Hello, I am looking for someone to write an essay on Potential contractual defects. It needs to be at least 500 words.
Potential Contractual Defects (Add (Add (Add Potential Contractual Defects A contract is a legally binding agreement between two or more persons. Such a contract cannot be violated at the interest of any one of the parties involved. Only with the consent of all the parties signed, a contract can be treated as void. If the contract is violated, the aggrieved party can sue the other in the court claiming damages for the time and money he invested in the task. Here in this given case scenario, we are left with two questions.
1. If Krauses can avoid the contract he has entered into with Jud Wheeler for the sale of ten acres of land on the ground the price offered by Jud Wheeler is much lesser than the market value?
2. If Jud offered the Krauses one price and inadvertently typed a different, higher price into the contract, can Jud be held to the typewritten amount?
Answer to the first question is simple. Krauses cannot avoid the contract arguing that the consideration is inadequate. For, there is a provision in the Contract Act ‘consideration need not be adequate’. To be clearer, Section 79 of the Second Restatement (as cited in Klass, 2010, pp. 74-75) puts it. there is no requirement of equivalences in the values exchanged. As no court is interested in inquiring the adequacy of consideration, it is deemed that it will be sufficient to support the exchange.
The general rule of law is that if the payment is too little for the consideration from the part of the other, the former does not satisfy the requirements of a consideration. If in the given case, the agreed amount is too meager, Krauses can bring it to the notice of the court. As there is no information disclosed regarding the market price and the agreed price, let us conclude that there is no option to avoid the contract and both parties have to play their respective role in the contract.
In the second instance, what has happened is a unilateral mistake. In the case of unilateral mistakes, it is unlikely that it happens while drafting a contractual agreement. However, the severity of the mistake depends on the person who has done it. If it is the person who initiated the contract done mistake while drafting, he will be held liable. Here, if Jud was the one to initiate the contract, he will be held to the typewritten amount. For, it is while making the agreement that he committed the mistake. Though it was quite unintentional, he will have to pay the said amount as the written agreement is the sole evidence for the contract between the duos. He should have paid utmost care and attention while drafting the agreement and it is evident that the mistake has happened due to his carelessness. If such a mistake had come to the notice of Jud before signing it, he should have rectified it. As stated, “if either party knew of the mistake in the fundamental assumptions at the time of drafting, and that party did not correct that mistake, then there is no real mistake” (Rosen, 2000, p. 18.61). By signing the agreement, he declared that such an agreement has been drawn with his full knowledge and consent. Therefore, he himself is the sole responsible person for the mistake committed and cannot relieve him from the liability of paying the amount mentioned in the agreement though it is greater than the amount they agreed upon by words. If such a mistake was committed by Krauses, Jud would have an option to argue that Krauses intended to deceive him. Here the case is different and Krauses is innocent.
Hence, the only possible way to relieve from responsibility of paying the higher amount is to carry out a negotiation for the mistake done unintentionally and draft a new agreement.
References
Klass, G. (2010). Contract Law in the USA. Netherlands: Kluwer Law International.
Rosen, R. A. (2000). Settlement Agreements in Commercial Disputes: Negotiating, Drafting & Enforcement. USA: Aspen Publishers Online.
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Hello, I am looking for someone to write an essay on Porters Five Forces. It needs to be at least 250 words.
Johnson Controls supplies the Ford franchise with car batteries, electronics, seats and interiors. TRW is ranked higher than other peers in the industry including Johnson Control and it is due to this reason that TRW Automotive received two Ford World Excellence Awards. (United States Security Exchange, 2014)
3) Who are the major buyer groups of the product provided by the industry. what are their characteristics ( i.e. size of group, demographics, income level, etc.). are there many or few in each buyer group. who has power over whom?
4) The golden generation (55 to 64 year olds) had higher vehicle purchases than other age groups according to a recent survey by Michigan University. In 2011 alone, Ford Motors sold 23% of all its models to this age group, which was higher than all other industry players combined. This age group is estimated to be around 76 million and has passed 35 to 44 year old age group as the consumer leaders. (United States Security Exchange, 2014)
According to 2014 survey, the three main industry players are General Motors Company, Ford Motor and Toyota Motor. The total number of units sold by General Motors was 2.7 million. this represents 17.9% of the total market share. Ford Motors came second with 2.4 million units sold. representing 15.9% market share. Toyota came third with 2.2 million units sold in the US, representing 14.3% of the market share. (Business Monitor International, 2014)
Ford’s F-Series remains to be the best selling model in the US. However, there are domestic and international brands that are growing in popularity each year. Chrysler’s Jeep Cherokee reported 9% increase in sales, 1% shy of the F-series. Subaru has also seen its sales rise after it switched focus from china to the US. Other popular brands include Mercedes Benz and BMW. (Business Monitor International,
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Hello, I am looking for someone to write an essay on Portfolio letter. It needs to be at least 500 words.
The main benefit that I was able to gain from this course was related to the concepts of writing that were shown during the course. The papers that were written as well as the way that I was able to approach my personal understanding of writing helped me to develop substantially. I now have a better association with grammar, organization of papers and the mechanics that are related to English. The practical application of this through the various assignments helped me to practice writing and the techniques that are a part of this. This was one of the best concepts that were associated with the class, specifically because it allowed me to have a practical understanding of the concepts in the class and the expectations that were a part of the course.
Another benefit that was a part of this class was with the reading that was a part of the course. The analysis that was combined with this, as well as the research that was required, provided me with a deeper level of interest in the course. As I moved through this course, I was able to gain a deeper interest in the specific topics and the requirements that were a part of this. At times, I found specific interests that led me into personal research and development. Each of these was based on the studies of the course as well as the expectations that were a part of the different assignments. The mechanics that were a part of the essays written, as well as the association with research and analysis allowed me to develop and to gain further insight into the class and the expectations that were given from the syllabus.
The ability to learn these different parts of the class also allowed me to see specific weaknesses that I have in relation to writing and English. Grammar and sentence structure was difficult for me to grasp with the writing. There were several sentences that I would have to continue to revise when working on different papers. Each of these didn’t
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Hello, I am looking for someone to write an essay on Position paper. It needs to be at least 750 words.
It was decades ago that he presented the concept of a machines that would be able to calculate input variables in accordance with a function that would be provided to it. The much acclaimed Turing Test then evolved that distinguished a man from a computing machine and narrated that the better a computing machine is to the conceptual understanding of a man the batter it is.
Later on, based on Turing’s principles, modern day computers were evolved from a simple calculator where the function that required to be executed is now replaced by a program. A program in itself is a series of steps that need to be executed so as to calculate or rather ‘compute’ something.
“The fact is the notion of computing is a generalized concept which is essentially divorced from any physical or biological mechanism. There are two models of computation which are widely used today-both are exactly equivalent in power. One is a purely function and logic based formalism invented by the mathematician Alonzo Church called the Lambda Calculus. The other is an abstract device formalism invented by the mathematician Alan Turing called the Turing Machine.” (University of New Mexico, n.d.)
The above is an excerpt from a document at the University of New Mexico Department of Computer Science website. .The models of computation discussed in the statement above were discovered in those early times when mathematicians were busy finding out ways to automate their mathematical calculations.
It was then that Turing Machine became the first device that was actually attempting to compute something. It was made up of an extremely long tape. The tape was being read by a single head. There were either 0s or 1s inscribed on the tape. The concept of finite states could also be incorporated into the machine. To date, so far, no machine has been able to compute better than done on the principles of the Turing Machine. This is meaning to say that though the modern
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Hello, I am looking for someone to write an essay on Potential contractual defects. It needs to be at least 500 words.
Potential Contractual Defects (Add (Add (Add Potential Contractual Defects A contract is a legally binding agreement between two or more persons. Such a contract cannot be violated at the interest of any one of the parties involved. Only with the consent of all the parties signed, a contract can be treated as void. If the contract is violated, the aggrieved party can sue the other in the court claiming damages for the time and money he invested in the task. Here in this given case scenario, we are left with two questions.
1. If Krauses can avoid the contract he has entered into with Jud Wheeler for the sale of ten acres of land on the ground the price offered by Jud Wheeler is much lesser than the market value?
2. If Jud offered the Krauses one price and inadvertently typed a different, higher price into the contract, can Jud be held to the typewritten amount?
Answer to the first question is simple. Krauses cannot avoid the contract arguing that the consideration is inadequate. For, there is a provision in the Contract Act ‘consideration need not be adequate’. To be clearer, Section 79 of the Second Restatement (as cited in Klass, 2010, pp. 74-75) puts it. there is no requirement of equivalences in the values exchanged. As no court is interested in inquiring the adequacy of consideration, it is deemed that it will be sufficient to support the exchange.
The general rule of law is that if the payment is too little for the consideration from the part of the other, the former does not satisfy the requirements of a consideration. If in the given case, the agreed amount is too meager, Krauses can bring it to the notice of the court. As there is no information disclosed regarding the market price and the agreed price, let us conclude that there is no option to avoid the contract and both parties have to play their respective role in the contract.
In the second instance, what has happened is a unilateral mistake. In the case of unilateral mistakes, it is unlikely that it happens while drafting a contractual agreement. However, the severity of the mistake depends on the person who has done it. If it is the person who initiated the contract done mistake while drafting, he will be held liable. Here, if Jud was the one to initiate the contract, he will be held to the typewritten amount. For, it is while making the agreement that he committed the mistake. Though it was quite unintentional, he will have to pay the said amount as the written agreement is the sole evidence for the contract between the duos. He should have paid utmost care and attention while drafting the agreement and it is evident that the mistake has happened due to his carelessness. If such a mistake had come to the notice of Jud before signing it, he should have rectified it. As stated, “if either party knew of the mistake in the fundamental assumptions at the time of drafting, and that party did not correct that mistake, then there is no real mistake” (Rosen, 2000, p. 18.61). By signing the agreement, he declared that such an agreement has been drawn with his full knowledge and consent. Therefore, he himself is the sole responsible person for the mistake committed and cannot relieve him from the liability of paying the amount mentioned in the agreement though it is greater than the amount they agreed upon by words. If such a mistake was committed by Krauses, Jud would have an option to argue that Krauses intended to deceive him. Here the case is different and Krauses is innocent.
Hence, the only possible way to relieve from responsibility of paying the higher amount is to carry out a negotiation for the mistake done unintentionally and draft a new agreement.
References
Klass, G. (2010). Contract Law in the USA. Netherlands: Kluwer Law International.
Rosen, R. A. (2000). Settlement Agreements in Commercial Disputes: Negotiating, Drafting & Enforcement. USA: Aspen Publishers Online.
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Hello, I am looking for someone to write an essay on Power in leadership. It needs to be at least 250 words.
Throughout her career in the military, Johnson was a prime example for her colleagues as she would assists her students with surgical procedures as she was part of the U.S Army Medical Research and Development command. Furthermore, her valiant display of leadership enabled her to break the color and the gender barrier, a sensitive issue that haunted the nation and the army at that era.
Without a doubt, Hazel Johnson-Brown has contributed a lot to the field of nursing. I would implement several of her techniques that can become the centric point of my career. First, I would embed her work ethic in my career. In addition, I would try to act as a facilitator for my colleagues and not be selfish about education or experience I possess. Furthermore, her ambitions would allow me to take charge in critical situations that can not only give me a confidence boost but enable me to harness my learning curve as I transition from a student to a professional.
Power and influence are two vital aspects that come with integrity, responsibility, and leadership. Embedding the core principle of responsibility in my opinion is one of the most vital aspects of attaining power and influence. In any given profession, it is essential that one “delivers on time” and fully delivers in critical situations. In addition, responsibility can be a channel for being a leader in the team. Incorporating a hard work ethic and giving dedication in this career allows the hospital staff to appreciate your hard work. Hence, it gives them confidence in you to allow you to give leadership roles in vital situations. If one can implement all these vital aspects, power and influence can be achievable at a higher
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Hello, I am looking for someone to write an essay on : Practice Involving the Model of Ethical Decision Making. It needs to be at least 1000 words.
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These theories vary in their values and items of consideration for example Unitarianism places much weight on the final consequence and the overall good of the society. This means they do not place much importance on the means of achieving something, whether evil or good. Other models like Kant’s-Formalist-Theory places much weight on the moral structure of a moral judgment. This means it focuses on what ‘we ought to do’, in other words, that we are morally obliged to do for others. This theory considers that even if the consequences of something are good, it is considered unethical of the means of arriving at it is evil or unethical. That is, if something is wrong/bad, it is wrong/bad all the time. Introduction Sometimes, counselors are faced with a great challenge of making decisions on matters whose consequences could greatly on the relationships, marriage, reputation or even the safety of the parties involved. At such times, counselors have two or more options each having different consequences. In such cases, counselors have to maximize their ability to think ethically so as to arrive at the best solutions and normally, the best way to do this is to apply the various models of ethical reasoning. …
According to Josephson Institute of Ethics (1999), the ethical decision making model consist of five main steps namely clarify, evaluate, decide, implement, and monitor and modify. The first step is to clarify. In this stage, the counselor should precisely determine what must be decided and come up with alternatives. In this case, what is to be decided is whether to terminate the e-counseling based on the revelations mail send accidentally to her by the wife, then inform the husband on the contents of the mail. Alternatively, she could maintain confidentiality and continue with the e-counseling despite knowing the evil intentions of the wife. The counselor should eliminate any illegal, impractical or improper alternatives if any. For the chosen options, the counselor should determine the values and ethical principles involved. One of the theories that can be applied by the counselor to select the right alternatives and finally, the best course of action is utilitarianism. According to this theory, the proper course of action in any situation is one that capitalizes/maximizes on the overall good of the society. This theory is consequential in nature meaning that the moral worth of an action or a decision is determined by its resulting outcome (Wallace, 1988). (Shaw (1999) explains that Act utilitarianism insists on the selection of an option that will generate the most pleasure. The second theory is Kant’s-Formalist-Theory. This theory places much weight on the moral structure of a moral judgment.
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Hello, I am looking for someone to write an essay on Preparation for Mentorship ( Given Scenario). It needs to be at least 2500 words.
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Due to his many issues, Paul is identified as having a learning disability. However, his case is neither new nor is it unique, and certain metrics can be utilized to better understand the situation. According to Duffy (2004), mentors find assessment of underperforming learners to be a substantial challenge. However, it is the role of both the health care professional and mentor to offer support to such learners, ensuring they are competent in their practice. Thus, as a mentor, coaching around Paul’s learning disability may make the process more difficult, but definitely not impossible. The mentor actually has a powerful takeaway from working with Paul in the sense he or she is able to share his experiences and coach another individual. In fact, it is overcoming his obstacles that may breed inspiration within his mentor in future scenarios. Research Aims Against this background, this work intends to critically analyse the role of the mentor in such a scenario. Initially, it will define mentorship, following up with an explanation of the mentor role, concluding with a critical analysis of research studying mentoring effectiveness in similar situations. Furthermore, this paper will explain the impact mentoring has on the mentor. In Paul’s case, mentoring will help him to live with his learning disability, rather than deal with it. At the same time, he will be doing more than learning, but also teaching. He will be showing the mentor that he can do what he is putting his mind to and so can they. Some of the characteristics of a mentor that will help Paul in realising this goal include the ability to initiate ideas and foster a willingness to learn in another person. While mentoring another person, the mentor is actually getting just as much, if not more, than the mentee. Paul will learn about emotional intelligence, and be afforded the opportunity to explore what that looks like in a mentoring relationship. Another characteristic is openness to diversity. This is one characteristic that both benefits the mentor and the mentee. To the mentor, Paul is granting a unique and in-depth look into his life, allowing others to experience the diversity that he brings to various situations. What is Mentorship? To gain a clear understanding of the concept of mentorship, it is imperative to first define the terms for intents and purposes of this research. The Businesswomen’s Association (2011) website defines mentoring as “a relationship between two parties who are not connected within a line management structure, in which one party (a mentor) guides the other (the mentee) through a period of change towards an agreed objective.” This definition will be the one used for the purposes of this research. Mentoring is about providing help and support in a non-threatening way. such a manner that the learner appreciates and values the constructive criticisms and feedback, allowing it to empower him or her to move forward confidently toward his or her ultimate goal(s).
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Hello, I am looking for someone to write an essay on Prepare for Debate (Marketing Behavior class). It needs to be at least 250 words.
This information exemplifies that due to the enormity of products offered in the market, through various media which teenagers actually access, their skeptical attitude could potentially ward off advertisers who aggressively market their products and services.
Finally, teenagers are the most diverse market segment (Mediamark, 2003, p. 5) and have distinct choices with regard to the products they intend to buy, where to buy them, and what medium they most frequently use to search for products and services. Marketing aggressively means a marketing approach or strategy that is very forceful, energetic and costly. By marketing aggressively, the organization would be spending resources on strategies where teenagers could not even pay attention to.
According to Best Knowledge Source (2010), “teens are the hardest demographic to market to. They are the most challenging and unpredictable group to try and reach. As with any marketing strategy the key is to know who you are trying to sell to and what interests those most. Since most teens are still trying to find themselves and dont always know what they want, its hard for businesses to find out what most matters to them” (par.
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Hello, I am looking for someone to write an essay on Prescription Drugs Abuse, such as the opioids class: morphine, hydrocodone, etc. It needs to be at least 2000 words.
ral years have become more and more willing to give prescriptions for high-powered painkillers/opiates/depression medication, and a variety of other habit-forming medicines. oftentimes without a specific were verifiable need being evidenced within the patient. In such a way, those individuals who have a propensity or are already addicted to these substances merely engage in a process that is known as “doctor shopping” as a means of legally obtaining substances that they are then in turn either take themselves for sell to others. As a means of discussing in addressing this particular problem, the following analysis will seek to analyze the issue of addiction, discuss who was ultimately affected and how, analyze how the problem is change overtime, consider the factors which it contributed to the problem, and speak to the unique ways in which society has attempted to address this situation. Therefore, it is the hope of this analyst that such a unique and very level of understanding will help the reader to come to a more broad and complete appreciation for the level of deviation and similarity that exists between illegal street drug usage and addiction as well as pharmacologically prescribed and used/abused substances. In effect, although vastly different and understood within the societal context in a different manner, these two determinants are much more similar than one might initially believe.
Firstly, with regards to what the problem actually is and how it is defined, the reader should consider what addiction actually is. With respect to whether drug addiction can be named as a disease of the mind, the argument basically falls into two different areas. First, there is the position that drug addiction is only a weakness of will that leads a person to seek out a way to lessen life’s difficulties. Second, there is the school of thought that describes drug abuse as a type of self-fulfilling prophecy with relation to the way people understand and categorize
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Hello, I am looking for someone to write an essay on Presentation for the book. It needs to be at least 750 words.
It reveals her true identity and the history of her family at work. Often, people might seem faceless in the society and because of that tend to deny their true self. Denial happens for some time but with courage and determination, they eventually come to accept themselves for who they are. Nancy was no exemption from this as she never believed in herself sometimes in her life, but when she finally recognized herself and what she is capable of she did believe whom she was.
The author takes as through her life with grandmother and there are a couple of letters exchanged between her and her grandmother. In the letters,It is evident that the attachment between the 87 year old grandmother and her granddaughter. The grandmother is worried about her grandchild’s life. The old feller is running out of time but with her persistence in writing she passes on her message to her loved one. It shows the conflicts between the modern society and the traditional society that was lived by her grandmother.
The grandmother’s request to see her granddaughter before she met her death but her wish was never accomplished. She felt that her daughter had lived in a foreign land for long and it was high time that she went back home. Nancy, on the other hand, feels that there is no need to go home as even her grandmother had gone into exile and was yet to feel free to go back home.
Nancy is disturbed by the genocide acts back in her land and she tries to seek understanding of the reason behind it. She seeks further, ways through which she can be accepted back to her people and have her gender treated in the same way as the opposite one. She wants her existence felt as is revealed in the chapter: “Two headed bird,” where the writer gives her meaning of the book. The book’s title originates from Armenian language and has homosexuality vices in it. Quote can explain this: “The truth was Grammy had managed to do both with me – be herself and love me
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