Contracts Covered by the Statute of Frauds Case Study

Contracts Covered by the Statute of Frauds - Case Study Example The first payment shall be paid on or before June 1, 2007 In consideration thereof, Promisee agree to give Promisor a lawn mower (John Deere Model #1334), valued at approximately $2,500.00). The respective rights and duties arising pursuant to this Agreement shall continue in effect until June 1, 2008, unless terminated prior thereto either pursuant to the Cancellation Clause of this Agreement or by full performance by the parties. If the event that Promisor fails to make a timely scheduled payment, Promisee shall be entitled to declare the entire Agreement breached, and shall be immediately entitled to payment of the debt in full. If Promisee fails to deliver the subject lawn mower to Promisor on or before July 1, 2007, Promisor shall be entitled to declare the entire Agreement in breach, and shall be entitled to repayment of any and all sums paid by Promisor to Lower Case as well as liquidated damages of $2,500.00.. In either case, the party declaring that the breach has occurred shall give written notice of such breach to the other party at the appropriate address shown below. This Agreement shall be interpreted by the laws of the State of California and any suit filed by any party hereto shall be filed and determined before the courts of California and in accordance with the laws thereof. Any dispute arising under this Agreement shall be subject to compulsory arbitration and shall be heard and determined by an arbitrator who is a current member of the American Arbitration Association (AAA). Any notices required to be made pursuant to this Agreement shall be made to the following: PROMISOR: PROMISEE: Joe Smith Mary Doe 123 Anyplace 4321 Anytime Streetwise, CA 95677 Happyface, AZ 85233 (213) 555-1212 (602) 555-2121 In the event of a dispute arising pursuant to this Agreement, the prevailing party in such an action shall be entitled to recover reasonable attorney's fees and court costs from the losing party. If any portion of this Agreement is determined to be invalid, the remaining portions of the Agreement which are valid shall continue to be enforceable and in full effect. ______________ __________ __________________ _________ Joe Smith Date Mary Doe Date AGREEMENT In consideration of mutual performance of the duties and promises outlined further herein, Joe Smith (hereinafter referred to as "Promisor" and Mary Doe (hereinafter referred to as "Promisee"), the parties agree to become bound as follows: Promisor agrees to marry Promisee on or before July 15, 2007. In consideration thereof, Promisee agree to marry Promisor by said date. Promisor also agrees to immediately give Promisee an 18 carat gold engagement band and at the time of marriage, give Promisee one diamond and 18 carat gold ring. If Promisor fails to give Promisee the aforementioned, promised wedding ring on or before July 15, 2007, Promisee shall be entitled to declare the entire Agreement breached, and shall be entitled to retain the engagement band and shall be entitled to recover liquidated damages in the amount of $2,500.00 from Promisor and would not be required to marry Promisor. If Promisee fails to marry Promisor on or before July 15, 2007, Promisor shall be entitled to declare the entire Agreement in breach, and shall be ent

Assignment Example | Topics and Well Written Essays - 750 words - 18

Assignment Example Methodology- to compare between effectiveness of problem-focused or emotion-focused coping strategies, authors analyzed the situation using coded semi-structured interviews from 116 German expatriates when each half were on their assignments in Japan and the USA. The responses were then exposed to moderated regression analysis technique to arrive at conclusions. Findings- the authors presented 966 problem events to the interviewees and out of 3913 coping actions they ranked 30 coping strategies by frequency of use. Results revealed that majority of the strategies were problem-focused like resignation, comparisons, change seeking, ethnocentricism, et cetera. Others were emotion-focused. Implications- the findings revealed that managers at lower levels of hierarchy used problem-focused strategies more often since they need to adjust more to the situations. Moreover, it was also observed that expatriates in culturally more distant countries benefitted more from problem-focused strategies. However, these strategies did not encourage the expatriates to continue with their international assignments. Rather culturally similar nation and longer duration of international assignments encouraged the expatriates to continue. This signifies that cross-cultural dimensions are antecedent to expatriate intentions behind international assignment continuation. Value to readers- expatriation has been researched mostly with the perspective of multinational corporations and countries on whole. This piece of study is majorly devoted to the actual expatriates and their dilemma of coping with the new and unadjusted environment. Some strategies are available to some expatriates while others to other expatriates. Expatriates having social support and friend circle are found to be more adjusted and have more coping strategies with them. Thus, this study provides an insight into how coping

Gloria Steinem Term Paper Example | Topics and Well Written Essays - 1250 words

Gloria Steinem - Term Paper Example Her grandmother Pauline Steinem was a revered suffragette in her day. But in the early years of Gloria’s life, there was little evidence to suggest that she would uphold her grandmother’s legacy. Since her father had to relocate to new cities very frequently, the young Gloria Steinem could not be enrolled in a regular school. All her early education was provided by her mom at home. This delicate family equilibrium came to an abrupt end, when Gloria was only 8 years old her parents broke off their marriage. Not only was young Gloria deprived of a father figure, she was also thrust into a life of grinding poverty in the next few years. Complicating an already dire situation was her mother’s propensity to suffer mental depression. In the years following the divorce, Steinem’s mother fell into such an abysmal depression that the mother-daughter roles reversed for once and Gloria was left to take care of her ailing mother. When in her late teens, she went to li ve with her elder sister in Washington, D.C., where she enrolled for Smith College. Just as she was about to complete her degree, she got a break which were to prove very significant. In 1956, in the year of her graduation, she got selected for a two year scholarship program in India ((Sondra, 1987). The two years Steinem spent in India during her formative years were to prove profound for her understanding of women’s issues. The experience broadened and deepened her grasp of the status of women in the Third World and how socio-political realities impose severe restrictions for freedom of women. She realized that â€Å"the high standard of living most Americans take for granted was not available to all. She commented at the time that ‘America is an enormous frosted cupcake in the middle of millions of starving people’. She returned strongly motivated to fight social injustice and embarked on her career as a journalist†. (www.gale.cengage.com) Emboldened by her

World Literature Essay Example | Topics and Well Written Essays - 750 words

World Literature - Essay Example It was probably composed in the 8th century bc. After the fall of Troy at the end of the Trojan War, Odysseus is forced to wander for ten years before returning home to his wife Penelope in Ithaca. This story has a lot of women characters who each played an important role in Odysseus’ life and influenced his decisions. Penelope, his wife struggled to maintain her loyalty and affection as well as the integrity of her household during Odysseus’s long absence. She was depicted as resourceful and intelligent as her husband. Penelope was a picture of a woman with whom any man is willing to do anything to keep her or to get her. In this story, Penelope was wooed by a lot of suitors and all of them are willing to kill her husband Odysseus just to win her heart. Odysseus on the other hand was willing to endure sleepless days and nights, dangerous adventures and fights in strange lands just to get back home to his wife. The tender Calypso, the sinister and beautiful sorceress Ci rce, the singing Sirens and the charming Athena has made Odysseus travel both difficult and victorious. This play shows that a woman can have a different face – wise, cunning, sinister, temptation, love, hope and death – a man just has to wise enough so as not to be fooled. Agamemnon, in Greek mythology, is the king of Mycenae and commander of the Greek forces in the Trojan War. He was the son of Atreus and suffered the curse laid on his house. When the Greeks had assembled in Aulis for their voyage to Troy, they were held back by adverse winds. To calm the winds, Agamemnon sacrificed his daughter Iphigenia to the goddess Artemis. Artemis is a goddess of hunt and was known to be a friend and protector of youth especially young women, but in this scene, we saw that in order to please the gods Agamemnon was willing to sacrifice his daughter and his daughter in turn just submitted. In as much as Agamemnon would have objected it

Innovation 2 Essay Example | Topics and Well Written Essays - 6000 words

Innovation 2 - Essay Example In light of all the approaches presented in this literature review pertaining to the usefulness of customer knowledge in defining the Key Performance Indicators for any organization, it can be rightly stated that in contemporary time the reliance upon closed innovation process has become adequate and thus is obsolete, because of the major requirements of this process which can not be fulfilled in the contemporary era of increased globalization. Therefore, incorporation of the open innovation process is not only essential but also necessary in order to succeed and progress. Within this process, customers play a significant role on every step of the product development process, and their immense contribution could not be ignored, since they are the end users thus the utilization of their knowledge could spell success for the firm if it is handled appropriately. This paper makes a conclusion that with this the KPIs of the organization have to be restructured into more qualitative tools in order to account for different intricate and complex sources of knowledge base. When these are properly restructured and evaluated it leaves the organization with the dilemma of solving the issue of lost intellectual property, thus proposing that the outside-in method of open innovation should be used and external sources should be used for commercialization once the idea has been licensed, in order to ensure protection of Intellectual Property and also effectiveness in marketing.

Company's Local Area Network Essay Example | Topics and Well Written Essays - 500 words

Company's Local Area Network - Essay Example But it is good to know that a simple cleaning of one's computer can go a long way. But that's not always the case. A company's network's speed related problems are caused by a lot of factors. It is also very important to consider the hardware or the topology of the network: efficiency of use, expandability and medium used. The topology, or the way in which the stations attached to the network are interconnected (Stallings, 2007). The choice of topology of the company is crucial when starting the network. But in this case, the one troubleshooting should work around the pre existing topology and try to improve it. Cable could be re-routed to make the network simpler by using shorter paths from production control to manufacturing. In even more severe situations, a hardware overhaul is necessary. The processing capability of the controllers may be slower than what is required for the desirable production. The cable may not be able to handle the desirable data rates (Tomasi, 2004). Sensors and motors may not be able to respond as fast as they should. IBM United States (2009). Adjust LAN lines for optimum communications performance. iSeries Information Center, Version 5 Release 3.

American consumerism Essay Example | Topics and Well Written Essays - 1000 words

American consumerism - Essay Example Therefore, as they grow up, they also pass it on to their kids. Very many individuals are living on the premise of- fake it till you make it. Which basically means, if you don’t have it, act like you do have it, till you actually have it. In the American society today, a lot of emphasis is laid on the quantity of â€Å"stuff† in life as opposed to the quality of life. Therefore in order to determine whether one has a quality life, we simply look at the quantity of â€Å"stuff† in his life. In a recent interview, Virgin Atlantic Airways president Richard Branson stated that he would donate half his wealth to charity. When asked why he would do this, he said that the quality of life is determined by good health, family and friends and not the things one owns. He gave an example of their house which burnt down which included all their possessions and the only thing they missed most were their photo albums and not the priceless antique and art that was lost. In truth , there is a very distinct difference between one’s wants, needs and desires. However, the way of living has made the difference so vague that nowadays there is a very thin line thus affecting ones mode of purchase. To fully understand this I will give an example, the fashion world same as the technology world is growing at a very high pace. It is very common to hear someone saying I need to buy a Gucci or Louis Vuitton bag or shoes. Focus on the word need. Do you really need a designer bag? What purpose does a bag serve? To carry personal items and may be secondarily act as an accessory, purposes that would also be served by non-designer bags. My point is the consumer’s definition of need, desire and want is skewed.... The aspect of the need to identify with a social group has been at the expense of individual identity. Who are you as a person? What values do you uphold in life? And what do you deem to be important, quantity of â€Å"stuff† or quality of life? Very many individuals have conformed to societal expectations that they have long forgotten their own expectations. People tend to live for others and everyone is turning into a â€Å"people pleaser†. With such an attitude, the individual gets lost in the crowd. This is by no means meant to glorify radicalism. It is simply advocating for people to be comfortable in their own skins. Americans did not suddenly become greedy. This did not happen over-nght. It has been a gradual process and the journey back to where they were initially will be gradual as well. That being said, the structural changes for instance the decline of community and social connection, has greatly contributed to the new consumerism. The structures in place na turally class people into different social stratas. For instance, there are neighbourhoods for the affluent and for those who are in the middle class and for the low income earners. The same has aaplied to the recreational places- hotels. If these structures could change, then people would stop classifying themselves and aspiring to move to the next level.