The impact of October Crisis of Canada Research Paper

The effect of October Crisis of Canada - Research Paper Example All things considered, the impacts of this war had many contrary ramifications for the individuals of Canada, and particularly Quebec. This article audits the effect of this in Canada and basically Quebec. On 5thOctober 1970, James Cross, who was a British ambassador, was hijacked in his habitation at weapon point. In a couple of hours the individuals from FLQ development admitted to the kidnapping. They requested for the arrival of their own individuals who were indicted for homicide and viciousness. The equity priest of Quebec denied these requests. Around the same time the Quebec priest of work and migration, Pierre Laporte, was grabbed and later killed. This set off the administration to send the Canadian military to help the neighborhood police in keeping an eye on Canada. They additionally pronounced the â€Å"apprehend insurrection† under the war estimates act. The highly sensitive situation announced a boycott against the FLQ development and detainment without charges were approved (Tetley, 2006). The Quebec patriots began the FLQ development in 1963 as measure to start a feeling of solidarity in Quebec. The Quebec individuals included people who utilized French as their first language. This soul of patriotism was recorded from the time France had colonized the locale of North America which is at present alluded to as Quebec. In Quebec most of the individuals were French speakers when contrasted with their number in the remainder of Canada. Thus, they saw themselves as a disconnected minority. This inclination to a huge degree moved this gathering to set up a development that would delicate to their law based rights. For example, their compensation was lower than that of the British individuals. In the region of Quebec, the English Canadian earned 40% percent higher than all other ethnic gatherings (Monrue, 2009). This reinforced the craving to frame a substance to battle for their endurance as the administration had neglected to give the equivalent. This was the cause of this progressive development (Tetley, 2006). The FLQ was begun

Postmodern Characteristics Works Of Young British Artists Cultural Studies Essay

Postmodern Characteristics Works Of Young British Artists Cultural Studies Essay Got their popularity in the mid 1990s, the Young British Artists (YBAs) is known as a gathering of exceptionally plugged British cutting edge specialists dynamic from the late 1980s (Chilvers, 1999). In this exploration exposition, crafted by two driving craftsmen of the YBAs, Marcus Harvey and Damien Hirst, will be referenced and broke down inside the setting of postmodern speculations. The clear postmodern qualities being examined in the four workmanship pieces is pluralism. Marcus Harvey (1963-now) is an English craftsman and painter and a main individual from YBAs; his pieces refered to and investigated in this paper are Myra (Fig. 1) and Toilet Roll (Fig. 2). Both of the two works of art are the portrayal of an article with obscured lines and pieces, apparently as though the large scale pictures are made by small units and areas. The structure of the works of art and the fluffy impressions has to a great extent compared to the importance of pluralism in postmodern speculations. Damien Hirst (1965-now) is a dear companion of Marcus Harvey, he is the most noticeable individual from YBAs and a large portion of his works center around the subject of Death (National Galleries of Scotland n.d.). In this article, two of his works being investigated are the painting LSD (Fig. 3) and the figure For the Love of God (Fig.4). In these two workmanship pieces, LSD is built utilizing a matrix of specks of various hues while For the Love of God is comprised of human skull, platinum, and jewel. These pieces represent how single components can create new implications when being made together or re-orchestrated, comparative as Harveys works, these workmanship pieces are additionally an impression of pluralism in postmodern perspective. In postmodernism, the word pluralism is commonly used to depict the variety of importance and the status of a blend and confusion (Bohman 1999) of culture, characters, belief systems, perspectives, religions and so on in postmodern time, it grasps the possibility of fracture or disjointedness in contemporary world. Body Pluralism is actually characterized as the quality or condition of being plural (Merriam-Webster Online Dictionary, 2010), which is in opposite of dualism. As we gained from the course, pluralism inside postmodern practice isn't just clear inside its political substance yet in addition in the methodologies, forms and the styles inside the works themselves. Thinking back to all the hypotheses and argumentations on postmodernism, it is effectively seen that the shared conviction among all the talks is to concede the confusion, issue, fracture, and even aimless of any subject from my viewpoint, the equalization of turmoil and request is a portrayal of what we called pluralism. Without a doubt, pluralism has gotten a prevailing propensity in each part of current life in the background of globalization and commercialization tide. As indicated by Milbrandt (2003), the attributes of postmodern world have legitimately set off the rise of mainstream society and postmodern artistic expressions, for example, visual workmanship, then again, calculated obstructions between alleged high and low culture have separated because of the development of Information Communication Technologies (ICTs). In single word, to examine todays masterful manifestations in turns of various postmodern qualities, for example, pluralism, will give us a far reaching comprehension of postmodernism speculations just as postmodern lives/rehearses. Discussing the field of workmanship, all the more explicitly, the YBAs, those applied craftsmen, painters, stone carvers and establishment specialists are noted for their stunning and imaginative strategies in making craftsmanship; and as announced by The Guardian (14 June 2000), they ruled the workmanship scene in Britain during the 1990s. By investigating the four works I refered to in this paper, I hold the perspective that as average Young British Artists works, those craftsmanship pieces from Marcus Harvey and Damien Hirst have prominently exhibited and mirrored the characteristics of pluralism. Myra (Fig. 1) is one of the most well known and questioned works by Marcus Harvey, it is the representation of a youngster executioner Myra Hindley reproduced from various duplicates of childrens imprints. In this craftsmanship, various childrens impressions appear to cover and hook at Hindleys face and shape a special circumstance: from one viewpoint, the picture of her face is created by those imprints; while then again, those minuscule palms additionally demolish her highlights. It is recognized by The Guardian Weekend (Burn, 1997) that this craftsmanship brings the chill of ghastliness we feel yet can once in a while express and proposes the coolness that is, the indifferent ness; the loss of sensation; the wanderer; the cold stoniness in the work itself. Associating it with postmodern hypotheses, one can without much of a stretch catch the smell of pluralism in Myra. As Hughes (2004) and Knoper (2008) summed up (however the thought is started from Lyotard), postmodern workmanshi p speaks to the demise of alleged meta-accounts kept up in current society and embraces pluralism to supplant dualism, along these lines make a feeling of tumult and confusion in implications. Such is the thing that we read from the disputable fine art Myra, in which the little units are both making and obliterating the entire notorious picture, in view of this, differed and more inside and out implications are passed on. Latrine Roll (Fig. 2) is another fine art by Marcus Harvey and from which we can likewise discover proof of pluralism. Ang (2006) calls attention to that, the status of pluralism and the impersonation of an existed style lead to things like pastiche (an unfilled duplicate), which is a thought that recommends little of the suggested profundity. Can Roll the work of art is an impression of such passing of profundity I for one dont think the picture in this fine art passes on much tasteful pleasure, nor it is as significant and interesting as Myra. Be that as it may, when we take a gander at the fluffy pictures and little squares in the image, a feeling of negligible and disarray is produced in perusers mind. As such, from my viewpoint, no/little worth or importance is the significance of this work. LSD (Fig. 3) by Damien Hirst may be the one among the four works of art that speaks to pluralism most clearly and legitimately: a network of specks of various hues, a basic blend of plural components. Like numerous postmodern artworks, one can only with significant effort handle what the craftsman needs to communicate in this work of art. Villeneuve Erickson (2008) call attention to that contemporary workmanship can't be judged just by whether they are illustrative or alluring, and contemporary craftsmen will in general utilize eccentric materials and contact troublesome subjects, (for example, sexuality, energy, and religion), which every single present snag in comprehension. In order to LSD, perusers can have various understandings to the network of dabs from differed viewpoints. Those observations express the unpredictable and diverse social foundations and social characters of the appreciators too make the multi-dimensionality in understanding (Song, 2009), which uncovers a more extensive pluralism past the work of art group itself. Plus, the interdisciplinary intercessions and investigation (Trafã ­-Prats, 2009) of contemporary workmanship likewise mirrors the soul of pluralism (for example the understanding of LSD may address the field of music, political theory, social examinations, strict investigations, and so forth.). For the Love of God (Fig.4) is a figure by Damien Hirst created in 2007, it comprises of human skull, platinum cast, and 8,601 precious stones (Hirst discloses  £50m jewel skull, 2007). Other than the estimation of the material itself, the imaginative estimation of this model is additionally valuable. George Steiner (2001) asserted in his book Grammars of Creation, the age, for example, our own is a period of offensiveness the savagery, mistreatment, financial oppression and social unreasonableness. What's more, this fine art For the Love of God shows an expectation for excellence in this period of offensiveness and passing and is a rebuilding of regard for God (Moore, 2004). The materials utilized in this figure are stun, differentiating and innovative, and when Hirst comprises the skull, the platinum, and the jewels together, they effectively make new implications with sharp effects such is a part of pluralism, that the single particular components can create a natural entirety. End Taking everything into account, all these four craftsmanship pieces broke down in this article is a decent show of pluralism in postmodern setting. As masterful works made by British cutting edge specialists in the post-1990s time, they effectively utilized a few strategies and tricks to deliver and pass on what I would call a feeling of gibberish and a feeling of disarray and stun to the crowd. It isn't astounding that all the works can without much of a stretch discover a specialty in postmodern understandings, not just in light of the fact that they were created in the specific situation and with the possibility of postmodern musings, yet in addition since we are attempting to peruse them from a postmodern point of view. In any case, despite the fact that it is difficult to expand in subtleties what stylish sentiments or encounters they make to crowd, in light of the fact that every individual has his/her own judgment on imaginative (particularly postmodern aesthetic) works and furthermore on the grounds that postmodern compelling artwork is regularly hostile to tasteful, it is as yet conceivable to arrive at a superior comprehension of them other than the feeling of rubbish, disarray and stun. From my point of view, those works when all is said in done communicated the craftsmen worry on the spray of current innovation, industrialization and commercialization, just as the loss of importance and profundity in postmodern lifestyle, which are the interminable focal points of all types of postmodern compelling artwork.

Faculty in the News The Fight for Iran COLUMBIA UNIVERSITY - SIPA Admissions Blog

Faculty in the News The Fight for Iran COLUMBIA UNIVERSITY - SIPA Admissions Blog In an interview with CNNs Christiane Amanpour, Professor Gary Sick said “As the regime has cracked down harder and harder, they’re getting better at it. Repression does work. And they are now much more organized in terms of keeping things quiet and keeping the opposition down than they were before.   Click here to view the CNN video. Professor Sick served on the National Security Council under Presidents Ford, Carter, and Reagan. He was the principal White House aide for Iran during the Iranian Revolution and the hostage crisis.

The Worth Of A Book By Randy Pausch And Jeffrey Zaslow

â€Å"The worth of a book is to be measured by what you can carry away from it (James Bryce). If measured by the rule of the quote, The Last Lecture by Randy Pausch and Jeffrey Zaslow has tremendous worth. Randy Pausch, a professor dying from pancreatic cancer, gave his last lecture titled â€Å"Really Achieving Your Childhood Dreams† at Carnegie Mellon in 2007. In the book, he reflects upon the lessons of his life experiences mentioned in the lecture. The lessons addressed ways to lead a fulfilled life. At first, his experiences seemed to be entertaining stories from his past, but as he progressed through each chapter, I began to realize the mentoring quality of the stories. From the lessons, I carried away invaluable advice. While it would be difficult to visit and elaborate upon every lesson, there were three that were most memorable to me: the importance of obstacles in our life, how honesty is a better character builder than false praise, and the uselessness of complaini ng. Obstacles are not preferable. Our dreams would be achieved more quickly if the obstacles did not exist. However, the obstacles, or â€Å"brick walls† as Randy Pausch refers to them, show us how badly we want to fulfil that dream. If they did not exist, we would never know if our passions were true. As stated by Pausch, â€Å"Brick walls are there for a reason. They give us a chance to show how badly we want something† (79). I believe that if I heed to this advice, my success rate will drastically increase. In fact, itShow MoreRelatedTuesdays with Morrie and the Last Lecture2593 Words   |  11 PagesPaper #3: Tuesday’s With Morrie amp; The Last Lecture In Tuesday’s With Morrie, the book really gives you a different perspective on life. It teaches you how thinking positively can really shift your attitude. It also shows how much we should appreciate life and how we need to live each day to our fullest potential. At the end of the day to know that we’ve done our best. To summarize the three main ideas from this book can be illustrated with Morrie’s quotes. These quotes summarized are Live Life, Trust

The Love Song Of J Alfred Prufrock Analysis - 872 Words

T.S Eliot’s â€Å"The Love Song of J. Alfred Prufrock† is a literary work that entails the life of an indecisive, intellectual man of great solitude. The beginning of the poem sets a disillusioned and nostalgic tone of the poem. It vividly recounts some of Prufrock’s dealings with various women, who took an interest in Renaissance artist Michelangelo. It further elaborates on the yellow fog that covers the windows to his social life of the outside world. Prufrock appears to be a middle-aged, modern man plagued by feelings of isolation and frustration. T.S Eliot utilizes the life of Prufrock to symbolize his ideas of the modern man. Eliot’s use of farcical language generates an atmosphere of questioning as to why Prufrock could not overcome his†¦show more content†¦Prufrock subconsciously opts to indulge in his contemporary and psychological life of love, rather than his realities of his hell, his life. Furthermore, based on the title of the poem, T.S Eliot likely wanted to imply a farcical aspect of the poem. For instance, Alfred Prufrock was a man of many opportunities, however, most of the poem centers around his lack thereof. Additionally, both time and space are subjective to Prufrock. Timings of each memory are hard to pinpoint due to the order in which the memories are presented, causing an organized misperception of tenses and periods. Thus, memories of his past and present seem to become infused with one another, vice separate happenings. In detail, whenever memories are described within the poem, Prufrock is paralyzed in a seemingly confused state. His thoughts are described in a present tense, but judging from another context of the poem, all his dealings with women were in the past. Prufrock was simply reflecting on his life. He is aware that he is growing old, and that he is running out of time to find a true love. Prufrock is desperate for assistance with his shortfall s but has none. So, he accepts his fate, hisShow MoreRelatedAnalysis Of The Love Song Of J. Alfred Prufrock1386 Words   |  6 Pagesâ€Å"The Love Song of T.S Eliot† In â€Å"The Love Song of J. Alfred Prufrock† the reader can clearly understand that T.S Eliot is straightforward as one can get within a poem. In the beginning of the poem, one can infer that Prufrock is being used as a facade to convey Eliot’s inner self who is an introvert that doesn’t quite fit in with the modern day society. â€Å"Prufrock† sees his personal life as a burden that he cannot mend while he tries to conform into the middle class society that everyone views asRead MoreLiterary Analysis Of The Love Song Of J. Alfred Prufrock Essay1336 Words   |  6 PagesA Literary Analysis of T.S. Eliot’s â€Å"The Love Song of J. Alfred Prufrock† T.S. Eliot was one among few poets and authors that dominated the years between the First and Second World Wars. Eliot showed his use of modernism techniques through â€Å"The Love Song of J. Alfred Prufrock†, creating a powerful reputation around the world, particularly as a member of The Lost Generation in the 1920s. Eliot moved to and settled in London where he worked with famous poets including Ezra Pound, and published hisRead MoreCritical Analysis : The Love Song Of J. Alfred Prufrock895 Words   |  4 PagesEssay Two- Critical Analysis Writing a critical analysis is diving into the text. Readers must break down all parts of the text and pin pointing the author s purpose for the writing. A very challenging poem to analysis is T.S. Eliot’s â€Å"The Love Song of J. Alfred Prufrock†. It has been declared that â€Å"The Love Song of J. Alfred Prufrock† started that Anglo-American modernist movement with poetry. The poem was the first poem with American poetry to flow free verse. At the time, it was deemedRead MoreAnalysis of The Love Song of J. Alfred Prufrock Essay602 Words   |  3 PagesAnalysis of The Love Song of J. Alfred Prufrock J. Alfred Prufrock constantly lived in fear, in fear of life and death. T. S. Eliot divided his classic poem into three equally important sections. Each division provided the reader with insight into the mental structure of J. Alfred Prufrock. In actuality, Prufrock maintained a good heart and a worthy instinct, but he never seemed to truly exist. A false shadow hung over his existence. Prufrock never allowed himself to actually live. He hadRead MoreLiterary Analysis Of The Love Song Of J. Alfred Prufrock1497 Words   |  6 PagesLiterary Analysis of The Love Song of J. Alfred Prufrock The human psyche has perpetually been characterized by a nagging sense of doubt. 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Alfred Prufrock1529 Words   |  7 PagesAnalysis of the setting of the poems â€Å"The Love song of J. Alfred Prufrock† and â€Å"Something Whispered in the Shakuhachi† â€Å"The Love song of J. Alfred Prufrock† and â€Å"Something Whispered in the Shakuhachi† are poems written by T.S. Eliot and Garrett Hongo correspondently. Both poems put a great emphasis on the depiction of the narrator’s emotion. The poems are focused on feelings and emotions of their narrators. At the same time, it should noted that a lot of attractive in both poems is given to the settingRead MoreThe Love Song Of J Alfred Prufrock Analysis934 Words   |  4 Pagesyou do something that you love than you will have a deeper desire to continue or to succeed in it. In The Love Song of J. Alfred Prufrock a man doesnt know why his life is so horrible. He wanders the streets of his past looking for why hes life is so dull. The man doesnt know what is wrong with his life, he doesnt understand why life is so hard. T. S. Eliot in The Love Song of J. Alfred Prufrock teaches us about how hard life can be on a single and routine man. Prufrock, the main character, demonstratesRead MoreAnalysis Of The Love Song Of J Alfred Prufrock1007 Words   |  5 Pagesinterrelation between time and decay conveys the transformative impact of industrialisation upon modern society. Modernity altered the human psyche into a detached, fragmentation of its previous form prior to the Modernist world. The Love Song of J. Alfred Prufrock and Preludes provide a poetic representation of how the corrosion of traditionalism preceded a sense of abandonment and isolation which infects individuals within the urban setting. Despite conveying early 20th century receptions of industrialisationRead MoreAnalysis Of The Love Song Of J. Alfred Prufrock1064 Words   |  5 PagesLoneliness is a feeling that we have all felt here and there. A man in the poem â€Å" The Love Song of J. Alfred Prufrock† by T.S Eliot feels trapped which caused him to have disorders. Nothing has never changed from living in the same city and not using his time wis ely. He tried numerous ways to approach women but his low self esteem stopped him from moving forward. Although Prufrock seems like a miserable person, Prufrock suffers from obsessive compulsive disorder, depression, and paranoia that caused him

We are the Champions Free Essays

For as long as I can remember, I have loved and played organized basketball. The culmination of this adoration and dedication came during my senior year of high school when we won the state championship. I spent most of my childhood and adolescent years watching, practicing and playing this game. We will write a custom essay sample on We are the Champions or any similar topic only for you Order Now I played through all kinds of injuries and illnesses. I played with all kinds of organizations and teams. Now, I was the captain of the team of all teams: State Champions. I’d reached the manacle of my basketball career. If we are looking at this significant event through the behavioral perspective of psychology, we see the ways in which it applies. The behavioral perspective allows us to look at the obvious observable and measurable behaviors as opposed to the internal and mental ones. It focuses on how behaviors are learned and reinforced. Practice was the driving behavior that allowed our team to succeed. Our coaches required us to practice the same plays over and over again. We practiced shooting drills over and over again. These things were reiterated until hey became second nature, and then we practiced them some more. Our philosophy was that we did not practice until we got it right, but we practiced until we could not get it wrong. Also, part of our preparation included watching videos of our opponents. This allowed us to learn their behaviors and tendencies in order to devise a plan to counteract them (Baron Kessler, 2008). During the game of basketball, the cognitive perspective plays an important role. This perspective is concerned with the mental function: how things are perceived, remembered, reasoned, decided, or problem solved. Before the game starts, a strategy is developed for the offensive and defensive side of the court. It has to be remembered by every member of the team along with all of the plays and signals to help the team function as one cohesive unit. We are also tasked with making split second decisions throughout the game in order to navigate the opponent’s defensive scheme (McLeod, 2007). Through this entire process, I learned that hard work would lead to great rewards. One of the ways this happened was through classical conditioning learning. This type of learning involves â€Å"placing a neutral signal before a naturally occurring reflex† (Baron Kessler, 2008, p. 161). In order to build our stamina to run up and down the court for a complete game, our coaches used a whistle. When the whistle was blown, we were required to run suicide drills. At the sound of a double whistle, we were required to stop running. The blowing of the whistle is an unconditioned stimulus and the act of running is an unconditioned response. Operating learning came in the form of positive reinforcements and punishments. We were praised and received gifts for working hard in practice, for performing drills ND tasks flawlessly, and for meeting seasonal milestones. Our punishments came in the form of performing push-ups or having an extra early morning practice when we did not do what was expected. In addition, some of my basketball skills were acquired through observational learning. I watched Just as much basketball on television as I played. I took some of the things that I saw my favorite college and professional basketball players performed and worked to mimic them (Baron Kessler, 2008). This entire senior basketball season was very memorable. It was like ale with a story book ending. However, some of the details of that season was lost. This is because of retroactive interference. We played 23 games that year, and each game added a new memory. Because of the similarities in games, the details get clouded with the addition off new one. The championship game was different. That game is an autobiographical memory as it was a reward for what I had worked so long to achieve. This was the most important thing that Vive done up until that point. How to cite We are the Champions, Papers

Business Construction Companies Clough Ltd Australia

Question: Describe about the Business Construction Companies for Clough Ltd Australia. Answer: 1 (A) The company that will assist in the understanding of this solution is Clough Ltd Australia which is a construction company. From the outset the compliance strategies will be contained in a competition and consumer compliance document that will available at the companys website and a hardcopy of it will also be available at each of the company office. The document will also be a must have document for every staff and management of that they can clearly understand the companys compliance Product safety The company will outlay the various steps it has taken and it usually applied to ensure that the standards of the products and services have met the minim requirements provided by the Australia consumer and competition. In the product safety discussion, there will also be an assurance that that is given to the consumer that the product is of the required standard and quality. This will act as a guarantee on the safety of the product or services that are supplied by the company. Staff Training The employees of the company will be given a specialized training that is aimed at ensuring that they are equipped with the skill to meet consumer satisfaction. The training will also be aimed at training the employees to avoid anticompetitive behavior that can easily ruin the reputation of the company. Complaint Handling It is always very vital for any company to have a mechanism that will ensure they get a feed back from the consumers. The company will also invest in a feedback mechanism that will ensure that the consumer complaints are addressed. Other than where there are complaints from other companies concerning the anticompetitive behaviors the company will also outline a mechanism on how such problems will be handled. Q1( B) Product safety It is submitted that without an assurance on the quality and safety of the product, consumers will shy away from using the services or products of this company. It is therefore necessary to ensure that the consumers have confidence in the quality and safety of the products of the company. Staff Training Training is vital in the sense that the staff of the company will ensure that they avoid doing certain things that may not be allowed by the company policies and also by law. This will prevent suits that may be launched against the company for vicarious liability due to the actions and omissions of their staff members. Complaint Handling The company will only grow if it learns to accept corrections and better its service. Through an effective complaint handling strategy in the company the, they will also be able to avoid legal suits because some complaint that are brought by consumers are justiciable in court of law. 1(C) Effective management of Resources The management should ensure that the resources that are available at reach are used to ensure compliance. The highly specialized and skilled personnel should be used to ensure that the product safety in the company is not questionable. The legal resource that is available should be used to ensure that not to fight legal claims for non compliance but to ensure that they bring the company to understanding of the legal implications of non compliance and thus prevent the numerous legal suits. Practical compliance The company management should ensure that there is practical compliance and not a theoretical one that is only a command on paper. Real compliance ensures that every individual has abided to the compliance guidelines that are set out in the policy documents of the company. Identifying Risks The management should also ensure that they identify the possible risks that are likely to affect the company and ruin its reputation. Risk management and assessment ensures that the management does not invite negligence actions for a breach of duty of care. Where the company does not foresee the harm that may be caused to persons that use their product or services them likely to suffer costs in form compensation that may have to pay to claimant in legal actions. The company should also be able to identify areas of legal risk, for instance where they have failed to comply with legal positions concerning (2) Preliminaries Negligence is the law that obligates an individual not to put other individual in a position that they will be harmed by a foreseeable risk that is caused by ones acts or failures. In Donoghue v. Stevenson, (1932) the court said that we should have our neighbors in mind whenever ones actions are likely to affect them. It was in this case that that the settled precept of the neighbor principle was brought to life. Lord Artkin defined a neighbor as the person who has the high chances of being affected by ones acts or failures. For Loki to bring a successful civil action claim in negligence against Bungee World Ltd. he must prove on a balance of probability that the desiderata for negligence claim are satisfied (Grant v Australian Knitting Mills, 1936). Proof of Duty of care Firstly, Loki must prove that there was a duty of care the Bungee owed him as a client of their service. The court in Caparo Industries v Dickman (1990) clearly set out the principles that establish the duty of care in three stage form. From the outset the, Loki must show that he kind of harm that he suffered was foreseeable and there it could have been avoided if Bungee exercised their duty of care (Kent v Griffiths, 2000). Loki as the claimant in this case, must also show that he was within the vicinity that the defendant actions will be likely to affect him (Home Office v Dorset Yacht Club, 1970). By looking at the circumstances of this case form the face value it can be inferred that Bungee owes its clients a duty of care. However, it bears noting that in the form that the Loki signed there a clause that excluded Bungee from any liability incase of harm, death or injury. Exclusion clause The general law in contract law is that once an individual signs a contract, they are bound by the terms in it even in circumstances that they did not read or understand the contract (L'Estrange v Graucob, 1934). This position is not absolute since where the defendant did not give sufficient notice of the exclusion clause or unfair term they can not rely on the term to avoid liability. The defendant must have taken certain measures to ensure that the claimant is aware of the existence of any unfair term or exclusion clause (Thompson v LMS Railway 1930). Proof Breach of Duty and Causation A claim in negligence will not be successful if the defendant was not the cause of the harm that was the claimant suffered. The claimant must show that Bungee breached the duty of care that they owed him and as a result he was harmed. In Barnett v Chelsea Kensington Hospital (1968) it was held that, while the claimant duty is to prove causation the defendant will also have to prove that the harm was bound to occur anyway albeit they did not exercise any precautions. Possible defenses for Bunge Bungee will avoid the liability ion this case if they can rely on the following given defenses; Volentis non fit injuria It possible that Bunge can argue that the claimant brought themselves to the harm that they suffered. The mountain in this argument is that it may be contrary to logic and reason that someone will willingly bring harm to themselves where the intention was to enjoy a service that an implied condition exist that it will be of quality. Contributory Negligence Bungee world limited may also claim that the claimant was also liable in this case since he may have failed to observe the necessary instructions that given during such activities. It is important to have in mind that in contributory negligence the defendant is not exonerated from liability absolutely. Both the claimant and the defendant become jointly liable for the harm or injury that the claimant has suffered (Revill v Newbery 1996). Remedies It is submitted that if Luke proves to the satisfaction of the court that Bungee is liable for the tort of negligence the court will award the following remedies. General damages Loki claims that he has suffered a nervous shock as a result of the incident. The appropriate damages that can be awarded in this case is an award for General damages which are damages for non economic loss such as pain and emotional distress. This award of these damages relies on the discretion of the court though by dint of the Civil Liability Act 2002 of Australia there is a limit that has been place fro the amount of damages that can be awarded fro this type of damage. Special damages These are damages for economic loss such as medical expenses and the loss of expected income due to the harm that the claimant has suffered as a result of the harm cause by the defendant. If Loki shows that apart from the nervous shock suffered he has also suffered physical harm that requires medical attention and also he cannot attend to his daily work, medical expenses that will be incurred in treating the injury and the loss of income in the days that he was forced to be away from work due to the injury, will be awarded as special damages. (3) National Employment Standards The National Employment Standards (NES) have been espoused in the Fair Work Act (2009) which governs the employee-employer relationships in Australia. All contracts that are related to employment are required to abide by these standards. The standards set out the very basic and minimum working conditions that should be observed in any working environment in Australia. When the NES were introduced the Australia workers had a reason to be happy because it set the set the minim wage that should be paid to any employee in Australia. According to majority of the employees these was a success because they were now free from the harsh working conditions that employers used to impose. What is even more fascinating is the fact that the mandatory equipment for any place of work in Australia. Ensuring Compliance Among the provisions that are provided in the NES code include the maximum number of hours that one should work in a week, parental leave and compassionate leave . To enable the company that has been identified in port one complies with the NES it is prudent that it incorporates the principle of individual bargain between the employers and the employee. Individual bargain is a flexible mode or ensuring that the employer and employee negotiate on the terms of employment. The bargains are regarded as of more value to employees because they are free to bargain for higher wages than those set in the NES. Individual bargain is a concept that was brought by the Work choices Act (2005). However, the bargain should not contravene the NES by negotiating for minimum standards than what is set. The employers can also use collective bargain as a form of ensuring that the NES are complied with where the employer unions and the employee unions negotiate on the standards that should be applicable w hich will not at all be below those in the NES. It is of interest to not though that unions appear to have even extinguished in Australia. (4) Unconscionable conduct Unconscionable conduct is one where a party with superior knowledge on a product in the market takes advantage of the one without such knowledge to exert pressure on them so that they can buy the product or service. The court in Google Inc. v ACCC (2013) held that the advertisements that were made by Google were misleading and deceptive and noted that such a conduct was contrary to the Australia Consumer Law. The Australia Consumer Law provides in Section 20 that a person should not conduct themselves in an unconscionable manner whenever they take part in any trade or commerce. Unconscionable conduct has corrosive effects than just mere statements duress or undue influence. It is submitted that for Rebecca to prove unconscionable conduct she must apply the conditions that have been set under Australia consumer Law section 21(2). Firstly, the party that has conducted them in an unconscionable manner must have been aware of the fact that the other party had no idea of the products and functionality (ACCC v Radio Rentals Ltd 2005). Rebecca is an elderly woman and she has moved from Italy but her English speaking skill is not good. Dave a plumber takes advantage of this fact to exert pressure on Rebecca so that she can use his plumbering services and goods. Secondly, it must be shown that there was a clear difference in the power of bargain as one of the parties had the higher power. In this case, it is not in doubt that Dave had a higher bargain power. In Kakavas v Crown Melbourne Ltd (2013) the court of appeal held that the claimant understood the presentations and had reasonable opportunity to make an informed decision. Remedies As stated Rebecca is worried and she wants to end the contract. It is advised that she may apply for the following remedies after she has shown the above set legal principles. Rescission If Dave is found to be culpable of unconscionable conduct the agreement will be rescinded and the parties will be restored back to their precontractual position. If Rebecca comes to learn the truth about the price and nature of the services that Dave offered but waives her right to sue, the she will lose her right to rescind the agreement (Long v. Lloyd, 1958). Damages Rebecca can apply for damages will put her back to the position she was in before they entered into the agreement. (Smith New Court Securities Ltd. v. Scimgeour Vickers (Asset Management) Ltd, 1997). In this case the damages will be awarded to Rebecca fro the financial loss that she has suffered as a result of procuring the services of Dave. References Adeels Palace Pty Ltd v Moubarak; Adeels Palace Pty Ltd v Bou Najem [2009] HCA 48 Australia Consumer Law 2010 Australian Competition Consumer Commission v Radio Rentals Limited [2005] FCA 1133 Barnett v Chelsea Kensington Hospital Management Committee [1968] 2 WLR 422 Breen C, Andrew S, 2010 Labor Law Federation Press, Caparo Industries plc v Dickman [1990] UKHL 2 Civil Liability Act 2002 Donoghue v Stevenson [1932] UKHL 100 Fair Work Act (2009) Google Inc v ACCC [2013] HCA 1 Grand Public SA v British Sky Broadcasting Ltd [1995] EMLR 472 Grant v The Australian Knitting Mills ([1936] A.C. 562 Home Office v Dorset Yacht Co Ltd [1970] UKHL 2 Kakavas v Crown Melbourne Ltd [2013] HCA 25 Kent v Griffiths [2000] 2 All ER 474 L'Estrange v F Graucob Ltd [1934] 2 KB 394 National Employment Standards (NES) Revill v Newbery [1996] 2 WLR 239 Smith New Court Ltd v Scrimgeour Vickers (Asset Management) Ltd [1996] UKHL 3 Thompson v London, Midland and Scotland Railway Co [1930] 1 KB 41 Work choices Act (2005