legal Action Against Johnny under ACL and the Sort of Penalties

Question: Discuss about the legal Action Against Johnny under ACLand the Sort of Penalties. Answer: Facts Johnny has decided to add a new range of pasta dishes to the menu of his restaurant. In order to promote his idea, he placed a large signboard on the window of the restaurant stating his new pasta dishes as the best pasta in town which will be made with all the fresh ingredients. Another restaurant owner named Angel got annoyed due to sign as she had been serving pasta for years. She made accusations on Johnny of misleading the customers because it was in his knowledge that he was still using preserved olives for the purpose of making pasta dishes. To this, Johnny responded that despite using preserved olives from tin, he was still using them fresh from a tin. Angel threatened him of taking legal action under section 18 of Australian Consumer Law. Issue How should Angel bring a legal action against Johnny under ACL and will such an action likely to succeed and the sort of penalties on Johnny if he is found guilty of breaching the ConsumerLaw Guarantees. Relevant Laws and Applicability in Case The Australian ConsumerLaw (ACL) establishes consumer rights also known as consumer guarantees. These guarantees, in case of damages and loss, provide consumers rights to reimbursement/compensation, replacement, or repair. The customer also has right to cancel the services, if it is faulty. Section 18 of ACL for misleading or deceptive conduct states that a person must not get involved in such a conduct in trade and commerce that are misleading and deceptive or most probably mislead or deceive others(Australian Consumer Law, 2010). Such a kind of prohibition is not restricted to the supply of goods and services but holds broad and economy wide standards of the conduct. In this case, on one hand, Johnny put the sign claiming to serve the best pasta in the town made with fresh ingredients and on other side, he accepted that he was using tinned preserved olives for making pasta. Both the conditions were contradictory to each other and it was the misleading and deceptive conduct of Johnn y towards his consumer (Commonwealth of Australia , 2016). Under the ACL, when products and services are purchased, it automatically comes under the guarantee of their proper and desired function and if it fails to be in compliance with the law, consumer rights can be availed. Businesses are required to guarantee products and services sold, hired or leased by them both under and over the cost of $40000. In case business fails to fulfill the guarantees, consumer rights related to compensation, replacement, or repair, can be availed. Moreover, service can also be cancelled by the consumer and they can compensate for damages and loss (Clements, 2016). In this case, Johnny was clearly deceiving the consumers despite promoting his pasta on the guarantee of being made with fresh ingredients. Thus, his products were not under the compliance of consumer guarantee. Consumer guarantees on products require meeting the expectations of the consumers in accordance with the guarantee or the acceptable quality of products provided at the time of sale (Austr alian Capital Territory, 1992). In this sequence, the products are required to match with the descriptions made by the salesperson over packages, promotions, and advertisings. The food item which was being sold by Johnny did not meet the conditions mentioned for consumer guarantee on products and services (Australian Government Solicitor, 2011). Products are also required to match with the demonstration model or the sample which have been asked for and befit with the purpose of the business for which it had been required to be fit with and also for all the purposes that might have been known to the business before purchasing the products(Legislation, 2012). Furthermore, the products are also required to meet all the extra assurances made about the performance, condition and the quality of the products which also includes lifetime guarantees and the money back offers (Commonwealth of Australia, 2010). Claims of remedy can be made from the retailer, manufacturer or the importer if the goods or products do not meet the consumer guarantees of acceptable quality, matching the description as well as extra promises made regarding the performance, condition and quality. In case of failure with the compliance under consumer guarantees, the consumers are eligible reimbursement of costs from the manufacturer or the importer which inclu des an amount of the reduction in the value of products and in some situations, compensation for the damages or loss incurred to the consumers (Austlii, 2017). Thus, the food an item i.e. varying range of pasta which has been sold by Johnny does not meet the criteria as mentioned by Johnny during the promotion of his new range of pasta as he was using tinned olives as an ingredient for making pasta, he was required to compensate the consumers (Federal Register of Legislation, 2010). However, it was a fact that Johnny was liable to pay back or compensate the consumers but Angel was his competitor as she had been operating the restaurant next door to the restaurant of Johnny and was annoyed due to the promotion of a new range of pasta by Johnny. Johnny will not be held liable to pay compensation to Angel. If consumers want a claim, he will be required to pay back to the consumers under consumer guarantees of ACL (ACCC, 2017). The consumers, in case of failure of the products and services remain in compliance with the consumer guarantees, can ask the relevant business for the preference of free repair, replacement or refund as desired. In this case, consumers can only demand replacement or refunds as the issue with the product are major (ACCC, 2017). In the case of replacement, it is essential that the replaced products must be of a same type of the product which had been initially supplied to them. In the case of refund, it should be of the same amount as had been already paid to the consumer and as the original payment. It depends upon the business to take into consideration the time that had been passed after purchasing the product which include various factors such as the type of product, the type of utilization of the product, reasonable length of time up to which the product can be utilized as well as the type of its utilization that can be expected to be tolerated before the failure had become notic eable. All these factors can be taken into consideration by Johnny in case the demand for compensation from the consumers arises. The product or goods can be considered to be a major problem if the issue with them stops others from buying them in case they know about the problem. Moreover, if it can be considered as unsafe or is considerably dissimilar from the sample or description provided to the consumers by the retailers or the manufacturers, then it is considered as a major issue with the products or goods. If the products or goods do not match with the functions as ensured by the retailers or manufacturers to be served and the issue cannot be fixed as well. In this case also, the pasta dishes being served by Johnny to the consumers are provided with the assurance to be made with fresh ingredients, however, olives that are being used in the preparation of pasta are tinned and preserved (Common Wealth of Australia, 2017).. Thus, it has been an issue of clear misleading and deceiving the clients or the customers for which he will have to compensate or pay back to the customers. According to ACL, the retailers or the manufacturers who had sold products, goods or services to the consumers cannot refuse to help them by providing them with the costs in order to recover the damages. The costs being paid to the consumers must include the amount of reduction in the value of the products and in some cases if compensation for the purpose of damages or loss is required to be paid. One cannot demand repair, replacement, and refund from the manufacturer according to ACL. However, businesses cannot deny refunds by showing the signs of no refunds under any circumstances. The rights of consumers under consumer guarantees do not have a specific expiry date and can apply even after the expiry of any kind of warranties which had not been received by the business (ACCC, 2017). The consumers can seek compensation for the purpose of damages and loss suffered due to a problem with the products and services if the supplier could have already predicted the issue with the products and services. The compensation to the consumers includes the costs incurred by the consumers due to such a problem with the products, goods, and services. It usually includes financial costs but in some cases, it can also include other costs a well such as lost time or productivity. Suppliers do not have the authority to mislead the consumers regarding their rights to compensation just by stating that they are not responsible for any kind of losses which might have been suffered by the consumers during or after the use of products and services. Therefore, to conclude, Angel can take legal action against Johnny under ACL under section 18 i.e. under the misleading and deceptive conduct and for consumer guarantees as well. The action taken by Angel will most probably succeed because Johnny is involved in misleading and deceiving the consumers for which he will have to pay the compensation to the consumers. References ACCC. (2017). Compensation for damages loss. Retrieved from accc: https://www.accc.gov.au/consumers/consumer-rights-guarantees/compensation-for-damages-loss ACCC. (2017). Repair, replace, refund. Retrieved from accc: https://www.accc.gov.au/consumers/consumer-rights-guarantees/repair-replace-refund Austlii. (2017). Commonwealth Consolidated Acts. Retrieved from austlii: https://www.austlii.edu.au/au/legis/cth/consol_act/caca2010265/sch2.html Australian Capital Territory. (1992). Fair Trading (Australian Consumer Law) Act 1992. Retrieved from legislation: https://www.legislation.act.gov.au/a/1992-72/current/pdf/1992-72.pdf Australian Consumer Law. (2010). Trade Practices Amendment (Australian Consumer Law) Act (No. 2) 2010. Australian Consumer Law. Australian Government Solicitor. (2011). Australian Consumer Law. Retrieved from https://ags.gov.au: https://ags.gov.au/publications/fact-sheets/Fact_sheet_No_12.pdf Clements, G. (2016). Australian Consumer Law Review. Retrieved from cdn.tspace.gov.au: https://cdn.tspace.gov.au/uploads/sites/86/2016/03/ACLreview_issues_paper.pdf Common Wealth of Australia. (2017). Legislation. Retrieved from consumerlaw: https://consumerlaw.gov.au/the-australian-consumer-law/legislation/ Commonwealth of Australia . (2016). Consumer guarantees. Retrieved from tspace.gov.au: https://consumerlaw-staging.tspace.gov.au/files/2016/05/0553FT_ACL-guides_Guarantees_web.pdf Commonwealth of Australia. (2010). The Australian Consumer Law. Retrieved from publications.qld.gov.au: https://publications.qld.gov.au/dataset/1b96f0f9-1d84-44b4-9448-7d871dbd3b9d/resource/a9a1cc75-3b45-44fb-a08d-33d1e6ac7c10/download/aclguidetoprovisions.pdf Federal Register of Legislation. (2010). Trade Practices Amendment (Australian Consumer Law) Act (No. 2) 2010. Retrieved from legislation: https://www.legislation.gov.au/Details/C2010A00103 Legislation. (2012). Australian Consumer Law and Fair Trading Act . Retrieved from legislation: https://www.legislation.vic.gov.au/Domino/Web_Notes/LDMS/PubStatbook.nsf/edfb620cf7503d1aca256da4001b08af/a7a06c0b33b7f723ca2579f80018c9f2/$FILE/12-021abookmarked.pdf

My Future Career free essay sample

This is a field that I expect will be both challenging as well as professionally rewarding. As a paralegal, I will assist attorneys in the delivery of legal services (National Association of Legal Assistants, 2008). We will write a custom essay sample on My Future Career or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page A career in paralegal studies is a prestigious, professional adventure and offers a wonderful opportunity while enhancing ones knowledge of the law and provides for challenges, growth and advancement. After conducting research on this career, I found paralegals have many responsibilities in the legal world. Many of them I was unaware of until this research. Paralegals conduct client interviews and maintain general contact with the client, locate and interview witnesses, conduct investigations and statistical and documentary research, conduct legal research, and draft legal documents, correspondence, and pleadings (National Association of Legal Assistants, 2008). They also summarize depositions, interrogatories, and testimony; attend executions of wills, real estate closings, depositions, court or administrative hearings, and trials with the attorney, and author and sign correspondences (National Association of Legal Assistants, 2008). These are just a few of the responsibilities that paralegals are responsible for under the supervision of the attorney. Paralegals must meet certain requirements to be qualified as a paralegal. Successful completion of the Certified Legal Assistant certifying (CLA) examination of the National Association of Legal Assistants, graduate from an ABA approved program of study for legal assistants, or graduate from a course of study for legal assistants which is institutionally accredited but not ABA approved, and which requires not less than the equivalent of 60 semester hours of classroom study. They could also have a baccalaureate degree in any field, plus not less than six months in-house training as a legal assistant, a minimum of three years of law-related experience under the supervision of an attorney, including at least six months of in-house training as a legal assistant, or two years of in-house training as a legal assistant. Each states regulations are unique and employers requirements vary widely due to the many kinds of work that paralegals can do (National Federation of Paralegal Associations, 2012). It takes a lot of hard work and really knowing your legalese to be a great paralegal, and I am going to study very hard to get there. According to U. S. Bureau of Labor Statistics, employment of paralegals and legal assistants is projected to grow 22 percent between 2006 and 2016, much faster than the average for all occupations (National Association of Legal Assistants, 2008). Private law firms continue to be the single largest employer of paralegals, good job opportunities also exist in several other markets in both the private and public sectors. In addition to private law firms, other organizations in the private sector employ paralegals (American Bar Association, 2011). Some examples include corporate legal departments, insurance companies, estate and trust departments of large banks, hospitals and health care organizations, real estate and title insurance companies, and professional trade associations. Earnings vary considerably depending upon such factors as size of the community, geographical location, and size of the firm, nature of the legal practice, and the paralegals educational background and work experience. Some paralegals work on a part-time or freelance basis, handling overflow from firms and legal departments and are normally paid on an hourly or project basis (American Bar Association, 2011). After writing this essay and doing the research I am very eager to get started on my journey of challenges, growth, and advancement in the legal world. I know it is going to be a lot of hard work to get the schooling that is needed to succeed. Knowing that I will have the opportunity to help people with legal matters, and making a better life for me and my family is going to be reward enough.

The Highwayman Essays - Animal-powered Vehicles, Carriages

The Highwayman subject = english-creative writing title = The Highwayman The Highwayman Their journey to London was not a long one, but in the night, it was a treacherous one. A rolling fog covered the land, one couldn't see twenty feet ahead, but in the still, quiet night, sound carried for a mile. They began their trek in the early evening, the sun had yet to dip below the horizon. The passengers needed in London, could not wait for the next morning. The stage driver was the best to be found, his fee large, but his experience was priceless. He was accompanied by another man with a large rifle. The Rifleman had keen eyes and his ears were at attention, listening over the horses for oncoming riders; for the Highwaymen who prayed on the stages. Long after the sun had set, not a sound had been heard over the consistent clip-clop of the horses. Their hooves hit the dirt road, broadcasting a message for nearly a mile of the nearing prey. The sound alerting all the nearby predators to keep a good watch, to be ready, for the prize will soon be in their grasp. The fog, like a blanket spreading it self out on the land, concealed all stars, the only light was from a lantern suspended above the stage driver. The passengers nervous, expecting to hear shots fired. The jumped at every bump in the road that the wheels struck. Clutching their baggage close, they prayed that the night would pass quickly. The Highwayman, alerted to the approaching stage, was hidden by the road, and concealed by the fog, he was not yet able to discern the light from the quickly approaching lantern. Clutching his pistol, his only weapon, he planned to take all the that he desired from the stage. His family was at home, sitting by the fire. His late night occupation provided their home, food and clothing. During the day he works in a stable for the nearby English noble. Feeding and grooming their horses, only he knows the stable well enough to "barrow " a horse. Not every night, but often enough for his family to live better than most. Passing through a small wooded area, the stage continued at its rapid pace, the horses sweating, pulling the large stage coach and its five passengers. The Rifleman, ever intent, tenses, telling the driver to push the animals even harder. The two horses, running as fast as they can, try to comply, but they gain no speed. The passengers, jumping at every bump in the road, wishing the ride over, holding fast to the coach, expecting any minute for the stage to roll on its side. They were waiting for the Highwayman to strike. Behind a wall of fog that hides him from the stage, not making a sound, he waits. He is waiting for the right moment to ride forth. He knows that quickly he will see the light and the stage that brings it. And then they will be able to see him. His rifle is ready in his arms, ready to rise to his shoulder, take aim, and fire. The lantern throws ghostly shadows as the coach rushes by the surrounding trees. The experienced eyes of the Rifleman, watching everything as it flies by, waits for that movement, that shape, that does not belong. He listens to the sound of air rushing past, the sound of the horses, listening to their hooves as they strike ground and gulp for air in the night. He listens for the sound that does not meld with the others, the of beat of a third horse. He can see the light now, his anticipation building, his heart beating, over powering the sound of the stage, smothering the sounds of the horses pulling it. His pistol ready, in his shaking hand. His other hand holds the reigns, his feet ready to propel the horse onward, to overtake the stage. Waiting for the right moment, waiting to strike. The Rifleman waits, scanning the forest as it streaks past, his nerves building a lump in his throat. The Highwayman can now see the stage in its entirety. The Rifleman ready, will see him. Now is the time to strike. He is surprised at the speed of the coach, the cargo must be must be important. The passengers pray that they complete the trip, curse the driver for the speed. Not knowing of the dangers out side, clutching to each other, they sit on the floor of the coach. Scared,

Free Essays on Single Subject Design

Free Essays on Single Subject Design INTRODUCTION Self-control programs, in which one is taught to control one’s own behavior by devising antecedent and consequent events, have been gaining in popularity for quite some time now. A central aspect of these programs is self-reinforcement, in which a subject self-administers reinforcers dependent upon requisite performance. Self-reinforcement techniques have been shown to alter therapeutically a wide variety of behaviors, including studying, eating, depression and smoking, in both educational and clinical settings (Nelson, Hayes, Spong, Jarrett if the consequences are postponed, intermediate cues may be mislabeled as self-reinforcement. In a study conducted by Nelson, Hayes, Spong, Jarrett and McKnight (19...

The Labour Market Sector UK Essay Example | Topics and Well Written Essays - 3500 words

The Labour Market Sector UK - Essay Example From the research it can be comprehended that the demand for labor in the United Kingdom is influenced by the availability of skills, expertise, and knowledge in the country. Different types of labor are required in the country to meet the demand of labour in various sectors. According to HRM in context, a labour market can be described as a mechanism through which labour is purchased and sold as a commodity. Labor demand is the number and types of jobs available in a country, whilst labour supply is the number and types of employees available. Therefore, the labour market of a country consists of a relationship between workers and work. The marketing intelligence of the labor market is important in that, one is able to relate the labor supply and labor demand of a country, and determine how the two aspects correlate with each other. Internal labor market refers to an organization’s internal supply of labour, whereby, employees are assigned specific roles in an organization. T he human resources in that particular firm concerns itself with the needs of employees such as training and development, retention, and job security among others. The external labor market represents the external supply and availability of labour. A country’s eternal supply of labor could be regional or internally, which may involve immigrants relocating into the host country. The main methods that will be used in this report are secondary and primary methods; however, secondary sources are most preferred, as they give accurate data, which cannot be found in primary sources. They are also less expensive compared to primary data that involves questionnaires and interviews. Secondary data already exists, for instance, Euromonitor and UK government statistics will offer genuine information regarding the labour market for several years. It also saves on time and assists in improving primary data by making it more specific; such sources include Euromonitor, keynote, national statistics, and the guardian and other academic sources, which will be applied to this report. According to FAO (N.d), secondary data availability contributes to the fast way of reaching to conclusions due to the quality of information these sources contain. In addition, secondary data is effective in solving problems by assisting the researcher to understand the actual problem. Reid and Bojanic (2006 p209) argue that the advantages of using secondary data sources include less cost, timeliness whereby an individual can access information very fast as opposed to waiting for weeks for the data to be collected and analyzed. In addition, frustration is reduced as the researcher can access the required information from appropriate sources. Primary data collection sources are advantageous, as data is collected straight from the population, for instance, with the use of questionnaires and interviews, hence providing original data and unbiased information. According to Goeldner and Ritchie (2009), primary data sources are original as they involve the actual collection of data; however, secondary data needs to be collected first before collecting primary data. Therefore, secondary data should be exhausted first before opting for primary data collection. According to Weinreich (2006), quantitative research techniques produce quantifiable reliable data especially when generalizing larger populations. Therefore, quantitative research provides a clear picture of the expectations of a research. This

Classroom Management Essay Example | Topics and Well Written Essays - 750 words

Classroom Management - Essay Example This essay explores the classroom management field that demonstrates the progression of ensuring that teaching and impartation of knowledge is undisturbed by undesired students who through disruptive behavior can cause disturbance while a class is in session. The researcher states that application of management in a classroom at times can prove to be intricate while trying to teach and experiencing such crisis can cause teachers to depart. The reason behind for the departure of teachers from the teaching field is caused by the attitudes and discipline of the negative students. Classroom management can be based on motivation, discipline and respect. Every academic year witnesses the adoption of various rules and systems but unfortunately by the middle of the term most often these rules are broken. The researcher suggests that in order to understand as to how to implement CM one needs to understand the mentality of every student. Various approaches of classroom management, such as the self discipline approach wherein the student can be trusted to investigate and change their behavioral pattern. The Desist approach that was also presented in the essay proclaims that the teacher has full responsibility in controlling the classroom. In conclusion, the researcher states that the most important aspect is to construct a positive relationship between the teacher and student thereby creating a constructive educational atmosphere and sums up that every student should develop a sense of trust, sovereignty and inventiveness.

The Prime of Miss Jean Brodie Essay Example for Free

The Prime of Miss Jean Brodie Essay The Prime of Miss Jean Brodie (1961), The French Lieutenant’s Woman (1969), and Moon Tiger (1987) all cover various aspects of desire such as the woman as a sexual object of desire, sexual development, repressed sexuality, and variations of sexuality. All three novels cover the woman’s early sexual experiences from childhood, the prevailing Madonna image of the woman accepted by society, sexual liberation, and their unconventional lifestyles. All set in the United Kingdom, the stories traces and discloses the life of the English woman. The novels are written in the post 1960s after the sexual revolution where many sexual taboos are lifted and most people feel an individualistic, unbridled freedom to express their desires. In the novel, The Prime of Miss Jean Brodie (1961), the title is self-explanatory in dealing with the issue of desire for the prime does not only signify having the best of health, but also enjoying one’s peak in sexuality or sexual activity. Miss Jean Brodie is a young, bachelorette teacher who is in quest of a partner so as she enters the realm of school, she has to confront desire in fellow teachers, Mr. Lloyd (a married man) and Mr. Lowther. Throughout the novel, Brodie manipulates both men with whom she has a triangular love affair. Her pupils â€Å"found in (Miss Brodie) the only sex-bestirred object in their daily environment† (Spark 50). She awes the Brodie set with her past love affairs and lays bare to their view her sex life. The principal and some of the teaching staff frown on her educational deviance and continue to probe into her sexual life in order to set up Brodie for a downfall. Desire is also manifests itself in the school girls, more commonly called â€Å"the Brodie set† as the book spans their adolescent periods (pun intended). Like a bildungsroman novel, Sparks traces the development of the six girls as they grow into women under the watchful eye of Miss Brodie. In the early chapters of the novel, Sparks observes that â€Å"the year to come was in many ways the most sexual year for the Brodie set† (Spark 45). At the start, Brodie begins educating them at age ten and maintains active interaction with them until they are eighteen, therefore Brodie and the Brodie set are both in their prime of life. Through her, they glean much information about sexual maturity, menstruation, and love. Because sex is taboo, they live in a restrained environment where sexuality is subtle if not altogether cloaked (to which Sandy’s monastic life and the scandalous nature of open sexuality point). A juxtaposition of opposites of desire also arises in The Prime of Miss Jean Brodie where innocence seduces and experience repulses. Sparks describes Rose Stanley as being â€Å"famous for sex† (Spark 57) because of her attractive appeal however she confesses that Brodie’s erotic affairs inspire no desire within her and remains indifferent to sex although she generates wide passion. On the other hand, after Sandy has sexual intercourse with Mr. Lloyd, she converts to the Roman Catholic church, choosing to lead the celibate life of a nun (Sparks 132). Her one-time sexual experience has made her turn away from living a promiscuous life as her teacher, Brodie does. In The French Lieutenant’s Woman (1969), is a novel replete with sexual desire and the sexualized, objectification of the woman. The beginning of the novel begins with male voyeurism as John Fowles â€Å"the telescopist† (Fowles 2) peers through his binoculars looking at an engaged couple, Charles and Ernestina, walking along the seaside and then turns his vision to Sarah, â€Å"stretching eyes west over the sea wind foul or fair, always stood she prospect-impressed† (Fowles 1), longing and disappointed in love, staring at the sea. These three individuals are all in their sexual prime but are frustrated romantically. The title of the novel, The French Lieutenant’s Woman, also relegates an inferior position to the woman, for her identity is hidden and thus irrelevant apart from her association with the French lieutenant. The overwhelming and provocative interest in Sarah arouses not only Fowles, but Charles. The rest of the village also looks at her as a specimen embodying strangeness, yet rare attraction. Although notorious rumors fly, which she does not attempt to contradict, she still incites much attraction and performs to perfection her role an object of desire. Repressed desire functions to provide insight into the society and its acceptance of different expressions of desire in individuals. Fowles tells us that Ernestina, the first mentioned fiancee of Charles, lives a sexually repressed life peculiar to the Victorian Age, the time frame of the novel. The telescopist observes her outfit which â€Å"was feminine by way of compensation for so much of her expected behavior† (Fowles 3). Charles soon gets bored with Ernestina for her plain, Victorian outlook cannot satisfy his sexual desires. More overt sexual desire adds to the enigma and resultant desirability. This observation proves true as Charles fascination for Ernestina transfers to Sarah, whom society has ostracized and abandoned. The epitome of sexual repression is Mrs. Poulteney who is reputed for her piety, charity, and tyranny. Living under the roof of Mrs. Poulteney imposes Sarah with restrictions on her whereabouts and by extension, associations. Poulteney thinks herself always in the right therefore, the unorthodox or bohemian would never sit well with her. As a consequence of differences in desire, Sarah and Mrs. Poulteney ultimately part ways as Sarah repeatedly flouts Mrs. Poulteney’s commands to not follow a particular path along the farmhouse. This statement is pregnant with meaning since Sarah still ventures out alone, which works against mainstream directives. Out of Mrs. Poulteney’s stifling control, Sarah could reveal her sexual desire more liberally. Marriage is no longer held as the only institution under which one fulfilled sexual desire. Charles and Sarah have sexual encounters, although unmarried. In the end, Sarah chooses not to marry however she continues to live an unconventional life with the Pre-Raphaelite artists which composed controversial art and literature. Charles still desires marriage as a means of consolidating the union between him and Sarah, however, Sarah rebuffs him, standing unique as a Victorian woman who does not aspire to marriage or family. Moon Tiger (1987), authored by Penelope Lively, chronicles the life of a bohemian woman who lives a sexually unbridled life, hinged on desire. Unlike most women, she never falls into the regular, mainstream category of female tradition. Accounts of incest, homosexuality, and promiscuity pepper this novel, making it non-conventional and iconoclastic. The novel traces the sexual development of her and her brother, Gordon â€Å"from the first stirrings of sexual desire† (Lively 25). They undergo many changes during which they carry on an early incestuous relationship. Their filial and sexual ties permeate their lives. Desire is the compass which leads the sibling duo to each other’s arms. Moon Tiger explores incestuous desire, parallels historical records of incest, and justifies it. While doing coverage in Cairo, Egypt during WW II, a tour guide mentions that â€Å"the wife of pharaoh was also the sister of pharaoh. He is loving his sister†¦incest said the Army Padre, quite acceptable in those days apparently† (Lively 74). The incestuous desire runs through the book once both siblings are alive for they both object to each other’s sexual partners and seem unfulfilled in their own relationships. Claudia confesses that desire for Gordon never extinguishes in her life and when he dies. When Claudia and Gordon reveal their incestuous relations to Sylvia and Mrs. Hampton, Claudia gets physically sick and is emotionally disturbed. Yet, the two prefer to classify their relationship as â€Å"classical, very high class. Look at the Greeks† (Lively 142). Since this book is written by a historian, several references to world history are not uncommon. The Greeks were a people who are said to found classic civilization and who favored incest and homosexuality. Claudia rejects wifehood and motherhood as a bohemian woman. Claudia does not have the inclination to marry and rejects the proposals of several men to marriage. She prefers to preserve her own freedom by remaining single. Jasper offers to marry Claudia after finding out that she bears their child. Although she gets impregnated a few times, she refuses marriage as a way out to escape reproof. She attests that â€Å"no one has ever married Claudia† (Lively 53) –which not only appears as a confession, but also a resolution. Gordon marries and settles down with Sylvia, and it can be argued that because she cannot marry her brother, she spurns marriage. In spite of her lack of will to get married, Claudia chooses to have â€Å"a sexual field day† (Lively 91). Working in a male dominated realm allows Claudia opportunity to explore more desire in herself and sparks the desire of other male soldiers in the camp. A highly desirable woman, she enjoys herself as the men make erotic advances to her especially since women are rare. She also denies her daughter, Lisa, a maternal relationship since her birth came about with a man for whom she does not love enough to marry. In sum, the novels all delve into woman’s desire and the ways in which she expresses her sexuality whether covertly or openly, conventionally or otherwise. Desire drives the women to pursue passionate relationships, where they either become fulfilled or hurt. Within framework of female desire is male sexuality which is sparked by the female presence. The texts deal with the recourses which women have to take in order to live contentedly with themselves, their sexual desires, and their partners and point the reader to wider considerations such as culture, belief systems, and the woman question. Works Cited: Fowles, John. The French Lieutenant’s Woman. Back Bay Books. , 1998 Lively, Penelope. Moon Tiger. Grove Atlantic Inc, New York, 1989. Sparks, Muriel. The Prime of Miss Jean Brodie. Harper Collins Publishers, United Kingdom, 1984.