Business Law Essay

Business Law Essay Business Law Essay Nature and Terminology Contract law - the formation and keeping of promises-legally binding Source of contract law-common law-except where modified or replaced by statutory law -UCC -sale or lease of goods, checks or administrative law Two parties Promissor - making the promise - PR Promissee - person to whom the prime is made - PE Contract - agreement between two parties (or more) is legally binding, agree to perform or refrain from performing an act now or in the future Objective theory of contacts - element of intent is very important - judged by outward objective facts - as interpreted by a reasonable person standard Objective - One answer, subjective - multiple answers Three factors What the party said How the party acted or appeared Circumstances surrounding the transaction Elements (Requirements) Agreement - Need an offer and an acceptance (more in chapter 12) Consideration - Must be supported by legally sufficient bargained for value (more in chapter 13) Contractual capacity - must have this (age, sober, lack mental capacity) (more in chapter 14) Legality - must be (contract’s purpose) to accomplish a goal that is legal and not v. public policy (more in chapter 14) Let’s assume we meet all four requirements - possible defenses Voluntary consent - both parties agreed (more in chapter 15) Contract must be in a form with respect to whatever the law requires (more in chapter 16) Contract classification Bilateral contract v. unilateral contact Bilateral - Promise for a promise eg one part offeror makes a promise, offered may accept by promising to perform, contract exist at the moment promise made Unilateral contract if the offer can accept the offer by performance (promise for performance)- contract exist moment contract is performed Potential problem - PR attempts to revoke (take back) the offer after the PE began performance Present view - offer to perform becomes irrevocable once performance has begun Formal v. informal Formal - contact that requires special forms or method or formation, to be enforceable Informal - simple contract - no special form is required Express v. Implied Express - specific terms of agreement are fully and explicitly stated in words, oral, or written Implied - contract is implied from the conduct of the parties For implied, need three elements P must furnish some service or property P expected to be paid for that service or property and D knew or should have known that payment was expected D had chance to reject the services or property and did not Executed v. executory Executed - fully performed by both parties Executory - not fully performed by both parties Contract enforceability Valid contact- one that has all four elements Voidable contract- valid contract, one of the parties may be able to avoid the contract at their option (or both) can avoid it or ratify it Minor - contact may be unenforceable because of certain legal defense Void contract - not a contract at all, no legal obligation to any Business Law Essay Business Law Essay Business Law Law- the body of rules that can be enforced by the courts or by other government agencies. Sophisticated Client- Person who understands the role of a lawyer and knows when to represent himself/herself and when to get the help of a lawyer. They understand the cost associated with a lawyer and how the process works. Legal Aid- Legal help for people who cannot afford a lawyer. Civil Law- A list of codes that judges apply to cases. Common Law- Law based on past decisions made by the courts with regard to cases with similar circumstances. Stare Desists- â€Å"To stand by previous decisions† Law of equity- A system of law in which the rule of presidents was not followed every case is treated as a new one. Statute- A law passed by properly constituted legislative body. â€Å"Parliament† Paramount- When provincial and federal laws conflict the federal law will prevail. Chapter 4 Tort- Civil wrong, it occurs when one person causes injury to another person, harming his or her person, property or reputation. Vicious liability- An employer may be held responsible for torts committed by employees while on the job. 1. Intentional torts- Torts done on purpose, deliberate torts. 2. Assault- both the actual striking of a person (battery) of the threat of striking a person (assault) Defences A. Consent- the victim gives permission for the action to take place. B. Self-defence- reasonable force being used to protect one’s self, people under the care of a person or the person’s property. C. Lawful Authority- some people have the right to administer disciplinary action to others. 3. Trespass to land- involves someone who goes onto another person property without having the lawful right of the owner’s permission to do so. 4. False imprisonment- occurs when people are restrained against their will and the person doing the restraining has no lawful authority to do so. 5. Private nuisance- anyone who carries out an action that interferes with the use and enjoyment of another person’s property. 6. Defamation- A statement that ruins or lowers the reputation of another person. The statement can be oral or spoken (slander) or written, printed (libel). Defences of Defamation 1. Truth 2. Privilege- A defence which allows certain people in certain situations to make untrue statements without incurring liability for defamation. (Statements made imperilment and provincial legislation) 3. Qualified privilege- allows certain people not to be liable for defamation if it occurs in the course of the job duty. 4. Fair comment- when people put their work up before public viewing, they invite criticism. Chapter 5 Unintentional torts- the inflection of a wrong though careless conduct Reasonable person test- what would a reasonable person do in the same situation. A: A duty to exercise care must exist B: Breach of the standard of care C and D: Causation and damages Misfeasance- when a person acts in a social undesirable way. The courts will likely provide compensation or remedy. Nonfeasance- when a person fails to do something unless it is their duty, courts are not likely to provide compensation. Plaintiff- The person doing the suing Defendant- The person being sued Res-ipsa-loquitor- Instead of the plaintiff proving that negligence acquired, the defendant must prove that negligence did not acquire it has been abolished in Canada. Prima facie- The plaintiff has proven their case from the facts that negligence has acquired. Dangerous premises- The occupier of land or property is responsible for keeping is safe for people who come on to it. People that come onto another person’s property can be divided into three categories. 1. Invitee- any business visitors (salesperson) 2. Licensee- anybody who enters a person’s property without permission. The occupier is not responsible to keep the place safe for this group; however the occupier is not allowed to intentionally

Transamerica V. Lynes Case Study Example | Topics and Well Written Essays - 750 words

Transamerica V. Lynes - Case Study Example The defendant in the case uses the sales and service invoice as evidence. The invoice  signed  invoice stated  that â€Å"I certify that the above materials or services have been received†. These words clarify that the document is a delivery receipt or a billing statement and not an integrated contract. Before the agent’s signature, there is a statement which says that the materials and services have been received in a good state and according to the terms and conditions (United States court of Appeals for the Tenth Circuit, 4). Therefore, the agent should have read and understood the terms and conditions before signing the document. The back side of the invoice contains facts renouncing express and implied warranties, determining prices, charges, and terms subject to change without notice. The information behind the invoice also, designates other charges that will be directed to the purchaser, and demanding payment within thirty days after delivery. The court only presented with the express warranty issue, and hence, it excluded the warranty disclaimer language written behind the invoice. The court had to undertake research and determine whether the advertisement by Spencer included express warranties giving assurances that the packers would work well in open well for long periods of time. The court later awarded the Transamerica company damages worth $196,577.62 based on their claim of a breached express warranty (United States court of Appeals for the Tenth Circuit, 4). The case presented before the jury involves sale of goods under the sale definitions and terms of the UCC, which are written in Kan Stat Ann (84-2-102, 84-2-105 and 84-2-106 (United States court of Appeals for the Tenth Circuit, 6). In this case, the four-year statute is applicable and hence the claim is appropriate. According to the Kansas law, any promises or affirmations in the advertisements by the seller that prompt the buyer to buy a commodity or service is considered as an express warranty.  

Incentive Plan (paraphrase) for my HR class Essay

Incentive Plan (paraphrase) for my HR class - Essay Example It is the responsibility of the supervisor to conduct a performance appraisal on the employees so as to ensure that the desired performance outcome is achieved in the organization. To do this, different performance appraisal methods can be used. One of the methods is the critical incident method in which the supervisor will write positive or negative performance behavior of a particular employee throughout the performance review period. Another method that can be used is the weighted checklist method where by a large list of descriptive statements of effective and ineffective behavior of the job are rated on each employee. The whole idea of performance appraisal is to ensure that the business retains efficient employees who can collectively perform towards the target goal of the business. Performance appraisal is also used in incentive programs of employees in the business. Incentive plans and acknowledgment programs often overlap to accomplish a common goal by being supervisor that increased motivation to perform. But there are differences. Traditionally, incentives are reserved for salespeople and tied to specific behaviors or outcomes like selling a specific product or line of products.

Placement Paper Essay Example for Free

Placement Paper Essay The placement in focus is a group of 15 – 19 year-old individuals who have been excluded from mainstream education due to behavioral problems. These problems can be generalized according to the description made by the American Psychological Association (2000) of oppositional defiant disorder or ODD as â€Å"a recurrent pattern of negativistic, defiant, disobedient, and hostile behavior toward authority figures. † Based on the theory developed in APA (2000), individuals who suffer from ODD find much difficulty in being able to operate effectively in a traditional learning environment. This falls in line with my findings on the social and personal development needs of young people in the placement. There were various areas identified where the individuals in the placement needed to develop. On a social level, the individuals need to develop forging less antagonistic relationships with one another. What was perceived throughout the work period of the individuals was that antagonistic factions have bee built up. These factions generally tended to have a racial characteristic, with those with the same racial traits (such as the Blacks or the Latinos), finding it reasonable to stay with one another. While this cliquing activity is normal amongst teenagers, what is not normal is the amount of antagonism that one clique gives to another. Another problem is that there are a few people who are left out by all of the cliques, and these people are the ones who are picked on most of the time. Being defenseless, these people have no choice but to take the psychological, and occasionally physical battery thrown at them by other members of the placement group. Towards solving this difficulty, there are several social areas within the members of the group that need to be developed. First is their sense of security. What is obvious is that many of the placement members are using membership to a clique as a way to have a group that would defend them when they are antagonized against. What should be developed in them is the idea that they do not need a clique to defend them against antagonism because the placement group is not a hostile environment but rather an environment for cooperative and mutual learning. If the members of the placement realize this, the fear between cliques that is generating conflict would abate and the members of the placement would learn to get along with one another better. The second area of social development is tolerance. The placement members should be acquainted with the concept of pluralism, that is, recognizing that there are different, conflicting ideas from different people that can coexist through mutual respect. An example of the lack of this trait is observed in cases when members get into an argument. Each member tries as much as possible to prove to the other that the other is wrong, and each is unwilling to make any concessions. It is important to develop in the placement members, the ability to recognize the value of the argument of others and to see that through reasonable debate and proper concessions, two arguments can reach an acceptable middle ground. On the level of personal development, there are also several points identified by the findings. First among these is that the placement members need to build a sense of life-direction. It was observed that many of the placement members do not participant because they feel that participation is pointless. The value of the education system is nonexistent within their perspectives and they believe that they are just wasting their time. Thus, what should be developed is the value of a good education. The placement members must be made to realize what opportunities they are giving up without a proper education. Secondly, diligence is another value that should be developed within the placement members. Most of the time, members try to seek the easiest way to accomplish the task, without considering that some tasks would take considerable effort to accomplish. While there is nothing wrong with trying to find shortcuts and the initiative of doing so is actually a positive characteristic, what should be developed in the placement group is the ability to realize when hard work is required by a task. These social and personal developmental needs should be addressed in order to help the members of the placement group function normally. Second Prompt In the project accomplished, four youths were asked to go to the local park where materials were provided for them for them to build a â€Å"rocket ship† that would contain an egg. The materials given were paper, scissors, cellotape, and the egg. Their objective was to make a contained for the egg such that when the container is launched (like a rocket ship) 25 yards high into the air with the egg contained in it, the egg would not break upon the ship’s impact on the ground. The objective therefore is to create a container that would allow the egg to survive being launched. In giving the youths the project, the facilitator presented the instructions clearly, so that the youths would understand exactly what was required for them to accomplish. The facilitator approached the topic with enthusiasm, and emphasized the â€Å"make-believe† side of the project by discussing matters about rocket ships before giving the activity. This created a deep sense of motivation among the group members which made them eager to begin working on the project. In order to help the youths become organized in working on the project, the facilitator suggested that they brainstormed first. That is, discussed individual ideas among one another so that they can synthesize the best way to accomplish the task. This work processes was very effective as seen from observing the youths at work. All of the four members were actively giving their opinions about how to go about the project. Based on the ideas that they were generating, they were slowly but surely constructing a solid plant that would later get the job done. However also during the observation, the theoretical perspectives of conflict was also playing out. The rejection of some suggestions from one member which were not well-received by another member created tension between two of the youths working on the project. The facilitator immediately made use of conflict pacifying techniques prevent the group from breaking down and the project from being left unfinished. This reinforced the earlier findings of the facilitator regarding the need for social development within the members of the placement group. The problem from a theoretical point of view is that they were highly resistant to conflicting viewpoints and see such occurrences immediately as acts of hostility that they need to counter with equal or greater hostility. Through making the members of the group see that their criticisms of each other suggestions can be utilized constructively, the tense members were pacified that the project continued. Based on a consensus among the group members, they resolved to construct the space ship by creating a hollow base filled with air. One of the members who knew how to make paper balloons created them from the material while the rest worked on the ship’s structure that would hold the egg. After they were done, they launched the ship with the egg in it and were successful at keeping the egg from breaking. What was observed by the facilitator in their success was that it strengthened their social bonds. When they saw that working together was successful, they applauded one another’s efforts and the two who had been previously antagonized against one another quickly settled their differences completely. Based on this observation, it is clear that the activity improved the youths capability to work together, to be more understanding of one another’s ideas, and to synthesize ideas in a manner that can get the task done right. What is recommended is that more activities such as the one accomplished be given to the members of the placement group. These activities can be used to convey actual learning objectives derived from the mainstream classroom. In this way, the youths would actually be learning not just about working together but about actual academic content through the activities that they perform with one another. Third Prompt There have been significant contributions of from different members of the placement. The placement experience has allowed members to become more aware about the value of education and has made members experience activities that enriched their social and personal development. The current policies in the educational system are effective as it is able to provide solutions to problems encountered in the classroom by sending problematic students to placements where they can be better acquainted with the learning process and be more ready to return to the mainstream classroom. Reference APA. (2000). The Diagnostic and Statistical Manual of Mental Health Disorders, Fourth Edition. American Psychiatric Publications.

Born Of Different Cultures Essay -- Cultural Identity Essays

â€Å"Many of us live on the hyphen of Different cultures.† This statement by Richard Rodriguez is true from many people in the world today. But what factors contribute the identification with culture and a nation? The various factors that define a culture are the way people see a cultures attitude, family values, religion in the family, and the origin of your family. At the present time the people of the world are very stereotypical, this is one of the many ways to misinterpret people of a different culture. To best understand a culture you should take the time to absorb their way of life to really appreciate their culture.   Ã‚  Ã‚  Ã‚  Ã‚  The first factor, which contributes to the identification with a culture and a nation, is a culture attitude towards outsiders. In â€Å"Canadians: What do they want?† written by Margaret Atwood, it tells of Americans attitude toward the Canadians as a lesser person and their need to be liked by others. The Canadians are looked at as inferior because after WW II, American business owners went into Canada and took over most of their businesses. Some Canadians hate Americans for this because they have taken their own identity away from Canada. In â€Å"The Arab World† by Edward Hall, he uses hidden dimensions and proxemic patterns to show how the Arab culture presents itself. â€Å"I moved my body in such a way as to communicate annoyance. Strangely enough, instead of moving away, my actions seemed only to encourage him, because he moved even closer.†(p.201) This statement shows how an Arab man makes an American man nervous by getting to close. But what is too close? In the Arab culture closeness is a sign of   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  2 respect, but in American culture closeness is only for people who are affectionate. Another example of attitudes in culture is in the story â€Å"Some Reflections on American Manners† by Alexis de Tocqueville. Tocqueville argues that American have no code of behavior and also has too much mobility in their actions. Through his essay Tocqueville uses the example that America has turned into an Individualistic Society and have destroyed the Aristocratic way of life with the new idea of democracy. The attitude of an insider of a culture is seen differently than what the visitors of that culture see. This view f... ...en their child is growing up in a neighborhood where they are the majority they can identify with them more easily. But when they move into a new neighborhood where they are the minority, they are usually picked on and have lower self-esteems. Trying to identify with a culture is a hard task to do for the children of the world today. Trying to find an identity for a child is an important thing while growing up.   Ã‚  Ã‚  Ã‚  Ã‚  In conclusion I believe that the factors that contribute to the identification of a culture are attitude, family values, religion, and the origin of your family. I was brought up not to stereotype; my parents put me in a school where there were diverse cultures. I 5 made many friends of different cultures and that has helped me to this day. Being able to identify with a culture better helps you to understand why and how the do things differently than you do. Most people are afraid to learn something new but when learning a new culture and not having a basis against it makes other cultures more interesting. I believe having more influence from many cultures make you a better person because you have the view of many, not just a few, or just one.

Identity and Belonging Essay

My family and I left the Kabul for Pakistan in 1995. Our dream was a better life a life which we could sleep a night with peace a life which we could walk with no fair. Me and my father we were working as labour for a small company, it was 50/km far from our home and we were going there by my dad`s bicycle. The work was hard everything was hard there, but when I was coming home and looking that my brothers and sisters are having book to read and they are going to school, we have something to eat and no one is here try to kill us I was felling like i have everything. With our straggle and hard working in 1999 my dad buy a house we moved there our life was becoming more comfortable we were happy. But we didn’t know that now something really bad is running after us. A really nasty day my dad was sick at home I was coming from work it was 7pm, I saw a car blocked my way four guy was standing beside the care they abused me with a really bad language and said come to car, i run to fight with them two of them took out the gun and shot near to my feat , one of them came near to me and hit me with the gun I fall down, when I weak up, it was a dark house my head was full of blood. I remember, the days which my dad was taken to Taliban’s prising because he was translator of American embassy. My dad was too keen that get him out of that, for me it was impossible. After six years, here is now three more guys with me, they are using us as cleaner dish washer cocks any kind of work. Every day we were planning to escape from there but we couldn’t. In 2009 we scaped from there but just three of us get succeed. I came back to Pakistan to find my family but no one was there they escaped from Pakistan too. I didn’t know where to go i went to my dad`s friend place, he told me my dad went to Iran and after 5 years he went to Australia, so my dad and all the family was in Australia. I was really happy by hearing that because they were save now. I get the number and call him, he told me he will sponsor me and i will be there in just one year but it was too hard to stay one day because the Taliban’s were still after me. So i chooses illegal way to came to us, went to Indonesia we were 80 people in boat a small boat, he told me he will sponsor me and i will be there in just one year but it was too hard to stay one day because the Taliban’s were still after me.

Margaret Fuller Vs. Herman Melville - 1259 Words

(1255 words) Margaret Fuller vs. Herman Melville Kendall Kinney ENGL267 In her 1945 article, Woman in the Nineteenth Century, Margaret Fuller illustrates a world in which â€Å"there exists in the minds of men a tone of feeling toward women as toward slaves†, and where men hold â€Å"the belief that Woman was made for Man†. Two books, Herman Melville’s Moby Dick and Woman in the Nineteenth Century, provide male and female perspective in the 19th century. These separate texts exemplify two sides of the same coin. On the one hand, Woman in the Nineteenth Century provides perspective of the feminine experience in a male dominated world while Moby Dick portrays a society from a male point of view and experiences woman as subservient to himself.†¦show more content†¦This is the extent of Melville allows to cover the depth of her character. In fact, when Ishmael retreats into the kitchen to request a second serving by simply â€Å"utter[ing] the word ‘cod’† (59), the interaction is more reminiscent of a person directing a dog to perform a trick than demonstrating an interaction with another human. The portrayal of Mrs. Hussey in which her personality is entirely dedicated to performing tasks mirrors Fuller’s description of the masculine ideal that â€Å"[women] must be kept from mischief and melancholy by being constantly engaged in labor†. Mrs. Hussey’s primary purpose in the plot is to serve two men, Ishmael and Queequeg. Despite her seemingly diligent service, Ishmael displays a lack of respect towards her. In the scene where Queequeg locks himself in his room for his Ramadan ritual, Ishmael disregards Mrs. Hussey’s request to not knock down Queequeg’s door and speaks to her in the mocking tone of, â€Å"La! la, ma’am!—Mistress! murder! Mrs. Hussey! Apoplexy!† (74). Ishmael’s actions align with the male saying expressed by Fuller that goes, â€Å"You cannot reason with a woman†. The second of the two appearing female characters is Captain Bildad’s sister, Aunt Charity, described by Ishmael as being â€Å"ready to turn her hand and heart to anything that promised to yield safety, comfort, and consolation to all on board a ship in which her beloved brother Bildad was concerned†(86). â€Å"After the Pequod had been hauled out fromShow MoreRelatedBrief Survey of American Literature3339 Words   |  14 PagesRevolution(1789—1799) Romantic vs. Neoclassic (1) Neoclassicism: - reason, order, elegant wit - rationalism of enlightenment in 18th-cent. Romanticism: - passion, emotion, natural beauty - imagination, mysticism, liberalism (freedom to express personal feelings) Romantic vs. Neoclassic (2) Innovation: - subjects: common life; the supernatural; the far away and the long ago - style: common language really used by men; poetic symbolism Romantic vs. Neoclassic(3) Good poetry