Big Time Toymaker Essays - Contract Law, Contract, Mistake

Big Time Toymaker Essays - Contract Law, Contract, Mistake Big Time Toymaker LAW/421 November 10, 2014 Big Time Toymaker An agreement recognized by a court of law is called a contract. A binding contract is the result of an agreement, whether the agreement is verbal or written, providing certain requirements be met (Melvin, 2011). The purpose of contracts is to provide protection to both parties involved in the agreement. In this simulation, Chou had invented a revolutionary game, Strat, which had piqued the interest of Big Time Toymaker (BTT). Chou and BTT entered into an agreement that gave BTT exclusive rights to Chous inventory for the period of 90 days in exchange for a monetary transaction of $25,000 (Melvin, 2011). Evaluation of this particular situation will lead to the discovery of some of the pros and cons a contract can provide, how to determine if a contract is necessary in a situation, as well as a few remedies should a breach of contract occur. Contract Melvin (2011) stated, BTT was interested in distributing Strat and entered into an agreement with Chou whereby BTT paid him $25,000 in exchange for exclusive negotiation rights for a 90-day period. The exclusive negotiation agreement stipulated that no distribution contract existed unless it was in writing (p. 155). These are concrete terms that form a verbal agreement, which was held in place, that lead to the creation of a written agreement. Even though none of the e-mails exchanged between Chou and BTT ever actually contained the word contract, the e-mails clearly showed that all of the terms were agreed upon by both parties involved, which meets the requirements that outline a contract. Positive and Negative Facts of Agreement This particular simulation provides several facts that are in favor of and against Chou in terms of the parties objective intent to form a contract. The first fact in Chous favor is the first meeting where an agreement was made with BTT regarding the monetary exchange for exclusive negotiation rights. BTT sending over a follow-up e-mail that clearly stated their agreed upon terms was a second fact in favor of Chou, as well as the fax from BTT requesting that Chou create a draft for an actual contract. Chou also had in his favor the fact that both parties spent a notable amount of time acting under the agreed upon terms of the drafted contract. However, because the negotiation agreement stated that there would be no contract for distribution unless otherwise stated in writing, and BTTs e-mail that repeated the agreed upon terms did not contain signatures from either party, binding the contract, the oral negotiation agreement passed the 90-day deadline with no technical contract in pla ce. It was not until several months had passed that that BTT had requested a draft of a contract. Impact of E-mail Thanks to the evolution of technology, in the paperless world of electronic communications, a paper communication is no longer necessary to hold to the bond of an agreement. The e-mails exchanged between Chou and BTT outlines an agreement made by both parties based on the terms agreed upon in the meeting regarding distribution. Without the e-mail exchange identified as a contract by written words, it displays an acknowledgment by Chou and BTT of an existent contract. According to Melvin (2011), because the e-mail provided a senders name at the bottom of the message, the Mailbox rule applies, and the name is to be considered an electronic signature. Statute of Frauds Melvin (2011) states, Under the Uniform Commercial Code, the statute of frauds applies to any contract for the sale of goods for $500 or more, and any lease transaction for goods amounting to $1,000 or more (p. 151). Because the $25,000 was received by Chou under the negotiation agreement, the sale of goods should be considered for the Strat game. The electronic signature at the bottom of the e-mail from BTT to Chou is also considered, especially since the e-mail clearly stated the agreed upon terms. Chou could use the fact that the whole scenario was misleading because there was an exchange of money for goods, a verbal agreement, and an e-mail containing all of the elements of a contract. Doctrine of Mistake Melvin (2011) defines a mutual mistake as A mutual mistake may be the basis for canceling a contract (also

Definition and Examples of Paralinguistics

Definition and Examples of Paralinguistics Up to 90 percent of communication is nonverbal. Getting ones message across is made easier through voice inflection, facial expression and body gestures. Paralinguistics is the study of these vocal (and sometimes non-vocal) signals beyond the basic verbal message or speech, also known as vocalics. Paralinguistics, Shirley Weitz explains sets great store on how something is said, not on what is said. What It Is Paralanguage  includes accent, pitch, volume, speech rate, modulation,  and fluency. Some researchers also include  certain non-vocal  phenomena  under the heading of paralanguage:  facial expressions, eye movements,  hand gestures, and the like. The boundaries of paralanguage, says Peter Matthews, are (unavoidably) imprecise. Although paralinguistics was once described as the neglected stepchild in language studies, linguists  and other researchers  have recently demonstrated greater interest in the field.  Ã‚   The rise in recent decades of non-face-to-face communication through email, text messaging, and social media led to the use of emoticons as a substitute for paralanguage. Etymology From Greek and Latin, beside language Cultural Differences Not all cultures interpret these nonverbal cues the same way, which can cause confusion when people of different backgrounds are trying to communicate. In Saudi Arabia, speaking loudly conveys authority and speaking softly conveys submission. Americans, on the other hand, are often perceived as brash for their loudness by Europeans. The Finnish language is spoken more slowly than other European languages, leading to a perception that the Finnish people themselves are slow. Some people have a similar perception of the Southern drawl accent in the United States. Examples and Observations We speak with our vocal organs, but we converse with our entire bodies. ... Paralinguistic phenomena occur alongside spoken language, interact with it, and produce together with it a total system of communication. . . . The study of paralinguistic behavior is part of the study of conversation: the conversational use of spoken language cannot be properly understood unless paralinguistic elements are taken into account.- David Abercrombie Paralinguistics is commonly referred to as that which is left after subtracting the verbal content from speech. The simple cliche, language is what is said, paralanguage is how it is said, can be misleading because frequently how something is said determines the precise meaning of what is said.- Owen Hargie, Christine Saunders, and David Dickson Loudness in Different CulturesA simple example of the adverse effects of paralinguistics is quoted in [Edward T.] Hall concerning the loudness with which one speaks (1976b). In Saudi Arabian cultures, in discussions among equals, the men attain a decibel level that would be considered aggressive, objectionable and obnoxious in the United States. Loudness connotes strength and sincerity among Arabs; a soft tone implies weakness and deviousness. Personal status also modulates voice tone. Lower classes lower their voices. Thus, if a Saudi Arab shows respect to an American he lowers his voice. Americans ask people to talk more loudly by raising their own voices. The Arab then has his status confirmed and thus talks even more quietly. Both are misreading the cues!- Colin Lago Vocal and Nonvocal PhenomenaThe more technical discussion of what is loosely described as tone of voice involves the recognition of a whole set of variations in the features of voice dynamics: loudness, tempo, pitch fluctuation, continuity, etc. . ... It is a matter of everyday observation that a speaker will tend to speak more loudly and at an unusually high pitch when he is excited or angry (or, in certain situations, when he is merely simulating anger and thus, for whatever purpose, deliberately communicating false information). ... Among the most obvious non-vocal phenomena classifiable as paralinguistic, and having a modulating, as well as punctuating, function is the nodding of the head (in certain cultures) with or without an accompanying utterance indicative of assent or agreement. ... One general point that has been continually stressed in the literature is that both the vocal and non-vocal phenomena are to a considerable extent learned rather than instinctive and differ fro m language to language (or, perhaps one should say, from culture to culture).- John Lyons Detecting Sarcasm Based on Paralinguistic CuesThere was nothing very interesting in Katherine Rankins study of sarcasm- at least, nothing worth your important time. All she did was use an M.R.I. to find the place in the brain where the ability to detect sarcasm resides. But then, you probably already knew it was in the right  parahippocampal gyrus. ...Dr. Rankin, a neuropsychologist and assistant professor in the Memory and Aging Center at the University of California, San Francisco, used an innovative test developed in 2002, the Awareness of Social Inference Test, or Tasit. It incorporates videotaped examples of exchanges in which a person’s words seem straightforward enough on paper, but are delivered in a sarcastic style so ridiculously obvious to the able-brained that they seem lifted from a sitcom.I was testing people’s ability to detect sarcasm based entirely on paralinguistic cues, the manner of expression, Dr. Rankin said. ...To her surprise, ...  the magnet ic resonance scans revealed that the part of the brain lost among those who failed to perceive sarcasm was not in the left hemisphere of the brain, which specializes in language and social interactions, but in a part of the right hemisphere previously identified as important only to detecting contextual background changes in visual tests.The right parahippocampal gyrus must be involved in detecting more than just  visual context- it perceives social context as well, Dr. Rankin said.- Dan Hurley Sources Khalifa, Elsadig Mohamed, and Faddal, Habib. Impacts of Using Paralanguage on Teaching and Learning English Language to Convey Effective Meaning. Studies in English Language Teaching, 2017. file:///Users/owner/Downloads/934-2124-1-SM.pdfIntra-personal Communication http://faculty.seattlecentral.edu/baron/Spring_courses/ITP165_files/paralinguistics.htmEmoticons and Symbols Arent Ruining Language – Theyre Revolutionizing It, Lauren Collister - https://theconversation.com/emoticons-and-symbols-arent-ruining-language-theyre-revolutionizing-it-38408Weitz, Shirley. Nonverbal Communication. Oxford University Press, 1974, Oxford.  Matthews, Peter. Concise Oxford Dictionary of Linguistics. Oxford University Press, 2007, Oxford.Abercrombie, David. Elements of General Phonetics. Edinburgh University Press,1968, Edinburgh.Hargie, Owen; Saunders, Christine and Dickson, David.  Social Skills in Interpersonal Communication, 3rd ed. Routledge, 1994, London.Lago, Colin.  Race, Culture an d Counselling 2nd ed. Open University Press, 2006, Berkshire, England. Lyons, John. Semantics, Vol. 2. Cambridge University Press, 1977, Cambridge.Hurley, Dan. The Science of Sarcasm (Not That You Care). The New York Times, June 3, 2008.

Reading Responses 9 Case Study Example | Topics and Well Written Essays - 250 words

Reading Responses 9 - Case Study Example Birth control can be supported on economic and social grounds with the big families being an economic strain to any family. The social limits show that, in the modern era, the socially acceptable family size is the small family. It is necessary to  make sure that the members of the community are well informed to make choices that will favor the family. Making sure that the society has adequate knowledge so as to make informed decisions will enable the society to progress. Controlling the birth levels of the human race is crucial in the evaluation of living standards. Increased population causes a strain on natural resources, which causes competition for available resources (Sanger 3). Birth control needs to be done to maintain socially acceptable behaviour or morals in the society. Maintaining high moral standards in the society will determine the nature of interactions in the society. The issue of birth control is thus a sensitive issue in the society and should be resolved by ensuring that the members of the society are provided with adequate information. It is noteworthy that the members of the society make their own decision with regards to the matter since they have the information required (Sanger 4). The question arises, is the information available to the citizens enough for them to make the right decision? The article evaluates birth control in the society and the factors that affect the perception of the community towards the action. Birth control has been a discussion topic for some time with the moral side of the activity being evaluated. The main questions asked with regards to the need of birth control is the issue of the population effect on global peace, the legal issues affecting birth control, effect of birth control on moral attitude and the amount of knowledge in the society with regards to the issue. The need for birth control needs to be

Alcohol Market Assignment Example | Topics and Well Written Essays - 1500 words

Alcohol Market - Assignment Example Traditions are notoriously difficult to break within an culture, especially those that are associated with good times, excitement and an escape from the more somber aspects of life. The market is also influence by the fact that a tee-totaler is often regarded with a mixture of suspicion and derision by the very customers that would need to buy NAB/LAB. A person who does not drink alcohol is seen as someone who will lessen the jovial spirit at any social gathering. A sober person among the drunk is somewhat out of place. The drinking people feel it and that person is often not welcome. Kaliber overcame this in a number of ways. First, it was produced by Guinness corporation, which is associated with one of the most famous beers in the world. Thus there was at least a chance this NAB would stand a chance of at least being considered. Second, the choice of a Billy Connolly as a spokesperson was an attempt to transform the idea that non-alcoholic drinks are "not fun" into the idea that one could indeed have a good time while drinking them. Connolly's public image was one of the drunken Scotsman, a near out-of-control comedian who lived a legendary wild life of debauchery. This was an attempt to overcome the most basic and overriding problem that Kaliber faced: that non-alcoholic drinks are somehow less macho and/or feminine than alcoholic drinks. A perhaps disarming, but in hindsight brilliant move was to have Connolly talk about the beer in a serious manner. His deadpan delivery of the advert was not expected, but in a sense placed the beer as a "straight man" to the funny man of alcoholic beer. By the straight man is just as much part of the entertainment within a comedy routine, and by association, a NAB such as Kaliber could be part of the overall, happy social experience of a pub. The idea was to suggest that alcohol is not the defining factor, but rather the sociability and conviviality of the drinking situation. The choice of Billy Connolly as a spokesman personified this idea. Why did Guinness and the agency then feel it was necessary to reposition the Kaliber brand The basic reason for the repositioning of Kaliber was that, while the market was growing and Kaliber had a 30% share of that market, but by 1989 the market had stagnated and it appeared that low alcohol beers would become dominant as the public perceived them as tasting better and also that they were easier to brew. The Kaliber brand needed to be repositioned because it was in danger of losing its leadership position, not because of any particular weaknesses within the product itself, but because of the changing fortunes of the NAB versus LAB dynamic in general. How successful was the campaign The campaign involved Connolly in sober tones stating that you could drink as much NAB as you liked, but that LAB could get you drunk, with all the bad possibilities thus appearing. The results were startling and overwhelming positive. Thus awareness of Kaliber as an alcohol-free brand rose from 40% to 70%, and preference for NAB in general over LAB in general grew from 39% to 52%. As the case study states, "between July 1989 and the end of 1990, Kaliber's share grew from 12% to 20%." Again, the campaign itself was effected by

High Drop Out from School Among Girls in Tanzania Essay Example for Free

High Drop Out from School Among Girls in Tanzania Essay Education enables girls to make their own decisions and to influence their families positively. Education saves and improves the lives of girls and women. It allows them greater control of their lives and provides them with skills to contribute to their societies. UNICEF (2004) report indicates that girls’ education leads to more equitable development, stronger families, better services, better child health and effective participation in governance. Despite the obvious benefits of Education to national development, research findings indicate that girls’ dropout rate from school is higher than that of boys. It observed that Tanzanian girls, for various reasons bordering on religious, cultural, socio-economic and school related factors, are not given a fair chance in the educational sector. In Tanzania, about 7. 3 million children do not go to school, of which 62% are girls (UNICEF 2004). The same UNICEF report indicates that girls’ primary school completion rate is far behind that of boys, at 76% compared with 85% for boys. This gender gap means that millions more girls than boys are dropping out of school each year. This goes to show that the majority of children not in school are girls. Mohammed (2004) equally reported that a girl may be withdrawn from school if a good marriage prospect arises. Early marriage is a sociocultural factor that hinders the girl child’s access to school. Some parents, in an attempt to protect their teenage daughters, give them out to wealthy old friends. Some of these girls who attempt to escape from such forced marriages end up in disaster. Alika and Egbochuku (2009) found that the socio-economic status of the girls imposes considerable constraints upon their continuing stay in school. In fact, they asserted that a girl’s particular socio-economic inheritance may have a direct and important effect on educational attainment. The Problem Education, which is the right of every child, is a mirage in the lives of some Tanzanian girls because some of them are forced into early marriage as from age 12. Poverty has been known to force most parents to withdraw their children from school UNICEF (2004) report indicates that some 121 million children are out of school for various reasons and 65 million of them are girls. With the educational rights of 65 million girls unmet, something should be done to ensure that they complete their education. The same report indicates that Tanzania is one of the 25 developing countries of the world with low enrolment rates for girls, gender gap of more than 10% in primary education and with more than 1 million girls out of school. This is a problem that requires emergency action if the nation is to advance technologically, considering the multiplier and intergenerational benefits derivable in the education of the girl child. It is the aim of this study, therefore, to find out reasons why girls dropout of school in Tanzania and, consequently, based on the findings proffer counselling strategies that could be adopted in order to check the incidence of drop out from school among girls in Tanzania. Research Question  To guide this investigation, one research question will be formulated 1. What are the reasons for high dropping out of school by girls in Tanzania? The descriptive survey design will be adopted for this study. The study sought to determine the reasons for dropping out from school among girls in Tanzania. The population of the study will comprised all girls who dropped out of school and re-enrolled in schools in Tanzania. Four primary schools, four secondary schools and four skill acquisition centres will be used for the study. A stratified random sampling procedure will be adopted in selecting the secondary schools, on the basis of their status i. e. all girls’ schools and all co-educational schools. For the primary schools, the upper primary classes will be used for the study while for the skill acquisition centres, two government skill acquisition centres, one nongovernmental skill centre and one private skill centre will be used for the study. The research instrument used will be a checklist on reasons for dropping out of school.

Buddhism Essay -- essays research papers

Before Buddha had started teaching, many people were ignorant of their feelings and could not understand a lot of their senses. Before Buddha, people suffered without understanding why. Buddha taught people how to release themselves from this daily suffering. They learned that the pathway to self-righteousness was bordered with the release from suffering. Buddha’s way of life has benefited the whole world because now people can choose to understand why we are suffering, and how we can be released from it.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  In the depths of India in C.563 b.c., a child was born. His parents named him Siddartha Guatama, and it was prophesized that he would one day become a universal emperor or teacher. Siddartha’s father was a wealthy ruler of an important tribe called “shakya';1 Young Siddartha spent his early life enclosed within the walls of the palace, where he was sheltered from anything but luxury, and serenity. He was not satisfied with only material possessions. Siddartha felt like he needed something else in his life. So he pleaded to his father that he could become a follower of the polytheistic religion that was at that time the only religion in India. When his father refused, Siddartha stood in one place for days on end, until his father agreed. So Siddartha left his enclosed palace and set out on his own.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Not long after he started ... Buddhism Essay -- essays research papers Before Buddha had started teaching, many people were ignorant of their feelings and could not understand a lot of their senses. Before Buddha, people suffered without understanding why. Buddha taught people how to release themselves from this daily suffering. They learned that the pathway to self-righteousness was bordered with the release from suffering. Buddha’s way of life has benefited the whole world because now people can choose to understand why we are suffering, and how we can be released from it.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  In the depths of India in C.563 b.c., a child was born. His parents named him Siddartha Guatama, and it was prophesized that he would one day become a universal emperor or teacher. Siddartha’s father was a wealthy ruler of an important tribe called “shakya';1 Young Siddartha spent his early life enclosed within the walls of the palace, where he was sheltered from anything but luxury, and serenity. He was not satisfied with only material possessions. Siddartha felt like he needed something else in his life. So he pleaded to his father that he could become a follower of the polytheistic religion that was at that time the only religion in India. When his father refused, Siddartha stood in one place for days on end, until his father agreed. So Siddartha left his enclosed palace and set out on his own.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Not long after he started ...

Journal Article on Juvenile Delinquency Essay

The study made by Kaplan and Johnson corresponds to the value of how people and corresponding social institutions perceive juvenile delinquency. In particular, it tackled the capacity of creating punishments and sanctions as an ideal norm that needs to be pursued. Such direction then fostered better means of analyzing the response of different social institutions towards these actions. Similarly, the aspect of labeling within the social model was also studied. In particular, it takes into consideration how this process corresponds to how individuals ascertain relationships and function towards functioning effectively within the specific standards established (Kaplan and Howard, p. 99). To achieve this perspective, the process of labeling was studied and determined by its capacity to promote deterrence. Similarly, careful study was also made in how a relationship may exist between the processes of social sanctions and the application of appropriate standards related to a model of deviant behavior (Kaplan and Johnson, p. 100). Through this, the study was able to establish specific patterns that allow the labeling process during deviant behavior to explain the motivation and resistance towards engagement. Such actions then help explain the manner on how people relate with social institutions and others accordingly. After careful analysis, the study then illustrated the value of utilizing labeling within the deviant behavior. Here, the principle is used to create better means of fostering distinctions between responses among individuals and social institutions (Kaplan and Johnson, p. 116). Seeing this, the idea then of labeling becomes both constructive in its capacity to motivate a change in behavior and deterrence of deviance. On the other hand, it also brings about a negative outcome that it promotes biased views and alienation among individuals who engage in such actions. Due to this, the principle then opens up greater opportunities to correlate in the process of role development and the creation of identity and behavior according to specific norms and establish specific responses due to negative social sanctions especially in the formulation of deviance. Reflecting on the article, it can be seen that the process of labeling remains to be an important component shaping perceptions among individuals concerning deviant behavior. It carries along the principle of facilitating norms and maintenance of status quo especially within different social institutions. Due to this, it both serves as deterrence for those who try to engage in such actions and hampers the relationship among peers. Such action then ensures the validity of ensuring stability among individuals and the manner they act and react to their specific environments. Similarly, the idea then of social controls provided towards deviant behavior remains to be innate in social norms. Analyzing these realities, it can be surmised that it functions towards establishing better means for people to act. By setting up these rules and standards, the manner of relationships and functions among people becomes effective and viable. Overall, the usefulness of this article revolves around its capacity to effectively understand the relationships surrounding deviance, social control, and social sanctions. It also tries to support the tenets of deviance theory by providing specific principles shaping and supplementing both its development and application of control. Such actions then increase the likelihood of establishing concrete definition and analysis. Lastly, this direction then opens up the capacity to understand the process of deviant behavior in the lens of sociology; as it tries to understand how it creates specific roles, develops relationship, and maintenance of control.