Friday, August 21, 2020

Baker V Osborne

Running Head: Baker v Osborne Development Corp. Contextual investigation Unit 2 Baker v Osborne Development Corp. Bonnie Leipold LS311-37COBL Business Law Kaplan University March 12, 2013 For the situation Baker v Osborne Development Corp. , Baker would have the option to sue the developer since the court administered the agreement questionable. This was on the grounds that at one point the agreement read, â€Å"shall be chosen by the arbitrator† and another point in a similar area the agreement read, to be controlled by the judge or by any court. The discretion understanding was procedurally and considerably unconscionable, since the mediation understanding was excluded from any agreement between the purchaser and the developer. The mediation understanding was contained in a different archive that the purchasers were not solicited to sign at the time from the property was bought. The court discovered meaningful unconscionably in light of the fact that it would be far-fetched for the manufacturer to sue the purchaser. Intervention has gotten progressively known for legal disputes today.Arbitration maintains a strategic distance from cost and deferrals for prosecution as well as it places the question before the referee who has the aptitude to comprehend the case. States, for example, New York, New Jersey have reliably authorized intervention of questions represented by the FAA. (Berardo and Clemens, 2012) The NCR Corporation v Korala Associates LTD case said in upholding a legitimate intervention provision the courts must glance at the whole agreement to figure out what goes to mediation or goes to court.This case had numerous conceivable assertion circumstances; two of them included Korala getting programming claimed by NCR, APTRA XFS and S4i. Since just the APTRA XFS was remembered for the agreement, just the circumstance including the APTRA XFS programming was sent to intervention by the courts. The issue with S4i programming would need to be prosecut ed. This is likewise the situation with Baker v Osborne Development Corp. , The first agreement did exclude the discretion provision being referred to and the purchasers were permitted to sue the improvement organization. ReferencesBaker v Osborne Development Corp. , 159 Cal. Application. fourth 884,71CalRptr. 3d854 (2008) Miller, R. , and Jentez, G. (2010). The legitimate and sacred envionment of business. In R. Dewey (Ed. ), Fundamentals of business law : Summarized cases (eighth ed. , pp. 90-91). Artisan, OH: South-West Centgage Learning. Berardo, J. , and Clemens, J. (2012). Recovered March 13, 2013 from http://claimes-the executives. theclm. organization/home/article/Arbitration-conditions in-Construction-Contracts Retrieved, March 13, 2013 from http://www. ca6. uscourts. gov/assessments. pdf/08a0029p-06. pdf.

Sunday, July 12, 2020

Essay on Helping People - Sample Papers and Instructions

Essay on Helping People - Sample Papers and InstructionsTo write an essay on helping people is very easy. For students, it's very difficult, as the ability to write such a difficult essay is well beyond their reach.However, with the right information, essay on helping people can be written in no time. This is true since essay on helping people is not only concerned with the content of the essay. It should also take into account other elements such as the structure and format of the essay, the way it will be distributed and delivered, the end result that is expected from the audience, the grade the student wants to achieve, the thesis statement and other relevant aspects.In short, for this type of essay, one has to read all the tips, guides and examples, write an essay based on it and then submit it. The only problem is that very few schools and colleges to provide such guidance. Most universities do not require students to prepare any essays on helping people samples. The same goes f or most classrooms.The good news is that many companies are now providing students with such help. There are many sites offering such samples. These websites usually have samples of essays on teaching English to native speakers and how to write the same in the form of essay.While these samples are not as formal as professional assistance material, the content of the essay and format are still very much needed in order to write the essay effectively. Such sites usually make available sample materials that are already prepared and distributed by a large number of teachers and tutors.As a matter of fact, most such sites also give sample assignments that the student can use to help prepare the essay. The students can also customize the assignments according to their preferences. One can even hire tutors to coach the students and help them with the process of writing the essay. The cost of such services varies depending on the quality of the material and the skill of the tutor hired by t he student. The same goes for the number of tutors who will be hired.Essay on helping people samples can also be provided to the students as a download or a CD that they can bring along to school. This way, the students can get the first hand experience of writing such an essay and see if they can write one of their own.

Wednesday, May 20, 2020

Robbing the Rich to Give to the Poor Essay - 917 Words

Robbing the Rich to Give to the Poor Poverty has conquered nations around the world, striking the populations down through disease and starvation. Small children with sunken eyes are displayed on national television to remind those sitting in warm, luxiourious houses that living conditions are less than tolerable around the world. Though it is easy to empathize for the poor, it is sometimes harder to reach into our pocketbooks and support them. No one desires people to suffer, but do wealthy nations have a moral obligation to aid poor nations who are unable to help themselves? Garrett Hardin in, Lifeboat Ethics: The Case Against Helping The Poor, uses a lifeboat analogy to expose the global negative consequences that could†¦show more content†¦Hardin attacks financial support to poor nations as he metaphorically compares it to the lifeboat scenerio in which the best situation is one in which no people are saved from the water thereby providing a better living condition for those already positioned in the b oat. Singer acknowledges Hardins arguments of property rights and population growth, yet combats the ethics of triage and suggests that one has a moral obligation of preventing some absolute poverty. Singer points out that absolute poverty is bad and it is within ones power to prevent some absolute power without sacrificing anything of comparable significance. Each author critiques whether one can have a moral obligation considering the impact of helping others out, yet in each position, global issues that encompass not one wealthy nation but all nations are coming into play. Religious and political views support Singer in his position that people ought to help out the poor. Singer proposes three premises that lead to the conclusion that one has a moral obligation to help out the poor. The first premise encourages one to sacrifice in order to aid another, if the sacrifice is appropriate. The second premise concludes that absolute poverty is a negative situation. The third pre mise that then leads to the conclusion that one should prevent some absolute poverty points out that it is within our power to prevent some absolute poverty. Singer is not alone in this view. In 1949,Show MoreRelatedAnalysis of Robin Hood Case1173 Words   |  5 Pageslieutenants as top management level, and see other people as employees, we can find that there is lack of middle management level in this organization. Under this circumstance, to decentralize the power means to build several functional departments and give each department right as well as responsibility of managing the organization. So the three top managers who are under supervision of CEO only needs to manage leaders of different departments and each leader will supervise their own departments; atRead MoreAnalysis Of The Movie Pancho Villa 1090 Words   |  5 Pagesjust for the land. But, for a revolution to happen, there has to be leaders, the leader that led the Mexican revolutionists was Doroteo Arrange, als o known as â€Å"Pancho Villa†. He was known for the Robin Hood for Mexico, would steal from the rich and give to the poor. He didn’t choose the life of a criminal; his destiny was to fight for justice in his country. Although Pancho Villa was a run away criminal, he was an important role in leading the revolution for the rebels. During the time that PorfidioRead MoreOutsiders Reflection on Difference783 Words   |  3 Pagesyouths of a town in Oklahoma, there is war. The two social classes, Greasers (the poor) and Socs (the rich), fight against one another, controlled by stereotypes, and two young teenagers change the history of it in a single night. The scene included in the movie when Dally robs the store gives the audience the understanding of how depressed and upset Dally Winston (Played by Matt Dillon) was and why he was led to robbing this store. This happened in the book, yes, but it never showed what really happenedRead MoreAmerica s Trade Area Of The Americas1494 Words   |  6 Pagesto try to save society. However, the only thing that it’s doing is hurting the social order. This happens because it creates more problems that are not being treated from the beginning. Crime has become a big problem during these hard times with the poor economy, but it has especially affected Latin America very deeply because of all the problems that overcrowded prisons have brought forward. In Latin America Brazil and Mexico are the two largest and strongest countries that have been affected withRead MoreRobin Hood: A Thief or a Hero? Essay840 Words   |  4 Pagesarcher. Robin Hood was a hero in his time. While many believe he w as a thief and a villain to the law, others feel he was a hero to the poor. Some people might say that Robin Hood stole from the government, and stealing is a crime, no matter what your cause is. They might also say that if people in this day and time stole from the rich and gave the money to the poor, they would be arrested because stealing is against the law. Finally, people who think Robin Hood was wrong in what he did might say thatRead MoreComparison of Journal of the Plague Year and Oroonoko Essay1147 Words   |  5 Pagestreatment of Africans was acceptable because they were a different species, and no amount of education or beauty could save them. Behn shows how unjust and brutal slavery is in Oroonoko. The treatment of slaves is comparable to the treatment of the poor, as both have few rights, and both are unjustly judged and mistreated based on social status. Behn begins Oroonoko with a description of the native people: they have long black hair, wear jewelry and paint flowers on their faces, and have allRead MoreThe French Revolution Was Inspired By The Ideas From The Enlightenment928 Words   |  4 Pagesagainst the normal traditions and religious beliefs relates to French Utopian Socialism because it challenges the normal British individualism by stating that the rich and poor should be more equal. French Utopian Socialism was seen as something that was too large to be realistic and did not succeed in its goal to equalize the poor and rich. Yet unsuccessful, the Voltaire s rebellious religious acts could have led French Revolutionists to want to create reforms on equality also. Cesare BeccariaRead MoreThe Failure Of The Insurrectionary Movement856 Words   |  4 Pagesare suffering in many ways in the hands of foreigners. The capitalist regime is taking everything from the natives and suffer huge monetary loss due to the high taxes. The natives cry foul of intruders who have taken control of everything including robbing the exchequer and carrying their proceeds to their home countries. Imperialism is the main argument that the author tries to bring out in this case. The foreigners exploited Canada’s natural resources at the expense of the local citizens. Local citizensRead MoreU.s. Presidential Election On The United States1042 Words   |  5 Pageswelfare policy are the most significant. Feizi stated in his teachings, â€Å"now if the ruler levies money from the rich in order to give alms to the poor, he is robbing the diligent and frugal and indulging the lazy and extravagant. If he expects by such a means to induce the people to work industriou sly and spend with caution, he will be disappointed.† The idea that providing for the poor by taxing the wealthy will discourage hard work is something that Trump believes, too. He wrote in his book TimeRead MoreMovie Analysis : The City And Suburb 1785 Words   |  8 Pagescontinual drenching rainfall making for o feeling of dystopic and scum. â€Å"How literary and film scholars observe a directors approach to visualizing and feelings towards the cities of their films. How the city should be perceived and the feelings it gives off. Movies can tell us much about our urban pasts present and future and provide insights into our collective hopes, fears, fantasies, and phobias.† As stated in the article Decent People Should Not Live Here. This can all also be seen in the movie

Wednesday, May 6, 2020

An Debate On Nature Versus Nurture - 1082 Words

Maricor Sumagang Professor Joshua Scott ENGL 01 21 May 2012 Constructing Identity There has been an ongoing debate on nature versus nurture that has been around for years. What determines our identity? Our biological nature or the things we grew up around? The answers to these questions still remain uncertain, but are still widely discussed. Deborah Blum shares her opinions on these issues in â€Å"Gender Blur†. In her writing, she challenges where we separate biology from society. While our biological nature determines our gender, our surroundings and the things we are exposed to make up our true identity. Biology can tell us about our bodies, but that doesn’t necessarily define us. â€Å"If you examine an embryo at about six weeks, you see that it has the ability to develop in either direction. The fledgling embryo has two sets of ducts–Wolffian for male, Muellerian for female–and either/or structure, held in readiness for further development. If testosterone and other androgens are released by hormone-producing cells, then the Wolffian ducts develop into the channel that connects penis to testes, and the female ducts wither away (681).† Technically we are all the same gender until we are six weeks old; therefore we all start out the same. As we grow in the womb, the only differences we will have are our genders; it doesn’t necessarily predict who we are and who we will become. â€Å"Back in the 1960s, Robert Goy, a psychologist at the University of Wisconsin at Madison, firstShow MoreRelatedThe Debate On Nature Versus Nurture Essay969 Words   |  4 Pagesdetermine its form† (Fraser). The debate on nature versus Nurture has been a mystery for years now, constantly begging the question on what has a greater effect on the human development of humans. Is human behavior, ideas, and feelings innate or are they learned over time. Nature, or genetic influences, are formed before birth and shaped through early experiences. Genes are viewed as long and complicated chains that are present thought life and develop over time. Nature supporters believe that genesRead MoreThe Nature Versus Nurture Debate Essay1911 Words   |  8 Pagesbut our genes are not talked about as much when behavior is the topic. This is how the nature versus nurture debate came about. Scientists who believe in the nature theory believe that people behave the way they do due to heredity and genes. On the other hand, nurture scientists believes behavior is taught and influenced by the environment and the surrounding people. Many say that behavior results from nature, while others believe in the opposite, the environment. Human development has been viewedRead MoreThe Nurture Versus Nature Debate1743 Words   |  7 PagesThe nurture versus nature debate is commonly seen as one of the most important issues in psychology. It is assuredly one of the best researched, with various studies dating back to the beginning of the 20th century. Two schools of individual difference theorists clearl y differ in their approach to this question. The first school of thought, implanted in social psychology and sociology, claims that the environment is of principal importance in determining how individuals behave. For these theoristsRead MoreNature Vs. Nurture : The Debate Of Nature Versus Nurture895 Words   |  4 PagesNature vs. Nurture The debate of nature versus nurture has been an ongoing debate for a long time. When applying this argument to education there is no proven winner. The nature side of the coin believes that a person is born the way that they are. This could include intelligence level or personality traits such as being outgoing or shy. The other side of the argument of nurture believes that the type of upbringing that someone has will play a large role in the way they develop. It is thoughtRead MoreEssay on Nature Versus Nurture Debate987 Words   |  4 PagesThe nature versus nurture debate is one of the oldest and most controversial issues in Psychology. The nature versus nurture debate revolves around the contributions of genetic factors and environmental factors to human development. The primary method of attempting to determine which of these effects human development the most has been cross-cultural studies. Cross-cultural studies are studies conducted across more than one culture, based on the assumption that the differences between cultures geneticallyRead MoreThe Nature Versus Nurture Controversial Debate1492 Words   |  6 PagesIntroduction The nature-versus-nurture controversial debate has always been central to the theme of development. Naturally, several predominant theories come to the fore and place different weights on nature and nurture. My concept of interest is active adaptation theory, which falls on the relatively endogenous side of the scale of source of developmental change. From the active adaptation perspective, individuals play an active role in their development; they possess the power to influence theirRead MoreNature versus Nurture Debate Essays776 Words   |  4 PagesFactually Naturally People have been arguing about nature versus nurture for centuries. Does genetics or upraising have more effect on a person? Human development is influenced by various things. But nature, genetics, contributes more to development than the environment does. While nurture has some influence, nature has much more. Genes are responsible for altruism, personality is linked to individual genes, and genetic disorders are effects of nature that can cause drastic differences in qualityRead MoreNature Versus Nurture Has Been A Big Debate In The Past1433 Words   |  6 Pages Nature versus nurture has been a big debate in the past few years. Debates and arguments from both sides has its own statements which makes their side stronger. Some argue that it is in the genetics if a person is intelligent where some state the opposite, that surroundings make a person intelligent which improves them in a person mentally and physically. In the 1950s psychologist Harry Harlow studied the effects of maternal deprivation on the development of baby monkeys. Some philosophers suchRead MoreThe Formula for Fruition: The Age Old Debate of Nature Versus Nurture by Kendra Cherry1508 Words   |  7 PagesThe Formula for Fruition: Nature vs. Nurture The Story of My Search Have you ever wondered what makes a person successful? Why is it that people who grow up in the same environment grow up to have such different qualities of life? As a child of two parents who would be considered â€Å"successful† by society, I’ve always wondered how differently I would perform in life had I been the child of different people or raised in a different environment. I’d heard plenty of stories about people coming from badRead MoreThe Psychological Debate Of Nature Versus Nurture- Is Behavior Influenced By Innate Drives That We Are Born With1660 Words   |  7 Pagespsychologists have heavily debated whether personality does determine behaviour and to what degree. This essay centres around the fundamental psychological debate of nature versus nurture- is behaviour influenced by innate drives that we are born with (traits) or the environment around us (situations)? In order to get a true understanding of this debate it is important to explicitly establish what the key terms in this question mean: Pervin (1994) -Personality is the complex organisation of cognitions

Round Midnight free essay sample

The movie Round Midnight, directed by Betrayed Tavern, Is a very well reflected portrayal of the Jazz scene, as It was known In the late fifties. The main character and protagonist of the movie, Dale Turner who Is played by Dexter Gordon, leaves New York to go to Paris. Dale leads the audience through the ups and downs of being a working jazz musician. The struggles of business, the 24-hour love for the music, the constant late hours of the night, the run-down residencies jazz musicians are sometimes forced to live in, and especially the fight against drugs.All theses details alp the audience realize what the scene was like back then, however, the Jazz scene as musicians know it today is completely different from how it was back then. In this aspect, I wouldnt recommend this movie to any non-Jazz musicians, because they would only get a taste for the period of time Tavern was trying to represent. We will write a custom essay sample on Round Midnight or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page One must realize that time changes everything, and for a fast evolving music like Jazz, one cannot expect this movie to be closely accurate to Jazz life as It is today for these reasons. Racism affects everybody on this planet, whether they know It or not.Racism has effect Jazz ever since It evolved from the evil wealth people. This is one of the reasons that this movie is not accurate to present day jazz life. Even though there is still an underlying tension between people of different race today, this tension does not come close to what racism was back in the fifties. It was ten times harder for black musicians to prosper back then only because of their color. White people did not want to see black people playing white people. If they did it would infuriate them and they would not want to listen to the music.Early in the film Dale describes how when he was in the army he had a picture of his wife who was white. And a fellow officer, who couldnt expect that this black man had a prettier white wife then he did, said a comment to Dale In which Dale responded by punching him In the face. Back then this was obviously unacceptable behavior. Dale paid the price and was beaten by many black officers. Almost any black Jazz musicals who lived through the period of time where racism was at an extreme will probably have some sort of story like this to be told. And many left the U. S to go to Europe where they knew they would not be judged by their color, but their music. Today, we have come a long way to fight the problem of racism and are getting closer to completely eliminating it. Jazz musicians today are never faced with the kinds of problems are mentors did, making this film only accurate for its time. In Round Midnight, Dale Turner is an alcoholic. The way Tavern presents this in the movie is very true about most cats back then. Many mentors of ours were into many drugs, even worse then alcohol. Heroin, Crack. And cocaine were all part of Caucasians lives and their struggle to get It.A prime example that comes to mind Is that of Charlie Parker who was extremely addicted to heroin. He was on the road one year with Dalzell Seychelles, and was finally kicked out of the band when he didnt show up for a gig because he was desperately in search for heroin. Musicians back then they realize what a horrible impression it gives to Jazz and the audience. Anybody who hatchs Round Midnight would probably think every Jazz musician today was an extreme Junky which is the total opposite from true. The stereotypical Jazz druggie, Dale Turner), is another prime example of how this movie contradicts Jazz musicians of the present and future.Finally, this movie shows the virtuosos of Jazz. It shows the players in which Jazz comes as a second nature to them. There are many musicians in the world who are very talented players, and may be up there with other giants, but they are yet to be discovered. Most of all Jazz musicians struggle to make it to the top. They base their life on getting better and being heard by the world in order to be hired for gigs. Without recognition from others, you could be the best tenor player in the world and t would mean nothing. Round Midnight shows no struggle of anyone trying to push to the top.The only thing seen is the ease of which this people play and get gigs. Dale Turner has a gig through out this entire movie. Present Jazz musicians are constantly searching for work unless their giants of Jazz. This movie does not show the on going struggle that Jazz musicians face to find continuing work and be heard by the world. This movie is a good representation of what the scene was like for musicians playing in that time period, but is connected in no way to what the scene is like today. Dale Turner is the typical inspiring father of Jazz.Living through the harsh conditions of drug abuse, and unhealthy environments, Dale truly is all about Jazzs past. With people such as Bud Powell and Lester young, (whose lives are closely related to that of Dale Turners), Jazz has skyrocketed into new areas. Jazz is all about change and evolution. A teacher of mine would say, There are things in Jazz which you know, there are things in Jazz which you know you dont know, and there are things in Jazz in which you dont even know you dont know. This is precisely what Jazz is all about.

Thursday, April 23, 2020

Red Spots Markets Company free essay sample

How should Fosdick respond to the immediate situation? Fosdick had faced the pilferage fact at the workplace. He was the witness as clerks were walking with opened cases of sweeties, mustards, cheese, soft drinks, bread and etc. His reaction to the pilferage fact should definitely be clear and hard. He should express his surprise to these circumstances and show the disapproval of the fact by refusing the sandwich. Otherwise his decision to accept the sandwich would make him the participant of the pilferage. What controls might have been used by Red Spot Markets to reduce or eliminate the problems discussed in the case? The problem expressed in the case seems to be serious. One troublemaker involves almost the whole group of employees into the pilferage. The more terrible is that he tries to legitimize the fact like normal. To address properly this critical situation, the Red Spots needs to take corrective actions. We will write a custom essay sample on Red Spots Markets Company or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page First of all it needs to clearly articulate work rules to avoid employee engaging from unproductive and potentially disruptive work, but that isn’t still enough. To be effective the rules must be enforced. For that reason the company should communicate, enforce those rules, establish the closer control on workers and suspense any precedent of pilferage. Question N3 What longer-range steps should Fosdick take to control the operations of the  Providence  distribution center? Reading this case Bigellow seems to be the real leader in the warehouse rather anyone else. He is the person who sets the work pace in the warehouse: ,,When he felt good things hummed; when he was not feeling well or absent work dragged†. Considering these circumstances there’re much and heavy work Fosdick needs to arrange for long-term. The situation should be changed thoroughly as Tom Bigellow shouldn’t be the person who dictates rules. Fosdick should implement the proper management style and system so his manager authority should be upward rather Bigellow’s and everyone else. Question N4 What longer-range steps should Fosdick take to improve the  Providence  distribution center’s productivity? As we assume the one troublemaker involves almost the whole group of employees into the pilferage act. That’s why the worker productivity becomes lower and shrinkage appears higher respectively. Fosdick should keep himself awake and help establish the pilferage disclosure and productivity measure mechanisms. But unless Bigellow sets the rules and encourages others to disorder nothing seems to be changed. I don’t see the point why this person should be kept by the company if he arranges such problems and is the direct reason of worker productivity shrinkage. Question N5 What longer-range steps can Fosdick take to reduce the distribution center’s high rate of shrinkage? While reading the case I have such sense that company has no any proper mechanisms to react against disorder, despite the fact is obvious. Fosdick needs to alert and ensure that no any shrinkage would be endured any more. Moreover he should encourage employees not to get involved in destructive act by suggesting bonuses or other incentives as the reward in exchange of honest workers. To sum up, Fosdick needs to ensure proper supervising, disclosure and reward mechanisms to reduce the high rate of shrinkage. Question N6 Assume that Fosdick decides that the practice of free lunches from the open cases of goods must be stopped. Develop and present arguments he should give in a meeting with a union shop steward. First of all the practice of free lunch without permission is theft referred as pilferage-employee theft. That’s why the shrinkage rate is higher in the warehouse and employee productivity lowers respectively. Besides, throughput per worker hour is detected to be 4% lower than in Newburg warehouse. That’s why the Providence center is associated to be the more problematic and costly warehouse. As the reasons are important it requires immediate reaction, control and correction not to get worse even more. Question N7 Assume, instead, that you are the union shop steward. Develop and present your argument that the free lunches represent a long-standing employee benefit enjoyed by the distribution center’s employees, and that management’s attempt to stop them is a breach of an unwritten contract and will be resisted Free lunches have some advantages too. First of all, employees don’t spend money in meal and it is more motivational factor for them. Also, they don’t have to go outside; they can eat inside the company and save time. Moreover, all workers will eat together that helps to communicate, share ideas, problems and to become a friendly work group, where everybody will have same vision and goals Question N8 Much of the situation described in the case seems to revolve around the personality of T. D. Bigelow. How should he be treated? Why? For us Bigellow is very complicated person that agitates people toward disorder and pilferage. Despite his ability to get employees to work I think that he should be fired. There’re dozens of other reasons supporting our decision: Spotty attendance; Doesn’t work if he’s not on the right mood-tired or irritable; He might even sleep without carelessly during the heavy and busiest work hours; All these facts indicate to his personality as irresponsible and careless employee. Respectively, Fosdick should establish his strong management authority and replace him as far by bearing Bigellow’s caprices the company legitimizes irrelevant behavior that might become the reason of self-destruction.