Elements of a Contract
Suppose that the Fabulous Hotel hires you as head chef under a two-year employment contract. After two years, another hotel wants to hire you. However, in the original employment contract you signed with the Fabulous Hotel, the following paragraph appears:
“The below-signed agrees not to work as a chef for another hotel in the same metropolitan area for a period of two years after leaving our employ.”
· Describe and analyze the five elements of a contract that must exist for this agreement to be enforceable.
· Explain why this contract is governed by common law or the Uniform Commercial Code (UCC).
· Examine at least two circumstances in which this non-compete agreement would be unenforceable.
Submit a four- to five-page paper (not including title and reference pages). Your paper must be formatted according to APA style as outlined in the approved APA style guide and must cite three scholarly sources in addition to the textbook
Annotated Bibliography: Literature Review
All Scholarly
Feagin, Joe, and Zinobia Bennefield. "Systemic Racism And U.S. Health Care." Social Science & Medicine 103.(2014): 7-14. Academic Search Complete.Web. 27 Sept. 2015.
"Systemic Racism and the U.S. Health Care," is a rather expansive article. In this scholarly article, Bennefield, a Texas A&M sociology professor, examines the racism in our health care system. Her article looks at what injustices there are in the treatment and care of African Americans in contrast to Caucasians, and the rationalization of said treatment by our white system. This article will provide examples of the racism there is in the health care system for me, and possible reasons for it, and what led to today's current healthcare situation.
Hambleton, Ian R., et al. "Cause-Of-Death Disparities In The African Diaspora: Exploring Differences Among Shared-Heritage Populations." American Journal Of Public Health 105.(2015): S491. MasterFILE Premier.Web. 27 Sept. 2015.
In Hambleton's scholarly article, "Cause-Of-Death Disparities In The African Diaspora: Exploring Differences Among Shared-Heritage Populations," mortality rates caused by six disease groups are researched. In this study they explored changes in life expectancy rates among African American and African Caribbean Americans, and compared them with other populations as well. This study showed a greater increase in life expectancy in African Americans than African Caribbean Americans. However, this did show a increase in life expectancy in both, although they are still a lot worse expectancies than white Americans. I can maybe use this to argue that there is an improvement going on in America.
Harris, Ricci, et al. "Self-Reported Experience Of Racial Discrimination And Health Care Use In New Zealand: Results From The 2006/07 New Zealand Health Survey." American Journal Of Public Health 102.5 (2012): 1012. MasterFILE Premier.Web. 27 Sept. 2015
The article "Self-Reported Experiences of Racial Discr ...
Elements of a ContractSuppose that the Fabulous Hotel hires yo.docx
1. Elements of a Contract
Suppose that the Fabulous Hotel hires you as head chef under a
two-year employment contract. After two years, another hotel
wants to hire you. However, in the original employment
contract you signed with the Fabulous Hotel, the following
paragraph appears:
“The below-signed agrees not to work as a chef for another
hotel in the same metropolitan area for a period of two years
after leaving our employ.”
· Describe and analyze the five elements of a contract that must
exist for this agreement to be enforceable.
· Explain why this contract is governed by common law or the
Uniform Commercial Code (UCC).
· Examine at least two circumstances in which this non-compete
agreement would be unenforceable.
Submit a four- to five-page paper (not including title and
reference pages). Your paper must be formatted according to
APA style as outlined in the approved APA style guide and
must cite three scholarly sources in addition to the textbook
Annotated Bibliography: Literature Review
All Scholarly
Feagin, Joe, and Zinobia Bennefield. "Systemic Racism And
U.S. Health Care." Social Science & Medicine 103.(2014): 7-
14. Academic Search Complete.Web. 27 Sept. 2015.
"Systemic Racism and the U.S. Health Care," is a rather
expansive article. In this scholarly article, Bennefield, a Texas
A&M sociology professor, examines the racism in our health
care system. Her article looks at what injustices there are in the
2. treatment and care of African Americans in contrast to
Caucasians, and the rationalization of said treatment by our
white system. This article will provide examples of the racism
there is in the health care system for me, and possible reasons
for it, and what led to today's current healthcare situation.
Hambleton, Ian R., et al. "Cause-Of-Death Disparities In The
African Diaspora: Exploring Differences Among Shared-
Heritage Populations." American Journal Of Public
Health 105.(2015): S491. MasterFILE Premier.Web. 27 Sept.
2015.
In Hambleton's scholarly article, "Cause-Of-Death
Disparities In The African Diaspora: Exploring Differences
Among Shared-Heritage Populations," mortality rates caused by
six disease groups are researched. In this study they explored
changes in life expectancy rates among African American and
African Caribbean Americans, and compared them with other
populations as well. This study showed a greater increase in life
expectancy in African Americans than African Caribbean
Americans. However, this did show a increase in life
expectancy in both, although they are still a lot worse
expectancies than white Americans. I can maybe use this to
argue that there is an improvement going on in America.
Harris, Ricci, et al. "Self-Reported Experience Of Racial
Discrimination And Health Care Use In New Zealand: Results
From The 2006/07 New Zealand Health Survey." American
Journal Of Public Health 102.5 (2012): 1012. MasterFILE
Premier.Web. 27 Sept. 2015
The article "Self-Reported Experiences of Racial
Discrimination and Health Care Use in New Zealand: Results
from the 2006/07 New Zealand Health Survey," explores the
racism problem in New Zealand's health care system. Harris, a
public health physician who specializes in racial inequalities,
writes on patient self reported racial discrimination. She then
questions whether this racism leads to poorer health. I feel this
article could be used to support that racism is a problem in the
health care industry. Also by pointing out that there is this
3. problem in New Zealand according to the survey in this article
it may seem more plausible that there could also be a problem
here in the United States.
Lang, Martha E., and Chloe E. Bird. "Understanding And
Addressing The Common Roots Of Racial Health Disparities:
The Case Of Cardiovascular Disease &Hiv/Aids In African
Americans." Health Matrix: Journal Of Law-
Medicine 25.(2015): 109. MasterFILE Premier.Web. 27 Sept.
2015.
In Martha E. Langs article, "Understanding and Addressing
the Common Roots of Racial Health Disparities: The case of
Cardiovascular disease and HIV,AIDS in African Americans,"
the roots of the health care system are discussed, with emphasis
on the history of increases of cardiovascular disease and HIV in
African Americans. In the scholarly article the different
disparities leading to this statistic are discussed. Once their role
in contributing is explained, this article then provides possible
steps that could be taken to rectify this problem in the United
States. This could come in handy when arguing that African
Americans may be segregated against due to increased numbers
suffering from these severe diseases. Or, maybe even somehow
argue that the increased number of those infected is in part the
result of racism in America.
Paradies, Yin, Mandy Truong, and Naomi Priest. "A Systematic
Review Of The Extent And Measurement Of Healthcare
Provider Racism." JGIM: Journal Of General Internal
Medicine 29.2 (2014): 364-387. Academic Search
Complete.Web. 27 Sept. 2015.
In this scholarly article, written partially by Paradies, a
research fellow at the Centre for Citizenship and Globalization,
racisms effects on healthcare are looked at in the interpersonal
form, rather than systematical racism like many other articles.
This article looks at how health insurance providers may be
providing unfair services. It also looks at whether these
inequalities are intentional. Although the authors never come to
4. a conclusion due difficulty in finding a way to measure
interpersonal racism of healthcare providers, it may still provide
some grounds for an argument that there is injustice there. By
pointing out that some of the causes of racism are not
systematic, I may be able to show why this is such a hard
problem to fix in America.
Phelan, Jo C., and Bruce G. Link. "Is Racism A Fundamental
Cause Of Inequalities In Health?." Annual Review Of
Sociology 41.1 (2015): 311-330. Academic Search
Complete.Web. 27 Sept. 2015.
In this co-authored article, the reasons for inequalities in
health are examined. Primarily, this article looks at whether
race, or social economic status play a larger role in how people
are treated by health providers. This article could be helpful in
pointing out that race is not the only factor that leads to
mistreatment, as well as further defining what mistreatment is
in question. Since this article concludes that there is a problem,
but social economic status plays a larger role in inequalities, it
may be useful in opposing the argument that racism is the
biggest contributor, and help to point out that being a minority
and being of low social economic status correlate.
Roberts, Wallace. "Death Of A Nursing Home." Crisis
(15591573) 121.4 (2014): 24. MasterFILE Premier.Web. 27
Sept. 2015.
Roberts article "Death of a Nursing Home," is a scholarly
source, outlining the potential racism in the Medicaid policy,
inadvertently leading to nursing home closings. These closing,
are primarily in poor neighborhoods where there are
predominantly minorities present. Prior to their closings, many
of these poor nursing homes where providing poor care for their
patients. In one case an African American woman died after
only twenty days in a nursing home in Pittsburg. While there
she never once received her medications. I believe this
information could be very helpful in arguing that there is racism
in the health industry, if that is how I choose to argue this
essay. Also, this source provides a good exact account of
5. someone who died as a result of this racism, and it provides a
lot of history on roots of our health care system as a whole.
Satel, Sally, and Jonathan Klick. "The Problem of Racism in the
Health Care System Is Exaggerated." Race Relations.Ed. James
D. Torr. San Diego: Greenhaven Press, 2005. Opposing
Viewpoints. Rpt. from "Don't Despair over Disparities." Weekly
Standard 9 (1 Mar. 2004). Opposing Viewpoints in
Context.Web. 27 Sept. 2015.
In this opposing viewpoints style article, the topic of health
care disparities for minorities is looked at. One topic they look
at is how the severity of the problem was downplayed in a
summary of the 2003 HHS report. This decision could support
that there are inequalities in the system that politicians do not
want to bring awareness to. This article also touches on the
actual reasons why doctors may make race based decision or
decisions based on factors that correlate with race. Finally it
talks about the quality of doctors in low income areas and
schooling provided for minority doctors and how these two
things effect quality of minority health care. I can use this
information to argue that there is obviously a problem if
politicians are worried enough to try and hide it. Also this
article can be used to provide reasons for racism in healthcare
and provide ways to improve health care for minorities such as
increased opportunity for minority medical students who are
more likely to become doctors in minority neighborhoods.
Shariff-Marco, Salma, Ann C. Klassen, and Janice V. Bowie.
"Racial/Ethnic Differences In Self-Reported Racism And Its
Association With Cancer-Related Health Behaviors." American
Journal Of Public Health 100.2 (2010): 364.MasterFILE
Premier. Web. 27 Sept. 2015.
This article, once again like many of the others, looks at
surveys on self reported racism. However, this article looks less
at whether the healthcare system is racist, and rather these
authors look at how racism contributes to future health
problems including smoking, alcoholism, and even cancer. This
article can be used to explain how racism creates a stressor
6. which often leads to health complications in minorities. Also, it
can be used in part to show how health is often worse in the
minority population in the United States in general by providing
statistics which show this.
Smedley, Brian D., and Hector F. Myers. "Conceptual And
Methodological Challenges For Health Disparities Research
And Their Policy Implications." Journal Of Social Issues 70.2
(2014): 382-391. Academic Search Complete.Web. 27 Sept.
2015.
In Smedley's article "Conceptual And Methodological
Challenges For Health Disparities Research And Their Policy
Implications," the ways in which racism affect our health
system are discussed with emphasis on how our system allows a
lower level of care for African Americans and minorities than
white Americans. In this article, Smedley, the co-founder of the
National Collaborative for Health Equity, a activist group
looking to improve health opportunities for those of color, uses
a multitude of other peoples scholarly research, in an attempt to
connect the dots in respect to how racism affects the health of
minorities. After defining some of the problems, Smedley then
suggest policy changes and a alternative way to setting up
healthcare which would ratify to some extent the problem with
the system. I could use this article to provide many examples of
ways in which Africa Americans are hurt by the health care
system. Also I may be able to borrow some of his possible
solutions to the crisis.