The document provides background information on a new business called Viral Clean being started by four individuals - Connor, Denise, Larisa, and Sam. They have hired The Largo Group consulting firm to help guide them through the startup process. Each potential owner has different interests and concerns. Connor wants to limit his liability and take money out as profits are earned. Denise wants a 25% interest but to minimize additional investments. They will clean and sanitize buildings to prevent virus spread and distribute cleaning products.
Incoming and Outgoing Shipments in 1 STEP Using Odoo 17
How to Support Arguments & PositionsSupporting positions and concl
1. How to Support Arguments & Positions
Supporting positions and conclusions
Introduction
Many papers that you write in college will require you to take a
position or make a conclusion. You must take a position on the
subject you are discussing and support that position with
supporting evidence. It’s important that you use the right kind
of support, that you use it effectively, and that you have an
appropriate amount of it.
If your professor has told you that you need more analysis,
suggested that you’re “just listing” points or giving a “laundry
list,” or asked you how certain points are related to your
argument, it may mean that you can do more to fully incorporate
your supporting evidence into your argument. Grading feedback
comments like “for example?,” “proof?,” “go deeper,” or
“expand” suggest that you may need more evidence.
What are primary and secondary sources?
Distinguish between primary and secondary sources of evidence
(in this case, “primary” means “first” or “original,” not “most
important”). Primary sources include original documents,
photographs, interviews, and so forth. Secondary sources
present information that has already been processed or
interpreted by someone else.
For example, if you are writing a paper about the movie “The
Matrix,” the movie itself, an interview with the director, and
production photos could serve as primary sources of evidence.
A movie review from a magazine or a collection of essays about
the film would be secondary sources. Depending on the context,
the same item could be either a primary or a secondary source:
if I am writing about people’s relationships with animals, a
collection of stories about animals might be a secondary source;
if I am writing about how editors gather diverse stories into
collections, the same book might now function as a primary
source.
Where can I find evidence?
2. The best source for supporting evidence is the assigned
resources for each week in the classroom. Do not use outside
resources unless instructed to do so by your professor.
Other outside sources of information and tips about how to use
them in gathering supporting evidence are listed below.
Print and electronic sources
Books, journals, websites, newspapers, magazines, and
documentary films are some of the most common sources of
evidence for academic writing.
Interviews
An interview is a good way to collect information that you can’t
find through any other type of research and can provide an
expert’s opinion, biographical or first-hand experiences, and
suggestions for further research. Consult with your professor
before conducting interviews or using interviews in support of
positions.
Personal or professional experience
Using your own personal or professional experiences can be a
powerful way to appeal to your readers. You should, however,
use these experiences only when it is appropriate to your topic,
your writing goals, and your audience. Personal or professional
experience should not be the only forms of supporting evidence
in a paper.
Using evidence in an argument
Does evidence speak for itself?
Absolutely not. After you introduce supporting evidence into
your writing, you must explain why and how this evidence
supports your position. You have to explain the significance of
the supporting evidence and its function in your paper. What
turns a fact or piece of information into supporting evidence is
the connection it has with a larger claim or argument: evidence
is always evidence for or against something, and you have to
make that link clear.
As writers, we sometimes assume that our readers already know
what we are talking about; we may be wary of elaborating too
much because we think the point is obvious. But readers can’t
3. read our minds: although they may be familiar with many of the
ideas we are discussing, they don’t know what we are trying to
do with those ideas unless we indicate it through explanations,
organization, transitions, and so forth. Try to spell out the
connections that you were making in your mind when you chose
your evidence, decided where to place it in your paper, and
drew conclusions based on it. Remember, you can always cut
prose from your paper later if you decide that you are stating
the obvious.
Always write as if the reader knows absolutely nothing about
the topic.
Here are some questions you can ask yourself about a specific
bit of supporting evidence:
· OK, I’ve just stated this point, but so what? Why is it
interesting? Why should anyone care?
· What does this information imply?
· What are the consequences of thinking this way or looking at a
problem this way?
· I’ve just described what something is like or how I see it, but
why is it like that?
· I’ve just said that something happens—so how does it happen?
How does it come to be the way it is?
· Why is this information important? Why does it matter?
· How is this idea related to my thesis? What connections exist
between them? Does it support my thesis? If so, how does it do
that?
· Can I give an example to illustrate this point?
Answering these questions may help you explain how your
evidence is related to your overall argument.
How can I incorporate evidence into my paper?
There are many ways to present supporting evidence. Often,
your evidence will be included as text in the body of your
paper, as a paraphrase, or summary. Sometimes you might
include graphs, charts, or tables; excerpts from an interview; or
photographs or illustrations with accompanying captions.
Quotations
4. DO NOT USE quotations in assignments in this course. The
only exception is if you are referring to an original, one-of-kind
document, such as the U.S. Constitution.
Paraphrasing
When you paraphrase, you take a specific section of a text and
put it into your own words. Putting it into your own words
doesn’t mean just changing or rearranging a few of the author’s
words: to paraphrase well and avoid plagiarism, try setting your
source aside and restating the sentence or paragraph you have
just read, as though you were describing it to another person.
Paraphrasing is different than summary because a paraphrase
focuses on a specific, brief bit of text (like a phrase, sentence,
or paragraph). You’ll need to indicate when you are
paraphrasing someone else’s text by citing your source
correctly, just as you would with a quotation. Refer to the
module in Content, “How to Use APA” for instructions and
examples for proper APA citation.
When might you want to paraphrase?
· Paraphrase when you want to introduce a writer’s position.
· Paraphrase when you are supporting a specific point and need
to draw on a certain place in a text that supports your position—
for example, when one paragraph in a source is especially
relevant.
· Paraphrase when you want to present a writer’s view on a
topic that differs from your position or that of another writer;
you can then refute writer’s specific points in your own words
after you paraphrase.
· Paraphrase when you want to comment on a particular example
that another writer uses.
· Paraphrase when you need to present information that’s
unlikely to be questioned.
Summary
When you summarize, you are offering an overview of an entire
text, or at least a lengthy section of a text. Summary is useful
when you are providing background information, grounding
your own argument, or mentioning a source as a
5. counterargument. A summary is less nuanced than paraphrased
material. It can be the most efficient and effective way to
incorporate several sources. When you are summarizing
someone else’s argument or ideas, be sure this is clear to the
reader and cite your source appropriately.
Statistics, data, charts, graphs, photographs, illustrations
Sometimes the best evidence for your argument is hard facts or
visual representation of a fact. This type of evidence can be a
solid backbone for your argument, but you still need to create
context for your reader and draw the connections you want him
or her to make. Remember that statistics, data, charts, graph,
photographs, and illustrations are all open to interpretation.
Guide the reader through the interpretation process. Again,
always, cite the origin of your evidence if you didn’t produce
the material you are using yourself. Do not overuse this type of
supporting evidence.
Do I need more supporting evidence?
Let’s say that you’ve identified some appropriate sources, found
some evidence, explained to the reader how it fits into your
overall argument, incorporated it into your draft effectively, and
cited your sources. How do you tell whether you’ve got enough
evidence and whether it’s working well in the service of a
strong argument or analysis? Here are some techniques you can
use to review your draft and assess your use of evidence.
Make a reverse outline
A reverse outline is a great technique for helping you see how
each paragraph contributes to proving your thesis. When you
make a reverse outline, you record the main ideas in each
paragraph in a shorter (outline-like) form so that you can see at
a glance what is in your paper. The reverse outline is helpful in
at least three ways. First, it lets you see where you have dealt
with too many topics in one paragraph (in general, you should
have one main idea per paragraph). Second, the reverse outline
can help you see where you need more evidence to prove your
point or more analysis of that evidence. Third, the reverse
outline can help you write your topic sentences: once you have
6. decided what you want each paragraph to be about, you can
write topic sentences that explain the topics of the paragraphs
and state the relationship of each topic to the overall thesis of
the paper.
Play devil’s advocate or doubt everything
This technique may be easiest to use with a partner. Ask your
friend to take on one of the roles above, then read your paper
aloud to him/her. After each section, pause and let your friend
interrogate you. If your friend is playing devil’s advocate, he or
she will always take the opposing viewpoint and force you to
keep defending yourself. If your friend is a doubter, he or she
won’t believe anything you say. Justifying your position
verbally or explaining yourself will force you to strengthen the
evidence in your paper. If you already have enough evidence
but haven’t connected it clearly enough to your main argument,
explaining to your friend how the evidence is relevant or what it
proves may help you to do so.
BMGT 380: Introduction to Business Law
This course is designed to enhance your understanding of
various legal principles and issues that affect business practices
and decisions and their application in business environments.
The focus of the course is to identify and examine legal risks
and liabilities in operating a business and explore how to
minimize and resolve problems associated with risks and
liabilities.
The BMGT 380 course comprises five (5) legal themes,
including an overview of the legal system, business
organizational structures, torts, product liability, contracts, and
agency law.
_____________________________________________________
____________________
The BMGT 380 course focuses on the story of a company, The
Largo Group (TLG), a business consulting and research
company based in Maryland that advises and conducts research
7. for potential owners considering startup businesses and for
owners operating new companies. You and your classmates will
be active participants throughout the story, acting as consultant-
employees of TLG assigned to complete consulting-related
and/or research assignments and projects for TLG clients.
Your TLG assignments begin with an overview of the legal
system, important background for business owners. Other TLG
assignments will concentrate on four (4) categories of business
law principles that present significant risks and liabilities for
startup businesses:
(1) tort law, including negligence, premises liability, and
product liability,
(2) contract law, including the Uniform Commercial Code sales
and e-contracts,
(3) agency law, and
(4) business organizational structures, sometimes called
business forms.
Starting a new business requires extensive preparation, market
research, and examination of the legal environment of business.
The success of startups and new companies requires identifying
the nature and scope of legal risks and liabilities that affect
business practices and decisions. Exploring ways to prevent,
minimize, and resolve risks and liabilities is also essential in
forming and operating a business.
The primary focus for the 380 course and assignments for TLG
clients will center on the question:
How can a business owner identify and minimize legal risks and
liabilities associated with operating a business?
_____________________________________________________
_______
Background: The Largo Group (TLG)
After graduating with a B.S. in Management, you have been
working for TLG for three years as an assistant consultant for
Winnie James and Ralph Anders, senior consultants who serve
clients in various industries. Your work involves interviewing
and meeting with clients, conducting research, writing office
8. memoranda, making recommendations for clients, meeting with
Winnie, Ralph, and with attorney-consultants, and coordinating
and/or leading discussions for TLG's in-house professional
development seminars for its consultants.
Background: The Formation of Viral Clean
Connor, Denise, Larisa, and Sam are all successful business
owners who are friends or professional acquaintances in the
business community. Connor is a Marine veteran that operates
his own small company. Denise has been the Vice-President
and Director of Marketing for a Mid-Atlantic-based carpet
cleaning company with franchises on the East Coast. Larisa
owns a mid-sized, successful residential remodeling business.
Sam owns a residential cleaning service business.
The four recently attended a Chamber of Commerce
presentation about businesses that clean and sanitize buildings
to prevent the spread of the COVD-19 virus. This spurred their
interest, and they went to dinner following the Chamber event
to discuss possible business opportunities.
After several meetings, they decided to start a business
together. The business would focus on using the latest
technology to clean and sanitize commercial and residential
structures against dangerous viruses. They also decided that the
business would be a retail and wholesale distributor for cleaning
and antiviral solutions and personal protective equipment. They
agreed to pursue the possibility of launching a Maryland-based
business that they would like to name Viral Clean ("Clean").
They are committed to operating the new business as an
environmentally responsible company using only chemical-free
cleaning products in the new business.
The four met several times with a business consultant to analyze
market trends and demands in the cleaning industry and confirm
whether Clean would likely be a viable business. Because of the
COVID-19 pandemic, the market analysis showed an increased
demand and need for this type of business. Consequently, the
group decided to move forward with their idea to establish and
market Clean.
9. The group plans to purchase PPE and cleaning supplies from
Environmental Pro, Inc. (EPI), a mid-sized manufacturer
incorporated in a nearby state, that produces chemical-free,
environmentally-friendly cleaning products. The four are
familiar with the corporation as each has purchased EPI
products for their respective current businesses. The four
friends intend to resell certain EPI products directly to Clean
clients. The Clean group plans to market and advertise its
services and resell EPI products through print, television, radio,
internet, and social media.
Clean will be headquartered in a local shopping center. Clean
headquarters will include private business management offices,
a reception area, and conference meeting and planning space.
Potential and existing customers will be invited to discuss
proposals to purchase cleaning products and services. The
business space will also be open to the public to acqui re PPE,
collect information, inquire about cleaning and sanitizing
services, examine cleaning supply displays, and view photos
and exhibits from ongoing and past commercial jobs.
The potential Cleaner owners recently attended a startup
business seminar sponsored by the local chapter of the Small
Business Administration. Following the seminar, the owners
began to define the nature and scope of the work necessary to
prepare a plan for the startup business. They realize this
process requires time, thoughtful analysis, and clear guidelines.
They also recognize the need for professional business
consultants, such as TLG, to guide their startup for Clean.
Consequently, the four have hired TLG to advise and guide
them through the startup process for Clean.
Clean Owner Profiles:
Connor:
Connor is a veteran of the United States Marine Corps.
Although he retired from the military, he operates his own
business.
He wants an initial 30%-40% interest in Clean but wants to
limit his future capital commitment until he is confident the
10. business is operating smoothly and profitably. He does,
however, want the option to acquire others' interests if they die
or leave the company for any reason. He also wants to take out
money from the business, in the form of salary, benefits,
expenses, and/ dividends, as appropriate, as soon as Clean has a
healthy net profit margin.
Connor is most concerned about liability. Although he trusts the
other owners as "straight shooters" and successful business
persons, he is uneasy about working with a group of investors
with whom he has no previous business connections. He wants
to limit his liability in the business to no more than his capital
contribution, and he prefers complete protection. If possible, he
wants Key Man Insurance for the owners to have protection if
one owner can no longer contribute to the business for any
reason.
Connor wants a managerial position so he can make decisions
for day-to-day operations. He believes he is the best person to
run the business as he currently owns a maid service and
understands how to run a successful cleaning service business.
Denise:
Denise is a first-generation college graduate of Spelman
College. Denise’s parents raised her in Baltimore, MD.
However, both of her maternal grandparents were leaders in the
Civil Rights Movement in Georgia in the 1960s.
Although Denise will be a Clean business owner, she plans to
retain her V.P. position with the carpet cleaning company.
Denise wants a 25% interest and prefers to minimize additional
investments to protect her cash assets needed for her other
businesses. Her main goal is to realize a return on her
investment as quickly as possible.
Denise wants to minimize her personal liability and protect her
interests in the event of bankruptcy or the death of any of the
other owners.
Denise wants to participate in long-term business decisions and
major decisions about spending and organizational
commitments. Still, she does not want to be involved in day-to-
11. day business activities. She favors hiring a general manager to
run the business, preferably one with commercial cleaning
experience.
Larisa:
Larisa has an MBA from the Wharton Business School at the
University of Pennsylvania. Her family immigrated from
Mexico in the 1980s. Before leaving Mexico, Larisa’s parents
owned a cleaning business in Mexico City.
Larisa initially wants to invest up to 40% and is willing to
invest another 5% because she knows startup businesses often
need more capital. She favors a larger, rather than a smaller,
stake in the company. She wants to take out as much money as
possible from the business as soon as financially possible.
Larisa wants to minimize personal liability, as well as liability
for the business. She realizes the future of the industry is
uncertain, and she wants maximum protection against all
pitfalls.
Larisa wants to use her MBA. Larisa, therefore, is willing to be
involved in day-to-day business operations and has the time to
do so because her other business is running smoothly with
competent managers. She wants to play a vital role in
establishing the structure, business environment, and culture for
Clean along with the other owners. However, she believes that
a skilled general manager with commercial cleaning experience
would be optimal.
Sam:
Sam is a recent graduate of Montgomery Community College.
In college, he majored in Operations Management and Business
Analytics.
Sam is willing to commit to an investment of 51% interest in
Clean but is agreeable to a lesser interest.
Sam wants to minimize his personal liability and prefers to limit
it to his capital investment but is willing to negotiate.
With a maximum interest of 51%, Sam wants complete control
over business operations; even with a lesser interest, he wants a
strong managerial position. Sam wants all owners with a
12. minority interest to be silent in the day-to-day management of
Clean.
Writing Concluding Paragraphs
Writing Conclusions
Introductions and conclusions can be difficult to write, but
they’re worth investing time in. They can have a
significant influence on a reader’s experience of your paper.
Just as your introduction acts as a bridge that transports your
readers from their own lives into the “place” of your analysis,
your conclusion can provide a bridge to help your readers make
the transition back to their daily lives. Such a conclusion will
help them see why all your analysis and information should
matter to them after they put the paper down.
The conclusion allows you to have the final say on the issues
you have raised in your paper, to synthesize your thoughts, to
demonstrate the importance of your ideas, and to propel your
reader to a new view of the subject. It is also your opportunity
to make a good final impression and to end on a positive note.
Your conclusion can go beyond the confines of the assignment.
The conclusion pushes beyond the boundaries of the prompt and
allows you to consider broader issues, make new connections,
and elaborate on the significance of your findings.
Your conclusion should make your readers glad they read your
paper. Your conclusion gives your reader something to take
away that will help them see things differently or appreciate
your topic in personally relevant ways. It can suggest broader
implications that will not only interest your reader, but also
enrich your reader’s life in some way. It is your gift to the
reader.
Strategies for writing an effective conclusion
One or more of the following strategies may help you write an
effective conclusion:
· Play the “So What” Game. If you’re stuck and feel like your
conclusion isn’t saying anything new or interesting, read each
statement from your conclusion, and ask, “So what?” or “Why
13. should anybody care?” Then ponder that question and answer it.
Here’s how it might go: You ask: Basically, I’m just saying that
education was important to Douglass. So what? Your
answer: Well, it was important because it was a key to him
feeling like a free and equal citizen. You ask: Why should
anybody care? Your answer: That’s important because
plantation owners tried to keep slaves from being educated so
that they could maintain control. When Douglass obtained an
education, he undermined that control personally.
Return to the theme or themes in the introduction. This strategy
brings the reader full circle. For example, if you begin by
describing a scenario, you can end with the same scenario as
proof that your essay is helpful in creating a new understanding.
You may also refer to the introductory paragraph by using key
words or parallel concepts and images that you also used in the
introduction.
· Synthesize, don’t summarize. Include a brief summary of the
paper’s main points, but don’t simply repeat things that were in
your paper. Instead, show your reader how the points you made
and the support and examples you used fit together. Pull it all
together.
· Include a provocative insight or quotation from the research or
reading you did for your paper.
· Propose a course of action, a solution to an issue, or questions
for further study. This can redirect your reader’s thought
process and help her to apply your info and ideas to her own life
or to see the broader implications.
· Point to broader implications. For example, if your paper
examines the Greensboro sit-ins or another event in the Civil
Rights Movement, you could point out its impact on the Civil
Rights Movement as a whole. A paper about the style of writer
Virginia Woolf could point to her influence on other writers or
on later feminists.
Strategies to avoid
· Beginning with an unnecessary, overused phrase such as “in
conclusion,” “in summary,” or “in closing.” Although these
14. phrases can work in speeches, they come across as wooden and
trite in writing.
· Stating the thesis for the very first time in the conclusion.
· Introducing a new idea or subtopic in your conclusion.
· Ending with a rephrased thesis statement without any
substantive changes.
· Making sentimental, emotional appeals that are out of
character with the rest of an analytical paper.
· Including evidence (quotations, statistics, etc.) that should be
in the body of the paper.
Four kinds of ineffective conclusions
· The “That’s My Story and I’m Sticking to It” Conclusion. This
conclusion just restates the thesis and is usually painfully short.
It does not push the ideas forward. Example: In conclusion,
Frederick Douglass was, as we have seen, a pioneer in American
education, proving that education was a major force for social
change with regard to slavery.
· The “Sherlock Holmes” Conclusion. Sometimes writers will
state the thesis for the very first time in the conclusion. You
might be tempted to use this strategy if you don’t want to give
everything away too early in your paper. You may think it
would be more dramatic to keep the reader in the dark until the
end and then “wow” him with your main idea, as in a Sherlock
Holmes mystery. The reader, however, does not expect a
mystery, but an analytical discussion of your topic in an
academic style, with the main argument (thesis) stated up front.
Example: (After a paper that lists numerous incidents from the
book but never says what these incidents reveal about Douglass
and his views on education): So, as the evidence above
demonstrates, Douglass saw education as a way to undermine
the slaveholders’ power and also an important step toward
freedom.
· The “America the Beautiful”/”I Am Woman”/”We Shall
Overcome” Conclusion. This kind of conclusion usually draws
on emotion to make its appeal, but while this emotion and even
sentimentality may be very heartfelt, it is usually out of
15. character with the rest of an analytical paper. A more
sophisticated commentary, rather than emotional praise, would
be a more fitting tribute to the topic. Example: Because of the
efforts of fine Americans like Frederick Douglass, countless
others have seen the shining beacon of light that is education.
His example was a torch that lit the way for others. Frederick
Douglass was truly an American hero.
· The “Grab Bag” Conclusion. This kind of conclusion includes
extra information that the writer found or thought of but
couldn’t integrate into the main paper. You may find it hard to
leave out details that you discovered after hours of research and
thought, but adding random facts and bits of evidence at the end
of an otherwise-well-organized essay can just create confusion.
Example: In addition to being an educational pioneer, Frederick
Douglass provides an interesting case study for masculinity in
the American South. He also offers historians an interesting
glimpse into slave resistance when he confronts Covey, the
overseer. His relationships with female relatives reveal the
importance of family in the slave community.
Writing Introductory Sentences & Paragraphs
Introductions
The role of introductions: introductory paragraphs and
sentences
Introductions and conclusions can be the most difficult parts of
papers to write. Usually when you sit down to respond to an
assignment, you have at least some sense of what you want to
say in the body of your paper. You might have chosen a few
examples you want to use or have an idea that will help you
answer the main question of your assignment; these sections,
therefore, may not be as hard to write. And it’s fine to write
them first! But in your final draft, these middle parts of the
paper can’t just come out of thin air; they need to be introduced
and concluded in a way that makes sense to your reader.
Your introduction and conclusion act as bridges that transport
16. your readers from their own lives into the “place” of your
analysis. If your readers pick up your paper about education in
the autobiography of Frederick Douglass, for example, they
need a transition from contemporary life to temporarily enter
the world of nineteenth-century American slavery. By providing
an introduction that helps your readers make a transition
between their own world and the issues you will be writing
about, you provide readers with the tools they need to get into
your topic and care about what you are saying. Similarly, once
you’ve hooked your readers with the introduction and offered
evidence to prove your thesis, your conclusion can provide a
bridge to help your readers make the transition back to their
daily lives.
Why bother writing a good introduction?
The introduction of a paper will provide your readers with their
initial impressions of your argument, your writing style, and the
overall quality of your work. A concise, engaging, and well-
written introduction will start your readers off thinking highly
of you, your analytical skills, your writing, and your paper.
Your introduction is an important road map for the rest of your
paper and conveys a lot of information to your readers. You let
them know what your topic is, why it is important, and how you
plan to proceed with your discussion. In many academic
disciplines, your introduction should contain a thesis that will
assert your main argument. Your introduction should also give
the reader a sense of the kinds of information you will use to
make that argument and the general organization of the
paragraphs and pages that will follow. After reading your
introduction, your readers should not have any major surprises
in store when they read the main body of your paper.
Ideally, your introduction will make your readers want to read
your paper. The introduction should capture your readers’
interest, making them want to read the rest of your paper.
Strategies for writing an effective introduction
Start by thinking about the question (or questions) you are
trying to answer. Your entire paper will be a response to this
17. question, and your introduction is the first step toward that end.
Your direct answer to the assigned question will be your thesis
or position, and your thesis will likely be included in your
introduction, so it is a good idea to use the question as a
jumping off point. Imagine that you are assigned the following
question:
One strategy for writing an introduction is to start off with a
“big picture“ sentence or two and then focus in on the details of
your position. Decide how general or broad your opening
should be. Keep in mind that even a “big picture” opening needs
to be clearly related to your topic; an opening sentence that said
“Human beings, more than any other creatures on earth, are
capable of learning” would be too broad for our sample
assignment about slavery and education. If you have ever used
Google Maps or similar programs, that experience can provide a
helpful way of thinking about how broad your opening should
be. The question you are asking determines how “broad” your
view should be. When writing, you need to place your ideas in
context—but that context doesn’t generally have to be as big as
the whole galaxy!
Try writing your introduction last. You may think that you must
write your introduction first, but that isn’t necessarily true, and
it isn’t always the most effective way to craft a good
introduction. You may find that you don’t know precisely what
you are going to argue at the beginning of the writing process.
It is perfectly fine to start out thinking that you want to argue a
specific point but wind up arguing something slightly or even
dramatically different by the time you’ve written most of the
paper.
The writing process can be an important way to organize your
ideas, think through complicated issues, refine your thoughts,
and develop a sophisticated argument. However, an introduction
written at the beginning of that discovery process will not
necessarily reflect what you wind up with at the end. You will
need to revise your paper to make sure that the introduction, all
the supporting evidence, and the conclusion reflect position you
18. intend. Sometimes it’s easiest to just write up the supporting
evidence first and then write the introduction last—that way you
can be sure that the introduction will match the body of the
paper.
Don’t be afraid to write a tentative introduction first and then
change it later. Some people find that they need to write a
tentative introduction in order to get the writing process started.
That’s fine, but if you are one of those people, be sure to return
to your initial introduction later and rewrite if necessary.
How to evaluate your introduction draft
Ask a friend to read your introduction and then tell you what he
or she expects the paper will discuss, what kinds of evidence
the paper will use, and what the tone of the paper will be. If
your friend is able to predict the rest of your paper accurately,
you probably have a good introduction.
Five kinds of less effective introductions
1. The placeholder introduction. When you don’t have much to
say on a given topic, it is easy to create this kind of
introduction. Essentially, this kind of weaker introduction
contains several sentences that are vague and don’t really say
much. They exist just to take up the “introduction space” in
your paper.
Example: Slavery was one of the greatest tragedies in American
history. There were many different aspects of slavery. Each
created different kinds of problems for enslaved people.
2. The restated question introduction. Restating the question can
sometimes be an effective strategy, but it can be easy to stop at
JUST restating the question instead of offering a more specific,
interesting introduction to your paper.
Example: The Narrative of the Life of Frederick
Douglass discusses the relationship between education and
slavery in 19th century America, showing how white control of
education reinforced slavery and how Douglass and other
enslaved African Americans viewed education while they
endured. Moreover, the book discusses the role that education
played in the acquisition of freedom. Education was a major
19. force for social change with regard to slavery.
3. The Webster’s Dictionary introduction. This introduction
begins by giving the dictionary definition of one or more of the
words in the assigned question. If it is important to begin with a
definition of a relevant term, it may be far more interesting for
you (and your reader) if you develop your own definition of the
term in the specific context of your class and assignment. You
may also be able to use a definition from one of the sources
you’ve been reading for class. Also recognize that the
dictionary is also not a particularly authoritative work—it
doesn’t take into account the context of your course and doesn’t
offer particularly detailed information.
Example: Webster’s dictionary defines slavery as “the state of
being a slave,” as “the practice of owning slaves,” and as “a
condition of hard work and subjection.”
4. The “dawn of man” introduction. This kind of introduction
generally makes broad, sweeping statements about the relevance
of this topic since the beginning of time, throughout the world,
etc. It is usually very general (similar to the placeholder
introduction) and fails to connect to the thesis. It may employ
cliches—the phrases “the dawn of man” and “throughout human
history” are examples, and it’s hard to imagine a time when
starting with one of these would work.
Example: Since the dawn of man, slavery has been a problem in
human history.
5. The book report introduction. This introduction is what you
had to do for your elementary school book reports. It gives the
name and author of the book you are writing about, tells what
the book is about, and offers other basic facts about the book.
It is ineffective because it offers details that your reader
probably already knows and that are irrelevant to the thesis.
Example: Frederick Douglass wrote his
autobiography, Narrative of the Life of Frederick Douglass, An
American Slave, in the 1840s. It was published in 1986 by
Penguin Books. In it, he tells the story of his life.
Writing an effective introduction can be tough. Try playing
20. around with several different options and choose the one that
ends up sounding best to you!
1. Textbook Chapter 8- Introduction to Contract Law
https://saylordotorg.github.io/text_business-law-and-the-legal-
environment-v1.0-a/s11-introduction-to-contract-law.html
2. Textbook Chapter 9- The Agreement
https://saylordotorg.github.io/text_business-law-and-the-legal-
environment-v1.0-a/s12-the-agreement.html
3. Textbook Chapter 10- Real Assent
https://saylordotorg.github.io/text_business-law-and-the-legal-
environment-v1.0-a/s13-real-assent.html
4. Textbook Chapter 11- Consideration
https://saylordotorg.github.io/text_business-law-and-the-legal-
environment-v1.0-a/s14-consideration.html
5. Textbook Chapter 12- Legality
https://saylordotorg.github.io/text_business-law-and-the-legal-
environment-v1.0-a/s15-legality.html
6. Instructor’s note
CONTRACT LAW: INTRODUCTION
Contract Law is one of the oldest areas of law, along with
Property Law. Contracts are pervasive in society, our everyday
lives, and particularly in business. Most of us engage in
informal contracts on a daily basis, each time we make a
purchase.
Contracts can be oral or written. Both are binding under most
circumstances. There are, however, certain contracts that must
be in writing in order to be valid and enforceable.
Contract Law is clearly established in the common law, and
provides a consistent set of rules and remedies that govern
contract formation, performance and breach of contract. The
rules provide a framework that serves as an incentive to enter
21. contracts, and the available remedies for breach of contract
reduce the risk for parties entering into contracts. This
consistency, and decreased risk is particularly important in
commercial contracts. Without the relative consistency and
availability of remedy for breach of contract, businesses would
have less incentive to enter into contracts.
Contract Law requires a slightly different perspective and
analysis than some other areas of law we have studied, i.e.,
negligence, constitutional law, etc. I hope you will enjoy
studying Contract Law.
OFFERS and AGREEMENT
Semantics and the precise words of offerors and offerees are
very important in contract law.
The concept of mutual assent can sometimes be a rather
nebulous idea.
The first element of contract is finding mutual assent
between the contracting parties. Mutual assent is defined as a
reciprocal agreement based on a meeting of minds of all of the
parties to a contract. The steps leading to mutual assent start
with the offer and acceptance process. These steps can be
broken down into subparts, and a familiarization of those
subparts is essential to the study of contract law.
The offer is broken down into three main subcomponents:
intent, certainty, and communication. There must be clear
intent on the part of the offeror to enter into a contract, the
offer must be clear in its terms, and the offer must be
communicated in some way to the offeree.
Once a good offer is made, the other party is expected to
make a response. The response is dictated in many ways by the
terms of the offer. Under the traditional common law mirror
image rule, the acceptance must reflect in exactly the same
terms as the offer. If any terms are changed, or new terms are
included, it will be considered a rejection of the original offer,
and a counteroffer. A counteroffer is a new offer and the
bargaining begins anew - the original offeror becomes the new
22. offeree, the original offeree becomes the new offeror.
Once there is a good offer, and clear acceptance, the first
element of contract, agreement or mutual assent, is met. There
are many variations on this basic theme as illustrated by the
common law rules on advertising, auctions, and implied
contracts based on the actions of the parties. They all have one
common denominator: Sooner or later some sort of basis for
mutual assent must be found before a court will go forward with
enforcement of the agreement.
Bilateral vs. Unilateral Contracts
Just a point of clarification on bilateral v. unilateral contracts,
as the concepts can be a bit confusing.
Bilateral contract: At the time of contract formation, both
parties make mutual promises to do something. For example:
A promises to pay B $2000 to paint her house beginning in 1
week (or whenever...the time for beginning performance is
irrelevant), and in exchange for A's promise, B promises to
paint A's house. The promises are made NOW, so the contract
is binding and enforceable NOW for both parties, even though
performance will not begin until some time in the future.
Bilateral contracts can be oral or written.
Unilateral contract: An offeror promises to do something in
exchange for an act by the offeree; the offeree can accept the
offer 2 ways: (1)by promising to do the act (thus, the
agreement becomes a bilateral contract at the time the offeree
made the promise to do the act in exchange for A's promise) or,
(2)the offeree can accept merely by beginning to perform the
act without making a oral/written promise, thus, the contract
becomes binding and enforceable on both parties once
performance begins. For example:
A promises to pay B $2000 to paint her house, beginning in 1
week; assume B says, "OK, I will think about it", then B shows
up in 1 week and begins painting the house; at the time the
painting begins, B has accepted A's offer by doing the act and a
unilateral contract is formed. B COULD have accepted A's
offer "on the spot" my saying, "OK, I will paint your house", or
23. B could have thought about A's offer for a few days, then called
A and said, "OK, I will paint your house"; in either case, B was
making a promise in exchange for A's promise, and a bilateral,
not a unilateral, contract would have been formed at the time B
made the promise. Unilateral contracts are formed ONLY when
acceptance is in the form of an act, not in the form of an oral or
written promise.
Whether a contract is bilateral or unilateral actually has little
significance, sort of a "Who cares?" situation. Whether a
contract is bilateral or unilateral is relevant only when there is a
dispute/or some question about whether a binding contract was
formed. Then it is necessary to look at the words/actions of the
offeror and offeree to determine whether a contract was
formed. And that includes looking at the words/promise of the
offeror and then looking at the words/promise or acts of the
offeree.
Semantics and the precise words of offerors and offerees are
very important in contract law.
Implied: - the offer and acceptance or not expressly bargained
for, but are implied by the actions of the parties only, thus, it is
not a bilateral contract
OBJECTIVE THEORY OF CONTRACTS
In all contracts, we apply the objective theory of contract rather
than the subjective theory. Thus, we objectively assess the
actions of the parties, the words of the parties in formation, the
words of any written agreement, etc. The subjective theory
means that we evaluate contract by what we subjectively think
the parties meant in formation, subjectively what we think the
words of any written agreement, or what either or both parties
SAY they meant, subjectively, after the performance.
For example, A says I will pay you $50 to wash and clean my
car, B says, I accept. B washes and cleans the car but A refuses
to pay by SAYING, "I was only joking about my offer."
Applying the objective theory, we see that nothing in what A
said indicates A was joking, thus this is a valid offer. If we
applied the subjective theory, any party could say after
24. performance, "I was joking", "I didn't mean it", etc and this
would be unfair and not ensure any guarantees in contracts, so
there would be no protection for parties and thus no incentive to
enter into contracts.
7. Week 4 Introduction
Nature , Classification, Agreement, Consideration, e-Contracts
Introduction: Contracts are promises between two or more
parties that create legal obligations enforceable by law. The
fundamental elements of a binding contract are (1) assent
(freely given mutual agreement by the parties), (2)
consideration (both parties exchange something that is a benefit
or detriment, and which neither party has a legal duty to
otherwise give), (3) legal capacity (capacity to enter into a
contract and understand its binding obligations and terms), and
(4) legality (subject matter and terms of the agreement refer to a
legal act). Remedies for breach of contract include
compensatory, consequential, and reliance damages, or specific
performance. The purpose of remedies for breach of contract is
not to punish but rather to put the non-breaching party in
essentially the same position as if there had been no breach.
Contract law covers private agreements between individuals,
and sales agreements between businesses, and between
consumers and businesses. Contract law is civil law governed
primarily by state statutory and common law; contracts related
to sales agreements and other business agreements are subject
primarily to the Uniform Commercial Code (UCC), as well as
other state and federal law.
PLEASE READ "essential information about this course" before
proceeding - this is essential.
General Instructions for Learning Activities
Read/watch all assigned materials listed for the week in
Overview above
25. Use only assigned materials to complete Learning Activities;
please do not use the internet unless otherwise instructed
Include in-text citations and a Reference List for in-text
citations in APA format
Write in correct, complete sentences, in paragraph format unless
otherwise instructed
Refer to course materials, cases, and/or statutes to support
conclusions in discussion postings.
· Use in text citations and a References list for Part 1 using
APA format
· Please do not use any direct quotations; summarize/paraphrase
information from all resources as this demonstrates
understanding of the information and its application
Introductory Sentence: Begin with an introductory sentence or
brief paragraph that states your conclusion to the questions
asked (Please read writing introductory sentences)
Concluding Sentence: End the discussion with a concluding
sentence or a brief paragraph that summarizes your
conclusion/what you discussed (Please read writing concluding
sentences)
Support Arguments and Positions: Please refer to the module
in Content, "How to Support Arguments and Positions" (Pl ease
read writing supporting argument)
Support all conclusions in detail, specifically, in depth, and
with reference to relevant assigned course materials using APA
citation format
Label all parts of assignment
Use correct, complete sentences in paragraph format
Submit Learning Activities to Assignment Folder
Review Content modules:
· Writing Introductory Sentences and Paragraphs
· Writing Concluding Paragraphs
· How to Support Arguments and Positions
26. Each Part need its own introduction and conclusion
Part 1
Background: Contracts are essential for business and will be an
integral part of Viral Clean’s ("Clean") operations, so the
owners now want to focus on contract law. Each owner has
experience with contracts in their businesses and appreciates the
probable risks and liabilities associated with contracts. They
also know that contracts should be comprehensive, clear, and
specific to avoid possible disputes with employees and clients.
The Clean owners know that there are various types of contract
agreements relevant to their business. Clean will have
individual contracts with employees, independent contractors,
and other agents representing the company. Also, Clean will
engage in sales contracts with other businesses, consumers, and
clients.
The owners want all contracts to be written to reduce disputes
and risks and liabilities associated with contracts, with specific,
complete, and unambiguous terms. Contracts must define the
rights and responsibilities of the parties. Also, since employees
and independent contractors will be performing cleaning
services on clients' properties, these contracts should require
bonding for all employees.
You, Winnie, and Ralph presented draft contracts for Clean's
employees, including different contracts for cleaners, office
managers, marketing specialists, sales representatives, and IT
employees.
The Clean owners reviewed the drafts and have some questions
about the contracts.
Background Facts You Need to Know: At Winnie's and Ralph's
request, it is your responsibility to research and provide
answers to the Clean owners' questions. As an example, Winnie,
Ralph, the Clean owners, and you have determined that Clean's
contract with its cleaner- employees will include the following
27. terms and conditions:
· specific duties to be performed by cleaner-employee
· salary for cleaner-employee
· work hours
· terms of payment for overtime or holiday work, if any
· sick leave
· vacation leave
· training requirements for cleaner-employee
· length of contract
· bonding for cleaner-employee
· periodic performance evaluation and how it will be conducted
· termination of the contract, i.e., a notice of termination, etc.
Instructions
This is an application-oriented Learning Activity. You will not
find verbatim answers anywhere. Engage in critical thinking
and review all this week's assigned readings in Overview. You
may also need to review previously assigned materials in weeks
2 and 3.
Report You Need to Prepare: To begin developing a contract
between Clean and its cleaning clients, prepare a report that
addresses the following (note that this is for a contract with
Cleans clients and not Clean's employees).
1. Identify five contract terms and conditions - other than price
- that should be included in the Clean contract with its cleaning
clients.
2. Analyze and briefly discuss why each term is essential to
include in a Clean-client cleaning contract.
Tips for Formatting Report: The report should use the following
format
REPORT
TO: Winnie James, Ralph Anders
FROM: (your name)
DATE:
RE: Terms of Contracts With Clients