Divergent Boundaries

What is Forensic Science - Free Essay Example

Sample details Pages: 4 Words: 1078 Downloads: 5 Date added: 2019/10/30 Category Science Essay Level High school Tags: Forensic Science Essay Did you like this example? Forensic science is the application of science to criminal and civil laws, mainly, on the criminal side, during criminal investigation, as governed by the legal standards of admissible evidence and criminal procedure. (Investigator, 2018). This can help specialists to better understand where the source of evidence like drugs and trace materials, how blood splatter occurs during the time of a crime and help to find the identity of an unknown suspect. Don’t waste time! Our writers will create an original "What is Forensic Science?" essay for you Create order Undeniably, with forensic science there are many kinds of fields that use forensic science for many kinds of jobs, but they are all tied together with getting the same end results, interpret the evidence that is collected during investigations. A few of the forensic science jobs include criminalist, this person will look at the physical evidence from crime scenes, the offenders, and victims. Forensic toxicologist who analyze poisons and other toxic substances in a persons body. Forensic pathologist who examine dead bodies and forensic physical anthropologists who examine skeletal remains. Fingerprint examiner that are also known as forensic print analysis that are responsible for finding hidden fingerprints, preserving them, studying and evaluating them. As I already stated, the purpose for all these jobs is to collect, preserve the evidence, and analyze the evidence from crime scenes. There are many more jobs within this field, but these are my personal favorites because they are th e most intriguing and peculiar. Forensic scientists help law enforcement officers, lawyers, judges, and juries in delivering justice by providing results and conclusion; hence they work in forensic science laboratories associated with law enforcement or other governmental agencies that have ethical codes developed specifically for their organizations. (Health, 2017). Though you can solve cases without forensic science, but it is more difficult to solve them without it. Today, we rely on technology, that if we lost that privilege, most people would not survive for very long. This is the same with forensic science, sometimes during cases its the forensic science that solves the case and other times its getting new eyes looking at the evidence or re-examining the facts of the case. There are many kinds of equipment today that help experts to solve crimes, such as a Laser Ablation Inductively Coupled Plasma Mass Spectrometry or is also known as (LA-ICP-MS). This device is used when broken glass is involved in a crime, putting together even tiny pieces can be key to finding important clues like the direction of bullets, the force of impact or the type of weapon used in a crime. Another gadget that is used if called an alternative light photography, this is for a forensic nurse, being able to quickly ascertain how much physical damage a patient has suffered can be the difference between life and death. A camera such as the Omni chrome uses blue light and orange filters to clearly show bruising below the skins surface. Third, the DNA Sequencer, this device is used to analyze old bones or teeth to determine the specific ordering of a persons DNA nucleobases and generate a read or a unique DNA pattern that can help identify that person as a possible suspect or criminal. Lastly, a Magnetic Fingerprinting and Automated Fingerprint Identification or AFIS. Crime scene investigators, forensic scientists and police officers can quickly and easily compare a fingerprint at a crime scene with an extensive virt ual database. In addition, the incorporation of magnetic fingerprinting dust and no-touch wanding allows investigators to get a perfect impression of fingerprints at a crime scene without contamination. (Becker, 2013-2018). You cannot always rely on technology and gadgets because at times, may be wrong. Today, modern DNA testing is considered the most reliable of all the forensic tools because it is 99.9% accurate. Within DNA testing, there is DNA fingerprinting that is also known as the most reliable took of forensic science. Alec Jeffreys, a British geneticist in September of 1984 uncovered DNA fingerprinting. It had to undergo extensive experimentation and validation before it was recognized as a reliable tool. It has been successfully used as a tool to point out the perpetrator of a crime, to identify the lineage of the crime and exempt the people who are wrongfully convicted. (Forensics, 2012). Fingerprint analysis assumes that all fingerprints are unique and different, but peer researchers have not adequately critiqued it. With this there are different types of ways to identify fingerprints, examples include latent fingerprints, visible fingerprints, plastic fingerprints, dusting latent fingerprints, and lifting prints, all of which are done at crime scenes. Fingerprints can b e found on any hard, smooth, nonporous surface can contain latent fingerprints. You do not powder a print unless it is necessary, and do not powder a visible print until after you photograph it. Fingerprints are positive evidence of a persons identity. They cannot, however, indicate a persons age, sex or race. Below is an example of a cold case that was solved from using forensic science in 1995 in Utah. Cold Case Murder of Krystal Beslanowitch, 1995: Solved through forensic technologies. A determined cop who was the original investigator into the murder of Krystal Beslanowitch 18 years ago in Utah helped bring resolution to this case. As The Huffington Post reports, Sheriff Todd Bonner just couldnt let the case go. She was 17 years old when she died from a crushing blow to the skull. A prostitute, her body was found in 1995 along the Provo River. Leads at the time only led to dead-ends, but investigators finally got somewhere in 2013, when new forensic technologies, taking a full day, were used to extract touch DNA from the granite rock that crushed her skull. In fact, a tool called a forensic vacuum allowed for the DNA extraction. The DNA matched to a Joseph Michael Simpson, who had been a resort bus driver in the area at the time. Simpson, now 46, was arrested in Florida in September of 2013. (Colleges, 2018). Forensic scientists help law enforcement officers, lawyers, judges, and juries in delivering justice by providing conclusions. The science behind it is fascinating and if it had not been discovered in 1984 by Alec Jeffrey, it would be more difficult to solve crimes today. With how many cold cases are out there these days, hopefully experts and scientists will be able to solve more of them like the case of Krystal Beslanowitch. We should be using this technology to catch those who take innocent lives. To bring peace to those families who have gone without their loved ones. It is not fair to them, they and the ones they are missing deserve justice.

Punishments in Primitive Soceity - 852 Words

PUNISHMENTS IN PRIMITIVE SOCIETIES Introduction: The most usual criteria for punishment in primitive societies is the principle of Eye for an eye. According to this principle if a person has taken the eye of another the chief orders that the eye of the criminal should be taken.Blood for blood is the ancient principle of retribution in primitive societies. Thus punishment is based on retributive principle. This is so since most of the tribal people believe that crime is a violation of divine system or rules. Hence it is believed that the criminal is evil and should be given suitable punishment so that he may become free from evil.The evil souls must be punished. Besides retribution, another basis for punishment is compensation of†¦show more content†¦It is generally believed that, if the offender tells a lie, he falls a prey to the supernatural anger for taking a false oath. (b) Ordeal. Sometimes the persons accused are put to torture in primitive societies before the declaration of judgment in criminal cases. If the accused persons escape without injury, they are acquitted as they are supposed to be not guilty. Kinds of Punishment 1. Different types of punishment are prevalent in different primitive societies. While in some societies compensation and social extermination are the more usual punishments, in other societies different types of physical injuries are inflicted as punishment. Similarly, in some societies fines are imposed and community feast is demanded to wipe off the crime. 2. Capital sentence is generally given in a case of homicide; but sometimes the death penalty is given to one of his family members or to one of his kins instead of inflicting it up to the person who has actually committed homicide. 3. They-believe that it is not the individual who is regarded to have been wronged but the whole kin-group to which he belonged and his kin-group, therefore avenges itself on the kin- group of the accused and not necessarily on the accused himself. 4. In some other societies the criminal is publicly insulted by blackening his face and carrying him through the entire village seated on a donkey. In America, in a tribe an unfaithful wife is given the punishment of

Symptoms And Treatment Of Osteoporosis - 1192 Words

Physiology There are several conditions that contribute to osteoporosis other than the aging process that causes elders to lose bone density, to understand the correlation of the condition one should have a basic understanding of what osteoporosis is. As stated, osteoporosis is called a silent disease with an underlying origin that is undetected or misdiagnosed since the symptoms are so nondescript until the damage is done. This condition is characterized by decrease bone mass density (BMD), the principal progression is bone fragility with undetermined body fractures, and bone mineral density decrease with aging; defines osteoporosis which yields brittle bones found in both genders. Although, women experience this process more†¦show more content†¦Ms. J stated she had heartburn and used Mylanta for treatment. As suggested, Mylanta is a proton pump inhibitor (PPI) used for gastric reflux with an aluminum base that lower stomach acid levels, blocking the absorption of calciu m and phosphates which decrease bone density. The researcher has established a link between long term use of (PPI) and osteoporosis, which is a major cause of hip fractures. (Kruse, 2011) When reviewing the medical records it was noted that the client received chemo along with radiation for breast cancer and glucocorticoid injection for chronic arthritis three times in the last 10 years. For instance, there is a link between women who were treated for breast cancer with chemotherapy, the reason given was the loss of ovarian function that drops the estrogen levels that had a protective effect on the bones. Chemotherapy also has a direct harmful effect on the bones, and breast cancer stimulates osteoclasts cell production, which role is to break down bone tissue. (NIH, n.d.) â€Å"Bone loss is one of the most important side effects of glucocorticoid use, even in low doses. The main effect of glucocorticoids on bone is inhibition of osteoblast function, leading to a decrease in bone formation and a glucocorticoid-induced osteoporosis† (De Niji, 2015) Ms. J fractured her arm two years ago from a fall. One of the major causes of bone and hip fractures in senior adults are

Kids Are A Victim Of Bullying - 1004 Words

1 in 7 Students in Grades K-12 is either a bully or a victim of bullying. Some parents are worried about changes, needs, and risk factors for their kids ages ten to fourteen. Kids are going to go through emotional and physical changes, like puberty. Some young teens are even at risk for depression and behavioral issues, including breaking the law. Other young teens may have certain needs. Well, all young teens have needs that need to be met! Young teens are going through such dramatic changes; it’s normal for them to swing from being happy to being sad or from feeling smart to feeling dumb. They may worry about personal traits that are vital to them, but hardly noticeable to others. With a growing ability to see the consequences of different actions, tweens and young teens are increasingly considering who they are and who they may become. They are more able to think like adults, but they don’t have the experience and judgment needed to act like adults. It’s important to help them recognize that. Your reassurance and acceptance are especially important at this time, as is your tween or teen’s growth in school and community activities. Strong support will help them develop the confidence they need to make healthy choices. These may be some physical and emotional changes you should look out for. This is the age when kids need to start using deodorant and learning more personal hygiene. Some go overboard and spend hours in the bathroom. Others resist, refusing to bathe. PubertyShow MoreRelatedBullying Essay971 Words   |  4 Pagesbullying has created lots of problems in school and outside of schools in society today. Picking on someone could very well change someone behavior. Bullying can ruin people lives if they are teased often. Younger and older kids in school are fatally injured, which needs to be taken care of before it starts and get out of hand. Bullying in first grade or going into middle school. Television violence, families in poverty, mis-teachings, music, and pictures have influence younger and older people,Read MoreThe Big Bad Bully On The Playground915 Words   |  4 Pagestakes lunch money and threatens kids after school is no longer the bully kids are most worried about. The common i dea of bully has been redefined. It could be the scrawny boy with glasses, or the shy girl in English class. The advent of the internet allows anyone to play the role of the bully. Bullying is a whole new experience for kids in school today. Advancements made in technology have advanced the method bullies use to harass, threaten, and humiliate their victims. The use of the internet to attackRead MoreDifferent types of Bullying Essay1550 Words   |  7 Pagesignore it; not only that, some victims like to stay quiet due to fear. Based on case studies and statistics, there’s evidence to suggest that bullying can cause negative effects socially, emotionally, and physiologically on children. Types of Bullying There are many types of bullying one of them is cyber bullying. Cyber bullying had become very popular now and days. This type of bullying takes place on the internet, via text, or any multimedia device. ‘’Cyber bullying often possesses the absenceRead MoreBullying And Its Effects On Society875 Words   |  4 PagesIn Todays, society bullying is shown more often in schools, especially high schools. The type of bullying noted and documented are Physical bullying, Verbal Bullying, Cyberbullying, and Covent or Hidden bullying. Kids use cyberbullying against each other to discriminate their friends or just to make fun of them online. In school campus, kids use Physical bullying to manhandle their peers because they want to feel better and show that they have more power, or just because they are having domesticRead MorePersuasive Essay On School Bullying1714 Words   |  7 Pagesthe significance of school bullying. For victims of bullying, they go to school every day facing harassment, taunting, and humiliation. Kids today come home and kill themselves or never want to go back to school because of BULLYING. â€Å"Studies show that 25-35% of teens encountered some type of bullying in their lifetime (Nansel et al,).† Bullying is a form of violent behavior that happens not only in the schools but everywhere. Kids everywhere have been exposed to bullying in school for generationsRead MoreEssay Take a Stand Bullying1000 Words   |  4 PagesMonte McKay Take a Stand on Bullying Bullying is a form of verbal and physical abuse that needs to stop. It takes place every day all over the world. It represents the attacking of someone that is stronger mentally, emotionally and physically attacking someone that is weaker in all of these fields. Bullying has long term effects on its victims such as mental and emotional stress that can carry on into the future. Bullying has been around for a while now. â€Å"Bullying is so long established in ourRead MorePersuasive Essay On Bullying1010 Words   |  5 Pages Bullying has been a crime for many years, yet what exactly are we doing to stop it? The most dangerous type of bullying is physical bullying. Google defines physical bullying as â€Å"using one’s body and physical bodily acts to exert power over peers.† Examples of physical bullying is punching, kicking, slapping and shoving. Bullies are quickly to judge other kids because of their disabilities, â€Å"Oh he can’t read, he’s so dumb!† not knowing exactly what they’re going through. People who bully otherRead MoreBully 101: Kids Edition783 Words   |  3 PagesPsychological Association, â€Å"Bullying is a form of aggressive behavior in which someone intentionally and repeatedly causes another person injury or discomfort. Bullying can take the form of physical contact, words or more subtle actions† (Bullying, 2013). People bully each other for several reasons and there are different outcomes that are a result of those reasons. People c an be bullied physically, emotionally, or verbally. Bullying can take place at school or online. Bullying should be a consideredRead MoreEffects Of Bullying On Kids : Do Actions Speak Louder Than Words? How Much Harm?1620 Words   |  7 PagesEffects of Bullying on Kids Do actions speak louder than words? How much harm can a word produce? Loser. Fatty. Nerd. Nobody. Worthless. Bullying has always been an issue in childhood and high school, but it isn t until this decade that the spotlight has really focused on the damage it produces in a child s life. In the past, adults just thought bullying was an innocent way kids expressed their feelings but now we have seen the true darkness in this problem. In 2007, almost a third of kids in middleRead MoreEssay on A Speech on Bullying1047 Words   |  5 Pagestoday is Bullying. It is all around us, everyone bullies, no matter what you think or have done, you’ve most likely bullied someone. There are many issues in the news that involve bullying and bad things that happen, aswell as people being affected from people bullying them. Bullying is happening everywhere and the chances that you will encounter it are high. Around the world bullying is big particularly within schools and online in cyber space. With all schools talking about bullying and the

Decision-Making Process of Consumers

Question: Discuss about the Decision-Making Process of Consumers? Answer: Introduction:- Before purchasing something decision-making process by the consumers is a most significant process from which the actual picture of consumer behaviour towards a particular product can be drawn. There are different like cultural, social, personal and psychological factors which influence directly or indirectly the decision-making process of a consumer. For different goods the consumer will behave differently according to his need, preference and purchasing power. Before purchasing a product the consumer should go through different stages of decision making process. In this case the judgmental power of consumer among different types of products and also among different types of alternative brands is very essential. Five stages of decision-making process of consumer while purchasing a consumer electronic product:- In todays world the electronic goods are the mostly needed products to the consumers. In case of electronic goods the consumer will always judge its durability (Lerrthaitr and Panjakajor, 2014). Now, laptop is a consumer electronic product and if a consumer wants to buy a new laptop for his/her own consumption, then he/she must follow the following five stages of their decision-making process:- Problem reorganization or need reorganization by the consumer:- Before purchasing something the consumer should recognize his/her own needs for a particular product.Without need for any product the consumer will not go for purchasing that product. The need of the consumer should be supported by its purchasing ability. Only then the consumer can precede for the further stages of his/her decision-making choice (Lerrthaitrakul and Panjakajornsak, 2014). For example: - In this case the consumer is facing a regular problem with his/her old laptop which hampers his/her daily office work and others activities like communicate with the friends and relatives through social media, checking the new mail or sending an important mail etc. Hence, he/ she urgently need a new laptop. Hence, in this case the consumer has the three types of needs for this laptop. They are:- Functional need: - This kind of need is related to the specific functions of the laptop. That is the laptop with upgraded technology is more useful for office work and different calculation. Moreover, if the new version of the laptop of a particular company has a more powerful hard-disks and video card than the old one then the consumer will decide to buy the new one rather than continuing consuming the old one, as the new one will provide him/her more facilities of memory storage and latest video games. Social need:- At present, every educated and working person has his/her own personal computer or laptop to perform their daily office work and other studies. Moreover, for getting touch with the friends and relatives, this consumer uses the social media through the laptop. He/she also urgently need it for sending important mails. Hence, there is a social need behind the purchasing decision of a electronic product like laptop. Need for changes:- The previous laptop of the consumer was very old one and the consumer has the desire to buy a new model. Hence, the consumer will decide to purchase a new laptop in order to replacing the old one. Informational search: - Before purchasing the new laptop he will fast gather information about the different types of available laptops in the market with different features having different prices. The customer may gather this information either from his friends, family members or co-workers who are experts in this field or from various commercial sources like T.V. adds news paper advertisement etc. He can also take the purchasing decision from his own experience in this particular field. There are two types of information sources. One is the internal source and the other is the external source (O'Shaughnessy, 2012). The internal sources of information:- The main internal source of information is the consumers own experience and memories of purchasing the old laptops. On the basis of this memory the consumer will not repeat the same mistake as he/she did while purchasing the old one. Moreover, the experts or the office-staffs may also provide advice to purchase a best quality product (Perreau, 2013). The external sources of information:- The friends, family members and the other consumers are act as external sources to provide the information to the customer about the features and price of different brands of laptops. Besides, the social media play an important role in providing this information. That is the consumer can also gather information from the advertisements in newspapers or from T.V. or from the magazine or commercial brochure of that particular product (Rathnam, 2005). Alternative evaluation:- After gathering the decision, he will begin to evaluate or compare among the different brands of laptops available in the market. In this case he will focus on the brand which offers lots of easily hand able features at a cheaper rate than other brands. There are different brands of laptop sold in the world market like Sony, HP, Dell, Samsung etc. There are some similar and some different features of these different brands of laptop. Some of them are very user friendly but have not much upgraded features. Again, some of them may contain various upgraded features but not very user friendly. Moreover, the design and the style of different models of the laptops are different. It is totally up to the consumer that which brand or which model he/she will choose according to his/her need. The decision-making choice should ensure the need of the consumer (Schiffman and Wisenblit, 2015). Purchasing Decision:- After evaluating the alternative brands of the laptops he will take the final decision of purchasing and purchase the product according to his need, taste and affordability. Even while purchasing the laptop the consumer can choose whether he/she will purchase a new laptop or a second hand laptop. If the consumer has not enough capital in his/her hand to buy a new laptop and if the need is urgent, then he/she can purchase a second hand laptop provided the laptop is functioning well (Schiffman, Kanuk and Hansen, 2012). Post-purchase behaviour:- After purchasing the laptop the consumer will judge that whether the product is really suitable for his need or whether he can easily handle this product. If there arise any problem with the laptop, the consumer will immediately complain at its service centre and will ask for either to solve the problems or to provide him a new laptop in exchange of the purchased one. However, if the purchased laptop is used by the consumer for a long-time then the company can only provide some services in exchange of service charge if their arise any problem regarding the use of that laptop. The consumers can also share their positive or negative views regarding the products by word-of-mouth to their friends and families or also through the social media (Streetdirectory.com, 2015). Conclusion:- Though all the consumers follow the basic characteristics regarding their decision-making, the actual behavioural patterns of different consumers are different according to their different test and preference on different quality of products. Hence, it is not so easy to analyse the consumer behaviour through these five stages of decision-making choice only. Besides, there is a great need of changes in distribution system especially for the consumer electronic goods as different consumers are particular about the appropriate system of distribution of separate electronic products. Since, the buying capacity of the purchaser of a similar product may not be same, there also may arise a differences regarding the quantity purchased of the same product. However, in present world, due to an expansion of online marketing, there is an increasing numbers of commercial shops or websites and the online purchaser, though the behaviours of both the online and the offline purchaser are more or less same. References:- Lerrthaitr, W. and Panjakajor, V. (2014). Channels of Electronic Word-of-mouth Affecting Consumers' Buying Decision-making Process in the Low Cost Carriers (LCCs).Research Journal of Business Management, 8(4), pp.367-378. Lerrthaitrakul, W. and Panjakajornsak, V. (2014). The Impact of Electronic Word-of-Mouth Factors on Consumers Buying Decision-Making Processes in the Low Cost Carriers: A Conceptual Framework.International Journal of Trade, Economics and Finance, 5(2), pp.142-146. O'Shaughnessy, J. (2012).Consumer behaviour. Basingstoke: Palgrave Macmillan. Parumasur, S. and Roberts-Lombard, M. (2012).Consumer behaviour. Claremont, South Africa: Juta. Perreau, F. (2013).The 5 stages of Consumer Buying Decision Process. [online] Theconsumerfactor.com. Available at: https://theconsumerfactor.com/en/5-stages-consumer-buying-decision-process/ [Accessed 14 Aug. 2015]. Rathnam, G. (2005). Interaction Effects of Consumers' Product Class Knowledge and Agent Search Strategy on Consumer Decision Making in Electronic Commerce.IEEE Transactions on Systems, Man, and Cybernetics - Part A: Systems and Humans, 35(4), pp.556-573. Rose, V. (2012).Consumer behaviour. Delhi: University Publications. Schiffman, L. and Wisenblit, J. (2015).Consumer behavior. Boston [u.a.]: Pearson. Schiffman, L., Kanuk, L. and Hansen, H. (2012).Consumer behaviour. Harlow, England: Pearson Financial Times/Prentice Hall. Streetdirectory.com, (2015).Consumer Decision Making Process. [online] Available at: https://www.streetdirectory.com/etoday/consumer-decision-making-process-fepoe.html [Accessed 14 Aug. 2015].

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