Monday, December 30, 2019

Main Ideas Of The Kite Runner Novel - Free Essay Example

Sample details Pages: 6 Words: 1713 Downloads: 6 Date added: 2019/06/14 Category Literature Essay Level High school Tags: The Kite Runner Essay Did you like this example? The novel begins with a flashback in order layout for the reader about Amirrs life before he had moved to San Francisco. Amirrs flashback allows the reader to understand that in the winter of 1975, everything had changed and shaped him into who he is today. It states how he has been trying to avoid his past, but it always finds a way to claw out. Don’t waste time! Our writers will create an original "Main Ideas Of The Kite Runner Novel" essay for you Create order In addition, he received a phone call from Rahim Khan: a person who brings the narrator memories of past and his sins. Finally, you learn that the narrator has a friend named, Hassan, who he recalls saying that he would do anything for him. Hassan is Alirs son who grew up serving Amirrs family. The two boys grew up together with Amir living in Babars mansion and Hassan in a mud shack. Hassan has an almost perfectly rounded faced which is compared to a Chinese doll. He has a flat broad nose and slanting narrow eyes compared to bamboo leaves and sapphire. In addition, he has a low set of tiny ears and a cleft lip: a birth defect. Hassan has a mother named, Sanaubar, who had banned him for a group of singers and dancers. His first word is Amir which is important because it shows his relationship with the protagonist. He had come to Amirrs life because Ali and Baba had grown up together after Alirs parents were killed by a car accident. For example, Babars father took in Ali, who is now an orphan, and raised him as his own. Like Baba and Ali who grew up to be childhood playmates, Hassan and Amir are similar. Amir lives with a more wealthy lifestyle, in contrast, Hassan is a servant. To be a Hazara is to be a mice-eating, flat-nosed, or load carrying donkeys. This is because of their history when the Hazara were oppressed by the Pashtun. They were killed with unspeakable violence when trying to fight back. The Pashtun took away their land, burned their homes and sold off women. Hassanrs family, Hassan, Ali and Sanaubar are Hazaras. To be a Pashtun is to be the more dominated and stronger group within the Muslim religion. They had oppressed and persecuted the Khazars killing them. Therefore with their history, they feel more superior as they are known to be the majority group in their country. Amirrs family including his mother Baba and himself are Pashtun. Later in the story, the reader finds out by Assef is a Pashtun. Amir describes his home as this beautiful house in the community of Wair Akbar Khan district with a lot of details to back up his reasoning. Leading up to the house a is a wide entryway lined with rose bushes. The house has marble flooring and gold tapestries. Amir bedroom is located upstairs along with Babys room and his smoking room. He elaborates this description to show how everyone considers it a beautiful house. In addition, a big house usually correlates with parents working hard in order to earn such wealth, therefore shows the lack o f bond between Amir and Baba. The details of his family photo shows the relationship between Amir and Baba. Baba is next to his smiling wife in one photo and then not smiling in the next photo when he is holding his son. Later on in the book, Amir makes the connection that he has caused Baba to dislike him before he stole his mother life away when she was giving birth. Amir is holding Rahim Khanrs pinky finger in the photo which shows that he has a more stronger and closer relationship with his dadrs best friend. Sanaubar is Hassanrs mother and Alirs wife. She is a beautiful yet a notoriously unscrupulous nineteen years old women. Like her husband, she is a Shia Muslim and an ethnic Hazara too. Ali and Sanaubar got married because they were first cousins. However, they were nothing alike. Ali was a strong religious man who followed the Koran while Sanaubar tempted men into doing sinful things. In 1964 on a cold winter day, she gave birth to Hassan in a small shack but later left him to join a clan of singers and dancers. In contrast to Amirrs mother who died when she has giving birth to her son. Ali is Hassanrs father as well as a servant to Baba and Amir. The neighborhood children call him Babalu which means the Boogeyman to mock him. They call him this because Ali face and his walk due to the effect of polio caused some of the younger children to be scared. Amir feels like he is not worthy to his father and his feelings were confirmed when he had overheard his father conversation with Rahmid Khan. For example, Baba stated that if he had not seen the doctor pull him out, he wouldnt believe that Amir is his so n. Baba is disappointed that Amir did not inherit his athletic ability, but rather his mothers interest in literature. Baba is also disappointed that Amir can not stand up and fight for himself. Amir also feels the need to fight for his fatherrs attention. Anything he says to his father, his father seems to take no interest in. In addition, when Baba invited Hassan to go on a trip to the lake, Amir lied to his father that Hassan had the runs in order to be able to spend time alone with him. He wanted to spend time alone with him because Amir has a jealousy feeling when being around Hassan and his father. Hassan was more athletic in throwing rocks down the river and was rewarded with Babars arm him, making Amir jealous. His feelings about his father are also present when he states that it was an honor for him to hold his fathers hat when it blew off because it showed to the crowd that that was his father. Zahir Shahrs (the king) cousin is Daoud Khan. He is responsible for the night shots on July 17 1973 that destroyed the Afghanistanrs monarchy. When the king was away, Daoud Khan decided take over and become the new president so he ended his cousinrs forty years reign with a bloodless coup. This new republic had lead to people like Assef to believe that this leader would save Afghanistan from the Hazara and allows the Pashtuns to take over their rightful place. Baba is Amirrs father and a husband to Sofia Akrami: the most respected women in Kabul. His life revolved around trying to prove many people wrong that had doubted him. Many expected him to study law because his dad was a judge; however, Baba decided to not only run his own business and he becomes the richest merchants in Kabul. In addition, since Sofia is royal in blood, many doubt that Baba would be able to marry such a women. He perceived the world in black and white and decided which is what color. What he believes to be a sin is not drinking, but theft. Stealing away something from someone just stems or branches out to other sins that comes along with theft. He doesnt believe in such religious people like Mullah Fatiullah, referring them to bearded idiots who recited the Quran but doesnt understand a word. In addition, Baba states that they would be in a dangerous situation of Afghanistan where to fill under a self righteous religious monkey. Baba gave Hassan for his birthday a plastic surgery procedure. For example, when Hassan had walked in the house, he was greeted by an Indian man dressed in a brown suit and red tie named Dr. Kumar from New Delhi. This present suggest that Baba has a care and showed sympathy Hassan. Baba states that although it is a weird gift, this gift was a long term gift that would last forever. While Hassan believed that it was not going to hurt, Amirrs reaction was that Hassan was being fooled. Amir related to his past experience with a painful surgery when he got circumcised. In addition, he had hope that he has some kind of scar in order to get such sympathy from his own dad. Once the swelling had stopped the following winter it was ionic for Hassan to smile because it was that winter that Hassan was no longer smiling this foreshadowing a situation. Assef is known to be the neighborhood bully in the Wazir Akbar Khan section. He is the son of Mohammed: Babars friend and an airplane pilot. Assef has a German mother and an Afghan dad therefore his physical a ppearance of being blonde and blue eyed makes him stand out. Hers famous stainless-steel brass knuckles because of his earned reputation among the kids for savagery. In addition, he was the one that had came up all the names for Ali. HIs political vision is to get rid of all the Hazara with the new president. He wants the Pashtuns to rightly take back the country. He uses Hitler to help create his political perspective but unlike Hitler he believes that the new Afghanistan president can succeed. Wali and Kamal are Assefrs friends who obeys Assefrs orders. Assef and his friends encounter with Amir and Hassan lead to Hassan threatening them. For example, after many rude comments especially towards Amir, Hassan pulled out his slingshot and threaten them to go away. Although Amir could tell that he was in fear, his voice was convincing enough for the boys to walk away. However, Assef threaten that although he is a patience person, he will be back. He commented that his return will be when Amir is alone so they can face each other without the help of Hassan. This foreshadows that Assef will return again in the story when Hassan is not there by Amir side to protect him as he always does. Amir thinks its ironic that he can finally smile normally because it was that following winter when Hassan had no longer smiled. Amir wants to tell Assed that they arent friends rather Hassan to him is only a servant. Despite almost bursting this out, Amir knows that he treats Hassan as more of a friend, he treats him as a brother but he also acknowledges that he always leaves Hassan out.

Sunday, December 22, 2019

The Synecdochic Motif in Sherwood Andersons Winesburg, Ohio

The Synecdochic Motif in Winesburg, Ohio The sum of the parts of the vignettes of townsfolk of Winesburg, Ohio is greater than the whole novel. Winesburg, too, is only one town in all of Ohio, which is one of a host of states in the U.S. This magnification is at the heart of the novel, in which synecdoche is the main lens through which Sherwood Anderson allows us to regard the grotesques. This narrow aperture of perception does not compromise full characterization, but instead forces the reader into searching for subtle connections within and across the sketches. The opening story, Hands, launches the titular synecdochic motif whose pairings Anderson systematically and symmetrically deploys. Discounting the final†¦show more content†¦The paradox features an impossible or illogical state of being for the hand, but one that exists nonetheless. Anderson cues us to the paradoxs importance by showing Wing Biddlebaum rubbing his hands together and looking up and down the road (5). The gesture has little to d o with his vision at the moment, but suggests that the reader similarly look both ways when reading through the book and exercise his depth perception. We take note of the perplexing admixture of human emotion under the surface of a simple handshake: He put out his hand as though to greet the younger man and then awkwardly drew it back again (141). The relationship between the two men†¹that of a doctor greeting a dead patients son†¹is summed up by the handshake, a formalized mode of greeting in a situation that requires the tact of more informal tactility. The ambivalence that meets a person when thrust into society, of desiring intimacy but fearing the proximity, is the central motivation of the grotesques, as voiced by an eighteen-year-old George Willard, who later recants his vows with angry, forced aloofness: With all his heart he wants to come close to some other human, touch someone with his hands, be touched by the hand of anotherÃ…  He wants, most of al l, understanding (145). But such an understanding is difficult when the paradoxes reveal their irreconcilable and incomprehensible origins. Insecure about his baldness, Wings hands futilely

Saturday, December 14, 2019

Digital Fortress Chapter 22 Free Essays

string(50) " the extent of it,† Becker said sheepishly\." David Becker strode over and stared down at the old man asleep on the cot. The man’s right wrist was wrapped in a cast. He was between sixty and seventy years old. We will write a custom essay sample on Digital Fortress Chapter 22 or any similar topic only for you Order Now His snow-white hair was parted neatly to the side, and in the center of his forehead was a deep purple welt that spread down into his right eye. A little bump? he thought, recalling the lieutenant’s words. Becker checked the man’s fingers. There was no gold ring anywhere. Becker reached down and touched the man’s arm. â€Å"Sir?† He shook him lightly. â€Å"Excuse me†¦ sir?† The man didn’t move. Becker tried again, a little louder. â€Å"Sir?† The man stirred. â€Å"Qu’est-ce†¦ quelle heure est-† He slowly opened his eyes and focused on Becker. He scowled at having been disturbed. â€Å"Qu’est-ce-que vous voulez?† Yes, Becker thought, a French Canadian! Becker smiled down at him. â€Å"Do you have a moment?† Although Becker’s French was perfect, he spoke in what he hoped would be the man’s weaker language, English. Convincing a total stranger to hand over a gold ring might be a little tricky; Becker figured he could use any edge he could get. There was a long silence as the man got his bearings. He surveyed his surroundings and lifted a long finger to smooth his limp white mustache. Finally he spoke. â€Å"What do you want?† His English carried a thin, nasal accent. â€Å"Sir,† Becker said, over pronouncing his words as if speaking to a deaf person, â€Å"I need to ask you a few questions.† The man glared up at him with a strange look on his face. â€Å"Do you have some sort of problem?† Becker frowned; the man’s English was impeccable. He immediately lost the condescending tone. â€Å"I’m sorry to bother you, sir, but were you by any chance at the Plaza de Espana today?† The old man’s eyes narrowed. â€Å"Are you from the City Council?† â€Å"No, actually I’m-â€Å" â€Å"Bureau of Tourism?† â€Å"No, I’m-â€Å" â€Å"Look, I know why you’re here!† The old man struggled to sit up. â€Å"I’m not going to be intimidated! If I’ve said it once, I’ve said it a thousand times-Pierre Cloucharde writes the world the way he lives the world. Some of your corporate guidebooks might sweep this under the table for a free night on the town, but the Montreal Times is not for hire! I refuse!† â€Å"I’m sorry, sir. I don’t think you under-â€Å" â€Å"Merde alors! I understand perfectly!† He wagged a bony finger at Becker, and his voice echoed through the gymnasium. â€Å"You’re not the first! They tried the same thing at the Moulin Rouge, Brown’s Palace, and the Golfigno in Lagos! But what went to press? The truth! The worst Wellington I’ve ever eaten! The filthiest tub I’ve ever seen! And the rockiest beach I’ve ever walked! My readers expect no less!† Patients on nearby cots began sitting up to see what was going on. Becker looked around nervously for a nurse. The last thing he needed was to get kicked out. Cloucharde was raging. â€Å"That miserable excuse for a police officer works for your city! He made me get on his motorcycle! Look at me!† He tried to lift his wrist. â€Å"Now who’s going to write my column?† â€Å"Sir, I-â€Å" â€Å"I’ve never been so uncomfortable in my forty-three years of travel! Look at this place! You know, my column is syndicated in over-â€Å" â€Å"Sir!† Becker held up both hands urgently signaling truce. â€Å"I’m not interested in your column; I’m from the Canadian Consulate. I’m here to make sure you’re okay!† Suddenly there was a dead quiet in the gymnasium. The old man looked up from his bed and eyed the intruder suspiciously. Becker ventured on in almost a whisper. â€Å"I’m here to see if there’s anything I can do to help.† Like bring you a couple of Valium. After a long pause, the Canadian spoke. â€Å"The consulate?† His tone softened considerably. Becker nodded. â€Å"So, you’re not here about my column?† â€Å"No, sir.† It was as if a giant bubble had burst for Pierre Cloucharde. He settled slowly back down onto his mound of pillows. He looked heartbroken. â€Å"I thought you were from the city†¦ trying to get me to†¦Ã¢â‚¬  He faded off and then looked up. â€Å"If it’s not about my column, then why are you here?† It was a good question, Becker thought, picturing the Smoky Mountains. â€Å"Just an informal diplomatic courtesy,† he lied. The man looked surprised. â€Å"A diplomatic courtesy?† â€Å"Yes, sir. As I’m sure a man of your stature is well aware, the Canadian government works hard to protect its countrymen from the indignities suffered in these, er-shall we say-less refined countries.† Cloucharde’s thin lips parted in a knowing smile. â€Å"But of course†¦ how pleasant.† â€Å"You are a Canadian citizen, aren’t you?† â€Å"Yes, of course. How silly of me. Please forgive me. Someone in my position is often approached with†¦ well†¦ you understand.† â€Å"Yes, Mr. Cloucharde, I certainly do. The price one pays for celebrity.† â€Å"Indeed.† Cloucharde let out a tragic sigh. He was an unwilling martyr tolerating the masses. â€Å"Can you believe this hideous place?† He rolled his eyes at the bizarre surroundings. â€Å"It’s a mockery. And they’ve decided to keep me overnight.† Becker looked around. â€Å"I know. It’s terrible. I’m sorry it took me so long to get here.† Cloucharde looked confused. â€Å"I wasn’t even aware you were coming.† Becker changed the subject. â€Å"Looks like a nasty bump on your head. Does it hurt?† â€Å"No, not really. I took a spill this morning-the price one pays for being a good Samaritan. The wrist is the thing that’s hurting me. Stupid Guardia. I mean, really! Putting a man of my age on a motorcycle. It’s reprehensible.† â€Å"Is there anything I can get for you?† Cloucharde thought a moment, enjoying the attention. â€Å"Well, actually†¦Ã¢â‚¬  He stretched his neck and tilted his head left and right. â€Å"I could use another pillow if it’s not too much trouble.† â€Å"Not at all.† Becker grabbed a pillow off a nearby cot and helped Cloucharde get comfortable. The old man sighed contentedly. â€Å"Much better†¦ thank you.† â€Å"Pas du tout,† Becker replied. â€Å"Ah!† The man smiled warmly. â€Å"So you do speak the language of the civilized world.† â€Å"That’s about the extent of it,† Becker said sheepishly. You read "Digital Fortress Chapter 22" in category "Essay examples" â€Å"Not a problem,† Cloucharde declared proudly. â€Å"My column is syndicated in the U.S.; my English is first rate.† â€Å"So I’ve heard.† Becker smiled. He sat down on the edge of Cloucharde’s cot. â€Å"Now, if you don’t mind my asking, Mr. Cloucharde, why would a man such as yourself come to a place like this? There are far better hospitals in Seville.† Cloucharde looked angry. â€Å"That police officer†¦ he bucked me off his motorcycle and then left me bleeding in the street like a stuck pig. I had to walk over here.† â€Å"He didn’t offer to take you to a better facility?† â€Å"On that godawful bike of his? No thanks!† â€Å"What exactly happened this morning?† â€Å"I told it all to the lieutenant.† â€Å"I’ve spoken to the officer and-â€Å" â€Å"I hope you reprimanded him!† Cloucharde interrupted. Becker nodded. â€Å"In the severest terms. My office will be following up.† â€Å"I should hope so.† â€Å"Monsieur Cloucharde.† Becker smiled, pulling a pen out of his jacket pocket. â€Å"I’d like to make a formal complaint to the city. Would you help? A man of your reputation would be a valuable witness.† Cloucharde looked buoyed by the prospect of being quoted. He sat up. â€Å"Why, yes†¦ of course. It would be my pleasure.† Becker took out a small note pad and looked up. â€Å"Okay, let’s start with this morning. Tell me about the accident.† The old man sighed. â€Å"It was sad really. The poor Asian fellow just collapsed. I tried to help him-but it was no use.† â€Å"You gave him CPR?† Cloucharde looked ashamed. â€Å"I’m afraid I don’t know how. I called an ambulance.† Becker remembered the bluish bruises on Tankado’s chest. â€Å"Did the paramedics administer CPR?† â€Å"Heavens, no!† Cloucharde laughed. â€Å"No reason to whip a dead horse-the fellow was long gone by the time the ambulance got there. They checked his pulse and carted him off, leaving me with that horrific policeman.† That’s strange, Becker thought, wondering where the bruise had come from. He pushed it from his mind and got to the matter at hand. â€Å"What about the ring?† he said as nonchalantly as possible. Cloucharde looked surprised. â€Å"The lieutenant told you about the ring?† â€Å"Yes, he did.† Cloucharde seemed amazed. â€Å"Really? I didn’t think he believed my story. He was so rude-as if he thought I were lying. But my story was accurate, of course. I pride myself on accuracy.† â€Å"Where is the ring?† Becker pressed. Cloucharde didn’t seem to hear. He was glassy-eyed, staring into space. â€Å"Strange piece really, all those letters-looked like no language I’d ever seen.† â€Å"Japanese, maybe?† Becker offered. â€Å"Definitely not.† â€Å"So you got a good look at it?† â€Å"Heavens, yes! When I knelt down to help, the man kept pushing his fingers in my face. He wanted to give me the ring. It was most bizarre, horrible really-his hands were quite dreadful.† â€Å"And that’s when you took the ring?† Cloucharde went wide-eyed. â€Å"That’s what the officer told you! That I took the ring?† Becker shifted uneasily. Cloucharde exploded. â€Å"I knew he wasn’t listening! That’s how rumors get started! I told him the Jap fellow gave away the ring-but not to me! There’s no way I would take anything from a dying man! My heavens! The thought of it!† Becker sensed trouble. â€Å"So you don’t have the ring?† â€Å"Heavens, no!† A dull ache crept through the pit of his stomach. â€Å"Then who has it?† Cloucharde glared at Becker indignantly. â€Å"The German! The German has it!† Becker felt like the floor had been pulled out from under him. â€Å"German? What German?† â€Å"The German in the park! I told the officer about him! I refused the ring but the fascist swine accepted it!† Becker set down his pen and paper. The charade was over. This was trouble. â€Å"So a German has the ring?† â€Å"Indeed.† â€Å"Where did he go?† â€Å"No idea. I ran to call the police. When I got back, he was gone.† â€Å"Do you know who he was?† â€Å"Some tourist.† â€Å"Are you sure?† â€Å"My life is tourists,† Cloucharde snapped. â€Å"I know one when I see one. He and his lady friend were out strolling the park.† Becker was more and more confused every moment. â€Å"Lady friend? There was somebody with the German?† Cloucharde nodded. â€Å"An escort. Gorgeous redhead. Mon Dieu! Beautiful.† â€Å"An escort?† Becker was stunned. â€Å"As in†¦ a prostitute?† Cloucharde grimaced. â€Å"Yes, if you must use the vulgar term.† â€Å"But†¦ the officer said nothing about-â€Å" â€Å"Of course not! I never mentioned the escort.† Cloucharde dismissed Becker with a patronizing wave of his good hand. â€Å"They aren’t criminals-it’s absurd that they’re harassed like common thieves.† Becker was still in a mild state of shock. â€Å"Was there anyone else there?† â€Å"No, just the three of us. It was hot.† â€Å"And you’re positive the woman was a prostitute?† â€Å"Absolutely. No woman that beautiful would be with a manlike that unless she were well paid! Mon Dieu! He was fat, fat, fat! A loudmouthed, overweight, obnoxious German!† Cloucharde winced momentarily as he shifted his weight, but he ignored the pain and plowed on. â€Å"This man was a beast-three hundred pounds at least. He locked onto that poor dear like she was about to run away-not that I’d blame her. I mean really! Hands all over her. Bragged that he had her all weekend for three hundred dollars! He’s the one who should have dropped dead, not that poor Asian fellow.† Cloucharde came up for air, and Becker jumped in. â€Å"Did you get his name?† Cloucharde thought for a moment and then shook his head. â€Å"No idea.† He winced in pain again and settled slowly back into his pillows. Becker sighed. The ring had just evaporated before his eyes. Commander Strathmore was not going to be happy. Cloucharde dabbed at his forehead. His burst of enthusiasm had taken its toll. He suddenly looked ill. Becker tried another approach. â€Å"Mr. Cloucharde, I’d like to get a statement from the German and his escort as well. Do you have any idea where they’re staying?† Cloucharde closed his eyes, his strength fading. His breathing grew shallow. â€Å"Anything at all?† Becker pressed. â€Å"The escort’s name? There was a long silence. Cloucharde rubbed his right temple. He was suddenly looking pale. â€Å"Well†¦ ah†¦ no. I don’t believe†¦Ã¢â‚¬  His voice was shaky. Becker leaned toward him. â€Å"Are you all right?† Cloucharde nodded lightly. â€Å"Yes, fine†¦ just a little†¦ the excitement maybe†¦Ã¢â‚¬  He trailed off. â€Å"Think, Mr. Cloucharde.† Becker urged quietly. â€Å"It’s important.† Cloucharde winced. â€Å"I don’t know†¦ the woman†¦ the man kept calling her†¦Ã¢â‚¬  He closed his eyes and groaned. â€Å"What was her name?† â€Å"I really don’t recall†¦Ã¢â‚¬  Cloucharde was fading fast. â€Å"Think.† Becker prodded. â€Å"It’s important that the consular file be as complete as possible. I’ll need to support your story with statements from the other witnesses. Any information you can give me to help locate them†¦Ã¢â‚¬  But Cloucharde was not listening. He was dabbing his forehead with the sheet. â€Å"I’m sorry†¦ perhaps tomorrow†¦Ã¢â‚¬  He looked nauseated. â€Å"Mr. Cloucharde, it’s important you remember this now.† Becker suddenly realized he was speaking too loudly. People on nearby cots were still sitting up watching what was going on. On the far side of the room a nurse appeared through the double doors and strode briskly toward them. â€Å"Anything at all,† Becker pressed urgently. â€Å"The German called the woman-â€Å" Becker lightly shook Cloucharde, trying to bring him back. Cloucharde’s eyes flickered momentarily. â€Å"Her name†¦Ã¢â‚¬  Stay with me, old fella†¦ â€Å"Dew†¦Ã¢â‚¬  Cloucharde’s eyes closed again. The nurse was closing in. She looked furious. â€Å"Dew?† Becker shook Cloucharde’s arm. The old man groaned. â€Å"He called her†¦Ã¢â‚¬  Cloucharde was mumbling now, barely audible. The nurse was less than ten feet away yelling at Becker in angry Spanish. Becker heard nothing. His eyes were fixed on the old man’s lips. He shook Cloucharde one last time as the nurse bore down on him. The nurse grabbed David Becker’s shoulder. She pulled him to his feet just as Cloucharde’s lips parted. The single word leaving the old man’s mouth was not actually spoken. It was softly sighed-like a distant sensual remembrance. â€Å"Dewdrop†¦Ã¢â‚¬  The scolding grasp yanked Becker away. Dewdrop? Becker wondered. What the hell kind of name is Dewdrop? He spun away from the nurse and turned one last time to Cloucharde. â€Å"Dewdrop? Are you sure?† But Pierre Cloucharde was fast asleep. How to cite Digital Fortress Chapter 22, Essay examples

Thursday, December 5, 2019

Business of Law

Question: Describe about the Australian Consumer Law. Answer: Introduction Australian Consumer Law provides uniform protection to all consumers as well as to the small businesses in all sectors and jurisdiction. Australian Consumer Law sets out the principles and the standards that a business enterprise needs to observe while carrying out their business transaction with the consumers. It prohibits unfair trade practices in respect of small business as well as the consumers. The Treasury Legislation Amendment (Small Business and Unfair Contract Terms) Bill 2015 amended the Australian Consumer Law and was enumerated in Schedule 2 of the Competition and Consumer Act 2010[1] and the Australian Securities and Investments Commission Act 2001. The primary objective of this Bill was to protect the interest of the small business from unfair trade contracts and by safeguarding its bargaining power in the market. Discussion In Australia, consumers are given adequate protection from unfair trade practices since 2010 whereas, protection towards the small business were quite realized lately by the government. A small business refers to the organization that employs less than twenty employees or has less than prescribed threshold for a multi-year contract of $100,000 0r $250,000[2]. The government selected the transaction value threshold of the small business after consultation with different stakeholders. The purpose was to provide protection to the small business when they engage in day-to-day trade and transact with the consumers. The principles will also encourage the small business to conduct large contract with due care and diligence for the fundamental success of their business[3]. The ACCC plays a significant role in communicating the small business promptly and evidently. It also provides them guidance while dealing with their individual matters. It also advises them on alternative dispute resolution processes. As ACCC has a unique center of attention on small business, franchising, business liaison and business associations, it enables an effective competition in the sector of small business, encourages fair-trading, and strengthens its position in the free economy[4]. The business practices must not limit competitions. The small business must be aware of their rights and obligations when they deal with the whole sellers, other business organizations, and suppliers. The small businesses are protected from anti-competitive behavior and false or misleading claims under the Australian Consumer Law. The ACCC has protected the collective bargaining of the small business by offering a streamlined process for the parties to seek authorization arrangements of collective bargaining. Few such unfair trade practices are to enter into a contract that will permit either of one party to terminate or limit the performance of the contract or penalizing the other party for the breach of any provisions or vary the terms of the contract at its own will without any negotiations or taking due advantage of the bargaining power of the other party[5]. The court is empowered to strike down any terms of the contract that appears to it as unfair. The small business must enter into the contract having standard forms in consistent with the new unfair contract terms laws. Any such unfair contract terms shall be held void in the eyes of the law[6]. However, the small business must not enter into any unfair trade practices and must treat their consumers honestly and fairly. They are not supposed to sell banned products to the consumers. They must meet the requirements as seller under the Australian Consumer Law such as they must not engage in misleading and deceptive trade practices. The business organizations must not engage in unconscionable trade practices particularly, which are unfair and oppressive. The High Court noted that the aim of the law was to protect the competitive process and not protect the interest of a particular person. If any competition is sufficiently proved harmful, then such competitors can be eliminated[7]. It is often seen that small business becomes the victims of misuse of market powers. They face different competitive issues compared to the large business houses. Thus, they are included under the competitive laws and are provided protection from harsh competitions. As the small business lacks the sophisticated modern means to attain information on the trade laws and lacks resources, they are also vulnerable as the consumers. They too need to be protected from unfair trade practices and unconscionable conducts in the marketplace. Thus, they are also protected under the Consumer Law[8]. The small suppliers need to be protected from the big supermarkets so that their legitimate needs are not shadowed. In the competitive market, they must be safeguarded so that the competitive process does not worsen their condition. In ACCC v Coles[9], the Federal Court ordered Coles to pay pecuniary penalties of $10 million for engaging in unconscionable trade practice with the suppliers. Coles is one of the famous supermarkets in Australia. Therefore, it provides good access to the customers. Coles had demanded high payments from the suppliers, which it was not supposed to do. It also withheld money from them illegally. Therefore, the threatening of Coles was alleged to be deliberate, serious and repeated misconduct as it misused the bargaining powers. The conduct was not done in good faith and conscience and was against the accepted standard norms of trade. Conclusion Thus, we see that small business being vulnerable and unconscious of the standard trade practices must be protected in the same ways as the consumers. Therefore, they are protected under the Consumer Laws. As they have weak bargaining power compared to the big business organization, they are often exploited. The Australian Courts imposes heavy penalties as deterrence on those who exploits the small business by inducing unfair trade practices and engaging in misleading and deceptive trade practices. ACCC acts as a watchdog to safeguard the interests of the small business consistently. They also provide valuable advice to the small business so that they can protect themselves from any exploitations. Under any competitive laws reviews the legitimate needs of the small business are always given due consideration. Thus, we can say that the future small businesses are adequately protected and safeguarded under Australian Consumer Law. References ACCC,. "Court Finds Coles Engaged In Unconscionable Conduct And Orders Coles Pay $10 Million Penalties". ACCC,. "Small Business".Www.Accc.Gov.Au. Last modified 2016. Accessed May 31, 2016. ACCC,. "Unfair Contract Terms".Www.Accc.Gov.Au/. Last modified 2016. Accessed May 31, 2016. ASIC,. "Unfair Contract Terms Law".Asic.Gov.Au. Last modified 2016. Accessed May 31, 2016. "COMPETITION AND CONSUMER ACT 2010 - SCHEDULE 2The Australian Consumer Law".Austlii.Edu.Au. Last modified 2016. "Federal Register Of Legislation".Www.Legislation.Gov.Au. Last modified 2016. Accessed May 31, 2016. "SMALL BUSINESS AND THE COMPETITION AND CONSUMER ACT".Www.Accc.Gov.Au. The Conversation,. "Why The Australian Consumer Law Can Help Small Business".Theconversation.Com. "Treasury Portfolio Ministers".Bfb.Ministers.Treasury.Gov.Au/. Last modified 2016. Accessed May 31, 2016.