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Critical Essays Examples
Monday, August 24, 2020
The role of advertising and branding within the laptop industry and Dissertation - 1
The job of promoting and marking inside the PC business and its consequences for shopper buy choice in Leeds United Ki - Dissertation Example It is because of the explanation that the ideas to a great extent identifies with the preferences and impression of the client which are very testing to be measured. Results and Findings: The outcomes acquired from the information search uncover that publicizing is very critical as an affecting variable of brand steadfastness in the PC showcase in the UK. In any case, other than powerful promoting there are additionally different variables that will in general make a solid effect on the brand inclinations and shopper purchasing conduct that thusly means the brand faithfulness of the clients. List of chapters Abstract 2 Chapter 1: Introduction 6 1.1.Significance of Study 9 1.2.Research Objectives 10 1.3.Research Questions 10 1.5.Overview of Chapters 12 Chapter 2: Literature Review 14 2.1. Presentation 14 2.2. Purchaser Behavior 14 2.3. The Need for a Consumer Behavior Model 16 2.4. Model of Consumer Behavior 18 2.5. The Major Factors of Influence on Consumer Behavior 19 2.6. Social Fa ctors 20 2.7. Social Factors 20 2.8. Individual Factors 21 2.9. Mental Factors 24 2.10. The Buying Decision Process 24 2.11. Purchaser Decision Process 25 2.12. Significance of Branding 27 2.13. Brand Loyalty and its Effect on Consumer Behavior 28 2.14 Advertising as a Major Component to Persuade Customers 30 2.15. Job of Advertising in Building Brand Loyalty 32 Chapter 3: Research Methodology 34 3.1 Introduction 34 3.2 Research Design 35 3.2.1 Historical Research 37 3.2.2 Quantitative and Qualitative Research 37 3.3 Validity and Reliability 39 3.3.1 Qualitative Study 42 3.3.2 Data Collection 43 3.3.3 Data Analysis 45 3.4 Primary Research 47 3.4.1 Questionnaires 47 3.4.2 Interview 48 3.5 Usage of Methodologies in the Research 48 Chapter 4: Findings and Analysis 50 4.1. Diagram 50 4.2. Discoveries and Analysis of the Obtained Data 51 4.2.1. Promoting Strategies Adopted By Laptop Companies in the UK 51 4.2.2. Effect of Brand Awareness on the Consumer Buying Behavior 53 4.2.3. Connecti on between Advertising, Brand Awareness and Brand Image 54 4.2.4. Effect of Advertising on Sales of Laptops 57 4.2.5. Impact of Age, Employment and Gender on Brand Preferences and Consumer Buying Behavior in the Laptop Market 61 4.2.6. Focal points of Advertising from Customers Point of View 62 4.3. Rundown 64 Chapter 5: Discussion and Conclusion 65 5.1. Conversation 65 5.2. End 72 5.3 Recommendation for Further Improvement 74 Chapter 6: Learning Statement 77 References 80 Bibliography 90 Questionnaire 93 Chapter 1: Introduction The fundamental expectation of advertising is to fulfill and satisfy the need of the authoritative productivity and needs of the pointed shoppers. Buyer is considered as God in showcasing so (Skalen and Et. Al., 2008), the way toward promoting and itââ¬â¢s arranging spins around the shopper. Advertising helps in recognizing the forthcoming buyers, piling up of brand in the serious condition and above all the needs and aims while settling on a purchasing c hoice. Long back, nearly before 35 years, Peter Drucker had seen that it is the crucial an association to ââ¬Å"create customersâ⬠(Kotler, 2000). It had been especially called attention to that it was workable for organizations to raise their incomes by 25% to 85% by achieving a decrease in rebellions of purchasers just by 5% (Reichheld and Teal, 2001). Then, from the period of 1980, the most critical and
Saturday, August 22, 2020
Core Competencies and Program Objectives Essay Example | Topics and Well Written Essays - 1500 words
Center Competencies and Program Objectives - Essay Example All things considered, the educational program ought to be organized to convey and encourage collaboration and diligence over the educational plan and respect the appraisal of program results. II NLN Core Competencies and Program Outcomes for Graduates of Baccalaureate Programs NLN plots four results as exhibiting and reflecting authority of fundamental center nursing practice capabilities. The target of nursing instruction for each nursing project can be gathered in four unmistakable results: medical caretakers should use their aptitudes and information to advance human prospering for their patients, families, and networks on the loose. Moreover, they should show sound nursing judgment, and ought to steadily continue building up their expert personality. At long last, medical attendants should move toward all issues and difficulties in a feeling of request (National League for Nursing, 2010a). The laid out segments are visualized to respect center competency advancement. NLN six abi lities involve: (a) permit learning; (b) aid student socialization and improvement; (c) use audit and evaluation procedures; (d) take part in educational plan structure and program result examinations; (e) assume the job of progress specialist and pioneer; (f) in view of the job of nursing instructor, look for quality upgrade (National League for Nursing, 2010a). ... This identifies with the formation of pathways to execute the nurseââ¬â¢s unmistakable potential. This identifies with the accomplishment of human flourishing as a deep rooted existential continuum of self-completion and self-acknowledgment that never-endingly keeps on advancing. The medical caretaker ought to coordinate the information and abilities figured out how to help understudies, families, and the network everywhere to perpetually advance toward accomplishment of human limits (National League for Nursing, 2010b). NLN Outcome/competency for human prospering The alumni of the nursing program clearly be an advertiser for patients and families in manners that cultivate their self-assurance, genuineness, and nonstop development as human people. In that capacity, in acing the craftsmanship and study of nursing, the job of the medical attendant teacher place on supporting understudies set up center abilities to ensure that the understudies can, in this way, lead patients in looki ng past the clinical experience, or the eccentricity in their wellbeing condition, and encourage a re-absorption of their encounters. Basic to achieving the program consequence of human prospering subtleties the vital entwining of logically organized learning exercises and the explanation of basic abilities all through the nursing educational program. An understudy can achieve this result by learning exercises that are relevant and reasonable to the program, and related courses. The thought of human thriving is basically a lived understanding of contemporary nursing understudies, the major ideas focusing on human pride, warmth and sickness, powerlessness, sympathy, just as social and ethnic decent variety (Bjork and Kirkevold, 1999). This additionally includes ability to address norms of nursing gauges in quest for
Friday, July 17, 2020
Step by Step Guide on How to Write a Book Report
Step by Step Guide on How to Write a Book Report In this blog, we are going to share with you the tips on how to write a book report. Lets get started:- What is a Book Report? Summary What is a Book Report?Middle High School level Book ReportHow to Write a Book Report to Help You Get A+IntroductionBodyFor fiction or another creative writing:For non-fictionEvaluation and Analysis for a Book ReportImportance of Book reportConclusion A book report is a common type of work for students to distinct kinds of specializations and disciplines. Such as an academic assignment, it is supposed to make sure that students sustain by the reading compulsory from them and that they be able to observe those analytically, accepting the subject matter genuinely. Middle High School level Book Report In terms of the outcomes, the book report is the complicated assignments that one acquires from the reading essential. As a result, it is crucial to make evident not only the understanding with a books contents to present a personal clarification of it besides reflecting on it is ideas analytically. Several tutors have their requirements, and a specific format they suppose you to follow, thus be sure to check, on the other hand, the following universal fundamentals of a book report must be helpful. How to Write a Book Report to Help You Get A+ A written description and review of a book is a book report. Its one of the students most common tasks. The students personal choice can be the book to be read, or the instructor assigns it. It does not need to be a fiction as some teachers also assign non-fiction. Introduction In this section, you have to give fundamental information related to the book, and you must contain: Author/Title (underlined)Information about the Publication: year, Publisher, page numberGenre⢠A short (1-2 phrases) book and report introduction. Body The first and foremost thing is about the explanation of the book along with it how successful the book is and what is your opinion about the book. In addition to this, there is a number of distinct amongst reports on fiction or other imaginative reports and writing on books such as non-fiction. However, the purpose of the author or the major themes of the book is to explain an excellent start to both. For fiction or another creative writing: Provide brief explanations of the setting, the perspective, the narrator, and another important person. Note that, too, whether there is a distinct tone or mood. Provide a concise plot summary. Together with the sequence of most important events, you may want to deliberate the resolution and climax of the books or literary devices, for example, foreshadowing. On the other hand, if you are writing a review, be cautious not to give away important details about the plot or the ending. For non-fiction Make available a general summary of the critical points of the authors topic, as well as disagreement. Whats the dissertation? What are the core findings? Do not try to précis every single section or all angles. Select the ones that are important and motivating to you. Evaluation and Analysis for a Book Report In this, you have to evaluate the book as well as analyze the book as well. In addition to this, you can write your opinion and make sure that you have to clarify and support them with instances. Several questions you may want to deliberate: Has the author accomplished its goal?Is the writing influential, challenging, effective, and beautiful?How good are the books strengths and weaknesses?For non-fiction, which requirements does the author have to write on the subject? Will you support the claims and conclusions of the author?How do you respond to the book overall? Was it exciting, moveable, and annoying to you?Would you recommend others to do so? Why not? Why or why not? Importance of Book report A good book report will address a point of view or specific question as well as back up this topic through exact instances, in the procedure of themes and symbols. Such measures help you identify such key elements and integrate them. It should not be too difficult unless you are ready, and on average, you can expect 3-4 days to spend on the job. Conclusion Now you have seen the steps of how to write a book report. Book report writing consists of a process of analyzing and summarizing materials on a particular topic. The purpose of a review is to permit readers to make decisions on whether they want to read it or not. Such as a student, writing a book review tends to be a complicated task. If you are facing any problem while writing on the book report, you can get help from us. We provide some services, such as appropriate referencing and formatting, we can revert to your assignment queries instantaneously.
Thursday, May 21, 2020
The Threat Of Global Warming - 1023 Words
ââ¬Å"Itââ¬â¢s a well-kept secret, but 95 percent of the climate models we are told prove the link between human CO2 emissions and catastrophic global warming have been found, after nearly two decades of temperature stasis, to be in error,â⬠writes Maurice Newman, chief business advisor to Australian Prime Minister Tony Abbott (Dunn). With this bold declaration, Australia thrust itself onto the international stage where it was widely criticized and condemned by the United Nations and environmental supporters worldwide. Already behind the world in climate change legislation, Australia quickly became the face of global warming denial. Maintenance of positive international relations is not so simple to achieve as the reaction to this statementâ⬠¦show more contentâ⬠¦Science is beginning to support global warming, much to the dismay of non-believers like Maurice Newman. According to NASA, global temperatures have risen .8à ° since 1880 with more than two-thirds of that increase occurring after 1975. To put this in proper perspective, a one to two degree decrease in temperature was enough to plunge the world into the last ice age (Carlowicz). While many governments have implemented programs to slow CO2 emissions, they either fail to adequately decrease emissions or do not go far enough in reducing them. The 2014 World Energy Outlook estimates that at the current rate of increase, greenhouse gases are set to cause a global warming of closer to 3.6à ° Celsius, well above the 2050 2à ° Celsius target (2). If Australia has the highest per capita carbon emissions of all developed nations (Medhora and Milman) , they cannot wait to change their policy on greenhouse gas emissions. Yet in a never-ending quest for power and economic control, current leadership and career politicians continue to dismiss the need to implement necessary legislation to help reduce global emissions. Global greenhouse gas reductions were the primary focus of the 1997 Kyoto Protocol and so far, one of the most important international treaties for climate change legislation. Signed by 154 industrialized countries, including Australia, all
Wednesday, May 6, 2020
The Communist System - 696 Words
Before getting deep into the topic of communism, it helps to know what communism is. The system has six defining characteristics: a monopoly of power, rigid discipline and strict hierarchy, it contains a centralized command economy (which fixed prices on everything produced), the state owns production, also the citizenââ¬â¢s sense of belonging to communism, and finally, the desire of the citizen to further the communist cause. (Brown, 2) The communist system also demands total submission to the state government, and the desire of the ordinary working class citizen to be controlled by the power-hungry leaders of the stateââ¬â¢s regime. The malfunctioning of this system brought down the Soviet regime in the early 1990s along with the governments of most other countries that have tried to implement the communist system. The mismanagement of resources and inefficiency of the system was a determining factor of the downfall of communism. Under the system, business owners were to donate a majority of the goods to the government in return for basic and essential goods being given to them. (Pollick, 6) Most countries did not have the resources to support the needs of every last one of its people, eventually this system began to fail and a supply shortage would usually arise. The health care of most communist regimes was badly inadequate, and this would also result in the dissatisfaction of the people. The ambulances would take days, or even weeks, to arrive on mostShow MoreRelatedFailure of the Communist System Essay994 Words à |à 4 PagesFailure of the Communist System The communist system fell for various reasons. In time, I dont think that this could have been avoided as the communist ideal had a basic flaw in it. It misunderstood human nature. Their ideology was based on every man working to the best of his ability for the good of the nation. However, humans will not work for more than they have to and therefore this massive decline in the quality of the work in communism led to its downfall as thereRead MoreChinese Politics And Comparative Communist Systems Essay1036 Words à |à 5 PagesSujian Guo states in his book Chinese Politics in Comparative Communist Systems, ââ¬Å"The existence of the party-state and the blending of the political and administrative functions is one of the distinctive characteristics of the communist system world wideâ⬠(Guo 9). These ââ¬Å"Party-State Relationsâ⬠occur in all communist countries. There are many key features of Party-State Relations. Firstly, the members of the controlling party (China Communist Party) have a key role in political decisions. The party holdsRead MoreGovernmental Systems of China1593 Words à |à 6 Pageshas experienced a large and significant variety of governmental systems, from historical to contemporary. From the Manchu Empire which focused on Confucianism to the current Communist Party of the Peopleââ¬â¢s Republic of China, the government of China has changed drastical ly throughout the years, ultimately contributing to the country that China is today. It is significant to understand that the changes made in the governmental system were so drastic, that they stretched from the Mainland all the wayRead MoreKarl Marx And The Communist Manifesto1044 Words à |à 5 PagesWilliam Roubicek Nick Adey History 12 - Room 314 2nd January 2017 TITLE NOT YET FINAL On February 21st, 1848 the world was forever changed when Karl Marx published The Communist Manifesto, the ideas of a stateless and classless society would inspire many, and forge the path that many nations would follow, and give rise to numerous conflicts throughout the 20th century. Karl Marx was born in Trier, Germany on May 5th 1818. During his early years he studied philosophy and law,Read MoreThe Communist Manifesto By Karl Marx And Engels1135 Words à |à 5 Pages The Communist Manifesto was written in 1847 by Karl Marx and Friedrich Engels, who were commissioned by the Communist League, a group of radical workers in London, England. Marx and Engels had known each other since they had met in Paris in 1843, and they had already written several essays together about Communism before being asked to write the Manifesto. The Communist Manifesto was published in England in 1848, and it is one of the most widely influential documents when it comes to modern socialismRead MoreThe Collapse of Communism in the USSR, Central, and Eastern Europe1102 Words à |à 4 PagesCommunism is a social system in which all the resources, economic activities are owned by state or country. â⬠It is a system in which wealth is dispersed equally among the people and there is no private ownership of the resources and wealth. The state owns and controls resources and property. Soviet model of communism was based on these ideals, all the opposition parties were banned only who shared the communist ideals were allowed. Complete power was into the hands of the Communist party. In 1917, theRead MoreAnimal Farm: a Compare and Contrast on Karl Marx Communist Manifesto1037 Words à |à 5 PagesTopic: Research the life of Karl Marx. What were the fundamentals of his Communist Manifesto and how do they compare to the ideas expressed by Old Major in Animal Farm. Animal Farm is a novella written by George Orwell in 1945. This particular story by George Orwell reflects on the events leading up to and during Stalin era in Russia. During the time he wrote, the work of Karl Marxââ¬â¢s Communist Manifesto was being followed by the Russian leaders, and some of Marxââ¬â¢s ideas can be foundRead MoreMay Fourth Movement and Beyond1056 Words à |à 5 Pageschanged the entire political system that China had been eternally run by. However, the idea of Communism exploded based on the leadership of Mao Zedong in 1949 which led to a variety of reforms. As a result, Zedong developed a new branch of Communism called Maoism. Still in the 21st century, China continues to strive to preserve its Communist ideals but has, in some ways, succumbed to Westernization. Although China continue to adhere to Maoist philosophies, the Communist Party of China has been allowingRead MoreKarl Marx Essay922 Words à |à 4 Pages Marx has his own economic theory, called Marxism. Marx, a radical Communist ideas and philosophies played important roles int the forming of Communist nations during the twentieth century. Marxââ¬â¢s ideas would and have influenced the course of history. Even today, well past his death his philosophies and ideas are still talked about. Marxââ¬â¢s ideas are captured in his book the Communist manifesto. Communism is ââ¬Å"a theory or system of social organizationà based on the holding of all property in commonRead MoreCommunism And Its Impact On The World1583 Words à |à 7 PagesCommunism is a system of social organisation which formerly consumed almost a third of countries in the entire world, having originated in Russia. The first official communist state was founded during the Russian revolutions in 1917, due to the inaugural communist political party ââ¬ËBolsheviksââ¬â¢ gaining primal power. Afterwards, the influence of communism spread to other countries with the likes of Bulgaria, Czechoslovakia and East Germany to name a few. These countries that were governed on communist principles
Acceptance Free Essays
string(79) " action that objectively indicates agreement risk the formation of a contract\." An acceptance is ââ¬Å"a manifestation of assent to the terms [of the offer] made by the offeree in the manner invited or required by the offer. â⬠In determining if an offeree accepted an offer and created a contract, a court will look for evidence of three factors: (1) the offeree intended to enter the contract, (2) the offeree accepted on the terms proposed by the offeror, and (3) the offeree communicated his acceptance to the offeror. Common Law: Traditional ââ¬Å"Mirror Imageâ⬠Rule The traditional contract law rule is that an acceptance must be the mirror image of the offer. We will write a custom essay sample on Acceptance or any similar topic only for you Order Now Attempts by offerees to change the terms of the offer or to add new terms to it are treated as counteroffers because they impliedly indicated an intent by the offeree to reject the offer instead of being bound by its terms. However, recent years have witnessed a judicial tendency to apply the mirror image rule in more liberal fashion by holding that only material (important) variances between an offer and a purported acceptance result in an implied rejection of the offer. Even under the mirror image rule, no rejection is implied if an offereee merely asks about the terms of the offer without indicating its rejection (an inquiry regarding terms), or accepts the offerââ¬â¢s terms while complaining about them (a grumbling acceptance). Distinguishing among a counteroffer, an inquiry regarding terms, and a grumbling acceptance is often a difficult task. The fundamental issue, however, remains the same: Did the offeree objectively indicate a resent intent to be bound by the terms of the offer? Communication of Acceptance To accept an offer for a bilateral contract, the offeree must make the promise requested by the offer. An offeror must communicate the terms of his proposal to the offeree before an offer results. This is so because communication is a necessary component of the present intent to contract required for the creation of an offer. For similar reasons, it is generally held that an offeree must communicate his intent to be bound by the offer before a contract can be created. To accept an offer for a unilateral ontract, however, the offeree must perform the requested act. The traditional contract law rule on this point assumes that the offeror will learn of the offereeââ¬â¢s performance and holds that no further notice from the offeree is necessary to create a contact unless the offeror specifically requests notice. Mailbox rule Under the so-called ââ¬Å"mailbox rule,â⬠properly addressed and dispatched acceptances can become effective when they are dispa tched, even if they are lost and never received by the offeror. The mailbox rule protects the offereeââ¬â¢s reasonable belief that a binding contract was created when the acceptance was dispatched. By the same token, it exposes the offeror to the risk of being bound by an acceptance that she has never received. The offeror, however, has the ability to minimize this risk by stipulating in her offer that she must actually receive the acceptance for it to be effective. Offerors who do this maximize the time they have to revoke their offers and ensure that they will never be bound by an acceptance that they have not received. As traditionally applied by the common law of contracts, the mailbox rule would make acceptances effective upon dispatch when the offeree used a manner of communication that was expressly or impliedly authorized (invite) by the offeror. Any manner of communication suggested by the offeror (e. g. , ââ¬Å"You may respond by mailâ⬠) would be expressly authorized, resulting in an acceptance sent by the suggested means being effective on dispatch. Unless circumstances indicated to the contrary, a manner of communication used by the offeror in making the offer would be impliedly authorize (e. . , an offer sent by mail would impliedly authorize an acceptance by), as would a manner of communication common in partiesââ¬â¢ trade or business (e. g. , a trade usage in the partiesââ¬â¢ business that offers are made by mail and accepted by telegram would authorize an acceptance by telegraph). Conversely, an improper dispatched acceptance or one that was nonauthorized would be effective when received, assuming that the offer was still open at that time. This placed on the offeree the risk of the offer being revoked or the acceptance being lost. The mailbox rule is often applied more liberally by courts today. A modern version applied of the mailbox rule that is sanctioned by the Restatement (Second) holds that an offer that does not indicate otherwise is considered to invite acceptance by any reasonable means of communication, and a properly dispatched acceptance sent by a reasonable means of communication within a reasonable time is effective on dispatch. The Cantu case illustrates the more liberal version of the mailbox rule. Special Acceptance Problem Areas Acceptance in Unilateral Contracts A unilateral contract involves the exchange of a promise for an act. To accept an offer to enter such a contract, the offeree must perform the requested act. As you learned in the last chapter, however, courts applying modern contract rules may prevent an offeror from revoking such an offer once the offeree has begun performance. This is achieved by holding either that a bilateral contract is created by the beginning of performance or that the offerorââ¬â¢s power to revoke is suspended for the period of time reasonably necessary for the offeree to complete performance. Acceptance in Bilateral Contracts A bilateral contract involves the exchange of a promise for a promise. As a general rule, to accept an offer to enter such a contract, an offeree must make the promise requested by the offer. This may be done in a variety of ways. For example, Wallace sends Stevens a detailed offer for the purchase of Stevenââ¬â¢s business. Within the time period prescribed by the offer, Steven sends Wallace a letter that says, ââ¬Å"I accept your offer. â⬠Stevens has expressly accepted Wallaceââ¬â¢s offer, creating a contract on the terms of the offer. Acceptance, however, can be implied as well as expressed. Offerees who take action that objectively indicates agreement risk the formation of a contract. You read "Acceptance" in category "Papers" For example, offerees who act in a manner that is inconsistent with an offerorââ¬â¢s ownership of offered property are commonly held to have accepted the offerorââ¬â¢s terms. So, if Arnold, a farmer, leaves 10 bushels of corn with Porter, the owner of a grocery store, saying, ââ¬Å"Look this corn over. If you want it, itââ¬â¢s $5 a bushel,â⬠and Porter sells the corn, he has mpliedly accepted Arnoldââ¬â¢s offer. But what if Porter just let the corn sit and, when Arnold returned a week later, Porter told Arnold that he did not want it? Could Porterââ¬â¢s failure to act ever amount to an acceptance? Silence as Acceptance Since contract law generally requires some objective indication that an offeree intends to contract, the general rule is that an offereeââ¬â¢s silence , without more, is not an acceptance. In addition, it is generally held that an offeror cannot impose on the offeree a duty to respond to the offer. So, even if Arnold made an offer to sell corn to Porter and said, ââ¬Å"If I donââ¬â¢t hear from you in three days, Iââ¬â¢ll assume youââ¬â¢re buying the corn,â⬠Porterââ¬â¢s silence would still not amount to acceptance. On the other hand, the circumstance of a case sometimes impose a duty on the offeree to reject the offer affirmatively or be bound by its items. These are cases in which the offereeââ¬â¢s silence objectively indicates an intent to accept. Customary trade practice or prior dealings between the parties may indicate that silence signals acceptance. So, if Arnold and Porter had dealt with each other on numerous occasion and Porter has always promptly returned items that her did not want, Porterââ¬â¢s silent retention of the goods for a week would probably constitute an acceptance. Likewise, an offereeââ¬â¢s silence can also operate as an acceptance if the offeree has indicated that it will. For example, Porter (the offeree) tells Arnold, ââ¬Å"If you donââ¬â¢t hear from me in three days, I accept. â⬠Finally, it is generally held that offerees who accept an offerorââ¬â¢s performance knowing what the offeror expects in return for his performance have impliedly accepted the offerorââ¬â¢s terms. So, if Apex Paving Corporation offers to do the paving work on new subdivision being developed by Majestic Homes Corporation, and Majestic fails to respond to Apexââ¬â¢s offer but allows Apex to do the work, most courts would hold that Majestic is bound by the terms of Apexââ¬â¢s offer. Acceptance When a Writing Is Anticipated Frequently, the parties to a contract intend to prepare a written draft of their agreement for both parties to sign. This is a good idea not only because the law requires written evidence of some contracts, but also ecause it provides written evidence of the terms of the agreement if a dispute arises at a later date. If a dispute arises before such a writing has been prepared or signed, however, a question may arise concerning whether the signing of the agreement was a necessary condition to the creation of a contract. A party to the agreement who now wants out of the deal may argue that the parties did not intend to be bound until both parties signed in writing. A clear expression of such intent by the parties during the negotiation process prevents the formation of a contract until both parties have signed. However, in the absence of such a clear expression of intent, the courts ask whether a reasonable person familiar with all the circumstances of the partiesââ¬â¢ negotiations would conclude that the parties intended to be bound only when a formal agreement was signed. If it appears that the parties had concluded their negotiations and reached agreement on all the essential aspects of the transaction, most courts would probably find a contract at the time agreement was reached, even though no formal agreement had been signed. Acceptance of Ambiguous Offers. Although offerors have the power to specify the manner in which their offers can be accepted by requiring that the offeree make a return promise (a bilateral contract) or perform a specific act (a unilateral contract), often an offer is unclear about which form of acceptance is necessary to create a contract. In such a case, the offer may be accepted in any manner that is reasonable in light of the circumstances surrounding the offer. Thus, either a promise to perform or performance, if reasonable , creates a contract. Acceptance by Shipment. The Code specifically elaborates on the rule stated in the preceding section by stating that an order requesting prompt or current shipment of goods may be accepted either by a prompt promise to ship or by a prompt or current shipment of the goods [2-206(1)(b)]. So, if Apex Corporation orders 500 IBM personal computers from Marks Office Supply, to be shipped immediately, Marks could accept either promptly promising to ship the goods or by promptly shipping them. If Marks accepts by shipping, any subsequent attempt by Ampex to revoke the order will be ineffective. What if Marks did ot have 500 IBMs in stock and Marks knew that Ampex desperately needed the goods? Marks might be tempted to ship another brand of computers (that is, nonconforming goods ââ¬â goods different from what the buyer ordered), hoping that Ampex would be forced by its circumstances to accept them because by the time they arrived it would be too late to get the correct goods elsewhere. M arks would argue that by shipping the wrong goods it had made a counteroffer because it had not performed the act requested by Ampexââ¬â¢s order. If Ampex accepts the goods, Marks could argue that Ampex has impliedly accepted the counteroffer. If Ampex rejects the goods, Marks would arguably have no liability since it did not accept the order. The Code prevents such a result by providing that prompt shipment of either conforming goods (what the order asked for) or nonconforming goods (something else) operates as an acceptance of the order [2-206(1)(b)]. This protects buyers such as Ampex because, sellers who ship the wrong goods have simultaneously accepted their offers and breached the contract by sending the wrong merchandise. But what if Marks is an honest seller merely trying to help out a customer that has placed a rush order? Must Marks expose itself to liability for breach of contract in the process? The Code prevents such a result by providing that no contract is created if the seller notifies the buyer within a reasonable time that the shipment of nonconforming goods is intended as an accommodation (an attempt to help the buyer) [2-206(1)(b)]. In this case, the shipment is merely a counteroffer that the buyer is free to accept or reject and the sellerââ¬â¢s notification gives the buyer the opportunity t seek the goods he needs elsewhere. Who Can Accept an Offer? As the masters of their offers, offerees have the right to determine who can bind them in a contract. So, the only person with the legal power to accept an offer and create a contract is the original offeree. An attempt to accept by anyone other than the offeree is treated as an offer, because the party attempting to accept is indicating a present intent to contract on the original offerââ¬â¢s terms. For example, Price offers to sell his car to Waterhouse for $5,000. Anderson learns of the offer, calls Price, and attempts to accept. Anderson has made an offer that Price is free to accept or reject How to cite Acceptance, Papers
Saturday, April 25, 2020
Minerva Mirabal Essay Example
Minerva Mirabal Paper In The Time of Minerva Malabar In my tenth grade literature class this year I had the opportunity to read a book that I had never thought about reading. To my surprise, once I started reading I couldnt stop. The book was titled, In The Time of The Butterflies. This book spoke of four sisters who were just trying to survive. One of the sisters, however, decided she wouldnt Just survive, she would fight. This young woman was known as Minerva Miramar, the outspoken butterfly. How would you treat your half sisters and your fathers mistress? With hatred and anger Sibyl, or would you give them love like Minerva Miramar did? It takes a strong person like Minerva to do something as astonishing as this. A strong person that Is destined to change the world one life at a time, and she did Just that. Minerva Malabar Is the name of a woman that will always live on. She went through many different hardships and roadblocks, but she never stopped persevering. She was one of the people, who even dur ing Truffles reign of terror never gave up hope. Throughout Minerals time of rebelling people often forgot to look at Minerals life as a whole. Minerva Miramar was the daughter of a man named Unripe Miramar. She had three sisters, or so she thought. Half way through Minerals short life she found out about her fathers mistress and Minerals other four sisters. At first sight Minerva was outraged. She did not think that anything like this was possible. She even went as far as crashing her car into her fathers while he was at his mistress house. What she did next was even more astonishing. Minerva forgave her father. Forgiving her father was Just a little of what we know about Minerva Miramar. However, this Is enough to let us know what type of person she was. Minerva was the type of person that cared more for others than herself. We will write a custom essay sample on Minerva Mirabal specifically for you for only $16.38 $13.9/page Order now We will write a custom essay sample on Minerva Mirabal specifically for you FOR ONLY $16.38 $13.9/page Hire Writer We will write a custom essay sample on Minerva Mirabal specifically for you FOR ONLY $16.38 $13.9/page Hire Writer Even when she was In Jail she made sure that all the woman had what they needed. Minerva constantly put others before herself. Once Minerva started to realize the predicament her father got himself in she started to help. If Unripe Miramar wasnt able to bring the girls money or other items Minerva would. Once Unripe died Minerva decided to enroll her younger sisters into school. Minerva wanted to make everything possible for the girls that was possible for her. She felt that it was her duty to make sure that the girls grew up right. It is amazing to think that even while Minerva was fighting Trujillo regime she would not give up on her family. She showed this by taking care of her sisters. Not Just the ones that she grew up with, but also the ones she barely found out about. This shows everyone how good of a person Minerva was inside and out. She was as gentle as a butterfly and Just as determined. I know that this essay does not do Minerva Malabar Justice. I Just hope that It gets people to start to understand. I want this essay to be the start of peoples understanding of the Marsupials. Once this essay is read I wish that the reader becomes as intrigued in the peoples minds every now and again.
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