10 Easy-to-Follow Short Story Writing Tips

For those who have never tried it, many think that writing a short story is easier than writing a novel. After all, it’s short, right? Only a few thousand words, not sixty or seventy thousand words like in novels. However, the low word count is what makes writing short stories difficult, especially in fiction where you need to introduce the setting, the plot, and the characters quickly, without the luxury of having the time to lay out complicated backstories. Fortunately, many authors have struggled trying to write short stories. Over time and through experience, they have developed some guidance on how to do it. Here are 10 easy-to-follow tips for writing short stories: 1. The Right Title As with any writer trying to get published, it’s not enough to be a good writer. You also have to get the attention of a publisher or agent who will be interested. That’s why an eye-catching, intriguing title is so important. Avoid one or two-word titles, which may seem like you’re taking the easy way out. 2. Keep a Short Story Short This sounds obvious, but writers tend to go on and on, striving for better scene descriptions or character development. Most short story contests have word limits, but many publications don’t. Experience shows that less than about 3,500 words is best. 3. Think Ahead Given the limited word count, make sure and have some basic information worked out before writing. This allows you to write your fiction tightly and focused. Damon Knight, in his book Creating Short Fiction: The Classic Guide to Writing Short Fiction, recommends that at least four of these five questions be fleshed out before writing: (a) who’s the story about; (b) why are the characters doing what they’re doing; (c) what’s the story about; (d) where’s the story set; and (e) when does it take place? 4. Settings Settings should be lightly developed. No windy paragraphs and pages without end developing the setting, like James Michener does in his fantastic historical fiction. Michener has over a hundred thousand words to work with, and you don’t. 5. Get to It Readers and publisher like stories begin en media res (starting in the middle of the action, rather than from the beginning). This technique words particularly well with short stories, allowing you to parse in the other needed setting information and background as the story continues. 6. Point of View Try to stick to one character’s point of view. If you need more, try not to use more than one in a given scene. Shifting points of view slow down the reader and distract the reader from the story; in short fiction all the reader’s attention is needed due to the sparse scene setting and fast pace. 7. Deep Character Development Short stories simply don’t allow time for thorough character development. There’s no time for peeking into a character’s complex thoughts and complicated motives. 8. Action Since there’s little time for character development, characters are defined by action. Actions can replace words to provide more information about characters. Similarly, dialogue is also a great tool to show more about characters. 9. Active Language Action is important, so use active language to describe it. Avoid the wordy passive phrase, and there’s no time for adverbs ending in â€Å"ly†. For example, a character should â€Å"stalk† someone rather than â€Å"follow slowly†; or â€Å"shout† rather than â€Å"yell angrily†. 10. Finish Strong In short stories, there’s little room for contemplating what has happened or why it has happened. End your short story with a bang. Save the best for last with a dramatic ending that lingers in the reader’s mind.

Depression Is A Mood Disorder - 993 Words

Depression is a mood disorder that affects every one out of five adolescents by the time they become adults (Dryden-Edwards 1). It does not seem unlikely that people are more prone to developing depression in their teen years due to the various physical, emotional, psychological and social changes that occur during this point of one’s life. The human body experiences different developmental changes while going through puberty, causing a teen to have fluctuating moods. Puberty, along with juggling school, work, sports, clubs, and spending time with family and friends causes one to feel overwhelmed and have excessive stress. Adolescents fill up their schedules with these activities, scrabbling to find room to get a decent amount of sleep, exercise, and eat healthy. There is no time left for the teen to relax and have some alone time to recoup, which helps to relieve all the stress. So, the teen feels overwhelmed and unable to handle all the different obstacles being thrown in th eir path all at once. Often, it may lead the teen to try to avoid their responsibilities and problems, throwing up one of the first warning signs of depression. Every human being has feelings and reactions caused by daily life events, but it is a problem when mood begins to interfere with functioning and completing even the simplest of tasks. â€Å"When teens’ moods disrupt their ability to function on a day-to-day basis, it may indicate a serious emotional or mental disorder that needs attention —Show MoreRelated The Mood Disorder Depression Essay2491 Words   |  10 PagesThe Mood Disorder Depression Depression can be defined as an affective, or mood disorder characterized by mood deviations that exceed normal mood fluctuations. At its most extreme, depression can describe a psychotic state where the individual cannot function on his or her own. 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The hippocampus is known to be closely affiliated with the hypothalamic-pituitary-adrenalRead MoreThe Major Categories Of Disorder1063 Words   |  5 Pagescategories of disorder include the following: †¢ Anxiety Disorders †¢ Disruptive, Impulse-Control, and Conduct Disorders †¢ Dissociative Disorders †¢ Feeding and Eating Disorders †¢ Mood Disorders †¢ Neurocognitive Disorders †¢ Neurodevelopmental Disorders †¢ Personality Disorders †¢ Sleep-Wake Disorders †¢ Somatic Symptoms and Related Disorders †¢ Substance-Related and Addictive Disorders †¢ Trauma and Stressor-Related Disorders Mood Disorders Mood disorders consist of a widespread range of mood issues, suchRead MoreBipolar Disorder And Major Depression1358 Words   |  6 PagesMood disorders are characterized by unstable emotions, which are not always completely within the individual s control. Mood disorders are one of the most common categories of psychological disorders, and the two most common disorders within this category are bipolar disorder and major depression (also known as clinical depression). These disorders often require a patient to take medications to regulate their mood, which is often paired with psychotherapy or â€Å"talk therapy.† While they are commonRead MoreAnxiety And Other Mood Disorders1460 Words   |  6 Pagesanxiety and other mood disorders are essential to many forms of art. In this article I will examine how mood disorders influence art, as well as give multiple examples of how mood disorders are portrayed in the following art forms: paintings, literature, and music. Before we can broach the topic of art and mood disorders we need to have a good basis of what mood disorders are. Mood disorders are defined as â€Å"a perpetual and significant disturbance in a person’s emotional state or mood† (Lane, 2013).Read MoreAdjustment Disorder with Depressed Mood Essay1323 Words   |  6 PagesAdjustment Disorder with Depressed Mood Research was conducted to investigate Adjustment Disorder with Depressed Mood, and some causes, affects, and treatment approaches. Not all individuals manifest or demonstrate the same depressive symptoms, which can make it difficult for clinicians to diagnose and treat. The American Psychiatric Association has categorized various depressive disorders in the Diagnostic and Statistical Manual for Mental Disorders fourth edition (DSM-IV, 1994). ResearchersRead MoreBipolar Disorder1544 Words   |  7 PagesBipolar disorder or  manic depression causes serious shifts in mood, energy, thinking, and behavior—from the highs of mania on one extreme, to the lows of depression on the other. 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Personal Development and Lifelong Learning Sector Free Essays

string(81) " benefits for the individual without the numerous benefits for the organization\." Personal Development and Lifelong Learning Sector sys cheesy unit 5 Continuing Professional and Personal Development In this assignment I will evaluate my own approaches to CUP, weigh up my strengths and developmental needs In relation to literacy, language and innumeracy needs. This will be continued to develop my knowledge by using my own reflection and the feedback I have received from others. The outcome will be to establish a plan to identify the opportunities I have and want to take to address my learning needs. We will write a custom essay sample on Personal Development and Lifelong Learning Sector or any similar topic only for you Order Now During the second part of this assignment I will analyses and compare the relevant harries, principles and models of reflective practice how these theories and principles can be applied to my own development as an autonomous learner. Identify and engage In CUP opportunities and Identify previous CUP opportunities I have experienced, the good and the bad. To conclude in this part I will evaluate the impact to the CUP to my own professional practice and Identity any further developmental needs. In the final outcome I will analyses and compare the different teaching roles and contexts in the lifelong learning sector. I will go on to evaluate my own role and he responsibilities with reference to area of specialist and as part of a team. Finally analyses the impact of own professional, personal interpersonal skills on learners and others. Question one. Continuing Professional Development (CUP) is a process by which individuals take control to their own learning and development, by engaging In an on-going processor reflection and action (Whitaker, 2007) In critically analyzing my continuing professional and personal development I have used a number of sources as follows: * Terms of Reference * SOOT Analysis * Managing work self audit * Assertiveness audit * Intelligence test Time management tips * Stress management tips * Minimum core handbook * Lips with LULUS professional standards * Year one optional unit with my personal professional development plan initially started by looking what I add written on my Lips and reviewed what had written tort year one and in the summer in preparation for year two. I feel in just eighteen months my teaching knowledge has changed as I was never too sure what to write for these castles at the beginning, but with direction from my tutor and mentor I feel my year two LIP is more professional by using the LULUS professional standards. Annex M) Due to completing this course and the tact I have been on my own In the 1 Offs centre during the summer months, I nave completed majority to the teaching to complete the mandated hours for the course and self-development. This has played a major part in my main two developmental areas for year one’s goals. They were confidence and experience; I feel I have improved a great deal in these areas and plan to carry on doing so in the future. Looking at my SOOT analysis (annex E) I feel I have gathered a good number of things and included them on my LIP update (annex D) I do feel I have improved on reflection and perhaps I try to over complicate this as I often do with other areas. The feedback I have received from my tutor on last year’s reflections was positive so I think maybe trying too hard to create something and demanding too much from myself over this area. So overall I plan to continue keep attacking this area. One other area I would like to touch on my SOOT analysis in the threat column was I included my pregnancy. Now while this is something I am very happy about, it is something that will have a major impact on my career with possible skill fade while taking maternity. I plan on taking a year off work for maternity followed by leaving the Royal Air Force in the next couple of years and finally getting a new Job in the lifelong learning sector. In the skills audits (annex’s F-L) I have completed, nothing really gave surprising results but they have identified areas which I thought I had achieved the right level but could work on to further e. G. CIT skills and time management. Again all of these things I have recognized and included on my updated LIP. Throughout my reflections as previously discussed I have felt under confident and lacked experience which I feel I have developed positively. In feedback I have received from my tutor and mentor in relation to the course has been positive on the whole. There were highlighted areas for development such as varying the techniques I use such as pair and group work. This I will try and do but it has been difficult to address as we have the students for a short about of time and a lot of work to complete. It is something I am trying to work on and will endeavourer to achieve these aspirations in the coming months. The second area of development was given to me by my mentor, it was that I talk very quickly while heading the class ND do not allocate enough time for students to answer my questions. This I think is down to nerves when being observed. Hopefully with the further experience I have achieved I have slowed myself down for the next observation I have. In planning appropriate opportunities to address these identified learning needs as been quite difficult as I only have approximately 9 weeks left at work before maternity but I will maintain to keep focused and improve in that time. Dependent on being a new mother I will endeavourer to complete online courses to ensure I do not develop skill fade. Question 2 There are many different theories, principles and models designed around CUP. It has become an important aspect in and around teaching in recent years with the highlighted benefits of increased credibility, building professional confidence, providing career development and coping with change. These are the benefits for the individual without the numerous benefits for the organization. You read "Personal Development and Lifelong Learning Sector" in category "Learning" David Chon was known as being the first to introduce reflective practice, in his book The Reflective Practitioner in 1983. However the concepts underlying reflective practice are much David Chon was born in 1 O and graduated Yale in 1951 tater studying hilltop’s. His views on reflective theory stemmed from his study of John Dew’s theory of inquiry. This became his pragmatist framework in his later work. The backbone of Scion’s notion was reflection in action and reflection on action. While reflection in action was described as â€Å"thinking on your feet† This does seem to be the one theory most have taken and further develop into their own. Davis Kola’s experimental learning cycle is also known as a reflective tool where you take your experimental learning gained through action and practice. The experience must somehow be transformed for the learning to occur. The model uses the experience first grasped and then transforms it into strategies that give guidance to future actions. Graham Gibbs published his reflective cycle in 1988 which is based on Kola’s model of experimental learning, where many reflective models take the basic information for example Boron’s model on reflection 1970 chic was later developed by Roller 2001) asks three simple questions What? So what? Now what? Gibbs model goes into further detail and asks many different questions and breaks it down further. So in comparison of the two Barton asks three questions where Gibbs asks six. Overall in comparing the theories they all hold the basic fundamentals of learning after an experience. Most theories are derived from models associated with describing learning. Therefore it has been accepted that in context of theory reflective practice is an experimental process to identify developments and CUP is the act of improvement or modification. In my own opinion most recent theories have lust taken older ones and further developed them to work for themselves. Throughout my learning Journey regarding reflective practice it has been quite a struggle to find a model that I am comfortable with. Reflection to me is when I am having some quiet time such as walking the dogs and running things through my mind, looking at what happened and breaking it all down. Finally deciding what I should do differently next time. I do however find it difficult to put it into format, never too sure on what is required and what people are looking for. However with this uncertainty I have found the Gibbs model is far easier to use as it gives me plenty of pointers to discuss. Using theories, principles and models can be used as an autonomous learner once you have found one that you are comfortable with. When I first started completing my first year reflections I spoke to my mentor about the difficulties I was having, and the response is the only negative thing I have found with them. They responded with they used Boron’s model as it was simple to use and I should give it a go. This was one I could not get to grips with, so after speaking to my tutor I did some further research and came up with the same model as she sent me, Gibbs. As we have discussed in other assignments, classes and work everyone learns/works differently and to work as an autonomous learner in reflection they have to find a model that suits. Throughout the year, the accreditation center staff are kept aware of upcoming CUP events in our specialist field. We regularly attend City and Guilds events, ‘FL and our Apprenticeship Management Team (MAT) CUP events. These are normally notified via email but we also check the websites to ensure we have not missed anything. We also conduct our own CUP events for the center star TTT and our workplace assessors as this is a requirement trot boot our awarding body and MAT. These are invaluable assets to all people in the teaching environment they give networking opportunities to others who teach in the same environment. Also attending generic events can have its benefits too as people can share views, opinions and methods. For the professional bodies putting on these events they can be one of the best ways to get their messages across. Keeping people up to date with current procedures as well as any up and coming changes that are being applied. The one CUP event I attended was an ‘FL event earlier in the year at Coventry University. I felt it was a fantastic event with lots of very interesting seminars throughout the day. It gave us an insight on the plans of ‘FL with the upcoming Linefeed report at first followed by different classes covering emerging technologies, dyslexia and SETS status. Speaking to other attendees and staff gave me a good insight t other roles and insights as I had not been in the world of teaching for even a year at that point. After a seminar about dyslexia I felt extremely energize over the subject of Spud’s and felt I could listen to the lecturer all day. Another member who was from Birmingham University who had done a huge amount of research and created a presentation at her place of work gave us all further information. The whole event was a huge success in my eyes and I felt I took away so much from it. I was also keen to keep hold of my ‘FL membership no matter what’d planned to gain SETS status as soon as I could. But after eight months now and very little heard from ‘FL, the lack of CUP events since has dampened my enthusiasm for ‘FL and I now question my need for them. Bring back ‘FL CUP events! At this current stage of the year there is little being offered in regards to CUP which as a little bit of a problem throughout the year. ‘FL has had very little going on, certainly in my area of expertise and location. I think this has been due to the Linefeed report and their concentration has been geared towards the outcomes from that report. City and Guilds have only directed their CUP events at other sectors (IEEE Hair and Beauty) and Quality Assurance, both of which have not been beneficial to me. I recognize the need for CUP but with the upcoming birth of my daughter, it will be taking a back seat as work will be over the next 15 months. I hope to carry on CUP in that time but it will be individually activities. What are you trying to achieve by your teaching? This is a very demanding but when you can answer it, also a very illuminating question. Of course you want you students to learn successfully, but you may also have an overarching personal goal (Petty, 2009) My role in the lifelong learning sector is more of an instructional/facilitator role than a teaching one. In regards to the FEE sector this covers general FEE colleges, tertiary colleges, sixth form and independent and specialist colleges. Many colleges work in partnership with other members of the sector and are mainly associated with the delivery of education of 14-19 year olds, leaving school. There has been a great deal of change over recent years to adult learning due to recessions and redundancies over the last 3 years along with the changes to funding. The other I would like to touch on is offender learning. This Government initiative is designed to reduce refunding behavior. Often offenders are under achievers at school, with a lack of motivation. They put the age range of 10-18 but in adult institutions have got TTY to learn new skills and trades, tort example Gordon Ramsey doing workshops in Britton Prison for offenders to learn the trade of being a chef, on Channel 4. In this sector the teachers do struggle in the conditions, not only do they have to deal with dissatisfied learners with emotional and behavioral issues. They have to ensure they meet POSTED requirements as well as Home Office policy, all with minimal resources. This isn’t Just a ‘let’s go and cook along with Gordon in prison’ thing. The idea came from the fact that there are approximately 80,000 inmates across the country now, which is a hell of a lot. It was about getting them doing something with their time, giving something back, and also getting Job-ready. The biggest problem is the re-offending percentages, people Just go round and round in the system. (Channel 4, 2012) So in comparison to my role to the others mentioned I find myself feeling a bit of a fraud in comparison at times with other sectors. FEE colleges have numerous challenges to contend with as does offender learning. How to cite Personal Development and Lifelong Learning Sector, Essays

Concepts of Misrepresentation-Free-Samples -Myassignmenthelp.com

Question: When an employee signs a contract, is the term unfair not to allow the employee to look for work? Answer: Introduction In Australia, the building law covers a range of legislations which have to be strictly followed by the parties on which such laws are applicable. For instance, the most basic law which is applicable is contract law, as any building, whether its purchase or construction, requires a contract to be drawn where the terms of the promise are covered. In case the same is not done, it could result in a breach of contract, and likewise, would attract the penalties for the breach of contract[1]. Due to the involvement of consumers in the building law, the Australian Consumer Law also becomes applicable on the builders, developers and their agents. There is also the involvement of work health and safety related provisions, based on the jurisdiction in which the work is being done. However, the present discussion is restricted to two key elements, i.e., misrepresentation and unfair contract terms, in the context of Australian Consumer Law[2]. Even though misrepresentation is a term covered unde r the contract law, there are provisions under the Australian Consumer Law which offer protection from such acts. In the following parts, an attempt has been made to highlight these two terms based on Australian Consumer Law and in the context of how these have an impact over the sale of land by the developers. Australian Consumer Law The provisions of Australian Consumer Law are covered under the Competition and Consumer Act, 2010[3] which is an act of the commonwealth and has been drawn for protecting the consumers and promoting competition. The provisions of Australian Consumer Law, i.e., ACL, are covered under Schedule 2 of this act[4]. This act replaced the Trade Practices Act, 1974[5] and became applicable from 01st January 2001. The manner in which the provisions of ACL apply on the developers, with regards to misrepresentation and unfair contract terms, have been explained herewith[6]. Misrepresentation Misrepresentation is a situation in which one person makes a false statement to another person, so that such second person enters in the contract. In order for a case of misrepresentation to be made, it has to be shown that the false statement was made to induce the other party into entering the contract[7]. In Holmes v Jones[8], the man who was selling his farm stated that a particular amount of cattle could be stored in the farm. Upon inquiry, the purchaser found this to be false and still bought it. As the reliance was not found to be on the misrepresentation, the damages were not awarded to the plaintiff. Further, it has to be a statement of fact and cannot be claimed for an opinion[9]. Under the ACL, misrepresentation is protected through section 18, which relates to the misleading or deceptive conduct. The general protections pertaining to this are covered under Part 2.1[10] and 2.2[11]. As per section 18 of the ACL, while being engaged in trade or commerce, the individuals should not indulge in any conduct which is likely to be misleading or deceptive or does actually mislead or deceive[12]. In the case of Mike Gaffikin Marine Pty Ltd v Princes Street Marina Pty Ltd[13], the false statements which were made during the negotiations were held to be misleading or deceptive conduct. This section provides the remedy in form of ancillary order for varying of the drawn contract. For the developers in the nation, they would be deemed to be indulged in misleading or deceptive conduct when they make false statements during the course of negotiations. Also, it is not necessary that such false statement has to be made while being in the physical presence of the seller. The statements made through the adverts placed in magazines or newspapers, the letters, and the emails, all would make them liable for the breach of section 18 of the ACL, if it contains a misrepresentation[14]. Such statements could relate to a factually wrong statement, which results in the creation of a false impression. Also, the non disclosure of crucial and substantial information to the buyer would also contribute towards a misleading or deceptive conduct, as non disclosure is also deemed false statement. In the similar manner, when crucial information is left out or concealed, or the client is deliberately not provided the updated data or a misunderstanding is willfully not correct, or even the making of inaccurate or false claims would result in the breach of provisions of section 18[15]. Another leading example is the photographic enhancement. The photographs of the property which are touched up for hiding the characteristics which are not desirable and where the features are enhanced could also mislead the consumers. So, the developers should refrain from modifying or allowing the modified photographs to represent the property when they do not present a fair representation. They should also refrain from changing the property appearance by digitally adding or removing certain features; though the adjustment of light to compensate for poor lighting would not be a breach of this section[16]. Price advertising is another thing which would be seen as the breach of the provisions of the ACL. An agent should refrain from misrepresenting the price of property that has been put up for sale or for lease. The prices which have been advertised have to be reasonable and fair and they need to reflect the current expectations and market value of the seller. If any amendments are made during the marketing campaign, it is likely to have an impact over the selling price and this has to be properly reflected in the prices which are advertised. Also, there is a need to refrain the quoting the price of the property which is less than the asking price of the seller, i.e., under quoting. Under quoting takes place when the price of the property is advertised for sale at a price which is less than the price which was asked by the vendor. This is because such prices mislead the consumers by portraying an inaccurate appraisal of the propertys market price. Another point which has to be kept in mind is the price range which is quoted or is advertised. The lowest amount in the price range should not be less than the selling price of the vendor[17]. A very crucial element which would be deemed as misrepresentation and which would lead to a breach of section 18 of the ACL is the representation made regarding the characteristics of land. There is a need to acknowledge the restrictions regarding the permitted use of buildings or land, which can affect the property. Some of the issues included in this are the easements, planning requirements and restrictive covenants. The representations regarding the land characteristic include the previous use of land, the suitability for residential development, the ability to be subdivided, and state of repair and physical condition of the land[18]. Juniper Property Holdings No 15 P/L v Caltabiano (No 2)[19] was a case where the developer had started the marketing of units, back in 2006, at the Surfers Paradise in the Soul development. An off the plan contract was entered into by the developer for contracting to sell the penthouse apartment at the decided price of $16.85 Million. The development was finished in 2012 and the buyer was called on for settling. The buyer applied for extension in the settlement by two years and the developer agreed to it after applying penalty interest. The receivers and managers were appointed later in 2012 for the undertaking, rights and property of the developer. The buyer did not take part in the settlement and the contract was terminated for the breach on part of the buyer. And the developer bought an action in the Supreme Court of Queensland. The counterclaim of the buyer on this was on grounds of misleading and deceptive conduct[20]. The buyer had to show that the conduct was he suffered a loss after relying on the misleading or deceptive conduct of the developer. Though, the buyer failed in proving this, which led to his counterclaims being rejected by the court. Further, the breach of contract was found on the buyers part which led to an order where he was asked to pay $1.4 million, along with the interest, to the buyer, in addition to the legal costs of the developer. Such cases show that the provisions of ACL not only offer protection to the buyers, but also to the developers, where a wrong claim for misleading or deceptive conduct is made by the buyer[21]. Unfair Contract Terms As has been stated in the introductory segment of this discussion, the building law is such a field where a number of contracts have to be drawn. And in this regard, it becomes very crucial that such contract does not contain an unfair contract terms. The ACL regulates the standard form of consumer contracts in the matter of unfair terms. The provisions contained in the ACL have a major impact over the property developers[22]. In case a contract contains an unfair term in the standard form contract, it is considered as void and makes the contract unenforceable owing to ACLs applicability. The unfair term provisions covered under the ACL apply to the consumer contracts and standard form contracts when an unfair term is contained in these contracts. The grant or sale of interest which is held in land is included under the consumer contracts, where the individual makes use of these for domestic, personal or household purposes. Hence, the definition not only covers the sale, but also goe s beyond it and covers the developers powers and privileges, regarding the particular land[23]. The contracts which are made by the developer are considered as being unfair when a major imbalance is caused in the rights and duties of the parties, or in such cases where the legitimate interest of the developer is not protected in a key way, and also where such occurrence would be disadvantageous for the buyer due to the faith they have put in the developer. When the contract of sale is created or drafted by the developer, different clauses are inserted which favor the developer and through which, the developers are given flexibility in different matters, but which mostly relate to the project competition related issues. However, the provisions under the ACL would be deemed to be violated only when it can be shown that an imbalance was caused in the position of the buyer, due to the insertion of such clause by the developer. To evaluate the presence or absence of such imbalance, different factors are considered, which include the standard industry practice with regards to the com petition time of a project, the warranties offered, and the discretionary items[24]. When a decision is required to be made for a specific item being important for protecting the interest of the developer in a legitimate manner, the developers are required to put forward the evidence for the market where they have their business operations, the requirement of a particular level of flexibility in hands of the developers, the financier imposed economic factors, regulations which the planning schemes and the councils impose, and the necessary evidence regarding the market in which they operate. It becomes the duty of the developers to make certain that the proper discretion required to deliver the end product to the consumer is covered under the contract, and not such provisions are included which provide unwarranted freedom, which would lead to the provisions been deemed as unfair as per ACL[25]. Along with considering the detrimental position in which the purchaser can be placed, there is also to consider the disadvantageous position in which the purchaser is placed, especially when it comes to the matter of entirety of contract and the transparency in the same. The various terms which can be taken as unfair have been properly explained under the ACL. Some of these terms have been stated below: Avoiding the performance of contract or limiting it knowingly; Putting changes in the contractual terms; Imposing limitations on the evidence which can be presented by the purchaser; Placing evidentiary burden on the contract proceedings on the purchaser; Modifying the price to be paid without the purchaser been given the opportunity to bring the contract to an end; Making changes in the interest of land; Making changes in the characteristics of land; Modifying the contract whereby the land can be sold off unilaterally; The contract been assigned in a way which is detrimental for the purchaser where the consent is not taken of the purchaser; Unilaterally determining if the contract has been contravened or if it is interpreted unilaterally Limiting the vicarious liability of the developers agent; If limitations are imposed on the purchaser right to sue the developer; Imposing penalties for terminating the contract on the purchaser; and Terminating the contract without proper cause[26]. For a contract to be deemed as unfair for making it unenforceable under the law, the situation which was present at the time of making the law and the circumstances which led to the unfairness have to be considered. The term would not be unfair when the main issue of the contract is covered under it, and the same has been expressly allowed through the law of state, territory or the commonwealth, and also contains the upfront prices to be paid pursuant to the contract. Even if a term is unfair, the attempt is first made to severe the term, as the severance clauses are usually covered in such contracts. Though, if the unfair term holds such significance, that it cannot be severed, the contract in its entirety becomes unenforceable, and so void[27]. For a successful claim to be made for such unfair terms there is a need to show that a major imbalance was caused and that reliance on it would be detrimental. The key issue is to establish that a major imbalance had actually taken place. The factors which would be taken into consideration for this purpose include the clarity of terms, the term being clearly written and the like. In ACCC v Chrisco Hampers Australia Ltd[28], the court held that the terms used by the defendant were false and misleading representation for the consumers due to the reason that they were not stated clearly. Further, a reasonable person would not have been able to understand such terms because if the consumer had actually understood the result of such terms, then by being a prudent person, they would not have signed the contract. So, property developers have to be careful that such terms are not included in the standard contract which cannot be interpreted clearly. A crucial requirement for a claim to stand for unfair contract terms is to show that if the term is relied upon, it would prove to be disadvantageous for the party relying upon the same. This detriment can be of delay, distress or financial detriment. This can be further clarified from the case of Wakefield Trucks(P) Pty Ltd v Lach Transport Pty Ltd [29]. In this case, the defendant was sold a vehicle by the plaintiff and the plaintiff made certain representations regarding the vehicle during the negotiations pertaining to the fuel consumption, which was less than the real consumption of the fuel. As the defendant had relied upon this statement, the court held that the defendant was entitled to get all of the resulting losses which flowed from this reliance. Along with this, the recovery of interest which was incurred, regarding the extra fuel cost was also permitted by the court. Some other factors which need to be considered for successfully claiming against the developer includes the setting under the ACL, as the social, family or domestic setting cannot give rise to a legal binding contract, as was held in the matter of Balfour v Balfour[30]. The developers have the intention of selling the land and obtaining maximum monetary benefit out of it. An unfair term, under the ACL, would be to allow a single party to terminate the contract. Further, an offer once accepted by the buyer, cannot be withdrawn by the developer as was held in the matter of Souter v Shyamba Pty Ltd 2002[31]. Lastly, to consider the unfairness of a contract term, the whole of the contract has to be taken into consideration, and not a small statement, which can be interpreted in different manner, as was held in the case of Hussey v Horne-Payne[32]. Hence, for the claims to be made against the developers there is a need to fulfill these basic requirements on part of the buyer. Conclusion The discussion carried above highlights the manner in which the concepts of misrepresentation and unfair contract terms are applied under the ACL on the developers when it comes to the sale of land to a prospective buyer. Misrepresentation is a concept under the contract law and is applied through section 18 of the ACL on the developers. Based on this section, the developers are to refrain from indulging in such a conduct which can be considered as misleading or deceptive conduct. This can be done in different ways, as has been stated above, for instance, advertised price being wrong or the photograph of the property being digitally enhanced. The case of Juniper Property Holdings No 15 P/L v Caltabiano (No 2) made it very clear that the provisions of ACL are not just meant to protect the consumers, but the developers as well. The discussion then moved on to the unfair contract terms, which can make the contract void based on the provisions of ACL. And when a case of unfair contract t erm is found, the attempt is made to severe the term where possible, and when the same is not possible, the contract becomes unenforceable as it. References Tom Davie, Tony Earls, and Jeremy Coggins, Understanding Construction Law (LexisNexis Butterworths, 2016) Ian H. Bailey and Matthew Bell, Construction Law in Australia (Thomson Reuters Australia, Limited, 3rd ed, 2011) Competition and Consumer Act, 2010 (Cth) Competition and Consumer Act 2010, sch 2 Trade Practices Act, 1974 (Cth) Stephen G. Corones, The Australian Consumer Law (Lawbook Company, 2nd ed, 2012) Neil Andrews, Contract Law (Cambridge University Press, 2nd ed, 2015) (1907) 4 CLR 1692 John W. Carter, Elisabeth Peden and Greg Tolhurst, Contract Law in Australia (LexisNexis Butterworths, 5th ed, 2007) Australian Consumer Law, pt 2.1 Australian Consumer Law, pt 2.2 Australian Consumer Law, s18 17 ACSR 495 Dilan Thampapillai, Vivi Tan and Claudio Bozzi, Australian Commercial Law (Cambridge University Press, 2015) Department of Commerce WA, Australian Consumer Law (2013) https://www.commerce.wa.gov.au/sites/default/files/atoms/files/aclagentsmanual2013_0.pdf News Media Works, Misleading and Deceptive Conduct in Real Estate (2017) https://www.newsmediaworks.com.au/misleading-and-deceptive-conduct-in-real-estate/ Ibid At 15 [2016] QSC 5 Supreme Court of Queensland, Juniper Property Holdings No 15 P/L v Caltabiano (No 2) [2016] QSC 5 (2016) https://archive.sclqld.org.au/qjudgment/2016/QSC16-005.pdf Tom Davie, Tony Earls and Jeremy Coggins, Understanding Construction Law (LexisNexis Butterworths, 2016) Justin Lethlean, Joanne Daniels, Murray Deakin and Travis Payne, Australia: How The New Australian Consumer Law Will Affect Property Developers (11 May 2010) https://www.mondaq.com/australia/x/100132/How+The+New+Australian+Consumer+Law+Will+Affect+Property+Developers Julian Bailey, Construction Law (CRC Press, 2014) Justin Lethlean, Joanne Daniels, Murray Deakin and Travis Payne, Australia: How The New Australian Consumer Law Will Affect Property Developers (11 May 2010) https://www.mondaq.com/australia/x/100132/How+The+New+Australian+Consumer+Law+Will+Affect+Property+Developers Ibid Ibid [2015] FCA 1204 (2001) 79 SASR 517 (2002) 11 BPR 20,369 [1879] 4 App Cas 311