Historical events Essay

Depending on the political views of a reporter, columnist, author, or news agency, the facts can be reported in a variety of different ways. This can often cause controversy regarding the truth, as different sources report differing things as being true. This is also true when speaking of historical events, as different people will speak differently of different events, depending on their political affiliation and beliefs. By slating the information in a particular way, the reporter can further his or her own political agenda, by making his or her beliefs seem like the right ones. If a person is a conservative politically, it would not make much sense for him or her to report the news in a manner that would support liberalism and vice versa. This is apparent in the way that Fox News and CNN report the news on a daily bases. There are clearly some political biases that distort the fact, in order to best serve the beliefs held by the people at these agencies. In a historical sense, it would not make much sense for a government to re-tell history in a manner that makes it seem tyrannical or even blood thirsty, so based on these political goals, the government can simply choose to leave certain aspects of history out. This makes it possible for them to manipulate public opinion in the manner that best compliments their objectives. An example of how the manner in which a news story is reported can change the entire event is perceived is a recent story that was picked up by both Fox News and CNN. The story was about a tour that President George W. Bush and Secretary of Defense Donald Rumsfeld embarked on in order to increase support for the war in Iraq. While the exact same speech was covered by both news agencies, the information that was passed on to the public was different in each case. Fox News focused on the positives that had been accomplished in Iraq. It started by giving numbers on how many Iraqi soldiers had been trained to fight insurgents in the region. Rumsfeld was quoted as saying that â€Å"95 battalions, 50,000 of the 212,000 Iraqi force, are trained, equipped and in the fight against insurgents† (Baier). Fox also made a point of mentioning how Iraqi forces were taking an increased role in the stabilization of Iraq and they were well on their way to being able to defend their own country. Fox continued on by including Rumsfeld’s quote that withdrawing troops from Iraq would be counter productive to their anti-terror movement and would â€Å"put the United States ‘at still greater risk’† (Baier). Fox News did not forget to mention how George Bush said that he has a strategy for victory, despite the fact that no specific strategy is discussed. Lastly, Fox News included Rumsfeld’s claim that â€Å"most citizens in Iraq are not supporting their (the insurgents’) cause† (Baier). By comparison, CNN took this story in a completely different direction by adding negative views on the war to its coverage. CNN begins by mentioning that the war is becoming â€Å"increasingly unpopular† (Bush: No Iraq Pullout Without Victory) in the United States. CNN continues on with its unflattering views by saying, â€Å"About 159,000 troops are in Iraq, up from about 138,000 in the summer† (Bush: No Iraq Pullout Without Victory). This shows how unsuccessful the Bush administration has been at accomplishing its goal of getting the troops out of Iraq. The CNN articles also reminds the reader that the war began under the assumption that Iraq was in possession of weapons of mass destruction and that despite this claim, no weapons had been found in the country. This is something that the government would desperately like the people to forget, but CNN will not let them. CNN also gives figures on the death toll of American troops in Iraq. This is another soft spot, as those who oppose the war often bring up the fact that many American soldiers have died fighting in a war that has no point. A quick mention is also given of anti-war demonstrators that showed up while Bush was speaking. Fox made no mention of this because it is very anti-Bush. Finally, CNN’s coverage of this story included the opinions of Senator Jack Reed, who is a Democrat from Rhode Island. His opinions are anti-Bush, due to his political affiliation. Reed comments add to the negative picture this article paints of Bush. These two articles cover the exact same thing, but they are obviously spun in very different directions. While some of the same quotes are used in both stories, they are not used in the same manner. Due to their conservative viewpoints, which coincide with the Republican Party’s viewpoints, Fox News focuses on the positives that are coming out of Iraq. Since Fox News is seen as a supporter of the Bush administration, it will slant its stories to paint Bush and his associated in a positive manner. Fox also does not include any opposing statements or differing points of view in its article, which gives the reader the impression that what they are reporting is the only opinion of this subject matter. CNN, on the other hand, is better at exploring both sides of the story. This article is more centerist than anything else, as it presents both sides of the story, although perhaps not equally. CNN says a lot of negative things about the war in Iraq, due to its liberal ideology, but it also does include what Rumsfeld said about certain things. CNN’s coverage does not follow one particular political ideology but can rather be interpreted as anti-conservative which, in turn, makes it anti-Bush. Seeing as how a story that quotes both Bush and Rumsfeld would only give one political view, CNN brought in the help of a Democratic Senator, in order to give a differing ideology on the matter. Both of these networks take the events that occurred, and organize them in a manner that will appeal to their viewers the most, even though both of them leave things out and include outside resources that contribute to their goals. This trend, however, has led to the public becoming â€Å"increasingly cynical toward the news media, as reflected in the slumping credibility ratings for many outlets. More generally, a majority of Americans (53%) agree with the statement ‘I often don’t trust what news organizations are saying. ’ And while 43% disagree with that statement, just 9% completely disagree with it† (Attitudes Toward the News: News Audiences Increasingly Politicized). A historical event that that has been changed due to a particular political ideology is the happenings surrounding the Nicaraguan election of 1990. The American government had the ideology that the Sandinistas, who were in power in Nicaragua, were not good for American interests in the region. It was reported in the New York Times just after the election that this was a long overdue victory for the opposition party, as American political ideals did not agree with the Socialist regime in Nicaragua. David Shipler wrote, It is true that partly because of the confrontation with the U. S. , Nicaragua’s economy suffered terribly, setting the stage for the widespread public discontent with the Sandinistas reflected in Sunday’s balloting. But few governments become moderate during a war; the contra war strengthened Sandinista hard-liners and probably contributed to their oppressive policies. The way to resolution opened only when Congress suspended the war, in effect, to give the Sandinistas a chance to proceed democratically. . . . Thus, Nicaragua’s election has vindicated Washington’s fledgling program of providing public, above-board funding to help democratic procedures take root in countries with authoritarian regimes. (A. 27) Due to the slant that the American government wanted to put on this situation, they only released certain information to the general public, which gave the public a favorable opinion of how the situation was handled. The American government portrayed Sandinista leader Daniel Ortega as a vicious man who tormented his people for years and only lost the his power when he agreed to a democratic election. In reality, however, Ortega won an election in 1984 by quite a wide margin and had been making strides in Nicaragua, until a group of U. S. backed militants began a war with him and his troops. This is the dominant ideology as well. During this time period, the United States was able to use the fact that the Sandinistas are a left wing party, as the Communist Party in the Soviet Union was, in order to gain support for their actions in Nicaragua. The American government to this day continues to tell the people of the United States that U. S. policy aims to continue supporting the consolidation of the democratic process initiated in Nicaragua with the 1990 election of President Chamorro. The United States has promoted national reconciliation, encouraging Nicaraguans to resolve their problems through dialogue and compromise. It recognizes as legitimate all political forces that abide by the democratic process and eschew violence. U. S. assistance is focused on strengthening democratic institutions, stimulating sustainable economic growth, and supporting the health and basic education sectors. (Background Note: Nicaragua) A differing political view, however, is held by Noam Chomsky. He has reported much different happenings in Nicaragua, due to his political angle being much different than the American government’s and the New York Times’. He has reported that â€Å"Nicaragua was†¦exceptional in the strength of that government’s commitment†¦to improving the condition of the people and encouraging their active participation in the development process† (Chomsky 42) which makes the United States’ goal of keeping the Sandinistas out of power seem odd. The real reason why the American government did not want to have the Sandinistas in power was that they believed in distributing wealth evenly among its population. They had a steal from the rich and give to the poor-type of mentality. This goes against the capitalist society that the United States prides itself on. The American government saw that socialism had the potential to work in Nicaragua and was worried about what kind of message that would send to the rest of the world. As it turns out, reports Chomsky, the American government funded the insurgents that caused so many problems for the Nicaraguan government while they were in power. They were provided with American weapons and resources, in order to make the people of Nicaragua believe that the government was not in control of things, in order to make them vote for someone one. None of these things were reported very regularly in American newspapers because of political views and they have changed the way this entire situation has been viewed in history. Throughout history, politics have played a huge role in the way news is reported. The political ideologies held by an individual or agency can impact the story that the public hears. Many times, different agencies will report on the exact same story, but with different results. Other times, the real story does not make it to the mainstream media, but rather comes out later in books and journals. These political views change the way things are reported and also the way things are remembered in the future. It is entirely possible to have your entire memory of an event molded by the network you switched to in order to watch the coverage. Past, present, and future events have all been manipulated by media and this trend will continue because there will always be political bias. Because of this, it is important to get news from as many sources as possible, and make an educated decision on what the real truth is.

The process of industrialisation in Russia Essays

The process of industrialisation in Russia Essays The process of industrialisation in Russia Essay The process of industrialisation in Russia Essay The process of industrialising a country is usually a long and drawn out one, but during the late 20s Staling saw a need for a rapid industrialisation of Russia in order to bring it up to par with the remainder of Europe and the world. Although speeded up, the process took over 10 years, with the death of many. It began at the 15th Congress of the Communist Party of the Soviet Union in December 1927, Joseph Stalin attacked the left by expelling Trotsky and his supporters from the party and then moving against the right by abandoning Lenins New Economic Policy, he insisted that urvival and development could only occur by pursuing the rapid development of heavy industry. The party, under Stalins direction, established Gosplan, a state organization responsible for guiding the country towards accelerated industrialisation. In April 1928 Gosplan released two drafts that began the process that would industrialise the primarily agrarian nation. This 1,700 page report became the basis of the First Five-year. Shifting from Lenins NEP, the first Five-Year Plan established central strength as the basis of rapid, heavy industrialisation. It began he rapid process of transforming a largely agricultural nation consisting of peasants into an industrial superpower. The new economic system put forward by the first Five-Year plan involved a complicated series of planning arrangements. The first Five- Year plan focused on the mobilization of natural resources to build up the countrys heavy industrial base by increasing output of coal, iron, and other vital resources. The increase of resources by state planning expanded the countrys industrial base. From 1928 to 1932, peak iron output, the amount of pig iron being produced rose from 3. 3 million to 6. million tons per year. Coal, the essential product fuelling modern economies, successfully rose from 35. 4 million to 64 million tons, and output of iron ore rose from 5. 7 million to 19 million tons. A number of industrial complexes such as Magnitogorsk had been built or were under construction. In real terms, the workers standards of living tended to drop, rather than rise during the industrialisation. Stalins laws to tighten work discipline made the situation worse, for example, a change to the labour code enabled firing workers who had been absent without a reason from the work place for Just one day. Being fired meant losing the right to use ration and commodity cards as well as the loss of the right to use an apartment and even blacklisted for new employment which altogether meant a threat of starving. Those measures, however, were not fully enforced, as managers often desperately needed to hire new workers Based on these figures the Soviet government declared that Five Year Industrial Production Plan had been fulfilled by 93. 7% in only four years, while parts devoted to heavy-industry part were fulfilled by 108%. Stalin in December 1932 declared the plan a success to the Central Committee. During the second five-year plan (1933-37), on the basis of the huge investment during the first plan, industry expanded extremely rapidly, and nearly reached the plan. By 1937 coal output was 127 million tons, and pig iron 14. 5 million tons. While undoubtedly marking a massive leap in industry, the first Five Year Plan was extremely harsh on industrial workers; quotas were difficult to fulfil, requiring that miners put in 16 to 18-hour workdays. Failure to fulfil the quotas could result in treason charges. Working conditions were poor, even hazardous. By some estimates, 127,000 workers died during the four. Due to the allocation of resources for industry along with decreasing productivity since the beginning of collectivization, a famine occurred. The use of forced labour must also not be overlooked. In the construction of the industrial complexes, inmates of labour were used as expendable resources. But conditions improved rapidly during the second plan. Throughout the 1930s, industrialization was combined with a rapid expansion of education at schools and in higher education. From 1921 until 1954, during the period of state-guided, forced industrialization, it is claimed 3. 7 million people were sentenced for alleged counter- evolutionary crimes, including 0. 6 million sentenced to death, 2. million sentenced to labour camps, and 0. 7 million sentenced to exile. Another key factor in the industrialisation of Russia was collectivisation. In 1928, Russia turned toward mass collectivization. 1928 also marked the end of the NEP, which allowed peasants to sell their surplus on the open market. Demand for food intensified, especially in the USSRs primary grain producing regions. Upon Joining kolkhozes peasants had to give up their private plots of land and property. Every harvest, Kolkhoz produce was sold o the state for a low price set by the state itself. However, the natural progress of collectivization was slow. By 1936, about 90% of Soviet agriculture had been collectivized. In many cases, peasants bitterly opposed this process and often slaughtered their animals rather than give them to collective farms, even though the Government only wanted the grain. Kulaks, prosperous peasants, were forcibly resettled to the Russian Far North. However, Just about anyone opposing collectivization was deemed a kulak. The policy of liquidation of kulaks as a class meant some executions, and even more deportation.

Charles Dickens Essays - Charles Dickens, The Pickwick Papers

Charles Dickens Charles John Huffam Dickens was born February 7, 1812, in Ports Mouth, Hampshire. In his infancy his family moved to Chatham, where he spent his happiest years and often refers to this time in his novels (1817-1822). From 1822 to 1860 he lived in London, after which he permanently moved to a quiet country cottage in Glads Hill, on the outskirts of Chatham. He grew up in a middle class family. His father was a clerk in the navy pay office and was well paid, but his extravagant living style often brought the family to financial disaster. The family reached financial "rock bottom" in 1824. Charles was taken out of school and sent to work in a factory doing manual labour, while his father went to prison for his debt. These internal disasters shocked Charles greatly. He refers to his working experiences in his writings. Although he hated doing labour, he gained a sympathetic knowledge into the life of the labour class. He also brings forth the images of prison and of the lost and oppressed child in many novels. His schooling ended at 15, and he became a clerk in a solicitor's office, then a short hand reporter in the lawcourts (where he gained much knowledge of legalities which he used in his novels), and finally like other members of his family, a newspaper reporter. Here, he got his first taste of journalism and fell in love with it immediately. Drawn to the theatre, Charles Dickens almost pursued the career of an actor In 1833, he began sending short stories and descriptive essays to small magazines and newspapers. These writings attracted attention and were published in 1836 under the name, Sketches by "Boz". At the same time, he was offered a small job of writing the text for a small comic strip, where he worked with a well know artist. Seven weeks later, the first instalment of The Pickwick Papers appeared. Within a few months Pickwick was the rage and Dickens was the most popular author of the day. During 1836, he also wrote two plays and a pamphlet, he then resigned from his newspaper job, and undertook the editing job of a monthly magazine, Bentley's Miscellany, in which he serialized Oliver Twist (1837-1839). By this time, the first of his nine surviving children had been born, He had married Catherine, eldest daughter of a respected journalist George Hogorth (April 1836). Novels His first major success was with The Pickwick Papers. They were high spirited and contained many conventional comic butts and jokes. Pickwick displayed, many of the features that were to be blended in to his future fiction works; attacks on social evils and the delight in the joys of Christmas. Rapidly thought up and written in mere weeks or even days before its publication date, Pickwick contained weak style and was unsatisfactory in all, partly because Dickens was rapidly developing his craft as a novelist while doing it. This style of writing in a first novel, made his name know literally overnight, but created a new tradition of literature and was made one of the best know novel's of the world. After The Pickwick Papers were published in 1837, he put together another novel, Oliver Twist. Though his artistic talent is very much evident, he refrained from using the successful formula used in The Pickwick Papers. Instead, Oliver Twist is more concerned with social and more evil, though it did still contain much comedy. The long last of his fiction is partly due to its being so easy to adapt into effective stage plays. Sometimes 20 London theatres simultaneously were producing adaptations of his latest story; so even non- readers became acquainted with simplified versions of his works. In the novel Barnaby Grudge he attempted another type of writing, a historical novel. It was set in the late 18th century and graphically explored the spectacle of large scale mob violence. The task of keeping unity throughout his novels (which often included a wide range of moods and materials and several complicated plots involving scores of characters) was made even more difficult because he was forced to write and publish them, while also doing on going serials. His next major work, and probably his most famous was published in 1843, and was called A Christmas Carol. Suddenly conceived and written in mere weeks, while he was preoccupied in writing another serial, it was an unmatched achievement. His view of life was described as "Christmas Philosophy," and he spoke of "Carol philosophy" as the basis of his work. He

Importance of Recruitment and Selection in the Public Sector Essay

Importance of Recruitment and Selection in the Public Sector - Essay Example Alternatively, the organization may outsource the recruiting services from a recruitment centre, which specializes in ensuring that the right workforce with the right skills receives employment at the right time from the organization. However, other HR practitioners has less involvement with recruitment and selection because these activities are delegated to line managers or outsourced, leaving the in-house practitioners limited to a few activities or overseeing the process (Tinzer, 2002:154). Recruitment and selection are the core roles of HR practitioners, although there are other activities that affect the policy of an organization and the external environment. These include business contraction or expansion, employment legislations, skills shortage and the general economic climate. Regardless of the economic climate, the process of workforce planning is not necessarily simple. Organizations must predict workforce requirements in line with future corporate objectives. Over the yea rs, the employment situation has shifted from a seller’s market to a buyer’s market and back again, especially in the public sector, thus the approach and time spent by HR practitioners need to anticipate and reflect this (Adams, 2007:97). This paper seeks to evaluate and analyze the context within which public sector recruitment occurs, as well as the factors affecting recruitment, the impact, and place of employment legislation. Additionally, the paper seeks to provide an overview on the recruitment and selection process in the public sector, considering both skills and activities (Saunders, and Thornhill, 2009:65). Demographics The impact of two factors is evident on the nature of the UK workforce, both with relation to recruitment and selection processes: demographic changes, and the adoption of traditional working patterns, which include significant growth in outsourcing. The workforce is set to diversify in terms of ethnic balance, age, and gender, drawing upon c hanges already occurred (Hyde et al., 2001:137). Concerning gender, there is a continuous trend of more women entering the labour market, raising important issue such as provision of childcare and equal pay. Concerning age, the greater longevity and falling birth rates mean that the about 46% of the UK population will be past 50, compared with only 33% in 2002. The changes in pension will also have significant impacts in this area, forcing many people to work longer. Concerning ethnicity, the government estimates that the net migration will by 2020 account for over 40% of the growth in the labour market (Caplin, and Dwyer, 2000:94). All the above issues are complex and important, thus public sector organizations need to take serious considerations during recruitment and other employment activities. Employers need to attract and retain a diverse workforce (Walliman, 2009:81). The complexity of these issues is evident from analyzing and evaluating one of the elements above: age. To ma ximize the participation of employees from different age groups as well as encourage generational diversity, the needs and expectations of each group will need consideration in designing the jobs, in induction and in recruitment activities into the organization. Although their expectations are not homogeneous, there are

The role of a dissertation committee Essay Example | Topics and Well Written Essays - 750 words

The role of a dissertation committee - Essay Example Indeed, the dissertation committee "has several critical functions" (Studies, 2006) which is why the committee members are selected with tremendous caution. While the committee initially may serve as an invaluable resource to the candidate during the formulation, research and writing phases of the dissertation, they also provide important feedback, guidance and maintain that the efforts of the candidate are properly guided. Furthermore the committee is responsible for conducting a formal defense of the dissertation proposal before the student proceeds further. (Studies, 2006) The chair is responsible for ultimately guiding the doctoral candidate into creating a piece that is original and a worthy contribution to their field. The dissertation committee additionally serves the graduate school and the faculty of the graduate school.. This is done by providing the perspective of one who is not a specialist on the quality of the dissertation. Thus it cannot be said that the committee mere ly assists and represents the student. Their role must not and should not be minimalized as the court in Johnson did.. Note that the judge does not take a position on whether Yale owes a fiduciary duty to Johnson, but allows him to attempt to demonstrate this duty in court. What aspects of the relationship between a graduate student and her faculty advisors might create a fiduciary relationship How does this relationship differ from that of the attorney/client or trustee/beneficiary relationship It is easy to see a fiduciary relationship based upon the supervisory relation between the student and the dissertation board. What is lacking, however and unlike the attorney/client and trustee/beneficiary relationship is the actual payment of fees for that professionals services. A university is paid for the education, but the dissertation committee is not paid directly. I think that there is a somewhat different relationship. Honestly, the answer lies in what the court of a particular jurisdiction defines as a "fiduciary duty. Internet surfing indicates that fiduciary duty is defined as the trust relationship between two people but notably refers to attorneys as an example.1 While there is a relationship between the student and the dissertation committee, I do not think it rises to the level of fiduciary duty. In the CPM, read the case Grutter v. Bollinger and answer Questions 3 and 4 in at least two pages. 3.The Grutter majority opinion (like the Gratz majority opinion) applies "strict scrutiny" review to the affirmative action plan at issue. Why does strict scrutiny review apply here What are the components of strict scrutiny review The dissenting Justices also agree that strict scrutiny review applies, but they disagree with the way in which the majority applies strict scrutiny. What is the crux of this disagreement The reason why the strict scrutiny test is applied is because any issue with regards to race must have more than a mere governmental interest for the government to intervene in any matter, there must be a strong basis and not simply opinion but actual evidence to go with it. These are the components of strict scrutiny review. The reason for the splintering of the Justices, I believe, was best said by Justice Powell, who was careful to emphasize that in his view race "is only one element in a range of factors a university properly may consider in attaining the goal of a heterogeneous student

Maryland's Ecosystems and Environment Essay Example | Topics and Well Written Essays - 750 words

Maryland's Ecosystems and Environment - Essay Example Maryland’s Local and Surrounding Ecologies and Environments In an article entitled â€Å"Maryland’s Environment: A 20,000 Year History of Change† published online, it was revealed that the state exhibits an ecologically diverse landscape accurately described to include river systems in areas such as the Chesapeake Bay, the Delaware River, and the Ohio River drainages; mountain ranges; granite bedrocks; unconsolidated sediments; among others (Maryland's Environment, n.d.). Likewise, it was also noted from the discourse that Maryland’s flora share the same diversity as these evolved from growth spurring from a variety of soils, climates and the state’s local hydrology (Maryland's Environment: A 20,000 Year History of Change, n.d.). In another published report, the ecologies and environments at Maryland were also described as varying natural resources from oceans, barrier islands, beaches, tide marshes, estuaries, low-lying farmlands, rolling hills, mo untain ranges, valleys and plateaus (Maryland Department of Natural Resources, 2003). Specific Factors that Distinguish Maryland’s Ecology and Environment From the historical background, it was evident that the specific factors that distinguished Maryland’s ecology and environment include: large scale, massive climatic change, human settlers and their changes in adapting and adjusting to the environment, and contact and colonization of North America, among others. As emphasized, there was manifested destruction in habitat due to hunting activities that were found to be unregulated. In addition, other factors such as â€Å"increased competition from introduced exotic species and diseases resulted in the wholesale decline in wilderness-dependent species and a corresponding rise in species that favored agricultural landscapes and human habitation sites. This decline and loss has significantly disturbed Maryland’s ecological balance† (Maryland's Environment: A 20,000 Year History of Change, n.d., p. 10). How Human Activities have Affected Maryland’s Ecosystems Human activities have affected Maryland’s ecosystems through an interplay of related acts of men; ranging from the basic physiological needs (food, clothing, shelter) to improving sources of livelihood and transportation. As population increased, the local natural resources were utilized to the point of exploiting their maximum potentials. This fact was corroborated by the Maryland’s Department of Natural Resources which identified tremendous increases in population and in converting land uses from agricultural to industrial have significantly affected and altered the original state of Mayland’s natural resources and ecosystems. As revealed, from the reported historical events of Maryland, the description of the natural environment included â€Å"a rich estuary flanked by marsh and swamplands, intertwining waterways, a gentle plain of locally-diverse f orests, and a network of human communities concentrated in riverside villages where Native Americans plied waterways and trails and managed hunting grounds, nut groves, and gardens† (Maryland's Environment, n.d., p. 7). Ways that Global Warming might Affect Maryland’s Ecosystems According to the report published by the National Audubon Society (2012), global warming significantly affects all facets of human life, including the lives of other organisms,

Contract Law Essays XYZ Building Services Ltd

Contract Law Essays XYZ Building Services Ltd X, the MD of XYZ Building Services Ltd, is considering drafting a standard set of terms and conditions to use in contracts with his customers. Write a report for him explaining What steps he needs to take to ensure that the standard terms are in fact part of any contract he makes with a customer The extent to which he is free to include any term he wants in his standard terms and The provisions of contract law about termination and breach of contract which he may wish to take into account when drafting his standard terms. Background: In order for the customer and XYZ to be bound by standard terms and conditions there should be a set of criterion filled. These conditions should be treated as exclusion clauses as they are the extreme conditions to be enforced. For these standard terms and conditions to be enforced there needs to be a valid contract, which means that four requirements have to be fulfilled. A valid contract must have the following elements; offer; acceptance; consideration; capacity; and intention. These are present in this contract when XYZ offers his work and the customer accepts verbally or in writing. There is also intention because there is an understanding that XYZ will turn up to work on a certain day and the customer will pay a certain fee, which is evidence of consideration as the customer is at a disadvantage.This is a valid contract, however the next area to explore is whether the exclusion clause and standard terms apply because the customer has never worked with XYZ and at the verbal con tract point does not indicate what his usual terms and conditions are. Basic Requirements of Ensuring Enforceable Standard Terms and Conditions: Under contract law there are only three ways that they can be incorporated which are: By signature even if they are not read; By notice where there has to be sufficient notice By custom where there have been previous dealings between the parties even if the clause is added in later. In every case XYZ should ensure that there is case is a signature in case there is no indication of previous dealings, hence the customer may not bound by these conditions yet. Therefore one has to consider the case of notice, off hand there is no notice as XYZ fully indicates what these conditions   and the question is whether the average person would have notice, especially as XYZ is an builder and the customer as a business and these could be construed as standard conditions in the business; but this would be easy to prove as notice was given due to XYZ giving these terms and conditions before the contract was agreed and giving a good indication of their nature at this level. Unenforceable Standard Terms and Conditions In every case that a signature is required it gives rise to the opportunity where the terms were fully expressed but under contract law there could be one problem with the contract if the customer has received the contract in their hands and failed to read it the case of Alderslade v Hendon Laundry Ltd if the exclusion clause can only be construed in negligence and in certain circumstances then it is applicable and as The customer received the usual terms and conditions before XYZ started the work, i.e. they had a chance to end the contract then they are bound by them. However, the case of White v John Warwick Co has held that liability for negligence will not normally be excluded. Therefore it is still very confusing whether XYZ is excluded from the damages that the customer is seeking, therefore the statutory provisions of the UCTA and Sale and Supply of Services Act 1982 (SGSA). Is XYZ is liable for the damages that a customer may ask for? In response there is little evidence in whether the exclusion clauses should be supported or not. Under UCTA Section 2 it holds that negligence cannot be excluded in respect to personal and/or death bat all. In relation to other loss/damage liability cannot be excluded unless there is reasonable notice. Section 11 holds that the reasonable test is that the term is fair and reasonable and whether the individual should have reasonably known or in contemplation of when the contract was made. This is similar to the case law discussion; however it is written from the point that negligence can not be excluded except in strict circumstances. There was no real notice in this case, especially when the verbal contract was made. Therefore it is very likely that this clause will not be upheld as the case of Andrews Bros (Bournemouth) Ltd v Singer and Co Ltd holds that exclusion clauses against the party seeking to rely on them. Yet in relation to the damages to the customer it has to be determined if there is remoteness of damage, whereby monetary compensation can be claimed for a failure to perform a primary obligation as this is a breach and/or the loss for any breach of a secondary obligation. In respect to the negligence that has caused personal injury to persons the law states that this cannot be excluded under Section 1(2) of the UCTA, therefore it has been shown that the customer may claim for this. Reasonableness Test, Breach and Questionable Standard Terms and Conditions Again we must turn to whether there is reasonable notice to exclude liability and under the SGSA Section 16 where restricting liability for breach of implied terms arising from Sections 13-15 is subject to the reasonable test and provisions of the UCTA, where the reasonableness test is based upon the common law officious bystander test that is defined in Sir Law v Southern Foundries Ltd which is a stricter test for exclusion clauses where it has to be so reasonable and that the notice is sufficient that the officious bystander would agree to its terms. This basically holds that there are implied terms such as a reasonable quality of goods and services and that it should be completed in a reasonable quality and should be usable. This means that the exclusion of liability for faulty equipment and liability for faulty work cannot be excluded. This means that these two exclusion clauses cannot be upheld. In respect to the negligent completion of work i.e. was there reasonable excuse for the negligence. Yet it was an express term of the contract and without reasonable excuse this exclusion clause it is possibly not going to be upheld, this is rule from an early common law principle. Yet there is the question whether this is reasonable exclusion for the trade.   However, as in the case of Edmund Murray Ltd v BSP International Foundations Ltd it was held that it was not fair and reasonable for the party in breach to rely on an exclusion clause for failing to meet the specifications of the other party. Therefore this again will be subject to the reasonableness test where the test applied to the whole term and to the particular reliance on it. Therefore if it is a specific term of the contract to be finished by the certain date and made clear by The customer and XYZ did this as it was then it is very likely it can be excluded because it is a trade standard. Finally, if one considers the Unfair Terms in Consumer Contracts Regulations 1999 (UTCCR) if the term does not create an unfair balance in detriment to the consumer it can be upheld. Yet as this does create an unfair balance and puts the customer at a loss then they will be protected from the exclusion clause as a consumer, even though she is acting for her business. However are the circumst ances of this variation sufficient enough for the customer to claim? If the swimming pool was properly marked the work would have been finished within the time period would variation to the contract be acceptable? Therefore is there a reasonable excuse for the variation and did both the customer and XYZ have equal bargaining power? The first question to ask is whether the circumstances that lead to the variation of the contract would have frustrated the contract, if the variation is perfectly acceptable as long as the customer was not put under duress to accept the new terms. Bibliography J. Beatson (1998) Anson’s Law of Contract 27th Edition, Oxford University Press Buyer (The), 2002, Aspects of Frustration, Buyer 24(12) Groves,   2004, Force Majeure,   Bus Ad 2.10 (2) David Kelly, Ann Holmes Ruth Hayward (2002) Business Law 4th Edition, Cavendish Lunney Oliphant, 2000, Tort Law: Text Materials, Oxford Uni Press Ewan McIntyre, (2004) Business Law, Longman