Business Law Today Free Essays

1-Contract law provide rules to determine which contract terms will be enforced and which promises must be kept. True or False 2-A is an assertion that something either will or will not happen in the future. A: 3-A contract needs two requirement and Agreement is required to form a contract, regardless of whether it is formed in the traditional A: 4- which is generally defined as: The value given in return for a promise, A: -Common law governs all contracts except when it has been modified or replaced by statutory law, such as the Uniform Commercial Code (UCC),1 or by administrative agency regulations. We will write a custom essay sample on Business Law Today or any similar topic only for you Order Now A: 6-Which contracts generally are governed by the common law of contracts. A Services B Real estate C Employment D Insurance E All of the above A: 7-Contracts for the sale and lease of goods, however, are governed by the ? to the extent that the UCC has modified general contract law. A: ucc The Definition and Function of a Contract -A is an agreement that can be enforced in court. It is formed by two or more parties who agree to perform or to refrain from performing some act now or in the future. A: 9-Contract law assures the parties to private agreements that the promises they make will be enforceable A: 10- A person who makes a promise A: 11- A person to whom a promise is made ( usually a buyer ) A: 12-In determining whether a contract has been formed, the element of is of prime importance. A: 13-Stating the clear intent of the (contract) or Objectiveness a contract that can be understood by others and not the issuing party. (subjective) is considered intent. A: 14-In contract law, intent is determined by what is referred to as the of not by the personal or subjective intent, or belief, of a party. A: 15- Objective facts that must be included in a contract. (1) What the party said when entering into the contract, (2) How the party acted or appeared, and The circumstances surrounding the transaction. All of the above A: Objective Theory of Contracts A theory under which the intent to form a contract will be judged by outward, objective facts (what the party said when entering into the contract, how the party acted or appeared, and the circumstances surrounding the transaction) as interpreted by a reasonable person, rather than by the party’s own secret, subjective intentions. 16- Ability to enter freely into contractual arrangements. , A freedom protected by the U. S. Constitution in Article I, Section 10 A: NOTE: Because freedom of contract is a fundamental public policy of the United States, courts rarely interfere with contracts that have been voluntarily made. Exemption For example, illegal bargains, agreements that unreasonably restrain trade, and certain unfair contracts made between one party with a great amount of bargaining power and another with little power generally are not enforced. Requirements for a valid contract 17- An agreement to form a contract includes an One party must offer to enter into a legal agreement and the other party must accept the terms of the offer A: 18- Any promises made by the parties must be supported by legal sufficient and bargained for consideration ( something of value must be received) A: something of value must be exchange by both parties I. e (money for beer) 19- Both partties entering into a contract must have the contractual capacity to do so the law must recognize them as being competent qualified parties A: 20- The contract must be to accomplish a goal that is legal and not against the law A: 21- A person who makes an offer ( seller) or ( buyer) A: 22- is the party to whom the offer is made A: 23-One person agrees to buy another person’s automobile for a specified price this is an example of: A: Example Javier offers to buy Ann’s digital camera for $200. Javier tells Ann that he will give her the cash for the camera on the following Friday, when he gets paid. Ann accepts Javier’s offer and promises to give him the camera when he pays her on Friday. Javier and Ann have formed a bilateral contract. A promise for a promise No delivery of goods (money or merchandise has taken place) 4- . , a contract that is a â€Å"promise for an act. † In other words, the contract is formed not at the moment when promises are exchanged but rather when the contract is performed. A: EXAMPLE 8. 2 Reese says to Celia, â€Å"If you drive my car from New York to Los Angeles, I’ll give you $1,000. †Only on Celia’s completion of the act? bringing the car to Los Angeles? does she fullyaccept Reeseâ€℠¢s offer to pay $1,000. If she chooses not to accept the offer to drive the car to Los Angeles, there are no legal consequences. 5-Contest and prizes are considered unilateral contract a (promise for an act) A : The contest offeror can change the initial offer of the prize winnings. But they must have a clause that states that they reserve the right to change the terms of the contest. ( discrambler) if the contestant sues he or she will most likely loose because she agreed to all the terms when signing up. A unilateral contract is usually not revocable unless stated. If I agree to buy someones boat upon arrival at my dock, and I call that person and said I want to cancel. If the person is halfway or really close to my dock it is considered (performance has been substantially undertaken,) the offeror cannot revoke the offer. I can not undue the contract and I am legally binded to go thru with the offer. 26-Formal contracts includes: Negotiable instruments, which include A Checks, B Drafts, C Promissory notes D Certificates of deposit E All of the above A: 27- A contract that by law requires a specific form, such as being executed under seal, for its validity. A: 8- : Contracts that are simple but might be in writing. A: 29- A contract in which the terms of the agreement are stated in words, oral or written. A: In an express contract, the terms of the agreement are fully and explicitly stated in words, oral or written. A signed lease for an apartment or a house is an express written contract. 30- A contract formed in whole or in part from the conduct of the parties (as opposed to an express contract). A: For an implied-in-fact contract to arise, certain requirements must be met. Normally, if the following conditions exist, a court will hold that an implied contract was formed: The plaintiff furnished some service or property. The plaintiff expected to be paid for that service or property, and the defendant knew or should have known that payment was expected (by using the objective-theory-of- contracts test discussed on page 201). The defendant had a chance to reject the services or property and did not. EXAMPLE 8. 4 You need an accountant to fill out your tax return, so you find a local ccounting firm and drop by to talk to an accountant and learn what fees will be charged. The next day, you return and give the receptionist all the necessary information and docu- ments, such as W-2 forms. Then you walk out the door without saying anything expressly to the accountant. In this situation, you have entered into an implied-in-fact contract 31- A contract that has been completely performed by both parties. A: 32- A contract that has not as yet been fully performed. A: 3- A valid contract has the four elements necessary for contract formation: A An agreement (offer and acceptance), B Supported by legally sufficient consideration, C Made by parties who have the legal capacity to enter into the contract D For a legal purpose E All of the above 34 A contract is the result when the elements necessary for a contract f formation ( agreement, consideration, legal purpose and contractual capacity are met A: 35-Voidable Contract A contract that may be legally avoided (canceled, or annulled) at he option of one or both of the parties. A: 36- A valid contract rendered unenforceable by some statute or law. A: As a general rule, for example, contracts made by minors are voidable at the option of the minor Additionally, contracts entered into under fraudulent conditions are voidable at the option of the defrauded party. Contracts entered into under legally defined duress or undue i nflu- ence are also voidable 37 A contract having no legal force or binding effect. A: 38- A fictional contract imposed on the parties by a court in the interests of fairness and justice; usually imposed to avoid the unjust enrichment of one party at the expense of another. A: Usually, quasi contracts are imposed to avoid the unjust enrichment of one party at the expense of another. The doctrine of unjust enrichment s based on the theory that individuals should not be allowed to profit or enrich themselves inequitably at the expense of others. 39- A meeting of two or more inds in regard to the terms of a contract; usually broken down into two events? an offer by one party to form a contract and an acceptance of the offer by the person to whom the offer is made. A: 40- An offer and an acceptance. One party offers a certain bargain to another party, who then accepts that bargain. A: 41- A promise or commitment to perform or refrain from performing some specified act in the future. Three elements are necessary for an offer to be effective: 1 There must be a serious, ob jective intention by the offeror. . The terms of the offer must be reasonably certain, or definite, so that the parties 3 The offer must be communicated to the offeree EXAMPLE 8. 14 Marcus Business Machines contacts your corporation and offers to sell â€Å"from one to ten MacCool copying machines for $1,600 each; state number desired in acceptance. † Your corporation agrees to buy two copiers. Because the quantity is specified in the acceptance, the terms are definite, and the contract is enforceable. EXAMPLE 8. 15 Tolson advertises a reward for the return of her lost cat. Dirk, not knowing of the reward, finds the cat and returns it to Tolson. Ordinarily, Dirk cannot recover the reward because an essential element of a reward contract is that the one who claims the reward must have known it was offered. A few states would allow recovery of the reward, but not on contract principles? Dirk would be allowed to recover on the basis that it would be unfair to deny him the reward just because he did not know about it. 42- the seller may reserve the right to confirm or reject the sale even after â€Å"the hammer has fallen. In this situ- ation, the seller is obligated to notify those attending the auction that sales of goods made during the auction are not final until confirmed by the seller A: 43- , the goods cannot be withdrawn by the seller and must be sold to the highest bidder. A: 44- Agreement to agree agreements to agree may be enforceable agree- ments (contracts) if it is clear that the parties intend to be bound by the agreements. preliminary agree ment constitutes a binding contract if the parties have agreed on all essential terms and no disputed issues remain to be resolved. 10 How to cite Business Law Today, Essay examples

The Ecology Of A Rain Forest Essays (1186 words) - Forest Ecology

The Ecology of a Rain Forest In 1980, the estimated amount of rain forests in the world was 40,000 square miles. This number decreases each year by roughly 1,000 square miles due to construction and the resources being used for profit. It is too bad, because the rain forest is one of the most beautiful places on earth. It is the most diverse, containing the most species of living things, much more than anywhere else, and most have yet to be identified. All rain forests are located on earth's "green belt", that is, the area roughly around the equator that covers all the area from Mexico and the northern area of South America, to Africa, to India, streching out to Indonesia, the northern tip of Australia and all the way to New Guinea. This area is heavily covered with flora and fauna, and it abounds with life. In a rain forest, it is very wet and it rains every day or every other day very heavily. There is a high and steady level of heat and moisture. There are some general layers to the rain forest. It starts 135 feet up in the air, with the lofty crowns of the tallest trees in the jungle. They take the most light, heat, rain and the most punishment from the winds. Woodpeckers hunt insects in this layer, and also the black and white Colobus monkey can be found here, ready to lauch into the air, using his specially developed tail as a rudder to guide his flight. Beneath this is the second layer of trees, whose crowns form a forest canopy. Rain filters through this canopy, and the top sides of the crowns hold a large amount of ferns and other small plants whose roots never touch soil. They live off the water and nutrients held in the small pockets of the leaves and branches. Tree frogs and chimpanzees live here, burrowing holes to live in the vast vegetation. The third layer is called the "understory". This grows beneath the canopy. The gorilla makes this his regular hangout, also pythons lie here waiting for prey. The dim forest floor teems with life. Termites and ants feed on all the decomposing matter on the ground, and elephants make their way down a path of moss. Butterflies move silently by, and the air is still and very humid. These are the layers that make up the rain forest's complex ecology. In the rest of the essay I will describe some of the life forms found in the rain forest, and ways they affect the environment. In the rain forest, plants develop poisonous alkaloids to protect against insects, and insects develop complex digestive chemistry to overcome these poisons. Some of these plant alkaloids give native indians great poisons for darts, and to cancer researchers hope for a new medicine. The rain forest root systems are so efficient that almost all of the nutrients in decaying plants are recycled into new ones. Most roots are found within three inches of the surface in heavy clay or at the surface in sandy soils. Tiny rootlets grow up and attach themsleves to leaves. When the leaf decays, miniscule fungi on the rootlets take over and send threadlike projections into the leaf which absorbs all of the leaf's nutrient material. The phosphorous that the fungi produces is taken by the root, and in turn gives the fungus sugars from the tree. Also, termites and ants break down the forest litter. In a small lake in the middle of the rain forest, a small lizard skims across the water away from danagerous prey and attacks its own victim by suprise, yet another marvel of the tropical rain forest. Mutualism occurs in the jungle with a specialized ant and a swollen-thorn acacia. The acacia provides budlike leaflet tips which are called Beltian bodies, which the ants give to their young for food. The insects hollow out the tree's thorns when soft and green and raise their young inside. The acacia doesn't have chemical defenses to repel dangerous and damaging insects and demands pure sunlight for proper growth. The ants patrol the tree day and night. If any insect lands on the tree, they bite it with a poisonous sting. They also attack plants that grow onto the tree, such as a vine. In this case, they would attack the vine at it's base and pull it off the tree. There are also small leaf-cutting ants in the jungle that cut a portion of a leaf, bring it to their home,

Being There by Jerzy Kosinski essays

Being There by Jerzy Kosinski essays In social encounters, people in general project a public or on-stage self, and we think of it as covering our authentic face- the face behind the social mask. People often act in the opposite way of what they are really thinking in order to impress others. However, Chance, in Jerzy Kosinskis Being There, couldnt think or act on his own. His behavior reflects what he has observed on television and in his garden. Chance presents himself to others in such an honest manner. What he shows the public is exactly who he is. He doesnt have a private or public self; he has only one face- the face of true human nature, which is the product of TV images and his garden. Television created Chance as did the garden. The garden seems to give him physical existence while the television gives him a mental existence. However, this mental existence is a false one. Contrary to his life in the garden, in the outside world Chance is a blank page, acceptable to all people because he is like all those characters on television. Because Chances behavior depends on what he has seen on television, he is uninformed and incompetent in many areas. Although this book is a bit far-fetched and ridiculous at times, Kosinski makes a very valid point. He seems to point out that in the culture we live in, superficial perception is everything while real thought is often neglected. The media plays a large part in shaping our notions of leadership. The media creates an image for Chance- they give him an occupation, a relationship of intimacy with the President, and status. They hype him up to make him seem newsworthy and interesting because they have to have people to write about. Even though Chance may not be the brightest person, people are drawn to his personality and his unintentional words of wisdom. People seem to trust him, instinctively. His meaningless utterance ...

How To Ramp Up Results Even When Your Industry Lags With Ted Horan

How To Ramp Up Results Even When Your Industry Lags With Ted Horan Different industries directly impact the marketing processes, tactics, and tools that prevent marketers from being productive, organized, and focused. Is your industry leading or lagging in marketing and technology consumption? Today’s guest is Ted Horan, vice president of marketing in eCommerce at RDO Equipment Company. Ted describes how the company overcomes makeshift marketing to be a leader in the construction and agriculture industry.   Candid Customer: What works and what doesn’t with tool Farmer to Founder: Ron Offutt’s entrepreneurial spirit for equipment business Evolution of Equipment Industry: Sales-heavy, outdated, one-man operation Catch up vs. Keep up: Create a digital presence to sell more and be relevant   Ultimate Goal: Become a strategic partner with those driving revenue every day Ever-changing Tech Environment: Rely on tools to react, pivot, and adapt Pop-up Projects: Prioritizing flow of ideas and fire drills depends on budget, resources, and capacity Qualifiers: Find tools to manage/optimize workflow in a way that makes sense Are you winning? Surround yourself with a strong team and necessary skill sets   Links:   RDO Equipment Company John Deere Vermeer Microsoft Teams Gartner for Marketers (formerly CEB) The Challenger Sale by Matthew Dixon and Brent Adamson The Challenger Customer by Matthew Dixon and Brent Adamson New Marketing Suite If you liked today’s show, please subscribe on iTunes to The Actionable Content Marketing Podcast! The podcast is also available on SoundCloud, Stitcher, and Google Play. Quotes by Ted Horan: â€Å"Marketing has evolved out of necessity. When those commodity prices dipped, it created a perfect storm. In many industries, it exposed opportunities.†Ã‚   â€Å"These tools are only as important as the capacity we have to use them.† â€Å"There’s really no cookie-cutter tool that speaks to my team to the extent that it answers all our challenges and issues.† â€Å"You have to understand so much about today’s buyer and the journey they’re on to be successful. That is challenging.†

Warsaw Ghetto and The Pianist Research Paper Example | Topics and Well Written Essays - 1500 words

Warsaw Ghetto and The Pianist - Research Paper Example This essay focuses on description of the life and death in the WWII times in the Warsaw Ghetto, in Poland. The researcher analyzes the book written by a survivor of the events that are described in the book and then the movie, the Pianist. Wladyslaw Szpilman, who is an author and the main character of the book was a Polish Jewish man who lived through the Jewish Holocaust. He was a musician and his experiences were shown in the movie and the book, named The Pianist. The book was written by Szpilman and his son was able to get it published because he wanted people to know what happened to his father during WWII times. The Holocaust was a tremendously bad situation that happened to the Jews in Europe and reading a such personal account and memories was very difficult for the researcher at times. The Warsaw Ghetto in Poland was where most of Szpilman's experiences happened. The essay follows the book and describes The Warsaw Ghetto that was not a happy place or one where people were tre ated well. Life and war experiences of the main character were also described as well. To conclude, the researcher gives his own opinion on the book that he analyzed. The researcher thinks that this was an interesting time in history and it made him want to read some more about the Holocaust but it is also very difficult to read it at the same time. He also thinks that the movie was very hard to watch and he was in tears many times watching what people did. At the end, the researcher hopes that this never happens again to anyone.

Biblical Worldview Essay Example | Topics and Well Written Essays - 750 words

Biblical Worldview - Essay Example s of words contained in Genesis 1: 26 which say that, â€Å"God thereby said, let us create man in our likeness and image, and let us give him dominion over every creature of the earth. This paper therefore argues that since man is created under the image and likeness of God, there is a need of treating mankind with respect, honor and faithfulness. The work that gives me satisfaction is systems analyst. This work involves researching on problems, planning solutions on the problem researched, and recommending software’s and systems at the functional level of a computer. My job also involves preparing broken computer servers, for business organizations, and individual companies. As a system analyst, it is my duty to act as a liaison between computer vendors, and experts of information technology. While carrying out my duties, I’m always under the inspiration of God’s word contained in Romans 12:4-8, which requires mankind to carry out their duties and vocation in a manner that is perfect, and pleasant to God (Groh, 2010). This scripture denotes that Christians are the body of Christ, and each Christian has different gifts. Christians should therefore use these gifts for purposes of serving each other. Under the image and likeness of the Almighty God, there are three major issues that we need to understand. The image of God that Genesis 1, refers to is not a physical image. This is because the bible in John 4:24 denotes that God is a spirit and therefore, to worship him, it must be in truth and spirit. Therefore, God does not possess a physical body that is made up of blood and flesh, but a spiritual body (Pembroke, 2012). However, the image of God that the scriptures talk about is the mental image. God has given mankind a mental capability that is far much above that of animals. This was for purposes of enabling mankind to carry out the work of God. Gods work was to protect the earth, and every living thing that existed in earth. As a system analyst, my duty

A Normal School Day :: Free Essays

A Normal School Day The cold air hit me in the face as I opened the door, and with it a cold foggy world unfolded. The air was cold and crisp, and their was a slight crunch as my steps crushed the crystallised green structures on the cold sleeping floor as I made my way across the field towards the lonely bus stop, trying to dodge the muddy, waterlogged pits that filled the field. As I reached the end of the field, I had top scramble down a short slimly path to my destination which was very slippery at this time if year. The bus stop couldn't really be called a bus stop, it was just a post in the ground with a picture of a bus on it which had the rank of 'bus stop'. We had to wait for minutes that felt like hours, for a dirty cream and brown box with a grumpy face, covered from wheel to roof in dust, the red mud around the rims had dried from previous excursions, the remains of its unsuspecting muddy victims. The dirty rotting portal of a door opened with a hiss as we all filled in to the rotting carcass on wheels. The journey only lasted 20 minutes, which is nothing if you have lived her all your life, after a while you begin to realise that its only the tourists who are willing to acknowledge your existence in the world, which is good in a way. But we never had proper roads, when we pointed on a map and said 'that's it , that's where I live, they would look at you strange as you pointed at one small A road running through mid-Devon. Even the map denied our existence, they only ever showed the one road that meant so much to us, our one link to the outside world 'the city'. The bus was warm in the cramped bus, which managed to raise our spirits as the rain hit the ancient windowpanes, and watching the wind fighting with the trees, trying get its own way.