DiscussionCar Loans And Insurance Example

DiscussionCar Loans And Insurance Example DiscussionCar Loans And Insurance †Coursework Example Vehicle Loans and Insurance affiliations Car Loans and Insurance The benefits of renting a vehicle incorporate lower regularly scheduled installments with no or abominable installments. The customer additionally encounters no deterioration worries since the vehicle is possessed by the bank or money related organization. The cons of renting a vehicle are that it draws in gigantic month to month premiums and miles directed by the bank or money related organization. The upsides of buying a vehicle incorporate the inevitable responsibility for vehicle once the installments are finished. The customer has the power to alter the vehicle and adjust extras and never stress over the mileage. The weaknesses of buying a vehicle incorporate higher regularly scheduled payments, and the customer needs to consider the deterioration and fix costs than when purchasing a vehicle. Settling on buying and renting a vehicle would rely upon the planned use and the predominant money related status (Delbridge , 2015). Rent organizations in Hawaii necessitate that rent purchasers secure hole protection on their cars. The protection supplier gives the aggregate sum identifying with the estimation of the rented vehicle at the hour of the absolute misfortune in the event of an extensive or the crash inclusion. Where the vehicle has been bought, the proprietor can procure lower rate protection spread from a protection supplier of decision. For the most part, the rent protection premiums in Hawaii are higher than those of a bought vehicle. The distinction happens because of the prerequisites put by the renting association (Carlozo, 2015). Different factors that influence the protection premiums incorporate the vehicle model with some viewed as more secure than others by the insurance agencies. The other factor is the client’s driving record and their financial record. A driver prone to cause more mishaps and has a poor FICO score is required to pay higher premiums. The age and the conju gal status are additionally considered by most, yet not all insurance agencies while deciding the exceptional rates. To guarantee lower premiums, one ought to keep up a spotless record, take a cautious driving course, improve the FICO assessment, and guarantee there are no pointless inclusion (Carlozo, 2015).ReferencesCarlozo, L. (2015). Why you should (Almost) never rent a vehicle. Recovered from moneyunder30.com/why-you-should-never-rent a-vehicle Delbridge, E. (2015). Advantages and disadvantages of renting versus purchasing a vehicle - Car protection. Recovered from http://carinsurance.about.com/od/CarLoans/a/Pros-And-Cons-Of-Leasing-Vs-Buying-A-Car.htm

Revolution in France, Latin America, and British North America :: Peasuasive Argumentative History Essays

Unrest in France, Latin America, and British North America One potential meaning of an unrest is a demonstration of sorted out savagery to realize radical changes in the financial, social and political relations inside a given framework. It utilizes power to crush (now and again genuinely) and supplant the individuals who hold power. Using this definition, can the occasions on France, Latin America and British North America in the period 1776-1820 be viewed as upheavals? Are some more progressive than others? Numerous progressions happened during the nineteenth century with the mechanical unrest. The upheaval, on the off chance that we can consider it that, began in Britain with the presentation of new hardware that subbed labor. These new apparatuses, first in the material business and afterward in others, were utilized in manufacturing plants to make large scale productions, of materials on account of the material business. This new capacity to make large scale manufacturing of materials rapidly and with the nature of the most costly material in the market, made incredible changes, in Britain, yet in addition in different nations. The costs of materials drop definitely, which made is feasible for needy individuals to manage the cost of it. This was a generally excellent change, since individuals got the opportunity to live with somewhat more solace. Another constructive outcome of the modern transformation in Britain, is that the recently made industrial facilities made a great deal of employments. This employments gave another open door for rancher; they started to consider themselves in an unexpected way, and huge numbers of them moved to the city, to accept a position in a production line. Like any adjustment throughout everyday life, the mechanical upset additionally had negative impacts. A lack of food was one of these negative impacts. The individuals that moved to the city lost the capacity to take care of themselves, and the couple of ranchers who remained scarcely created enough to take care of their families, so there was spot to get enough food to take care of every one of those laborers. Lodging was another developing issue in Britain. The urban communities in Britain grew quick, exceptionally the regular workers neighborhood which were developed for assembly line laborers to live in on the grounds that they couldn't bear the cost of whatever else. In any case, this advancement couldn't stay aware of the expansion in populace, so rapidly the working neighborhoods became stuffed, and afterward amazingly packed. The day to day environments of the regular workers in the urban communities rotted as quick, or considerably quicker as the populace expanded.

How to Combat Writers Block and Finish Your College Essay

How to Combat Writers Block and Finish Your College Essay How to Combat Writers Block and Finish Your College Essay How to Combat Writers Block and Finish Your College Essay So you’re two hours deep into your college essay and you just can’t seem to get anything good down on paper! We know what that feels like, we’ve all been there! Here are 4 tips on how to overcome the beast that is writer’s block. Flip your topic on its head Maybe the way you’ve been thinking about writing your essay has limited your options! Think about the different ways you could tell your story. Could you start with the middle or end? Have you included any meaningful dialogue? Is there a small part of the story that you could highlight? Try writing your story from someone else’s point of view or reworking your outline. Get Everything Down You can only fight for so long. If you know what you want to say but can’t seem to say it well, write it down anyway. It will be easier for future you with creative thoughts of gold to clean up the mess if there’s something already there. Do you know how hard it is to build a home without a foundation? Be okay with writing something that doesn’t live up to your expectations. You can fix it later. Walk away We know that the last thing you want to do is leave your laptop without having anything to show for the time you spent in front of it but a change of scenery and short break can do wonders for letting your brain reload with awesome ideas! Take fifteen minutes to get a glass of water, eat a slice of pizza, or solve a Rubiks cube. Purposefully distract yourself, so when it’s time to revisit your Word Doc you’re out of the rut.   Remind yourself of the essay’s purpose When you’re deep in the college application process, it can be easy to think of the personal and supplemental essays as horcruxes you need to destroy, but instead remember why Admissions is making you do this. There are so many similarly qualified applicants that they are comparing you against and without a window into your soul, they’re left to play eenie meenie miney mo. Writing a great essay is making their job easier.  Maybe visit your dream school’s website for some motivation or to remind yourself why you’re sitting here trying to crank this out you’re trying to invite Admissions into your life and mind in 650 words to distinguish yourself from the competition. What is awesome about you? With your new perspective, you might just be able to wiggle your way out of the writer’s war zone and into college essay success. About Kat StubingView all posts by Kat Stubing » Need help writing your essay? We're here to help. CONTACT US »

Slave Revolts in Ancient Italy

According to Barry Strauss in * prisoners of war enslaved at the end of the Second Punic War rebelled in 198 B.C. This slave uprising in central Italy is the first reliable report of one, although it was surely not the first actual slave uprising. There were other slave uprisings in the 180s. These were small; however, there were 3 major slave revolts in Italy between 140 and 70 B.C. These 3 uprisings are called the Servile Wars since the Latin for slave is servus. First Sicilian Slave Revolt One leader of the slave revolt in 135 B.C., was a freeborn slave named Eunus, who adopted a name familiar from the region of his birth—Syria. Styling himself King Antiochus, Eunus was reputed to be a magician and led the slaves of the eastern section of Sicily. His followers wielded farm implements until they could capture decent Roman weapons. At the same time, in the western part of Sicily, a slave manager or vilicus named Kleon, also credited with religious and mystical powers, gathered slave troops under him. It was only when a slow-moving Roman senate dispatched the Roman army, that it was able to end the long slave war. The Roman consul who succeeded against the slaves was Publius Rupilius. By the 1st century B.C., roughly 20% of the people in Italy were slaves—mostly agricultural and rural, according to Barry Strauss. The sources for such a large number of slaves were military conquest, slave traders, and pirates who were particularly active in the Greek-speaking Mediterranean from c. 100 B.C. Second Sicilian Slave Revolt A slave named Salvius led slaves in the east of Sicily; while Athenion led the western slaves. Strauss says a source on this revolt claims the slaves were joined in their lawlessness by impoverished freeman. Slow action on the part of Rome again permitted the movement to last four years. The Revolt of Spartacus 73-71 B.C. While Spartacus was a slave, as were the other leaders of the earlier slave revolts, he was also a gladiator, and while the revolt centered in Campania, in southern Italy, rather than Sicily, many of the slaves who joined the movement were much like the slaves of the Sicilian revolts. Most of the southern Italian and Sicilian slaves worked in the latifundia plantations as agricultural and pastoral slaves. Again, local government was inadequate to handle the revolt. Strauss says Spartacus defeated nine Roman armies before Crassus defeated him.

Essay about Evaluation of Death of a Salesman by Arthur...

Evaluation of Death of a Salesman by Arthur Miller The play was written by Arthur Miller who was born in Manhattan in 1915 by Jewish immigrant parents. He witnessed the depression and the failing of his fathers businesses. He went to college at the University of Michigan well he wrote and worked with plays. He wrote Death of a Salesman in 1948 in a small Connecticut studio. The play took place in the great depression where a struggling business man tried to provide for his family. He has been working for years and is becoming very tired and crazy. He dies a sudden death in the end and he never completes the dream he wanted to as a salesman. As soon as the play starts you get a feel for what the play is going to be like. Its†¦show more content†¦To live the American dream was very hard then and is becoming very hard now we can all relate to that. We try to be well like, have a good personality, and want good modern things American life offers us but some fail just lik e Willy. He doesn’t have a good personality its gritty you can see this when he called Bernard a nerd and also says, â€Å"Bernard is not well liked is he?† (line 481). This lets you know how he feels about him and this happens in everyday society because he is smart people called them geeks but they are the ones who will be successful in life. Betrayal is also a big issue in the story. Willy feels betrayed by Biff because he is not going to be a business man like his father. Biff can’t find his way in life. Everyone at my age can relate to that. Fathers and mothers have expectations for us and want us to follow in their footsteps when it is truly not what we want. We strive to figure out what we want to do and receive from life just as Biff did all through the play. He is a character of importance that everyone can relate to. He is much different that Happy who is big in the business world like his father and for that he is admired more than Biff is. But you see inside Happy is not as happy as it appears he is lonely and has betrayed so many people as stated, â€Å"I went and ruined her, and furthermore I can’t get rid ofShow MoreRelatedarthur miller1937 Words   |  8 PagesWorld War II, American theater was transformed by the work of playwright Arthur Miller. Profoundly influenced by the Depression and the war that immediately followed it, Miller tapped into a sense of dissatisfaction and unrest within the greater American psyche. His probing dramas proved to be both the conscience and redemption of the times, allowing people an honest view of the direction the country had taken. Arthur Miller was born in Manhattan in 1915 to Jewish immigrant parents. By 1928, theRead MoreWhat Do the Flashbacks Sequences in ‘Death of a Salesman’ Contribute to Our Understanding of Willy Loman’s Character?1459 Words   |  6 PagesThe word expressionist has been applied to Arthur Miller as a playwright. This is relatively accurate as ‘Death of a Salesman’ features some of the early expressionist characteristics such as Miller dramatizing the sufferings of his characters. Willy is the character that suffers most and it is dramatized at different points in his life. For example when Willy is first made to work on commission and then is not even allowed to work on commission. Miller also likens his characters to mythic figuresRead MoreThe Changing Relationship Between Individual and Society in Modern Drama3272 Words   |  14 Pages1930s and 40s, German-born writer Bertolt Brecht, produced a series of plays following ideologies common of Nihilist and later Marxist values; Following the second world war, Arthur Miller wrote to American audiences that individuals and their society are equally damning forces on one another. By following Ibsen, Brecht and Miller, three authors from three different countries, backgrounds and time frames, it is possible to witness the changing relationship between individuals and society in modern dramaRead MoreAnalysis And Assessment Of The Use Of Ellipsis5615 Words   |  23 Pagespractical part of this study; it is devoted to the analysis of ellipsis found in Drama and Novel. Having discussed ellipsis in English, the present chapter will concentrate on analyzing two different literary texts: Drama and Novels, namely, Death of A salesman and The Old Man and the Sea. In the analysis of data, both texts are approximately the same length, which will be analyzed then they will be compared from the viewpoint of the use of ellipsis in order to point out similarities and dissimilaritiesRead MoreDeve loping Management Skills404131 Words   |  1617 PagesLocus of Control Scale 52 Tolerance of Ambiguity Scale 54 Core Self-Evaluation Scale (CSES) 56 SKILL LEARNING 57 Key Dimensions of Self-Awareness 57 The Enigma of Self-Awareness 58 The Sensitive Line 58 Understanding and Appreciating Individual Differences Important Areas of Self-Awareness 61 Emotional Intelligence 62 Values 65 Ethical Decision Making and Values 72 Cognitive Style 74 Attitudes Toward Change 76 Core Self-Evaluation 79 SKILL ANALYSIS 84 Cases Involving Self-Awareness 84 Communist PrisonRead MoreStrategic Marketing Management337596 Words   |  1351 PagesDistribution strategies and the distribution plan 12.15 Channel management 12.16 The ‘soft’ elements of the marketing mix CONTENTS ix 12.17 Integrating the elements of the marketing mix 12.18 Summary Stage Four: Which way is best? Strategic evaluation 13 Criteria of choice 13.1 Learning objectives 13.2 Introduction 13.3 Financial versus non-financial criteria; effectiveness versus efficiency 13.4 Financial criteria 13.5 Non-financial criteria 13.6 Multiple criteria 13.7 Summary 14 Modelling approachesRead MoreMarketing Mistakes and Successes175322 Words   |  702 PagesMANAGER ASSISTANT MARKETING MANAGER MARKETING ASSISTANT DESIGN DIRECTOR SENIOR DESIGNER SENIOR MEDIA EDITOR George Hoffman Lise Johnson Carissa Doshi Dorothy Sinclair Matt Winslow Amy Scholz Carly DeCandia Alana Filipovich Jeof Vita Arthur Medina Allison Morris This book was set in 10/12 New Caledonia by Aptara ®, Inc. and printed and bound by Courier/Westford. The cover was printed by Courier/Westford. This book is printed on acid-free paper. Copyright  © 2009, 2006, 2004, 2001Read MoreCrossing the Chasm76808 Words   |  308 PagesWhen the screen fades to the credits, yet another venture rides off to join the twilight companies of Silicon Valley-enterprises on life support, not truly alive and yet, due in part to the vagaries of venture capital accounting, unable to choose death with dignity. Now, it is possible that this parable overstates the case—I have been accused of such things in the past. But there is no overstating the case that year in and year out hundreds of high-tech start-ups, despite having good technologyRead MoreMarketing Management 14th Edition Test Bank Kotler Test Bank173911 Words   |  696 Pagestrains his companys sales force to go after the consumer. He repeatedly asks his team to bear in mind the essential fact that it is the sales teams responsibility to rouse the consumers interest and make him feel that he needs the product. A true salesman is one who can convert an indifferent consumer walking into the store into a new customer. Johnson believes in the ________ concept. A) product B) production C) selling D) marketing E) social responsibility Answer: C Page Ref: 18 Objective:Read MoreManaging Information Technology (7th Edition)239873 Words   |  960 Pagesthe sixth edition, who helped make the seventh edition better: T.C. Bradley, III, Indiana University; Chiang-Nan Chao, St. John’s University; Abbas Foroughi, University of Southern Indiana; Richard Gram, Worcester Polytechnic Institute; Georgia Miller, Indiana University-Purdue University at Columbus; Ezra Rhein, Brooklyn College; Robin Starnes, Texas AM University; Manouchehr Tabatabaei, Georgia Southern University; Nolan J. Taylor, Indiana University; and Patricia White, Troy University.

The Supreme Approach for Professional Research Paper Help

The Supreme Approach for Professional Research Paper Help The Awful Side of Professional Research Paper Help Obviously, it is completely fine to get aid from a company offering the ideal research paper writing help so as to be assured of your academic excellence. Research paper writers are amazingly skilled in their role, and are the principal reason why we are ready to offer this kind of impressive service to our clientele. When you are just about to choose custom research paper writing services, you're usually looking for a trustworthy and very affordable company with competitive advantages compared with other academic writing businesses. There're several reasons you need to employ custom research paper writing services. Professional Research Paper Help Fundamentals Explained A superb on-line service provider delivers multiple way of contact aside from the site or email. An individual can also visit the home page of a university research guide directory such as. When you o rder research papers online, you don't need to devote a great deal of time filling out various forms with useless info. Therefore, in regards to research paper assistance, you will not discover a better partner than Us. What Professional Research Paper Help Is - and What it Is Not There's no magic formula for writing a thriving research paper. It's a fact that many on-line writing services are now able to assist you with complete an ideal research paper, not all of these are the very best. In reality, for quite a few, the true research' element of a research paper is the simple part. Big or little, writing a research paper is a large amount of work. Which is why the majority of the students today hire professional research paper writers to aid them with the papers. Students still must find great grades on research paper writing assignments in spite of the fact that writing a high quality research paper is nerve-racking and time-consuming. To make sure an accurately written research paper the prospective students must pick the topic carefully. We're the academic writing service you are able to trust. The best strategy is to use a trusted and legit writing service like PapersOwl! Research papers online may be a pricey service in the event you don't approach it right. The custom made research papers supplied by research paper services provider must follow all of the customer's instructions. You are able to easily discover our college paper writing service and we are going to cope with the remainder of the things. Our SuperiorPapers writing services are operating in the marketplace for a long time already and if you're sear ching for the trustworthy business you are at the most suitable place. You should work with experts that understand how to observe time, people which won't only satisfy your demands but also do so on time. Each of the aforementioned listed service options are made to help you conserve time, money and receive the most out of your experience with us. The Meaning of Professional Research Paper Help Our research paper writers can only assist you once you provide a comprehensive set of instructions, or you'll have wasted your money. Therefore, you will always get a distinctive paper composed especially for you. Therefore, you won't need to wait until the entire paper is written to look at its quality. Generally, our research paper writing service delivers the paper in front of a deadline to allow it to be feasible that you check and request amendments if they're needed. The Number One Question You Must Ask for Professional Research Paper Help If you aren't, simply tell us and we 'll ensure it is right. Even in case the subject of your term paper is extremely specific and demands an in-depth comprehension of a particular area, we can help you. Such papers deal with most academic disciplines and in a number of cases take an appreciable period of time to finish. The Unexposed Secret of Professional Research Paper Help Also, in the majority of academic writing services there's a chance to order an expert adjustment to your work in order to rise the quality, uniqueness, and professionalism of academic work. Even though there are many websites where it is possible to use the very same function, we can explain to you why our service is at the very top of all of the others. A large quantity of work also can often and significantly decrease the standard of the last work, which might decrease your probability of receiving a high grade from the teacher. Work at height need to be performed from fixed or cellular platforms with railings made for the job at hand. All our on-line research paper writers have been precisely where you're now and, over time, they've collected some helpful strategies and tricks that ensure each document they deliver exceeds your expectations. Research articles are rather complex in writing and require considerable professional abilities, so if you're not certain about your own writing abilities it's much better to get support from professional research paper writers. In addition, you may attempt to get support from the authors (by e-mail). College paper is a sort of academic assignment at which you must prepare an overview of a specific subject, analyze a selected topic and consistently express your suggestions and arguments. Hence, in case you have poor writing ability, you're not confident if your professor will be content with your paper, the latter choice is appropriate for you. All the students may place their paper orders with no apprehensions. The Debate Over Professional Research Paper Help Natur ally, individually prepared works have fewer odds of having copied sentences but allow us to tell you one thing that you most likely haven't heard about. Thus, at the conclusion of the day, you'll be in a position to submit a high-quality Research paper help Online with no worries in any way. Acquiring help with this kind of academic research paper will stop you from getting bad grades. Though many students need academic support, not all of these ask for it. The Debate Over Professional Research Paper Help Furthermore, allowing students to pick the genres they include in their multigenre research papers will enable them to recognize that every piece. There are various college research paper topics to choose from so it's important choose wisely decide on a topic that you would like to know more about and you're going to be in a place to discuss broadly. Students that are in search for a fantastic source to write research papers are now able to be relaxed. There are lots of co llege students who find it quite tough to create a well-written research paper independently.

Basic Concepts in the Law of Contracts free essay sample

Kevin Werbach BASIC CONCEPTS IN THE LAW OF CONTRACTS Contracts are essential to business. They are a legal mechanism used in every industry and every part of the world to structure relationships among firms, and with customers, partners, and suppliers. Over several centuries, the law governing contracts has developed a large number of doctrines. Most are consistent with common sense, but unless you know what the rules are, you can easily make a mistake. This document introduces the fundamentals of contract law most relevant to businesspeople. Important legal terms are italicized. What is a Contract? And what is Contract Law? Legally, a contract is a set of promises that the law will enforce. We make promises all the time. Only some of them – the ones that meet the contract formation requirements listed below – are legally enforceable. That means the legal system, in the form of courts, can step in to order some action or payment for violation of the contract. Contracts are therefore private deals with the possibility of public (governmental) enforcement. Of course, there are many reasons to fulfill promises other than legal obligations. Reneging on promises may be unethical, or may result in a loss of goodwill or reputation as costly or more so than anything a court can impose. The general principles of contract law are fairly universal around the world. However, specific rules vary from country to country. In common law countries such as the United States and Great Britain, most of the legal doctrines governing contracts have been developed by courts over the centuries. In civil law countries such as those in Continental Europe, most of the terms of contract law are specified through comprehensive legislative codes. Even in the U. S. , some aspects of contract law are regulated by legislation. Certain classes of contracts involving employment, securities transactions, health care, and consumer financial transactions are subject to regulations that supersede the general principles of common law. Commercial contracts for the sale of goods (as opposed to services like consulting) are covered in virtually every state in the U. S. y the Uniform Commercial Code, which imposes specific statutory requirements. And certain contracts are made unenforceable by the Constitution: for example, a provision that a house may not be sold to a certain racial or ethnic group. Parties negotiating a contract each believe they will benefit from the agreement. For example, a corporation purchasing a license for enterprise software believes the benefit from the software wil l exceed the price it pays, and the software vendor believes the price will exceed sum of expected costs for providing access to its product. When parties enter into a contract, therefore, they generally do not expect it to be breached (violated), or to resort to the legal system. However, they recognize that sometimes a partner may make a promise with good intentions, and later fail to fulfill it, or that circumstances may chance in some way. When evaluating contracts, courts will generally not consider whether the deal was a good one for either side. The standard view is that no one forced the parties to enter into the contract; they should be held to the bargain they struck. Another way to think of a contract is as a legal hedge against uncertainty or risk. The contract gives each party confidence that if the other fails to perform, they can receive compensation through the courts. It also allows parties to specify how specific situations in the future may be addressed. For example, in the software license described above, what happens if the buyer decides to modify some of the software code and resell it? Rather than wait for the confusion if that happens, the parties can specify ahead of time how the situation will be handled, by adding provisions to the contract. LGST 612 (Prof. Werbach) Page 2 Contemporary legal systems focus on two things in contracts cases: intent and reliance. If the evidence shows that all parties acted as though they intended to be legally bound to a contract, and the plaintiff (the one filing the lawsuit) reasonably relied on the defendant to follow through with the contract, the courts will generally enforce it. To do otherwise would be unfair to the party that was harmed by honoring their commitments. In modern contract law, intent and reasonable reliance often trump formalities. A contract may generally be enforced even if it not signed, written, or even expressly made. For example, if a fishmonger delivers fresh fish to a restaurant every Monday for a year and receives the same payment each time, there may be an implied contract even if the parties never explicitly spoke about it. The plaintiff still needs to convince the judge or jury in court, which is much harder to do based on oral testimony than documentary evidence. Unwritten contracts also leave significant gaps for courts to fill in. The implied contract between the restaurant and the fishmonger, for example, could be terminated at any time by the parties, because there is no explicit term guaranteeing how long it will last. Remedies What a court awards to a successful plaintiff for breach of contract is known as the remedy. In contract law, the sole purpose of the remedy is to adequately compensate for the breach. You cannot receive additional â€Å"punitive† damages to punish someone for breach of contract, as you might under a tort claim such as products liability. The same facts, however, might give rise to both kinds of claims, as when a party deliberately breaks a contract in order to harm the other party’s business. ) In most contracts cases, the remedy is a payment of money, known as damages. There are three main ways that courts may calculate the level of damages: †¢ Expectation is the preferred formula. Whenever possible, this is what courts will use. Expectation means that the plaint iff (who did not breach the contract) gets the â€Å"benefit of the bargain. † In other words, they receive compensation to put them in the position they would have been in, had the contract been performed. For example, if an airline enters into a futures contract to purchase jet fuel in one year at $4/gallon, and at the time of performance the fuel company breaches because the spot market price is now $7/gallon, the expectation remedy would be $3/gallon times the number of gallons. In other words, it is the difference between the market and contract price. That way, the airline can buy the fuel from someone else at the market price, and still get the benefit of the contract. Reliance is used when expectation damages cannot be calculated because the amounts are too uncertain, or there is some other reason not to give expectation damages. Under this formula, the plaintiff gets back any costs he or she has expected by relying on the contract, so they are no worse off than before the agreement. Generally, this will be a smaller amount than the expectation remedy. Restitution is used in rare situations where even reliance damages are not feasible to determine. Under this formula, the defendant (who breached the contract) must give back whatever benefit he or she received from the plaintiff, even if this does not fully cover the plaintiff’s reliance. For example, if the plaintiff paid money to the defendant for some services, the defendant must give it back. †¢ †¢ Courts may also consider awarding incidental and consequential damages. These are other costs the plaintiff can demonstrate, which go beyond his or her expectation under the contract. For example, imagine a factory owner contracts for a $50,000 piece of machinery to power a production line, and LGST 612 (Prof. Werbach) Page 3 the supplier breaches the contract. It takes a month before the factory can obtain an equivalent machine from another supplier (also for $50,000). As a result, the factory loses one month of production, which produces financial losses of $500,000 and causes its customers to terminate future orders worth several million dollars. All those costs are considered consequential damages. Whether they can be recovered depends on how foreseeable they were, and on the terms of the contract itself. On the one hand, those are actual losses the plaintiff suffered; on the other hand, was it reasonable to think the defendant took on millions of dollars of potential liability when it sold a $50,000 machine? In limited situations, monetary damages are not sufficient to give the plaintiff an adequate remedy. In such cases, a court may order an injunction (forbidding the defendant from some course of action) or specific performance (affirmatively ordering the defendant to go through with the transaction). Specific performance is only available for unique objects, where the money to purchase a similar object is not considered sufficient. This includes things such as works of art and real estate. Breach Failing to follow through on the legal obligations of a contract is called a breach. A breach might mean one party totally ignored its contractual obligations, or that it failed to perform some of them (such as completing the contracted-for services within a specified time), or that it did so in an inadequate manner. Whether something constitutes a breach is a factual decision for the court. The decision may be easier if the contract itself specifies conditions for breach, or whether a failure to perform specific responsibilities constitutes a breach of the whole agreement. As mentioned above, breaching a contract is not the same thing as breaking a promise, because law and ethics are not identical. In particular, sometimes a breach is, economically at least, a good thing. Imagine that an architect contracts with a cabinetmaker for custom-designed built-in furniture in a renovated house. However, the owner of the house changes her mind before finalizing her contract with the architect, and he loses the commission. The cabinetmaker has not yet started to manufacture the furniture. It would be wasteful to force the architect to go through with the contract, when he knows the cabinets will be useless. It is more efficient for the architect to breach the agreement. So long as the architect pays sufficient compensation to the cabinetmaker (voluntarily or in the form of monetary damages or a voluntary payment), there is nothing unethical in his breach. Contract Formation There are five required elements for a legally binding contract. In other words, a plaintiff suing for breach of contract must first show that all five were met. Then they must show the contract was breached, and they are entitled to a remedy. ) 1. 2. 3. 4. 5. Offer Acceptance Consideration Legality Capacity The first two requirements, offer and acceptance, are sometimes lumped together and called â€Å"mutual assent. † They are typically the most difficult and important elements to establish. LGST 612 (Prof. Werbach) Offer Page 4 An offer is a proposal that manifests intent to enter into a contract. It is distinguished from an invitation, which is merely a proposal to enter into negotiations and therefore not legally binding. The party that makes an offer is called the offeror and the party that receives it is called the offeree. For the offer to be valid, the offeror must: 1. Manifest the intent to enter into a contract 2. Be definite and certain regarding the essential terms of the proposed contract 3. Communicate the offer to the offeree Suppose you are at a used-car dealers lot. You see a care you like with the price listed as $9,995. You ask the salesperson what he’d take for the car; he doesnt answer you, but responds by asking you what you would offer. If you then say, â€Å"I wouldnt pay the list price, but I might pay $8,000 if I could finance it,† have you made an offer? In considering questions of this type, courts will look to â€Å"objective† manifestations of intent. Would a reasonable (ordinary, average) person, listening to your conversation in context, think that you intended to bound into a contract if the salesperson accepted? Again, reasonable reliance is what the courts look to protect, so your subjective mental state, even if it could be reliably determined, is irrelevant. Courts do, however, consider the context. You might offer to purchase a candy bar simply by holding out a dollar bill to a cashier, but an offer to enter into a multi-million dollar merger agreement might require significantly greater formalities. Similarly, if it would be clear to a reasonable observer that a statement was made as a joke, or in a social setting that does not involve contractual obligations, such as a wedding invitation, there is no binding offer. All these, however, are factual questions that courts might assess by hearing witnesses, looking at evidence, and listening to experts. Acceptance An acceptance is the mirror of an offer. If the offeree (the one receiving the offer) objectively manifests intent to be bound, the other elements below are met, and the offer is still valid, a contract comes into being at that moment. Intent is evaluated the same way for acceptance as for the offer. For the acceptance, however, courts are more sensitive to situations where someone takes actions that indicate acceptance (such as signing a document), but does not in fact understand the obligations they are undertaking. In such cases, courts generally look to whether this is the sort of contract that is typically accepted in that manner, and whether the offeree had a reasonable opportunity to analyze the contract but chose not to. Many business-to-consumer agreements are so-called contracts of adhesion or form contracts, where the consumer has no real opportunity to negotiate the specific terms – think of a rental-car agreement – but acceptance is still generally considered valid because there are other means to protect the consumers and the alternative would be extremely inefficient and cumbersome. There are four ways that an offer may no longer be valid: 1. The offeror may generally revoke the offer by communicating that to the other party at any moment before acceptance. 2. If the one receiving the offer rejects it, which includes making a counter-offer, the original offer is considered no longer binding. 3. After some reasonable period of time, determined by the court based on the context, offers lapse. You cannot walk into a used-car dealer and say you are accepting the list price of a car advertised two years before. 4. Death or incapacitation of an offeror generally cancels an offer. One exception to the rule about revocation of offers is the option contract. This is essentially a contract that binds only one party. For example, a property owner might grant a real estate investor LGST 612 (Prof. Werbach) Page 5 an option to purchase a building for $15 million within a period of 90 days. If the investor comes forward with the $15 million, the owner must sell the building. The investor, however, is under no obligation to do anything. (Options on stocks operate the same way; the price for the put or call is the payment for the option. ) Under U. S. aw, there must be a separate payment for holding open the option, even if it is specified in the same document as the purchase terms. In other words, in the real estate example, if the building owner promised to keep the offer open for 90 days, but received no compensation for that promise, it would technically be free to sell to someone else. In many other countries, a party that promises an option must keep it open for a reasonable period of time, even without payment. The acceptance must mirror the offer. That means the offeree must comply with any conditions the offeror placed on the offer. If, for example, the offer states that payment must be made in cash, or that those wishing to accept the offer must show up in person at a certain location, those conditions must be met for a valid acceptance. If the offeror does not specify, the offeree may use any reasonable means. This may even include actions rather than words. If I ask a friend to bring me a sandwich from the cafe downstairs, which I’ll pay for, and she immediately goes to purchase it without saying a word, her actions would likely be a sufficient manifestation of intent. As always, context matters. In a complex commercial negotiation, it may be reasonable to exchange numerous very specific drafts, which are not formally accepted until the final version is signed off on by senior executives. Consideration Consideration means that each party has committed to giving up something of value to induce the promise or action of the other party. It is the way the law distinguishes an enforceable contractual bargain from a gift. If someone promises to give you a gift, and then reneges on the promise, you cannot sue them for breach of contract. There was no contract to begin with, because you did not have to give anything up in return for the gift. In most contracts, consideration will be money in exchange for some goods or services. However, it can be anything of legal value, including property or voluntarily giving up a legal right to act in a certain way. In a famous case, a court held that an uncle’s promise to pay money to his nephew if the nephew gave up smoking and drinking was enforceable, because the nephew stopped doing something he was legally entitled to do. The consideration must, however, be needed to induce the promise. If your action or inaction wasn’t what motivated the other party, there is no consideration. The amount of consideration need not match the value of what the party receives in return. A contract to pay $100 for a computer worth $1,000 may be a bad deal, but it has sufficient consideration. The main question is whether there is something of value exchanged to demonstrate the agreement is not a gift. In business agreements, this sometimes means a recital (a contractual provision that simply states a fact) along the lines of, â€Å"in exchange for good and valuable onsideration of one dollar†¦Ã¢â‚¬  to ensure consideration is found. Legality Contracts that are made for an illegal purpose will not be enforceable in a court of law. An agreement with a hit man to kill a disfavored relative may meet all of the formalities of a contract, but it should be obvious that you could not sue him for failing to go through with it. More realistically, an agreement to engage in bribery o r to restrain market competition in violation of antitrust laws would be unenforceable. Capacity All parties to a contract must have the legal capacity to enter into a binding agreement. In other words, they must have what the law considers sufficient mental fortitude to understand and commit to LGST 612 (Prof. Werbach) Page 6 the obligations involved. Two main classes of people who do not have capacity are children and those under significant mental disability or impairment. Children are generally not allowed to become legally bound by contracts. (The specific age cutoff and other considerations vary from jurisdiction to jurisdiction. If an adult contracts with a child, the child can void the contract at will, but the adult is still bound if the child wishes to enforce the agreement. The other situations in which capacity becomes an issue are when a party either has a significant disability that prevents them from understanding contractual obligations, or they are too severely impaired by drugs, alcohol, or another factor. Capacity is judged objectively: would a reason able observer think the party was in a state that made it impossible to express intent to contract? If so, the party at that moment lacks the legal capacity. It is important to note that capacity is not the same thing as capability or authority. A bank may not actually have the financial wherewithal to provide the financing that it contracts for, but this does not mean it is incapable of entering into any contract. If it fails to provide the financing that the other party reasonably relied on, it is in breach of contract, whether or not it actually has the resources needed to perform. Similarly, an agent may or may not have the legal authority to speak for a firm. If a sales representative (or someone claiming to be a sales representative) commits a company to an agreement with a customer that the company does not in fact wish to honor, that has no bearing on the legal capacity to contract. In that situation, the court must determine whether it is appropriate to bind the company. If the salesperson did not in fact have actual authority to sign off on such contracts, courts would look to whether it was reasonable for the customer to think that they did, especially without communicating with corporate headquarters. Whether a Contract Must be in Writing (â€Å"Statute of Frauds†) As mentioned above, there is no general requirement that contracts be in writing. It is generally a good idea to write contracts down, because that provides clear evidence of their existence and terms if they are ever breached. Fundamentally, though, an oral agreement, or an unsigned written agreement, is a valid contract, except in two broad cases. The first is when there is a statutory or regulatory requirement to put a certain agreement in writing. This is often the case, for example, with financial and healthcare agreements. The second is if the contract is under the statute of frauds. The Statute of Frauds was a 17th century English law that required some contracts to be in writing, because otherwise there would be too much risk of witnesses lying (the â€Å"fraud†) in their oral testimony in court. Today, the term refers mostly to common law principles that impose a writing requirement, plus provisions of certain modern statutes (such as the Uniform Commercial Code) that impose similar obligations. Saying that a contract is â€Å"under the statute of frauds† means that it has to be in writing. There are several categories of contracts that fall under the statute of frauds, including suretyship (promising to pay someone else’s debts) and contracts in consideration of marriage (such as prenuptial agreements). The three categories most likely to arise in a business context are: †¢ †¢ Sale of land. This also includes interests in land, such as a mortgage. Sales of goods worth $500 or more. Note that contracts for services, such as consulting or financial advice, are not covered under this provision. The $500 figure comes from the Uniform Commercial Code, and is an arbitrary figure, not pegged to inflation. LGST 612 (Prof. Werbach) Page 7 †¢ Promises not performable in one year. In other words, there is no way the contract could be successfully performed within a year. If the contract does not specify a term of longer than a year, and there is come conceivable scenario in which both parties would discharge their responsibilities before the end of the year, it need not be in writing. If a contract falls under the statute of frauds, a sufficient â€Å"writing† is a document that identifies the parties, describes the basic obligations of the contract, and is signed by the party to be charged. As with any written contract, if there are specific details not set out in the document, the court can interpret the language or fill in reasonable terms as necessary to enforce it. If, however, the writing is missing a material term – for example, the price in most sales contracts – it is not enforceable. Basically, the court needs enough information to determine a remedy. If the contract is not under the statute of frauds, the courts can look to other written evidence or oral testimony to find a material term. However, if the parties simply failed to agree on such an essential point, the contract is unenforceable. Note that when the statute of frauds applies, only one party is required to sign the agreement: the party who is being sued to enforce it (the defendant). The signature of the other party may still be useful to prove there was intent to enter into a binding agreement. Excuses to Performance In some circumstances, a party will not be held to an agreement, even when it met all the legal requirements for a valid contract. The most common excuses to performance are: Fraud. If one party induces a contract by lying to the other party, it is not enforceable even when the form of the contract is perfectly good. Duress. If a party felt it was forced to enter into a contract against its will, it can claim the contract is unenforceable due to duress. This means something more than a difficult situation or a tough negotiating partner on the other side. For example, if there is only one supplier for an important input with sufficient production capacity, buying from that supplier is not duress. There must generally be some misconduct, involving threats to engage in illegal conduct or breach other obligations, which convinces the other party it has no choice. Unconscionability. As noted above, a contract will not be considered unenforceable because it is unfair, or because there is unequal bargaining power (as is typically the case in business-to-consumer interactions). However, if one party has no reasonable opportunity to understand the obligations they are undertaking, or there are terms in the agreement so manifestly unfair that they â€Å"shock the conscience,† courts can declare specific provisions or whole contracts as unconscionable. This doctrine is successfully invoked infrequently, and then typically when there is unfairness in the process, rather than the substantive terms. Mutual mistake. If both parties were mistaken about the fundamental subject matter of the contract, such that they never truly had an agreement, the contract can be declared unenforceable. If the mistake is simply a bad business decision, such as an assumption that the price of a good will not increase substantially, it will not excuse performance. Impossibility/frustration of purpose. If circumstances change so dramatically that either a contract is effectively impossible to perform, or it would be pointless to complete it, courts can excuse performance. As with the other doctrines, courts will not release parties from their obligations if performance is merely more difficult or costly than they expected. LGST 612 (Prof. Werbach) Page 8 These excuses are considered by courts after the fact. In such situations, there is a contract, but there is no legal remedy for a breach. Sometimes, the result is merely to sever a problematic provision of the contract. For example, a contract may be enforceable minus the specific term the court considered unconscionable. Recovery Outside of Contract (â€Å"Promissory Estoppel†) Modern contract law makes it relatively easy for parties to enter into contracts, to specify the terms of those contracts, and to be excused from contractual obligations when fundamental fairness dictates. Consequently, the legal system generally focuses on whether the procedural obligations of contract law described above have been met, rather than on whether the outcome is just. After all, the parties were free to act differently, yet chose to structure their agreement in a certain way. Why should the courts interfere with their decisions? In a host of cases, this freedom-based view of contracts fails to account for reality. Inequalities in access to information or bargaining power may so warp the relationship between parties that the formal structure of an agreement may not actually reflect the intent of at least one of them. Or there may be significant public policy concerns, such as avoiding mistreatment of patients or retail investors, which counsel for heightened obligations beyond those of common-law contract doctrines. Another category cuts in the opposite direction. Sometimes the un-enforceability of an agreement is unfair. If one party reasonably relies on the other party, yet has no remedy because the agreement is unenforceable, it can create a situation in which the courts view themselves as parties to an injustice. The legal doctrine known as promissory estoppel arose to allow for recovery of damages in court, even when there is no enforceable contract between the parties. The Restatement (Second) of Contracts, a collection of â€Å"best practices† in contract law written by leading legal experts in the field, describes promissory estoppel as follows: â€Å"A promise which the promisor should reasonably expect to induce action or forbearance on the part of the promisee or a third person and which does induce such action or forbearance is binding if injustice can be avoided only by enforcement of the promise. The remedy granted for breach may be limited as justice requires. † Most commonly this doctrine is invoked for charitable gifts. For example, imagine that a donor to Wharton promises the school $100 million for a new building bearing her name, the school builds the building in reliance on the gift, and the donor then reneges on the promise. There is no enforceable contract, because there is no consideration. (The school’s expenditure in building the building was a response to the promised gift; it is not what induced the promise, as required for consideration. ) In such a situation, if a court feels it would be an â€Å"injustice† that Wharton receives no compensation, it can award damages on a promissory estoppel theory. Courts have applied promissory estoppel in other situations where, because of some legal quirk, a party reasonably relies on a contract and yet has no adequate remedy. Note that promissory estoppel is a distinct legal claim, not a lawsuit based on a valid contract. One consequence is that damages are generally limited to reliance. In the donation example in the previous paragraph, this means that Wharton might recover the amount it spent on constructing the building, but not the full $100 million that was promised. And remember that the court can decline to award anything if it does not feel that an injustice has occurred.

Two Hangovers Essays - Rhetorical Techniques, Metaphor,

Two Hangovers Two Hangovers Throughout the poem Two Hangovers many vivid and descriptive images are given by the author. The images the reader gets are cold, lonely, and dark as some think winter to be; however, in the second part the reader receives an image of bright colors which could be interpreted as a time of renewal, spring, or a time when things are looking up. Imagery and metaphors are used to show the reader the feeling and life depiction of the person in the poem while portraying the image that reflects this. In Two Hangovers, James Wright uses imagery and metaphors to illustrate a harsh winter changing into spring, and how he feels and acts during these seasons. As he slouches in bed, a description of the bare trees and an old woman gathering coal are given to convey to the reader an idea of the times and the authors situation. All groves are bare, and unmarried women (are) sorting slate from arthracite. This image operates to tell the reader that it is a time of poverty, or a yellow-bearded winter of depression. No one in the town has much to live for during this time. Cold trees along with deadness, through the image of graves, help illustrate the authors impression of winter. Wright seems to be hibernating from this hard time of winter, dreaming of green butterflies searching for diamonds in coal seams. This conveys a more colorful and happy image showing what he wishes was happening; however he knows that diamonds are not in coal seams and is brought back to the reality of winter. He talks of hills of fresh graves while dreaming, relating back to the reality of what is beyond the streaked trees of (his) window, a dreary, povern-strucken, and cold winter. The end of Number one also reinforces the impression of winter. The image of a sparrow, generally a brown or dark bird, that sings of the Hanna Coal Co. and the dead moon, reinforces the description of winter once again, because there is no life during winter as opposed to a harvest moon in fall when it is warm, life is good, and food is plenty. The filaments of cold light bulbs tremble, gives a very cold image and it is like music, but he can not listen to it. This symbolizes he wants this coldness of winter to end, just like he wants the unpleasant sound to stop. (He) tries to waken and greet the world once again. In Number Two Wright begins with the description of a brilliant blue jay that is springing up and down. This image is very happy. Blue is a bright color, along with the repetitive action of joy. This symbolizes spring, a time when the birds come out and new life grows. The author is happy to see the winter has gone, he laughs, and now he can actually go out into the world once again. He assures the reader of his confidence by what he states about the bird springing on the branch, for he knows as well as I do that the branch will not break. There is no ice left, so the branch is not frozen. The trees are healthy, groves are coming to life, and now he can dream of happy things other than graves and coal. Throughout each of the previous examples given, imagery and metaphors are used together. Imagery conveys a picture in the readers mind in order to metaphorically describe a situation or time along with the changes of the seasons. Wright uses imagery of cold and dead objects to stand for winter. For him, winter is a bad time because it is very hard to endure coldness especially while being poor. He chose not to leave his bed, as if in a drunken state, hinting the use of the term hangover. The second time he awakes his images show bright colors and happiness through laughter. Branches are strong, meaning things are growing like in spring. Altogether the poem is leading to his depiction of his life where he lives, where winters are harsh and spring and summer are the only times he chooses to go out into the world and be happy.

Strategy of Goggle

Strategy of Goggle Analysis of Goggle Larry and Brinn founded this entity in the 1990s. However, the entity had a different name, Back Rub. The founders of the entity were undergraduates at Stanford University. The two students developed a search engine that could rate website relevance via examination of back links.Advertising We will write a custom case study sample on Strategy of Goggle specifically for you for only $16.05 $11/page Learn More The above innovation would support the undertakings of countless entities in the Information technology (IT) sector. The founders later registered the entity in California. The entity generated its income only as search engines. Nonetheless, the entity currently has diversified its operations into an assortment of subsectors in the computer industry (Clay Esparza, 2012). What is going on? In the previous decade, Goggle has made some shrewd acquisitions. The acquisitions have entailed entities that would complement Goggle’s oper ations. Additionally, the acquired entities would enable diversification and creation of new products. Goggle’s income originates predominately from advertisements despite the entity dealing in mobile phone software and other merchandise. The entity also sells search appliances. In 2010, Goggle was the favourite search device. This denotes the entity’s domination of the market. In America, the entity serves over sixty percent of the search requests. The trend is similar internationally. Goggle also has an enormous workforce that executes its daily operations. The entity’s management of the work force has culminated in innovations like YouTube, a music search engine. Such a project has earned the entity enormous returns. The entity has developed numerous data centres. The data centres will facilitate penetration into lucrative markets in Asia. Additionally, they have revealed Goggle’s commitment towards a clean environment. Generally, innovations and produ ct creation have facilitated expansion in Goggle. SWOT Analysis Strengths The entity has managed its personnel in a shrewd manner allowing the entity to benefit from their expertise. Projects like You Tube have emanated from the creativity of its employees. However, the entity has earned phenomenal revenues from such innovations. Additionally, the global community is utilizing the internet greatly. Consequently, there is a sustainable demand for Goggle’s products globally. Google has diversified its products reducing its risk as an entity. Therefore, failure of a product would have minimal implication on the entities fortunes.Advertising Looking for case study on business economics? Let's see if we can help you! Get your first paper with 15% OFF Learn More Weaknesses The entity loses income through counterfeiting of its products. This is common practice especially in relation to application product. Therefore, Goggle should petition authorities to enf orce counterfeit legislation to minimize its losses. Opportunities Innovations are critical to the survival of this entity. Therefore, Goggle has to provide the clientele with better products always hence, winning more clientele. Additionally, there are lucrative markets in the emerging economies that the entity can harness. Threats The entity operates in an exceedingly competitive market. Therefore, Goggle has to ensure that it is at par with its rivals. It should ensure that it improves its products persistently. Google is predominantly dependent on proceeds emanating from advertising. Accordingly, fluctuation in such incomes would affect the firm considerably. PEST Analysis Strengths Advancement in technology will affect this entity positively. Technological progression will have considerable impacts in the emerging markets that are lagging behind technologically. Such advancements will create demand for Goggle’s products. Its personnel management strategy is unique hence, allowing the entity to utilize the creativity of its employees rather than issuing repetitive duties that do not support career growth. Weaknesses Google operates in an industry which changes rapidly. Consequently, the entity requires sustained research on product improvement. Failure to do so will allow its rival’s products to surpass its own. This would be detrimental since the clientele always opt for the best products. References Clay, B. Esparza, S. (2012). Search engine optimization all in one for dummies. California, CA: Wiley publication.

Federal Reserve Presentation Research Paper Example | Topics and Well Written Essays - 750 words

Federal Reserve Presentation - Research Paper Example 1.3 As the regulator for the nation’s banking and payments systems, the Fed makes rules for safe business practices by banks and other financial companies. These rules include the minimum cash reserves that a bank must maintain in proportion to the deposits with it. The Federal Reserve lends money to banks for maintaining these reserves or accepts deposits from them when they have excess money. The Fed also ensures that financial securities sold in the market are safe for the customer. The Federal Reserve has a Board of Governors based in Washington, DC, with a Chairman and 6 other members appointed to staggered 14 year terms. The Fed operates through 12 Reserve Banks that cover all 50 states. Each Reserve Bank has a Board made up of bankers, business people and members of the public and conduct all the activities described in (1) above. Five of the 12 Reserve Bank presidents together with the 7 governors of the Federal Reserve make up the Federal Open Market Committee (FOMC) which has the responsibility for key decisions such as interest rates, monetary policy and the buying and selling of treasury securities. The activities of the FOMC are reviewed by US Congress Committee on Banking and Financial Services. The Federal Reserve’s monetary policy affects prices, employment and economic growth by influencing the availability and cost of money and credit in the US economy. This cost influences the consumer’s willingness to spend money on goods and services. The three tools used by the FOMC for determining the cost of money are open market operations, the discount rate and the reserve requirements (FRBSF, 2013). Open market operations are used primarily to control money supply in the banking system. This is done by selling government securities to banks to reduce money supply or buying from them to increase liquidity. As a result of the disruptions caused by the 2008 global financial crisis, the Fed, invoking the

Mind of Great Companies Research Paper Example | Topics and Well Written Essays - 250 words

Mind of Great Companies - Research Paper Example This is exactly what the present development of the organization has been about. Writing on â€Å"What is on the minds of great companies?† Blanchard (2007) noted that â€Å"many companies develop a corporate culture over time, but if it wasnt actively sculpted with the companys long term vision in mind, it may not reflect the companys ultimate mission† (p. 11). What this means is that the organization’s vision is very key to judging the company’s development rate. In this, it would be said that Marriott has developed positively because the company has been able to live within its goal and vision of making customer satisfaction a central focus of their service, where the turnover received in terms of customer patronage has confirmed such an expanded form of customer satisfaction. Due to the fact that customers generally patronage the services of a company of which they are pleased with their service, it can be said that the company’s stage of development is reflected in its vision and value statement because the customer has had a long standing vision of using customer satisfaction as a competitive advantage. Meanwhile, customer satisfaction is the product of high customer patronage and thus high revenue turnover for the

Analysis of Doctrine of Equity

Analysis of Doctrine of Equity The doctrine of equity was created to fill in the gaps of common law by providing more flexible remedies, unlike common law which only provide damages such as injunction, specific performance, equitable estoppel etc. Equity only governed by the maxims where it is based on the principles of fairness and conscience and are not as strict as common law. Hence, as the doctrine of equity developed and became more and more flexible in the past centuries, it has now been argued by many academics that equity is now too conceptually messy to be useful.ÂÂ   It has been argued that equity is a blend of strict rules and discretionary principles which attributes to English Law with its flexibility. He further explained that equity comprised of firm rules as well as discretionary principles which will be applicable in different circumstances.[1] In deciding this, the flexibility of equity would be discussed, especially in the areas of such as the three certainties, Quistclose trust and doctrine of fiduciaries. In the case of Knight v Knight[2], Lord Langdale MR had laid down the three certainties test to create a valid private express trust. Certainty is an important element in trust as without certainty, the intention, object and subject of the trust could not be determined by the courts which would then lead to an invalid trust. Under certainty of intention, the settlor must use very clear words and expression to impose a legal obligation for the trustee to hold the property on trust. Generally, imperative words are more encouraged to be used in a will as compared to precatory words. In the case of Re Adams[3], the phrase in full confidence was used in the clause and it was held that there was no trust created as there is no imperative words used in the will. However, in Comiskey v Bowring[4], even the same phrase was used as in Re Adams case, but it was held that the wording created a trust. It could be submitted that the courts now no longer only look at a single word to determine whether there is a trust but look at the whole of the will. In more complex situations where there are no documents available, the courts might infer intention from acts or the words of the parties. In Paul v Constance[5], it was held that the words the money is as much yours as it is mine is sufficient to make a valid trust as there was repeated conduct and has a clear intention. It was suggested that the courts are being too generous in the decisions. However, in Jones v Lock[6], it was held that it was insufficient to manifest a clear intention for the father to create a trust for the son. The problem is that both cases were lack of specific intention to create a trust, there were only general intention to benefit. However, both cases were held differently. It could be argued that the actions were louder than the words in Pauls case. Gardner suggested that the difference of both cases was merely the reflection of changing judicial attitudes.[7] Next, under the certainty of subject matter, the test used by the courts would be whether the property could be certainly identified. However, the courts have recently created an artificial distinction between tangible and intangible property. In Re London Wine Co[8], it was held that no two bottles of wine are alike and therefore it could be identified for their customers. However, in Re Goldcorp Exchange Ltd[9], it was held that the claimants whose gold bullion had been segregated were successful in the claim but not those whose bullion had not been segregated. The reasoning was that the stock of the gold has been constantly changing and it was hard to say which particular piece of gold belongs to any particular customer. It could be submitted that the courts were trying to uphold the principle of fairness by having a different decision from Re Londonscase as the tangible property items here could not be segregated properly. On the other hand, in Hunter v Moss[10] where the property is intangible, a different approach was taken by the courts. In the case, it was held in favour of the claimant and stated that the segregation as in tangible property is not necessary where a trust is made over an intangible property. The reasoning for this is that since the shares is indistinguishable from one another, they will be treated as equal. Based on all three cases above, it could be seen that this area is messy as this certainty has not been applied consistently and the judges have too much discretion changing the judicial attitudes. Lastly, the certainty of object matter required that there must be ascertainable beneficiaries in a trust. Re Baden (No.2)[11] had shown that there are different approaches to deal with when there is a class of objects in a discretionary trust. The test used in the case was originated from McPhail v Doulton[12] where the application of a complete list test was impossible and borrowed the is or is not test from Re Gulbenkians Settlements[13] to determine the beneficiaries. However, there are 3 interpretations on the applicability of the test. Firstly, Sachs LJ upheld the literal application of the original test, but reversed the burden of proof on the claimant to proof that he falls within the class of beneficiaries. Sachs LJ further noted that this does not apply to all discretionary trust situations as a lot of trust with uncertainty would be validated. Secondly, Megaw LJ suggested the approach used in Re Allen[14]which was overruled by Re Gulbenkians case where it held that a trust should be valid if a substantial number of people can show that they are in the class. Finally, Stamp LJ suggested a strict approach where he stated that it is necessary for both conceptual and evidential certainty to exist without any unknown of the certainties. Any unknown of the certainties would lead to an invalid trust. It could be submitted that this area would be too messy for the future cases to refer as there are too many different views. The flexibility of equity could also be found in Quistclose trust which created by Lord Wilberforce in Barclays Bank Ltd v Quistclose Investments Ltd[15]. The Quistclose trust arises when a company borrows money with a particular purpose in mind for that money. Lord Wilberforce suggested there are primary trust to pay dividend and secondary trust arose in favour of the lender if primary trust failed. However, this was heavily criticised as it failed to meet the three certainties to be a valid trust. Later, Lord Millet in Twinsectra v Yardley suggested that there is only one resulting trust instead of two trusts while majority of the court held that it was an express trust. In Re EVTR[16], Dillon LJ suggested that it was a constructive trust for the purpose of the loan.Moreover, academics like Alastair Hudson had suggested that the better analysis for this should be an express trust.[17] Furthermore, in Re Farepak Food[18], Mann J held that there was no trust and described this is as a contractual relationship as opposed to trustee-beneficiary.[19] Furthermore, equity also shown its flexibility in fiduciary area. A fiduciary is a person who holds a position of trust and confidence. Fiduciary has the duty to act in the best interest of the principal in a fiduciary relationship. A fiduciary is bound by the no conflict rule where he must make sure that his duties to the principal do not conflict with his own interest and not allowed to make a profit. The leading case would be Boardman v Phibbs[20] which involves trust where it applied the strict rule which originally from cases such as Keech v Sandford[21] and Bray v Ford[22].The decision was a made in majority of the judges while the other two judges gave dissenting judgments. Lord Upjohn in dissenting suggested that the case should be approached in a more equitable angle and should be decided on its own individual facts instead of laying down a strict rule to be followed like the common law courts. However, in Murad v Al-Saraj[23], the majority of courts again decided by following the rules. Arden LJ from the majority suggested that the court should revisit the inflexibility of rule of equity in harsh circumstances. Furthermore, Jonathan Parker LJ from majority also suggested that it is the time for the court to relax the severity of the rule. In minority, Clarke LJ suggested that the fiduciary could argue for a share in profits even though they breached their duty by reasoning with Warman International v Dwyer[24]. In Foster Bryant Surveying v Bryant[25], it was held that the defendant was not required to account his subsequent profit as the facts were different from the traditional cases. It was suggested that this case law would only be followed when there are same facts in the future. Based on the above, equity has been flexible to evolve to suit the needs of the society. Hence, it is tremendously complex as it was built centuries of laws, but the courts are free to generate new principles and to adapt or apply the old ones depending on the situation. As suggested by Alastair Hudson, equity forces us to consider the plight of the individual in this complex world and to save that individual from being caught up in the legal machine or exposed to irremediable suffering.[26] In conclusion, it could be submitted that equity is still useful even though it might be conceptually messy as shown above. However, this would be inevitable as equity has to be flexible but it would be also required to maintain some consistencies across the cases to prevent the law from being vague. (1650 words) Bibliography Books Gardner S, An introduction to the Law of Trusts (3rd edn OUP 2011) Hudson A, Equity and Trust, (8th edn, Routledge, Oxon, 2015) Hudson A, Great Debates in Equity and Trusts,(1st edn, Palgrave Macmillan 2014) Electronic Sources Alastair Hudson, The Fundamentals of Quistclose Trusts, http://www.alastairhudson.com/trustslaw/Quistclose.pdf accessed on 13rd February 2017 Table of Cases Barclays Bank Ltd v Quistclose Investments Ltd [1970] AC 567 Boardman v Phibbs [1967] 2 AC 46 Bray v Ford [1896] A.C. 44 Comiskey v Bowring-Hanbury [1905] A.C. 84 Foster Bryant Surveying Ltd v Bryant [2007] EWCA Civ 200 Hunter v Moss [1993] 1 WLR 934 Jones v Lock [1865] 1 Ch App 25 Keech v Sandford [1726] Sel. Cas.Ch.61 Knight v Knight [1840] 3 Beav 148 McPhail v Doulton [1971] AC 424 Murad v Al-Saraj [2005] EWCA Civ 959 Paul v Constance [1977] 1 All ER 195 Re Adams Kensington Vestry [1884] LR 27 ChD 394 Re Allen [1953] 1 All ER 308 Re Badens Trusts (No.2) [1973] Ch 9 Re EVTR [1987] BCLC 646 Re Farepak Food and Gifts Ltd (In Administration) [2008] BCC 22 Re Farepak Food and Gifts Ltd (In Administration) [2008] BCC 22, 34 Re Goldcorp Exchange Ltd (In Receivership) [1994] 3 WLR 199 Re Gulbenkians Settlements Trusts [1968] UKHL 5 Re London Wine Co (Shippers) Ltd [1986] PCC 121 Warman International v Dwyer [1994-5] 182 CLR 544 [1] Alastair Hudson, Great Debates in Equity and Trusts,(1st edn, Palgrave Macmillan 2014) [2] Knight v Knight [1840] 3 Beav 148 [3] Re Adams Kensington Vestry [1884] LR 27 ChD 394 [4] Comiskey v Bowring-Hanbury [1905] A.C. 84 [5] Paul v Constance [1977] 1 All ER 195 [6] Jones v Lock [1865] 1 Ch App 25 [7] Simon Gardner, An introduction to the Law of Trusts (3rd edn OUP 2011) 52-3 [8] Re London Wine Co (Shippers) Ltd [1986] PCC 121 [9] Re Goldcorp Exchange Ltd (In Receivership) [1994] 3 WLR 199 [10] Hunter v Moss [1993] 1 WLR 934 [11] Re Badens Trusts (No.2) [1973] Ch 9 [12] McPhail v Doulton [1971] AC 424 [13] Re Gulbenkians Settlements Trusts [1968] UKHL 5 [14] Re Allen [1953] 1 All ER 308 [15] Barclays Bank Ltd v Quistclose Investments Ltd [1970] AC 567 [16] Re EVTR [1987] BCLC 646 [17] http://www.alastairhudson.com/trustslaw/Quistclose.pdf, The Fundamentals of Quistclose Trusts, accessed on 13rd February 2017 [18] Re Farepak Food and Gifts Ltd (In Administration) [2008] BCC 22 [19] Re Farepak Food and Gifts Ltd (In Administration) [2008] BCC 22, 34 [20] Boardman v Phibbs [1967] 2 AC 46 [21] Keech v Sandford [1726] Sel. Cas.Ch.61 [22] Bray v Ford [1896] A.C. 44 [23] Murad v Al-Saraj [2005] EWCA Civ 959 [24] Warman International v Dwyer [1994-5] 182 CLR 544 [25] Foster Bryant Surveying Ltd v Bryant [2007] EWCA Civ 200 [26] Alastair Hudson, Equity and Trust, (8th edn, Routledge, Oxon, 2015)

Microstructural Brain Injury in Post-Concussion Syndrome After Minor He

The article Microstructural Brain Injury in Post-Concussion Syndrome After Minor Head Injury, by ****, studied post concussive symptoms relationship with innovative MRI imaging. Mean diffusivity, fractional anisotropy, and the presence of microhaemorrhages were used to indicate micro-structural brain injury in subjects with minor head injuries. Although they experienced symptoms participants’ CT (computed tomography) and normal MR images did not display any irregularities. Participants contained 21 MHI patients and 12 controls that were healthy who were matched to the ages (between the ages 18 to 50), genders, and educational levels of the MHI participants. The MHI patients were involved with the study 1 month after being in the emergency room with head trauma. All needed a normal neurological inspection and a Glasgow Coma Scale (GCS) of 13-15, which determines the conscious state of an individual. The patients and controls were scanned with diffusion tensor imagining (DTI) and high-resolution gradient recalled echo (HRGRE) weighted sequences. Their cognitive function was assessed with the Mini Mental Status Examination (MMSE). The Rivermead Postconcussion Symptoms Questionnaire (RPSQ) measured the severity of their post-concussive symptoms. A higher score meant that the symptoms were more severe after the injury. Additionally, the number of days before the patients went back to work or school was noted. The results indicated that microhaemorrhages were seen in only one patient. Fractional anisotropy showed a decrease in the subcortical white matter of the right temporal lobe. When correlated to the severity of post-concussive symptoms FA displayed decrease in the uncinate fasciculus, the fronto-occipital fasciculus, the interna... ...s the symptom severity did not correlate to completing the task correctly. Works Cited Lannsjà ¶, M., Raininko, R., Bustamante, M., Von Seth , C., & Borg , J. (2013). Brain pathology after mild traumatic brain injury: an exploratory study by repeated magnetic resonance examination. J Rehabil Med, 45(8), 721-728. doi: 10.2340/16501977-1169 Pardini, J., Pardini, D., Becker, J., Dunfee, K., Eddy, W., Lovell, M., & Welling, J. (2010). Postconcussive Symptoms are associated with compensatory cortical recruitment during a working memory task. Neurosurgery, 67(4), 1020-1028. doi: 10.1227/NEU.0b013e3181ee33e2 Smits, M., Houston, C., Dippel, W., Wielopolski, A., Vernooij, W., Koudstaal, J., Hunink, G., & Van Der Lugt, A. (2011). Microstructural brain injury in post-concussion syndrome after minor head injury. Neuroradiology, 53(8), 553-563. doi: 10.1007/s00234-010-0774-6

How Sports Affect Academics

Narator: This Reflective Piece consists of three persons who are John, Rodney and Paul. Narrator: Week before Cape results are out John: So fellas, cape results coming out? Feel allyuh do good? Rodney: I hope so, I put in enough time and study because I was behind and I wanted to prove that I could do what nobody expected of me and excel. Paul: Hahaha, Rodney why you studied? You are still going to fail? Rodney: No, I stopped basketball to study and I made some good sacrifices. Paul: Stopped basketball? Make me stop football na?I’m going to do excellent in Cape and get a scholarship just for football. John: Well like you, Paul, I continue to play cricket but I was also focusing on my studies and putting in meh extra work. I balanced my academics with my extra-curricular activities. Rodney: Well, we will see which one of the three techniques worked the best. John: Yes we will see, but I pray to God I succeed. Paul: Ok den, we will see how good I’ve done. Narrator: Walkin g in school to collect their results John: Ok fellas, now today is the big day.Rodney: Yes it is, we will find out what our future is and what our next step in life is. Paul: Who wanna pray? Rodney: Pray na Paul. Paul: Please Lord, let us get the required grades needed to further our education in what we will like to do and be proud in Jesus name, Amen! Rodney: When you serious, you serious boy Paul but why you couldn’t be serious like that for your school work as you were for football or for this prayer? Paul: I was! Allyuh was just getting fooled. John: Let us just go quickly and get our grades please!Narrator: After receiving the Cape Results Rodney: Yesss! Da wa we talkin bout! John: Dun kno, I do rel good dan. Paul: Hmmm, I did ok, could have done better. Rodney: John and Paul how allyuh do? John: I did great, I got four distinctions and there’s even a bigger surprise. Guess? Paul: Wa is da boy? John: Ok, I also geh an open science schol. Rodney: Weyzz, you did be ast, I geh four ones and got an additional mathematics schol. Narrator: A moment of silence grew upon the three friends John: Well, Paul wa you geh? Paul: Orr ok uhmm I got three fours and a five.Five is a pass in Cape so at least I pass all my subjects. Narrator: John and Rodney laughed loudly Rodney: I thought you were going to get a scholarship because of football Paul? What causing that? Paul: Well honestly, I think it is because I did not rely focus a whole lot on my school work and did not manage my time the way I should have done. John: Although I did not quit or take a pause in my extra-curricular activity, I worked harder in pursuing my education and striving for excellence and cricket maybe one ah d reason why I geh an Open Schol too.Rodney: I put my sport on a hold for a while until my Cape Exam pass because I was not one of the brightest students so I could not of balance both basketball and academics. In making my decision I studied hard and made quality sacrifices to g eh my Maths Schol. Narrator: Making decisions in further education John: So what allyuh going to do to now? Paul: I think I going to S. A. M and settle down because I realize this life thing rel serious. I wa be an accountant. Rodney: I am going UWI and further my studies in maths. I am going to do a Major in Maths and a Minor in Actuarial Science.I wa be an Actuarial Scientist. John: Well, I am going Harvard and further my studies in sciences, mostly Chemistry. I wa be a Chemist. Rodney: We set our life goals deh eno, so we making up we mind to achieve eh and doe slack off. We wuh stay in touch. John: Yes of course and I hope allyuh excel in allyuh education and Paul, focus this time because I know you could do it. Paul: First, I am praying I get into SAM, but if I do, I will take a different approach in my school work and be serious cuz I wa my life run smoothly after and be proud of myself.John: Yea, later deh. I gone. Rodney: Yea I bussin deh too. Paul: Word, we wuh catch up in d long run. Narrator: The three persons excelled at their different goals and be what they wanted to be. One can surely realize that sports has a good and a bad effect on education but it is in yourself to take it serious and prove you can do it in whatever aspect of sports you are doing and career. In concluding this piece I think one should always â€Å"Strive for Excellence†.

Global warming and bacteria Free Essay Example, 1250 words

Fungi and soil bacteria commonly known as the decomposers, play an essential role, in breaking down the organic carbon and releasing carbon dioxide back in the atmosphere. This carbon dioxide in as much as it causes global warming, but is also harnessed again by plants, to form energy, through the process of photosynthesis. Effects of bacteria on global warming Ruminants, which are animals with four digestive chambers, the largest of the chambers being the rumen, also contribute to global warming. The rumen has millions of microbes including yeasts, bacteria, protozoa and moulds, which break down cellulose, a major component of animal feed. Cellulose is a tough and insoluble Fibre that makes part of the plant cell. The ruminants cannot break down cellulose directly, because they lack the essential required digestive juices and enzymes to do so. Therefore, they achieve this via the help of methanogens, which are a group of archaea which habitat in the rumen. These microbes specialize in breaking the animal food into methane gas. The animal then ejects this gas through belching, on both ends of the digestive tract. We will write a custom essay sample on Global warming and bacteria or any topic specifically for you Only $17.96 $11.86/pageorder now The produced gas (methane) is a very powerful greenhouse gas because it traps 20 times as much as the same volume of carbon dioxide. This implies that methane warms the earth 20 times as much times as carbon dioxide. Soil as a medium carries microbes in it as well. When temperatures increase, the soil microbial activities also increase, proportionally. The breakdown of carbon materials by decomposing bacteria in the soil increases, thereby producing lots of carbon dioxide as a waste product. It is estimated that soil microbial activity can double when there is a temperature increase of about (5Â °C-10Â °C). When this happens, there is an increase in respiration, a process in which carbon dioxide is released into the environment, as a waste. This carbon dioxide causes global warming as a greenhouse gas. As global warming occurs, temperatures increase and consequently the microbial activities within the soil increase, producing more carbon dioxide. This process is endless, and can continue up to a point in which the temperatures would be too high, and life unsustainable on earth. This clearly indicate the significance of such bacteria in relation to the environment, and the impacts on global war ming at large. Impacts of Global Warming On Bacteria Bacteria present in all living organisms, thrive well in different optimum temperatures, and various optimum conditions, depending on the organism itself, and the part of the organism, in which the bacteria are inhabited.