Tuesday, December 31, 2019

European Immigration Policies And The Economic Crisis

European Immigration Policies and the Economic Crisis The Eurozone economic crisis began at the end of 2009. Essentially, the failure of the Euro caused huge problems in southern European countries (such as Spain, Portugal, Greece, and Italy). After the introduction of the Euro, these countries suddenly had the credit to borrow money like they hadn’t had before. They extravagantly increased spending with this borrowed money, which at first boosted the economy but eventually led to massive debts. Since every economy was intertwined, the rest of the Eurozone was effected as well. Because everyone had been borrowing and lending money to each other, a problem in one country could reverberate across the continent, creating a chain reaction of defaults. Germany agreed to bailout these smaller countries, effectively picking up the tab, as long as they agreed to very strict austerity measures. The contrasting expectations between a financially responsible country like Germany and one that doesn’t pay taxes such as Greece amplified tensions. Cultural differences such as this are surprisingly relevant to the economic crisis, as the disparities in immigration policy demonstrate. ITALY Italy, despite its long history as a collection of territories, is one of the newest European countries (founded in 1861). As such, it was never a big powerhouse for incoming immigration, even pre-recession. The government never had an established model for integration or pluralism, and was not evenShow MoreRelatedGlobalization And The European Union1685 Words   |  7 Pageswere made prevalent with the European Union. The main drawback within the European Union was its economy. If one country within the organization were to have economic crisis then that country would affect all other country members. This was made clear in 2010 with the economic crisis presented in Greece. Many other countries within the Union were left to bail out the Greece economy; which in turn, hurt their own economies. The situation with Greece and the other European Union members is still a currentRead MoreThe Future Of The European Union1451 Words   |  6 PagesTHE FUTURE OF THE EUROPEAN UNION After the end of World War II in 1945, there was a motivation to promote and create unity between France and Germany to avoid future conflicts between these two powerful countries. It was this incentive that helped to shape and establish the European Coal and Steel Community (ECSC) back in 1951 and was also the foundation of the current European Union (EU) as we know it. Only two decades after its creation, the EU faces a very critical and somber moment in historyRead MoreThe International Organization For Migration1716 Words   |  7 PagesThe migration crisis has reached a level where Europe must take a stand and must present a viable plan, expressing the future goals the European government believes will help solves this crisis. The International Organization for Migration said, between January and November 2015 more than 750,000 migrants are predicted to arrive in Europe from across the Mediterranean. As a union, Europe is showing the world that they are not a cohesive organizat ion prepared to face the future with respects to theRead MoreThis Political Study Will Define The Reemergence Of Nationalism1513 Words   |  7 PagesThis political study will define the reemergence of nationalism due to the failed economic policies of globalization in the Brexit EU Vote. The Brexit Vote defines the lack of economic security promised by the European Union, which had dominated much of Britain‘s global objectives in the world economy. However, the problematic banking issues of the European Central bank (ECB) and the bankruptcy of certain nation states, such as Ireland, Greece, and Portugal, have inspired a new nationalist movementRead MoreThe Political Parties Of The National Front1085 Words   |  5 PagesAs of 2015, the rise of right-wing populist ideology in E.U. Member states has shown that a rapidly increasing political movement is developing. Increased skepticism of the European Union’s integration of nation-states on a social, economic and politi cal level, along with the recent European Refugee Crisis, has contributed to the momentum right-wing populist parties are gaining across Western Europe. This paper will examine the political parties of the National Front in France, along with the PartyRead MoreThe Most Important National Security Threat1656 Words   |  7 Pagesthe migration crisis. Middle East’s conflicts, especially Syria’s civil war have created an influx of refuges outflow. Greece is the main point of entry in the Western â€Å"Balkan Route†; migrants’ access trek to desirable northern European â€Å"destination countries†. This humanitarian crisis raises serious security concerns regarding terrorism and nationalism but also economic concerns as Greece is facing an intense financial recession. Moreover, this migration crisis tests the European Union’s cohesionRead MoreNeoliberalism s World Order1554 Words   |  7 Pagesno other entity exemplifies this more so than the European Union. Since the end of the Second World War, there has been a continued effort to create a more interdependent and united Europe. Starting out as the European Economic Community in 1958, then revitalizing the entity as the European Union (EU) in 1993, the European world appeared to be a microcosm of what the rest of the globe was moving towards: unity and peace (The History of the European Union, n.d.). Thus, the center of the most atrociousRead MoreThe Party Support Uk Leave The Eu1391 Words   |  6 Pagespolitics, trade, immigration, and history. In the political dimension, UK and the EU countries have obvious difference on the issue of sovereignty (Biskup, 2003). Britain emphasis on the sovereignty of parliament is inalienable. But the EU countries claim that sovereignty not only focus on country completely, but also on the multiple levels, such as region, nation, or Europe. For the money and trade, the Eurozone’s terrible economic performance bring heavy blow to Britain because European leaders didRead MoreMacro Environment Analysis1011 Words   |  5 Pagesand legal, economic, socio-cultural, technological and competitive aspects. Those factors included the controllable and uncontrollable variables which could influence the whole market and the target consumers. Political Legal Australia government help established trade policies to protect local clothing industries from imported good through high tariffs, quotas, and subsidies. According to Jayanthakumaran (2001), the World Trade Organization (WTO) and the Asia Pacific Economic CooperationRead MoreThe European Union1738 Words   |  7 PagesThere is empirical evidence that the European Union did have legislative preparation for an emergency such as the current migrant crisis, however the question is; what is wrong with the European Union provisions? This chapter will chronological analyse the history of the provision for ‘migrants’ protection in Europe and where it has gone wrong in relation to the current ‘migrant’ crisis. It will also discuss the establishment of the European Union border protection Agency (FRONTEX) and its inability

Monday, December 23, 2019

Only Love and Then Oblivion - 1278 Words

Only love and then oblivion Love is a well known concept; we hear it almost every day and many people have experienced love. However, it could be in many forms; you can feel love for your mother, love for your friends, or even love for animals. It is a concept some people dedicate their lives to; their ultimate goal in life is to find love, mostly romantic love. Since love is such a big deal in so many people’s lives, you start to question whether love is just something humankind have created, or if it really is a basic human instinct. Ian McEwan thinks it’s an instinct. That is at least what he shows in his article â€Å"Only love and then oblivion† from 2001. In the article he reflects over the 9/11 incident, which makes it a†¦show more content†¦These types of love are, in the same order, love for humanity, family or friends (platonic love), love that endures, for yourself, love created by shared experiences or interests, playful or flirty love, and romantic or sexual love. The phonecalls described in McEwans article are romantic or platonic love, but what he describes afterwards, where everyone wanted to talk or reflect over the attack could be perceived as philia (love created by shared experiences) because that is what it was; the love we felt at that time was created by the attack. On the other hand, it could also be agape, love for humanity; it brought us all together, and we were more loving towards others, even strangers. Love can be many things, and you can feel different kinds of love. Love is also ruthless; it doesn’t care about anything. You hear many examples of people meeting at the wrong time or wrong place; for example if you were in a relationship but then fell in love with someone else. Or if you fell in love with someone moving away. There are many examples of love being ruthless, especially in entertainment. An example could be Annie Proulx’ novel â€Å"Brokeback Mountain†, which is about two homosexual men, Ennis Del Mar and Jack Twist, who fall in love. But because the novel is set in Texas, USA, the romantic love they feel is ruthless. Religion is very common there, which brings a lot ofShow MoreRelatedSummary OfThe Guild By Sharon Olds1126 Words   |  5 Pagesgrandfather about drinking until oneself is dull and unsensitive to the world’s torture. A guild is a group of people that share the same interest and Olds uses this to create the comparison of her father learning from her grandfather about drinking into oblivion. Th e passion her father had to emulate everything his dad did and the forging of him giving up his boyish life style and his transitioning into becoming a hardened man through digging the deep hole that liquor provides the shovel for. From theRead MoreShort Story1362 Words   |  6 Pages Saà ¯x glared at Axel and in return, Axel smirked at him. What? Oh I get...youre jealous, arent you? Dont insult me. Saà ¯x snapped back, he then brought his attention to Xion. Your mission today is with Axel. You are both to go to Castle Oblivion and retrieve the missing lab reports from our fourth and fallen member, Vexen. Boss isnt giving up on finding those reports anytime soon, huh? Axel asked. Lord Xemnas believes hell be able to replicate the results of Vexens last experimentRead MoreOur Stars Is More Than A Love Story867 Words   |  4 Pagesignores it. The Fault in Our Stars is more than a love story, it explores topics that a lot young adult fiction shies away from. It delves in the life of two teens, Hazel Grace Lancaster and Augustus Waters, facing their own mortality, while exploring their first love and appreciating the love their family offers. There are many types of love: romantic love, friendship, and family. Love is part of our everyday life, not romance, but the pure love we get from family. Family is bond made at birth;Read MoreA Peer Group And Emotions From Konopka s Study1183 Words   |  5 Pagesfiction novel, which was love. The emotions she felt for Augustus helped make the book what it is. Her feelings at the beginning started off innocent but by the time they returned from Amsterdam the feelings were real for both her and Augustus. â€Å"I am, he said. He was staring at me, and I could see the corners of his eyes crinkling. â€Å"I’m in love with you, and I’m not in the business of denying myself the simple pleasure of saying true things. I’m in love with you, and I know that love is just a shout intoRead MoreReligious Allusion - Job And Pi1602 Words   |  7 Pagesposition in which I could rest. Time and sunshine healed a sore, but the process was slow, and new boils appeared if I didn t stay dry. (192) The boils allude to the story of Job in the Bible. Both Pi and Job developed boils, but that was not their only similarity. Job’s story and Pi’s story draw many parallels. Both Job and Pi were men with a firm belief in God who suffered a period of suffering and tragic loss. Job’s suffering began when God allowed Satan to test Job. First, Satan caused Job’s bodyRead MoreForgetfulness Billy Collins Analysis1411 Words   |  6 Pagesmythological river.† â€Å"Forgetfulness† though consistently crafty, leaves the reader on a grave note reminding the reader that forgetting is a natural part of life that everyone must go through. As humans age, memories drift â€Å"out of a love poem,† and can leave not only one’s conscious mind but can leave an empty feeling in oneself. Collins uses images that one would not expect to use when discussing the degradation of memory. He also uses images that are seemingly unconnected to show the process ofRead MoreHenrietta Grace And Augustus Waters1257 Words   |  6 Pagesrealities of life and they weren’t afraid of what was to come. Of course they both had fears like any other person, but not many. The biggest one for them both was the fear of oblivion. Aside from it all, the two endured an emotional journey, but it didn’t matter to them because they were in the throes of love. Their love story is like no other as clichà © as it might sound. Hazel Grace had met Augustus Waters at a Support Group for cancer patients. Hazel had thyroid cancer that had spread toRead MoreEmily Dickinson s Life And Work962 Words   |  4 PagesEmily Dickinson is considered to be one of the best and most original American poets. Her writing style and views on themes such as religion, love, and death are what make her stand out from other poets of the nineteenth century. Dickinson was a recluse; she spent most of her time within the confines of her home and avoided most other people (Brand). Because of this hermit-like behavior it is questioned where the inspiration for her poems came from. Although Dickinson had an uneventful social lifeRead MoreWithout Sin Essay545 Words   |  3 Pages The silence was deafening. The darkness was blinding. Time didnt exist here, there was only oblivion. Simple oblivion, enough to drive anyone crazy. Yet, I remained sane. I craved to know the meaning of sane, but I knew the meaning wouldnt make any sense to me. Nothing made sense here. I was alone, floating peacefully, completely free of sin. My innocence struck me as abnormal, but I had no idea then, that my innocence would soon be shattered like glass hit by a chiselRead MoreEssay On The Life Of Family1246 Words   |  5 PagesUpon Julian’s arrival, David started to feel his life really getting back on track. It had been only four months since they’d seen each other, but in many respects it felt like years. Since David didn’t feel like the same guy who had left Canada in June, it seemed that more time had passed than actually had, but neither their friendship nor their music had lost a beat. Julian had cut his shoulder length hair to mid-neck, changed his dreads to twists, and had been working out, so his body was more

Sunday, December 15, 2019

Practical Demonkeeping Chapter 24-25 Free Essays

string(57) " the fog of flour, smoke, and soot that hung in the air\." 24 AUGUSTUS BRINE Augustus Brine was sitting in his pickup, parked a block away from Jenny’s house. In the morning twilight he could just make out the outline of Jenny’s Toyota and an old Chevy parked in front. The king of the Djinn sat in the passenger seat next to Brine, his rheumy blue eyes just clearing the dashboard. We will write a custom essay sample on Practical Demonkeeping Chapter 24-25 or any similar topic only for you Order Now Brine was sipping from a cup of his special secret roast coffee. The thermos was empty and he was savoring the last full cup. The last cup, perhaps, that he would ever drink. He tried to call up a Zen calm, but it was not forthcoming and he berated himself; trying to think about it pushed it farther from his grasp. â€Å"Like trying to bite the teeth,† the Zen proverb went. â€Å"There is not only nothing to grasp, but nothing with which to grasp it.† The closest he was going to get to no-mind was to go home and destroy a few million brain cells with a few bottles of wine – not an option. â€Å"You are troubled, Augustus Brine.† The Djinn had been silent for over an hour. At the sound of his voice Brine was startled and almost spilled his coffee. â€Å"It’s the car,† Brine said. â€Å"What if the demon is in the car? There’s no way to know.† â€Å"I will go look.† â€Å"Look? You said he was invisible.† â€Å"I will get in the car and feel around. I will sense him if he is that close.† â€Å"And if he’s there?† â€Å"I will come back and tell you. He cannot harm me.† â€Å"No.† Brine stroked his beard. â€Å"I don’t want them to know we’re here until the last minute. I’ll risk it.† â€Å"I hope you can move fast, Augustus Brine. If Catch sees you, he will be on you in an instant.† â€Å"I can move,† Brine said with a confidence that he did not feel. He felt like a fat, old man – tired and a little wired from too much coffee and not enough sleep. â€Å"The woman!† The Djinn poked Brine with a bony finger. Jenny was coming out of the house in her waitress uniform. She made her way down the front steps and across the shallow front yard to her Toyota. â€Å"At least she’s still alive.† Brine was preparing to move. With Jenny out of the house one of their problems was solved, but there would be little time to act. The demonkeeper could come out at any moment. If their trap was not set, all would be lost. The Toyota turned over twice and died. A cloud of blue smoke coughed out of the exhaust pipe. The engine cranked, caught again, sputtered, and died; blue smoke. â€Å"If she goes back to the house, we have to stop her,† Brine said. â€Å"You will give yourself away. The trap will not work.† â€Å"I can’t let her go back in that house.† â€Å"She is only one woman, Augustus Brine. The demon Catch will kill thousands if he is not stopped.† â€Å"She’s a friend of mine.† The Toyota cranked again weakly, whining like an injured animal, then fired up. Jenny revved the engine and pulled away leaving a trail of oily smoke. â€Å"That’s it,† Brine said. â€Å"Let’s go.† Brine started the truck, pulled forward, and stopped. â€Å"Turn off the engine,† the Djinn said. â€Å"You’re out of your mind. We leave it running.† â€Å"How will you hear the demon if he comes before you are ready?† Begrudgingly, Brine turned off the key. â€Å"Go!† he said. Brine and the Djinn jumped out of the truck and ran around to the bed. Brine dropped the tailgate. There were twenty ten-pound bags of flour, each with a wire sticking out of the top. Brine grabbed a bag in each hand, ran to the middle of the yard, paying out wire behind him as he went. The Djinn wrestled one bag out of the truck and carried it like a babe in his arms to the far corner of the yard. With each trip to the truck Brine could feel panic growing inside him. The demon could be anywhere. Behind him the Djinn stepped on a twig and Brine swung around clutching his chest. â€Å"It is only me,† the Djinn said. â€Å"If the demon is here, he will come after me first. You may have time to escape.† â€Å"Just get these unloaded,† Brine said. Ninety seconds after they had started, the front yard was dotted with flour bags, and a spider web of wires led back to the truck. Brine hoisted the Djinn into the bed of the truck and handed him two lead wires. The Djinn took the wires and crouched over a car battery that Brine had secured to the bed of the truck with duct tape. â€Å"Count ten, then touch the wires to the battery,† Brine said. â€Å"After they go off, start the truck.† Brine turned and ran across the yard to the front steps. The small porch was too close to the ground for Brine to crawl under, so he crouched beside it, covering his face with his arms, counting to himself, â€Å"seven, eight, nine, ten.† Brine braced himself for the explosion. The seal bombs were not powerful enough to cause injury when detonated one at a time, but twenty at once might produce a considerable shock wave. â€Å"Eleven, twelve, thirteen, fourteen, shit!† Brine stood up and tried to see into the bed of the truck. â€Å"The wires, Gian Hen Gian!† â€Å"It is done!† Came the answer. Before Brine could say anything else the explosions began – not a single blast, but a series of blasts like a huge string of firecrackers. For a moment the world turned white with flour. Then storms of flame swirled around the front of the house and mushroomed into the sky as the airborne flour was ignited by successive explosions. The lower branches of the pines were seared and pine needles crackled as they burned. At the sight of the fire storms, Brine dove to the ground and covered his head. When the explosion subsided, he stood and tried to see through the fog of flour, smoke, and soot that hung in the air. You read "Practical Demonkeeping Chapter 24-25" in category "Essay examples" Behind him he heard the front door open. He turned and reached up into the doorway, felt his hand close around the front of a man’s shirt, and yanked back, hoping he was not pulling a demon down off the steps. â€Å"Catch!† the man screamed. â€Å"Catch!† Unable to see though the gritty air, Brine punched blindly at the squirming man. His meaty fist connected with something hard and the man went limp in his arms. Brine heard the truck start. He dragged the unconscious man across the yard toward the sound of the running engine. In the distance a siren began to wail. He bumped into the truck before he saw it. He opened the door and threw the man onto the front seat, knocking Gian Hen Gian against the opposite door. Brine jumped into the truck, put it into gear, and sped out of the doughy conflagration into the light of morning. â€Å"You did not tell me there would be fire,† the Djinn said. â€Å"I didn’t know.† Brine coughed and wiped flour out of his eyes. â€Å"I thought all the charges would go off at once. I forgot that the fuses would burn at different rates. I didn’t know that flour would catch fire – it was just supposed to cover everything so we could see the demon coming.† â€Å"The demon Catch was not there.† Brine was on the verge of losing control. Covered in flour and soot, he looked like an enraged abominable snowman. â€Å"How do you know that? If we didn’t have the cover of the flour, I might be dead now. You didn’t know where he was before. How can you know he wasn’t there? Huh? How do you know?† â€Å"The demonkeeper has lost control of Catch. Otherwise you would not have been able to harm him.† â€Å"Why didn’t you tell me that before? Why don’t you tell me these things in advance?† â€Å"I forgot.† â€Å"I might have been killed.† â€Å"To die in the service of the great Gian Hen Gian – what an honor. I envy you, Augustus Brine.† The Djinn removed his stocking cap, shook off the flour, and held it to his chest in salute. His bald head was the only part of him that was not covered in flour. Augustus Brine began to laugh. â€Å"What is funny?† The Djinn asked. â€Å"You look like a worn brown crayon.† Brine was snorting with laughter. â€Å"King of the Djinn. Give me a break.† â€Å"What’s so funny?† Travis said, groggily. Keeping his left hand on the wheel, Augustus Brine snapped out his right fist and coldcocked the demonkeeper. 25 AMANDA Amanda Elliot told her daughter that she wanted to leave early to beat the Monterey traffic, but the truth was that she didn’t sleep well away from home. The idea of spending another morning in Estelle’s guest room trying to be quiet while waiting for the house to awaken was more than she could stand. She was up at five, dressed and on the road before five-thirty. Estelle stood in the driveway in her nightgown waving as her mother drove away. Over the last few years Amanda’s visits had been tearful and miserable. Estelle could not resist pointing out that each moment she spent with her mother might be the last. Amanda responded, at first, by comforting her daughter and assuring her that she would be around for many more years to come. But as time passed, Estelle refused to let the subject lie, and Amanda answered her concern with pointed comparisons between her own energy level and that of Estelle’s layabout husband, Herb. â€Å"If it weren’t for his finger moving on the remote control you’d never know he was alive at all.† As much as Amanda was irritated by Effrom marauding around the house like an old tomcat, she needed only to think of Herb, permanently affixed to Estelle’s couch, to put her own husband in a favorable light. Compared to Herb, Effrom was Errol Flynn and Douglas Fairbanks rolled into one: a connubial hero. Amanda missed him. She drove five miles per hour over the speed limit, changing lanes aggressively, and checking her mirrors for highway patrol cars. She was an old woman, but she refused to drive like one. She made the hundred miles to Pine Cove in just over an hour and a half. Effrom would be in his workshop now, working on his wood carvings and smoking cigarettes. She wasn’t supposed to know about the cigarettes any more than she was supposed to know that Effrom spent every morning watching the women’s exercise show. Men have to have their secret lives and forbidden pleasures, real or perceived. Cookies snitched from the jar are always sweeter than those served on a plate, and nothing evokes the prurient like puritanism. Amanda played her role for Effrom, staying on his tail, keeping him alert to the possibility of discovery, but never quite catching him in the act. Today she would pull in the driveway and rev the engine, take a long time getting into the house to make sure that Effrom heard her coming so he could take a shot of breath spray to cover the smell of tobacco on his breath. Didn’t it occur to the old fart that she was the one who bought the breath spray and brought it home with the groceries each week? Silly old man. When Amanda entered the house, she noticed an acrid, burnt smell in the air. She had never smelled cordite, so she assumed that Effrom had been cooking. She went to the kitchen expecting to see the ruined remains of one of her frying pans, but the kitchen, except for a few cracker crumbs on the counter, was clean. Maybe the smell was coming from the workshop. Amanda usually avoided going near Effrom’s workshop when he was working, mainly to avoid the sound of the high-speed drills he used for carving, which reminded her of the unpleasantness of the dentist’s office. Today there was no sound coming from the workshop. She knocked on the door, gently, so as not to startle him. â€Å"Effrom, I’m home.† He had to be able to hear her. A chill ran through her. She had imagined finding Effrom cold and stiff a thousand times, but always she was able to push the thought out of her mind. â€Å"Effrom, open this door!† She had never entered the workshop. Except for a few toys that Effrom dragged out at Christmastime to donate to local charities, Amanda never even saw any of the carvings he produced. The workshop was Effrom’s sacred domain. Amanda paused, her hand on the doorknob. Maybe she should call someone. Maybe she should call her granddaughter, Jennifer, and have her come over. If Effrom were dead she didn’t want to face it alone. But what if he was just hurt, lying there on the floor waiting for help. She opened the door. Effrom was not there. She breathed a sigh of relief, then her anxiety returned. Where was he? The workshop’s shelves were filled with carved wooden figures, some only a few inches high, some several feet long. Every one of them was a figure of a nude woman. Hundreds of nude women. She studied each figure, fascinated with this new aspect of her husband’s secret life. The figures were running, reclining, crouching, and dancing. Except for a few figures on the workbench that were still in the rough stage, each of the carvings was polished and oiled and incredibly detailed. And they all had something in common: they were studies of Amanda. Most were of her when she was younger, but they were unmistakably her. Amanda standing, Amanda reclining, Amanda dancing, as if Effrom were trying to preserve her. She felt a scream rising in her chest and tears filling her eyes. She turned away from the carvings and left the workshop. â€Å"Effrom! Where are you, you old fart?† She went from room to room, looking in every corner and closet; no Effrom. Effrom didn’t go for walks. And even if he’d had a car, he didn’t drive anymore. If he had gone somewhere with a friend, he would have left a note. Besides, all his friends were dead: the Pine Cove Poker Club had lost its members, one by one, until solitaire was the only game in town. She went to the kitchen and stood by the phone. Call who? The police? The hospital? What would they say when she told them she had been home almost five minutes and couldn’t find her husband? They would tell her to wait. They wouldn’t understand that Effrom had to be here. He couldn’t be anywhere else. She would call her granddaughter. Jenny would know what to do. She would understand. Amanda took a deep breath and dialed the number. A machine answered the phone. She stood there waiting for the beep. When it came, she tried to keep her voice controlled, â€Å"Jenny, honey, this is Grandma, call me. I can’t find your grandfather.† Then she hung up and began sobbing. The phone rang and Amanda jumped back. She picked it up before the second ring. â€Å"Hello?† â€Å"Oh, good, you’re home.† It was a woman’s voice. â€Å"Mrs. Elliot, you’ve probably seen the bullet hole in your bedroom door. Don’t be frightened. If you listen carefully and follow my instructions, everything will be fine.† How to cite Practical Demonkeeping Chapter 24-25, Essay examples

Saturday, December 7, 2019

Exclusion Clauses and Unfair Contract Terms

Question: Discuss about the Exclusion Clauses and Unfair Contract Terms. Answer: Introduction: Contract law is a very basic, but very detailed law and it has various different aspects, which have to be adhered properly. This legal essay contains a discussion upon the various elements of a contract, in addition to the manner of establishing a breach of contract. The discussion would also include the manner in which each element of contract impacts the formation of contract, exclusion clause, as well as, the postal rules. Hence, the case study would be analyzed with the help of contract law and its various aspects. Through the analysis of case study, with the applicable laws, it would be established that Joseph and Clara cannot initiate any legal actions against Marshall as there is no counter-claim. Further, it would also highlight the success of legal action against Joseph and Clara by Marshall for the breach of contract. However, Edward would not be successful in raising this claim. The contract can be stated as an exchange of promise, which takes place between two more parties, for a consideration. There are two manners in which a contract can be formed, i.e., the contract where the contractual terms are discussed in an oral manner and is known as an oral contract; and the other one is the written contract, in which the contractual terms are discussed and after discussion, put on a document, which is then signed by the contracting parties. For the creation of a valid contract, it needs to have the six essential elements, offer and acceptance, consideration, intention to form legal relations, genuine consent, contractual capacity and legality of objects. The first essential element in a contract is to have an offer. It is crucial to make a differentiation between an offer and an invitation to treat. An invitation to treat represents the interest and the willingness to enter into the stage of negotiations. The advertisements which are covered in magazines or the newspapers are taken to be an invitation to treat, instead of an offer. A prime example of this is the case of Partridge v Crittenden, where the advertisement in magazine was held to be the invitation to treat. This is the reason why the courts rule that in case of an invitation to treat, the individuals are not required to complete the sale. However, where a unilateral offer is published in a newspaper, in such a case, the advertisement would be treated as an of fer, and the prime example of this is Carlill v Carbolic Smoke Ball Company. Joseph had given the advertisement in the local newspaper, which was not a unilateral offer, as it opened the channels for further negotiations and invited the prices from the interested parties. Being an invitation to treat, Clara and Joseph were not obligated to accept the replies of either Edward or Marshall as per Partridge v Crittenden. The reply to this invitation dating February 8th 2017 by Marshall and the one dating February 12th 2017 by Edward would be deemed as the offer. As these replies were the answer to the negotiations initiated through the invitation to treat, they would be deemed as offer. The second element of contract relates to the acceptance to the offer. Whenever an offer is made by one party, it has to be accepted by the party to which the offer was made, as it was made. If the offer is modified or amended in even the minutest of ways, it is deemed as a counter offer, and a prime example of this is the case of Hyde v. Wrench. The acceptance can also be communicated through post. When an acceptance is posted, the date of posting the letter of acceptance is taken as the date of acceptance by the party. The reason behind this is that the postal office is the implied agent of the posting party, and so, the receipt of such office is deemed receipt by the other party. It remains irrelevant whether or not such communication is received by the offering party. The contract was held to be enforceable due to the date of postage being the date of acceptance, in the case of Adams v. Lindsell. The rules of postage apply to the electronic communication as these are considered to be the digital equivalent of the postal system. Hence, when an email is sent, containing the offer or acceptance of the contracting parties, the date of sending such an email is taken to be the date of offer or acceptance. The key objective behind this concept is the meeting of minds of the contracting parties. For the case study given here, the offer was sent through an email. So, applying the postal rules, the date of offer would be the email date. For the acceptance part, the acceptance was made by Marshall to Joseph on February 13th 2017, through, Edward never accepted the offer. Another element of contract relates to the consideration, without which, a contract is invalid. In both the offers, by Marshall and Edward, there was a consideration of $40 per square meter and $38 per square meter, respectively. The terms of the contract were clear. There was legal capacity, and genuine consent as there is nothing to show others. And the terms of the contract were also legal. And so, due to presence of the elements of contract, a contract was formulated between Clara-Joseph and Marshall. Though, due to lack of acceptance to the offer of Edward, a contract was not formed. Often a term is included in the contract, which has the power of restricting and limiting the rights or liabilities of the parties and is known as the exclusion clause. An exclusion clause can only be valid when it is included properly in the contract and is not contradictory to the law or the applicability of such law. The exclusion clause needs to be inserted at the time when the contract is formed and if it is are incorporated later on, it becomes invalid. In L'Estrange v Graucob it was held that it is not necessary for the plaintiff to have read the exclusion clause. Though, in case the exclusion clause is stated elsewhere, it becomes significant that it is properly brought to the attention of the party against which it is included. Since the exclusion clause was contained at the back of the ticket, in Chapelton v Barry UDC and the same was not brought to the attention of the party, it was deemed as invalid. In the case study, the exclusion clause was not contained in the contract and instead, was contained in the standard form by Marshall. And so, as per Chapelton v Barry UDC, this exclusion clause was invalid. This was also invalid as Marshall failed to highlight the same in front of Joseph. A breach of contract occurs in such situations where the party to the contract falls short in fulfilling one or more terms of the contract. In case of breach of contract, the aggrieved party can apply remedies in form of monetary, as well as, equitable damages. In this case study, Joseph stopped Marshall from carrying on his work. Even though the work was not performed by Marshall, but it was due to the actions of Joseph, hence, Joseph breached the contract. For this breach, Marshall can claim monetary compensation. But, as a contract was not formed between Edward and Joseph, a breach cannot be established. After the incident with Marshall, Joseph responded to the offer of Edward, by changing the terms, where by the work had to be initiated upon the attainment of structural soundness of the floor. So, as per Hyde v. Wrench, this is a counter offer. This contract was formed later on, and as the work has not yet been stated by Edward, the contract has not concluded and a breach is not present. The point regarding the counter-claim could have been made by Joseph and Clara, only when Marshall had failed to discharge his part of the contract. Even though they could raise the point, that due to the lack of proper work by Marshall, the flooding was caused, but Marshall never refused to continue or correct the work. He was deliberately stopped from doing his work by Joseph and Clara and so, there is no counter claim which can be made in this case. Through the analysis of the case study, with the applicable laws and the leading cases, the contract was established. A contract was formed between Marshall and Joseph-Clara, which was breached by the latter and had to compensate the former for such breach. But, for the lack of work done in proper manner by Marshall, he would have had to counter-compensate Joseph-Clara, only if he had refused to correct his work. Since no such thing was done, a counter-claim cannot be made by Joseph and Clara. Though, the exclusion clause, was invalid, and would not be of any assistance to Marshall. Though, there is no legal liability arising for Joseph-Clara due to their contract with Edward. Bibliography Abbott K, Pendlebury N and Wardman K, Business law (Thompson Learning, 8th ed, 2007) Carter JW, Elisabeth Peden and Greg Tolhurst, Contract Law in Australia (LexisNexis Butterworths, 5th ed, 2007) Latimer P, Australian Business Law 2012 (CCH Australia Limited, 31st ed, 2012) Lawson RG, Exclusion Clauses and Unfair Contract Terms (Sweet Maxwell, 10th ed, 2011) Macdonald E and Atkins R, Koffman Macdonald's Law of Contract (Oxford University Press, 8th ed, 2014) Adams v. Lindsell (1818) 106 ER 250 Carlill v Carbolic Smoke Ball Company [1893] 1 QB 256 Chapelton v Barry UDC (1940) 1 KB 532 Hyde v. Wrench (1840) 3 Beav 334 L'Estrange v Graucob [1934] 2 KB 394 Partridge v Crittenden [1968] 1 WLR 1204