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Evil eye
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Nazars, charms used to ward off the evil eye.
The evil eye is a curse believed to be cast by a malevolent glare, usually given to a person when they are unaware. Many cultures believe that receiving the evil eye will cause misfortune or injury.[1] Talismans created to protect against the evil eye are also frequently called "evil eyes".[2][3]
The idea expressed by the term causes many different cultures to pursue protective measures against it. The concept and its significance vary widely among different cultures, primarily in West Asia. The idea appears several times in rabbinic literature.[4] It was a widely extended belief among many Mediterranean and Asian tribes and cultures. Charms and decorations with eye-like symbols known as nazars, which are used to repel the evil eye, are a common sight across Armenia, Albania, Algeria, Tunisia, Turkey, Egypt, Iran, Iraq, Pakistan, Israel, Morocco, Greece, the Levant, Afghanistan, Syria, southern Spain, and Mexico, and have become a popular choice of souvenir with tourists.
Contents
[hide]
1 History
1.1 Classical antiquity
2 Around the world
3 Protective talismans and cures
3.1 In Islam
3.2 Assyrians
3.3 In Judaism
3.4 Turkey
3.5 Ethiopia
3.6 Pakistan
3.7 Greece
3.8 Italy
3.9 Spain and Latin America
3.9.1 Brazil
3.9.2 Mexico
3.10 India
3.11 United States
4 Media and press coverage
5 Names in various languages
6 See also
7 References
8 Further reading
9 External links
History[edit]
Belief in the evil eye dates back to Classical antiquity. It is referenced by Hesiod, Callimachus, Plato, Diodorus Siculus, Theocritus, Plutarch, Heliodorus, Pliny the Elder, and Aulus Gellius. Peter Walcot's Envy and the Greeks (1978) listed more than one hundred works by these and other authors mentioning the evil eye.
Classical antiquity[edit]
Roman-era mosaic from Antioch depicting a plethora of devices against the evil eye
Classical authors attempted to offer explanations for the evil eye. Plutarch's scientific explanation stated that the eyes were the chief, if not sole, source of the deadly rays that were supposed to spring up like poisoned darts from the inner recesses of a person possessing the evil eye. Plutarch treated the phenomenon of the evil eye as something seemingly inexplicable that is a source of wonder and cause of incredulity.
The belief in the evil eye during antiquity varied across different regions and periods. The evil eye was not feared with equal intensity in every corner of the Roman Empire. There were places in which people felt more conscious of the danger of the evil eye. In Roman times, not only were individuals considered to possess the power of the evil eye but whole tribes, especially those of Pontus and Scythia, were believed to be transmitters of the evil eye. The phallic charm called fascinum in Latin, from the verb fascinare, "to cast a spell" (the origin of the English word "fascinate"), was used against the evil eye.
The spreading in the belief of the evil eye across the Near East is believed by some to have been propagated by the Empire of Alexander the Great, which spread this and other Greek ideas across his empire.[citation needed]
Around the world[edit]
Tree with nazars in Cappadocia, Turkey.
Belief in the evil eye is strongest in West Asia, Latin America, East and West Africa, Central America, Central Asia, and Europe, especially the Mediterranean region; it has also spread to areas, including northern Europe, particularly in the Celtic regions, and the Americas, where it was brought by European colonists and West Asian immigrants.[citation needed]
Belief in the evil eye is found in the Islamic doctrine, based upon the statement of Prophet Muhammad, "The influence of an evil eye is a fact..." [Sahih Muslim, Book 26, Number 5427].[5] Authentic practices of warding off the evil eye are also commonly practiced by Muslims: rather than directly expressing appreciation of, for example, a child's beauty, it is customary to say Masha'Allah, that is, "God has willed it", or invoking God's blessings upon the object or person that is being admired.[6] A number of beliefs about the evil eye are also found in folk religion, typically revolving around the use of amulets or talismans as a means of protection.
In the Aegean Region and other areas where light-colored eyes are relatively rare, people with green eyes, and especially blue eyes, are thought to bestow the curse, intentionally or unintentionally.[7] Thus, in Greece and Turkey amulets against the evil eye take the form of blue eyes, and in the painting by John Phillip, below, we witness the culture-clash experienced by a woman who suspects that the artist's gaze implies that he is looking at her with the evil eye.
Among those who do not take the evil eye literally, either by reason of the culture in which they were raised or because they simply do not believe it, the phrase, "to give someone the evil eye" usually means simply to glare at the person in anger or disgust. The term has entered into common usage within the English language. Within the broadcasting industry it refers to when a presenter signals to the interviewee or co-presenter to stop talking due to a shortage of time.[8]
Protective talismans and cures[edit]
The Hamsa, a charm made to ward off the evil eye.
Attempts to ward off the curse of the evil eye has resulted in a number of talismans in many cultures. As a class, they are called "apotropaic" (Greek for "prophylactic" / προφυλακτικός or "protective", literally: "turns away") talismans, meaning that they turn away or turn back harm.
Disks or balls, consisting of concentric blue and white circles (usually, from inside to outside, dark blue, light blue, white, and dark blue) representing an evil eye are common apotropaic talismans in West Asia, found on the prows of Mediterranean boats and elsewhere; in some forms of the folklore, the staring eyes are supposed to bend the malicious gaze back to the sorcerer.
Known as nazar (Turkish: nazar boncuğu or nazarlık), this talisman is most frequently seen in Turkey, found in or on houses and vehicles or worn as beads.
Detail of a 19th-century Anatolian kilim, with rows of crosses (Turkish: Haç) and scattered S-shaped hooks (Turkish: Çengel), both to ward off the evil eye[9]
A blue or green eye can also be found on some forms of the hamsa hand, an apotropaic hand-shaped talisman against the evil eye found in West Asia. The word hamsa, also spelled khamsa and hamesh, means "five" referring to the fingers of the hand. In Jewish culture, the hamsa is called the Hand of Miriam; in some Muslim cultures, the Hand of Fatima. Though condemned as superstition by doctrinaire Muslims, it is almost exclusively among Muslims in the Near East and Mediterranean that the belief in envious looks containing destructive power or the talismanic power of a nazar to defend against them. To adherents of other faiths in the region, the nazar is an attractive decoration.
A variety of motifs to ward off the evil eye are commonly woven into tribal kilim rugs. Such motifs include a cross (Turkish: Haç) to divide the evil eye into four, a hook (Turkish: Çengel) to destroy the evil eye, or a human eye (Turkish: Göz) to avert the evil gaze. The shape of a lucky amulet (Turkish: Muska; often, a triangular package containing a sacred verse) is often woven into kilims for the same reason.[9]
In Islam[edit]
Evil eye, Isabat al-’ayn, is a common belief that individuals have the power to look at people, animals or objects to cause them harm. It is tradition among many Muslims that if a compliment is to be made one should say "Masha'Allah" (ما شاء الله) ("God has willed it.") and also "TabarakAllah" (تبارك الله) ("Blessings of God") to ward off the evil eye. Reciting Sura Ikhlas, Sura Al-Falaq and Sura Al-Nas from the Qur'an, three times after Fajr and after Maghrib is also used as a means of personal protection against the evil eye.[10] Still in Islam, Cheikh Ahmadou Bamba Founder of Muridism in Senegal, wrote a Qassida (prayers and duah) called "As Sindidi" ("The Generous Chief"), on which He praises God with these words against evil eye:[11] "Be He, who will protect me against the evil of the Jealous, the mischief of the evil whisperer, from the mischief of the envier when he envies. O Allah! Be my refuge against the evil of the magic, against the evil of the Jinn, and other venomous creatures. O Allah!" (in Arabic transcript):[12]
Assyrians[edit]
A Ruby Eye Pendant from an ancient civilization in Mesopotamia was possibly used as amulet to protect against evil eyes. Adilnor Collection.
Assyrians are also strong believers in the evil eye. They will usually wear a blue/turquoise bead around a necklace to be protected from the evil eye. Also, they might pinch the buttocks, comparable to Armenians. It is said that people with green or blue eyes are more prone to the evil eye effect.[citation needed][clarification needed] A simple and instant way of protection in European Christian countries is to make the sign of the cross with your hand and point two fingers, the index finger and the middle finger, towards the supposed source of influence or supposed victim as described in the first chapter of Bram Stoker's novel Dracula published in 1897:
When we started, the crowd round the inn door, which had by this time swelled to a considerable size, all made the sign of the cross and pointed two fingers towards me. With some difficulty, I got a fellow passenger to tell me what they meant. He would not answer at first, but on learning that I was English, he explained that it was a charm or guard against the evil eye.[13]
In Judaism[edit]
The evil eye is mentioned several times in the classic Pirkei Avot (Ethics of Our Fathers). In Chapter II, five disciples of Rabbi Yochanan ben Zakai give advice on how to follow the good path in life and avoid the bad. Rabbi Eliezer says an evil eye is worse than a bad friend, a bad neighbor, or an evil heart. Judaism believes that a "good eye" designates an attitude of good will and kindness towards others. Someone who has this attitude in life will rejoice when his fellow man prospers; he will wish everyone well.[14] An "evil eye" denotes the opposite attitude. A man with "an evil eye" will not only feel no joy but experience actual distress when others prosper, and will rejoice when others suffer. A person of this character represents a great danger to our moral purity.[15] Many Observant Jews avoid talking about valuable items they own, good luck that has come to them and, in particular, their children. If any of these are mentioned, the speaker and/or listener will say "b'li ayin hara" (Hebrew), meaning "without an evil eye", or "kein eina hara" (Yiddish; often shortened to "kennahara"), "no evil eye". Another way to ward off the evil eye is to spit three times (or pretend to). Romans call this custom "despuere malum," to spit at evil. [16]It has also been suggested[by whom?] the 10th commandment: "do not covet anything that belongs to your neighbor" is a law against bestowing the evil eye on another person.
Turkey[edit]
Main article: Nazar (amulet)
Traditionally shaped nazar ornaments
A typical nazar is made of handmade glass featuring concentric circles or teardrop shapes in dark blue, white, light blue and black, occasionally with a yellow/gold edge.[17]
As a legacy of the Turkish Ottoman Empire, it is a common sight in Turkey, Romania, Albania, Bosnia and Herzegovina, Bulgaria, Greece, Cyprus, Syria, Lebanon, Palestine, Israel, Egypt, Armenia, Iran, Pakistan, Afghanistan, Iraq and Azerbaijan,[18] where the nazar is often hung in homes, offices, cars, children's clothing, or incorporated in jewellery and ornaments.[17] They are a popular choice of souvenir with tourists.
Ethiopia[edit]
Main article: Buda (folk religion)
Belief in the evil eye, or buda (var. bouda), is widespread in Ethiopia.[19] Buda is generally believed to be a power held and wielded by those in a different social group, for example among the Beta Israel or metalworkers. Some Ethiopian Christians carry an amulet or talisman, known as a kitab, or will invoke God's name, to ward off the ill effects of buda.[20] A debtera, who is either an unordained priest or educated layperson, will create these protective amulets or talismans.[21][22]
Pakistan[edit]
In Pakistan, the evil eye is called Nazar (نظر). People usually may resort to reading the last three chapters of the Quran, namely Sura Ikhlas, Sura Al-Falaq and Sura Al-Nas. "Masha'Allah" (ما شاء الله) ("God has willed it.") is commonly said to ward off the evil eye. Understanding of evil eye varies by the level of education. Some perceive the use of black color to be useful in protecting from evil eye. Others use "taawiz" to ward off evil eye. Truck owners and other public transport vehicles may commonly be seen using a small black cloth on the bumpers to prevent evil eye.[23]
Greece[edit]
The evil eye, known as μάτι (mati), "eye", as an apotropaic visual device, is known to have been a fixture in Greece dating back to at least the 6th century BC, when it commonly appeared on drinking vessels.[24] In Greece, the evil eye is cast away through the process of xematiasma (ξεμάτιασμα), whereby the "healer" silently recites a secret prayer passed over from an older relative of the opposite sex, usually a grandparent. Such prayers are revealed only under specific circumstances, according to their customs those who reveal them indiscriminately lose their ability to cast off the evil eye. There are several regional versions of the prayer in question, a common one being: "Holy Virgin, Our Lady, if [insert name of the victim] is suffering of the evil eye, release him/her of it." Evil repeated three times. According to custom, if one is indeed afflicted with the evil eye, both victim and "healer" then start yawning profusely. The "healer" then performs the sign of the cross three times, and emits spitting-like sounds in the air three times. A very similar ritual can be found in neighboring Bulgaria.
Another "test" used to check if the evil eye was cast is that of the oil: under normal conditions, olive oil floats in water, as it is less dense than water. The test of the oil is performed by placing one drop of olive oil in a glass of water, typically holy water.[citation needed] If the drop floats, the test concludes there is no evil eye involved. If the drop sinks, then it is asserted that the evil eye is cast indeed. Another form of the test is to place two drops of olive oil into a glass of water. If the drops remain separated, the test concludes there is no evil eye, but if they merge, there is. There is also a third form where in a plate full of water the "healer" places three or nine drops of oil. If the oil drops become larger and eventually dissolve in the water there is evil eye. If the drops remain separated from water in a form of a small circle there isn't. The first drops are the most important and the number of drops that dissolve in water indicate the strength of the evil eye.
There is another form of the "test" where the "healer" prepares a few cloves by piercing each one with a pin. Then she lights a candle and grabs a pinned clove with a pair of scissors. She then uses it to do the sign of the cross over the afflicted whilst the afflicted is asked to think of a person who may have given him the evil eye. Then the healer holds the clove over the flame. If the clove burns silently, there is no evil eye present; however, if the clove explodes or burns noisily, that means the person in the thoughts of the afflicted is the one who has cast the evil eye.[citation needed] As the clove explodes, the evil eye is released from the afflicted. Cloves that burn with some noise are considered to be λόγια - words - someone foul-mouthing you that you ought to be wary of. The burned cloves are extinguished into a glass of water and are later buried in the garden along with the pins as they are considered to be contaminated. Greek people will also ward off the evil eye by saying φτου να μη σε ματιάξω! which translates to "I spit so that I won't give you the evil eye." Contrary to popular belief, the evil eye is not necessarily given by someone wishing you ill, but it stems from admiration. Since it is technically possible to give yourself the evil eye, it is advised to be humble.
The Greek Fathers accepted the traditional belief in the evil eye, but attributed it to the Devil and envy. In Greek theology, the evil eye or vaskania (βασκανία) is considered harmful for the one whose envy inflicts it on others as well as for the sufferer. The Greek Church has an ancient prayer against vaskania from the Megan Hieron Synekdemon (Μέγαν Ιερόν Συνέκδημον) book of prayers.[citation needed]
Italy[edit]
Various evil eye amulets from Italy such as the cornicello, cimaruta, and lunula (1895).
The cornicello, "little horn", also called the cornetto ("little horn", plural cornetti), is a long, gently twisted horn-shaped amulet. Cornicelli are usually carved out of red coral or made from gold or silver. The type of horn they are intended to copy is not a curled-over sheep horn or goat horn but rather like the twisted horn of an African eland or a chili pepper.[25]
One idea that the ribald suggestions made by sexual symbols distract the witch from the mental effort needed to successfully bestow the curse. Another is that since the effect of the eye was to dry up liquids, the drying of the phallus (resulting in male impotence) would be averted by seeking refuge in the moist female genitals. Among the ancient Romans and their cultural descendants in the Mediterranean nations, those who were not fortified with phallic charms had to make use of sexual gestures to avoid the eye. Such gestures include the mano cornuta gesture and the fig sign; a fist with the thumb pressed between the index and middle fingers, representing the phallus within the vagina. In addition to the phallic talismans, statues of hands in these gestures, or covered with magical symbols, were carried by the Romans as talismans. In Latin America, carvings of the fist with the thumb pressed between the index and middle fingers continue to be carried as good luck charms.
Two handsigns (fig sign and horned sign) used in Italy against the evil eye (1914).
The wielder of the evil eye, the jettatore, is described as having a striking facial appearance, high arching brows with a stark stare that leaps from his black eyes. He often has a reputation for clandestine involvement with dark powers and is the object of gossip about dealings in magic and other forbidden practices. Successful men having tremendous personal magnetism quickly gain notoriety as jettatori. Pope Pius IX was dreaded for his evil eye, and a whole cycle of stories about the disasters that happened in his wake were current in Rome during the latter decades of the 19th century. Public figures of every type, from poets to gangsters, have had their specialized abilities attributed to the power of their eyes.[26]
Spain and Latin America[edit]
The evil eye or 'Mal de Ojo' has been deeply embedded in Spanish popular culture throughout its history and Spain is the origin of this superstition in Latin America.
In Mexico and Central America, infants are considered at special risk for the evil eye (see mal de ojo, above) and are often given an amulet bracelet as protection, typically with an eye-like spot painted on the amulet. Another preventive measure is allowing admirers to touch the infant or child; in a similar manner, a person wearing an item of clothing that might induce envy may suggest to others that they touch it or some other way dispel envy.
One traditional cure in rural Mexico involves a curandero (folk healer) sweeping a raw chicken egg over the body of a victim to absorb the power of the person with the evil eye. The egg is later broken into a glass with water and placed under the bed of the patient near the head. Sometimes it is checked immediately because the egg appears as if it has been cooked. When this happens it means that the patient did have Mal De Ojo. Somehow the Mal De Ojo has transferred to the egg and the patient immediately gets well. (Fever, pain and diarrhea, nausea/vomiting goes away instantly) In the traditional Hispanic culture of the Southwestern United States and some parts of Mexico, the egg may be passed over the patient in a cross-shaped pattern all over the body, while reciting The Lord's Prayer. The egg is also placed in a glass with water, under the bed and near the head, sometimes it is examined right away or in the morning and if the egg looks like it has been cooked then it means that they did have Mal de Ojo and the patient will start feeling better. Sometimes if the patient starts getting ill and someone knows that they had stared at patient, usually a child, if the person who stared goes to the child and touches them, the child's illness goes away immediately so the Mal De Ojo energy is released.[27]
In some parts of South America the act of ojear, which could be translated as to give someone the evil eye, is an involuntary act. Someone may ojear babies, animals and inanimate objects just by staring and admiring them. This may produce illness, discomfort or possibly death on babies or animals and failures on inanimate objects like cars or houses. It's a common belief that since this is an involuntary act made by people with the heavy look, the proper way of protection is by attaching a red ribbon to the animal, baby or object, in order to attract the gaze to the ribbon rather than to the object intended to be protected.[28]
Brazil[edit]
Brazilians generally will associate mal-olhado, mau-olhado ("act of giving a bad look") or olho gordo ("fat eye" i.e. "gluttonous eye") with envy or jealousy on domestic and garden plants (that, after months or years of health and beauty, will suddenly weaken, wither and die, with no apparent signs of pest, after the visitation of a certain friend or relative), attractive hair and less often economic or romantic success and family harmony.
Unlike in most cultures mal-olhado is not seen to be something that risks young babies. "Pagans" or non-baptized children are instead assumed to be at risk from bruxas (witches), that have malignant intention themselves rather than just mal-olhado. It probably reflects the Galician folktales about the meigas or Portuguese magas, (witches), as Colonial Brazil was primarily settled by Portuguese people, in numbers greater than all Europeans to settle pre-independence United States. Those bruxas are interpreted to have taken the form of moths, often very dark, that disturb children at night and take away their energy. For that reason, Christian Brazilians often have amulets in the form of crucifixes around, beside or inside beds where children sleep.
Nevertheless, older children, especially boys, that fulfill the cultural ideals of behaving extremely well (for example, having no problems whatsoever in eating well a great variety of foods, being obedient and respectful toward adults, kind, polite, studious, and demonstrating no bad blood with other children or their siblings) who unexpectedly turn into problematic adolescents or adults (for example lacking good health habits, extreme laziness or lacking motivation towards their life goals, having eating disorders, or being prone to delinquency), are said to have been victims of mal-olhado coming from parents of children whose behavior was not as admirable.
Amulets that protect against mal-olhado tend to be generally resistant, mildly to strongly toxic and dark plants in specific and strategic places of a garden or the entry to a house. Those include comigo-ninguém-pode ("against-me-nobody-cans"), Dieffenbachia (the dumbcane), espada-de-são-jorge ("St. George's sword"), Sansevieria trifasciata (the snake plant or mother-in-law's tongue) and guiné ("Guinea"), among various other names, Petiveria alliacea (the guinea henweed). For those lacking in space or wanting to "sanitize" specific places, they may all be planted together in a single sete ervas ("seven [lucky] herbs") pot, that will also include arruda (common rue), pimenteira (Capsicum annuum), manjericão (basil) and alecrim (rosemary).[29] (Though the last four ones should not be used for their common culinary purposes by humans.) Other popular amulets against evil eye include: the use of mirrors, on the outside of your home's front door, or also inside your home facing your front door; an elephant figurine with its back to the front door; and coarse salt, placed in specific places at home.[30]
Mexico[edit]
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Mal ojo often occurs without the dimension of envy, but insofar as envy is a part of ono, it is a variant of this underlying sense of insecurity and relative vulnerability to powerful, hostile forces in the environment. In her study of medical attitudes in the Santa Clara Valley of California, Margaret Clark arrives at essentially the same conclusion: "Among the Spanish-speaking folk of Sal si Puedes, the patient is regarded as a passive and innocent victim of malevolent forces in his environment. These forces may be witches, evil spirits, the consequences of poverty, or virulent bacteria that invade his body. The scapegoat may be a visiting social worker who unwittingly 'cast the evil eye' ... Mexican folk concepts of disease are based in part on the notion that people can be victimized by the careless or malicious behavior of others".[citation needed]
Another aspect of the mal ojo syndrome in Ixtepeji is a disturbance of the hot-cold equilibrium in the victim. According to folk belief, the bad effects of an attack result from the "hot" force of the aggressor entering the child's body and throwing it out of balance. Currier has shown how the Mexican hot-cold system is an unconscious folk model of social relations upon which social anxieties are projected. According to Currier, "the nature of Mexican peasant society is such that each individual must continuously attempt to achieve a balance between two opposing social forces: the tendency toward intimacy and that toward withdrawal. [It is therefore proposed] that the individual's continuous preoccupation with achieving a balance between 'heat' and 'cold' is a way of reenacting, in symbolic terms, a fundamental activity in social relations."[31]
India[edit]
Main article: Nazar Battu
In North India, the evil eye is called "Drishti" (meaning gaze or vision) or more commonly as Buri Nazar. A charm bracelet, tattoo or other object (Nazar battu), or a slogan (Chashme Baddoor (slogan)), may be used to ward-off the evil eye. Some truck owners write the slogan to ward off the evil eye: "buri nazar wale tera muh kala" ("O evil-eyed one, may your face turn black").
In general in India, if gone through time up to historical myths, babies and newborn infants will have their eye adorned with kajal, or eyeliner. This would be black, as it is believed in India that black wards off the evil eye or any evil auras. In South India (Andhra Pradesh), people call it as 'Disti' or 'Drusti'. To remove Disti people follow several methods based on their culture/area. Items used to remove Disti either Rock salt or Red chilies or Oiled cloth. Taking one of this item, people remove Disti by rotating their hand with one of the item above around the person who affected by Disti and they will burn the item.[32]
United States[edit]
In 1946, the American magician Henri Gamache published a text called Terrors of the Evil Eye Exposed! (later reprinted as Protection against Evil), which offers directions to defend oneself against the evil eye.[33]
Media and press coverage[edit]
In some cultures over-complimenting is said to cast a curse. So does envy. Since ancient times such maledictions have been collectively called the evil eye. According to the book The Evil Eye by folklorist Alan Dundes,[34] the belief's premise is that an individual can cause harm simply by looking at another's person or property. However, protection is easy to come by with talismans that can be worn, carried, or hung in homes, most often incorporating the contours of a human eye. In Aegean countries, people with light-colored eyes are thought to be particularly powerful, and amulets in Greece and Turkey are usually blue orbs. Indians, Muslims, and Jews use charms with palm-forward hands with an eye in the center; Italians employ horns, phallic shapes meant to distract spell casters.[35]
Names in various languages[edit]
In most languages, the name translates literally into English as "bad eye", "evil eye", "evil look", or just "the eye". Some variants on this general pattern from around the world are:
In Albanian it is known as "syri i keq" (Standart and Tosk), or as "syni keq" (Gheg) meaning "bad eye". Also "mësysh" is used commonly, meaning "cast an evil eye".
In Arabic, ʿayn al-ḥasūd, عين الحسود, "the eye of envy". ʿAyn ḥārrah (عين حارّة) is also used, literally translating to "hot eye".
In Armenian, char atchk (չար աչքն) "evil eye" or "bad eye". Regarding the act of giving an evil gaze, it is said (directly translated), "to give with the eye" or in Armenian, "atchkov tal".
In Azerbaijani, "Göz dəyməsi" – translating as being struck by an eye
In Chinese it is called 邪惡之眼 (Hant) / 邪恶之眼 (Hans) (xié è zhī yǎn, literally "evil eye")
In Dutch it is called "het boze oog", literally "the malicious eye" or "the angry eye"
In Galician, it is called "meigallo", from meiga, "witch" (and maybe -allo, diminutive or aumentative suffix; or contracted with either ollo, "eye"; or allo, "garlic").
In German, it is called "böser Blick", literally "evil gaze".
In Greek, to matiasma (μάτιασμα) or mati (μάτι) someone refers to the act of casting the evil eye (mati being the Greek word for eye); also: vaskania (βασκανία, the Greek word for jinx)[36]
In Hebrew, ʿáyin hā-ráʿ (עַיִן הָרַע, "eye of evil")
In Hindustani and other languages of South Asia, (Hindi: nazar (नज़र); nazar lagna (नज़र लगना)) means to be afflicted by the evil eye. (However, it generally has no evil connotations because a doting mother's eye can supposedly also cause harm.) In Urdu, another variant of Hindustani, nazar" (نظر)"Chashm-é bad"( چشمِ بد) ; nazar lagna means to be afflicted by the evil eye.
In Hungarian, gonosz szem means "evil eye", but more widespread is the expression szemmelverés (lit. "beating with eye"), which refers to the supposed/alleged act of harming one by an evil look
In Irish, the term drochshúil is used for the 'evil eye', being a compound of 'droch' (bad, poor, evil, ill) and 'súil (eye). This can also be used to refer to someone with weak eyesight.
In Italian, the word malocchio refers to the evil eye.
In Japanese it is known as "邪視" ("jashi").
In Kannada, it is called "drishti". (But cf. "Drishti (yoga)".)
In Ke/Tz Luo, it is called "Sihoho/Juog wang'".
In Macedonian it is known as урокливо око.
In Malayalam it is known as kannu veykkuka – to cast an evil eye while "kannu peduka" means to be on the receiving end of the malefic influence. "kannu dosham" refers to a bad effect caused by an evil eye.
In Neapolitan it is known as "'o mma'uocchje" which translates literally into "the evil/bad/maleficent eye", which afflicts people, especially women and children who are supposedly the most vulnerable, with multiple issues and problems, stemming from pre-natal issues, miscarriages, early childhood death or sickness or death of a mother during birth, as well as afflicting women with infertility, sexual problems, early widowhood, etc., while afflicted men suffer from cancer, laziness, greed, gluttony, and other diseases, disabilities and ailments.
In Persian it is known as "چشم زخم" (injurious look/eyes causing injury) or "چشم شور" (omen eye)[37] "Cheshmeh Hasood", meaning Jealous eye, or "Cheshme Nazar" meaning evil eye.
In Polish it is known as "złe oko" or "złe spojrzenie".
In Pashto it is known as"بدو سترګو وهل"(bado stargo wahal)and also "نظر وهل"(Nazar wahal)
In Portuguese, it is called "mau olhado", ou "olho gordo" (literally "fat eye"). The first expression is used in Portugal and second one is more common in Brazil.
In Romanian, it is known as "deochi", meaning literally "un-eye".
In Russian, "дурной глаз" (durnoy glaz) means "bad/evil eye"; "сглаз" (sglaz) literally means "from eye".
In Sanskrit, an ancient Indo-Aryan language, it is called "drishti dosha" (दृष्टि दोष) meaning malice caused by evil eye. (But cf. "drishti (yoga)".)
In Serbo-Croatian (Serbian, Croatian, Bosnian and Montenegrin), it is called Urokljivo oko (Cyr. Урокљиво око).[38] First word is adjective of the word urok/урок, which means spell or curse, and the second one means eye.
In Somali, it is called "il", or "Ilaaco" or "Qumayo" ( first word literally meaning "eye" and the other two words meaning envy eye)
In Spanish, mal de ojo literally means "evil from the eye" as the name does not refer to the actual eye but to the evil that supposedly comes from it. Casting the evil eye is then echar mal de ojo, i.e. "to cast evil from the eye".[39]
In Tamil, "கண் படுதல்" (kan padudhal) literally means "casting an eye" (with an intention to cause harm). "கண்ணூறு" (kannooru) "harm from the eye"
In Turkish kem göz means evil eye and the cure is having a "nazar boncuğu", the nazar amulet.
See also[edit]
John Phillip, The Evil Eye (1859), a self-portrait depicting the artist sketching a Spanish gypsy who thinks she is being given the evil eye.
Amulet
Balor of the Evil Eye – a character in Irish legend
Basilisk – Death glance/petrifying glance
Cockatrice – Death glance/petrifying glance
Cornicello – Italian amulet used to ward off the evil eye
Envy
Eye bead
Eye of Horus – an Ancient Egyptian symbol of protection and power against evil.
Eye of Providence – a symbol showing an eye surrounded by rays of light or a glory, and usually enclosed by a triangle.
Eye of Sauron – a fictional eye from The Lord of the Rings by J. R. R. Tolkien
Hamsa
Harmal
Lashon hara – Jewish concept of the "evil tongue"
Matthew 6:23 "If thine eye be evil" – The evil eye as ungenerosity of spirit, hence darkness / blindness / evil itself. (A saying of Jesus.)
Medusa and Gorgon – Petrification glance (Stone glance), picture also used on as protection from evil eye.
Mirror armour, which is believed as protection not from only cold steel and arrows, but also from evil eye
Nazar
Chasme Battu – from North India and Pakistan
Red string (Kabbalah)
Scopophobia
Sign of the horns – horned hand gesture used for warding off the Evil Eye and other purposes
Thousand mile stare – a relatively common phenomenon that may be mistaken for the evil eye.
Usog – a Filipino version.
References[edit]
Jump up ^ Ross, C (2010). "Hypothesis:The Electrophysicological Basis of the Evil Eye Belief". Anthropology of Consciousness. 21: 47. doi:10.1111/j.1556-3537.2010.01020.x.
Jump up ^ "Definition for "evil eye" from Merriam Webster Dictionary". Merriam-webster.com. 2012-08-31.
Jump up ^ "evil eye (occult)". Encyclopædia Britannica.
Jump up ^ Ulmer, Rivka (1994). KTAV Publishing House, Inc., ed. The evil eye in the Bible and in rabbinic literature. p. 176. ISBN 0-88125-463-0.
Jump up ^ "USC-MSA Compendium of Muslim Texts". Usc.edu.
Jump up ^ "Du'a – What to say when in fear of afflicting something or someone with one?s eye". Makedua.com.
Jump up ^ Cora Lynn Daniels, et al., eds, Encyclopædia of Superstitions, Folklore, and the Occult Sciences of the World (Volume III), p. 1273, Univ. Press of the Pacific, Honolulu, ISBN 1-4102-0916-4
Jump up ^ "He may sound like a Dalek doing a bad impression of Kenneth Williams, but why DO so many BBC stars want to exterminate Pesto?". Daily Mail. 18 November 2011.
^ Jump up to: a b Erbek, Güran (1998). Kilim Catalogue No. 1. May Selçuk A. S. Edition=1st.
Jump up ^ Definition of the evil eye, and ways of protecting oneself against it and treating it, Islam Questions and Answers
Jump up ^ Sindidi. Daaraykamil.com
Jump up ^ Sindidi. Al-himma.com
Jump up ^ Dracula, Bram Stoker's novel 1897 edition online. p. ?
Jump up ^ "Evil Eye in Judaism". My Jewish Learning.
Jump up ^ Chapters of the Fathers, Translation & Commentary by Samson Raphael Hirsch, Feldheim Publishers, ISBN 0-87306-182-9 pg. 32
Jump up ^ Joyce Eisenberg and Ellen Scolnic. "The Whole Spiel: Funny essays about digital nudniks, seder selfies and chicken soup memories," Incompra Press, ISBN 978-0-692-72625-9 pg. 153
^ Jump up to: a b Lonely Planet Middle East.Lonely Planet; 6 edition, 2009, p. 559.
Jump up ^ Stoltz, Dustin (May 26, 2012). "The Evil Eye and Mountain Karma in Azerbaijan". www.dustinstoltz.com.
Jump up ^ Turner, John W. "Ethiopian Orthodox Christianity: Faith and practices". A Country Study: Ethiopia. Thomas P. Ofcansky and LaVerle Berry, eds. Washington: Library of Congress Federal Research Division, 1991.
Jump up ^ Kemp, Charles. "Ethiopians & Eritreans." Refugee Health – Immigrant Health. Waco, TX: Baylor University.
Jump up ^ Finneran, Niall. "Ethiopian Evil Eye Belief and the Magical Symbolism of Iron Working." Folklore, Vol. 114, 2003.
Jump up ^ Geleta, Amsalu Tadesse. "Case Study: Demonization and the Practice of Exorcism in Ethiopian Churches Archived 2010-01-01 at the Wayback Machine.". Lausanne Committee for World Evangelization, Nairobi, August 2000.
Jump up ^ Ghilzai, S.A., and Kanwal, A. (2016) Semiotic Analysis of Evil Eye Beliefs among Pakistani Cultures and their Predetermined Behaviour. Research Issues in social sciences, 47-67.
Jump up ^ Merriam-Webster. Merriam-Webster's Encyclopedia of World Religions. 2000, p. 69. ISBN 0877790442.
Jump up ^ Lucky Mojo. "The Corno (Italian Horn Amulet)". Retrieved 9 February 2015.
Jump up ^ Maloney, Clarence. The Evil Eye. New York: Columbia UP, 1976. p. 29. ISBN 0-231-04006-7.
Jump up ^ "Medical Anthropology: Explanations of Illness". Archived from the original on 2012-08-17.
Jump up ^ Flórez, Franz. "El Mal de Ojo de la Etnografía Clásica y La Limpia Posmoderna" (PDF). Archived from the original (PDF) on 2011-07-27.
Jump up ^ Guizetti, Franco. "Conheça o poder e a proteção das sete ervas" (in Portuguese). Retrieved Jan 19, 2012.
Jump up ^ Caires, Olivia. "Proteja sua casa do mau olhado" (in Portuguese). Retrieved February 22, 2015.
Jump up ^ Maloney, Clarence. The Evil Eye. New York: Columbia UP, 1976. p. 184. ISBN 0-231-04006-7.
Jump up ^ Amariglio, Jack; Cullenberg, Stephen E; Ruccio, David F (2013). Post-Modernism, Economics and Knowledge. Routledge. pp. 217–. ISBN 978-1-134-83668-0.
Jump up ^ Gamache, Henri (1946) Terrors of the Evil Eye Exposed Raymond Publishing, New York, OCLC 9989883; reprinted in 1969 as Protection Against Evil Dorene, Dallas, Texas, OCLC 39132235
Jump up ^ Dundes, Alan (ed.) (1992) The Evil Eye: A Casebook University of Wisconsin Press, Madison, Wisconsin, ISBN 0-299-13334-6; originally published in 1981 by Garland Publishing, New York
Jump up ^ Rizzo, Johnna (April 2013) National Geographic Magazine
Jump up ^ Vaskania (Βασκανία) in Εγκυκλοπαιδικό Λεξικό Ελευθερουδάκη, (Encyclopedic Lexicon Eleftheroudakis) ed. 1928
Jump up ^ loghatnaameh.com. "Dictionary of Dehkhoda – لغت‌نامه دهخدا". Loghatnaameh.com. Archived from the original on 2011-07-18.
Jump up ^ "Hakim Bey: Urokljivo oko (evil eye)". Kontrapunkt. February 7, 2006. Retrieved 3 January 2011.
Jump up ^ "Real Academia Española de la Lengua. Diccionario Usual" (in Spanish). Buscon.rae.es.
Further reading[edit]
Borthwick, E. Kerr (2001) "Socrates, Socratics, and the Word ΒΛΕΠΕΔΑΙΜΩΝ" The Classical Quarterly New Series, 51(1): pp. 297–301
Dickie, Mathew W. (January 1991) "Heliodorus and Plutarch on the Evil Eye" Classical Philology 86(1): pp. 17–29
Elliott, John H. (2015) Beware the Evil Eye: The Evil Eye in the Bible and the Ancient World: Volume 1: Introduction, Mesopotamia, and Egypt. Eugene, OR: Cascade.
Elliott, John H. (2016) Beware the Evil Eye: The Evil Eye in the Bible and the Ancient World: Volume 2: Greece and Rome. Eugene, OR: Cascade.
Elworthy, Frederick Thomas (1895) The Evil Eye. An Account of this Ancient & Widespread Superstition John Murray, London, OCLC 2079005; reprinted in 2004 as: The Evil Eye: The Classic Account of an Ancient Superstition Dover Publications, Mineola, New York, ISBN 0-486-43437-0 (online text)
Gifford, Edward S. (1958) The Evil Eye: Studies in the Folklore of Vision Macmillan, New York, OCLC 527256
Jones, Louis C. (1951) "The Evil Eye among European-Americans" Western Folklore 10(1): pp. 11–25
Limberis, Vasiliki (April 1991) "The Eyes Infected by Evil: Basil of Caesarea's Homily" The Harvard Theological Review 84(2): pp. 163–184
Lykiardopoulos, Amica (1981) "The Evil Eye: Towards an Exhaustive Study" Folklore 92(2): pp. 221–230
Meerloo, Joost Abraham Maurits (1971) Intuition and the Evil Eye: The Natural History of a Superstition Servire, Wassenaar, Netherlands, OCLC 415660
Slone, Kathleen Warner and Dickie, M.W. (1993) "A Knidian Phallic Vase from Corinth" Hesperia 62(4): pp. 483–505
Mal de ojo
External links[edit]
This article's use of external links may not follow Wikipedia's policies or guidelines. Please improve this article by removing excessive or inappropriate external links, and converting useful links where appropriate into footnote references. (March 2017) (Learn how and when to remove this template message)
Look up evil eye in Wiktionary, the free dictionary.
Wikisource has the text of the 1911 Encyclopædia Britannica article Evil Eye.
Wikimedia Commons has media related to Evil eye.
The Evil Eye Protection in History
The Evil Eye Meaning
A Discourse on the Worship of Priapus by Richard Payne Knight (1786), mentions phallic charms against the Evil Eye in ancient Rome.
The Evil Eye at Fortean Times
The Evil Eye by Frederick Thomas Elworthy
Evil Eye by Hakim Bey
What is an "Ayin Hara" (evil eye)? – "Ask the Rabbi" at Ohr Somayach
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Anterior interventricular branch of left coronary artery
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Anterior interventricular branch of left coronary artery
Sternocostal surface of heart. Anterior descending branch labeled at upper right
Details
Source
left coronary artery
Branches
septals, diagonals
Supplies
anterolateral myocardium, apex, interventricular septum, 45-55% of the left ventricle (LV)
Identifiers
Latin
ramus interventricularis anterior arteriae coronariae sinistrae
TA
A12.2.03.202
FMA
3862
Anatomical terminology
[edit on Wikidata]
The anterior interventricular branch of left coronary artery, (also left anterior descending artery (LAD), or anterior descending branch) is a branch of the left coronary artery. Occlusion of this artery is often called the widow-maker infarction due to a high death risk.[1]
Contents
[hide]
1 Structure
1.1 Branches
2 Function
3 Widow maker
4 Additional images
5 References
6 External links
Structure[edit]
It passes at first behind the pulmonary artery and then comes forward between that vessel and the left atrium to reach the anterior interventricular sulcus, along which it descends to the notch of cardiac apex.
Although rare, multiple anomalous courses of the LAD have been described. These include the origin of the artery from the right aortic sinus.[2]
In 78% of cases, it reaches the apex of the heart.
Branches[edit]
The LAD gives off two types of branches: septals and diagonals.
Septals originate from the LAD at 90 degrees to the surface of the heart, perforating and supplying the anterior 2/3rds of the interventricular septum.
Diagonals run along the surface of the heart and supply the lateral wall of the left ventricle and the anterolateral papillary muscle.
Function[edit]
The artery supplies the anterolateral myocardium, apex, and interventricular septum. The LAD typically supplies 45-55% of the left ventricle (LV) and is therefore considered the most critical vessel in terms of myocardial blood supply.
Tight, critical stenosis (95%) of the proximal LAD in a patient with Wellens' Warning
Widow maker[edit]
Further information: Wellens' sign
The widow maker is an alternate name for the anterior interventricular branch of the left coronary artery.[3][1] The name widow maker may also apply to the left coronary artery[4] or severe occlusions to that artery.[5][6]
This term is used because the left main coronary and/or the left anterior descending supply blood to large areas of the heart. This means that if these arteries are abruptly and completely occluded it will cause a massive heart attack that will likely lead to sudden death. The blockage that kills is made up of platelets streaming to the site of a ruptured cholesterol plaque. Even a small amount of plaque in this area can (for a variety of poorly understood reasons) rupture and cause death; bypassing chronic blockages or trying to open them up with angioplasty does not prevent heart attack but it can restore blood flow in case of a sudden blockage or heart attack and if performed within a rapid time period can minimize the damage done. An example of the devastating results of a complete occlusion of the LAD artery was the sudden death of former NBC News Washington Bureau Chief Tim Russert.[7]
From the minute a widow maker heart attack hits, survival time ranges from minutes to several hours. Rapidly progressing symptoms should signal the need for immediate attention. Symptoms of initial onset may include nausea, shortness of breath, pain in the head, jaw, arms or chest, numbness in fingers, often of a novel but imprecise sensation which builds with irregular heart beat. Early symptoms may be mistaken for food poisoning, flu or general malaise until they intensify. A widow maker cannot kill instantly but induces cardiac arrest which may do so within 10 to 20 minutes of no circulation. A victim with no pulse or breath is still alive, living off oxygen stored in the blood and may be able to be rescued if treatment is begun promptly within this window.[8]
Additional images[edit]
Coronary arteries (labeled in red text)
The arch of the aorta, and its branches.
Heart attack
Cardiac vessels
Human heart with coronary arteries
Heart coronary territories
References[edit]
This article incorporates text in the public domain from page 547 of the 20th edition of Gray's Anatomy (1918)
^ Jump up to: a b Topol, Eric J.; Califf, Robert M. (2007). Textbook of Cardiovascular Medicine. Lippincott Williams & Wilkins. p. 283. ISBN 9780781770125. Retrieved 6 November 2014. The most worrisome type is the proximal left anterior descending (LAD) MI, often referred to as the widow-maker infarction, which carries a high mortality and is attributed to an occlusion of the LAD before or at the first septal perforator.
Jump up ^ Ropers, D. (12 February 2002). "Anomalous Course of the Left Main or Left Anterior Descending Coronary Artery Originating From the Right Sinus of Valsalva: Identification of Four Common Variations by Electron Beam Tomography". Circulation. 105 (6): 42e–43. doi:10.1161/hc0602.102020.
Jump up ^ Lewis, Kathryn (1 December 2009). Multiple Lead ECGs: A Practical Analysis of Arrhythmias. Cengage Learning. p. 10. ISBN 9781435441248. Retrieved 6 November 2014. The LAD is frequently implicated in sudden cardiac death, predominantly in adult males. Clinicians often refer to the LAD as the widow maker because obstruction here predisposes to a high incidence of sudden death.
Jump up ^ Barbara J. Aehlert; Robert Vroman (2011). "22". Paramedic Practice Today: Above and Beyond (1st ed.). Jones & Bartlett Publishers. p. 819. ISBN 978-0-323-08535-9. Retrieved 2 March 2015.
Jump up ^ Richard Beebe; Jeff Myers (11 December 2009). "34". Professional Paramedic, Volume I: Foundations of Paramedic Care. Cengage Learning. p. 764. ISBN 1-4283-2345-7. Retrieved 2 March 2015.
Jump up ^ Carlos S Restrepo; Dianna M. E. Bardo (1 January 2011). Cardiac Imaging. Thieme. p. 188. ISBN 978-1-60406-186-4. Retrieved 2 March 2015.
Jump up ^ Morgan, David (June 13, 2008). "TV newsman Tim Russert dies of heart attack". Reuters. Archived from the original on June 24, 2008. Retrieved June 13, 2008.
Jump up ^ Kearl, Mary (June 2009). "Surviving a Widow-Maker Heart Attack". AOL Health. Retrieved June 2009. Check date values in: |access-date= (help)
External links[edit]
Anatomy photo:20:09-0102 at the SUNY Downstate Medical Center - "Heart: The Left Coronary Artery and its Branches"
Anatomy figure: 20:03-08 at Human Anatomy Online, SUNY Downstate Medical Center - "Anterior view of the heart."
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text:
Standard form contract
From Wikipedia, the free encyclopedia
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This article needs additional citations for verification. Please help improve this article by adding citations to reliable sources. Unsourced material may be challenged and removed. (May 2010) (Learn how and when to remove this template message)
Contract law
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A standard form contract (sometimes referred to as a contract of adhesion, a leonine contract, a take-it-or-leave-it contract, or a boilerplate contract) is a contract between two parties, where the terms and conditions of the contract are set by one of the parties, and the other party has little or no ability to negotiate more favorable terms and is thus placed in a "take it or leave it" position.
While these types of contracts are not illegal per se, there exists a very real possibility for unconscionability. In addition, in the event of an ambiguity, such ambiguity will be resolved contra proferentem against the party drafting the contract language.
Contents
[hide]
1 Theoretical issues
2 Common law status
2.1 United States
2.1.1 Generally
2.1.2 Contracts of adhesion
2.1.3 Shrink wrap contracts
2.2 Canada
2.3 Australia
2.4 India
3 Legislation
3.1 United Kingdom
3.2 Israel
3.3 Lithuania
4 Civil law countries
4.1 Russia
5 See also
6 References
7 External links
Theoretical issues[edit]
There is much debate on a theoretical level whether, and to what extent, courts should enforce standard form contracts.
On one hand, they undeniably fulfill an important role of promoting economic efficiency. Standard form contracting reduces transaction costs substantially by precluding the need for buyers and sellers of goods and services to negotiate the many details of a sale contract each time the product is sold.
On the other hand, there is the potential for inefficient, and even unjust, terms to be accepted by signatories to these contracts. Such terms might be seen as unjust if they allow the seller to avoid all liability or unilaterally modify terms or terminate the contract.[1] These terms often come in the form of, but are not limited to, forum selection clauses and mandatory arbitration clauses, which can limit or foreclose a party's access to the courts; and also liquidated damages clauses, which set a limit to the amount that can be recovered or require a party to pay a specific amount. They might be inefficient if they place the risk of a negative outcome, such as defective manufacturing, on the buyer who is not in the best position to take precautions.
There are a number of reasons why such terms might be accepted:[2][3]
Standard form contracts are rarely read
Lengthy boilerplate terms are often in fine print and written in complicated legal language which often seems irrelevant. The prospect of a buyer finding any useful information from reading such terms is correspondingly low. Even if such information is discovered, the consumer is in no position to bargain as the contract is presented on a “take it or leave it” basis. Coupled with the often large amount of time needed to read the terms, the expected payoff from reading the contract is low and few people would be expected to read it.
Access to the full terms may be difficult or impossible before acceptance
Often the document being signed is not the full contract; the purchaser is told that the rest of the terms are in another location. This reduces the likelihood of the terms being read and in some situations, such as software license agreements, can only be read after they have been notionally accepted by purchasing the good and opening the box. These contracts are typically not enforced, since common law dictates that all terms of a contract must be disclosed before the contract is executed.
Boilerplate terms are not salient
The most important terms to purchasers of a good are generally the price and the quality, which are generally understood before the contract of adhesion is signed. Terms relating to events which have very small probabilities of occurring or which refer to particular statutes or legal rules do not seem important to the purchaser. This further lowers the chance of such terms being read and also means they are likely to be ignored even if they are read.
There may be social pressure to sign
Standard form contracts are signed at a point when the main details of the transaction have either been negotiated or explained. Social pressure to conclude the bargain at that point may come from a number of sources. The salesperson may imply that the purchaser is being unreasonable if they read or question the terms, saying that they are "just something the lawyers want us to do" or that they are wasting their time reading them. If the purchaser is at the front of a queue (for example at an airport car rental desk) there is additional pressure to sign quickly. Finally, if there has been negotiation over price or particular details, then concessions given by the salesperson may be seen as a gift which socially obliges the purchaser to respond by being co-operative and concluding the transaction.
Standard form contracts may exploit unequal power relations
If the good which is being sold using a contract of adhesion is one which is essential or very important for the purchaser to buy (such as a rental property or a needed medical item) then the purchaser might feel they have no choice but to accept the terms. This problem may be mitigated if there are many suppliers of the good who can potentially offer different terms (see below), although even this is not always possible (for instance, a college freshman may be required to sign a standard-form dormitory rental agreement and accept its terms, because the college will not allow a freshman to live off-campus).
Some contend that in a competitive market, consumers have the ability to shop around for the supplier who offers them the most favorable terms and are consequently able to avoid injustice. However, in the case of credit cards (and other oligopolies), for example, the consumer while having the ability to shop around may still have access to only form contracts with like terms and no opportunity for negotiation. Also, as noted, many people do not read or understand the terms so there might be very little incentive for a firm to offer favorable conditions as they would gain only a small amount of business from doing so. Even if this is the case, it is argued by some that only a small percentage of buyers need to actively read standard form contracts for it to be worthwhile for firms to offer better terms if that group is able to influence a larger number of people by affecting the firm’s reputation.
Another factor which might mitigate the effects of competition on the content of contracts of adhesion is that, in practice, standard form contracts are usually drafted by lawyers instructed to construct them so as to minimize the firm’s liability, not necessarily to implement managers' competitive decisions. Sometimes the contracts are written by an industry body and distributed to firms in that industry, increasing homogeneity of the contracts and reducing consumer's ability to shop around.
Common law status[edit]
As a general rule, the common law treats standard form contracts like any other contract. Signature or some other objective manifestation of intent to be legally bound will bind the signor to the contract whether or not they read or understood the terms. The reality of standard form contracting, however, means that many common law jurisdictions have developed special rules with respect to them. In general, in the event of an ambiguity, the courts will interpret standard form contracts contra proferentem against the party that drafted the contract, as that party (and only that party) had the ability to draft the contract to remove ambiguity.
United States[edit]
Generally[edit]
Standard form contracts are generally enforceable in the United States. The Uniform Commercial Code which is followed in most American states has specific provisions relating to standard form contracts for the sale or lease of goods. Furthermore, standard form contracts will be subject to special scrutiny if they are found to be contracts of adhesion.
Contracts of adhesion[edit]
The concept of the contract of adhesion originated in French civil law, but did not enter American jurisprudence until the Harvard Law Review published an influential article by Edwin W. Patterson in 1919.[4] It was subsequently adopted by the majority of American courts, especially after the Supreme Court of California endorsed adhesion analysis in 1962. See Steven v. Fidelity & Casualty Co., 58 Cal. 2d 862, 882 n.10 (1962) (explaining history of concept).[5]
For a contract to be treated as a contract of adhesion, it must be presented on a standard form on a "take it or leave it" basis, and give one party no ability to negotiate because of their unequal bargaining position. The special scrutiny given to contracts of adhesion can be performed in a number of ways:
If the term was outside of the reasonable expectations of the person who did not write the contract, and if the parties were contracting on an unequal basis, then it will not be enforceable. The reasonable expectation is assessed objectively, looking at the prominence of the term, the purpose of the term and the circumstances surrounding acceptance of the contract.
Section 211 of the American Law Institute's Restatement (Second) of Contracts, which has persuasive though non-binding force in courts, provides:
Where the other party has reason to believe that the party manifesting such assent would not do so if he knew that the writing contained a particular term, the term is not part of the agreement.
This is a subjective test focusing on the mind of the seller and has been adopted by only a few state courts.
The doctrine of unconscionability is a fact-specific doctrine arising from equitable[citation needed] principles. Unconscionability in standard form contracts usually arises where there is an "absence of meaningful choice on the part of one party due to one-sided contract provisions, together with terms which are so oppressive that no reasonable person would make them and no fair and honest person would accept them." (Fanning v. Fritz's Pontiac-Cadillac-Buick Inc.)
Shrink wrap contracts[edit]
Courts in the United States have faced the issue of shrink wrap contracts in two ways. One line of cases follows ProCD v. Zeidenberg which held such contracts enforceable (e.g. Brower v Gateway), and the other follows Klocek v. Gateway, Inc, which found them unenforceable. These decisions are split on the question of assent, with the former holding that only objective manifestation of assent is required while the latter require at least the possibility of subjective assent.
Canada[edit]
In Canada, exclusion clauses in a standard form contract cannot be relied on where a seller knows or has reason to know a purchaser is mistaken as to its terms (Tilden Rent-A-Car Co. v. Clendenning).
Australia[edit]
Standard form contracts have generally received little special treatment under Australian common law. A 2003 New South Wales Court of Appeal case (Toll (FGCT) Pty Limited v Alphapharm Pty Limited) gave some support for the position that notice of exceptional terms is required for them to be incorporated. However the defendant successfully appealed to the High Court so currently there is no special treatment of standard form contracts in Australia.
Since 1 January 2011, the Australian Consumer Law has been enacted in Australia at the national level, and due to a Council of Australian Governments (COAG) agreement this legislation is now part of each jurisdiction's (state's or territory's) Fair Trading laws.[6]
India[edit]
In India leonine contracts are generally deemed unconscionable contracts (though not all leonine contracts are unconscionable contracts) and are voidable. The 199th Law Commission report (2006) on "UNFAIR (PROCEDURAL & SUBSTANTIVE) TERMS IN CONTRACT" deals with it. The unfairness can be procedural or substantive.
Legislation[edit]
In recognition of the consumer protection issues which may arise, many governments have passed specific laws relating to standard form contracts. These are generally enacted on a state level as part of general consumer protection legislation and typically allow consumers to avoid clauses which are found to be unreasonable, though the specific provisions vary greatly. Some laws require notice to be given for these clauses to be effective, others prohibit unfair clauses altogether (e.g. Victorian Fair Trading Act 1999).
United Kingdom[edit]
Section 3 of the Unfair Contract Terms Act 1977 limits the ability of the drafter of consumer or standard form contracts to draft clauses which would allow him to exclude liability in what is termed an exclusion clause - the act does not per se render ineffective provisions in other areas which to the layman appear "unfair". Where a contract is negotiated the provisions of the act likely would not apply - the law protects from a lot of things but openly making a bad bargain is not one of them.
Israel[edit]
The Standard Form Contract Act 1982 defines a set of depriving conditions that may be canceled by a court of law, including unreasonable exclusion or limitation of liability, unreasonable privileges to unilaterally cancel, suspend or postpone the execution of the contract and to change any fundamental charges or pricing, transfer of liability for the execution of the contract to a third party, unreasonable obligation to use the services of a third party or to limit, in any way, the choice of contracting third parties, denial of legal remedy, unreasonable limitations on contractual remedies or setting unreasonable conditions for the consummation of the remedy, denying or limiting the right for legal procedures, exclusive rights to decide on the location of the trial or arbitration, obligatory arbitration with unilaterally control over the arbitrators or the location of the arbitration and setting the holder of the burden of proof contrary to common law. The act also establishes a Standard Form Contract Court, chaired by a district judge and consists of a maximum of 12 members, appointed by the justice minister, including an acting chairman (also a district judge), civil servants (no more than a third) and, at least, 2 consumer organization representatives. The court holds hearings regarding appeals against standard form contract clauses or approval of a specific standard form contract at the requests of a provider.
Lithuania[edit]
Standard conditions in Lithuania shall be such provisions which are prepared in advance for general and repeated use by one contracting party without their content being negotiated with another party, and which are used in the formation of contracts without negotiation with the other party. Standard conditions prepared by one of the parties shall be binding to the other if the latter was provided with an adequate opportunity of getting acquainted with the said conditions (Article 6.185. Standard conditions of contracts, Lithuanian Civil Code).[7] A consumer shall have the right to claim within the judicial procedure for invalidity of conditions in a consumer contract that are contrary to the criterion of good faith (Article 6.188).
Civil law countries[edit]
Russia[edit]
In July 2013, Russian Dmitry Agarkov won a court case against Tinkoff Bank after he altered the standard form contract he had received in the mail. The bank, failing to notice the changes, accepted the application and gave him an account based on the amended contract. The judge ruled that the bank was legally bound to the contract it had signed. Agarkov is further suing the bank for failing to comply with the terms he had added to the contract, which it had unwittingly agreed to by signing the contract. Agarkov's lawyer, Dmitry Mihalevich said – "They signed the documents without looking. They said what usually their borrowers say in court: 'We have not read it'." [8][9]
See also[edit]
Electronic Signatures in Global and National Commerce Act (ESIGN, USA)
Hobson's choice
Non est factum
Terms of service
References[edit]
Jump up ^ Download Menu Archived 2007-05-08 at the Wayback Machine.
Jump up ^ Standard-Form Contracting in the Electronic Age by Robert A. Hillman, Jeffrey J. Rachlinski :: SSRN Archived 2004-11-15 at the Wayback Machine.
Jump up ^ The Devil in the Details: The Interrelationship Among Citizenship, Rule of Law and Form-Adhesive Contracts by Zev J. Eigen :: SSRN Archived 2011-03-07 at the Wayback Machine.
Jump up ^ Patterson, E., The Delivery of a Life-Insurance Policy, 33 Harvard Law Review, 198 (1919); see also Friedrich Kessler, Contracts of Adhesion — Some Thoughts About Freedom of Contract, 43 Colum. L. Rev. 629 (1943).
Jump up ^ Steven v. Fidelity & Casualty Co. (1962) 58 C2d 862
Jump up ^ "Archived copy". Archived from the original on 2011-04-08. Retrieved 2011-05-02. Download at "Archived copy". Archived from the original on 2011-05-05. Retrieved 2011-05-02. (PDF or DOC or ZIP available) Also refer to each State and Territory Fair Trading Department's websites.
Jump up ^ Standard Contract Terms in Cross-Border Business Transactions Archived 2016-03-04 at the Wayback Machine. (A Comparative Study from the Perspective of European Union Law), PDF (by Attorney Dr. Gintautas Šulija, LL.M., LL.M.)
Jump up ^ Russian Man Who Got Bank to Sign Homemade Credit Card Contract Now Suing Them for Not Following Terms Archived 2016-09-18 at the Wayback Machine., Yahoo News, 8 Aug 2013. Retrieved 9 Aug 2013.
Jump up ^ $700k windfall: Russian man outwits bank with hand-written credit contract Archived 2013-08-09 at the Wayback Machine., RT News, 8 Aug 2013. Retrieved 9 Aug 2013.
External links[edit]
Joint Contracts Tribunal for United Kingdom Building Industry
CLAB Data Base of the European Commission
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