of domestic violence, there are rarely witnesses. The wording of the1977 Act was ambivalent and open to misinterpretation, less than half of refuge groups felt that it had improved women’s housing prospects (Morley 2000 p233), this was largely due to inconsistencies in legislative interpretation. Surveys such as Jayne Mooney’s study into domestic violence in North London (1994) revealed high levels of domestic violence, this put pressure on the government to make more legislative changes. Changes in policing emphasised the importance of protecting the victim and taking strong positive action against the perpetrator. Similarly, social service departments made an ‘about face’, recognising the importance of empowering mothers, rather than threatening them with the removal of their children. However, whilst the 1990s have been regarded as a period of significant development in terms of public awareness of domestic violence (Hague 1999), The Housing Act (1996) has been seen by some as a step backwards. This legislation removed the right of those defined as ‘statutorily homeless’ to be housed permanently. Local authorities can only offer permanent accommodation to those registered on the council housing list; those escaping domestic violence are now merely entitled to temporary accommodation. The legislation gave local authorities the power to refuse housing to any person believed to have suitable accommodation elsewhere, this especially affects women from ethnic minority groups who could be assessed as having access to housing in another country (Harwin and Brown 2000). Obviously, this had consequences for many made homeless as a result of violence. Section 180 of the 1996 Act made local authority funding for refuges a duty. As a result, an average 37% of refuge income is received from this source but has brought with it its own disadvantages. Women’s Aid (2000a) note that some local authorities fail to comply or set conditions which ‘undermine strategies for ensuring the safety of abused women and children’ as well as putting pressure upon refuges to only take local women. That aside, as mentioned earlier, the trend towards appropriate intervention and support for those escaping violent relationships has been upwards. A 1992 Home Office Enquiry resulted in a co-ordinated national response and emphasised multi-agency co-operation. There are now over 300 refuges throughout the country offering a wide range of services with specialist provision for women and children from differing ethnic and cultural backgrounds. Before I move on to examining the role New Labour have played in terms of safe housing provision it is important to look at exactly what it is that is needed by women and children escaping violence from men. The Conservative government’s introduction of the ‘right to buy’ programme has resulted in depleted council housing stock and social renting has developed into a residual sector (Conway 2000). Local authority housing has increasingly catered for a smaller range of people marginalized from mainstream society. Combined with the fact that households headed by women are at a disadvantage as a whole in the UK this results in further social inequality for those escaping domestic violence. Women need good quality housing in a safe environment with a responsive housing management. Access to suitable housing would include: ? A sensitive response to all applicants ? Day-to-day management support ? Specialist support staff ? Liaison with other services and agencies ? Benefits advice/debt counselling (Adapted from Conway 2000 p102) McGee (2000 p91) identified three main areas of support wanted by women escaping domestic violence: 1. Easily accessible information regarding sources of support. 2. Counselling. 3. Help for mothers in supporting the children to deal with their experiences. This final point is a particularly important one. Refuge financing does not take into account the numbers of children using refuges. There is no recognition of the existence of children, and the cost of providing for children, when there may be up to 18 children in a six-bedroom project (Women’s Aid 2000a). Additionally to this, children are often extremely disturbed by the violence they have witnessed and the disruption in their lives, yet a quarter of all refuges have no funding for a specialist children’s worker. Women from minority groups can face increased difficulty when escaping a violent partner. Racism especially plays a large part in dissuading black women from taking action to address violence from a partner. The reputation of the police is a significant factor in this. Mama (2000) notes that the police appear more ready to investigate cases of illegal immigration than to respond to cases of domestic violence. Despite attempts to challenge racism within the police force, officers on the ground have still been found to perpetrate the abuse via racism. The belief that violence against women is part of the black culture is one that appears especially resistant (Mama 2000). In terms of housing it is imperative for black women to be housed in an area which not only places her in an area away from the perpetrator but also ensures her safety from racism. Women, especially those with children, are more likely than men to be dependant upon social housing; for women from ethnic minority backgrounds this is even more so. The most crucial need of women, overwhelmingly in evidence, is that of safe permanent housing. The refuge movement has improved service provision for women considerably, but is limited by their ability to solely provide temporary housing for women and children. Only by statutory provision can this need be met. This would necessitate significant statutory change. Women who continue to live with a violent partner often give their fear of being homeless as their reason for remaining (Mama 2000), a valid one as evidence suggests. If New Labour is ‘committed to tackling domestic violence on every front’; this is the key area they need to be addressing. So, to evaluate the progress being made. Since coming to power, Labour have been keen to adopt a more progressive stance towards domestic violence than the Conservative rhetoric for supporting traditional families that arguably promoted male control over women. Publications such as ‘Living Without Fear’ (1999) and the ‘Break the Chain’ (1999) campaign were some of the platforms used by the Government to address this issue and encourage people to access help and support. Early evaluations of Labour’s policy response to domestic violence have been cautious in supporting the Government’s proposals. Hague (1999) acknowledges that both before and after election, Labour have been clear in their commitment to improving services for victims of domestic violence. However, she notes that there have been contradictions and lack of consistency in policy. Both Hague (1999) and Harwin and Barron (2000) draw attention to the fact that there are discrepancies between local authorities in terms of practice guidelines. There is no national policy to govern their practice and whilst many local authorities have recognised the serious nature of domestic violence, some less liberal authorities adopt a harsh view of the law, leaving many women and children in insecure and vulnerable positions in terms of housing. There is no single government office directly responsible for policy in this area; it falls between the Home Office, the Department of Environment and the Department of Health. A clear example of this is the research discussed later in this essay. This reiterates the findings published by the Government in ‘Tackling Domestic Violence’ (1998) which considered how local authorities dealt with domestic violence and partnerships with other agencies. Based on evidence from local authorities it discovered evidence of inadequate funding and incomprehensive coverage (Wasoff and Dey 2000). In the publication ‘Government Policy Around Domestic Violence’, little attention is paid to housing and accommodation despite the actuality it is recognised as a key issue. The key point states the Department of Environment, Transport and the Regions has worked with other Government agencies to commission research into accommodation and support services available to those suffering domestic violence. Harwin and Barron (2000) assessed the research in terms of accommodation provision; their key findings, published by the Home Office, include: ? Leaving the family home is a last resort and some would have stayed if security was improved ? Good practice by local authorities needs to be examined and assessed ? Problems with service provision still exists ? Official figures on homelessness due to violence are inaccurate and underestimate the extent of the problem ? In term of temporary accommodation, much is not appropriate for women with children and the length of stay in temporary accommodation is unacceptable The paper concludes that monitoring of domestic violence need to be improved in terms of how many applicants for housing as a result of violence are rejected and support services need to be improved, particularly resettlement services. A key area only to be addressed this year has been that of the Housing Act 1996 in relation to homelessness. Hague stated ‘If it [the Housing Act 1996] remains on the statute book under Labour, [it] is a license for less liberally-minded authorities to adopt harsh measures.’ (Hague 1999 p144) With the Homelessness Act 2002, Labour has brought major changes to the statutory program of help for women who are homeless as a result of domestic violence (Delahay 2002). Whilst it makes no new environment for homelessness or housing allocation, the Act does contain some tangible revisions to the terms of the Housing Act 1996. Introduced is a new category of priority need for housing for ‘a person who is vulnerable as a result of ceasing to occupy accommodation by reason of violence from another person or threats of violence from another person which are likely to be carried out’ Homelessness Act 2002 s10 Additionally, the proposed Code of Good Practice emphasises the safety of the applicant and maintaining confidentiality. The need to ‘prove’ violence has been repealed and it has been accepted that the impact of violence or threatened violence can be cumulative. The impact of this legislative change is impossible to evaluate at present but it does represent a significant shift towards supportive measures for those experiencing violence. The Government has placed a great deal of focus upon developing a co-ordinated response towards domestic violence in terms of multi-agency partnerships. ‘Our overall goals are†¦to see effective multi-ageny partnerships operating throughout England and Wales’ Living Without Fear (1999) Local authorities have been particularly responsive to these initiatives (Hague 1999) Examining the wider picture, increasing women’s eligibility for housing will not have a real impact if this is not backed up by addressing the problem of residualisation. Labour is doing little to address this (Morley 2000) and could even be seen as exacerbating the issue by announcing in Autumn 2002 their intention to grant housing association tenants the right to buy which will further deplete social housing stock. In conclusion, there have been huge improvements in terms of support for women experience violence in the home, much of this directly attributable to the work of Women’s Aid and other feminist groups. The Government’s commitment to addressing this issue can only be positive but the overall picture remains one of ambivalence and lack of consistency in policy implementation. Continued lack of funding appears to remain the key issue in terms of housing and is holding back comprehensive intervention. Domestic violence is about control over women, a sentiment that thrives within the larger system of patriarchy within our society Our social order is antagonistic to the female gender. If domestic violence is about control, then our society enables men’s control over women. As a whole, Labour’s policy has a tendency towards liberalism (with a small ‘l’!), thereby neglecting policies that might encourage equality. It is important to acknowledge the increased prominence of domestic violence, however, fundamentally the Government falls short on its claim to be ‘tackling domestic violence on every front’. When a woman makes the important step of leaving an abusive relationship she faces a society that opposes her at every turn – lower pay, little accessible childcare, and significantly inadequate housing – no wonder the relationship begins to look attractive again. How to cite New Labour claims to be ‘tackling domestic violence on every front’ (Home Office 2000), Papers

Introduction to Business Law Business Mortgage

Question: Describe about the Introduction to Business Law for Business Mortgage. Answer: The three legal issues that have been raised in this case are- Whether the guarantee and the mortgage, given by Amadios, were not enforceable because of the unconscionable conduct of the Commercial Bank of Australia. The issue that arose in the court was whether the guarantors were bound by the contract of guarantee considering the conditions in which they marked it. The third issue arose that whether there was any misrepresentation made by the Commercial Bank of Australia (Aust Lii, 1983). The three conclusions which were made by the appellate court were: There was an unconscionable conduct on part of the bank. This was the first conclusion on which, the bank had jumped (Brisbane Lawyers, 2016). The second conclusion was that the bank had the liability to disclose the full facts to the Amadios and there was when the Bank misrepresented. Amadios felt that their liability was fixed up till $50000. The Bank knew that the Amadios were not so appraised and also that their sons business was not flourishing. As it has been stated in various cases, the bank is under no obligation to disclose the facts to the surety. It is because there is no contract between the surety and the Bank. In fact, the Bank would be breaching its obligation of maintaining the confidentiality of the information about the customer in a case it discloses any of the facts. However, the Bank is under a duty to disclose all the facts, if the bank has made any special arrangement with the customer, which the surety cannot expect reasonable or natural. In the present case, there was an arrangement made between the customer and the Bank. It was regarding the leverage in the assigning of the overdraft limit. Therefore, herein the Bank was liable for misrepresentation and should have disclosed regarding this arrangement (ACL, 2016). The two facts that persuaded Justice Gibbs to come onto the conclusion that the bank had misrepresented by not disclosing the facts are- Firstly, the Bank did not disclose the mere fact that there was a special arrangement made between the bank and Vincenzo. The special arrangement was made in order to clear all the overdrafts. An immediate overdraft limit was to be given. This limit would be reduced in a week and further, it would be cleared off. The second fact which was stated by him was that the Bank had not merely dishonored the cheques instead they themselves became a party to their selective dishonor. The Bank wore a cloak and deceived the guarantors regarding the prosperity of the company. The ratio that was given by Mr. Gibbs was that the appellant that is the Bank should not succeed, as they had made a misrepresentation to the respondent that is Amadios. It was stated by him that the onus of proof should fall on the Bank, as the Bank would have to prove that the purchase was fair and reasonable and that the conduct of the Bank could not be excused as the respondents were poor and ignorant. Therefore, there was an absence of independent advice (Zhang, 2013).Therefore, the Bank was under an obligation to disclose all the material facts. Justice Mason stated that there was an unconscionable conduct on the part of the Commercial Bank of Australia. He gave the judgment on the fact that the Bank had defied the rules of equity and good conscience in order to gain a benefit under the transaction. The Bank took the advantage of an innocent party who was in an inferior position to that of the Bank and who also due to lack of any independent and voluntary will could not take a decision of its own. According to him, there was a gross inequality of the power of bargaining between the two parties in the given case. The judgment given by Justice Mason was different from the judgment given by Justice Gibbs as Justice Mason talked about the unconscionable bargain. He stated that the principles of equity were violated by the Bank while dealing with the respondents. Also, he stated that the respondents were not only at a disadvantage but there was a special disadvantage which affected them. The special disadvantage meant that the respondents could not by any chance know the actual situation and thereby were placed at a disadvantage by the Bank. The disability was of a special type. Therefore, the appellants should be held guilty (Australian Contract Law, 2013). As stated by Justice Mason there are various factors which has led to the evidence, that there is an inequality in the bargaining power- Firstly, the party who is innocent must be at a special disadvantage. The special disadvantage meant that they were unable to know their best interests. The disclosure was to be made by the bank and if it was made, the respondents would have never executed the contract. The respondents could not understand the language and therefore, they were placed in the disadvantageous position (Law Student , 2015). There is a difference in the understanding of the two judges regarding the two doctrines that is undue influence and unconscionable bargain. Justice Mason states that the difference between the two doctrines relates to the fact that, in undue influence there is no will whether independent or involuntary. However, in unconscionable bargain there is an independent and voluntary will but it is subdued by the superior party. According to Justice Deanne, the undue influence seeks the quality of the consent of the weaker party and the other doctrine that looks towards the conduct of the stronger party while dealing with another party suffering with a special disability (Moles Sangha, 2016). Justice Deanne stated that the conduct of the bank was unfair and unreasonable and that the Bank took the advantage of the special disadvantage of the respondents and therefore, it should be liable to quash the transaction unconditionally. This setting aside of the transaction would be done due to the application of the principles of equity. Also, there was a willful ignorance on part of the Bank (John Wiley Sons, 2016). The general test or the proper circumstance in which, the Bank would be deemed liable to the guarantor would be when there is any special arrangement between the Bank and the Customer and that the special arrangement has to be brought to the knowledge of the person who is becoming the guarantor. Also, the guarantor being under a special disadvantage should be told each and every material fact which would affect his decision and this should be done keeping in mind the principles of equity and fairness. References ACL, 2016. Commercial Bank of Australia v Amadio. [Online] Available at: https://www.australiancontractlaw.com/cases/amadio.html. Aust Lii, 1983. Commercial Bank of Australia Ltd v Amadio [1983] HCA 14; (1983) 151 CLR 447 (12 May 1983). [Online] Available at: https://www.austlii.edu.au/au/cases/cth/HCA/1983/14.html. Australian Contract Law, 2013. Commercial Bank of Australia v Amadio (1983) 151 CLR 447; [1983] HCA 14. [Online] Available at: https://www.australiancontractlaw.com/cases/amadio.html. Brisbane Lawyers, 2016. Unconscionable Conduct Under the Australian Consumer Law and Commercial Bank of Australia v Amadio. [Online] Available at: https://www.awbrisbanelawyers.com.au/unconscionable-conduct-under-the-australian-consumer-law-cba-amadio-lawyers-brisbane.html. John Wiley Sons, 2016. Commercial Bank of Australia Ltd v Amadio and another. [Online] Available at: https://www.johnwiley.com.au/highered/blaw/content110/case_summaries/bank_of_australia_vs_amadio.pdf. Law Student , 2015. Commercial Bank of Australia v Amadio. [Online] Available at: https://lawstudent.com.au/case/commonwealth/high-court-of-australia/commercial-bank-of-australia-v-amadio-1983-151-clr-447/. Moles, R.N. Sangha, B., 2016. Recent developments in unconscionability. [Online] Available at: https://netk.net.au/Contract/10Unconscionability.asp. Zhang, M., 2013. Commercial Bank of Australia Ltd v Amadio. [Online] Available at: https://globali.com/ro4xjujiiawj/commercial-bank-of-australia-ltd-v-amadio/.