Understanding The Face Of Christianity - 1746 Words

Secular Humaism states that matter is perpetual, that there is no God, that man and his atmosphere are the results of evolutionary forces. For humanists, all meaning and purpose in human existence is provided on a human scale. Humanists have faith that we can provide all the meaning we need ourselves, from our concerns, out of our own ideas and philosophies. This paper will reinforce how in the face of Christianity these meanings and purposes dissolve into absolute and utter insignificance. Christainity, on the other hand gives a more solid and substanitial foundation in that it teaches the exact opposite of these things. That God is everlasting, man does have an immortal soul, that there is a heaven, hell and a guaranteed and prearranged redemption that lie in wait for him. When it comes to ultimate reality, the secular humanists have self-confidence in evolution, that man, his body, his mind and his soul were not supernaturally designed but are all products of evolution. The biological astetic is central and core to man’s development, orgin and exsistance. This was an spontaneous effect of an impersonal being and structure in which their was no supreme being or diety involved in the creation. However Christians accept as true one Deity whos act of love, created the universe and all things therein. Since it was fashioned in love, everything in creation is virtuous and special to God. Christians accentuate God s paternal affection in specific, schooling that God formedShow MoreRelatedHow Is Christianity Living and Dynamic and How Does It Answer the Enduring Questions of Life?1271 Words   |  6 PagesChristianity is a faith based religious tradition, of which the follower is considered to be a Christian adherent. Thus, being a living tradition, Christianity is continually subject to change in accordance to the needs of the adherent and reaffirming the Christian tradition within a contemporary context. The aspects, which attribute the present existence of Christianity and its dynamism therein, include sacred texts and writings, ritual and ceremonies, beliefs and believers, and ethics. UltimatelyRead MoreChristianity Is A Religion Based On The Person And God1479 Words   |à ‚  6 Pagespeople in the World who follow and support the Catholic Church. Christianity is a religion based on the person and teachings of Jesus of Nazareth. Ever since Christianity started to emerge in the mid-first century it has only increased in size and became even more powerful now than in the origins of the Religion. Jesus Christ is considered to be the Son of God and through the Bible’s scriptures that include many sacred writings of Christianity it has given people hope and more importantly something toRead MoreThe Sacred Texts And Writings1423 Words   |  6 Pagesdeliberated as supportive indication of understanding the principle beliefs of Christianity which include the divinity and humanity of Jesus Christ, death and resurrection of Jesus Christ, the nature of god and the nature of trinity, revelation and salvation. This essay aim’s at assessing the significant role of the sacred text in providing authentic information in regards to sacred texts. The role of the sacred text is of major significant in understanding Christian principal beliefs and this isRead MoreStudy Of The Christianity Culture I Have Conducted A Participant Observation Research Essay798 Words   |  4 PagesObservation #1 Date mp; Time:October 9, 2016 at10:00 location: Rutland Road Nostrand. Study of the Christianity culture I have conducted a participant observation research in an christain church. As I gathered myself in church Sunday morning, I was anxious to participate in a religious ritualRead MoreThe Conversion Of Religion And Culture889 Words   |  4 PagesThe Jesuits finally reached their goal of religious autonomy in the 1670s. After the Indians had witnessed France’s military capabilities, Jean Pierron used the prospect of diminishing French trust to instigate the Iroquois-Mohawks to adopt Christianity. Pierron began by citing the fact that Christian beliefs were vastly different from animism. He went on to threaten them by stating that, â€Å"we (the French) shall never believe that you wish to live on good terms with us until you serve the same MasterRead MoreThe Lost but Found Sheep1464 Words   |  6 PagesChristianity. This word brings a lot of mixed thoughts in one’s head especially for those people who do not understand the concept of this religion, such as the people of Rome in early times. â€Å" †¦ And by a distinction between the sea sons which is due to God’s arrangement, set aside some for festivals, others for times of sorrow- merely to suit their own inclinations! Who can consider this a proof of religion, and not, rather, of lack of understanding?† (The Epistle to Diognetus) Christianity was seenRead MoreLetters from a Skeptic1660 Words   |  7 PagesChristiane Desir Letters From A Skeptic How do you convert a skeptic? This is the central issue Dr. Gregory Boyd faces when he invites his father to partake in several correspondences about Christianity. Dr. Gregory Boyd is a theology professor at Bethel College. He currently lives in St. Paul, Minnesota with his wife and three children. He completed his Bachelors from the University of Minnesota, attended Yale Divinity School, and completed his Ph.D. from Princeton Theological Seminary. BesidesRead MoreSpiritual Perspectives On Health And Health993 Words   |  4 Pagesunderstand the patient’s view of health in order to comprehend the needs for healing. Health. The definition of health does not always mean free from disease or illness as explained Shelly and Miller (2006) through the concept of shalom. In the Christianity philosophy of health or shalom, is found when a person is at peace as they live in a relationship with God, with the people around them, with the environment as well as themselves. A similar belief seen in the Islamic faith is mentioned by LoveringRead More4-Mat Review System: Integrative Approaches to Psychology and Christianity1397 Words   |  6 Pages4-MAT Review System: Integrative Approaches to Psychology and Christianity Keyanna Hawkins Liberty University A 4-MAT Review System: Integrative Approaches to Psychology and Christianity Summary In the book Integrative Approaches to Psychology and Christianity, David N. Entwistle explores the relationship between theology and psychology. Throughout time, intellectuals have supported or dismissed the idea of integrating both perspectives. In his book, Entwistle states that during theRead MoreThe Question of God: C.S. Lewis and Sigmund Freud Debate God, Love, Sex and the Meaning of Life783 Words   |  4 Pagesother’s worldview. Nicholi points out that Lewis may have had an advantage in the understanding of the unbeliever’s worldview due to the fact that until the age of 30, he claimed to be â€Å"even more certain of his atheism than was Freud† (2002, Pg. 81). In his adult life, Freud had no dramatic change of worldview from believer to unbeliever like Lewis had. This fact may give Lewis a slight upper hand in the understanding of the unbeliever’s worldview; however, Freud was still one of the greatest minds

Essay about Boys Short Story Analysis - 998 Words

â€Å"Boys† By: Rick Moody Rebeca Montesinos February 10, 2011 Micheline Maylor English 1118 Energy is one of the single most important concepts to keep in mind when writing, it can make even the most insignificant occurrences interesting. Energy plays with the reader’s senses combining subject matter, leaps/ spacing and words into one to create a fascinating piece of work. â€Å"Good writers choose a topic they know a lot about—relationships, travel, growing up, bedrooms, hotels, restaurants, the synagogue on 42nd Street—and they trust that they will discover things about the topic as they work.† (Sellers 71) Rick Moody author of â€Å"Boys† has taken a relatable topic the process of growing up and has turned a thirty year frame into a condensed†¦show more content†¦The sharpness that the italics create plays an important role in the energy and pace of the piece, forcing you to slow down when encountering an italicized word changing the variation of the story as you read. As you read not only has wording made an influence in the p iece but also incorporated is a different point of view. â€Å"Boys† is introduced to us in third person offering us a long distances shot of the progress as the boys age. In an interview Rick Moody states that the third person is the mother of the boys, narrating the story in an â€Å"understated way, she is the perceiver, their mother is the center piece of the story.† (Rick Moody) Viewing the story from a higher place gives the reader a sense of intimacy with the narrator being able to perceive the lives of the characters the â€Å"boys† in a different light, the reader becomes a witness to the events in the progression of the â€Å"boys’† lives. The different styles of writing and wording that Moody used throughout his piece created and maintained a continuous pace. This pace allows the reader along with the narrator to become a part of the ‘boys’† aging process. Lastly, his choice of topic adds to the energy of the story, he begins his piece inspired by someone else’s, creates a variation of sentences based on the phrase â€Å"the boys entered the house† and then writes what he knows and incorporates personal aspects ofShow MoreRelateda dark brown dog Essay example899 Words   |  4 PagesDark Brown Dog† Analysis In Stephen Crane’s short story of â€Å"A Dark Brown Dog†, he writes about a young boy who finds, neglects, and befriends a ragged puppy, with a rope dragging the ground, when they meet. The boy takes fun in abusing the puppy, but when he tires of this he makes his way home. The puppy, even though the boy was not nice, starts to follows the boy home. When arriving home the boy defends the puppy to claiming him as his own. The boy’s father agrees to allow the boy to keep the puppyRead MoreAnalysis Of The Story Half A Day 1057 Words   |  5 Pages Single Character Analysis Name Institution Single Character Analysis The character analyzed in this paper is from Naguib Mahfouz’s short story, â€Å"Half a Day.† The major character selected for analysis is the narrator, who represents a character of a young boy oblivious of the significance of education (Laurie Stephen, 2012). Unlike other characters used in â€Å"Half a Day†, Naguib exhibits the young boy as a conspicuous element throughout the story by placing him in the first person characterRead MoreAnalysis Of To Build A Fire By Jack London1006 Words   |  5 PagesThe short story, â€Å"To Build a Fire,† written by Jack London took place on the Yukon trail. Further analysis led to the discovery that the story took place in Alaska. The setting became an important aspect within this story due to how much description was given to how cold it was. The cold weather suggests that the time of year was during the winter months. The setting of the story reminds readers that there are harsh places in the world, where n ature becomes overwhelmingly powerful. The short storyRead MoreAnalysis the Grasshopper and the Bell Cricket584 Words   |  3 PagesANALYSIS THE GRASSHOPPER AND THE BELL CRICKET BY: YASUNARI KAWABATA †The grasshopper and the bell cricket† is a short story, written by Yasunari Kawabata, written in a narrative perspective of someone watching children searching for insects using colored and decorated lanterns. I would like to think that the author is trying to symbolize life, and that it is not only one path to go. We are all aiming for acceptance and to fit in to the society, but this story tells us that The author, whoRead MoreSon of Satan1021 Words   |  5 PagesAnalysis and interpretation of Charles Bukowski’s short story â€Å"Son of Satan†. Rebellious behavior of today’s youth and vulgar vocabulary in early age can be developed by domestic violence, economic hardship and the loneliness caused by paternal indifference. This short story shows how important a good parenting and upbringing is and to maintain an image in front of your child, because the fact is that you become like your parents. The short story takes place in America and the reader gets theRead MoreThe Tone and Style of Ralph Ellisons Battle Royal Essay963 Words   |  4 PagesA short analysis of the major theme found in Ellison’s Battle Royal, supported by a literary criticism dealing with the tone and style of the story. Introduction: Ralph Ellison’s short story, Battle Royal, is mainly an account of the African American struggle for equality and identity. The narrator of the story is an above average youth of the African American community [Goldstein-Shirlet, 1999]. He is given an opportunity to give a speech to some of the more prestigious white individuals. HisRead MoreThe Last Spin by Evan Hunter Essay776 Words   |  4 PagesThe Last Spin by Evan Hunter Short Story Analysis How does the author position the reader towards the major theme using the narrative elements? Gangs affect everyone lives especially the people in the gang because other members make you do things that you don’t want to do or that is dangerous towards you or yourself. ‘The Last Spin’ by Evan Hunter is a short story about two boys from opposite gangs that were forced to settle an argument over territory. They did this by playing an extremely dangerousRead MoreThe Lottery, By Shirley Jackson974 Words   |  4 Pages I. Introduction a. Lead in Destructiveness and constructiveness are equally intrinsic characteristics of human nature. b. Background In the short story â€Å"The Lottery,† the inhabitants of a village participate in a lottery, which is essentially a tradition for them. However, the villagers are oblivious to the true consequences and destructiveness of their death ritual. One June day each year, the lottery is conducted and the â€Å"winner† is violently stoned to death. The very same day, the villagersRead More`` Araby `` By James Joyce1451 Words   |  6 Pageswrote fifteen short stories that depict Irish middle class life in Dublin, Ireland during the early years of the twentieth century. He entitled the compilation of these short stories Dubliners. The protagonist in each of these stories, shares a desire for change. This common interest motivates the protagonist and helps them to move forward in their lives. Additionally, the protagonist has an epiphany, or moment of realization or transformation. In â€Å"Araby†, the narrator is an unnamed boy who has theseRead More Litera ry Analysis of Barn Burning Essay example936 Words   |  4 PagesA Literary Analysis of Barn Burning At first glance, the story â€Å"Barn burning† seems just to be about a tyrannical father and a son who is in the grips of that tyranny. I think Faulkner explores at least one important philosophical question in this story were he asks at what point should a person make a choice between what his parent(s) and / or family believes and his own values? The main character and protagonist in this story is a boy named Colonel Sartoris. In this story, Sarty is faced

How Procter and Gamble Moved to Electronic Documents Free Essays

The Business Problem PG faced problems managing the vast amounts of paper required for a company that develops drugs and over-the-counter (OTC) medications. Regulatory issues, research and development (RD), and potential litigation generate even more paper documents and files. As a result, PG wanted to gain control of its company documents, reduce administrative oversight of its paper documents, reduce costs, accelerate RD initiatives, and improve tracking and signature compliance. We will write a custom essay sample on How Procter and Gamble Moved to Electronic Documents or any similar topic only for you Order Now PG decided to adopt an electronic document management system. When PG moved to electronic documents, it had to ensure that it could authenticate digital signatures and build signing and storage processes into its daily workflow. Further, PG’s legal department wanted to ensure that it had a legally enforceable signature on file. The IT Solution PG turned to IT integrator Cardinal Solutions (www. cardinalsolutions. com) to implement Adobe LiveCycle Reader Extensions and Adobe LiveCycle PDF Generator (www. adobe. com), which would function with PG’s eLab Notebook program. These software packages would manage, review, approve, and sign the huge volume of RD information, including files created with Microsoft Word, Excel, and PowerPoint. PG adopted the pharmaceutical industry’s Signatures and Authentication for Everyone (SAFE) BioPharma Association standard. This standard was established to help companies go paperless and still interact with regulatory authorities on a global scale. PG’s initiative focused on implementing methods to manage digital signatures and creating a method to confirm the identity of the signer. The company’s IT and legal departments agreed that the standard met the company’s business needs and risk requirements. Instead of recording information from experiments in paper notebooks – along with numbering each page, signing it and having a witness sign it – researchers can now use word processing programs, spreadsheets, presentation software, and similar tools to generate project notes and other necessary documentation. After a researcher has collected all the data, LiveCycle PDG Generator creates a PDF document and prompts the person creating the file to add a digital signature. The system requires the use of a USB token for authentication. At that point, LiveCycle Reader Extensions embeds usage rights within the document. The Result Today, once a digital signature is added to a file, an auditor can immediately view the document and all activity related to the document. The auditor right-clicks on the signature and views the entire audit trail. The signature can also be appended as a last page of the file so that it can be shared externally when necessary, such as in a court of law. The system saves PG time and money. Researchers no longer have to spend several hours per week archiving paper files from their experiments. In addition, PG is able to quickly retrieve large volumes of data that may be needed for government regulators or business partners. PG projects that it will achieve tens of millions of dollars in productivity gains by using the system. The typical employee will save approximately 30 minutes of signing and archiving time per week.. How to cite How Procter and Gamble Moved to Electronic Documents, Papers

Includes All The Statutory Requirements †Myassignmenthelp.Com

Question: Discuss About The Includes All The Statutory Requirements? Answer: Introducation The Australian Consumer Law (ACL) includes all the statutory requirements, remedies or courses of actions that would provide a guideline for the individuals and businesses who are dealing in commerce or trade. The ACL Act is the national law that deals with fair consumer and trading protection. The ACL also entails that a term of a consumer contract is void if the terms of the contract is unfair and the contract is a standard form of contract[1]. The contracts for sale between an individual as buyer and the developer as seller are considered standard form of contracts unless established otherwise. A consumer contract under the ACL refers to any contract for the sale or grant of a interest in land to any individual either predominantly or wholly for household, domestic or personal purpose. In order to determine whether a sale contract or a contract for grant f interest is a consumer contract under the ACL, the court shall consider the intention of the purchaser. In case land purchased in not used for private purposes, such contracts shall not be subject to the Australian Consumer Law[2]. As per Schedule 2 of the Competition and Consumer Act 2010, a contract for sale shall be considered as consumer contract under the Australian Consumer law provided such land be held for any household purpose as was found by the Supreme Court of West Australia in OPR WA Pty Ltd v Marron [2016] WASC 395. In case such land is held for the purpose of business investment, it shall be considered as a consumer contract under the Australian Consumer Law. The judgment of the court in this case establishes the fact that all lands purchased for household or private purposes shall be governed by the ACL. The ACL imposes certain limitations on the sellers and at the same time, endows the buyers with consumer guarantee with respect to the manner of carrying out the business operations. The limitations imposed upon the seller include application of deceptive or misleading conduct, use of unfair terms and bait advertisements. The paper entails about the impact, the Australian Consumer Law has on the sale of land with respect to unfair contract terms and misrepresentation. Unfair Contract terms The Trade Practices Amendment (Australian Consumer Law) Act (No. 1) 2010 (the ACL) aims at regulating unfair terms in standard form consumer contracts. The statute has substantial impact on developers contracts in relation to individuals[3]. After the commencement of the statute, the provisions for unfair terms stipulated under the statute that any unfair terms used in the standard form of contracts shall be considered as void and unenforceable. The ACL has laid down the terms that shall be considered as unfair terms, which are as follows: Any term that leads to a substantial imbalance in the rights and obligations of the parties; Any term that is not rationally necessary to safeguard the genuine interests of the developer; and, Any term that would be unfavorable for the purchaser, both financially or otherwise, if the purchaser relies on such terms; Although several clauses are incorporated in a developers contract that tends to result in favor of the developer and provides him with flexibility to complete the development project, but in order to establish the infringement of the ACL provisions, it is important to prove that the imbalance on part of the developer was significant. Further, in order to determine whether any particular term is necessary to safeguard the interests of the developer, the developer is required to provide evidence about the market in which they function, the economic factors that are imposed by the financiers, planning schemes and other regulations of the councils that provides the developer with a level of flexibility[4]. The statute requires the developers to ensure that their contracts include provision that provide discretion to the extent it is necessary to deliver finished products to the consumers and it must not provide any additional freedom as it would otherwise amount to unfair contractual terms. The terms that are not considered as unfair include the following: any term that defines the subject matter of the contract; any term that highlights the upfront price payable under the developers contract; any tern that is expressly allowed or are required to be incorporated by the state or Commonwealth law; As discussed, earlier about the restrictions that are imposed on the businesses with respect to the incorporation of the unfair terms in a standard form of consumer contracts, consumers are often made to sign standard contracts relating to the sale of land[5]. The new provisions related to unfair contracts terms purports to create transparent contracts in relation to consumer transactions with a view to deal with the risk that may arise with respect to such contracts. The terms would also serve the purpose of preventing the businesses from incorporating terms that may be unfavorable to the legitimate interest of the consumers. The incorporation of section 23 of the ACL stipulates that a term shall be considered void if such term is unfair and it affects the legitimate interest of the consumers. Further, the provisions of ACL are applicable only to transactions the value of which do not exceed $40000 or for transactions that are made to serve household and private purposes[6]. Thus, if the sale of land is made for household purpose, it shall become subject to the provisions of unfair terms stipulated under the contract. According to the definition of interest of land mentioned under Schedule 1, section 2 of the Australian Competition and Consumer Act 2010 (Cth), it is equal to the legal estate of land. It further includes shares of a company owning the land, right, a power, or privilege, held in relation to a land and occupancy right in the land or a building erected on it. The provisions of ACL are not applicable to business contracts rather the applicability of the provisions with respect to unfair terms is confined to standard form of contracts only. Nevertheless, as per section 27(1) of the Act, it is required to prove that a standard form of contract is not a contract that considers the contrary[7]. The onus of proof is on the seller to establish that the contract was subject to negotiation. Several factors that are laid down under Section 27(2) must be taken into consideration by the courts in order to determine whether the contract is a standard form of contract. This is because all contracts are deemed as standard form of contract unless the seller is able to establish the contrary. The provisions related to unfair terms as stipulated under section 24 of the ACL can be applied to a contract after the contract is assessed to be a standard form of contract by the court. The terms of the contract shall be considered as unfair if I causes an imbalance between the rights and responsibilities of the parties, and fails to safeguard the legitimate interests of the party who is otherwise, entitled to the benefits assured by the contract[8]. Further, it shall be considered as detrimental for the part in case the party acts, relying on the terms included in the contract. While entering into a sale of land contract, the Accounting must not incorporate any terms into the contract that violates the rights of a party excluding the restricted terms. They must not include terms that entitle only one party to terminate the contract, or terms that sets out penalties only for one party and other clauses that permits unilateral variation of interest in land and terms that restricts the right of one party towards legal actions[9]. In Director of Consumer Affairs Victoria v Craig Langley Pty Ltd Matrix Pilates and Yoga Pty Ltd (Civil Claims) it was found that a contract that has been subject to negotiation by the parties cannot include any term that can be deemed as unfair term. In ACCC v Bytecard Pty Ltd 2013, the court decided in favor of the Australian Completion and Consumer Commission against the defendant company in relation to the sale of an interest in land. This is the first case that applied the relevant provisions relating to the newly incorporated unfair contract terms under the ACL. In the case of Director of Consumer Affairs Victoria v AAPT Ltd (Civil Claims) [2006] VCAT 1493 the court held that if an additional term is added along with unfair term, to a contract in favor of the consumer, it would counter balance the unfair term in case the consumer is unaware of the terms. It is imperative for the developers to take reasonable steps to ensure that they have sufficient knowledge about the rules that have been imposed on them by the recently introduced provisions relating to unfair contract terms under the ACL so that the terms incorporated in the contract are not deemed as unfair terms. In case the court believes the term of a contract to be unfair, the aggrieved parties whose rights are breached must be entitled to terminate the contract. However, if there is a scope that these contract can still be valid and enforceable even after the removal of the unfair terms from the contract, the court shall orders to remove such unfair term and declare the contract to have a binding effect upon the parties[10]. Misrepresentation The term may be defined as a false statement that is made by one party in order to persuade the other party to enter into the contract, where such statement does not form any term of the contract. As per the Commonwealth and the state legislations, it is an offense to induce a person to enter into a contract by using false statements or by making misleading representations. The Australian Consumer Law (ACL) characterizes any false statements or misleading representations as an offence under section 2, Schedule 2 of the Act. Several instances of misrepresentations include testimonials for good or service, goods being new, any specific history or standard, value, quality, availability of repairing facilities, etc. According to section 18 of the ACL, a person within the scope of trade and commerce is prevented from engaging into any conduct that may cause misrepresentation either by way of misleading or deceptive conduct. According to section 30 of the ACL, a business or person is prohibited from making any misleading or false representation relating to sale or promotion of a property in land[11]. It also entails the sponsorship, approval, affiliation of individual by whom the statement is made, the kinds of benefits associated with the land, the venue, the price, the permission to have access to the facilities associated with the land. The section is applicable when there is misrepresentation and deceiving whole dealing with contracts for sale of land. In Given v Pryor (1979)[12], the court explained what might amount to misrepresentation and misleading conduct. In this case, the court asserted that representation is not restricted to verbal statement but extends to any form of oral or written statement, words, plans, drawings, maps and photographs and gestures and other conducts. Mere silence with respect to a fact shall be deemed as misrepresentation especially under circumstances where silence can have a negative impact on the purchaser. In Williams v Pisano[2015][13], the issue in question before the New South Wales court of appeal was to decide whether a seller of a private home who confesses having committed misrepresentation with respect to the quality of the house is liable under the statutory provisions of misleading and deceptive conduct stipulated the Australian Consumer Law. While determining the issue, the court had taken the proportionate liability regime as provided by Part VIA of the statute into consideration. In this case, the seller of the property was the owner of the building which implies that the owner shall be accountable for any defects arising out of the work carried out by her in the building. The seller and his wife owned the plot for several years and they decided to refurbish the same. The wife had obtained a builder permit and engaged consultants and a builder to develop a plan based on cost plus payment mode. The wife supervised the renovation work carried out by the builder but there was no detailed architectural supervision carried out. The vendors had made an advertisement for the sale of the property. A real estate agent had been engaged in order to assist for the sale. The wife introduced herself as the project designer. The sellers and the agent to the purchaser contended that the renovation work of the property had been carried out in the best possible way considering any expenses. After the property was sold, it was discovered by the purchaser that various short cuts were adopted while carrying out the renovation process, which led to significant defects[14]. One of the significant defects included a major problem related to water penetration. The trial judge held that the cost to remedy the damages was worth $1.2 million. The trial judge held that the wife was liable for the violation of warranties stipulated by her being the owner of the building. The purchaser made a further claim against the husband under the provisions of ACL that he was not accountable for the warranties. It was held by the trial judge that the representation made by William with respect to the claim, that the representation was made with respect to trade and commerce hence, the husband was imposed with a penalty of $1.7 million. The court held that there was a joint liability on part of each of the vendors. The husband appealed against the decision of the trial court. The following grounds of appeal were submitted before the court including that the representation of the vendor had not been made in trade or commerce and thus the ACL was not applicable to the defendant. The court further supported its decision on Taco Co of Australia Inv v Taco Bell Pty Ltd (1982)[15]. The court held that when it comes to the sale of land, the vendors of land shall be subject to the same rules of misrepresentation as discussed above in relation to the contract for the sale of land. In the case of Australian Equity Investors, An Arizona Ltd Partnership v Colliers International (NSW) Pty Ltd (No 4) [2011][16] it had been provided by the court that there has been violation of provisions Section 30 of the ACL. The violation was caused in relation to valuation on the ground that it made misleading and false statement related to the payable price for the land. Thus, from the above discussion, it can be stated that the Australian consumer law has become more stringent in its application when it comes to the sale of land for serving household and domestic purpose. It requires application of the statutory provisions with a view to safeguard the rights of the consumers. The businesses must have knowledge about the impact and outcomes of unfair terms and misrepresentation with respect to consumer contracts in relation to sale of land must take reasonable steps to avert the legal liabilities. Reference ACCC v Bytecard Pty Ltd 2013 Australian Equity Investors, An Arizona Ltd Partnership v Colliers International (NSW) Pty Ltd (No 4) [2011] FCA 442 Butler, Desmond, et al. "Contract Law Case Book." (2013). Casson, Jonathan. "Small business and unfair contract terms: Changes on the horizon."LSJ: Law Society of NSW Journal3.2 (2016): 76. Competition, Australian, and Consumer Commission. "Compliance and enforcement policy." (2017). Director of Consumer Affairs Victoria v AAPT Ltd (Civil Claims) [2006] VCAT 1493 Director of Consumer Affairs Victoria v Craig Langley Pty Ltd Matrix Pilates and Yoga Pty Ltd (Civil Claims) Evans, Phil. "The building and construction industry code of conduct (WA)."Brief44.6 (2017): 22. Given v Pryor (1979) 39 FLR 437 Greenwood, Verity, and Larry Dwyer. "Consumer protection as essential to destination competitiveness."CAUTHE 2015: Rising Tides and Sea Changes: Adaptation and Innovation in Tourism and Hospitality(2015): 486. Latimer, Paul. "Protecting Consumers from Unfair Contract Terms: Australian Comparisons." (2016). Nahan, N., and Eileen Webb. "Unfair contract terms in consumer contracts."Consumer Law and Policy in Australia and New Zealand. 2013. Pearson, Gail. "Current Issues for Consumer Protection Law in Australia."Consumer Law and Socioeconomic Development. Springer, Cham, 2017. 199-208. Pearson, Gail. "Further challenges for Australian consumer law."Consumer Law and Socioeconomic Development. Springer, Cham, 2017. 287-305. Simons, Josh. "The end of'unfairness' in commercial contracts: Proposed extension of'unfair contract terms' laws to business to business transactions."Governance Directions66.7 (2014): 431. Smith, Nicholas. "Intellectual property: Misleading and deceptive conduct: When copying is not enough."LSJ: Law Society of NSW Journal11 (2015): 76. Supreme Court of West Australia in OPR WA Pty Ltd v Marron [2016] WASC 395. Taco Co of Australia Inv v Taco Bell Pty Ltd (1982) 2 TPR 48 Tran-Tsai, Kye. "Property law: Off-the-plan contracts: The sun has set on vendors' rescission rights."LSJ: Law Society of NSW Journal3.1 (2016): 80. Williams v Pisano[2015]NSWCA 17 [1] Latimer, Paul. "Protecting Consumers from Unfair Contract Terms: Australian Comparisons." (2016). [2] Simons, Josh. "The end of'unfairness' in commercial contracts: Proposed extension of'unfair contract terms' laws to business to business transactions."Governance Directions66.7 (2014): 431. [3] Pearson, Gail. "Current Issues for Consumer Protection Law in Australia."Consumer Law and Socioeconomic Development. Springer, Cham, 2017. 199-208. [4] Casson, Jonathan. "Small business and unfair contract terms: Changes on the horizon."LSJ: Law Society of NSW Journal3.2 (2016): 76. [5] Nahan, N., and Eileen Webb. "Unfair contract terms in consumer contracts."Consumer Law and Policy in Australia and New Zealand. 2013. [6] Competition, Australian, and Consumer Commission. "Compliance and enforcement policy." (2017). [7] Pearson, Gail. "Further challenges for Australian consumer law."Consumer Law and Socioeconomic Development. Springer, Cham, 2017. 287-305. [8] Butler, Desmond, et al. "Contract Law Case Book." (2013). [9] Evans, Phil. "The building and construction industry code of conduct (WA)."Brief44.6 (2017): 22. [10] Smith, Nicholas. "Intellectual property: Misleading and deceptive conduct: When copying is not enough."LSJ: Law Society of NSW Journal11 (2015): 76. [11] Tran-Tsai, Kye. "Property law: Off-the-plan contracts: The sun has set on vendors' rescission rights."LSJ: Law Society of NSW Journal3.1 (2016): 80. [12] [1979] 39 FLR 437. [13] NSWCA 177. [14] Greenwood, Verity, and Larry Dwyer. "Consumer protection as essential to destination competitiveness."CAUTHE 2015: Rising Tides and Sea Changes: Adaptation and Innovation in Tourism and Hospitality(2015): 486. [15] [1982] 2 TPR 48. [16] [2011] FCA 442.

Includes All The Statutory Requirements †Myassignmenthelp.Com

Question: Discuss About The Includes All The Statutory Requirements? Answer: Introducation The Australian Consumer Law (ACL) includes all the statutory requirements, remedies or courses of actions that would provide a guideline for the individuals and businesses who are dealing in commerce or trade. The ACL Act is the national law that deals with fair consumer and trading protection. The ACL also entails that a term of a consumer contract is void if the terms of the contract is unfair and the contract is a standard form of contract[1]. The contracts for sale between an individual as buyer and the developer as seller are considered standard form of contracts unless established otherwise. A consumer contract under the ACL refers to any contract for the sale or grant of a interest in land to any individual either predominantly or wholly for household, domestic or personal purpose. In order to determine whether a sale contract or a contract for grant f interest is a consumer contract under the ACL, the court shall consider the intention of the purchaser. In case land purchased in not used for private purposes, such contracts shall not be subject to the Australian Consumer Law[2]. As per Schedule 2 of the Competition and Consumer Act 2010, a contract for sale shall be considered as consumer contract under the Australian Consumer law provided such land be held for any household purpose as was found by the Supreme Court of West Australia in OPR WA Pty Ltd v Marron [2016] WASC 395. In case such land is held for the purpose of business investment, it shall be considered as a consumer contract under the Australian Consumer Law. The judgment of the court in this case establishes the fact that all lands purchased for household or private purposes shall be governed by the ACL. The ACL imposes certain limitations on the sellers and at the same time, endows the buyers with consumer guarantee with respect to the manner of carrying out the business operations. The limitations imposed upon the seller include application of deceptive or misleading conduct, use of unfair terms and bait advertisements. The paper entails about the impact, the Australian Consumer Law has on the sale of land with respect to unfair contract terms and misrepresentation. Unfair Contract terms The Trade Practices Amendment (Australian Consumer Law) Act (No. 1) 2010 (the ACL) aims at regulating unfair terms in standard form consumer contracts. The statute has substantial impact on developers contracts in relation to individuals[3]. After the commencement of the statute, the provisions for unfair terms stipulated under the statute that any unfair terms used in the standard form of contracts shall be considered as void and unenforceable. The ACL has laid down the terms that shall be considered as unfair terms, which are as follows: Any term that leads to a substantial imbalance in the rights and obligations of the parties; Any term that is not rationally necessary to safeguard the genuine interests of the developer; and, Any term that would be unfavorable for the purchaser, both financially or otherwise, if the purchaser relies on such terms; Although several clauses are incorporated in a developers contract that tends to result in favor of the developer and provides him with flexibility to complete the development project, but in order to establish the infringement of the ACL provisions, it is important to prove that the imbalance on part of the developer was significant. Further, in order to determine whether any particular term is necessary to safeguard the interests of the developer, the developer is required to provide evidence about the market in which they function, the economic factors that are imposed by the financiers, planning schemes and other regulations of the councils that provides the developer with a level of flexibility[4]. The statute requires the developers to ensure that their contracts include provision that provide discretion to the extent it is necessary to deliver finished products to the consumers and it must not provide any additional freedom as it would otherwise amount to unfair contractual terms. The terms that are not considered as unfair include the following: any term that defines the subject matter of the contract; any term that highlights the upfront price payable under the developers contract; any tern that is expressly allowed or are required to be incorporated by the state or Commonwealth law; As discussed, earlier about the restrictions that are imposed on the businesses with respect to the incorporation of the unfair terms in a standard form of consumer contracts, consumers are often made to sign standard contracts relating to the sale of land[5]. The new provisions related to unfair contracts terms purports to create transparent contracts in relation to consumer transactions with a view to deal with the risk that may arise with respect to such contracts. The terms would also serve the purpose of preventing the businesses from incorporating terms that may be unfavorable to the legitimate interest of the consumers. The incorporation of section 23 of the ACL stipulates that a term shall be considered void if such term is unfair and it affects the legitimate interest of the consumers. Further, the provisions of ACL are applicable only to transactions the value of which do not exceed $40000 or for transactions that are made to serve household and private purposes[6]. Thus, if the sale of land is made for household purpose, it shall become subject to the provisions of unfair terms stipulated under the contract. According to the definition of interest of land mentioned under Schedule 1, section 2 of the Australian Competition and Consumer Act 2010 (Cth), it is equal to the legal estate of land. It further includes shares of a company owning the land, right, a power, or privilege, held in relation to a land and occupancy right in the land or a building erected on it. The provisions of ACL are not applicable to business contracts rather the applicability of the provisions with respect to unfair terms is confined to standard form of contracts only. Nevertheless, as per section 27(1) of the Act, it is required to prove that a standard form of contract is not a contract that considers the contrary[7]. The onus of proof is on the seller to establish that the contract was subject to negotiation. Several factors that are laid down under Section 27(2) must be taken into consideration by the courts in order to determine whether the contract is a standard form of contract. This is because all contracts are deemed as standard form of contract unless the seller is able to establish the contrary. The provisions related to unfair terms as stipulated under section 24 of the ACL can be applied to a contract after the contract is assessed to be a standard form of contract by the court. The terms of the contract shall be considered as unfair if I causes an imbalance between the rights and responsibilities of the parties, and fails to safeguard the legitimate interests of the party who is otherwise, entitled to the benefits assured by the contract[8]. Further, it shall be considered as detrimental for the part in case the party acts, relying on the terms included in the contract. While entering into a sale of land contract, the Accounting must not incorporate any terms into the contract that violates the rights of a party excluding the restricted terms. They must not include terms that entitle only one party to terminate the contract, or terms that sets out penalties only for one party and other clauses that permits unilateral variation of interest in land and terms that restricts the right of one party towards legal actions[9]. In Director of Consumer Affairs Victoria v Craig Langley Pty Ltd Matrix Pilates and Yoga Pty Ltd (Civil Claims) it was found that a contract that has been subject to negotiation by the parties cannot include any term that can be deemed as unfair term. In ACCC v Bytecard Pty Ltd 2013, the court decided in favor of the Australian Completion and Consumer Commission against the defendant company in relation to the sale of an interest in land. This is the first case that applied the relevant provisions relating to the newly incorporated unfair contract terms under the ACL. In the case of Director of Consumer Affairs Victoria v AAPT Ltd (Civil Claims) [2006] VCAT 1493 the court held that if an additional term is added along with unfair term, to a contract in favor of the consumer, it would counter balance the unfair term in case the consumer is unaware of the terms. It is imperative for the developers to take reasonable steps to ensure that they have sufficient knowledge about the rules that have been imposed on them by the recently introduced provisions relating to unfair contract terms under the ACL so that the terms incorporated in the contract are not deemed as unfair terms. In case the court believes the term of a contract to be unfair, the aggrieved parties whose rights are breached must be entitled to terminate the contract. However, if there is a scope that these contract can still be valid and enforceable even after the removal of the unfair terms from the contract, the court shall orders to remove such unfair term and declare the contract to have a binding effect upon the parties[10]. Misrepresentation The term may be defined as a false statement that is made by one party in order to persuade the other party to enter into the contract, where such statement does not form any term of the contract. As per the Commonwealth and the state legislations, it is an offense to induce a person to enter into a contract by using false statements or by making misleading representations. The Australian Consumer Law (ACL) characterizes any false statements or misleading representations as an offence under section 2, Schedule 2 of the Act. Several instances of misrepresentations include testimonials for good or service, goods being new, any specific history or standard, value, quality, availability of repairing facilities, etc. According to section 18 of the ACL, a person within the scope of trade and commerce is prevented from engaging into any conduct that may cause misrepresentation either by way of misleading or deceptive conduct. According to section 30 of the ACL, a business or person is prohibited from making any misleading or false representation relating to sale or promotion of a property in land[11]. It also entails the sponsorship, approval, affiliation of individual by whom the statement is made, the kinds of benefits associated with the land, the venue, the price, the permission to have access to the facilities associated with the land. The section is applicable when there is misrepresentation and deceiving whole dealing with contracts for sale of land. In Given v Pryor (1979)[12], the court explained what might amount to misrepresentation and misleading conduct. In this case, the court asserted that representation is not restricted to verbal statement but extends to any form of oral or written statement, words, plans, drawings, maps and photographs and gestures and other conducts. Mere silence with respect to a fact shall be deemed as misrepresentation especially under circumstances where silence can have a negative impact on the purchaser. In Williams v Pisano[2015][13], the issue in question before the New South Wales court of appeal was to decide whether a seller of a private home who confesses having committed misrepresentation with respect to the quality of the house is liable under the statutory provisions of misleading and deceptive conduct stipulated the Australian Consumer Law. While determining the issue, the court had taken the proportionate liability regime as provided by Part VIA of the statute into consideration. In this case, the seller of the property was the owner of the building which implies that the owner shall be accountable for any defects arising out of the work carried out by her in the building. The seller and his wife owned the plot for several years and they decided to refurbish the same. The wife had obtained a builder permit and engaged consultants and a builder to develop a plan based on cost plus payment mode. The wife supervised the renovation work carried out by the builder but there was no detailed architectural supervision carried out. The vendors had made an advertisement for the sale of the property. A real estate agent had been engaged in order to assist for the sale. The wife introduced herself as the project designer. The sellers and the agent to the purchaser contended that the renovation work of the property had been carried out in the best possible way considering any expenses. After the property was sold, it was discovered by the purchaser that various short cuts were adopted while carrying out the renovation process, which led to significant defects[14]. One of the significant defects included a major problem related to water penetration. The trial judge held that the cost to remedy the damages was worth $1.2 million. The trial judge held that the wife was liable for the violation of warranties stipulated by her being the owner of the building. The purchaser made a further claim against the husband under the provisions of ACL that he was not accountable for the warranties. It was held by the trial judge that the representation made by William with respect to the claim, that the representation was made with respect to trade and commerce hence, the husband was imposed with a penalty of $1.7 million. The court held that there was a joint liability on part of each of the vendors. The husband appealed against the decision of the trial court. The following grounds of appeal were submitted before the court including that the representation of the vendor had not been made in trade or commerce and thus the ACL was not applicable to the defendant. The court further supported its decision on Taco Co of Australia Inv v Taco Bell Pty Ltd (1982)[15]. The court held that when it comes to the sale of land, the vendors of land shall be subject to the same rules of misrepresentation as discussed above in relation to the contract for the sale of land. In the case of Australian Equity Investors, An Arizona Ltd Partnership v Colliers International (NSW) Pty Ltd (No 4) [2011][16] it had been provided by the court that there has been violation of provisions Section 30 of the ACL. The violation was caused in relation to valuation on the ground that it made misleading and false statement related to the payable price for the land. Thus, from the above discussion, it can be stated that the Australian consumer law has become more stringent in its application when it comes to the sale of land for serving household and domestic purpose. It requires application of the statutory provisions with a view to safeguard the rights of the consumers. The businesses must have knowledge about the impact and outcomes of unfair terms and misrepresentation with respect to consumer contracts in relation to sale of land must take reasonable steps to avert the legal liabilities. Reference ACCC v Bytecard Pty Ltd 2013 Australian Equity Investors, An Arizona Ltd Partnership v Colliers International (NSW) Pty Ltd (No 4) [2011] FCA 442 Butler, Desmond, et al. "Contract Law Case Book." (2013). Casson, Jonathan. "Small business and unfair contract terms: Changes on the horizon."LSJ: Law Society of NSW Journal3.2 (2016): 76. Competition, Australian, and Consumer Commission. "Compliance and enforcement policy." (2017). Director of Consumer Affairs Victoria v AAPT Ltd (Civil Claims) [2006] VCAT 1493 Director of Consumer Affairs Victoria v Craig Langley Pty Ltd Matrix Pilates and Yoga Pty Ltd (Civil Claims) Evans, Phil. "The building and construction industry code of conduct (WA)."Brief44.6 (2017): 22. Given v Pryor (1979) 39 FLR 437 Greenwood, Verity, and Larry Dwyer. "Consumer protection as essential to destination competitiveness."CAUTHE 2015: Rising Tides and Sea Changes: Adaptation and Innovation in Tourism and Hospitality(2015): 486. Latimer, Paul. "Protecting Consumers from Unfair Contract Terms: Australian Comparisons." (2016). Nahan, N., and Eileen Webb. "Unfair contract terms in consumer contracts."Consumer Law and Policy in Australia and New Zealand. 2013. Pearson, Gail. "Current Issues for Consumer Protection Law in Australia."Consumer Law and Socioeconomic Development. Springer, Cham, 2017. 199-208. Pearson, Gail. "Further challenges for Australian consumer law."Consumer Law and Socioeconomic Development. Springer, Cham, 2017. 287-305. Simons, Josh. "The end of'unfairness' in commercial contracts: Proposed extension of'unfair contract terms' laws to business to business transactions."Governance Directions66.7 (2014): 431. Smith, Nicholas. "Intellectual property: Misleading and deceptive conduct: When copying is not enough."LSJ: Law Society of NSW Journal11 (2015): 76. Supreme Court of West Australia in OPR WA Pty Ltd v Marron [2016] WASC 395. Taco Co of Australia Inv v Taco Bell Pty Ltd (1982) 2 TPR 48 Tran-Tsai, Kye. "Property law: Off-the-plan contracts: The sun has set on vendors' rescission rights."LSJ: Law Society of NSW Journal3.1 (2016): 80. Williams v Pisano[2015]NSWCA 17 [1] Latimer, Paul. "Protecting Consumers from Unfair Contract Terms: Australian Comparisons." (2016). [2] Simons, Josh. "The end of'unfairness' in commercial contracts: Proposed extension of'unfair contract terms' laws to business to business transactions."Governance Directions66.7 (2014): 431. [3] Pearson, Gail. "Current Issues for Consumer Protection Law in Australia."Consumer Law and Socioeconomic Development. Springer, Cham, 2017. 199-208. [4] Casson, Jonathan. "Small business and unfair contract terms: Changes on the horizon."LSJ: Law Society of NSW Journal3.2 (2016): 76. [5] Nahan, N., and Eileen Webb. "Unfair contract terms in consumer contracts."Consumer Law and Policy in Australia and New Zealand. 2013. [6] Competition, Australian, and Consumer Commission. "Compliance and enforcement policy." (2017). [7] Pearson, Gail. "Further challenges for Australian consumer law."Consumer Law and Socioeconomic Development. Springer, Cham, 2017. 287-305. [8] Butler, Desmond, et al. "Contract Law Case Book." (2013). [9] Evans, Phil. "The building and construction industry code of conduct (WA)."Brief44.6 (2017): 22. [10] Smith, Nicholas. "Intellectual property: Misleading and deceptive conduct: When copying is not enough."LSJ: Law Society of NSW Journal11 (2015): 76. [11] Tran-Tsai, Kye. "Property law: Off-the-plan contracts: The sun has set on vendors' rescission rights."LSJ: Law Society of NSW Journal3.1 (2016): 80. [12] [1979] 39 FLR 437. [13] NSWCA 177. [14] Greenwood, Verity, and Larry Dwyer. "Consumer protection as essential to destination competitiveness."CAUTHE 2015: Rising Tides and Sea Changes: Adaptation and Innovation in Tourism and Hospitality(2015): 486. [15] [1982] 2 TPR 48. [16] [2011] FCA 442.