The House Of The Seven Gables Essays - The House Of The Seven Gables

The House Of The Seven Gables By Nathaniel Hawthorne The House of the Seven Gables is a sentimental novel set in a great and rural, old house with seven peaks in New England town. The story opens with its history, starting in the 1690's, when witch-chasing was wild. A short time later, it spins around the course of one summer in the 1850's. At his housewarming party, Colonel Pyncheon, the socially noted proprietor of the house was strangely discovered dead in one of the rooms. Despite the fact that he was exceptionally regarded for his riches and high position, legend has it that he usurped the land on which his home remained from a poor individual named Matthew Maule. Maule was no one worth mentioning. Moreover, he was reputed to rehearse black magic. For this, he was hanged and it was supposed that Pyncheon was answerable for it in light of the fact that he needed the land for himself. Nonetheless, his social noticeable quality and Maule's ignominy permitted him to pull off the wrongdoing easily. Before Maule kicked the bucket however, reviled him saying, God will give him blood to drink. For a considerable length of time, the Pyncheon-Maule debate continued. The long queue of Pyncheons battled to keep the land from their opponents. In spite of the fact that they prevailing in this, their insatiability turned into their own demise. Alice Pyncheon passes on the grounds that her dad, Gervayse, permitted her to be entranced by a Maule too named Matthew, since he trusted him when he said that he required Alice's brain to discover a the covered up Pyncheon treasure. Clifford Pyncheon was another survivor of the insatiability of his cousin Judge Jaffrey Pyncheon. He encircled him and sent him to jail for executing their uncle with the goal that he could have the Pyncheon fortune to himself. In any case, after numerous years, the once discussed manor was in the end overlooked, and the story centers around when Hepzibah Pyncheon, an old and desolate old maid possessed it. She was regularly dreaded for the glower all over that was in reality just the aftereffect of an interminable squint because of her poor visual perception. Glad and without ability for down to earth matters, she is an image of rotting privileged. She laments for her dearest sibling, Clifford, who was encircled and detained. She had a visitor named Holgrave. He is an alluring and imtellectual youngster with present day perspectives and thoughts. He lectures about social change to Hepzibah and Phoebe. At the point when her cash was running out, Hepzibah had to open little bakeshop in the front peak of the house and forsake her fantasy of nobility. This lone adds to her wretchedness until her young niece, Phoebe, originates from the nation to live with her in the house. Like a beam of daylight, she illuminates the house with her excellence, effortlessness, and free-vivacity Following 30 years in jail, Hepzibah's sibling, Clifford, is discharged and gets back home to the place of seven peaks. He has an adoration for excellence however the long stretches of isolation had drawn out the life from him what's more, he turned out to be harsh and spiritless. At that point he builds up a unique bond with Phoebe. Regardless of the multifaceted nature of his character, she got him. A continuous guest was Judge Jaffrey Pyncheon. He took after his progenitor, the colonel truly what's more, in his avarice and grandiosity too. However, he professes to be amiable and friendly. He demands that Clifford had the information about a covered up Pyncheon fortune. In any case, reality of the issue is that Clifford has since a long time ago overlooked the mystery. One day , Judge Jaffrey comes back once more, searching for Clifford. He figures out how to drive Hepzibah to let him see her sibling and she goes up to bring him. He isn't in his room and when she returns to tell the adjudicator, she discovers him dead. What's more, Clifford is remaining close to him. Apprehensive that he would be blamed for homicide once more, Clifford escapes, bringing Hepzibah along. In their nonattendance, Holgrave and Phoebe begin to look all starry eyed at. In the long run, it was found that Jaffrey's passing was a consequence of a stroke, and everything is cleared furthermore, settled. Clifford and Hepzibah return and Holgrave requests that Phoebe wed him. She concurs furthermore, he unveils that he is a relative of Matthew Maule. The mystery treasure ended up being the deed of the region, which was presently futile. It was covered up inside a vault hid by the painting of the colonel which held tight the mass of the house eversince it was assembled. Hepzibah, Clifford, Phoebe, and Holgrave all choose to leave

International Trade Operations in Egypt Essay Example | Topics and Well Written Essays - 1000 words

Worldwide Trade Operations in Egypt - Essay Example The paper advises that Egypt happens to be the most populated Arab country. It additionally happens to be the second most populated African Nation. The vast majority of the number of inhabitants in Egypt is amassed in the huge urban communities like Alexandria and Cairo and in and around the Delta of the Nile Valley. The populace in the rustic regions in Egypt is on the decrease on the grounds that an enormous number of Egyptian populaces are moving to the urban center points to evaluate a superior way of life and to profit by the financial improvement occurring in these urban centers. Egypt could be arranged to be an accomplished country with its proficiency rate being 71.4 percent. In Egypt training is let loose right to the college level and it is mandatory from age 6 through 15. The long standing Egyptian President, Hosni Mubarak needed to leave following enormous scope political fights in the country, prevalently drove by the youngsters. In the year 2004, the Egyptian government started enormous scope financial changes planned for privatizing the misfortune making open division units and defending the taxes and charges. Egypt encountered an exemplary monetary development, resting at 7 percent till the year 2008. Be that as it may, with the beginning of the worldwide monetary emergency, the financial development went beneath the previous 7 percent mark. Thinking about the ongoing, across the board political fights in Egypt, the pace of monetary development could be relied upon to stay low for the time. In any case, it could sensibly be accepted that Egypt is step by step moving towards a fair, parliamentary type of government. With the inception of the political changes, the Egyptian economy could well be relied upon to adjust further to the Global monetary patterns and Practices. Slide II Egypt isn't just the home to a quickly developing populace, be that as it may, interestingly, a larger part of the Egyptian populace involves youngsters and the matured c omprise a miniscule of the Egyptian populace. It is a reality validated by practical that youngsters are generally progressively open to new thoughts, methods of getting things done, items and administrations. In addition, youngsters are normally progressively educated about the worldwide patterns be they political, monetary or culinary. Likewise considering the huge size of the populace that for the most part contains youngsters, Egypt should import more food items to take care of it. Passing by the way that the greater part of the Egyptian cultivating and journal is moved in the Nile Valley, which involves a pitiful arable land, not fit for creating enough food to take care of the enormous Egyptian populace, it could well be normal that in the occasions to come, Egypt should depend outwardly sources to take care of its quickly developing populace. Additionally, passing by the convergence of youngsters in the Egyptian populace, in the occasions to come it could securely be expected this moderately youthful populace will display a stamped inclination for outside nourishments and culinary joys. In that specific circumstance, it is an auspicious time for the Content Cow Diary to trade its items to Egypt. In the event that it raids into the Egyptian markets at this moment, it could logically hope to unite its situation in the Egyptian markets, in the occasions to come. Slide III International exchange to a huge degree is controlled by the free interchange of interest and gracefully and the economies of scale that fluctuated countries order with regards to explicit items. On the off chance that one glances at the GDP of Egypt, one could without much of a stretch see that the farming segment contributes a small 14.4 percent to the national GDP (CIA The World FactBook, 2012). Interestingly, different mainstays of the Egyptian economy that are industry and administrations segment contribute 39.5 percent and 45.8 percent separately to the national GDP (CIA The World F actBook, 2012). In this manner, it will hush up practical to accept that the agribusiness area in Egypt isn't all around created and modernized and couldn't be relied upon to produce enough to have the option to take care of

Should I Write About Community Service in my Common App Essay TKG

Should I Write About Community Service in my Common App Essay We’re often asked about how to turn a community service experience into an amazing common app essay. The answer is that you probably shouldn’t.  Sounds harsh, but it’s true. There are many reasons as to why writing about community service is a no-go, but let’s start with a general rule that applies to all common app essay topics. Do not write about anything that appears elsewhere in your application. We’re referring to your activities section. If you truly believe that community service is so important to you and it’s the only thing you have to talk about, 1) we’re calling your bluff and 2) it’s going to plastered all over your activities section. Writing an essay about anything that’s already on your application would be redundant. Think of it like this: if you could only tell a college three things about yourself, you wouldn’t use the word “charitable” twice. Let’s address our remaining thoughts on this topic in form of a QA:“But I gave up my spring bre ak and/or my summer to travel to a developing country.”HARD STOP. First know that we are not trying to make you feel bad about how you’ve chosen to spend your free time. But 1) your parents probably financed your trip and 2) the very fact that you were able to travel (read: not work) during breaks from school will flag privilege.  At it’s core, the “life-changing-trip-to-____” essay, is a travel (and privilege) essay. If you don’t believe us, google “Voluntourism” and see what people have to say. (Spoiler alert: there is more than a little bit of criticism on the idea of people traveling to other countries trying to make some sort of social impact in a two week time period.)  It’s also worth noting that there’s a very good chance that the person reading your essay does not have the financial means to travel across the globe helping children in need. It’s not that relatable and you shouldn’t risk making a bad impression straight out of the gates. “But my st ory is going to be different because I’m really passionate about the cause.”Unless you’ve done a tremendous, continuous, hyper focused amount of work throughout your entire high school career in one highly specific area CLOSE TO YOUR HOME, the short-term service trip essay will still read as a one-time experience you had, which doesn’t really speak to who are.  â€œNo but I’m like EXTREMELY passionate about it. I made flyers!”  In that case, your essay will end up being about why a particular problem matters to you, or worse yet about the organization that you volunteer with. What you’ll be left with is a classic teenager on a soapbox essay, and no one wants to read that essay.   “I just want to dream school to know how good of a person I am.”  There are a million different ways to be a good person. Instead of thinking about yourself as a good person, think about what makes you good. Are you the person that people go to when they need a laugh? Are you constantly g iving your friends advice? Did you stick up for someone when they really needed it, even though it made you lose a friend? Remember, they already know that you volunteer. You’re probably only gravitating towards that essay because you haven’t done the work of figuring out what personality trait you want to show with your essay.  â€œBut I’ve gone through all of the exercises you suggest on your blog, texted my friends, talked to my family, and everyone keeps saying that I’m empathetic and compassionate.”  Great! Now figure out another way to show that. Make a long list of experiences in your life during which you felt compelled to help others. Ask your inner circle for examples. Text a friend and ask them about that time when you really came through for them. Think back to the first time you saw something that upset you and couldn’t stop figuring out ways to help out. Focus in on a small example, and tell it with a story.  If we didn’t address your concerns or you wan t to work with someone one-on-one, contact us here. We’ll help you find another way to stand out.

The Influx of Changes in Chicago During the Late...

In the late Nineteenth and early Twentieth Century, America was dominated by change. Expansion, urbanization, immigration, and capitalism swept the nation from coast to coast affecting every class, race and religion. The United States economy changed dramatically, as the country transformed from a rural agricultural nation to an urban industrial giant, the leading manufacturing country in the world. As this economic growth proliferated, Chicago was the epicenter in America. Travelers from Europe flocked to Chicago in search of opportunity. Meatpacking and steel were especially attractive for unskilled laborers from Europe. The late nineteenth and early twentieth centuries, known as the Industrial Revolution, were periods of tremedous urban growth that radically changed the country. Much of the growth in urban areas came from rural populations who saw they could make more money in the cities than farming their lands. Millions more were immigrants, known as the New immigrants. They ca me primarity from northern and western Europe - England, Ireland, Germany, and Scandinavian. Many of them settled in the cities of the Northeast and Midwest, where they took jobs as unskilled factory workers and at the same time dramatically changed the ethnic makeup of urban America. These new immigrants, many of whom were Catholic or Jewish, were viewed by many native-born Americans as being racially and culturally inferior. American society, culture, politics, economic were changed duringShow MoreRelatedNew Era Of The United States1571 Words   |  7 Pagesmetaphor first arose in the eighteenth century, but was used in the late nineteenth and early twentieth centuries to describe the growing number of immigrants in the United States. From 1900 to 1915, â€Å"more than 15 million people† immigrated to the United States, ushering in a new era of Americans (Library of Congress). Furthermore, there was a shift in the countries from which immigrants were arriving. These change s characterized the first half of the twentieth century, as immigrants struggled to assimilateRead More Immigration into the USA Essay1729 Words   |  7 PagesImmigration into the USA My essay is a nation of immigrants in the United States which is about German, Irish, Jewish immigrants in the 1800’s or early 1900’s. I’m a Asian so I know about Asian immigration. But I didn’t know about Europe immigration very well. So I chose it among many topics. I know that I will find about aspect of immigration important and I will fall into interest of this history. A continuing high birthrate accounted for most of the increase in population, but by theRead MoreThe Making of the Multi-Ethnic American City from the 1880s to the 1920s2086 Words   |  9 Pagesit has taken more than 55 million people, from nearly every corner of the world. People of different countries have brought varied ideas about religion, politics, tradition, and custom to American shores. At the beginning of the twentieth century a Jew immigrant from England, Israel Zangwill, wrote a play entitled The Melting Pot. Its message still holds a tremendous power on the American imagination – the promise that all immigrants can be transformed into Americans, aRead MoreEssay on A.P.U.S.H unit 6 study guide4910 Words   |  20 Pagesstates, New Mexico has the highest percentage of Hispanics, including descendants of Spanish colonists and recent immigrants from Latin America. 6 Describe the culture that flourished in California prior to the influx of Anglos after 1849. What was the impact of this influx on the californios? How was the pattern in Texas similar? The Mexican culture flourished. The californios took jobs and made it harder for many Anglo Americans to come across one. It was the same but with the differentRead MoreOne Significant Change That Has Occurred in the World Between 1900 and 2005. Explain the Impact This Change Has Made on Our Lives and Why It Is an Important Change.163893 Words   |  656 PagesE SSAYS ON TWENTIETH-C ENTURY H ISTORY In the series Critical Perspectives on the Past, edited by Susan Porter Benson, Stephen Brier, and Roy Rosenzweig Also in this series: Paula Hamilton and Linda Shopes, eds., Oral History and Public Memories Tiffany Ruby Patterson, Zora Neale Hurston and a History of Southern Life Lisa M. Fine, The Story of Reo Joe: Work, Kin, and Community in Autotown, U.S.A. Van Gosse and Richard Moser, eds., The World the Sixties Made: Politics and CultureRead MoreEssay about History: World War I and Bold Experiments7600 Words   |  31 Pages1918 –1929 Part 5 Essential Questions After studying the chapters in Part 5, you should know how to answer the following questions: 1. Why and how did American society industrialize during the late nineteenth century? 2. What were the causes and consequences of urbanization? 3. How did political change and progressive reform gain momentum after 1900? 4. How did the United States emerge as a world power by 1918? 5. What tensions between the old and new existed in the 1920s? The 1920 CensusRead MoreCompare and Contrast - Women5945 Words   |  24 Pagescontrast women 100 years ago and women today. I. Intro 1. Womens lives have changed enormously this century and the actions of women themselves have played a vital role in the transformation. Putting women back into history is about giving individual women their history, but it should also be about making some collective sense out of womens divergent experiences. 2. At the beginning of the century most women were invisible in society, whatever their class.. II. Clothes a. Clothes 1. 100 years Read MoreRecommendation On Welfare Reform Essay3998 Words   |  16 Pagesdetermined that lower income families of three or more people spend up to one third of their income on food. A decision was therefore made to set the poverty line at three times the cost of a minimally decent diet, with annual adjustments according to changes in the Consumer Price Index (CPI). U.S. public policy has addressed the problem of alleviating poverty since 1930. Various measures have been put into place to achieve this goal, yielding mixed results. The first systematic attempt to provide aRead MoreInfluence of Immigration on the American Culture and Language14362 Words   |  58 PagesUnited States is a society of immigrants. Ever since its formation in 1776, and even before that, the United States has attracted immigrants from around the world. Since its early days, the country has admitted more than 50 million newcomers, a larger number of immigrants than any country in history. For over two centuries, people have flocked under this nations protective wings as opportunists, sojourners, missionaries, refugees, and even illegal aliens. With the Statue of Liberty greeting EuropeansRead MoreInstitution as the Fundamental Cause of Long Tern Growth39832 Words   |  160 Pagesimportance of institutions by focusing on two quasi-natural experiments in history, the d ivision of Korea into two parts with very different economic institutions and the colonization of much of the world by European powers starting in the fifteenth century. We then develop the basic outline of a framework for thinking about why economic institutions differ across countries. Economic institutions determine the incentives of and the constraints on economic actors, and shape economic outcomes. As such

What´s Webiography - 946 Words

WEBIOGRAPHY When I registered for this class, I knew it was going to be an interesting class but I did not know what to expect as to the writing assignment. Ancient history is something I never taught I will be interested in until I started watching the history channel, although it is a prerequisite for a degree course I have always had interest in knowing more about this course and one thing I noticed from watching the history channel is, it has connection with the bible. For this assignment, am going to be writing about; the Egyptian pyramid, the Greece gods and the River Nile. I picked these three topics because it goes back to ancient history and will be a perfect match for this course (HIST 134). The Egyptian Pyramid â€Å"A†¦show more content†¦He listens to them and makes fair judgment. Zeus is the god of gods and the king of all the gods in Greece. The site I visited for the Greece god is www.ancienthistory.about.com/od/greekgod. This site had information on all the gods of Greece and explained their rule and how it linked to each other. Zeus which is the god I researched had information linking to its generation but the site failed to explain why and how Zeus became the god of the gods, I was expecting to read more details about Zeus and if he was the chosen god or he did something that stood out of the other gods. The River Nile The river Nile is a river found in Africa, it is said to be 6,670 km which is about 4,160 mile which is the longest river in the world. River Nile is also associated with Egypt because 22% of it runs through Egypt. River Nile also flows through Uganda, Ethiopia, Sudan, Burundi, but its main source is Burundi, central Africa which is where it originates and drains in the Mediterranean Sea. The largest source of this river is Lake Victoria. Egypt has a great history with the Nile River; reason being that the ancient Egyptians lived and farmed along the banks of river Nile, using the soil to grow food for themselves and their animals. Back in the days, the oldest civilization started at the banks of river Nile. It is also known that the ancient Egypt would not have lived without the river Nile because the flood provided them moisture which helped in sustaining their

Reflective Critique - 790 Words

â€Å"As important as methods may be, the most practical thing we can achieve in any kind of work is insight into what is happening inside us as we do it. The more familiar we are with our inner terrain, the more sure footed our [work] – and living- becomes.† P. J. Palmer (cited in Skovholt, T. M., 2001). The pursuit for self-awareness or self-understanding is a chief factor of valuable reflective practice. Counsellors need not only to be conscious of their abilities, facts and presentation as professionals, but also wary of any private aspects that may mess with or obstruct their capability to supply an efficient and objective service. Counselling professionals in their everyday practice encounter unique and difficult circumstances which may†¦show more content†¦This course lent focus to a host of different models associated with reflective practice which was necessary to demonstrate proper counselling professionalism. One such model in particular refers to the work of David Schà ¶n who was very instrumental in developing concepts of self-awareness in relation to the aspect of reflective practice. Schà ¶n (1987 in Sharpy, 2005) identified two types of reflection thatShow MoreRelatedPsychological And Physical Aspects Of Science1683 Words   |  7 Pagesfactors inescapably influence researchers and outcomes of scientific studies and knowledge in general (reference). This idea is reflective in philosophy by the term ‘situated knowers’ (Stamford), broadly explained by considering how the same object can be interpreted differently by others in terms of their individual relation to it. An explanation of an object is reflective of, but not limited to location in space and time, emotions, attitudes, cognitive approach, worldviews and childhood. UltimatelyRead MoreImmanuel Kant s Philosophy And Philosophy1389 Words   |  6 Pagesmany different things that derive from this. There are many different parts and aspects to it which is why it relates to almost every philosophical idea out there. Kant referred his epistemology as â€Å"critical philosophy† since all he wanted to do was critique reason and sort our legitimate claims of reasons from illegitimate ones. His epistemology says that we can have an objective, universal, and necessary knowledge of the world, and that science cannot tell us about reality. He claims science cannotRead MoreKantian Philosophy Analysis1135 Words   |  5 PagesConclusion As my last words I would like to make an overview of the issues that I deal in the Critique of Judgement. What causes the feeling of pleasure or displeasure is not the matter or content of the object but the form of the object. Necdet Bozkurt writes that the aesthetic idea is not one of ideas of reason such as â€Å"god†, â€Å"spirit†, â€Å"world† or â€Å"necessity† because it cannot be express ed as such by the language. It is not a concept of reason but the representation of imagination. It resemblesRead MoreIs Beauty Treated As If It Is Universal?865 Words   |  4 Pagestheorization of aesthetic judgement not coordinate with how an individual makes judgements on beauty in the real world? One notion is that society has adopted the theory of eighteenth century philosopher Immanuel Kant s judgement of taste. In Kant s book Critique of the Power of Judgement he lays the foundations for the belief that our judgement of beauty has both subjective and objective properties. He supports his theory by claiming that our judgement of beauty is dependent on four main factors qualityRead MoreLanger Article Critique Essay703 Words   |  3 Pagesintroduction, which is â€Å"how the u se of journals impacted the learning process of adult non-traditional students and how this impact compared to that of traditional students†. The purpose of this article critique is to analyze the strengths and weaknesses of the Langer (2002) article. The body of the critique will develop the five major elements, which begin with the research question/problem to include the author’s purpose for writing the article. The next element is the conceptual framework, followedRead MoreJohn Rawls ´ A Theory of Justice Essay698 Words   |  3 Pagesprinciples of justice. These positions allowed Rawls to address two contemporary issues that are equally important, but also tend oppose each other’s views: freedom and equality. The Rawlsian theory of justice is influenced by Hume’s philosophy with its critique of justice that which prioritizes conventions and universal meaning (Forbes, 1985, 68). Hume talked about artificial justice and Rawls coined the so-called artificial device or the â€Å"original position†, which is used to determine justice. It alsoRead MoreVerbal Listening Ranking High Came791 Words   |  4 Pagesorganizing scattered information and feeling a sense of the meaning of the overall message. Evaluative listening ranking high came as a surprise to me because my past experiences lead me to believe that I may be hesitant to give critiques and making decisions. †¢ Then move to the reflective data †¢ Here we ask you to report on the â€Å"internal experience† of reviewing your PLP results at the â€Å"big picture† level (i.e., p. 3) †¢ That is, as you reviewed each section of the Personal Listening Profile assessmentRead MoreReflective Practice And Professional Development921 Words   |  4 PagesTL2125 Reflective Practice and Professional Development Assignment 1 This assignment will critically reflect on experiential learning episodes with further assistance from two critical friends, one who is a 20 year old male based in the outdoor sector and another from outside the outdoor sector who is 29years old also male but based outside the outdoor sector as his occupation is a university lecturer and corporal in the British army. it must be recognised that there may be a possibility thatRead MoreCritical Reflection Is Essential For Developing An Adaptive Pedagogy1112 Words   |  5 PagesCritical reflection is essential for developing an adaptive pedagogy in that critical reflection encourages the sharing of knowledge, skills and experiences. 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Legal Issues for Accountants

Question: Discuss about the Legal Issues for Accountants. Answer: Introduction On the basis of the given case study, the remedies available to a person under the Australian Contract Law, as well as, the Australian Consumer Law have been analyzed. Issue Whether Brad has any rights against the University of Kew? Whether the rights would be different in case the fee paid amounts to $30,000, instead of $60,000? Rule A contract is formed when one party promises the other party to do a certain task, in exchange for a consideration[1]. In order to form a contract, certain essential elements have to be present. These elements include an offer, a consideration, an acceptance, intent, certainty and capacity[2]. In order to form a contract, the first essential is an offer. Generally, before an offer is formally made, some pre-contractual representations are made and these are known as an invitation to treat. In the case of Partridge v Crittenden[3], it was held that an advertisement placed in a newspaper is an invitation to treat and not an offer to sell. However, in the case of Carlill v Carbolic Smoke Ball Co[4], it was held that the advertisement was an offer, as the wordings of such advertisement showed a clear intent. So, to establish the difference between an offer and an invitation to treat, the intentions of the parties have to be considered[5]. The next essential of a contract is the acceptance. The acceptance on the offer has to be gained, in order to establish a contract. Such acceptance has to be made by the parties to whom the offer was made. A unilateral offer can be accepted by anyone, especially when such offer is made to the general public[6]. A consideration is a crucial element in a contract and such consideration can be anything which is decided amongst the parties to the contract as was held in the case of Chappell Co Ltd v Nestle Co Ltd[7]. The parties to the contract should have the intention to enter into a legally binding contract. Such intention can be either express or implied. The intention to enter into a contract was established in the case of Rose Frank Co v JR Crompton Bros Ltd[8]. The next essential to formulate a contract is the certainty regarding the terms of the contract. When such terms are incomplete or uncertain, no contract is considered to have been formed[9]. Further, the parties to contract should have the legal capacity to enter into a contract. Misrepresentation takes place when one party provides false information to the other party, before a contract is created, with an intention to induce the other party to enter into a contract[10]. Such false information has to relate to a material fact of the contract, as against a statement of promise or an opinion. Claims made in an advertisement are not considered as representations of fact and hence, are not taken as misrepresentation. However, when factual statements are stated in the advertisement, it is a statement of fact and hence, a misrepresentation can be established if such a statement is false. In case a party relied on the misrepresented facts and suffered a loss as a result of such reliance, the aggrieved party can get the contract rescinded, or sue for compensation of the losses[11]. However, when a breaching party can establish that they had reasonable reasons to believe that the statement was true, the breaching party may get a relief from the court and can be relived from paying the damages. At times, there are such clauses in a contract which cancels the liability of a party in case of certain happenings. These clauses are known as exclusion clauses are considered as valid when such contracts have been properly included in the contract, and as long as they are not unlawful[12]. And when such contract is signed, the exclusion clause has the similar effects, as any other clause in the contract. This signed contract, containing the exclusion contract, is considered as a valid and legally binding contract. However, when an exclusion clause contains such terms whereby the applicability of statutes is excluded, such clause is considered as illegal[13]. The traders have certain obligations towards the customers, which are provided as per the relevant statutes and hence, an exclusion clause, which has the effect of excluding the applicability of statues, is not legal. In cases when the interpretation of an exclusion clause is ambiguous, the interpretation which is most favorable for the consumers is adopted. Further, the doctrine of contra proferentem states that when the terms of an agreement are unambiguous, the meaning of such term has to be taken in a way which is against the interests of the party who provided such terms[14]. This doctrine in applied in such circumstances where the standardized contracts are used and when the parties do not have equal bargaining powers. The costs of loss, in such cases, have to be borne by the parties who are in the best position to avoid such a loss. This rule is generally applied in the cases where the exclusion clause is ambiguous and as per this doctrine, such exclusion clause is construed against the party who inserted the exclusion clause. The Australian Consumer Law, through the Section 18(1) prohibits a person, during the course of commerce or trade, from engaging in such conduct which is deceptive or misleading in nature, or is likely to deceive or mislead[15]. This section is applicable not only on the persons, but also on the corporations[16]. To establish a deceptive conduct, an intention to deceive has to be established and a fraud has to be proved. But to establish a misleading conduct, no intention has to be proved. A strict liability is imposed, by the prohibition of misleading conduct, to not lead any other party into an error in any dealings[17]. Any false advertisement is covered in this section and so a misleading advertisement is prohibited as per this section[18]. Such misleading or deceptive conduct has to be made during the course of commerce or trade. The courts interpret this in a broad sense and hence, any sort of commercial activity is covered under misleading conduct, including such dealings which have been made before entering into a contract. In the case of Singtel Optus Pty Ltd v Australian Competition and Consumer Commission[19], the advertisement of providing unlimited download data plan by Signtel Optus was construed as misleading and deceptive conduct. Further, a penalty on Signtel Optus was to the amount of $3,610,000[20] to be paid to the Commonwealth for such misleading and deceptive conduct. Another case of misleading representation was established in the case of ACCC v Cadbury Schweppes Pty Ltd[21], where the contention of the claimant that the product contained fruit extracts, was held as misleading. As stated above, a false or misleading representation about the services or goods, under the Australian Consumer Law, is considered as an offence. Some of the examples of misrepresentations include history of particular use; price; a specified standard, grade, style or quality of product; and goods or services having the necessary approvals or sponsorships[22]. In cases where the aggrieved party can be partly blamed for the damage or loss suffered by such party, than as per the section 137(b) of the Competition and Consumer Act, 2010 (CCA) [23], the liability of such damages can be reduced[24]. However, this section is not provided in the Australian Consumer Law and so, a person who is engaged in a misleading conduct, has to bear the full responsibility for the loss incurred by the other party, even when the other party was to be partly blamed for the loss suffered. But in cases where such person is a corporation, the provisions of the CCA, are applicable on it, and accordingly, a reduction of damages can be claimed for the contributory fault of the other party. An inclusion of such a clause in the contract, which has the effect of removing the potential liability arising out of legislation, is not allowed. The Courts are of the view that the parliament has established a set standard of conduct through the relevant legislatures and so, it is not possible to take such standards out of a contract[25]. As long as a person has been misleading, during the course of commerce or trade, a contract cannot remove this fact. This is applicable irrespective of the fact, if the clause is a main clause or an exclusion clause. In order to claim damages against an action involving misleading conduct, it has to be brought within six years of the accrual of said cause of action as stated under section 236(2) as well as 237(2) of CCA[26]. The maximum penalties, as stated under the section 151 of the CCA include a fine on body corporate of up to $1,100,000 and a fine for individuals of up to $220,000[27]. In Australia, universities have been established by a legislation which are generally the state or territorial legislations. The universities in Australia are regulated by the Corporations Act, 2001[28]. Australian universities are statutory corporations and these are governed internally by the respective enabling legislation[29]. Consumer is defined under the Section 3 of the Australian Consumer Law. As per this section, a person who acquires some particular goods or services would be considered as a consumer only if the amount payable or paid for acquiring such goods or services does not exceed $40,000[30]. Application In the present case, the advertisement placed in newspaper was a unilateral offer to the world, to enroll in the course of Doctor of Accountancy provided by University of Kew to become a Chartered Accountant or Certified Practicing Accountant. This advertisement was not an invitation to treat and to establish that the words of the advertisement have to be analyzed. Anyone could enroll in the course, and there was no restriction to suggest it was an invitation to treat, as was established in the case of Partridge v Crittenden. Further, the wordings of the advertisement clearly establish that the intent was to enroll students into the said course, no matter what their qualification was. So, it was a valid offer. Here, the application signed by Brad can be deemed as a contract. There was an offer for the course; this offer was accepted in form of enrolling for the said course; a consideration in form of student fee of $60,000 was involved; intention has already been established; Brad had the capacity to enter into a contract; and lastly, there was a clarity regarding the terms of the course. This contract contained an exclusion clause in large red font. As stated above, an exclusion clause is valid as long it is lawful. Here, the exclusion clause contained three segments. The first segment of this exclusion contract makes the unlawful as this clause excludes the applicability of statues. The next part of this clause denies the reliance of any misrepresentation by an employee or by the University. Again, this clause is unlawful. The last part of this clause is contrary to the offer that was made. In the offer, the duration of the course as well as the outcome of the course was mentioned. So, this clause is against the offer that was made, and hence, is contrary to the base of this contract. So, this exclusion contract is not legal. There is also a presence of misrepresentation in this case. At the time of the advertisement, in early 2013, the accreditation application was pending. But the advertisement stated that the person would become a Certified Practicing Accountant or a Chartered Accountant. The University did not have the proper authority to make this contention, as the application was still pending. So, a misrepresentation was made. The principle of contra proferentem is also applicable in this case, as Brad was given a standardized form and had no power to bargain the terms of such form. So, the clause stated in such form, would be construed against the University. So, as per the Australian Contract Law, Brad has the right to seek damages, as there a case of misrepresentation is present. Through such misrepresentation, the University induced the students to enroll into the course. And so, Brad can claim for damages in form of compensation from the University for such a misrepresentation. Also, the exclusion clause is not valid in this case. Under the Australian Consumer Law also, the University had made the misrepresentation on the basis of goods or services having the necessary approvals or sponsorships. The University did not have the proper accreditation as the application was pending. Without the proper accreditation, they could not claim to certify a person for the said qualifications. So, Brad can claim damages for the misrepresentation made under the Australian Consumer Law. Further, there was also the presence of a misleading conduct by the University. It misled the consumers into believing that the person would become a Chartered Accountant or a Certified Practicing Accountant after completing the course of Doctor of Accountancy. The University did not have the proper base to make such a contention and hence, was involved in a misleading conduct. Further, the exclusion clause is also not valid as per the Australian Consumer Law. An inclusion of such a clause in the contract, which has the effect of removing the potential liability arising out of a misleading conduct, is not allowed. Here, the exclusion clause, aiming to remove the liability of the University, arising out of the CCA, as well, as any other consumer protection legislation, is unlawful. The provisions of Corporations Act, 2001 (Cth) are applicable on the University. And so the provisions of Section 18(1) of the CCA are applicable on the University[31]. The University had certain obligations, which are provided as per the relevant statutes and hence, an exclusion clause which has the effect of excluding the applicability of statues, is not legal. Further, when the application was rejected for the accreditation of the course, the University failed to disclose this material fact. And so, a misrepresentation is again established in this case. But, the value of the course enrolled was $60,000. And hence, Brad is not a consumer as per the Australian Consumer Law. So, Brad does not have any rights against the University. So, it is advised to Brad, to initiation actions against the University, for damages, under the Australian Contract Law. However, he cannot initiate any action against the University, as per the Australian Consumer Law, as he does not fall under the definition of the Consumer, as given in this act. In case where the value of the course is $30,000, instead of $60,000, Brad would be considered as a consumer, as per the Australian Consumer Law. And he would have the right to sue the University for the not only the misrepresentation, but for the misleading conduct as well. Brad has the rights to seek damages in this case in form of monetary compensation. However, since Brad failed to check the status of accreditation even when he was warned by his friends, he contributed to the damages caused by the misleading conduct, and hence, the liability of the University can be decreased in this case. So, in the second case, it is advised to Brad, to initiation actions against the University, for damages, under the Australian Contract Law, as well as the Australian Consumer Law. Conclusion Hence, it can be concluded, that Brad does not have any consumer rights, under the Australian Consumer Law in the first case. However, he does have the rights under the Australian Contract Law, as a valid contract was formed and a misrepresentation was established. And as a result, he can sue the University for damages, as per the Australian Contract Law. In the second case, he is a consumer, and so he can sue the University for damages, as per both the Australian Consumer Law, as well as, the Australian Contract Law. References Articles/Books/Reports John Orr, Australian Corporate Universities and the Corporations Act, 2012, 17(2), International Journal of Law Education, pp. 123-148 Ewan McKendrick and Qiao Liu, Contract Law: Australian Edition (Palgrave Macmillan, 2015) John W. Carter, Cases and Materials on Contract Law in Australia (LexisNexis Butterworths, 6th ed, 2011) John W. Carter, Elisabeth Peden and Greg Tolhurst, Contract Law in Australia (LexisNexis Butterworths, 5th ed, 2007) Paul Latimer, Australian Business Law 2016, (OUP Australia and New Zealand, 35th edition ed, 2016) Cases ACCC v Cadbury Schweppes Pty Ltd [2004] FCA 516 Carlill v Carbolic Smoke Ball Co [1893] 1 QB 256, CA Chappell Co Ltd v Nestle Co Ltd [1960] AC 87 Partridge v Crittenden [1968] 2 All ER 421 Rose Frank Co v JR Crompton Bros Ltd [1924] UKHL 2 Singtel Optus Pty Ltd v Australian Competition and Consumer Commission [2012] FCAFC 20 (7 March 2012) Legislation Australian Consumer Law (Cth) Australian Contract Law Competition and Consumer Act, 2010 (Cth) Corporations Act, 2001 (Cth) Others Australian Competition and Consumer Commission, Advertising and selling guide, 2016 https://www.accc.gov.au/publications/advertising-selling/advertising-and-selling-guide/avoid-misleading-or-deceptive-claims-or-conduct/misleading-or-deceptive-conduct Gilbert, Tobin, Singtel Optus Pty Ltd v Australian Competition and Consumer Commission, 2012 https://www.lexology.com/library/detail.aspx?g=46cac7c5-c732-4001-b553-98f620b75935 Hobart Community Legal Service Inc., Misleading or Deceptive Conduct under the ACL, 2013 https://www.hobartlegal.org.au/tasmanian-law-handbook/consumers-money-and-debts/australian-consumer-law/misleading-or-deceptive Law Teacher, Advertisement Was an Invitation to Treat, Not an Offer To Sell, 2016 https://www.lawteacher.net/free-law-essays/contract-law/advertisement-was-an-invitation-to-treat-not-an-offer-to-sell-contract-law-essay.php Legal Services Commission of South Australia, Exclusion Clauses, 2011 https://www.lawhandbook.sa.gov.au/ch10s02s06.php Legal Services Commission of South Australia, False or misleading representations, 2013 https://www.lawhandbook.sa.gov.au/ch10s03s03s03.php Legal Services Commission of South Australia, Misrepresentations, 2009 https://www.lawhandbook.sa.gov.au/ch10s02s10.php Scott Alden, Alex Ottaway and Jennifer Tetstall, Australia: Drafting contracts: guidance on managing ambiguity, 2012 https://www.mondaq.com/australia/x/163072/Contracts+Deeds/Drafting+contracts+guidance+on+managing+ambiguity