Catcher in the Rye As A symbolic of Salingers life - Free Essay Example

Sample details Pages: 4 Words: 1162 Downloads: 10 Date added: 2019/05/28 Category Literature Essay Level High school Tags: Catcher in The Rye Essay Did you like this example? Through the years of ancient civilization and culture, two things were always evident and emphasized to the common people; life is hard and death is the inevitable consequence of life. This was the primary focus of different religions of the ancient world to provide a way of life that not only accept the hard truth of life but also teaches how to live life to its fullest. Similarly, Salinger in her book Catcher in the Rye develops her major themes and characters through death itself. Don’t waste time! Our writers will create an original "Catcher in the Rye As A symbolic of Salingers life" essay for you Create order Although, this is a merely a piece of the fiction it conveys a similar message to the reader as Holden Caulfield experiences the death of his brother which not only changed him forever but also developed his personality. With the introduction of death, Salinger develops it as its own theme during the story while representing it as a sole cause for how the events unfolded as they did throughout the book. Thus, Alliers death illuminated Catcher in the Rye in two key ways: first, to construct and develop Holdenrs morals and character and second, to develop the main theme of innocence in the story. Primarily, Alliers death not only depressed Holden but deeply affected him which lead to the creation of his absurd morals and his dynamic character. Holden was noted recalling his brother as thousand times nicer than the people you know thatre alive and all and went as far as to suggest that he should be the one dead not his brother (Salinger 117). His feelings towards his brother were of pure love and appreciation and looked upon him as a role model even after his death. Therefore, Alliers death was such a shock to Holden it caused him to break all the windows in the garage and also caused him to rethink his situation and of others around him (Salinger 39). Since then Holden was a changed man from his attitude, to his perspective on life, Alliers death provided a justification for Holdenrs crazy worldview. His hate for ?phonies is created from Holden, who couldnt overcome his brotherrs death, looking at adults around him who cry about movies and plays but when confronted with the d eath of someone loved would suggest getting over it. Holden views this ideology both as hypocritical and flawed and through Alliers death sees him as the catcher in the rye who is destined to preserve innocence from the world. This idea is further linked with him being a teenager, a stage between childhood and the adult world, where he dislikes the adult world and serves to preserve childhood shown through his compassion Phoebe. Another example would be Holden fantasizing about his death claiming to have been pretending I had a bullet in my gut and recalled many instances in which he saw suicide as a way to find relief from his situation and is actually giving importance to his life through his death (Salinger 165). The Holden created from his brotherrs death is one with some similarity but many major differences with its goal to protect innocence in the world especially through children as he sees them as the most innocent from all. These characteristics of Holden are developed due to Alliers Death help not only establish the theme of death itself but also serves to illuminate dynamic characters such as Holden Caulfield. Consequently, Alliers death causes Holden to preserve innocence in the world which further outlines the theme of innocence and illuminates the metaphor of the ?catcher in the rye. Distraught by Alliers death, Holden decides to keep Alliers glove from all the other things he could have chosen he chose a mere glove. Well, this is because he saw himself as the ?catcher in the rye and imagined thousands of little children around nobody big, I mean- except me and it was his dream to catch children falling down (Salinger 224). He sees himself ?catching children from being himself miserable, depressed and thinks it is better for them to always be innocent. Similarly, he expects someone to catch him and alludes Allie requesting him not to let me disappear (Salinger 257). Thus, it was most convenient for him to pick up Alliers glove as a memoir which symbolized his goal to preserve innocence and also reminded him through difficult times that his brother is there for him. He quickly learns through multiple instances in the book that itrs impossible to ?catch all the children and either one has to live with it or not (Salinger 205). The reason Holden is overprotective wi th children also relates to him hating the adult world and the cruelty, artificiality it brings while cherishing innocence and people who protect it. This view broadens the personality of characters such as Jane and Phoebe who protect innocence in Janers case it is sexual assault while in Phoebe case it is the adult world. The theme of innocence is only presented and caused due to Alliers death which indicates that Salinger only meant to represent Alliers death to broaden ideas further down the story. Thus, it is evident to suggest that Alliers death is a major scene in the book as it expresses the theme of innocence and broadens the perspective of the title and the extended metaphor of the ?catcher in the rye. Death, the inevitable truth of life, is one experienced over 7000 times each day alone in the United States. While the reasons might range from diseases to natural cause, death itself comes with grief making loved ones depressed. Although some people get over the deaths of their loved, however many like Holden face difficulties getting through this difficult type changing them drastically over time. Salinger uses this harsh reality of death to not only represent the death of Allie himself but to illuminate her book Catcher in the Rye through certain characteristics and morals of Holden while developing a major theme of innocence. But, the effect of death is not limited to the book itself and might itself be related to the author J.D. Salinger himself. Upon closer analysis of his life, one finds that he too was admitted into a prep school when he was a teen and had a peculiar distaste for them as he too never fit into them. He later was admitted into an army school similar to Holden who would also do the same if the story continued suggesting that Holden and Salinger are the same people. This speculation also comes from the fact that he has repeatedly sued many biographers for making any biographies on him and suggest it as an attack in his personal matters. If Holden and Salinger are the same people then it is plausible that Salinger itself encountered multiple deaths in his life and if so was simply expressing his views through the Catcher in Rye. If so the metaphor of the catcher in the rye might extend and the theme of death might be symbolic of his life making Catcher in the Rye his half-written biography.

The Fifth Amendment and Self-Incrimination - 842 Words

The fifth amendment states that, â€Å"No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation†. Would the Fifth Amendment privilege against self-incrimination prohibit the government from any of the following: requiring†¦show more content†¦The government should not threaten someone’s job for refusing to testify, that will be a violation of the Fifth Amendment right. Threatening a person with a reduction in pay if he/she does not testify is a coercive act and can in some way be considered as self-incrimination. In conclusion, the Fifth Amendment privilege against Self-Incrimination only gives people the right to refuse to testify to the government if such testimony will incriminate them of a crime. Law enforcement cannot force the defendant to make any testimonial that can be used as evidence that he/she is guilty of the crime. It does not allow the right to refuse other physical evidence such as handwriting, to speak certain words, fingerprints, blood samples, and tissue samples or to refuse to stand in a police lineup even if these compelled documents contain incriminating evidence. Unless any of the documents is private meaning unknown to the government, the act of the defendant producing these documents can implicate a violation of the Fifth Amendment right. Sources: Textbook: Criminal Procedure 10th edition by John N. Ferdico http://supreme.lp.findlaw.com/constitution/amendment05/07.html http://www.revolutionary-war-and-beyond.com/self-incrimination-clause.htmlShow MoreRelatedThe Fifth Amendment : Self-Incrimination In The Fifth Amendment1040 Words   |  5 Pagesof the Fifth Amendment is Self-Incrimination, stating â€Å"No person...shall be compelled in any criminal case to be a witness against himself....†. This clause specifies that a person cannot be forced to testify against himself or herself; yet, this does not limited police-interrogation. A testimonial through threatened loss of government employment or guilt from silence can be used as evidence. Witnesses and evidence must be presented during the trial. This is often known as taking the fifth. OneRead MoreFour Basic Components of the Fifth Amendment1382 Words   |  5 PagesThe Fifth Amendment Clearly define the four basic components of the Fifth Amendment The four basic components of the Fifth Amendment include: double jeopardy, due process, the right to be heard by a jury and safeguards against self-incrimination. Double jeopardy is when the individual can only be tried for a crime once. In the event that they are acquitted and new information surfaces, they cannot be retried again for the same crime. Instead, new charges would have to be filed showing the individualRead MoreShould The Fifth Amendment Cover Fair Pay?950 Words   |  4 Pagesrestrictions also constituted a taking of their land requiring adequate compensation. At first, the courts were reluctant to hear these claims. Over time, however, courts began to recognize them, adding a new dimension to the law of eminent domain. 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This is why I d like to show why pleading the 5th is not an incriminating phrase by giving the history of the 5th amendment, how the Miranda rights came into play, and a case where this theory of automatic guilt was disproven. The right against self-incrimination stems as far back as 17th century England when Puritans refused to cooperate with interrogators while being tortured to expel their religious beliefs. While the Puritans may haveRead MoreEssay On The Fifth Amendment1307 Words   |  6 PagesExplain the details of what the Fifth Amendment provides citizens and its use of it in the 2012 Meningitis Outbreak? Fifth Amendment The Fifth Amendment in US constitution was proposed by Congressman James Madison on June 8, 1789 and was passed on September 25, 1789. It was later ratified by Congress on December 15, 1791 as â€Å"Bill of Rights†. It provides a number of rights which are relevant to both Civil and Criminal legal proceedings. In Criminal cases, it provides a right to Grand Jury. It forbidsRead MoreImmunity in the U.S. Court Essay1417 Words   |  6 Pagesincriminate one’s self is established within the Fifth Amendment of the Constitution. The Fifth Amendment states, â€Å"No person†¦shall be compelled in any criminal case to be a witness against himself† (Davenport, 2006, P. 87). People may plead the fifth as a means of refusing to answer questions about alleged criminal activities. The right to not self incriminate, is a fundamental right meant to protect individuals from being forced into giving evidence that could be used against one’s self. This conceptRead MoreWhat is the Bill of Rights?1440 Words   |  6 PagesAmerican citizens. All ten Amendments in the Bill of rights are significant for protecting the right of the citizens but Amendment One the freedom of speech, religion, press, and petition, the Fourth Amendment gives the protection of unreasonable search and seizure without a search warrant, and Fifth protects the accused by protecting them from self incrimination, double jeopardy, and from depriving their life, liberty, or property without due process of law. The First Amendment gives citizens many freedomsRead MoreThe Bill of Rights: The Most Important Documents in American History1579 Words   |  6 PagesRights into the Constitution, Congress did not approve the inclusion of twelve Amendments, or Twelve Articles, until September 25, 1789 (History of the Bill of Rights, 2012). While the first two amendments were rejected, the first ten Amendments of the Constitution make of the United States Bill of Rights. The Bill of Rights was formally ratified on December 15, 1791 (Independence Hall Association, 2012). The First Amendment protects an individuals freedom of speech and assembly and states, CongressRead MoreThe On The American Criminal Jurisprudence1673 Words   |  7 Pages1. BACKGROUND The background of the case rotates in depth on issues pertinent to the rights to be granted an attorney and self-incrimination as enshrined in the 5th amendment under the United States constitution. The 5th amendment privilege in text provides that, no suspect will be compelled to answer for any capital or infamous crime, unless directed or indicated by the relevant Grand Jury. The only exception being granted to ceases in land and naval spaces that fall under the militia sphere of

Suicide the Unforgivable Sin free essay sample

Suicide the Unforgivable Sin? Introduction Most of us have our own opinion and beliefs about suicide, but I’m interested in finding the truth through God’s Word. I’ve search and cross-referenced scripture, covering related topics such as Suicide the Unforgivable Sin, Is Repentance Necessary for Salvation? , Is Suicide Always Wrong? ’ What the Bible Teaches, Believers and Suicide, and Biblical Examples of suicide. This paper shall examine the concept of suicide as the â€Å"unforgivable sin† in regards to the Christian faith and the Bible and its views on suicide. The Bible says in John chapter 16 that the Holy Spirit will guide us into all truth, whatever He hears from the Father. But sometimes there are answers to questions not so evident in the Bible. In that case, we need to go even further into our study by seeking the deeper mysteries of God, which He also commands us to do. Suicide the Unforgivable Sin? This might seem like a confusing question, but it does have an answer. Though the Christian who has committed suicide has committed a grave sin, he is still forgiven (Bible Answer). But, in order for us to understand why a Christian who commits suicide is forgiven, we first need to understand what salvation is and what it is based upon. Salvation is the state of being saved from Gods judgment upon us the sinner (Erickson). The only way to be saved is to trust Jesus for the forgiveness of our sins (John 14:6, Acts 4:12). All who do not trust Jesus alone, by faith (Rom. 5:1; Rom. 6:23; Eph. 2:8-9) are not forgiven and go to hell when they die (Matt. 25:46; John 3:18). When Jesus forgives someone, He forgives all their sins and gives them eternal life and they shall never perish (John 10:28). He does not give them temporary eternal life otherwise, it would not be eternal. Salvation is not based upon what you do. In other words, you dont have to obey any Law of God in order to become saved. This is because no one is saved by keeping the Law of God (Gal. 2:21; Rom. 3:24-28). But that does not mean that you can go and sin all you want. Rom. 6:1-3 expressly condemns such action. Instead, we are saved for the purpose of purity (1 Thess. 4:7). Our salvation is strictly from God: By grace through faith you have been saved†¦ (Eph. 2:8). Other than acting by faith in trusting and accepting what Jesus did on the cross, you dont do a thing (John 1:12-3) in order to become saved. Since you did not get your salvation by what you did, you cannot lose it by what you do. What about the unforgivable sin? Is that suicide? Suicide is not the unforgivable sin (Sheedd). Jesus spoke of the unforgivable sin in Matt. 12:22-32. The context is when the Pharisees accused Jesus of casting out demons by the power of the devil. Therefore, suicide is not the unforgivable sin. Is repentance necessary for salvation? This is a good question and the answer is yes and no. Repentance is a necessary result of the saving work of God, not the cause of salvation (Erickson). If repentance brought salvation, then salvation is by works; or rather, the ceasing of bad works. That isnt how it works. God grants repentance to the Christian (2 Tim. 2:25). The Christian then turns from their sin; that is, they stops sinning. They are able to repent because they are saved, not to get saved. In 1 John 1:9 it says, If we confess our sins He is faithful and just to forgive us our sins and cleanse us from all unrighteousness. Confession of sin and its natural result of repentance are necessary elements of the Christians life (Sheed). But, what about the sins that we do not know we commit? If we do not confess them and do not repent of them, are we still saved? I believe we are otherwise, we would be forced to confess and repent of every single sin we ever commit. In effect, wed be back under the Law, living by a rule of absolute repentance of every detail lest you be damned. This is bondage, not freedom. Jesus said His yoke was light, not hard (Matt. 11:27-30. So, repentance is not the cause of salvation, but it is a result of alvation. The believer repents from his sins upon trusting in Christ and thereafter, continues to repent of further sins that the Lord reveals to him (Erickson). Back to the suicide issue Suicide is, in effect, self-murder. The unfortunate thing about it is that the one who commits it cannot repent of it (Ryan). The damage is permanently done. We can see in the Bible that murderers have been redeemed (Moses, David, etc. ), but they had opportunities to confess their sins and repent. With suicide, the person does not. But that does not mean the person is lost. Jesus bore all that persons sins, including suicide. If Jesus bore that persons sins on the cross 2000 years ago, and if suicide was not covered, then the Christian was never saved in the first place and the one sin of suicide is able to undo the entire work of the cross of Christ (Sheed). This cannot be. Jesus either saves completely or he does not. Is suicide always wrong? That I cannot answer because I cannot list every possible situation. But, it seems obvious that suicide is clearly wrong, though forgivable. However, there are general categories of suicide on which we could briefly comment: Medically Assisted Suicide Ive never seen this as being acceptable. The doctor is supposed to save life, not destroy it. But, lately as destroying the lives of the unborn is more common place, destroying the lives of the sick has become the next logical step (Gregory). Suicide to prevent prolonged torture Lets say that someone was being tortured in an excruciating manner for an unbearably long period of time, is suicide an option? Perhaps, but if it were in this situation, why wouldnt it be all right in the medically-assisted context if the patient were also in excruciating pain for long periods of time? (Bible Answers) Quite honestly, Im not sure how to answer that one. Suicide due to depression Of course, this is never a good reason for suicide. Seasons pass and so does depression. The one who is depressed needs to look to Jesus and get help (Bible Answers). Depression is real and powerful and is best fought with help. Also, severe depression robs the mind of clear thinking. People in such states are despondent, and not in their right mind. Suicide due to a chemical imbalance in the brain The human brain is incredibly complex and the medical community is full of accounts of extraordinary behaviors by people whose circuits got crossed. (Gregory) I dont see how a situation like this would make it justifiable. I think it simply would make it more explainable. Accidental suicide Sometimes people accidentally kill themselves. This could mean leaning over a balcony too far and falling to ones death, or actually, purposefully taking a stupid risk like playing with a gun. Of course, with either, stupidity does not remove us from the grace of God (Sheed) . What The Bible Teaches Instead of dwelling on what people think about suicide, let’s consider what the Bible says. First, we may well ask, â€Å"Why does a person choose suicide? Apparently there are many reasons, because, after all, we are human. Some get so overwhelmed by pressures, health problems and depression that they take their own lives in a state of deep alienation and distraction. It is difficult to know to what extent they are really responsible for actions done, when they are not themselves. I’ve been told that those who are suicidal suffer from an overwhelming sense of being alone. Their depression shrinks their horizons. Their entire perspective is reduced to being filled with their own despair. This leads to the self-deception that justifies, in their own minds, the final act of suicide (Ryan). This may be so, but is it right? Clearly, the Bible says that human life is sacred because man was made in â€Å"the image of God† (Gen. 9:6). Suicide negates God’s estimate of life. It violates the sixth commandment, â€Å"You shall not murder† either another human or yourself! (Ex. 20:13; Rom. 13:9). The Ten Commandments are a wonderful biblical standard for conduct, but not for salvation. Believers And Suicide Some Christians think that a true believer cannot commit suicide, but there is no scriptural evidence for such a claim (Sheed). Other Christians maintain that a believer may lose his salvation through such an act. Again, Scripture does not say that. However, it does tell us that once saved always saved (Sheed). The Lord Jesus said: â€Å"Neither shall anyone snatch them out of My hand †¦ and no one is able to snatch them out of My Father’s hand† (Jn. 10:28-29). The apostle John wrote, â€Å"God has given us eternal life, and this life is in the Son† (1 Jn. 5:11). God’s Word goes on to say: â€Å"He who believes in the Son has everlasting life† (Jn. 3:36). No man, thing or act can separate us from God’s love and the eternal life that is ours through Christ (Rom. 8:35-39. ) Biblical Examples There are no examples of a believer committing suicide in the New Testament. Judas was not a believer. In the Old Testament there might be two examples. King Saul fell on his own sword (1 Sam. 31:4). Some say Samuel’s statement to Saul that â€Å"tomorrow you and your sons will be with me† (1 Sam. 28:19), means that Saul would be in paradise (or heaven) with Samuel. Others say this means merely that Saul would soon die and go to Sheol, which included a place for the wicked dead. The other example is that of Ahithophel, David’s trusted counselor, who was the grandfather of Bathsheba (2 Sam. 11:3), and who may have hated David for leading her into sin. He turned on David and helped Absalom, who decided to ignore his advice. Greatly offended, Ahithophel hanged himself (2 Sam. 17:23). Some believe both will be in glory but this cannot be proved (Thompson). Notwithstanding these Old Testament examples, we know that believers do not lose their salvation because of sins committed after their conversion (Acts 13:39; 1 Jn. l:8-10). Yes, suicide is a sin because it is the murder of oneself (Bible Answers). However, adultery and murder of someone else are also equally unpleasant sins (Sheed). But David, who committed adultery with Bathsheba and murdered Uriah, did not lose his salvation because of these sins (Ps. 2:1-5; 51:12; Rom. 4:6-8). We need to remember that if we are truly saved, the blood of Jesus cleanses us from all sin even suicide (Erickson). Conclusion Since a believer does not lose their salvation when they commit suicide, aren’t they therefore â€Å"with Christ, which is far better†? (Phil. 1:23). True, it is far better to be with Christ, if the departure is according to God’s perfect timing (Sheed). But if the departure is out of His will, then the result is not as good as it would have been (Sheed). When death occurs, by whatever means, the believer’s service on earth is over (Erickson). It is that service which will be examined at the judgment seat of Christ (Sheed). The outcome of that judgment does not involve the eternal destiny of the believer because that is not in question (Sheed). What is in question is reward or loss of it. The phrase â€Å"he will suffer loss† in 1 Corinthians 3:15 describes one of the significant effects of the believer’s suicide. The word â€Å"loss† means â€Å"to forfeit† the reward one might have possessed. John warns of the same possibility of losing â€Å"a full reward† (2 Jn. 8). Since suicide breaks God’s command, the one who commits it suffers loss of reward at the judgment seat of Christ (Sheed). They do not lose their salvation (1 Cor. 3:15), because that is eternally secure through God’s acceptance of His Son’s great work of redemption at Calvary. They are saved and safe forever. No person, circumstance or thing can take away God’s everlasting gift of eternal life in Christ (Erickson). Suicide is still a serious sin against God (Bible Answers). According to the Bible, suicide is murder, it is always wrong. Serious doubts should be raised about the genuineness of faith of anyone who claimed to be a Christian yet committed suicide (Bible Answers). http://www.newadvent.org/cathen/08041a.htm http://bible.com/

Regime Statutory Implied Terms Transactions â€Myassignmenthelp.Com

Question: Discuss About The Regime Statutory Implied Terms Transactions? Answer: Introducation In last few years, Court recognized the concept of entering into contract through e-mails and validity of the E-mail contracts. There are number of cases related to E-mail contracts which are decided by the Court such as Vantage Systems Pty Ltd v Priolo Corporation Pty Ltd [1]and Stellard Pty Ltd v North Queensland Fuel Pty Ltd. Both the cases involve the situations in which Court considers the validity of exchanged E-mails between the parties and also whether there is any binding contract or not[2]. In general contracts it is necessary that essential elements of the contract must be present, and some of these essential elements are stated below: Offer- offer can be considered as definite promise which is made by one person to another person. There is no particular form of offer and it can be made either orally or in writing. However, offer can be constituted through the conduct of the parties also. It is not necessary that offer can be made to specific person only it can be made to the world at large. Acceptance- another important element of contract is acceptance. Acceptance is the statement through which person to whom offer is directed agreeing to the offer. It is necessary that offer is accepted by that person only to whom it is directed. However, after giving acceptance parties are bound by these acceptances and it is not possible for parties to cancel the contract. Acceptance must be given by offeree only in context of offer made by offeror. This can be understood through case law Crown v Clarke, (1927) 40 CLR 227[3]. For effective acceptance, it is necessary that acceptance must be communicated to the offeror. If acceptance is given through E-mail then provisions of Electronic Transaction Act 1999 are applied. Section 14 of the Act states, time of receipt of acceptance is considered as that time when mail related to acceptance send by offeree reach the information system of offeror. It means that offer is accepted by the offeree at the time when mail of acceptance send by offeree enters in the mail box of offeror[4]. Intention to create legal relations[5]: it is necessary for valid contract that parties intend to create legal relatiosn at the time of formation of the contract. in other words, parties must intend to bound themselves under the terms of the contract. this can be understood through case law Air Great Lakes Pty Ltd v KS Easter, (Holdings) Pty Ltd, Supreme Court of New South Wales [1989] 2 NSWLR 309[6]. Consideration[7]: consideration can be considered as price paid for promise made by one party to the other party. In other words, it is the price which is asked by the promisor in exchange of promise. It is necessary that consideration must be moved from one party to another party who made the promise. This can be understood through case law Coulls v Bagots Executor Trustee Co Ltd, (1967) 119 CLR 460[8]. It must be noted that, E-mail contract also include these essential elements that are offer, acceptance, consideration, and intention to create legal relations. However, if valid offer and acceptance is present in the E-mail negotiations then it can be considered as valid contract. This can be understood through case law McHugh JA in GR Securities Pty Ltd v Baulkham Hills Private Hospital Pty Ltd.[9] In this case, McHugh stated even though e-mail negotiations specifically stated that formal contract must be executed then also parties immediately bound with the contract if valid offer and acceptance are present in the contract[10]. Application: in the present case, both Mary and Lianne negotiated through E-mail and all the essential elements of valid contract are present in this case such as offer is given by Mary through advertisement to the world at large. Later, Lianne accept the offer given by Mary through E-mail send by Lianne to Marry. It must be noted that acceptance is considered as valid acceptance because section 14 of Electronic Transactions Act 1999 states offer is accepted by the offeree at the time when mail of acceptance send by offeree enters in the mail box of offeror. In this case, Mary reads the acceptance mail after 5 hours because of the electricity fault. Therefore, time of receipt of acceptance is the time when E-mail enters in the mailbox of Mary. It must be noted that consideration of $10000 is present in the case, which can be considered as prima facie evidence of intention of parties to create legal relations. In Case law Stellard Pty Ltd Anor v North Queensland Fuel Pty Ltd[11], court held that parties are bound by the contract related to sale of land which was entered between the parties through E-mail. Contract was binding because valid offer and acceptance is present in the contract. In this case also, both offer and acceptance are present. Therefore there is valid contract between the parties because it is not possible to cancel the contract after accepting the contract. Valid contract exists between the parties, and both Mary and Lianne are bound with the terms of the contract. Issue: Whether any terms of the contract are breached by the Mary, and if Mary breach the terms of the contract then what rights are available to the Lianne against such breach? Law: in Australia, consumer law is developed for the purpose of protecting the interest of consumers and also promotes fair dealings with the consumer. Trader who is engaged in the trade or commerce must compile with these guarantees while dealing with the consumers. Guarantees provided by ACL are statutory guarantees and it cannot be excluded by any person[12]. Following are some guarantees which are provided by the ACL to the consumer: Guarantee related to express warranty- it is the duty of trader to comply with all the express warranties given by trader at the time of formation of contract. This guarantee is stated under section 559 of ACL. As per this section if any warranty is given by supplier and manufacturer that goods and services provided are compile with express warranty then such goods and services must be compile with that express warranty[13]. Guarantee to perform duties with due care and skill- this guarantee is stated under section 60 of the Competition and consumer Act and as per this section trader who supplies goods and services in trade and commerce must fulfill their obligations with due care and skill[14]. Guarantee related to specified purpose- this guarantee is stated under section 61 of the ACL, and as per this guarantee if consumer before entering into contract specifically stated any purpose for which he acquired such goods and services, then it is the duty of trader to ensure that goods and services met with that specific purpose. In other words, trader ensures that result of the services and product meets the desired result of consumer[15]. If trader fails to meet statutory guarantees provided by ACL, then consumer has right to cancel the contract, if services are not consumed then seek refund, and consumer can claim for compensation for breach of statutory guarantees[16]. Application: in this case, Lianne specifically asked for Malaysian cuisine and large space for dancing at the time of entering into contract. Later, Mary fails to provide Malaysian cuisine and also dance floor is very small. In this case, Lianne has right to seek compensation because Mary breach his statutory guarantees stated under section 59, 60, and 61 of the ACL. In this Mary breach express warranties provided to Lianne. This can be understood through case law Norman Enterprises Pty Ltd t/as Leimo Australia v Deng [2013] QCATA 047[17]. In this case, tribunal stated that money back guarantee can be considered as express warranty. In this case, Lianne does not receive desired result from the services for which she paid. Therefore, Lianne has right to claim compensation from Mary for breach of consumer guarantees under ACL. However, Lianne cannot terminate the contract because services are already consumed. Australian consumer law covers all the commercial dealings in the Australia with both private and business consumers. It is necessary for those companies to take reasonable care that are selling and promoting their goods and services through advertising. These organizations accompanied with clients and media operators frame marketing strategies and activities for advertising their goods. Organization must identify their clients and consider provisions of ACL for the purpose of avoiding unconscionable dealing, misleading and deceptive conduct, and any other conduct which is prohibited by ACL. In other words, ACL protect not only the legitimate interest of the consumers but also ensures fair dealings in Australia, and it is stated under Schedule 2 of Competition and consumer Act 2010[18]. In this paper, provisions stated under ACL related to advertising and selling practices are discussed and it also state the prohibition imposed on business organization by ACL while advertising their goods and services. Lastly, paper is concluded by stating the brief conclusion which summarizes the facts of this paper. Online mode of advertising: Business organizations use number of modes to publish their advertisement such as radio, television, newspaper, etc. However, online mode of advertising is also the most important mode now days because of the rapidly increase of online environment. Business organizations use this mode for the purpose of promoting and selling their goods.it must be noted that provisions of ACL also applied on online mode, which means those organizations which publish their advertisement through online environment are bound to follow the provisions of ACL related to advertising and selling practice. Provisions related to advertising and selling practices are stated under chapter 2 and chapter 3 of ACL. These chapters deal with business conduct in commercial matters. In other words, if any commercial transaction provide wrong information to other party then such matter falls under chapter 2 and chapter 3 of ACL. It also states the conduct of business organization while promoting and selling their products through advertising[19]. Prohibition imposed by ACL: As stated above, ACL protect the legitimate interest and rights of the consumer. For this purpose ACL introduced section 18[20] and section 29 of the Act for the purpose of prohibiting the organization to engage in any conduct which is misleading and deceptive in nature. Section 18 is considered as the most litigated provision in the ACL, and it is mainly introduced for the purpose of protecting the rights of the consumer. Claim related to section 18 pleaded in all type of jurisdiction and it is also merged with some other type of claim also. This can be understood through example, contravention of section 18 can be considered as tort also. However, it must be noted that if section 18 is brought by the plaintiff then usually party also state that section 29 is also breached. Section 29 states false representation made to consumers for the purpose of misleading and deceives the consumer. Organizations engaged in this conduct through various modes such as by personal communication, thr ough advertisement, etc.[21]. Section 29 of the ACL states, it is completely illegal for business organizations to make any false representation related to goods and services to any other party. This section can be compared with section 18 and after comparison it can be concerned that approach of this section falls in the context of section 18. The main aim of this section is to protect the consumers from those suppliers who engaged in trade and commerce and falsely represent their goods to other parties. Misleading and deceptive conduct include following behavior and factors: Party makes false representation and provides wrong information through advertisement for the purpose of misleading the consumers. Consumer on the basis of wrong information and false representation enter into contract with business. Important information in context of product and services provided by business is not mentioned in the advertisement. False impression was created by the business on the customers. In short, section 18 and 29 restrict such practices of business which mislead and deceive the consumers and result in unfair dealings. It can also be said that these sections protect the consumers and promotes fair dealings with consumers in Australia. Section 18 and 29 also encourage the business to act in good faith and ensures interest of consumers as well. Case law Australian Competition and Consumer Commission V TPG Internet Pty Ltd[22] helps in understanding the misleading and deceptive conduct related to advertisement and selling practices in Australia. In this case,, TPG published advertisement under which company stated that unlimited internet was given by the company for only $29.99. This scheme was named as ADSL2+ broadband internet plan. In actual company charged hidden cost from their consumers in the following form: Company charged $30 per month from consumers for bundling their home connections with the internet connect. Company also charged 149.99 as set-up fee. ACCC filed application against the company on the ground that company mislead and deceive their consumers under this new scheme. Application was filed by ACCC in Federal Court in which primary Judge stated that TPG was liable under section 18 and 29 of ACL and ACCC succeeded in their application. After this decision, TPG appeal against this decision in Full Federal Court and succeeded. Later, High court set aside the decision made by Full Federal court on the ground that Full Federal Court failed to apply the principles of PUXU case correctly[23]. References Chapter 2 and 3 of ACL deals with the advertising and selling practices related to commercial contracts, and ACL also introduced section 18 and 29 for the purpose of prohibiting the misleading and deceptive conduct of business organization. The main aim of these sections is to promote fair dealings in Australia. BIBLIOGRAPHY Ready, K. (2015). Email contracts Who, What, When and Where The formation of binding agreements through email exchanges, https://www.mondaq.com/australia/x/431732/Contract+Law/Email+contracts+Who+What+When+and+Where+The+formation+of+binding+agreements+through+email+exchanges, Accessed on 23rd September 2017. ACL, Intention, https://www.australiancontractlaw.com/law/formation-intention.html, Accessed on 23rd September 2017. ACL, Consideration, https://www.australiancontractlaw.com/law/formation-consideration.html, Accessed on 23rd September 2017. Mcleod, I. Email correspondence a valid and binding contract, court confirms, https://www.findlaw.com.au/articles/5751/email-correspondence-a-valid-and-binding-contract-.aspx, Accessed on 23rd September 2017. Austlii, Paterson, Jeannie Marie --- "The New Consumer Guarantee Law and the Reasons for Replacing the Regime of Statutory Implied Terms in Consumer Transactions" [2011] MelbULawRw 8; (2011) 35(1) Melbourne University Law Review 252, https://www.austlii.edu.au/au/journals/MelbULawRw/2011/8.html, accessed on 23rd September 2017. ACCC, Consumer guarantees, https://www.accc.gov.au/consumers/consumer-rights-guarantees/consumer-guarantees#consumer-guarantees-on-products-and-services, Accessed on 23rd September 2017. ACL, Consumer guanarntees, https://consumerlaw-staging.tspace.gov.au/files/2016/05/0553FT_ACL-guides_Guarantees_web.pdf, Accessed on 23rd September 2017. Legal Vision, Advertising and Marketing Series, https://legalvision.com.au/advertising-and-marketing-series-illegal-conduct-in-advertising-and-marketing-under-the-australian-consumer-law/, Accessed on 23rd September 2017. Federal Court of Australia, (2012). TPG Internet Pty Ltd v Australian Competition and Consumer Commission [2012] FCAFC 190 (20 December 2012), https://www6.austlii.edu.au/cgi-bin/viewdoc/au/cases/cth/FCAFC/2012/190.html, accessed on 19th September 2017 [1] VANTAGE SYSTEMS PTY LTD -v- PRIOLO CORPORATION PTY LTD, [2015] WASCA 21; 47 WAR 547. [2] Ready, K. (2015). Email contracts Who, What, When and Where The formation of binding agreements through email exchanges, https://www.mondaq.com/australia/x/431732/Contract+Law/Email+contracts+Who+What+When+and+Where+The+formation+of+binding+agreements+through+email+exchanges, Accessed on 23rd September 2017. [3] Crown v Clarke, (1927) 40 CLR 227. [4] Electronic Transaction Act 1999- Section 14. [5] ACL, Intention, https://www.australiancontractlaw.com/law/formation-intention.html, Accessed on 23rd September 2017. [6] Air Great Lakes Pty Ltd v KS Easter, (Holdings) Pty Ltd, Supreme Court of New South Wales [1989] 2 NSWLR 309 [7] ACL, Consideration, https://www.australiancontractlaw.com/law/formation-consideration.html, Accessed on 23rd September 2017. [8] Coulls v Bagots Executor Trustee Co Ltd, (1967) 119 CLR 460. [9] Baulkham Hills Private Hospital Pty Ltd v GR Securities Pty Ltd (1986) 40 NSWLR 622. [10] Mcleod, I. Email correspondence a valid and binding contract, court confirms, https://www.findlaw.com.au/articles/5751/email-correspondence-a-valid-and-binding-contract-.aspx, Accessed on 23rd September 2017. [11] Stellard Pty Ltd Anor v North Queensland Fuel Pty Ltd Stellard Pty Ltd Anor v North Queensland Fuel Pty Ltd [2015] QSC 119 (14/11998). [12] Austlii, Paterson, Jeannie Marie --- "The New Consumer Guarantee Law and the Reasons for Replacing the Regime of Statutory Implied Terms in Consumer Transactions" [2011] MelbULawRw 8; (2011) 35(1) Melbourne University Law Review 252, https://www.austlii.edu.au/au/journals/MelbULawRw/2011/8.html, accessed on 23rd September 2017. [13] Competition and Consumer Act 2010- Schedule 2- Section 59 [14] Competition and Consumer Act 2010- Schedule 2- Section 60. [15] Competition and Consumer act 2010- Schedule 2- section 61. [16] ACCC, Consumer guarantees, https://www.accc.gov.au/consumers/consumer-rights-guarantees/consumer-guarantees#consumer-guarantees-on-products-and-services, Accessed on 23rd September 2017. [17] Norman Enterprises Pty Ltd t/as Leimo Australia v Deng [2013] QCATA 047. [18] ACL, Consumer guanarntees, https://consumerlaw-staging.tspace.gov.au/files/2016/05/0553FT_ACL-guides_Guarantees_web.pdf, Accessed on 23rd September 2017. [19]Legal Vision, Advertising and Marketing Series, https://legalvision.com.au/advertising-and-marketing-series-illegal-conduct-in-advertising-and-marketing-under-the-australian-consumer-law/, Accessed on 23rd September 2017. [20] Competition and Consumer Act 2010- Schedule 2- Section 18. [21] Competition and Consumer Act 2010- Schedule 2- Section 29. [22] Federal Court of Australia, (2012). TPG Internet Pty Ltd v Australian Competition and Consumer Commission [2012] FCAFC 190 (20 December 2012), https://www6.austlii.edu.au/cgi-bin/viewdoc/au/cases/cth/FCAFC/2012/190.html, accessed on 19th September 2017.