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Contract-Analysis
/in Questions Uploads /by adminContract Analysis (50 points) You Can Use any of the contracts I uploaded below! Also I have uploaded 2 student examples from the past.
Each student is to produce a 4 paragraph paper analyzing a contract. In advance of the paper send, for review by the instructor, a copy of a contract used in everyday life, e.g., insurance, credit card, rental agreement, gym membership, etc. Send this by email. Be creative. It can be a blank contract. Several websites offer free form contracts. There are contracts in Blackboard under Contract Examples link. The copy of the contract must be turned in with the paper unless you are using one that is in Blackboard.In that case, merely reference the title of the contract in your report. A URL is not a substitute.Please make sure any confidential data has been deleted or blacked out. A four paragraph typed summary of the contract must be attached which discusses any features of the contract that were covered in the text.
The first paragraph is to be a summary of the entire contract. Please note that I said a summary – which means an overview of the contract and not a detailed description. Your summary paragraph should not be much longer than the 3 other paragraphs. I’m looking for an overview of the contract and not what each section is about.
The other three paragraphs are to be used to discuss and analyze three different clauses in the contract (one per paragraph) and how they relate to the textbook and lecture.Be sure and indicate which paragraph in the contract you are discussing, e.g., #1 of the contract talks about x, y, and z.
I am looking for an analysis of how each clause relates to the class material.Little or no analysis will result in point deductions. Summarizing the clause is not an analysis.Show me that you understand how this clause functions in the “real worldâ€.I want to see that you understand the legal consequences of each clause you are discussing and not just paraphrasing the contract wording. Hypothetical examples are an easy way of showing this. You must also refer by page or chapter to the part(s) of the text you are using.It is not sufficient to say “according to the text†or something similar.Additionally, do not reference other textbooks.I don’t have access to them so I can verify the reference.If you don’t have a text, there is one on reserve in the library or you can refer to the chapter the legal concept is found in by using the Power Point slides.I don’t mind if you use the 6th or 7th edition but say so as I waste time looking through all texts to see which one a student used. That will bring about a point(s) deduction.
What Not To Put in Your Contract Report
Discussing the formation of a contract is not acceptable.In other words, Express/Implied Contracts, Offer; Acceptance; Consideration; Bilateral; etc., are not clauses in most contracts.Only discuss these if the contract includes language such as: “The parties acknowledge that there is a valid offer and acceptance……â€Most contracts do not have wording to this effect so don’t talk about offer, acceptance and consideration, etc.Don’t talk about an express contract.If you are unsure, then ask me via email.Most contracts don’t say, “This is an express contractâ€.If your contract is in writing IT’S AN EXPRESS CONTRACT!It is probably a bilateral contract as well.You will receive no extra points if you state this.If you use any of these concepts as the legal concept in your analysis and, the legal concept isn’t the subject of that clause, you will receive no points for that clause.Each clause is worth 11 points so that’s a huge loss of points.
If you are using a rental or lease agreement for real property, at least one clause must be from outside ofthe chapter titled “Landlord and Tenant.If all three of your clauses rely on that chapter, there will be an automatic 11 point deduction.Please email me if you are unsure of your clauses. Please remember, agreements for real property do not follow the UCC.So, if using an agreement for real property, do not discuss any of those UCC chapters .
Students in online classes often miss the easiest clause to talk about – ADR or Arbitration as it doesn’t have extensive coverage in the text.However, it is critical in the business world. Most contracts have “boiler plate†clauses towards their end.These clauses are the easiest to use as the text generally has good information on them as well as examples.If you are using an example from the text, be sure to reference that.
It is strongly advised to have your contract chosen before mid-term and reviewed by me, the instructor, shortly after that. I will also be happy to review and make any comments on your rough draft if submitted to me a minimum of 48 hours before the due date. If I review your rough draft and suggest changes, subsequent requests for review are welcomed but must include the previously suggested changes.
Spelling and grammar are part of the grading and deductions will be taken if there are errors in these areas. The Writing Center on campus is free to all Cuyamaca students but you will need an appointment.
I also take into account the difficulty of the subject matter you have attempted.It is easy to talk about “termination†of a contract.It is more complex to talk about “subrogation†or “risk of lossâ€. Be sure that you are not talking about the UCC when dealing with a contract for real property, services, e-contracts, etc.
Here is how the grading rubric breaks down:
Summary paragraph , 5 points;
Clause 1, 2 and 3, 9 points each with a further breakdown for each clause of 2 points for correctly identifying a concept, 2 points for defining it, 2 points for referencing it to the text, and 5 points for the analysis;
Contract attached , 2 points; and,
6 points for spelling and grammar.
You can see that a long summary paragraph will not make up for an inadequate analysis.
This assignment may not be turned in after its due date.You have most of the class to work on this assignment.
The final contract paper must be submitted under the Beatles, Article and Contract submission link in Blackboard.Preview copies should be submitted through email.There are excellent student examples of the assignment on Blackboard.
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phi103-week-2-Tobacco-harvest-to-improve-in-Cuba-in-2017-
/in Questions Uploads /by adminRead the reflections of your classmate and analyze the arguments that they have presented, paying close attention to how the conclusion follows from the premises. Discuss whether you agree with their analysis of each argument and present further ideas on how each argument could be improved. 5 sentences.
Source: Associated Press (Producer). (2017). Tobacco harvest to improve in Cuba in 2017 [Streaming video]. Retrieved from Associated Press Video Collection database.
P1: Workers have harvested 3 or four times what they were able to bring in last year.
P2: The drying sheds are full of tobacco leaves this year.
P3: The country’s tobacco plantations in the north showing healthy gains.
P4: Drought conditions essentially wiped out last year’s crop.
C: Therefore, this year’s tobacco harvest will far surpass the last years.
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150-200-words-summary
/in Questions Uploads /by adminyou will submit a 150-200-word summary [not a copy] of a news story from any reputable state or national news source in print, on radio, on TV, or online. Use Times New Roman, 12-pt. type, double-spaced. The story will be about the intersection of media and the First Amendment in the United States—no stories from foreign countries. Not part of the 150-200 words will be a description of where you found this news item (N.Y. Times, CNN on TV, etc.), the title of the story, the date, and URL, if applicable. The story must appear in the news media during the week you will be submitting it. In addition to the summary of the story, I’m looking for any insights you might have on why this is an important case or issue and any implications for journalists, organizations, the media in general, corporations, etc.
Example of a Good Summary: This could have been improved by mentioning that this is an invasion of privacy as well and by indicating other repercussions besides suicide, such as job losses, divorces, etc.
Ashley Madison is a Canadian-based website catering to people who are married and looking to have affairs. The site was recently hacked, leading to the exposure of detailed
information belonging to all of Ashley Madison’s clients. Clients’ information was released worldwide by the hackers, deeming the situation one of the most successful attempts of data breaches worldwide. The company responsible for Ashley Madison was broken into last month and this hack follows. Those caught up in the scandal include United States government employees who have jobs in law enforcement and national security. Those employees are said to have used their work networks to access the website. Ashley Madison’s parent company will pay 500,000 Canadian dollars for any information that could lead to the arrest of the hackers. The FBI has been asked to assist with the investigation of the hack. Two suicides have been linked to the case since the incident surfaced, but they have not been verified as a result of the breach.
http://www.dothaneagle.com/news/ap/business/police…
Example of a Fair-to-Poor Summary: This would have been improved by mentioning how this pertains to the First Amendment. For example, what are the “fundamental rights†she was referring to, and how do they have an effect on this Supreme Court decision? In addition, the link to the original article is not given. It is also almost twice as long as instructed.
Kentucky Clerk Defies Court on Same Sex Marriages
Kim Davis, the county clerk at Rowan County Court house, dramatically brought all activities in the courthouse to a standstill. This is because she defiantly refused to issue couples of the same sex, a marriage certificate despite a clear law from the Supreme Court approving such unions. The courts house was jammed by angry gay and lesbian couples who felt Ms. Davis was infringing into their fundamental rights. Despite this pressure from the many couples, Ms. Davis did not budge or relent; in fact she told the journalist present that she was following a directive from God. Having taken office in January, from her mother who had served in a similar
capacity for 37 years, Ms. Davis reiterated that same sex marriages opposed her religious views and she would never sanction them as long as she was the clerk (Blinder & Pérez-Peña, 2015).
Early in the week, Ms. Davis had gone to court to object on the issuance of marriage certificates to gay, lesbian and even straight couples, arguing it was against religious backgrounds. The case was heard by the Supreme Court, but it was not obliged. The same Supreme Court in June, 2015 following a case of Obergefell vs. Hodges, established a law to be followed nationwide where it makes same sex marriages a constitutional right. This directive has been met by heavy opposition, especially by the religious faithful, Ms. Davis acting as an example. Other states like Alabama have experienced over 11 counties where the administration refused to issue same sex marriage licenses. Legal experts have termed what Ms. Davis and other administrations are doing as illegal and actually denying Americans their constitutional rights. Ms. Davis and similar minded people could be held in contempt of court and risk being jailed or fined. The advice from the experts is that the times are changing and we should not be held back by religious connotations.
Example of a Poor Summary: This could have been improved by mentioning how this pertains to the First Amendment. For example, does the First Amendment protect the press from criticism by Trump? What does the First Amendment say about the press? Twenty-five percent of this was plagiarized from the original source. The typeface is not Times New Roman, 12 pt., and it is single-spaced. Also, the grammar and punctuation are poor, and the plural of “journalist†is “journalists.†DO NOT FORGET THIS. Legal cases are always italicized.
Kareem Abdul-Ââ€Jabbar wrote an article for the Washington Post comparing Presidential Candidates Donald Trump and Bernie Sanders. The portion of the article that discussed Donald Trump interested me the most. Kareem Abdul-Ââ€Jabbar reported this week that Donald Trump, US Presidential candidate, consistently attacks the First Amendment’s protection of a freedom of press. Donald Trump menaces journalist who attend his campaign in hopes to stifle other journalist who might want to ask tough but reasonable questions towards the candidate. In the most recent event, Fox correspondent, Megyn Kelly, went on planned vacation after Trump threatening her, “I’ve been very nice to you, although I could probably maybe not be, based on the way you have treated me. But I wouldn’t do that.†He also stated that she had an attitude during the GOP debate on Fox. This was not the first time Trump had conflict with the press. Trump refused to give Des Moines Register’s reporters credentials to attend his campaign even in Iowa in July after the paper suggested Trump should withdraw from the campaign. Donald Trump has also referred to journalist as “losers†or “unintelligent†because he felt they treated him harshly since their views did not agree with his.
https://www.washingtonpost.com/posteverything/wp/2…
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