Hello, I need help with Mock Trial “Elyse Roberts v.
Get college assignment help at Smashing Essays Question Hello, I need help with Mock Trial “Elyse Roberts v. the District of Columbia”. Could you please find witness statements to build an argument for each side. And what side you believe has the stronger argument and explain their reasoning.
This has to do with compensation in other countries –
Question This has to do with compensation in other countries – On the surface, many country’s system looks pretty good — but when we delve deeper, there can be a number of hidden issues with those systems. Many people in the US tend to be a bit jealous of the vacation programs in many European countries. But over the past decade, we have seen how Germany has had to bail out many of these countries during a downturn in the economy because they could not afford their pension systems. Could the US be headed in that same direction if we try to implement some of the same types of systems (that some in Congress and some state legislatures would like to do)?
Post a 150- to 225-word (2- to 3-paragraph) explanation of how you
Post a 150- to 225-word (2- to 3-paragraph) explanation of how you could utilize your understanding of motivation styles to effectively manage others. In your explanation, address the following:
to a Management Training Manual: Part 2?
Submit your presentation on Employee Motivation (7–9 slides, including speaker notes). In your presentation, address the following:
Could you please help me with this issue? style=”background-color:rgb(248,248,248);color:rgb(51,51,51);”>Research the
Question Could you please help me with this issue? style=”background-color:rgb(248,248,248);color:rgb(51,51,51);”>Research the requirements for starting a corporation in the United States, India, and China. What are the basic requirements? Is the process easy or difficult for each country? How do you think the ease or difficulty of forming a corporation affects the economic efficiency of each country?
BUSINESS LAW I SUMMER III2019PROFESSOR J. ZAVAGLIA BUSINESS LAWI MID-TERM
Question BUSINESS LAW I SUMMER III2019PROFESSOR J. ZAVAGLIA BUSINESS LAWI MID-TERM EXAM 1. AN IMPLIED CONTRACT CAN BEST BE DEFINED AS: (A) WILL NOT BE RECOGNIZED AS ENFORCEABLE BY THE COURTS (B) A TRUE FORM OF A FORMAL CONTRACT (C) THE INTENTIONS OF THE PARTIES AREINFERRED FROM THEIR CONDUCT BY THE COURT AS WELL AS THE CIRCUMSTANCES OF THE CONTRACT (D) WHICH EXISTS IN THE EYES OF THE LAW, EVEN THOUGH THE PARTIES HAVE NOT IN ANY WAY INTENDED TO FORM THE CONTRACT 2. A CONTRACT THAT IS TOTALLY ILLEGAL IS PROPERLY CALLED: (A) VOID(B) VOID, UNLESS THE EXCEPTION IN “D” BELOW IS APPLICABLE(C) VOIDABLE, I.E. EITHER PARTY MAY ASK TO HAVE IT SET ASIDE(D) VALID, IF A COURT IS CONVINCED THAT THE PEFORMANCE OF THE CONTRACT WOULD NOT APPRECIABLY HARM EITHER PARTY OR SOCIETY IN GENERAL 3. A VOID CONTRACT IS: (A) AN ILLEGAL CONTRACT (B) NO CONTRACT AT ALL(C) AN ENFORCEABLE CONTRACT(D) AN EXECUTED CONTRACT 4. A CONTRACT THAT HAS BEEN FULLY PERFORMED BY ALL OF THE PARTIES IS A(N): (A) EXECUTORY CONTRACT(B) ENFORCEABLE CONTRACT(C) COMPLETED CONTRACT(D) EXECUTED CONTRACT 5. A CONTRACT THAT RESULTS FROM THE EXCHANGE OF A PROMISE FOR COUNTER-PROMISE IS CALLED A(N): (A) UNILATERAL CONTRACT(B) BILATERAL CONTRACT(C) EXPRESS CONTRACT(D) EXECUTORY CONTRACT 6. DOLLAR DAMAGES ARE CONSIDERED INADEQUATE AND SPECIFIC PERFORMANCE IS CONSIDERED THE PROPER REMEDY WHEN A CONTRACT FOR THE SALE OF A UNIQUE ITEM IS BREACHED BY THE BUYER. WHICH ONE OF THE FOLLOWING USUALLY IS NOT CONSIDERED TO BE A UNIQUE ITEM? (A) PERSONAL PROPERTY IN GENERAL(B) ANTIQUES IN GENERAL(C) REAL ESTATE IN GENERAL(D) STOCK OF A CLOSELY-HELD CORPORATION IN GENERAL 7. NOMINAL DAMAGES ARE THOSE WHICH: (A) ARE “NAMED” IN THE CONTRACT – I.E., A SPECIFIC SUM OF MONEY THAT ONE PARTY AGREES TO PAY TO THE OTHER IN THE EVENT THAT HE BREACHES THE CONTRACT (B) ARE “IN NAME ONLY” – I.E., A SMALL SUM AWARDED TO A PLAINTIFF WHOSE RIGHTS HAVE BEEN INFRINGED UPON AS A RESULT OF THE DEFENDANT’S BREACH OF CONTRACT OR OTHER MISCONDUCT, BUT WHO SUFFERED NO REAL OR ACTUAL LOSS AS A RESULT OF DEFENDANT’S WRONG (C) ARE AWARDED BY A COURT WHERE A “LIQUIDATED DAMAGES” CLAUSE IN A CONTRACT IS FELT BY THE COURT TO BE EXCESSIVE: THAT IS, NOMINAL DAMAGES ARE THOSE THAT ARE GIVEN IN LIEU OF LIQUIDATED DAMAGES 8. A UNILATERAL CONTRACT IS FORMED BY: (A) AN ACT FOR A PROMISE(B) MUTUAL PROMISES TO ACT(C) A PROMISE TO ACT UPON THE PERFORMING OF AN ACT(D) THREE OR MORE PARTIES 9. ALL OF THE FOLLOWING ARE ESSENTIAL INGREDIENTS OF A BINDING PROMISE EXCEPT: (A) CONSIDERATION(B) LEGALITY OF OBJECT(C) MANIFESTATION OF MUTUAL ASSENT(D) A WRITING 10. WOOTEN HARDWARE, INC. OWNS AN EXTRA LOT ADJACENT TO THE MAIN STORE AND THE PRESIDENT, MR. GREEN, HAS DECIDED TO SELL IT. IN RELATION TO THIS HE WROTE THE FOLLOWING LETTER TO SEVERAL INTERESTED PARTIES. GENTLEMEN: WE ARE SENDING THIS NOTICE TO SEVERAL PROSPECTIVE BUYERS BECAUSE WE ARE INTERESTED IN SELLING THE ONE ACRE LOT ADJACENT TO OUR MAIN STORE DOWNTOWN. IF YOU ARE INTERESTED, PLEASE CONTACT ME. TO BE SINCERELY INTERESTED, YOU SHOULD BE THINKING IN TERMS OF AT LEAST $100,000. BOB GREEN, PRESIDENT IN REGARD TO THE LETTER, WHICH OF THE FOLLOWING IS CORRECT? (A) MR. GREEN MUST SELL THE PROPERTY TO THE HIGHEST BIDDER IF THE OFFER IS OVER $100,000 (B) MR. GREEN’S LETTER DID NOT CONSTITUTE AN OFFER (C) THE OFFER CANNOT BE LEGALLY WITHDRAWN FOR A STATED PERIOD OF TIME (D) IF BATES, ONE OF THE PROSPECTIVE BUYERS, WIRES ACCEPTANCE OF THE $100,000, THERE WILL BE A BINDING CONTRACT 11. WHICH OF THE FOLLOWING EVENTS DO NOT TERMINATE AN OFFER “BY OPERATION OF LAW”? (A) REVOCATION BY THE OFFEROR(B) SUBSEQUENT (OR INTERVENING) ILLEGALITY(C) ADJUDICATION OF INSANITY OF THE OFFEROR(D) ADJUDICATION OF INSANITY OF THE OFFEREE 12. IF A CONTRACT FOR THE SALE OF GOODS FAILS TO SPECIFY THE PRICE OF THE GOODS, WHICH OF THE FOLLOWING IS TRUE? (A) THE CONTRACT WILL BE INVALID BECAUSE SOME OF THE TERMS ARE MISSING (B) THE CONTRACT WILL BE VALID ONLY IF A SUBSEQUENT AGREEMENT FOR PRICE IS REACHED (C) IF THE CONTRACT SAYS NOTHING AS TO PRICE, THE PRICE IS A REASONABLE ONE AT THE TIME OF DELIVERY (D) THE CONTRACT IS VOIDABLE AT THE OPTION OF THE BUYER 13. WITH REGARD TO AN OFFEREE’S REJECTION OF AN OFFER, WHICH OF THE FOLLOWING IS LEAST CORRECT? (A) A REJECTION BY THE OFFEREE CAUSES AN OFFER TO TERMINATE (B) AN OFFEREE WHO REJECTS AN OFFER CAN LATER ACCEPT THE OFFER AND THEREBY BIND THE OFFEROR (C) AN ATTEMPTED ACCEPTANCE THAT DEPARTS FROM THE TERMS OF THE OFFER IS A REJECTION (D) AN ATTEMPTED ACCEPTANCE THAT DEPARTS FROM THE TERMS OF THE OFFER IS A COUNTEROFFER 14. THE MIRROR IMAGE RULE IS A DOCTRINE: (A) FIRST INTRODUCED IN THE UNIFORM COMMERCIAL CODE(B) THAT REQUIRES OFFERS AND COUNTEROFFERS TO BE MIRRORED REFLECTIONS OF ONE ANOTHER(C) THAT REQUIRES AN ACCEPTANCE TO CONFORM EXACTLY TO THE TERMS OF THE OFFER(D) THAT IS NO LONGER APPLICABLE TO CONTRACT LAW 15. AS A GENERAL RULE, THE MODERN LAW REQUIRES ACCEPTANCE TO BE IN WRITING: (A) IF THE OFFER IS IN WRITING(B) IF THE PROPOSED CONTRACT IS A SALES CONTRACT(C) IF THE OFFER CONTAINS NEW TERMS THAT MIGHT POSSIBLY BE CONSTRUED BY THE OFFEROR TO BE A COUNTEROFFER(D) A AND B(E) NONE OF THE ABOVE 16. JAN HAS A LAPTOP SHE WISHES TO SELL. SHE OFFERS TO SELL IT TO GAIL FOR $150. DIANE HEARS ABOUT THE OFFER AND INFORMS JAN THAT SHE ACCEPTS THE OFFER TO BUY AT $150. WHICH IS CORRECT? (A) THERE WAS NO OFFER BY JAN TO DIANE(B) THE OFFER MUST BE KEPT OPEN FOR 30 DAYS(C) IF GAIL HAD TOLD DIANE OF THE OFFER, THEN THERE WOULD BE A VALID OFFER TO DIANE(D) THIS OFFER IS COVERED BY THE STATUTE OF FRAUDS BECAUSE IT IS PERSONAL PROPERTY 17. UNLESS THE OFFER STATES OTHERWISE OR A REJECTION HAS BEEN PREVIOUSLY SENT, ACCEPTANCE IS GENERALLY EFFECTIVE WHEN: (A) DISPATCHED BY THE OFFEREE(B) RECEIVED BY THE OFFEROR(C) SIGNED BY THE OFFEREE(D) RECEIVED BY THE OFFEREE 18. IF A COURT FINDS, IN A PARTICULAR SITUATION, THAT A VALID REQUIREMENTS CONTRACT EXISTS, THE RESULT IS THAT: (A) A CONSIDERATION (OF SOME KIND) EXISTS AND BOTH PARTIES ARE USUALLY BOUND BY THE CONTRACT (B) THE SELLER IS BOUND BY THE CONTRACT BUT THE BUYER IS NOT (IN VIEW OF THE FACT THAT HIS EXACT REQUIREMENTS ARE NOT KNOWN WHEN THE CONTRACT IS MADE) (C) THE BUYER IS BOUND BY THE CONTRACT (SINCE THE TERM “REQUIREMENTS” REFERS TO HIS REQUIREMENTS) BUT THE SELLER IS NOT BOUND BY IT (D) NO CONSIDERATION IS PRESENT, BUT THE COURT WILL NEVERTHELESS ENFORCE THE CONTRACT BECAUSE OF PUBLIC POLICY CONSIDERATIONS (E) NONE OF THE ABOVE 19. AN ILLUSORY CONTRACT IS ONE IN WHICH: (A) CONSIDERATION APPEARS TO EXIST, BUT UPON CLOSER EXAMINATION IS FOUND TO BE ABSENT (B) THE CONSIDERATION OF ONE PARTY IS SO INADEQUATE IN VALUE AS TO SUGGEST FRAUD IS PRESENT (C) CONSIDERATION APPEARS NOT TO EXIST, BUT UPON CLOSER EXAMINATION IS FOUND TO BE PRESENT (D) A AND C (E) NONE OF THE ABOVE 20. CONSIDERATION CAN CONSIST OF: (A) A PROMISE(B) PERFORMANCE OF AN ACT (C) NONPERFORMANCE OF AN ACT (I.E. ABSTAINING FROM PERFORMANCE OF AN ACT)(D) ALL OF THE ABOVE (E) A AND B 21. A PROMISE WHICH IS UNSUPPORTED BY CONSIDERATION IS NONETHELESS ENFORCEABLE IF: (A) THE PROMISOR CLEARLY INTENDED TO BE BOUND BY IT WHEN HE MADE IT(B) THE DOCTRINE OF PROMMISORY ESTOPPEL IS APPLICABLE TO IT(C) THE PROMISE IS IN WRITING(D) THE PROMISEE RECEIVED A BENEFIT(E) NONE OF THE ABOVE 22. THE DOCTRINE OF PROMISSORY ESTOPPEL: (A) ALLOWS ENFORCEMENT OF A PROMISE IN THE ABSENCE OF ACTUAL CONSIDERATION(B) REQUIRES ACTUAL CONSIDERATION TO BE APPLICABLE(C) IS A SUBSTITUTE FOR ACCEPTANCE IN THE FORMATION OF A CONTRACT (D) IS THE BASIS FOR A FIRM OFFER 23. MARGARET OWNED A BASSET HOUND PUPPY THAT SHOWED GREAT PROSPECTS OF DEVELOPING INTO A CHAMPIONSHIP SHOW DOG. BOB PURCHASED THE PUPPY FOR $500 AND IN PAYMENT AGREED TO PAINT MARGARET’S HOUSE. SHORTLY AFTER THE PUPPY WAS DELIVERED TO BOB, IT DEVELOPED A DISEASE WHICH KILLED IT. BOB REFUSED TO PERFORM THE WORK AS AGREED AND MARGARET SUED.THE COURT LIKELY WOULD HOLD THAT: (A) THE AGREEMENT WAS VOIDABLE FOR FRAUD(B) NO CONTRACT RESULTED BECAUSE OF LACK OF CONSIDERATION(C) NO CONTRACT RESULTED BECAUSE OF MUTUAL MISTAKE(D) A VALID CONTRACT WAS FORMED 24. “FANG” ELLIS, WHILE INTOXICATED, SIGNS A CONTRACT TO SUPPORT “RAVISHING RUBY” FOR A PERIOD OF 18 MONTHS. IN ORDER TO DISAFFIRM THE CONTRACT “FANG” MUST PROVE: (A) THAT IT IS AGAINST PUBLIC POLICY(B) THE AGREEMENT WAS IMMORAL, THEREFORE ILLEGAL(C) HE WAS SO INTOXICATED THAT HE DID NOT UNDERSTAND THE NATURE OF THE PURPORTED AGREEMENT(D) HE IS MARRIED, AND THE CONTRACT IS NOT IN ACCORD WITH A PREEXISTING LEGAL OBLIGATION UNDER THE MARRIAGE CONTRACT 25. WHICH OF THE FOLLOWING BEST DESCRIBES MINORS’ CONTRACTS? (A) INVALID(B) VOID(C) VOIDABLE(D) UNENFORCEABLE(E) CONDITIONAL 26. IN ORDER FOR A MINOR TO DISAFFIRM A CONTRACT, HE MUST USUALLY SHOW – IN ADDITION TO HIS MINORITY – THAT: (A) THE CONTRACT WAS UNFAIR TO HIM(B) THE OTHER PARTY HAD HAD MORE BUSINESS EXPERIENCE THAN HE(C) THE CONTRACT WAS AN ORAL ONE, AND THAT THERE WAS AT LEAST SOME DISAGREEMENT AS TO ITS TERMS(D) A SPECIFIC STATE STATUTE PERMITS HIM TO DISAFFIRM(E) NONE OF THE ABOVE 27. DORIS PURCHASED A NEW AUTOMOBILE ON CREDIT WHEN SHE WAS SIXTEEN YEARS OLD. TWO DAYS AFTER HER NINETEENTH BIRTHDAY SHE SOUGHT TO RESCIND HER OBLIGATION TO MAKE FURTHER PAYMENTS. ASSUMING THAT EIGHTEEN IS THE AGE OF MAJORITY, THE CAR DEALER WOULD: (A) BE ABLE TO ENFORCE HER OBLIGATION SINCE DORIS HAD RATIFIED THE CONTRACT (B) NOT BE ABLE TO ENFORCE HER OBLIGATION SINCE DORIS HAD NOT RATIFIED THE CONTRACT (C) BE ABLE TO ENFORCE HER OBLIGATION SINCE THE CAR DEALER WAS A COMPETENT PARTY AT ALL TIMES (D) NOT BE ABLE TO ENFORCE HER OBLIGATION SINCE DORIS DID NOT RATIFY THE CONTRACT PRIOR TO HER EIGHTEENTH BIRTHDAY 28. AN EXCULPATORY CLAUSE IS A PROVISION OF CONTRACT THAT: (A) REQUIRES EXTRA PROTECTION BY ONE PARTY(B) EXCLUDES AN OPTION CONTRACT (C) DISCLAIMS LIABILITY(D) IS NEVER UPHELD BY THE COURTS 29. EXCULPATORY CLAUSES IN BAILEES’ CONTRACTS ARE USUALLY HELD TO BE: (A) ILLEGAL, IF THE COURT FEELS THAT THEY WERE NOT PROPERLY COMMUNICATED TO THE BAILOR (B) ILLEGAL – EVEN IF THEY ARE PROPERLY COMMUNICATED TO THE BAILOR – IF THEIR TERMS PURPORT TO FREE THE BAILEE FROM LIABILITY ARISING OUT OF THE BAILEE’S NEGLIGENCE (C) LEGAL, IF PROPERLY COMMUNICATED TO THE BAILOR (EVEN IF THEY PURPORT TO FREE THE BAILEE FROM LIABILITY ARISING OUT OF THE BAILEE’S NEGLIGENCE) (D) A AND C 30. STATUTES INVOLVING USURY: (A) ARE ILLEGAL(B) LIMIT THE AMOUNT OF INTEREST THAT MAY BE CHARGED ON LOANS(C) CAN ONLY BE FEDERAL STATUTES(D) CAN ONLY BE STATE STATUTES 31. ROGER EVANS, A REAL ESTATE BROKER LICENSED IN KANSAS, HELPED THOMAS SELL SOME LAND LOCATED IN MISSOURI. IF ROGER IS NOT A LICENSED BROKER IN MISSOURI, HE: (A) CANNOT COLLECT A COMMISSION SINCE HE DID NOT REPRESENT THE BUYER(B) CAN COLLECT A COMMISSION SINCE HE RENDERED A VALUABLE SERVICE(C) CANNOT COLLECT A COMMISSION SINCE THE LICENSING LAW IS VIOLATED(D) CAN COLLECT A COMMISSION SINCE HE IS LICENSED IN A STATE THAT BORDERS WITH MISSOURI 32. DANDY, A CONSUMER OF FINE CLOTHES, PROMISED TO PAY $1,400 TO ALFRED WHO PROMISED TO MAKE A BUSINESS SUIT FOR DANDY. IF ALFRED HAS COMPLETED THE SUIT BUT DANDY HAS NOT PICKED IT UP OR PAID ANY MONEY, WHICH OF THE FOLLOWING IS THE MOST ACCURATE DESCRIPTION OF THIS CONTRACT? IT IS A: (A) UNILATERAL, UNENFORCEABLE, IMPLIED-IN-FACT CONTRACT(B) UNILATERAL, VALID, QUASI-CONTRACT (C) BILATERAL, VOIDABLE, EXPRESSED EXECUTORY CONTRACT(D) BILATERAL, VALID, EXPRESSED CONTRACT WHICH IS PARTIALLY EXECUTED AND PARTIALLY EXECUTORY 33. A CONTRACTUAL AGREEMENT MAY BE EXPRESSED IN WRITING, OR IT MAY BE ORALLY STATED. IN THE ALTERNATIVE, AN IMPLIED-IN-FACT CONTRACT: (A) IS CREATED WHEN THE PARTIES MANIFEST THEIR AGREEMENT BY CONDUCT RATHER THAN BY WORDS(B) IS BASICALLY THE SAME THING AS A CONTRACT IMPLIED-BY-LAW(C) IS BASICALLY THE SAME THING AS A QUASI-CONTRACT(D) IS BASICALLY THE SAME THING AS AN INVALID CONTRACT 34. ACTIONABLE FRAUD CAN BE DEFINED AS REQUIRING ALL THE FOLLOWING ELEMENTS EXCEPT FOR: (A) KNOWLEDGE OF THE MISREPRESENTATION OF A MATERIAL FACT BY THE SPEAKER (B) ACCURATE REPRESENTATION OF A MATERIAL FACT(C) JUSTIFIABLE RELIANCE(D) INJURY 35. IF A PERSON CAN PROVE THAT HE WAS HONESTLY MISTAKEN AS TO THE TERMS OF A CONTRACT THAT HE HAS MADE, EVEN THOUGH IT WAS NOT APPARENT TO THE OTHER PARTY, AS A GENERAL RULE HE: (A) CAN RESCIND THE CONTRACT(B) CANNOT RESCIND THE CONTRACT(C) CAN RESCIND THE CONTRACT IF HE CAN SHOW THAT THE MISTAKE WAS NOT THE RESULT OF NEGLIGENCE ON HIS PART(D) NONE OF THE ABOVE 36. WHICH OF THE FOLLOWING BEST DESCRIBES DURESS? (A) APPLICATION OF PHYSICAL FORCE THAT CAUSES ANOTHER TO MAKE A CONTRACT HE OTHERWISE WOULD NOT HAVE MADE (B) THE INDUCING OF FEAR IN ONE PERSON BY ANOTHER, THROUGH THE LATTER’S USE OF FORCE OR THREAT TO USE FORCE, INDUCING THE FORMER TO MAKE A CONTRACT HE OTHERWISE WOULD NOT HAVE MADE (C) A THREAT TO BREAK AN EXISTING CONTRACT THAT CAUSES THE OTHER PARTY TO DO SO 37. UNDUE INFLUENCE IS GENERALLY CONSIDERED TO BE: (A) WHERE ONE PARTY NAGS THE OTHER PARTY INTO ENTERING A CONTRACT (B) WHERE ONE PARTY DOMINATES THE OTHER AND THE LATTER’S VOLITION ACTUALLY IS DESTROYED(C) ONE PARTY THREATENS TO BRING SHAME ON THE LATTER PARTY(D) NONE OF THE ABOVE 38. THE STATUTE OF FRAUDS REQUIRES ALL OF THE FOLLOWING TYPES OF CONTRACTS TO BE IN WRITING EXCEPT FOR CONTRACTS:(A) TO BE LIABLE FOR ANOTHER PERSON’S DEBTS(B) INVOLVING TITLE TO REAL PROPERTY(C) FOR THE SALE OF GOODS PRICED AT $500 OR MORE(D) THAT CAN POSSIBLY BE PERFORMED WITHIN ONE YEAR FROM THE DATE IT IS MADE 39. A QUESTION ARISES AS TO WHETHER A PARTICULAR ORAL CONTRACT FALLS WITHIN THAT PROVISION OF THE STATUTE OF FRAUDS REQUIRING CONTRACTS TO BE IN WRITING THAT “ARE NOT TO BE PERFORMED WITHIN ONE YEAR FROM THE MAKING THEREOF”. (A) UNDER THE TERMS OF THE CONTRACT, WAS IT POSSIBLE, UNDER ANY CIRCUMSTANCES, FOR THE CONTRACT TO HAVE BEEN FULLY PERFORMED WITHIN ONE YEAR? (B) DID THE PARTIES, AT THE TIME OF MAKING THE CONTRACT, APPARENTLY AND REASONABLY INTEND THAT FULL PERFORMANCE WOULD HAVE OCCURRED WITHIN ONE YEAR? (C) UNDER THE TERMS OF THE CONTRACT, WAS IT POSSIBLE, UNDER ANY CIRCUMSTANCES, THAT PERFORMANCE MIGHT HAVE BECOME ILLEGAL? 40. AS A GENERAL RULE, AN ORAL CONTRACT THAT IS REQUIRED BY THE STATUTE OF FRAUDS TO BE IN WRITING IS: (A) ILLEGAL(B) UNENFORCEABLE(C) CONTRARY TO PUBLIC POLICY(D) VOIDABLE(E) VOID 41. ON SEPTEMBER 15, TAYLOR OFFERS TO SELL A TRACT OF LAND TO SMITH FOR $300,000. THE OFFER STATES THAT ACCEPTANCE MUST BE RECEIVED BY TAYLOR ON OR BEFORE SEPTEMBER 30. UNDER THE CIRCUMSTANCES, THE OFFER—- (A) MAY NOT BE WITHDRAWN PRIOR TO SEPTEMBER 30(B) IS VALIDLY ACCEPTED IF MAILED AND POSTMARKED SEPTEMBER 30(C) MAY BE WITHDRAWN AT ANY TIME(D) DOES NOT COME UNDER THE STATUTE OF FRAUDS 42. SELECT THE MOST CORRECT STATEMENT (A) WHEN TWO PARTIES HAVE ENTERED INTO A WRITTEN CONTRACT AND THEY SUBSEQUENTLY ORALLY AGREE TO ALTER THE TERMS OF THE WRITTEN CONTRACT, THE ORAL AGREEMENT WILL BE ADMISSIBLE IN EVIDENCE (B) WHEN TWO PARTIES, DURING THE NEGOTIATIONS LEADING TO A WRITTEN CONTRACT, ORALLY AGREE THAT THE CONTRACT SHALL NOT BE BINDING ON EITHER PARTY UNLESS A SPECIFIED EVENT HAPPENS, THE ORAL AGREEMENT WILL BE INADMISSIBLE IN EVIDENCE BECAUSE OF THE STATUTE OF FRAUDS (C) IF A PARTY WISHED TO PROVE THAT HE HAD BEEN INDUCED TO ENTER INTO A CONTRACT BY REASON OF FRAUDULENT REPRESENTATIONS ORALLY MADE, THIS EVIDENCE WOULD BE INADMISSIBLE IN EVIDENCE 43. IN AN ASSIGNMENT: (A) CONSIDERATION IS REQUIRED(B) THE CONTRACT MUST BE IN WRITING(C) THE CONSENT OF THE OTHER PARTY ALWAYS IS REQUIRED(D) NO PARTICULAR FORMALITY IS REQUIRED 44. WHEN AN ASSIGNMENT IS MADE AS A GIFT, THE THIRD PARTY IS CALLED: (A) CREDITOR BENEFICIARY(B) DONEE BENEFICIARY(C) INCIDENTAL BENEFICIARY(D) LUCKY 45. WHENEVER AN ASSIGNMENT TAKES PLACE, THE ASSIGNEE ACQUIRES: (A) GREATER RIGHTS THAN THOSE POSSESSED BY THE ASSIGNOR(B) NO GREATER RIGHTS THAN THOSE POSSESSED BY THE ASSIGNOR(C) THE SAME RIGHTS AS THOSE POSSESSED BY THE ASSIGNOR EXCEPT THE RIGHT TO FURTHER ASSIGNMENT(D) NONE OF THE ABOVE 46. SELECT THE ANSWER THAT IS MOST ACCURATE WITH RESPECT TO TERMINOLOGY USED IN ASSIGNMENT CASES: (A) IN A BILATERAL CONTRACT EACH PARTY IS AN OBLIGOR (WHO IS ENTITLED TO RECEIVE PERFORMANCE OF ANOTHER) AND AN OBLIGEE (WHO HAS AN OBLIGATION TO PERFORM) (B) AN OBLIGEE DELEGATES RIGHTS, AND AN OBLIGOR DELEGATES DUTIES (C) THE TERM ASSIGNMENT MAY MEAN A TRANSFER OF A CONTRACTUAL RIGHT, OR IT MAY MEAN A TRANSFER OF BOTH RIGHTS AND DUTIES (D) THE PERSON MAKING THE TRANSFER IS CALLED THE ASSIGNEE, AND THE ONE RECEIVING THE TRANSFER IS CALLED THE ASSIGNOR 47. IF A CONTRACT IS DRAWN UP THAT INDICATES THAT THE PROMISES MADE BY THE PARTIES ARE NOT TO BE PERFORMED UNTIL A SPECIFIED EVENT TAKES PLACE, THAT EVENT IS CALLED: (A) A CONDITION SUBSEQUENT(B) AN EXPRESS QUALIFICATION(C) A CONDITION PRECEDENT(D) NONE OF THE ABOVE 48. IF A CONTRACT CONTAINS EITHER AN EXPRESS OR IMPLIED CONDITION SUBSEQUENT, AND IF THE SPECIFIED CONDITION THEREAFTER DOES OCCUR, THIS MEANS THAT BOTH PARTIES: (A) MUST NOW GO AHEAD AND PERFORM THEIR OBLIGATIONS(B) ARE NOW FREED OF THEIR OBLIGATIONS UNDER THE CONTRACT(C) ARE NOW FREED OF THEIR OBLIGATIONS IF-AND ONLY IF-THEY MUTUALLY AGREE TO CANCEL THE CONTRACT 49. CONDITIONS ARE VERY IMPORTANT IN DETERMINING WHEN A CONTRACTING PARTY’S PERFORMANCE IS REQUIRED. TYPES OF CONDITIONS INCLUDE ALL OF THE FOLLOWING EXCEPT: (A) CONDITIONS PRECEDENT(B) CONDITIONS RELEVANT(C) CONDITIONS CONCURRENT(D) CONDITIONS SUBSEQUENT 50. X, AN INTERIOR DESIGNER, AGREES TO DECORATE Y’S LIVING ROOM FOR A SPECIFIED PRICE, WITH THE CONTRACT PROVIDING THAT X GUARANTEES Y’S “TOTAL SATISFACTION” WITH THE JOB. WHEN THE WORK IS DONE, Y CLAIMS HE IS NOT SATISFIED. IN SUCH A CASE: (A) IF THE COURT FEELS THE CONTRACT WAS ONE ESSENTIALLY INVOLVING SUBJECTIVE MATTERS, SUCH AS Y’S PERSONAL COLOR LIKES AND DISLIKES, AND IF Y’S DISSATISFACTION IS GENUINE, Y MAY ESCAPE LIABILITY TO X (B) IF THE COURT FEELS THAT A REASONABLE MAN WOULD HAVE BEEN SATISFIED WITH X’S PERFORMANCE, EVEN THOUGH IT ESSENTIALLY INVOLVED SUBJECTIVE MATTERS AS IN (A) ABOVE, Y WILL PROBABLY BE HELD LIABLE TO X (C) IF THE COURT FEELS THE CONTRACT WAS ONE ESSENTIALLY INVOLVING MATTERS OF UTILITY OR MERE MECHANICAL FITNESS (RATHER THAN SUBJECTIVE MATTERS), Y WILL PROBABLY BE HELD LIABLE EVEN IF HE IS PERSONALLY DISSATISFIED AND EVEN IF A REASONABLE MAN WOULD BE DISSATISFIED WITH X’S WORK (D) B AND C (E) A AND B 1
Post a total of 3 substantive responses over 2 separate days for
Post a total of 3 substantive responses over 2 separate days for full participation. This includes your initial post and 2 replies to other students. You have two due dates for your responses. The first response is due by Thursday and the other responses are due by Monday. Note that you can always post more than 3 responses to the weekly discussion and your responses can be posted prior to the due dates.Due by TODAYRespond to the following in a minimum of 175 words: Consider the demonstration problem 6.3 which uses a normal distribution to determine the probability associated with generating between 3.6 and 5 pounds of waste per year. Discuss any one of the following concepts associated with this problem. Due by Monday The normal distribution is a fundamental statistical tool. Review the normal distribution concepts from Chapter 6 and the use of the standard normal distribution. Next use the Excel functions NORMSINV and NORMSDIST and provide examples of your usage for each function. The normal distribution will be used in the upcoming weeks.Reply to at least 2 of your classmates. BY AMBERaccording to the text book, some clues that the problem can be solved with the use of normal distribution are as follows: It fits many human characteristics, such as height, weight, length, speed, IQ, scholastic achievement, and years of life expectancy, among others. In addition, most items produced or filled by machines are normally distributed. In this problem, we are discussing pounds of human waste, which could fall within any of the above categories. Because of its many applications, the normal distribution is an extremely important distribution. In theory, the normal distribution is asymptotic to the horizontal axis. That is, it does not touch the x-axis, and it goes forever in each direction. The reality is that most applications of the normal curve are experiments that have finite limits of potential outcomes. In Problem 6.3, the probability event is between 3.6
Write a 1,400- to 1,750-word paper in which you explain the process
Write a 1,400- to 1,750-word paper in which you explain the process for conducting and closing procurements.Include the following:Format your paper consistent with APA guidelines.
busi 1033 scenerio 1 answers ethical struggle with integrity of
Question busi 1033 scenerio 1 answers ethical struggle with integrity of the company suppliers
“The Triple Bottom Line”The concept behind the “triple bottom line” is that
“The Triple Bottom Line”The concept behind the “triple bottom line” is that companies are responsible to all their stakeholders. This includes everyone who is involved with the company whether directly or indirectly, as well as the planet on which we all live. This approach sees shareholders as part of the stakeholder group, but only as part of it. Before writing your response to this week’s discussion, please review the following resource for more details on the triple bottom line: https://www.mindtools.com/pages/article/newSTR_79.htmFor this week’s discussion, please respond to the following: Notes: Keep the following format in mind as you complete this week’s discussion:
This assignment has to be at least 300 words (your own words).
Get college assignment help at Smashing Essays This assignment has to be at least 300 words (your own words). This assignment should have at least 1 in text citation from a credible source
Estate Planning – Assignment 7 1. New FamilyWith a new
Question Estate Planning – Assignment 7 1. New FamilyWith a new baby in the family, Ross and Reena want to put their finances in order. They have three main goals in planning their estate:· If one of them dies, they each want to make it easier for the other to carry on financially. To start, they’d like to have enough money to pay off their mortgage.· They want to leave their child in good hands, with enough money to meet his needs in case something happens to both of them.· They want to make it as easy as they can for family members to settle their estate and pay any final costs.(a) As a financial planner, what immediate advice would be given to Ross and Reena?(b) What advice would be given to them with respect to the care of their child if they both should die?(c) What advice would be given with respect to paying off their mortgage, funeral and final costs and funds to raise their child should both of them die? (d) What else should they do to help with their child’s future education in case they die? 2. InheritanceNow that they have retired, Rodney and Rose want to put their affairs in order. Their main goals are to:· an inheritance for their two adult children· leave their three grandchildren some money for university or college· leave some money to their local hospital· make it as easy as they can for the children to settle their estate and pay any final costs.(a) As a financial advisor, what immediate information would be given to Rodney and Rose with respect to their wills and powers of attorney?(b) What should they do to give an inheritance to their adult children to avoid probate fees and having their adult children pay tax on any proceeds?(c) What should they do for their grandchildren to help give funding for their post- secondary education?(d) What things could they do to make it easier on their children to settle their estate and pay any final costs?(e) What should they do to avoid having their adult children having to pay funeral costs out of the inheritance?(f) How should they go about leaving some money to their local hospital?
In Iancu v. Brunetti, the U.S. Supreme Court struck down
Question In Iancu v. Brunetti, the U.S. Supreme Court struck down the ban on immoral or scandalous trademarks as the Lanham Act’s prohibition on these trademarks violate the First Amendment. Erik Brunetti owns a clothing brand and when there were knocks offs, he decided to trademark the brand name. Brunetti won the case, after having been denied the trademark registration for “FUCT” which is connected to a clothing brand – FUCT stands for “Friends U Can’t Trust.” The U.S. Supreme Court stated that the bar on these marks is unconstitutional because it discriminates on the basis of viewpoint.What do you think? Why is the trademark right important for Brunetti and his brand?
In this assignment, focus on the small business you selected for your
In this assignment, focus on the small business you selected for your Portfolio Project. In a well-written paper, cover the following:Your paper must meet the following requirements:Attached is the small business selected.**
Harvard Business Review (2013) Selected by StudentPink, D. (2013) Chapter 71. Summarize
Harvard Business Review (2013) Selected by StudentPink, D. (2013) Chapter 71. Summarize the selection you have read this week from the HBR collection On Innovation. Describe the “big ideas” of the article, and critique your potential use of the ideas presented.2. In chapter 7, Daniel Pink describes the practices of the Pitch. He describes 6 options to the “Elevator Pitch”, and gives examples of each one. Select one of these strategies to use in “pitching” your Innovative Project. Describe why you think this pitch would be the most effective in your own situation. Write 2-3 pages (500-750 words) and submit your essay to the Discussion Board in APA format.
Reading – HRB’s On Change Management:Cracking the Code of Change pp. 137-154
Reading – HRB’s On Change Management:Cracking the Code of Change pp. 137-154 Harvard Reflection Papers: Each week (except Week 8) students are to submit a two-three page reflection paper on the Harvard reading that was assigned for that week. Each reflection paper will require outside research on the author(s) as it relates to educational background and experience and how their background and experience is relevant to their work in the Harvard reading. Please note that title and reference pages do not count toward the two-three page requirements. The readings will all come from HBR’s Must Reads: On Change Management. Each paper must address EACH of the following questions:Note: Each paper must be two-three pages in length with Times New Roman font, 12-point in type size. Title and reference pages do not count toward the two-three page requirement.
Initial FactsFaook Cab Company – The ClientFarook, the founder and
Question Initial FactsFaook Cab Company – The ClientFarook, the founder and president of Farook’s Cab Company in Iran, has called you because she is concerned about the threat of Uber and Lyft on the taxi industry and on her company in particular. In September 2019, the Iranian government is likely to approve ride-share companies to operate in Iran which will directly compete with Farook’s cab company and other taxi cab companies. The Iranian Transportation Minister has pledged to introduce legislation to open the doors to the ride-hailing industry by as early as fall of 2019. Farook Cab Company is a small taxi cab business (under $1M per year revenue) started in 2016 that services the Iran area. Here is what she told you so far:· Farook possesses 5 Taxi licenses (Historical Balance Sheet value of $2,000,000). These licenses were purchased on the grey market (2nd hand) 3 years ago for $400,000 each.· These licenses are owned by 5 shareholders who receive dividends of 1% per year (total annual dividend payments are $40,000)· Farook owns 4 sedan cars and 1 minivan at an average historical cost of $20,000 each. They range in age from 3 to 6 years. They are not hybrids. · Farook has saved approximately $100,000 to upgrade her fleet of cabs.· Cabs are currently equipped with GPS, a safety camera, a radio, and a taxi meter. · Financial statements are available on request once you have earned her trust.Farook has given you contact information for and access to the following people:· Mani – full-time taxi leaser· Pat – part-time taxi driver· Mac – Shareholder· MJ – dispatcher nights· Joe – dispatcher days· Sam – office manager/accountant· Will – corporate clientAs an consultant can can you prepare 10 question that I should ask the people mentioned above.
Elmer and Arletta Hans, husband and wife, owned a parcel
Question Elmer and Arletta Hans, husband and wife, owned a parcel of farmland in Illinois. They borrowed $100,000 from First Illinois National Bank (First Illinois) and executed a note and mortgage to First Illinois, making the real estate security for the loan. The security agreement authorized First Illinois to take possession of the property on the occurrence of a default and required the Hanses to execute a quitclaim deed in favor of First Illinois. The state of Illinois recognizes the doctrine of redemption. When the Hanses defaulted on the loan, First Illinois filed a lawsuit, seeking an order requiring the Hanses to immediately execute a quitclaim deed to the property.
Financial Risk Management in the energy Industry
I tip very wellThere will be 5 Questions each worth 20 points.$15 per question seems reasonable2 hours is plenty time to complete these 5 questions.This is a timed exam you will have 120 minutes (2hrs) to complete it.I will upload the exam once I have a tutor that is able to do the following down below.Once I select a tutor I will upload the exam and you will have 2 hrs to complete the exam.I need someone that is good at math(statistics). You should also know to calculate puts, calls, options, Stocks volatility.Know how to use a normal Distribution chartQuestions might includeKnow how to do statistics and use the following formulas.Gamma=Γ=(1/2π)^0.5 exp(-d^2/2)/(Sσ(T-t)^0.5).The quadratic formula is (–b ±(b^2-4ac)^0.5)/2a.If a variable X is distributed normally with mean u and standard deviation σ, Z=(X-u)/σ is distributed normally with mean 0 and standard deviation 1. The price of a call option on Weather derivatives is derived as follows:Let X=the number of standard deviations the strike price is away from the mean.Y=-0.03X^3 0.22X^2-0.50X 0.4, price= Y*σ.The Black-Sholes option pricing formula is C(S, K,T,t)=SN(d)- Pt(T-t)KN(d-σ(T-t^)^0.5)Where d=[(ln (S/Pt(T-t)K))/(σ(T-t)^0.5)] 0.5σ(T-t)^0.5.The 1st estimate of implicit volatility according to the M-K method is σ1=((ABS(LN(S0/X) rT))*(2/T))^0.5.The second estimate is σ^2=σ1– [(C1-C*(“true”)) * (2π)^0.5exp(d^2/2)/[S0(T)^0.5]].(Both X and K above refer to strike prices.)Know how to use a normal Distribution chart
2.Give a brief definition of utilitarianism, duty-based (Kantian) ethics and
Question 2.Give a brief definition of utilitarianism, duty-based (Kantian) ethics and virtue ethics. What is one challenge for each?
Successful business analysis requires understanding environments, industries, and organizations. This
Question Successful business analysis requires understanding environments, industries, and organizations. This comes from, among other things, experience, solid data and information, and the proper choice and utilization of analytical techniques. The competitive advantage an organization has is how an organization is positioned in the market to obtain an edge over its competitors. This status is most commonly demonstrated by the organization’s ability to generate and maintain sustained levels of profitability above the industry average. Think of a decision analysis process which you could have been involved in. Some examples include: the development of a new product or initiative, or how decision analysis was used to bring clarity to the communication process, help define the problem, and build consensus among decision makers. Looking for ideas and ways to start this discussion post.
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