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Contract Law Regarding Sales Transaction
In contract law concerning sales transaction, a Right to Cover is a remedy that is available to a
buyer under Article 2 of the Uniform Commercial Code (UCC), which governs the sales of goods.
The UCC states a buyer may use a cover as a protection in an action of a breach in a sales contract.
The buyer, in good faith, would purchase substitute goods when the seller violated the contract and
fail to deliver the goods the buyer has asked for. The buyer can recover from the seller the difference
of the cost of cover and contract price with any additional incidental or consequential damages. In
other words, after the seller breaches the contract, the buyer is able to look for reasonable substitute
goods. Then the buyer would have the damages recover from the seller. For example Bob, the buyer
owns a hair salon. Bob orders 15 boxes of shampoos from John, the seller. John runs a hair supply
store. Bob specifically orders the Green Tea scented shampoos. In his order, Bob states that he must
have the shampoos by January 21. Bob pays the full contract price of $30 per box (a total of $450)
to John. However on January 21, John delivers 15 boxes of peppermint–scented shampoos. The
goods are nonconforming because the shampoos are not what Bob has ordered. One option that Bob
has is to cover or purchase reasonable replacement goods. Bob then decides to contact another
supplier; Susan to order the Green Tea scented Shampoos and having it deliver on the same day. But
Susan's hair supply
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Defense Case Study Essay
Sarah
Plantiff and Appellant
V.
ACME, KM, and STE
Facts:
The City of Albany decided to upgrade a fleet of repair trucks in order to respond to pothole fixing.
ACME manufactured a cab and chassis of a truck that was then sold to Keefer Motors. Keefer
Motors sold the truck unchanged to the City of Albany. No discussion by ACME or Keefer Motors
had taken place with the City as to what the city would do with the truck. Susan's Truck Equipment
was contracted by the city to add a dump bed and hoist and the truck was modified and redelivered
to the City of Albany; the truck was accepted and put into immediate use. Sarah and Emma are city
employees and Sarah was injured when Emma backed up the pothole truck over her. Sarah was ...
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ACME's implied warranty of merchantability extends to making a promise that the goods are fit for
the ordinary purposes for which they are sold which is a cab (place that holds the driver) and a
chassis (flat area attached to cab). As a manufacturer, ACME's implied warranty is the cab/chassis
which was fit for the ordinary purposes of being a truck shell, they have no knowledge of how the
unit will be utilized. A back up sensor (unless required by law) does not make the unit unfit for the
ordinary purposes of being a truck.
Keefer Motors is not accountable for breach of warranty of merchantability as they were selling to
the City of Albany a cab/chassis and the statement of facts asserts that no discussion took place with
the city as to the purpose of the use of truck. Again product can still perform and no warranty was
made regarding a back–up alarm.
Breach of implied warranty of fitness by Susan's Truck Equipment has not been proven as no proof
is shown as to what STE might have advised the City of Albany about adding on safety features.
The City of Albany had the duty to its employees to modify the truck with safety capabilities as they
are the entity to know the intended purpose of the modified vehicle for pothole reparations.
Statement of facts claims STE installed a dump bed and hoist as requested by the
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America 's Civil Justice Reform
Introduction On February 27, 1992, Stella Liebeck, aged 79 at the time, bought a coffee from the
drive–thru of a McDonald's in Albuquerque, New Mexico. She spilled the coffee on herself and
received third–degree (full thickness) burns. She sued McDonald's and was originally awarded
almost $3 million in damages. This case is a perfect example of frivolous litigation and is one of the
reasons some Americans think there needs to be civil justice reform.
Facts
Liebeck was riding as a passenger in her grandson's car. After receiving her order, he pulled up and
stopped so Liebeck could put cream and sugar in her coffee. She placed the Styrofoam coffee
between her knees because there was no cup–holder and tried to remove the lid. However, the coffee
spilled onto her and she received third–degree burns on her buttocks, genital, groin, and inner
thighs. She was hospitalized for eight days and had skin grafts and debridement treatments. Liebeck
was also disabled for two years after the accident and permanently scarred. Her daughter took off of
work to help take Stella to and from the hospital. She also lost around twenty percent of her
bodyweight following the incident. Before going to trial, Liebeck offered to settle for $20, 000,
which would cover just her hospital stay and other medical expenses. McDonald's counteroffered
with an amount of $800. Ms. Liebeck then hired an attorney, Reed Morgan, who had requested
$90,000. McDonald's also refused this offer.
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Sales Agreement Contract Law
Sales Agreement THIS SALES AGREEMENT (the "Agreement") dated this 12th day of March
2012 BETWEEN: |Brenda's Widgets, Inc. (BWI) of 123 Main St., Podunk, Iowa | |(the 'Seller ') |
|OF THE FIRST PART | |– AND – | |Jim Doe of 456 First St., Secondville, Michigan | |(the
'Purchaser ') ... Show more content on Helpwriting.net ...
The Seller will not be liable in any way for any delay, non–delivery or default in shipment due to
labor disputes, transportation shortage, delays in receipt of material, priorities, fires, accidents and
other causes beyond the control of the Seller or its suppliers. If the Seller, in its sole judgment, will
be prevented directly or indirectly, on account of any cause beyond its control, from delivering the
Goods at the time specified or within one month after the date of this Agreement, then the Seller
will have the right to terminate this Agreement by notice in writing to the Purchaser, which notice
will be accompanied by full refund of all sums paid by the Purchaser pursuant to this Agreement.
Remedies 14. The Purchaser 's exclusive remedy and the Seller 's limit of liability for any and all
losses or damages resulting from defective goods or from any other cause will be for the purchase
price of the particular delivery with respect to which losses or damages are claimed, plus any
transportation charges actually paid by the Purchaser. Cancellation 15. The Seller reserves the right
to cancel this Agreement: a. if the Purchaser fails to pay for any shipment when due; b. in the event
of the Purchaser 's insolvency or bankruptcy; or c. if the Seller deems that its prospect of payment is
impaired. Notices 16. Any notice to be given or document to be delivered to either the Seller or
Purchaser
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Essay on Acceptable Use Policy
Acceptable Use Policy Purpose. The purpose of this Acceptable Use Policy is to provide guidelines
which will be applied in determining acceptable use of this Web site, and to notify you of the terms
of this service. As a user of this service, you agree to comply with this policy, the stated acceptable
uses and the terms of service. Online Conduct. The intent of this policy is to make clear certain uses,
which are and are not appropriate, not to exhaustively enumerate all such possible uses. ABC Credit
Union will not monitor or judge all the content of information transmitted over this service, but will
investigate complaints of possible inappropriate use. ABC Credit Union may at any time make
determinations that particular uses are ... Show more content on Helpwriting.net ...
Credit Union reserves the right to remove any material deemed inappropriate without notice to you.
ABC Credit Union also reserves the right to disclose any content to law enforcement officials. You
agree not to reproduce content found on this Web site. You also agree not to interfere with the
operations of this site. Intentional interference with Credit Union's Web site or brute force attacks
will be reported to your Internet Service Provider and/or the appropriate law enforcement
authorities. Credit Union makes no guarantees as to the availability of this Web site. Further, it
makes no guarantees that this Web site will meet with your requirements or expectations. Credit
Union reserves the right to alter these terms of service at any time, without notice to you. Remedial
Action. When Credit Union learns of possible inappropriate use it will take immediate remedial
action. In an emergency, in order to prevent further possible inappropriate activity, ABC Credit
Union may report you to your Internet Service Provider and have you temporarily disconnected
from this service, or may report you to the appropriate law enforcement authorities. User
Submissions. All information submitted to Credit Union via this site shall be deemed and remain the
property of ABC Credit Union and Credit Union shall be free to use, for any purpose, any ideas,
concepts, know–how or techniques contained in information you provide to this site. ABC
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Sales Agreement
SALES AGREEMENT
THIS SALES AGREEMENT (the "Agreement") dated this _1st_ day of April 2014 between:
Brenda's Widgets Inc. (BWI) of 123 Main St., Podunk, Iowa 48158
(the 'Seller') –AND–
Jim's Hardware Store (JHS) of 456 First St., Secondville, Michigan 49454
(the 'Purchaser')
IN CONSIDERATION OF THE COVENANTS and agreements contained in this Sales Agreement,
the parties agree as follows:
SALES OF GOODS 1. The Seller will sell, transfer and deliver to the Purchaser on or before May
30, 2014, the following good (the 'Goods'): 10,000 widgets.
Purchase Price
2. $5.00 per widget. The Purchaser will accept the Goods and pay for the goods with the sum of
Fifty Thousand Dollars ($50,000) USD, paid ... Show more content on Helpwriting.net ...
U.C.C. – ARTICLE 2 – SALES (2002) › PART 3. GENERAL OBLIGATION AND
CONSTRUCTION OF CONTRACT › § 2–314. Implied Warranty: Merchantability;
Whereas the seller warranties Goods, including but not limited to, any implied warranty of
merchantability or fitness for a particular purpose. Purchaser does not assume, or authorize any
other person to assume on behalf of Seller, any liability in connection with the sale of Goods.
Seller's warranties do not, in any way, affect the terms of any applicable warranties from the
manufacturer of the Goods.
Title
7. Title of the Goods will remain with the Seller until delivery and actual receipt of the Goods by the
Purchaser or, in the alternative, the Seller delivers a document of title or registrable Bill of Sale of
the Goods, bearing any necessary endorsement, to the Purchaser.
Security Interest
8. The Seller retains a security interest in the Goods until paid in full.
Inspection and Acceptance
9. Inspection of the Goods will be made by the Purchaser at the place of delivery. Purchaser shall
have 15 calendar days from date of delivery to inspect the goods and notify Seller of any defective
goods. In the event the Purchaser is not satisfied with the condition of the goods, the Purchaser shall
notify the Seller in writing within 10 days. Once the Purchaser notifies the Seller about the defective
goods, the Purchaser will return the defective goods via the Purchaser carrier at the expense of the
Seller within
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Conditions And Conditions Of A Contract
Express and Implied Conditions / Warranties: Conditions and warranties may be express or implied.
The one which is explicitly given in the agreement expresses the Conditions and Warranties.
Similarly those which are suggested by law and custom if the agreement is passed then it is Inferred
Conditions and guarantees where It can win an agreement despite of what is expected ,the offer that
unless the gatherings consent Condition as to title: – There are implied condition on the part of the
seller unless the circumstances of the contract shows a different perspective in every contract of sale
that are as follows: At the time of sale the seller has the right to sell the goods And in the case of an
agreement to sell the seller needs to wait till the time when the property is to pass as per the law
Conditions and warranties are those in which two parties agrees for the contract ... Show more
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Relying on the description by the seller the buyer buying the goods without seeing the goods 2.
Even after seeing the goods the buyer don't relies on what he has seen but relies on what was stated
to him and the deviation of the goods from the description is not apparent. 3. The buyer can reject
the goods when the goods do not confirm to be the method of packing described by the
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Specification Of The Model : Garch Essay
SPECIFICATION OF THE MODEL
GARCH (1, 1)
MEAN EQUATION
Sensex Returns = C1 + C2*CR+ e ––––––––– (1.1)
Nifty Fifty Returns = C1 + C2*CR+ e ––––––––– (1.2)
Sensex and Nifty Fifty returns – is the dependent variable and FTSE 100 is the independent variable
VARIANCE EQUATION – THIS IS THE GARCH (1,1) MODEL
Ht =C3 + C4 Ht–1 + C5*e2t–1 + C6*CR –––––––––––––– (1.2)
Here, Ht= variance of the residual (error term) derived from equation 1.1 and 1.2 (current day's
variance or volatility of Index return)
III. DATAANALYSIS
In case of Sensex it was observed that the highest Abnormal Return(AR) recorded in the pre–event
period ranging from the lowest value of –0.012869276 with a t value of –1.57172299 (statistically
not significant)on day –5 to the highest value of 0.01440066 with a t value of 1.75875066
(statistically not significant)on day –6. However, in the post–event period the highest Abnormal
Return (AR) recorded ranging from the lowest value of –0.012429592on day 3with a t value of –
1.518024403(statistically not significant) to the highest value of 0.019001654 on day 12 with a t
value of 2.320669509 (statistically significant). On the event day i.e. Brexit results announcement
day the abnormal return was0.025392241 with a t value of 3.101151087 (statistically significant).
The Sensex results show that in –15 to +15 days event window period, none of the Abnormal Return
(AR) were statistically significant at conventional level of 5% other than day 12 and day 0 the event
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The Service Agreement Is Made Between Client, And Coach
Service Agreement
This service agreement is made between Client xxxxxxxx and Coach Jennifer Gomm as of
xxxxxxxxxxxx.
WHEREAS, Client desires to receive certain consulting services from Coach and Coach desires to
provide such services on the terms and conditions set forth herein.
NOW, THEREFORE, for mutual consideration, the receipt and sufficiency of which is hereby
acknowledged, Client and Coach hereby agree as follows:
Description of Services.
Coach agrees to develop and provide the services set forth in Exhibit A attached hereto (the
"Services")
Delivery of Work.
Coach and Client agree that the Services shall be provided on such dates and at such locations as the
parties hereto in good faith mutually agree to.
Methodology.
In providing the Services, Coach will employ a range of methodologies to suit Client's personal
values and style. Client agrees to be open minded and partake in methods proposed. Client
understands that Coach makes no guarantees as to the outcome of the Services, and Client hereby
acknowledges that Coach is not an employment agent, business manager, or financial analyst.
Credit Card Authorization (If Applicable).
Client acknowledges that Coach, in consideration for the Services, will exchange the credit card
chosen by Client on the dates and for the amounts specified in Exhibit B attached hereto.
Compensation (If applicable)
Client acknowledges that Coach, in consideration for the Services, will charge the credit card
chosen by Client on
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Advantages And Disadvantages Of Density Forecasts
The density forecast of a random variable is an estimation based on the past observed data. This is a
symmetric interval prediction which means that the outcomes will fall into an interval that is a band
of plus/minus a fixed times of standard errors. The estimation provides a probability distribution of
all possible future values of that variable. Over the past decades, the price density forecast has been
widely used to study microeconomic and financial issues. Forecasting the future development of the
economy is of great importance for proper government monetary decisions and individual risk
management. A good macroeconomic density forecast presents a subjective description of
inflationary pressure and other information related to economics. ... Show more content on
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Although the methods they first used have many drawbacks, these analyses still help governments
in understanding the macroeconomic environment and making adjustments to current monetary
policy. The oldest quarterly survey of macroeconomics forecasts in the US is the Survey of
Professional Forecasters (SPF) whose name changed to ASA–NBER survey later (Diebold, Tay and
Wallis,
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Lawsuit for Wrongful Death, Negligence and Breach of Warranty
Facts
The plaintiff Michael Aloe, widower of Robin Aleo, brought a suit individually and on behalf of his
wife's estate in Massachusetts/ U.S. First Circuit, against SLB Toys, Amazon.com Inc., Toys "R" Us,
and Amazon.com Kids, Inc., after his wife dies from injuries sustained when an inflatable pool slide
collapsed while she was sliding down. The decedent was attempting to slide down head first in an
inflatable, in–ground swimming pool slide imported and sold by Toys R Us. The pool slide
collapsed and caused her to strike her head on the concrete deck of the pool. The decedent fractured
two cervical vertebrae and suffered a severed spinal cord. She died the following day after she was
removed from life support.
In 2005, Toys R Us started ... Show more content on Helpwriting.net ...
A consumer should be able to assume that when they follow the instructions properly, a slide pool
should remain inflated when they use it, without causing any unreasonable danger or harm.
Secondly, Aloe can allege for negligence which lead to the wrongful death of his wife because Toys
R Us did not follow the required testing procedures for compliance with Federal Safety Standard. In
addition, Toys R Us are negligent for having only one employee in their safety assurance
department who received approximately 4,000 certificates of this kind per month.
Furthermore, Aloe could also make a strong argument by imposing strict liability in tort on Toys R
Us for personal injuries that result from selling a defective product with design defect that is
unreasonably dangerous to the consumer without proper testing and compliance with Federal safety
standard for such products. Aloe could also appeal for both compensatory and punitive damages for
the loss which could be economic (such as lost income, medical expense) or non economic (such as
pain and suffering and loss of consortium, meaning the loss of someone's active presence and
enjoyment in their life).
Discussion from plaintiff's side
Aloe could argue that the cause of death of his wife is due to the defective and unreasonably
dangerous product that Toys R Us knowingly sold in the market. The regulation
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Business Law
Introduction:
E&Z Electronics is a retailer which purchases L&G products in bulk and then sells them
to customers. Recently a customer, El. Hajji Mohammed bought an L&G washing machine
from E&Z electronics who later on suffered legally recognizable damages. The washing
machine resulted in not only injuring Mohammed but also causing destructive damages to his home.
The issue here is, could the court hold both L&G electronics and E&Z electronics liable
for the damages caused to the plaintiff El. Hajji Mohammed?
Warranties:
Most good sold have warranty which is made to protect consumer from future likelihoods of
product default. The seller sometimes may claim these warranties impliedly or expressly. They also
may ... Show more content on Helpwriting.net ...
The important element of Negligence is that, a seller / manufacturer owes an inherent duty of care in
making sure that all foreseeable injuries to others are avoided in the making of a product.
To win a negligence case, the plaintiff must prove that the defendant failed in:
Duty of care, as there must be a duty owed to the plaintiff, a failure to take care during the
manufacturing process, resulting in a particular product being defective.
Breach, as the duty must be breached of warranty, Once it is established that the defendant owed a
duty to the plaintiff, the matter of whether or not that duty was breached must be settled. all
members of society have a duty to exercise reasonable care toward others and their property.
Factual cause, as the injury must have been caused by the defendants actions, For a defendant to be
held liable, it must be shown that the particular acts or omissions were the cause of the loss or
damage sustained. It should be asked whether the injury would have occurred but for, or without,
the accused party's breach of the duty owed to the injured party. if a breaching party materially
increases the risk of harm to another, then the breaching party can be sued to the value of harm that
he caused.
Foreseeable harm, as it must have been foreseeable that the action would cause this kind of harm
Injury, as the plaintiff
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Five Skin Disorders Analysis
The five skin disorders that I learned in class and on healthcommunities.com were lice, eczema,
psoriasis, ulcers, and wound care. Below I am going to explain the five disorders. Lice– Starting of I
would aware the patient that anyone can get it, no matter how "clean" they are. I would also, as a
medical assistant, explain to them the different treatments. Letting the patient know to not share
combs, pillows, brushes, etc. is very important. Also letting them know to only use medication as
prescribed is important. Eczema– As a medical assistant I would explain the condition. Let them
know it is not contagious. Make the patient aware that there's several types and treatments for
eczema, and to explain it. Lastly let the patient know that
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Terms And Conditions Of Service
Terms Of Service Last Updated : 31st October 2016 Please read these Terms and Conditions
("Terms", "Terms and Conditions") carefully before using the http://www.muusic.fm website (the
"Service") operated by Muusic.fm ("us", "we", or "our"). Your access to and use of the Service is
conditioned on your acceptance of and compliance with these Terms. These Terms apply to all
visitors, users and others who access or use the Service. By accessing or using the Service you agree
to be bound by these Terms. If you disagree with any part of the terms then you may not access the
Service. Content Our Service allows you to post, link, store, share and otherwise make available
certain information, text, graphics, videos, or other material ("Content"). You are responsible for the
Content that you post to the Service, including its legality, reliability, and appropriateness. By
posting Content to the Service, you grant us the right and license to use, modify, publicly perform,
publicly display, reproduce, and distribute such Content on and through the Service. You retain any
and all of your rights to any Content you submit, post or display on or through the Service and you
are responsible for protecting those rights. You agree that this license includes the right for us to
make your Content available to other users of the Service, who may also use your Content subject to
these Terms. You represent and warrant that: (i) the Content is yours (you own it) or you have the
right to use it and
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Human Resources
BILLING ADDRESS KIEM TAT EMBASSY SUITES SFO Prepared By: Gordon Stirling Regional
Director 415–568–8321 415–358–4671 FAX gstirling@afproducts.com SHIPPING ADDRESS
KIEM TAT EMBASSY SUITES SFO 250 GATEWAY BLVD SAN FRANCISCO, CA 94101 Email
kiem.tat@hilton.com Phone 6505893400 Fax 6508760305 250 GATEWAY BLVD SAN
FRANCISCO, CA 94101 Email kiem.tat@hilton.com Phone 6505893400 Fax 6508760305 Quoting
Option: HEADPHONES Quote Date 02/21/2012 Quote ID 635 Terms Net 15 Est Lead Time 2–4
WEEKS Ship Via DROP SHIP Qty Brand Entertainment 2 ADVANTAGE Item AFPAVID–
AE831PK Description AFP STEREO HEADPHONE (50 PACK) 50 PACK ADVANTAGE OVER
THE HEAD STEREO HEADSET BLACK HEADBAND, SILVER SATIN EARCUPS 6' CORD,
3.5MM PLUG, INDIVIDUALLY ... Show more content on Helpwriting.net ...
(c) AFP will endeavor to deliver such equipment purchased by Customer on the desired delivery
date, but does not guarantee time of delivery, and shall not be liable for any loss, damage, or
expense arising out of, or in connection with, any delay in delivery however caused. In the event of
any delay in delivery, non–delivery or any other obligation of AFP due to causes beyond AFP's
control, including, without limitation, acts of God, acts of Customer, acts of civil or military
authority, war, riots, civil unrest, floods, earthquakes, strikes, lockouts, delays in or lack of
transportation, and failure of suppliers for similar reasons, the time for AFP's performance shall be
automatically extended for a period equal to the time lost by reason of such delay. AFP's failure to
deliver any equipment on the desired delivery date shall not be grounds for Customer's cancellation
of its order. RETURNS Should any equipment arrive at Customer's destination in a damaged
condition or should a shortage occur, Customer must report the nature and extent of the damage or
shortage to AFP within 5 business days of delivery. In no case is any equipment to be returned to
AFP without AFP's prior written authorization. Returned equipment must be
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What Is The Theme Of Mental Cases By Wilfred Owen
Wilfred Owen's "Mental Cases" offers a rather distinct characterization of World War I soldiers after
their participation in the battle. While they are usually portrayed as the brave, handsome and trained
heroes of a nation, in this poem the reader confronts the reality of the soldiers' atrocious mental state
as they returned home filled with terror and nightmares of the battlefield. The poet's main objective
of presenting the characterization that will be further explained is to shock the reader with the
graphic and brutal scenes the soldiers had to experience during combat and expose the physical and
mental consequences of war, highlighting the destruction and terror it brought to humanity. As to the
why of this purpose, Owen, having experience ... Show more content on Helpwriting.net ...
However, the phrase 'back into their brain' refers once again to the memories coming back and
tormenting the abandoned men, as well as the affirmation that dawn bleeds afresh, showing that the
soldiers are not able to heal and no matter how much time passes, they still remember the scenes of
war freshly. In addition to this, the onomatopoeias used in the last four verses: plucking, picking,
snatching and pawing, construct an image of the men crawling helplessly and grasping desperately
with their animalistic claws at a society that has turned their backs to them. This connects back to
Owen's purpose of getting society's attention and comprehension of the mentally injured men so
they can help them. In this same stanza, a visual imagery that goes back to the idea of the living
death of the first stanza is introduced with the words set–smiling corpses. 'Corpses' refers directly to
the skeletal and abdominal figures described in the beginning, but with the addition of the adjective
'set–smiling', not only is an oxymoron built, but it also shows the taunting and dismal stare of men
that suffer from shell shock, reinforcing again the consequences of
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Gm520 Final Exam Random
|1 |What is a multilateral treaty? | | | | | |a. | | |a treaty related only to military action | | | | | |b. ... Show
more content on Helpwriting.net ...
| | |a mistrial is granted. | | | | | |b. | | |a summary judgment is granted. | | | | | |c. | | |the defendant has
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Pine Tree Inc. Case Study
Pine Tree, Inc. Case TEAM 5 Nataly Santos, Asad Waseer, Christian Morfin , Ali Almutairi, Zhano
Kirakosyan Class #13385 Due; Monday, April 18th MEMORANDUM DATE: April 18, 2016 TO:
Daniel Martinez, Manager of Risk Management Department FROM: Team 5 SUBJECT: Pine Tree,
Inc. Mr. Martinez: Our firm has analyzed the Pine Tree Inc. case concerning analysis regarding the
fire that took place at one of the Burger Ranch restaurants in Canoga Hills, Gould. Our firm's focus
was to review the financial data provided by Mr. Washington on the issue of liability for damages of
lost profits. Our firm consisted of experienced entities that looked over topics such as legal matters,
statistics that provided all the necessary knowledge in analyzing the facts and issues of the case. Our
findings include future recommendations and strategic considerations that will assist in precluding a
similar situation from arising. Please feel free to contact us with any questions regarding the
information provided. It was a pleasure working with you and we hope to work with you again in
the future. Regards, Team 5 In deciding if Pine Trees was liable for the damages to Burger Ranch,
first it must be determined whether or not their contract was valid. In order to determine if their
contract was valid, it must be determined if there was an offer and acceptance. First, Burger Ranch
submitted a purchase order to Pine Trees Inc. for 137 decorated
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Advertisement / Commercial Content Served Or Enhanced By...
7. Advertisement / Commercial Content Served or Enhanced by Flought
Our goal is to deliver advertising and other commercial or sponsored content that is valuable to our
Floughters and advertisers. In order to help us do that, you agree to the following:
1) You give us permission to use your name, profile picture, content, and information in connection
with commercial, sponsored, or related content (such as a brand you like) served or enhanced by us.
This means, for example, that you permit a business or other entity to pay us to display your name
and/or profile picture with your content or information, without any compensation to you.
2) You understand that we may not always identify paid services and communications as such.
8. Special Provisions Applicable to Advertisers
If you use our self–service advertising creation interfaces for creation, submission and/or delivery of
any advertising or other commercial or sponsored activity or content (collectively, the "Self–Serve
Ad Interfaces"), you agree to our Self–Serve Ad Terms. In addition, your advertising or other
commercial or sponsored activity or content placed on Flought or our publisher network will
comply with our Advertising Policies.
9. Special Provisions Applicable to Pages
If you create or administer a Page on Flought, or run a promotion or an offer from your Page, you
agree to our Pages Terms.
10. Special Provisions Applicable to Software
1) If you download or use our software, such as a stand–alone
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Consumer Behavior Analysis
Protocols:
Protocol 1 Anticipatory I have been longing for one sunglass for a long time after I accidently
stepped on my old one and broke it. Since summer is on the way, nice and sunny weather has
always reminding me to think about consumption. Unfortunately, I am such a picky person that I
determined to get the perfect fit only for my special. My criteria are primary focused on the quality,
brand, and the style. Probably style can be considered as the most important one because I want
everything I possessed to reflect my personal conception. Price is an important but not most
significant element for me because I tend not to use budget to restrict my preference. Apparently,
around Bellingham area, the only place I can think of ... Show more content on Helpwriting.net ...
(Latent want is created of awareness of products potential)
VI. Beliefs expressed or implied by this protocol
More expensive, the better (Generated–Adaptive–Advice to reduce risk)
Guess specialized and is well famous on Sunglasses (Generated–Adaptive– Reputation)
Well known brands are usually guaranteed quality (Generated–Adaptive–Seek Guarantee)
Protocol 3:
VII. Goals Seek
Not to buy that expensive luxury again (Generated–Integrative–economic)
VIII. Wants Expressed
Want some alternatives if time can go back
IX. Beliefs expressed or implied by this protocol
Student shouldn't buy Luxuries (cognitive dissonance)
Conclusion
It seems like the consumption experience is not rational, at least from my experience. The ideas the
buyer hold at the beginning is not what they think during the consumption process and would
change eventually at the end. Especially buying an expensive item which requires more
consideration would cause great cognitive dissonance at the end. Some buying require active
decision making but some are not. During the retrospective process, buyer always has new wants
and somewhat discomfort on the decision made. I have some trouble defining the new goal want
and beliefs into the scheme on the retrospective stage. In this model, some buyer even thought buy
the products, they could still return it in one month to reduce
... Get more on HelpWriting.net ...
Arvo Lake, a Retired Seventy-One Year Old Man, Bought an...
Arvo Lake, a retired seventy–one year old man, bought an air conditioner in May. The unit was
installed and operated according to the manufacturer's specifications. Unbeknownst to Lake, the unit
contained a hole in the refrigeration system that allowed Freon, the coolant, to escape from the unit.
By August, the unit had ceased cooling, and Lake's residence reached a temperature of at least 96
degrees Fahrenheit. The heat caused Lake to suffer from hyperthermia, which caused circulatory
failure and then death. The executor of Lake's estate sued the manufacturer of the air conditioner for
damages resulting from breach of warranty.
Which warranties, if any, has the manufacturer of the air conditioner breached?
For a manufacturer to be ... Show more content on Helpwriting.net ...
The large number of handlers in the process of manufacturing and packaging a product typically
makes it difficult to prove when and how the manufacturer was negligent.
The breach of the warranty is that the A/C was defective due to a design defect, and the manufacture
is liable for the harm it cause to Lake
Breach of warranty–based product liability claims usually focus on one of three types:
1. Breach of an express warranty – An express warranty is a guarantee from the seller of a product
that specifies the extent to which the quality or performance of the product is assured and states the
conditions under which the product can be returned, replaced, or repaired. It is often given in the
form of a specific, written "Warranty" document. However, a warranty may also arise by operation
of law based upon the seller's description of the goods, and perhaps their source and quality, and any
material deviation from that specification would violate the guarantee. For example, an
advertisement describing a product is often full of express warranties; the product must substantially
conform to what is advertised. Many advertisers insert disclaimers for this purpose (e.g., "actual
color/mileage/results may vary", or "not shown actual size"). Commonly, written warranties will
assure the buyer that an article is of good quality and against defects in "materials and
workmanship." A warranty may also apply to services that
... Get more on HelpWriting.net ...
Which Jurisdiction Should Govern The Agreement Between The...
The issues are what jurisdiction shall be used to govern the deal between the parties, issues with the
formation of the agreement, warranties, warranty damages, consequential damages, search costs,
lost profits, recession. The first issue is determining which jurisdiction should govern the agreement
between the parties – Article 2 of the Uniform Commercial Code, the Common law, or the CISG?
When the subject matter of a transaction is for the sale of goods, Article 2 of the UCC is used to
analyze the deal between the parties. Article 2 of the UCC governs the formation, performance, and
damages. When the subject matter of the transaction is not for the sale of goods or is to provide a
service, the common law is used to analyze the deal between the parties. The Common law governs
formation, performance, and damages. When the transaction is for non–consumer goods and
between parties from different nations, the Contracts for the International Sale of Goods is used to
govern the transaction. The CISG governs formation, performance, and damages. In this case, the
party's agreement would be considered a hybrid contact as the agreement includes a goods
component, as well as a service component. Since the agreement between the parties is a hybrid
contract we can use the Predominate Purpose Test or the Gravamen Test to determine whether the
UCC or the Common law should govern. Using the Predominate Purpose Test we can look at what
the predominate purpose of the contract was for– the
... Get more on HelpWriting.net ...
An Analysis of the Essay Math and After Math by Lensey...
Before Reading
Math and After Math
Essay by Lensey Namioka
What are you really GOOD at?
RI 1 Cite textual evidence to support analysis of what the text says explicitly as well as inferences
drawn from the text. RI 2 Determine a central idea of a text and analyze how it emerges and is
shaped and refined by specific details. RI 3 Analyze how the author unfolds a series of ideas or
events. RI 4 Determine the meaning of words as they are used in a text. L 5 Demonstrate
understanding of word relationships.
Knowing what you're good at can take you a long way toward finding work and activities that you
enjoy. In "Math and After Math," Lensey Namioka describes how she first embarked on one career
path and then later discovered her true talent. ... Show more content on Helpwriting.net ...
4. The detective's analytic approach to solving problems led him to the killer. 5. Your hypothesis
will not stand up to further testing.
Complete the activities in your Reader/Writer Notebook.
Author Online
Go to thinkcentral.com. thinkcen
KEYWORD: HML HML9–481
481
After Math lensey namioka
"Seven!" shouted the teacher. Or did he shout "Four"? I shrank down in my seat. Math class was an
absolute nightmare. The teacher scared me so much that my hands got sweaty, and my fingers
slipped on the abacus1 beads. I was in the second grade when I discovered that I suffered from
abacus anxiety. The trouble was that I was going to a school where the teacher spoke a different
dialect. I grew up with Mandarin, the dialect spoken by the majority of the Chinese. When the
eastern part of China was occupied by the Japanese, our family moved inland, to a region where I
could barely understand the local dialect. Writing was pretty much the same in any dialect, so in
language and history classes I didn't have trouble with what was on the blackboard. My problems
started in the math class, where we had to learn the abacus. Before the days of the calculator, the
abacus was the main tool for adding and multiplying. It still is, in many parts of China (as well as in
countries like Japan and Russia). The abacus teacher would shout out the numbers he wanted us to
add or multiply. My ears didn't always understand what he said, so seven, for
... Get more on HelpWriting.net ...
Notes On Forex Trading Strategies News Web Site Agreement
DISCLAIMER
Forex Trading Strategies News Web Site Agreement
The Forex Trading Strategies News Web Site (the "Site") is an online information service provided
by Forex Trading Strategies News ("Forex Trading Strategies News "), subject to your compliance
with the terms and conditions set forth below. PLEASE READ THIS DOCUMENT CAREFULLY
BEFORE ACCESSING OR USING THE SITE. BY ACCESSING OR USING THE SITE, YOU
AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU
DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT
ACCESS OR USE THE SITE. Forex Trading Strategies News MAY MODIFY THIS
AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE
IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT ON THE SITE. YOU
AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH
MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF THE SITE SHALL BE
DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.
1. Copyright, Licenses and Idea Submissions.
The entire contents of the Site are protected by international copyright and trademark laws. The
owner of the copyrights and trademarks are Forex Trading Strategies News, its affiliates or other
third party licensors. YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD,
POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE SITE,
INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE. You may print and download
portions of material from the different areas of the Site solely for your own
... Get more on HelpWriting.net ...
Torranty Claim
There are most definitely ways that my business could be exposed to breach of warranty claims do
to the nature of the product. My company could be subject to both an expressed and implied breach
of warranty if my product fails to fulfill my written stated requirements on both quality and
effectiveness of my product, a selectively inhibiting hair growth product. Due to the fact that my
product would be a one of a kind on the market, I would create an expressed warranty to ensure
potentially skeptical consumers that my product does indeed work, potentially even creating an
expressed warranty that includes a money back guarantee. Misrepresentation could also be claimed
by a plaintiff if my product falsely advertises that it inhibits hair growth. The implied warranty of
merchantability could be breached if indeed my product did not inhibit hair growth, as my product
would not fulfill the original purpose the product was created for.
a. Will your business be exposed to any product liability claims? Why or why not?
My business could be exposed to all three theories ... Show more content on Helpwriting.net ...
In regards to the defense against age discrimination, I could claim that it is a business necessity for
my employees to be able to learn and to know how to operate electronics' such as an IPad that are
essential to my business operations and success. Similarly, I could claim business necessity as a
defense to employment discrimination in reference to a morbidly obese worker who is unable to
perform his/her daily operations (climbing flights of stairs, working long shifts that require the
worker to be on their feet) due to their weight. In reference to race and religion, I do not believe
there would be any successful defenses raised against our case of religious discrimination, however
if I do not have a workforce of fifteen employees, Title VII would not apply to my
... Get more on HelpWriting.net ...
Jumpstarter Inc. vs. Bob Hartley Essay
Jumpstarter Inc. vs. Bob Hartley
Name
Institution
Jumpstarter Inc. vs. Bob Hartley Introduction Jumpstater Inc had developed a product, Jumpstarter
I, which was a pacemaker intended to regulate the heartbeat of an individual in the body. At the end
of the nineties, the company discovered that the device became faulty when the body temperature
increased above normal. To reverse the damage, the firm asked the medical facilities that had any
unused product to return them to the company for credit. Additionally, Jumpstarter Inc. advised
practitioners to remove any device that had already been implanted in the patients. Bob Hartley, a
physician that had used the product in some of his patients, had to perform some serious ... Show
more content on Helpwriting.net ...
Defendant In essence, Jumpstarter Inc may utilize comparative fault defense to seek partial liability
in the case. Ideally, contributory negligence in the Jumpstarter case would attempt to have the
plaintiff as a contributor to the harm caused. The use of comparative fault defense by Jumpstarter
Inc would, therefore, be although the pacemaker failed and the applicant's case may be watertight,
the defendant would still win because there was a timely recall of the product. The defendant would
use the affirmative defense to agree and sympathize with the harm caused to the plaintiff but still
assert that they did their part by recalling the product. Everyone In the case against Jumpstarter Inc.,
the plaintiff, Bob Hartley, will win. The rationale for this is because the manufacturer violated the
law by damaging the confidence of their customers through the provision of faulty products.
Recalling a product and fighting a legal case at the same time is not ethical. This action shows that
the defendant does not take full responsibility for their negligence and the damage caused by their
faulty goods. The best way to show remorse and full liability for the breach of the implied warranty,
the contract would be to recall the product and give compensation to the
... Get more on HelpWriting.net ...
Fuller's Business Ethics
Ethics and Responsibilities go hand in hand. With businesses that develop products for the public,
the decision making process is crucial. Before one can make a judgement for what is right and
wrong, one must understand to a degree the consequences of those actions.
Businesses have responsibilities for the product they manufacture and distribute, but how much
responsibility is too much. In this perspective, we will examine the ethical implications of product
manufacturing of Product Quality, Pricing, and Labeling and Packaging.
With Product Quality, the responsibilities of a business are simple. Develop a low cost, high quality
product that withstands the normal limitations of it's use. Quality can be defined as doing the ...
Show more content on Helpwriting.net ...
This would violate the standard of product quality, which is to create a high quality, low costing
product as mentioned earlier.
To further illustrate, Fuller's Company provides industrial glues, coatings, and paints. If a consumer
buys an industrial glue, and it does not work as effectively due to the addition to the noxious oil, this
is an example of doing the wrong thing. On the other hand, if the glue works as promised, but the
consumer gets sick while using the product the correct way, this is an example of the right thing,
done the wrong way. Lastly, if the glue holds for some, and does not for others, then the company
has failed to do the right thing, the first time, and every time. This would make this product one of
poor quality, and that is unethical.
Companies can avoid unintentionally creating poor quality products, and create a peace of mind
with their consumers with the use of warranties. Warranties are obligations to purchasers that sellers
assume. (Shaw, 226) The two types of warranties include express, and implied warranties.
Express Warranties are specific promises made by a seller, whether orally, or in print. These
promises usually include a description of items, the assurance that the product will work as
designed, and factual statements. Concerning case 4.3, an example of an express warranty
... Get more on HelpWriting.net ...
No Bargaining Power And The Internet Boom Of The 1980 ' S
Since the software and Internet boom of the 1980's, there has been the existence of click–on, (aka
click–through, click–on license, or click–wrap agreement), End User License Agreements (EULA)
and Terms of Service (TOS) contracts. These contracts require the user to give assent to "lease" the
program or website by clicking on an" I agree" or "I disagree" button which either confirms that the
user has read the EULA or TOS and is giving assent to those terms, or is rejecting those terms and
therefore is making the decision not to use the product. They are found in every sort of medium
from web–based programs like Facebook and Instagram to installed software such as Adobe and
McAfee. The terms are usually implied warranties, limit ... Show more content on Helpwriting.net
...
Luckily for "Big Software", the law doesn't require that the user read through all of the terms for the
contract to be binding. Currently the law, namely the Uniform Commercial Code (UCC), has no
warranty protections for the consumer who leases these programs, although courts have tried to use
it to interpret individual software warranty, privacy, and breach of contract cases. The poorly
received and executed Uniform Computer Information Transactions Act (UCITA) was designed
based on Article 2 of the UCC but has only been adopted by Maryland and Virginia. While UCITA
has been extensively protested by consumers, the legal and intellectual property law communities
state their objections that the Act upholds the root of the problem, overly aggressive contract terms
(Kaner). The authors of the UCC, National Conference of Commissioners on Uniform State Laws
(NCCUSL), and the American Law Institute (ALI) need to draft viable regulations for both software
companies and consumers that level the playing field. Another issue that arises for the end user is
the fact that they are only freely using or purchasing a license, or right, to these online products in
comparison to purchasing a tangible good at a store. When the NCCUSL revisited the UCC to make
an amendment (Article 2B) to include regulations for software licenses, the ALI pulled out of the
deal, and the
... Get more on HelpWriting.net ...
Legal Writtinbg Essay Correction
This story is replete with fascinating facts and the intricacies that are inherent in the facts of the case
make for a great story.The baseball bat was broken from the outset when it was bought by the
plaintiff. Therefore, the defendant should have to return the baseball bat and pay the money back to
the plaintiff that plaintiff paid for said bat. The plaintiff bought a baseball bat from the defendant
and the baseball bat turned out to be broken because, since as soon as the defendant used the bat to
play baseball, the bat shattered into a million pieces. Shattering into a million pieces certainly
violates the implied warranty of merchantability under the Uniform Commercial Code (UCC 2–
314). No Industria De Calcados Martini Ltda. v. ... Show more content on Helpwriting.net ...
I can't show exactly where in the U.C.C. it says this, but that's the general feeling I got from reading
the U.C.C. This story is replete with fascinating facts and the intricacies that are inherent in the facts
of the case make for a great story. The plaintiff bought a baseball bat from the defendant and the
baseball bat turned out to be broken because, as soon as the defendant used the bat to play baseball,
the bat shattered into a million pieces. Shattering into a million pieces certainly violates the implied
warranty of merchantability under UCC 2–314. Industria De Calcados Martini Ltda. v. Maxwell
Shoe Co., 36 Mass. App. Ct. 268 (Mass. App. Ct. 1994) Also, there's a case that expounded upon
this issue and told us that a baseball bat can't crack when it's used normally. Otherwise, the store has
to give back the money to the plaintiff. Dudzik v. Klein's All Sports, 158 Misc. 2d 72 (N.Y. J. Ct.
1993). The information that can be clearly drawn from these cases is if someone buys a baseball bat,
it must be in the condition that was represented to the heretofore named parties. At least, the bat
must be in sufficient marketable condition so that the implied warranty owing from the party of the
first part to the party of the second part must be sustained. Also, as if those cases weren't enough,
the UCC 2–314 demands that goods must be in good condition when they are
... Get more on HelpWriting.net ...
Essay on Exam
FINS 5535 Derivatives and Risk management Techniques Group Assignment
Implied Volatilities & Volatility Smiles
1. Why does the target cell in the Solver minimization reference the control variate estimate of the
American Put option instead of the value as implied by the tree?
It is because that control variate estimate is more accurate than the implied value by the tree. The
error of the binominal tree can be reduced by using it only to calculate the difference between the
price of the American and the equivalent European options with the same strike and the same time
to maturity.
2. Use Solver to find the implied volatilities for all put options with strike prices between $70 and
$100 that are divisible by 5 and ... Show more content on Helpwriting.net ...
Enter a start date of your choice and then enter in the field for expiration date =settlement+182 for
the first maturity. Submit the table and the graph.
5. Fix the time to maturity at 365 days. Now vary the strike price as before and also vary the interest
rate between 1.0%, 4.0% and 7.0%. Submit the table and the graph.
6. Describe briefly how the EEP depends on the parameters we varied in this exercise.
From the results we observe that early exercise premium increases at different maturity dates for the
same strike price and when varying strike price with the same maturity date the early exercise
premium increases non linearly in an upward trend. The shift in the trending from options 1, 2, 3 can
be explained by the maturity, as maturity increases an American option is more worthwhile because
more node exist where it is possible for us to exercise early. From the results early exercise price as
a function of strike price, maturity and interest rate, increases when we hold maturity constant and
vary the other two. The shift in trending can be explained by the increase in interest rates for options
1, 2, 3 respectively. When interest rate is increased the present value of the underlying drops and the
likeliness of the option being in the money increases and therefore the value of put option increases.
Oscillation in the Binomial Tree
7.
... Get more on HelpWriting.net ...
The Pros And Cons Of Breach Of Warranty
Everyday billions of consumers purchase products across the entire world. As natural consumers,
this is a way to buy things that are seen as beneficial for whatever the reason may be. This could
include benefitting one's health or well–being or simply meeting personals wants and needs. In the
United States, buying and selling products is so common that many underlying factors of what goes
into the process go unnoticed, up until something goes wrong. As a consumer, you naturally expect
that what you are buying is 100% safe, secure, and authentic because most of the time this is the
case. However, for the times when something does go wrong, it is important to know the legalities
of product liability as both a producer and a consumer. "Product liability is the legal liability
manufacturers and sellers have for defective products that cause injury to the ... Show more content
on Helpwriting.net ...
The term also covers a failure of a statement or agreement by a seller of property which is a part of
the contract of sale, when the truth of the statement is necessary to the validity of the contract
(USLegal, 2007)." Breach of warranty claims come in two forms– an express warranty or implied
warranty. An express warranty is one that is explicitly stated from the manufacturer or seller to the
consumer. Most express warranties are made in written statements, warning stickers, informational
tags, etc. Although, an advertisement or a product sample that demonstrates how the product is
properly used may also be used to make an express warranty claim (Rottenstein Law Group, 2010).
Contrary to this, an implied warranty is not explicitly stated. Instead, an implied warranty is based
on the reasonable expectations of the buyer. For example, when a shopper buys a lamp, they expect
it to light up the room without the lightbulb getting so hot that it starts a fire. This would be a
reasonable expectation of the
... Get more on HelpWriting.net ...
Sales Agreement : Sales Agreements
Sales Agreement THIS SALES AGREEMENT (the "Agreement") dated this 17th of December,
2015 BETWEEN: Martin Shimer of Longmont, Denver, Colorado, Raffaele Balzo of Longmont,
Denver, Colorado, and Talia Corleone of Longmont, Denver, Colorado, collectively and individually
(the "Seller") OF THE FIRST PART –AND– Alexander Lima of 2161 Nicholson Dr. , Baton Rouge,
Louisiana and Adriana of 2161 Nicholson Dr., Baton Rouge, Louisiana Collectively and
individually (the "Buyer") OF THE SECOND PART IN CONSIDERATION OF THE
COVENANTS and agreements contained in this Sales Agreement the parties to this Agreement
agree as follows: 1. Sales of Goods 1.1. The seller will sell, transfer and deliver to the buyer on the
or before the 15th day of December, 2015, the following goods (the 'Goods'): Sundry watches,
jewelry, a treasure chest of coins, cell phones, and pill bottles. 2. Purchase Price 2.1. The buyer will
accept the Goods and pay for the Goods with the sum of sixty thousand (16,000.00) USD, paid in
cash as required in clause 4 of this Agreement. 3. 3.1. The Seller and the Buyer both acknowledge
the sufficiency of this consideration. In addition to the purchase price specified in this Agreement,
the amount of any present or future sales, use, excise or similar tax applicable to the sale of the
Goods will be paid by the Buyer, or alternatively, the Buyer will provide the Seller with tax
exemption certificate acceptable to the applicable taxing authorities. 4. 4.1. The Buyer will make
... Get more on HelpWriting.net ...
Comparison Between Raphael And Leonardo Da Vinci's Last...
Art is a conversation between the artist and the audience, and through which the artwork is the
medium between both. The artist, as the author of the piece, generates the message, plans the piece,
and executes it to the best of his abilities. The audience, on their part, uses past experiences and
knowledge of the artist and artwork to interpret the work,(which interestedly can lead to multiple
conclusions of the work that are far distant from the artist's original understanding). Then there is
the artwork itself: it is the passive participant whose influences beyond that of the artist and the
audience is time. Throughout history, this has been the case–Raphael and his Galatea, and Leonardo
da Vinci and his Last Supper–but in more recent times, ... Show more content on Helpwriting.net ...
This is done through the process by which he created the piece: he generated the dimensions of each
block according to a mathematical premise and then he sent the plan to a factory to have the blocks
fabricated. Through this process he had ten identical blocks made. Thus, the piece maintains only a
distant connection to the artist who created it, and resembles that of the mass production in which
the industrial designer creates a general plan that the factory workers then replicate repeatedly. This
elimination of the artist's involvement is also illustrated in the title of the piece , "Untitled": through
the intentional act of not giving the piece a name, Judd therefore refuses to impose any
preconstructed view on the piece. By eliminating himself from the conversation as much as
possible, Judd focuses the attention toward the interaction between the piece and the audience, and
particularly the piece. Of course, it is questionable whether the artist truly removed himself, and his
views, from the work. Establishing now that no exterior influences beyond the process of art are
affecting the piece, I now consider the interior influences of the piece: that is, the elements of art
and
... Get more on HelpWriting.net ...
Data And Methodology For Research
DATAAND METHODOLOGY
In this chapter, data collected for analysis will be discussed. The paper will continue with discussion
of the variables included in the sample. Relevance of the variables for the research will be assessed
basing on theoretical and empirical evidence. Sample data description
Building on the research of previous studies in the area of credit risk, this paper investigates the US
corporate bond markets from January 2006 to December 2013. Data on bonds and issuers is
extracted from Bloomberg database. According to objectives of the study, the firms, which issued
corporate bonds, are chosen in financial and industrial sectors.
To identify the corporate bonds that are relevant for research, the following criteria are applied in
this study: Bonds are issued by publicly listed corporations in financial and industrial sectors. Bonds
are US–denominated and issuers of bonds are officially registered in the US. It is implemented to
narrow the scope of this study only to the US bonds. Bonds are actively traded. Bonds that matured
before December 2013 are not included in the sample. Bonds that do not have option–like features
or any other special properties. This means that sinkable, convertible, puttable and callable bonds,
and corporate bonds with floating rates, inflation–indexed bonds are excluded. To enter the sample,
data on bond must provide at least 25 months of consecutive observations. Bonds with a maturity
more than one year. Bonds are
... Get more on HelpWriting.net ...
Case Study Of Paperrater
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Liability and Indemnity
We do our best, but mistakes happen so use this site at your own risk. We make no guarantees about
the accuracy or reliability of ... Show more content on Helpwriting.net ...
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the sole responsibility of the entity making it available. We may review it, we may remove it, we
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accordance with the U.S. Digital Millennium Copyright Act:
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2. identification of the content at issue on PaperRater, with the URL where it is located on
PaperRater or information detailed enough for us to locate it;
3. your name, address, telephone number, and email address; and if you are representing the owner
of the intellectual property, the name of the owner
4. a statement that you
... Get more on HelpWriting.net ...
The All Tech Tricks Web Site
The All Tech Tricks Web Site (the "Site") is an online information service provided by All Tech
Tricks (" http://www.alltechtricks.in/"), subject to your compliance with the terms and conditions set
forth below. PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR
USING THE SITE. BY ACCESSING OR USING THE SITE, YOU AGREE TO BE BOUND BY
THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE
BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE
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PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED
ACCESS OR USE OF THE SITE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE
OF THE MODIFIED AGREEMENT.
1. Copyright, Licenses and Idea Submissions
The entire contents of the Site are protected by international copyright and trademark laws. The
owner of the copyrights and trademarks are All Tech Tricks, its affiliates or other third party
licencors. YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST,
TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE SITE,
INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE. You may print and download
portions of material from the different areas of the Site solely for your own non–commercial use
provided that you agree not to change or delete any copyright or proprietary notices from the
materials.
You
... Get more on HelpWriting.net ...
Weaknesses Of The Black Scholes Model
1. Introduction
In 1973, Fischer Black, Myron Scholes and Robert Merton derived the Black–Scholes model of
modelling derivatives prices for European stock options (Black & Scholes, 1973) and (Merton,
1973). This model has great importance on how traders determine the price and ways to hedge
derivatives since the 1970's (Hull, 2012), and led to other derivative instruments that have similar
characteristics to option. Fundamentally, the Black–Scholes model make sure of a simple formula to
determine the price of an option contract using the underlying asset's price and its volatility, the
strike price and the market risk–free interest rate (Merton, 1973).
An option is a contract to buy or sell a specific financial product which the value is derived ... Show
more content on Helpwriting.net ...
Nonetheless, Black–Scholes model remains popularly used for estimating the price of European
style options. In fact, the Black–Scholes theory has been used as a standard in the financial world
(Ray, 2012). The weakness of the Black–Scholes model will be evaluated in later sections together
with solutions to tackle some of these limitations.
3. Strengths
The Black–Scholes model is widely used due to the following strengths:
1. The formula is considerably easy to calculate. The call option price subjects to only five
parameters which are deducible or measureable. It uses simple mathematical terms and option prices
can be calculated within a short period of time.
2. It gives a very good approximation despite not perfectly correct due to the non–constant
volatility. The model helps to give a first approximation in establishing hedges in the correct ratios
to minimise risk. In addition, the non–constant variables, which are reflected as the Greeks, could be
hedged to mitigate the risk associated with these parameters.
3. It provides a fundamental framework for future research to extend or refine it. Many literatures
have be subsequently produced to evaluate the claims of the
... Get more on HelpWriting.net ...
Examples Of Statement And Assumptions
Statement and Assumptions
Introduction:
Statement represents information communicated with others. Buried message within in a statement
is called as assumption. In these types of questions there will be a statement given along with
assumptions. We need to analyze the statement and which of the assumptions contains the buried
message.
Examples:
Following questions given below contains a statement and two assumptions. Find which of the
assumptions implied by the statement. Choose any of the following options.
a. If only assumption A is implicit
b. If only assumption B is implicit
c. If either A or B is implicit
d. If neither A nor B is implicit
e. If both A and B are implicit
1. Statement: Bala's condition would improve after this surgery. ... Show more content on
Helpwriting.net ...
If only conclusion A follows
b. If only conclusion B follows
c. If either A or B follows
d. If neither A nor B follows, and
e. If both A and B follow
1. Statement: In India, Parents are ready to spend any amount for their children's education.
Conclusions: A. Now a days, all parents are well off. B. Parents want to have their children bright
future through good schooling.
Ans: by analyzing the statement we can conclude that the parents want to have their children bright
future thro good schooling and they are ready to pay any amount in this regard and does not imply
that all are well off. Therefore the right answer is option 'a'.
2. Statement: any Men asks dowry for his marriage, low esteeming himself and disrespecting the
women in the society.
Conclusions: A. men who don't ask dowry, respects womanhood. B. society criticizes those who
take dowry.
Ans: by analyzing the statement we can conclude that the dowry is an evil practice and therefore
society condemns those who take dowry and also dishonor to woman hood. Hence right answer is
'e'.
Problems:
1. Statement: A zoo has as many deer's as it has Monkeys. Two third of the animals in the zoo are
old and one–fourth of the animals are at breeding
... Get more on HelpWriting.net ...
Business Law
Case study 5 A dealer sold a new car to Raymond Smith. The sales contract contained language
expressly disclaiming liability for personal injuries caused as a result of defects in the car and
limiting the remedy for breach of warranty to repair or replacement of the defective part. One month
after purchasing the auto, Smith was seriously injured when the car veered off the road and into a
ditch as a result of a defect in the steering mechanism of the car. If Smith sues the dealer for breach
of warranty and the dealer defends by relying on the contract disclaimer, what would be the result
and why? In this case study, we are assuming the contract entered into between Raymond Smith, the
buyer, and the auto dealer, the seller, is a legal
... Get more on HelpWriting.net ...

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Here is a draft sales agreement addressing the key points provided:SALES AGREEMENTThis Sales Agreement is made on April 1, 2014 between Brenda's Widgets Inc. of 123 Main St., Podunk, Iowa ("Seller") and Jim's Hardware Store of 456 First St., Secondville, Michigan ("Purchaser"). Sale of Goods. Seller agrees to sell and deliver to Purchaser 10,000 widgets on or before May 30, 2014 ("Delivery Date").Purchase Price. The purchase price is $5.00 per widget, for a total of $50,000. Purchaser will pay the full purchase price within 30 days of delivery. Delivery. Seller will

  • 1. Contract Law Regarding Sales Transaction In contract law concerning sales transaction, a Right to Cover is a remedy that is available to a buyer under Article 2 of the Uniform Commercial Code (UCC), which governs the sales of goods. The UCC states a buyer may use a cover as a protection in an action of a breach in a sales contract. The buyer, in good faith, would purchase substitute goods when the seller violated the contract and fail to deliver the goods the buyer has asked for. The buyer can recover from the seller the difference of the cost of cover and contract price with any additional incidental or consequential damages. In other words, after the seller breaches the contract, the buyer is able to look for reasonable substitute goods. Then the buyer would have the damages recover from the seller. For example Bob, the buyer owns a hair salon. Bob orders 15 boxes of shampoos from John, the seller. John runs a hair supply store. Bob specifically orders the Green Tea scented shampoos. In his order, Bob states that he must have the shampoos by January 21. Bob pays the full contract price of $30 per box (a total of $450) to John. However on January 21, John delivers 15 boxes of peppermint–scented shampoos. The goods are nonconforming because the shampoos are not what Bob has ordered. One option that Bob has is to cover or purchase reasonable replacement goods. Bob then decides to contact another supplier; Susan to order the Green Tea scented Shampoos and having it deliver on the same day. But Susan's hair supply ... Get more on HelpWriting.net ...
  • 2. Defense Case Study Essay Sarah Plantiff and Appellant V. ACME, KM, and STE Facts: The City of Albany decided to upgrade a fleet of repair trucks in order to respond to pothole fixing. ACME manufactured a cab and chassis of a truck that was then sold to Keefer Motors. Keefer Motors sold the truck unchanged to the City of Albany. No discussion by ACME or Keefer Motors had taken place with the City as to what the city would do with the truck. Susan's Truck Equipment was contracted by the city to add a dump bed and hoist and the truck was modified and redelivered to the City of Albany; the truck was accepted and put into immediate use. Sarah and Emma are city employees and Sarah was injured when Emma backed up the pothole truck over her. Sarah was ... Show more content on Helpwriting.net ... ACME's implied warranty of merchantability extends to making a promise that the goods are fit for the ordinary purposes for which they are sold which is a cab (place that holds the driver) and a chassis (flat area attached to cab). As a manufacturer, ACME's implied warranty is the cab/chassis which was fit for the ordinary purposes of being a truck shell, they have no knowledge of how the unit will be utilized. A back up sensor (unless required by law) does not make the unit unfit for the ordinary purposes of being a truck. Keefer Motors is not accountable for breach of warranty of merchantability as they were selling to the City of Albany a cab/chassis and the statement of facts asserts that no discussion took place with the city as to the purpose of the use of truck. Again product can still perform and no warranty was made regarding a back–up alarm. Breach of implied warranty of fitness by Susan's Truck Equipment has not been proven as no proof is shown as to what STE might have advised the City of Albany about adding on safety features. The City of Albany had the duty to its employees to modify the truck with safety capabilities as they are the entity to know the intended purpose of the modified vehicle for pothole reparations. Statement of facts claims STE installed a dump bed and hoist as requested by the ... Get more on HelpWriting.net ...
  • 3. America 's Civil Justice Reform Introduction On February 27, 1992, Stella Liebeck, aged 79 at the time, bought a coffee from the drive–thru of a McDonald's in Albuquerque, New Mexico. She spilled the coffee on herself and received third–degree (full thickness) burns. She sued McDonald's and was originally awarded almost $3 million in damages. This case is a perfect example of frivolous litigation and is one of the reasons some Americans think there needs to be civil justice reform. Facts Liebeck was riding as a passenger in her grandson's car. After receiving her order, he pulled up and stopped so Liebeck could put cream and sugar in her coffee. She placed the Styrofoam coffee between her knees because there was no cup–holder and tried to remove the lid. However, the coffee spilled onto her and she received third–degree burns on her buttocks, genital, groin, and inner thighs. She was hospitalized for eight days and had skin grafts and debridement treatments. Liebeck was also disabled for two years after the accident and permanently scarred. Her daughter took off of work to help take Stella to and from the hospital. She also lost around twenty percent of her bodyweight following the incident. Before going to trial, Liebeck offered to settle for $20, 000, which would cover just her hospital stay and other medical expenses. McDonald's counteroffered with an amount of $800. Ms. Liebeck then hired an attorney, Reed Morgan, who had requested $90,000. McDonald's also refused this offer. ... Get more on HelpWriting.net ...
  • 4. Sales Agreement Contract Law Sales Agreement THIS SALES AGREEMENT (the "Agreement") dated this 12th day of March 2012 BETWEEN: |Brenda's Widgets, Inc. (BWI) of 123 Main St., Podunk, Iowa | |(the 'Seller ') | |OF THE FIRST PART | |– AND – | |Jim Doe of 456 First St., Secondville, Michigan | |(the 'Purchaser ') ... Show more content on Helpwriting.net ... The Seller will not be liable in any way for any delay, non–delivery or default in shipment due to labor disputes, transportation shortage, delays in receipt of material, priorities, fires, accidents and other causes beyond the control of the Seller or its suppliers. If the Seller, in its sole judgment, will be prevented directly or indirectly, on account of any cause beyond its control, from delivering the Goods at the time specified or within one month after the date of this Agreement, then the Seller will have the right to terminate this Agreement by notice in writing to the Purchaser, which notice will be accompanied by full refund of all sums paid by the Purchaser pursuant to this Agreement. Remedies 14. The Purchaser 's exclusive remedy and the Seller 's limit of liability for any and all losses or damages resulting from defective goods or from any other cause will be for the purchase price of the particular delivery with respect to which losses or damages are claimed, plus any transportation charges actually paid by the Purchaser. Cancellation 15. The Seller reserves the right to cancel this Agreement: a. if the Purchaser fails to pay for any shipment when due; b. in the event of the Purchaser 's insolvency or bankruptcy; or c. if the Seller deems that its prospect of payment is impaired. Notices 16. Any notice to be given or document to be delivered to either the Seller or Purchaser ... Get more on HelpWriting.net ...
  • 5. Essay on Acceptable Use Policy Acceptable Use Policy Purpose. The purpose of this Acceptable Use Policy is to provide guidelines which will be applied in determining acceptable use of this Web site, and to notify you of the terms of this service. As a user of this service, you agree to comply with this policy, the stated acceptable uses and the terms of service. Online Conduct. The intent of this policy is to make clear certain uses, which are and are not appropriate, not to exhaustively enumerate all such possible uses. ABC Credit Union will not monitor or judge all the content of information transmitted over this service, but will investigate complaints of possible inappropriate use. ABC Credit Union may at any time make determinations that particular uses are ... Show more content on Helpwriting.net ... Credit Union reserves the right to remove any material deemed inappropriate without notice to you. ABC Credit Union also reserves the right to disclose any content to law enforcement officials. You agree not to reproduce content found on this Web site. You also agree not to interfere with the operations of this site. Intentional interference with Credit Union's Web site or brute force attacks will be reported to your Internet Service Provider and/or the appropriate law enforcement authorities. Credit Union makes no guarantees as to the availability of this Web site. Further, it makes no guarantees that this Web site will meet with your requirements or expectations. Credit Union reserves the right to alter these terms of service at any time, without notice to you. Remedial Action. When Credit Union learns of possible inappropriate use it will take immediate remedial action. In an emergency, in order to prevent further possible inappropriate activity, ABC Credit Union may report you to your Internet Service Provider and have you temporarily disconnected from this service, or may report you to the appropriate law enforcement authorities. User Submissions. All information submitted to Credit Union via this site shall be deemed and remain the property of ABC Credit Union and Credit Union shall be free to use, for any purpose, any ideas, concepts, know–how or techniques contained in information you provide to this site. ABC ... Get more on HelpWriting.net ...
  • 6. Sales Agreement SALES AGREEMENT THIS SALES AGREEMENT (the "Agreement") dated this _1st_ day of April 2014 between: Brenda's Widgets Inc. (BWI) of 123 Main St., Podunk, Iowa 48158 (the 'Seller') –AND– Jim's Hardware Store (JHS) of 456 First St., Secondville, Michigan 49454 (the 'Purchaser') IN CONSIDERATION OF THE COVENANTS and agreements contained in this Sales Agreement, the parties agree as follows: SALES OF GOODS 1. The Seller will sell, transfer and deliver to the Purchaser on or before May 30, 2014, the following good (the 'Goods'): 10,000 widgets. Purchase Price 2. $5.00 per widget. The Purchaser will accept the Goods and pay for the goods with the sum of Fifty Thousand Dollars ($50,000) USD, paid ... Show more content on Helpwriting.net ... U.C.C. – ARTICLE 2 – SALES (2002) › PART 3. GENERAL OBLIGATION AND CONSTRUCTION OF CONTRACT › § 2–314. Implied Warranty: Merchantability; Whereas the seller warranties Goods, including but not limited to, any implied warranty of merchantability or fitness for a particular purpose. Purchaser does not assume, or authorize any other person to assume on behalf of Seller, any liability in connection with the sale of Goods. Seller's warranties do not, in any way, affect the terms of any applicable warranties from the manufacturer of the Goods. Title 7. Title of the Goods will remain with the Seller until delivery and actual receipt of the Goods by the Purchaser or, in the alternative, the Seller delivers a document of title or registrable Bill of Sale of the Goods, bearing any necessary endorsement, to the Purchaser. Security Interest 8. The Seller retains a security interest in the Goods until paid in full. Inspection and Acceptance 9. Inspection of the Goods will be made by the Purchaser at the place of delivery. Purchaser shall
  • 7. have 15 calendar days from date of delivery to inspect the goods and notify Seller of any defective goods. In the event the Purchaser is not satisfied with the condition of the goods, the Purchaser shall notify the Seller in writing within 10 days. Once the Purchaser notifies the Seller about the defective goods, the Purchaser will return the defective goods via the Purchaser carrier at the expense of the Seller within ... Get more on HelpWriting.net ...
  • 8. Conditions And Conditions Of A Contract Express and Implied Conditions / Warranties: Conditions and warranties may be express or implied. The one which is explicitly given in the agreement expresses the Conditions and Warranties. Similarly those which are suggested by law and custom if the agreement is passed then it is Inferred Conditions and guarantees where It can win an agreement despite of what is expected ,the offer that unless the gatherings consent Condition as to title: – There are implied condition on the part of the seller unless the circumstances of the contract shows a different perspective in every contract of sale that are as follows: At the time of sale the seller has the right to sell the goods And in the case of an agreement to sell the seller needs to wait till the time when the property is to pass as per the law Conditions and warranties are those in which two parties agrees for the contract ... Show more content on Helpwriting.net ... Relying on the description by the seller the buyer buying the goods without seeing the goods 2. Even after seeing the goods the buyer don't relies on what he has seen but relies on what was stated to him and the deviation of the goods from the description is not apparent. 3. The buyer can reject the goods when the goods do not confirm to be the method of packing described by the ... Get more on HelpWriting.net ...
  • 9. Specification Of The Model : Garch Essay SPECIFICATION OF THE MODEL GARCH (1, 1) MEAN EQUATION Sensex Returns = C1 + C2*CR+ e ––––––––– (1.1) Nifty Fifty Returns = C1 + C2*CR+ e ––––––––– (1.2) Sensex and Nifty Fifty returns – is the dependent variable and FTSE 100 is the independent variable VARIANCE EQUATION – THIS IS THE GARCH (1,1) MODEL Ht =C3 + C4 Ht–1 + C5*e2t–1 + C6*CR –––––––––––––– (1.2) Here, Ht= variance of the residual (error term) derived from equation 1.1 and 1.2 (current day's variance or volatility of Index return) III. DATAANALYSIS In case of Sensex it was observed that the highest Abnormal Return(AR) recorded in the pre–event period ranging from the lowest value of –0.012869276 with a t value of –1.57172299 (statistically not significant)on day –5 to the highest value of 0.01440066 with a t value of 1.75875066 (statistically not significant)on day –6. However, in the post–event period the highest Abnormal Return (AR) recorded ranging from the lowest value of –0.012429592on day 3with a t value of – 1.518024403(statistically not significant) to the highest value of 0.019001654 on day 12 with a t value of 2.320669509 (statistically significant). On the event day i.e. Brexit results announcement day the abnormal return was0.025392241 with a t value of 3.101151087 (statistically significant). The Sensex results show that in –15 to +15 days event window period, none of the Abnormal Return (AR) were statistically significant at conventional level of 5% other than day 12 and day 0 the event ... Get more on HelpWriting.net ...
  • 10. The Service Agreement Is Made Between Client, And Coach Service Agreement This service agreement is made between Client xxxxxxxx and Coach Jennifer Gomm as of xxxxxxxxxxxx. WHEREAS, Client desires to receive certain consulting services from Coach and Coach desires to provide such services on the terms and conditions set forth herein. NOW, THEREFORE, for mutual consideration, the receipt and sufficiency of which is hereby acknowledged, Client and Coach hereby agree as follows: Description of Services. Coach agrees to develop and provide the services set forth in Exhibit A attached hereto (the "Services") Delivery of Work. Coach and Client agree that the Services shall be provided on such dates and at such locations as the parties hereto in good faith mutually agree to. Methodology. In providing the Services, Coach will employ a range of methodologies to suit Client's personal values and style. Client agrees to be open minded and partake in methods proposed. Client understands that Coach makes no guarantees as to the outcome of the Services, and Client hereby acknowledges that Coach is not an employment agent, business manager, or financial analyst. Credit Card Authorization (If Applicable). Client acknowledges that Coach, in consideration for the Services, will exchange the credit card chosen by Client on the dates and for the amounts specified in Exhibit B attached hereto. Compensation (If applicable) Client acknowledges that Coach, in consideration for the Services, will charge the credit card chosen by Client on ... Get more on HelpWriting.net ...
  • 11. Advantages And Disadvantages Of Density Forecasts The density forecast of a random variable is an estimation based on the past observed data. This is a symmetric interval prediction which means that the outcomes will fall into an interval that is a band of plus/minus a fixed times of standard errors. The estimation provides a probability distribution of all possible future values of that variable. Over the past decades, the price density forecast has been widely used to study microeconomic and financial issues. Forecasting the future development of the economy is of great importance for proper government monetary decisions and individual risk management. A good macroeconomic density forecast presents a subjective description of inflationary pressure and other information related to economics. ... Show more content on Helpwriting.net ... Although the methods they first used have many drawbacks, these analyses still help governments in understanding the macroeconomic environment and making adjustments to current monetary policy. The oldest quarterly survey of macroeconomics forecasts in the US is the Survey of Professional Forecasters (SPF) whose name changed to ASA–NBER survey later (Diebold, Tay and Wallis, ... Get more on HelpWriting.net ...
  • 12. Lawsuit for Wrongful Death, Negligence and Breach of Warranty Facts The plaintiff Michael Aloe, widower of Robin Aleo, brought a suit individually and on behalf of his wife's estate in Massachusetts/ U.S. First Circuit, against SLB Toys, Amazon.com Inc., Toys "R" Us, and Amazon.com Kids, Inc., after his wife dies from injuries sustained when an inflatable pool slide collapsed while she was sliding down. The decedent was attempting to slide down head first in an inflatable, in–ground swimming pool slide imported and sold by Toys R Us. The pool slide collapsed and caused her to strike her head on the concrete deck of the pool. The decedent fractured two cervical vertebrae and suffered a severed spinal cord. She died the following day after she was removed from life support. In 2005, Toys R Us started ... Show more content on Helpwriting.net ... A consumer should be able to assume that when they follow the instructions properly, a slide pool should remain inflated when they use it, without causing any unreasonable danger or harm. Secondly, Aloe can allege for negligence which lead to the wrongful death of his wife because Toys R Us did not follow the required testing procedures for compliance with Federal Safety Standard. In addition, Toys R Us are negligent for having only one employee in their safety assurance department who received approximately 4,000 certificates of this kind per month. Furthermore, Aloe could also make a strong argument by imposing strict liability in tort on Toys R Us for personal injuries that result from selling a defective product with design defect that is unreasonably dangerous to the consumer without proper testing and compliance with Federal safety standard for such products. Aloe could also appeal for both compensatory and punitive damages for the loss which could be economic (such as lost income, medical expense) or non economic (such as pain and suffering and loss of consortium, meaning the loss of someone's active presence and enjoyment in their life). Discussion from plaintiff's side Aloe could argue that the cause of death of his wife is due to the defective and unreasonably dangerous product that Toys R Us knowingly sold in the market. The regulation ... Get more on HelpWriting.net ...
  • 13. Business Law Introduction: E&Z Electronics is a retailer which purchases L&G products in bulk and then sells them to customers. Recently a customer, El. Hajji Mohammed bought an L&G washing machine from E&Z electronics who later on suffered legally recognizable damages. The washing machine resulted in not only injuring Mohammed but also causing destructive damages to his home. The issue here is, could the court hold both L&G electronics and E&Z electronics liable for the damages caused to the plaintiff El. Hajji Mohammed? Warranties: Most good sold have warranty which is made to protect consumer from future likelihoods of product default. The seller sometimes may claim these warranties impliedly or expressly. They also may ... Show more content on Helpwriting.net ... The important element of Negligence is that, a seller / manufacturer owes an inherent duty of care in making sure that all foreseeable injuries to others are avoided in the making of a product. To win a negligence case, the plaintiff must prove that the defendant failed in: Duty of care, as there must be a duty owed to the plaintiff, a failure to take care during the manufacturing process, resulting in a particular product being defective. Breach, as the duty must be breached of warranty, Once it is established that the defendant owed a duty to the plaintiff, the matter of whether or not that duty was breached must be settled. all members of society have a duty to exercise reasonable care toward others and their property. Factual cause, as the injury must have been caused by the defendants actions, For a defendant to be held liable, it must be shown that the particular acts or omissions were the cause of the loss or damage sustained. It should be asked whether the injury would have occurred but for, or without, the accused party's breach of the duty owed to the injured party. if a breaching party materially increases the risk of harm to another, then the breaching party can be sued to the value of harm that he caused. Foreseeable harm, as it must have been foreseeable that the action would cause this kind of harm Injury, as the plaintiff ... Get more on HelpWriting.net ...
  • 14. Five Skin Disorders Analysis The five skin disorders that I learned in class and on healthcommunities.com were lice, eczema, psoriasis, ulcers, and wound care. Below I am going to explain the five disorders. Lice– Starting of I would aware the patient that anyone can get it, no matter how "clean" they are. I would also, as a medical assistant, explain to them the different treatments. Letting the patient know to not share combs, pillows, brushes, etc. is very important. Also letting them know to only use medication as prescribed is important. Eczema– As a medical assistant I would explain the condition. Let them know it is not contagious. Make the patient aware that there's several types and treatments for eczema, and to explain it. Lastly let the patient know that ... Get more on HelpWriting.net ...
  • 15. Terms And Conditions Of Service Terms Of Service Last Updated : 31st October 2016 Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the http://www.muusic.fm website (the "Service") operated by Muusic.fm ("us", "we", or "our"). Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service. By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service. Content Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material ("Content"). You are responsible for the Content that you post to the Service, including its legality, reliability, and appropriateness. By posting Content to the Service, you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights. You agree that this license includes the right for us to make your Content available to other users of the Service, who may also use your Content subject to these Terms. You represent and warrant that: (i) the Content is yours (you own it) or you have the right to use it and ... Get more on HelpWriting.net ...
  • 16. Human Resources BILLING ADDRESS KIEM TAT EMBASSY SUITES SFO Prepared By: Gordon Stirling Regional Director 415–568–8321 415–358–4671 FAX gstirling@afproducts.com SHIPPING ADDRESS KIEM TAT EMBASSY SUITES SFO 250 GATEWAY BLVD SAN FRANCISCO, CA 94101 Email kiem.tat@hilton.com Phone 6505893400 Fax 6508760305 250 GATEWAY BLVD SAN FRANCISCO, CA 94101 Email kiem.tat@hilton.com Phone 6505893400 Fax 6508760305 Quoting Option: HEADPHONES Quote Date 02/21/2012 Quote ID 635 Terms Net 15 Est Lead Time 2–4 WEEKS Ship Via DROP SHIP Qty Brand Entertainment 2 ADVANTAGE Item AFPAVID– AE831PK Description AFP STEREO HEADPHONE (50 PACK) 50 PACK ADVANTAGE OVER THE HEAD STEREO HEADSET BLACK HEADBAND, SILVER SATIN EARCUPS 6' CORD, 3.5MM PLUG, INDIVIDUALLY ... Show more content on Helpwriting.net ... (c) AFP will endeavor to deliver such equipment purchased by Customer on the desired delivery date, but does not guarantee time of delivery, and shall not be liable for any loss, damage, or expense arising out of, or in connection with, any delay in delivery however caused. In the event of any delay in delivery, non–delivery or any other obligation of AFP due to causes beyond AFP's control, including, without limitation, acts of God, acts of Customer, acts of civil or military authority, war, riots, civil unrest, floods, earthquakes, strikes, lockouts, delays in or lack of transportation, and failure of suppliers for similar reasons, the time for AFP's performance shall be automatically extended for a period equal to the time lost by reason of such delay. AFP's failure to deliver any equipment on the desired delivery date shall not be grounds for Customer's cancellation of its order. RETURNS Should any equipment arrive at Customer's destination in a damaged condition or should a shortage occur, Customer must report the nature and extent of the damage or shortage to AFP within 5 business days of delivery. In no case is any equipment to be returned to AFP without AFP's prior written authorization. Returned equipment must be ... Get more on HelpWriting.net ...
  • 17. What Is The Theme Of Mental Cases By Wilfred Owen Wilfred Owen's "Mental Cases" offers a rather distinct characterization of World War I soldiers after their participation in the battle. While they are usually portrayed as the brave, handsome and trained heroes of a nation, in this poem the reader confronts the reality of the soldiers' atrocious mental state as they returned home filled with terror and nightmares of the battlefield. The poet's main objective of presenting the characterization that will be further explained is to shock the reader with the graphic and brutal scenes the soldiers had to experience during combat and expose the physical and mental consequences of war, highlighting the destruction and terror it brought to humanity. As to the why of this purpose, Owen, having experience ... Show more content on Helpwriting.net ... However, the phrase 'back into their brain' refers once again to the memories coming back and tormenting the abandoned men, as well as the affirmation that dawn bleeds afresh, showing that the soldiers are not able to heal and no matter how much time passes, they still remember the scenes of war freshly. In addition to this, the onomatopoeias used in the last four verses: plucking, picking, snatching and pawing, construct an image of the men crawling helplessly and grasping desperately with their animalistic claws at a society that has turned their backs to them. This connects back to Owen's purpose of getting society's attention and comprehension of the mentally injured men so they can help them. In this same stanza, a visual imagery that goes back to the idea of the living death of the first stanza is introduced with the words set–smiling corpses. 'Corpses' refers directly to the skeletal and abdominal figures described in the beginning, but with the addition of the adjective 'set–smiling', not only is an oxymoron built, but it also shows the taunting and dismal stare of men that suffer from shell shock, reinforcing again the consequences of ... Get more on HelpWriting.net ...
  • 18. Gm520 Final Exam Random |1 |What is a multilateral treaty? | | | | | |a. | | |a treaty related only to military action | | | | | |b. ... Show more content on Helpwriting.net ... | | |a mistrial is granted. | | | | | |b. | | |a summary judgment is granted. | | | | | |c. | | |the defendant has ... Get more on HelpWriting.net ...
  • 19. Pine Tree Inc. Case Study Pine Tree, Inc. Case TEAM 5 Nataly Santos, Asad Waseer, Christian Morfin , Ali Almutairi, Zhano Kirakosyan Class #13385 Due; Monday, April 18th MEMORANDUM DATE: April 18, 2016 TO: Daniel Martinez, Manager of Risk Management Department FROM: Team 5 SUBJECT: Pine Tree, Inc. Mr. Martinez: Our firm has analyzed the Pine Tree Inc. case concerning analysis regarding the fire that took place at one of the Burger Ranch restaurants in Canoga Hills, Gould. Our firm's focus was to review the financial data provided by Mr. Washington on the issue of liability for damages of lost profits. Our firm consisted of experienced entities that looked over topics such as legal matters, statistics that provided all the necessary knowledge in analyzing the facts and issues of the case. Our findings include future recommendations and strategic considerations that will assist in precluding a similar situation from arising. Please feel free to contact us with any questions regarding the information provided. It was a pleasure working with you and we hope to work with you again in the future. Regards, Team 5 In deciding if Pine Trees was liable for the damages to Burger Ranch, first it must be determined whether or not their contract was valid. In order to determine if their contract was valid, it must be determined if there was an offer and acceptance. First, Burger Ranch submitted a purchase order to Pine Trees Inc. for 137 decorated ... Get more on HelpWriting.net ...
  • 20. Advertisement / Commercial Content Served Or Enhanced By... 7. Advertisement / Commercial Content Served or Enhanced by Flought Our goal is to deliver advertising and other commercial or sponsored content that is valuable to our Floughters and advertisers. In order to help us do that, you agree to the following: 1) You give us permission to use your name, profile picture, content, and information in connection with commercial, sponsored, or related content (such as a brand you like) served or enhanced by us. This means, for example, that you permit a business or other entity to pay us to display your name and/or profile picture with your content or information, without any compensation to you. 2) You understand that we may not always identify paid services and communications as such. 8. Special Provisions Applicable to Advertisers If you use our self–service advertising creation interfaces for creation, submission and/or delivery of any advertising or other commercial or sponsored activity or content (collectively, the "Self–Serve Ad Interfaces"), you agree to our Self–Serve Ad Terms. In addition, your advertising or other commercial or sponsored activity or content placed on Flought or our publisher network will comply with our Advertising Policies. 9. Special Provisions Applicable to Pages If you create or administer a Page on Flought, or run a promotion or an offer from your Page, you agree to our Pages Terms. 10. Special Provisions Applicable to Software 1) If you download or use our software, such as a stand–alone ... Get more on HelpWriting.net ...
  • 21. Consumer Behavior Analysis Protocols: Protocol 1 Anticipatory I have been longing for one sunglass for a long time after I accidently stepped on my old one and broke it. Since summer is on the way, nice and sunny weather has always reminding me to think about consumption. Unfortunately, I am such a picky person that I determined to get the perfect fit only for my special. My criteria are primary focused on the quality, brand, and the style. Probably style can be considered as the most important one because I want everything I possessed to reflect my personal conception. Price is an important but not most significant element for me because I tend not to use budget to restrict my preference. Apparently, around Bellingham area, the only place I can think of ... Show more content on Helpwriting.net ... (Latent want is created of awareness of products potential) VI. Beliefs expressed or implied by this protocol More expensive, the better (Generated–Adaptive–Advice to reduce risk) Guess specialized and is well famous on Sunglasses (Generated–Adaptive– Reputation) Well known brands are usually guaranteed quality (Generated–Adaptive–Seek Guarantee) Protocol 3: VII. Goals Seek Not to buy that expensive luxury again (Generated–Integrative–economic) VIII. Wants Expressed Want some alternatives if time can go back IX. Beliefs expressed or implied by this protocol Student shouldn't buy Luxuries (cognitive dissonance) Conclusion It seems like the consumption experience is not rational, at least from my experience. The ideas the buyer hold at the beginning is not what they think during the consumption process and would change eventually at the end. Especially buying an expensive item which requires more consideration would cause great cognitive dissonance at the end. Some buying require active decision making but some are not. During the retrospective process, buyer always has new wants and somewhat discomfort on the decision made. I have some trouble defining the new goal want and beliefs into the scheme on the retrospective stage. In this model, some buyer even thought buy the products, they could still return it in one month to reduce ... Get more on HelpWriting.net ...
  • 22. Arvo Lake, a Retired Seventy-One Year Old Man, Bought an... Arvo Lake, a retired seventy–one year old man, bought an air conditioner in May. The unit was installed and operated according to the manufacturer's specifications. Unbeknownst to Lake, the unit contained a hole in the refrigeration system that allowed Freon, the coolant, to escape from the unit. By August, the unit had ceased cooling, and Lake's residence reached a temperature of at least 96 degrees Fahrenheit. The heat caused Lake to suffer from hyperthermia, which caused circulatory failure and then death. The executor of Lake's estate sued the manufacturer of the air conditioner for damages resulting from breach of warranty. Which warranties, if any, has the manufacturer of the air conditioner breached? For a manufacturer to be ... Show more content on Helpwriting.net ... The large number of handlers in the process of manufacturing and packaging a product typically makes it difficult to prove when and how the manufacturer was negligent. The breach of the warranty is that the A/C was defective due to a design defect, and the manufacture is liable for the harm it cause to Lake Breach of warranty–based product liability claims usually focus on one of three types: 1. Breach of an express warranty – An express warranty is a guarantee from the seller of a product that specifies the extent to which the quality or performance of the product is assured and states the conditions under which the product can be returned, replaced, or repaired. It is often given in the form of a specific, written "Warranty" document. However, a warranty may also arise by operation of law based upon the seller's description of the goods, and perhaps their source and quality, and any material deviation from that specification would violate the guarantee. For example, an advertisement describing a product is often full of express warranties; the product must substantially conform to what is advertised. Many advertisers insert disclaimers for this purpose (e.g., "actual color/mileage/results may vary", or "not shown actual size"). Commonly, written warranties will assure the buyer that an article is of good quality and against defects in "materials and workmanship." A warranty may also apply to services that ... Get more on HelpWriting.net ...
  • 23. Which Jurisdiction Should Govern The Agreement Between The... The issues are what jurisdiction shall be used to govern the deal between the parties, issues with the formation of the agreement, warranties, warranty damages, consequential damages, search costs, lost profits, recession. The first issue is determining which jurisdiction should govern the agreement between the parties – Article 2 of the Uniform Commercial Code, the Common law, or the CISG? When the subject matter of a transaction is for the sale of goods, Article 2 of the UCC is used to analyze the deal between the parties. Article 2 of the UCC governs the formation, performance, and damages. When the subject matter of the transaction is not for the sale of goods or is to provide a service, the common law is used to analyze the deal between the parties. The Common law governs formation, performance, and damages. When the transaction is for non–consumer goods and between parties from different nations, the Contracts for the International Sale of Goods is used to govern the transaction. The CISG governs formation, performance, and damages. In this case, the party's agreement would be considered a hybrid contact as the agreement includes a goods component, as well as a service component. Since the agreement between the parties is a hybrid contract we can use the Predominate Purpose Test or the Gravamen Test to determine whether the UCC or the Common law should govern. Using the Predominate Purpose Test we can look at what the predominate purpose of the contract was for– the ... Get more on HelpWriting.net ...
  • 24. An Analysis of the Essay Math and After Math by Lensey... Before Reading Math and After Math Essay by Lensey Namioka What are you really GOOD at? RI 1 Cite textual evidence to support analysis of what the text says explicitly as well as inferences drawn from the text. RI 2 Determine a central idea of a text and analyze how it emerges and is shaped and refined by specific details. RI 3 Analyze how the author unfolds a series of ideas or events. RI 4 Determine the meaning of words as they are used in a text. L 5 Demonstrate understanding of word relationships. Knowing what you're good at can take you a long way toward finding work and activities that you enjoy. In "Math and After Math," Lensey Namioka describes how she first embarked on one career path and then later discovered her true talent. ... Show more content on Helpwriting.net ... 4. The detective's analytic approach to solving problems led him to the killer. 5. Your hypothesis will not stand up to further testing. Complete the activities in your Reader/Writer Notebook. Author Online Go to thinkcentral.com. thinkcen KEYWORD: HML HML9–481 481 After Math lensey namioka "Seven!" shouted the teacher. Or did he shout "Four"? I shrank down in my seat. Math class was an absolute nightmare. The teacher scared me so much that my hands got sweaty, and my fingers slipped on the abacus1 beads. I was in the second grade when I discovered that I suffered from abacus anxiety. The trouble was that I was going to a school where the teacher spoke a different dialect. I grew up with Mandarin, the dialect spoken by the majority of the Chinese. When the eastern part of China was occupied by the Japanese, our family moved inland, to a region where I could barely understand the local dialect. Writing was pretty much the same in any dialect, so in language and history classes I didn't have trouble with what was on the blackboard. My problems started in the math class, where we had to learn the abacus. Before the days of the calculator, the
  • 25. abacus was the main tool for adding and multiplying. It still is, in many parts of China (as well as in countries like Japan and Russia). The abacus teacher would shout out the numbers he wanted us to add or multiply. My ears didn't always understand what he said, so seven, for ... Get more on HelpWriting.net ...
  • 26. Notes On Forex Trading Strategies News Web Site Agreement DISCLAIMER Forex Trading Strategies News Web Site Agreement The Forex Trading Strategies News Web Site (the "Site") is an online information service provided by Forex Trading Strategies News ("Forex Trading Strategies News "), subject to your compliance with the terms and conditions set forth below. PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING THE SITE. BY ACCESSING OR USING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SITE. Forex Trading Strategies News MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT ON THE SITE. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF THE SITE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT. 1. Copyright, Licenses and Idea Submissions. The entire contents of the Site are protected by international copyright and trademark laws. The owner of the copyrights and trademarks are Forex Trading Strategies News, its affiliates or other third party licensors. YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE SITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE. You may print and download portions of material from the different areas of the Site solely for your own ... Get more on HelpWriting.net ...
  • 27. Torranty Claim There are most definitely ways that my business could be exposed to breach of warranty claims do to the nature of the product. My company could be subject to both an expressed and implied breach of warranty if my product fails to fulfill my written stated requirements on both quality and effectiveness of my product, a selectively inhibiting hair growth product. Due to the fact that my product would be a one of a kind on the market, I would create an expressed warranty to ensure potentially skeptical consumers that my product does indeed work, potentially even creating an expressed warranty that includes a money back guarantee. Misrepresentation could also be claimed by a plaintiff if my product falsely advertises that it inhibits hair growth. The implied warranty of merchantability could be breached if indeed my product did not inhibit hair growth, as my product would not fulfill the original purpose the product was created for. a. Will your business be exposed to any product liability claims? Why or why not? My business could be exposed to all three theories ... Show more content on Helpwriting.net ... In regards to the defense against age discrimination, I could claim that it is a business necessity for my employees to be able to learn and to know how to operate electronics' such as an IPad that are essential to my business operations and success. Similarly, I could claim business necessity as a defense to employment discrimination in reference to a morbidly obese worker who is unable to perform his/her daily operations (climbing flights of stairs, working long shifts that require the worker to be on their feet) due to their weight. In reference to race and religion, I do not believe there would be any successful defenses raised against our case of religious discrimination, however if I do not have a workforce of fifteen employees, Title VII would not apply to my ... Get more on HelpWriting.net ...
  • 28. Jumpstarter Inc. vs. Bob Hartley Essay Jumpstarter Inc. vs. Bob Hartley Name Institution Jumpstarter Inc. vs. Bob Hartley Introduction Jumpstater Inc had developed a product, Jumpstarter I, which was a pacemaker intended to regulate the heartbeat of an individual in the body. At the end of the nineties, the company discovered that the device became faulty when the body temperature increased above normal. To reverse the damage, the firm asked the medical facilities that had any unused product to return them to the company for credit. Additionally, Jumpstarter Inc. advised practitioners to remove any device that had already been implanted in the patients. Bob Hartley, a physician that had used the product in some of his patients, had to perform some serious ... Show more content on Helpwriting.net ... Defendant In essence, Jumpstarter Inc may utilize comparative fault defense to seek partial liability in the case. Ideally, contributory negligence in the Jumpstarter case would attempt to have the plaintiff as a contributor to the harm caused. The use of comparative fault defense by Jumpstarter Inc would, therefore, be although the pacemaker failed and the applicant's case may be watertight, the defendant would still win because there was a timely recall of the product. The defendant would use the affirmative defense to agree and sympathize with the harm caused to the plaintiff but still assert that they did their part by recalling the product. Everyone In the case against Jumpstarter Inc., the plaintiff, Bob Hartley, will win. The rationale for this is because the manufacturer violated the law by damaging the confidence of their customers through the provision of faulty products. Recalling a product and fighting a legal case at the same time is not ethical. This action shows that the defendant does not take full responsibility for their negligence and the damage caused by their faulty goods. The best way to show remorse and full liability for the breach of the implied warranty, the contract would be to recall the product and give compensation to the ... Get more on HelpWriting.net ...
  • 29. Fuller's Business Ethics Ethics and Responsibilities go hand in hand. With businesses that develop products for the public, the decision making process is crucial. Before one can make a judgement for what is right and wrong, one must understand to a degree the consequences of those actions. Businesses have responsibilities for the product they manufacture and distribute, but how much responsibility is too much. In this perspective, we will examine the ethical implications of product manufacturing of Product Quality, Pricing, and Labeling and Packaging. With Product Quality, the responsibilities of a business are simple. Develop a low cost, high quality product that withstands the normal limitations of it's use. Quality can be defined as doing the ... Show more content on Helpwriting.net ... This would violate the standard of product quality, which is to create a high quality, low costing product as mentioned earlier. To further illustrate, Fuller's Company provides industrial glues, coatings, and paints. If a consumer buys an industrial glue, and it does not work as effectively due to the addition to the noxious oil, this is an example of doing the wrong thing. On the other hand, if the glue works as promised, but the consumer gets sick while using the product the correct way, this is an example of the right thing, done the wrong way. Lastly, if the glue holds for some, and does not for others, then the company has failed to do the right thing, the first time, and every time. This would make this product one of poor quality, and that is unethical. Companies can avoid unintentionally creating poor quality products, and create a peace of mind with their consumers with the use of warranties. Warranties are obligations to purchasers that sellers assume. (Shaw, 226) The two types of warranties include express, and implied warranties. Express Warranties are specific promises made by a seller, whether orally, or in print. These promises usually include a description of items, the assurance that the product will work as designed, and factual statements. Concerning case 4.3, an example of an express warranty ... Get more on HelpWriting.net ...
  • 30. No Bargaining Power And The Internet Boom Of The 1980 ' S Since the software and Internet boom of the 1980's, there has been the existence of click–on, (aka click–through, click–on license, or click–wrap agreement), End User License Agreements (EULA) and Terms of Service (TOS) contracts. These contracts require the user to give assent to "lease" the program or website by clicking on an" I agree" or "I disagree" button which either confirms that the user has read the EULA or TOS and is giving assent to those terms, or is rejecting those terms and therefore is making the decision not to use the product. They are found in every sort of medium from web–based programs like Facebook and Instagram to installed software such as Adobe and McAfee. The terms are usually implied warranties, limit ... Show more content on Helpwriting.net ... Luckily for "Big Software", the law doesn't require that the user read through all of the terms for the contract to be binding. Currently the law, namely the Uniform Commercial Code (UCC), has no warranty protections for the consumer who leases these programs, although courts have tried to use it to interpret individual software warranty, privacy, and breach of contract cases. The poorly received and executed Uniform Computer Information Transactions Act (UCITA) was designed based on Article 2 of the UCC but has only been adopted by Maryland and Virginia. While UCITA has been extensively protested by consumers, the legal and intellectual property law communities state their objections that the Act upholds the root of the problem, overly aggressive contract terms (Kaner). The authors of the UCC, National Conference of Commissioners on Uniform State Laws (NCCUSL), and the American Law Institute (ALI) need to draft viable regulations for both software companies and consumers that level the playing field. Another issue that arises for the end user is the fact that they are only freely using or purchasing a license, or right, to these online products in comparison to purchasing a tangible good at a store. When the NCCUSL revisited the UCC to make an amendment (Article 2B) to include regulations for software licenses, the ALI pulled out of the deal, and the ... Get more on HelpWriting.net ...
  • 31. Legal Writtinbg Essay Correction This story is replete with fascinating facts and the intricacies that are inherent in the facts of the case make for a great story.The baseball bat was broken from the outset when it was bought by the plaintiff. Therefore, the defendant should have to return the baseball bat and pay the money back to the plaintiff that plaintiff paid for said bat. The plaintiff bought a baseball bat from the defendant and the baseball bat turned out to be broken because, since as soon as the defendant used the bat to play baseball, the bat shattered into a million pieces. Shattering into a million pieces certainly violates the implied warranty of merchantability under the Uniform Commercial Code (UCC 2– 314). No Industria De Calcados Martini Ltda. v. ... Show more content on Helpwriting.net ... I can't show exactly where in the U.C.C. it says this, but that's the general feeling I got from reading the U.C.C. This story is replete with fascinating facts and the intricacies that are inherent in the facts of the case make for a great story. The plaintiff bought a baseball bat from the defendant and the baseball bat turned out to be broken because, as soon as the defendant used the bat to play baseball, the bat shattered into a million pieces. Shattering into a million pieces certainly violates the implied warranty of merchantability under UCC 2–314. Industria De Calcados Martini Ltda. v. Maxwell Shoe Co., 36 Mass. App. Ct. 268 (Mass. App. Ct. 1994) Also, there's a case that expounded upon this issue and told us that a baseball bat can't crack when it's used normally. Otherwise, the store has to give back the money to the plaintiff. Dudzik v. Klein's All Sports, 158 Misc. 2d 72 (N.Y. J. Ct. 1993). The information that can be clearly drawn from these cases is if someone buys a baseball bat, it must be in the condition that was represented to the heretofore named parties. At least, the bat must be in sufficient marketable condition so that the implied warranty owing from the party of the first part to the party of the second part must be sustained. Also, as if those cases weren't enough, the UCC 2–314 demands that goods must be in good condition when they are ... Get more on HelpWriting.net ...
  • 32. Essay on Exam FINS 5535 Derivatives and Risk management Techniques Group Assignment Implied Volatilities & Volatility Smiles 1. Why does the target cell in the Solver minimization reference the control variate estimate of the American Put option instead of the value as implied by the tree? It is because that control variate estimate is more accurate than the implied value by the tree. The error of the binominal tree can be reduced by using it only to calculate the difference between the price of the American and the equivalent European options with the same strike and the same time to maturity. 2. Use Solver to find the implied volatilities for all put options with strike prices between $70 and $100 that are divisible by 5 and ... Show more content on Helpwriting.net ... Enter a start date of your choice and then enter in the field for expiration date =settlement+182 for the first maturity. Submit the table and the graph. 5. Fix the time to maturity at 365 days. Now vary the strike price as before and also vary the interest rate between 1.0%, 4.0% and 7.0%. Submit the table and the graph. 6. Describe briefly how the EEP depends on the parameters we varied in this exercise. From the results we observe that early exercise premium increases at different maturity dates for the same strike price and when varying strike price with the same maturity date the early exercise premium increases non linearly in an upward trend. The shift in the trending from options 1, 2, 3 can be explained by the maturity, as maturity increases an American option is more worthwhile because more node exist where it is possible for us to exercise early. From the results early exercise price as a function of strike price, maturity and interest rate, increases when we hold maturity constant and vary the other two. The shift in trending can be explained by the increase in interest rates for options 1, 2, 3 respectively. When interest rate is increased the present value of the underlying drops and the likeliness of the option being in the money increases and therefore the value of put option increases. Oscillation in the Binomial Tree 7.
  • 33. ... Get more on HelpWriting.net ...
  • 34. The Pros And Cons Of Breach Of Warranty Everyday billions of consumers purchase products across the entire world. As natural consumers, this is a way to buy things that are seen as beneficial for whatever the reason may be. This could include benefitting one's health or well–being or simply meeting personals wants and needs. In the United States, buying and selling products is so common that many underlying factors of what goes into the process go unnoticed, up until something goes wrong. As a consumer, you naturally expect that what you are buying is 100% safe, secure, and authentic because most of the time this is the case. However, for the times when something does go wrong, it is important to know the legalities of product liability as both a producer and a consumer. "Product liability is the legal liability manufacturers and sellers have for defective products that cause injury to the ... Show more content on Helpwriting.net ... The term also covers a failure of a statement or agreement by a seller of property which is a part of the contract of sale, when the truth of the statement is necessary to the validity of the contract (USLegal, 2007)." Breach of warranty claims come in two forms– an express warranty or implied warranty. An express warranty is one that is explicitly stated from the manufacturer or seller to the consumer. Most express warranties are made in written statements, warning stickers, informational tags, etc. Although, an advertisement or a product sample that demonstrates how the product is properly used may also be used to make an express warranty claim (Rottenstein Law Group, 2010). Contrary to this, an implied warranty is not explicitly stated. Instead, an implied warranty is based on the reasonable expectations of the buyer. For example, when a shopper buys a lamp, they expect it to light up the room without the lightbulb getting so hot that it starts a fire. This would be a reasonable expectation of the ... Get more on HelpWriting.net ...
  • 35. Sales Agreement : Sales Agreements Sales Agreement THIS SALES AGREEMENT (the "Agreement") dated this 17th of December, 2015 BETWEEN: Martin Shimer of Longmont, Denver, Colorado, Raffaele Balzo of Longmont, Denver, Colorado, and Talia Corleone of Longmont, Denver, Colorado, collectively and individually (the "Seller") OF THE FIRST PART –AND– Alexander Lima of 2161 Nicholson Dr. , Baton Rouge, Louisiana and Adriana of 2161 Nicholson Dr., Baton Rouge, Louisiana Collectively and individually (the "Buyer") OF THE SECOND PART IN CONSIDERATION OF THE COVENANTS and agreements contained in this Sales Agreement the parties to this Agreement agree as follows: 1. Sales of Goods 1.1. The seller will sell, transfer and deliver to the buyer on the or before the 15th day of December, 2015, the following goods (the 'Goods'): Sundry watches, jewelry, a treasure chest of coins, cell phones, and pill bottles. 2. Purchase Price 2.1. The buyer will accept the Goods and pay for the Goods with the sum of sixty thousand (16,000.00) USD, paid in cash as required in clause 4 of this Agreement. 3. 3.1. The Seller and the Buyer both acknowledge the sufficiency of this consideration. In addition to the purchase price specified in this Agreement, the amount of any present or future sales, use, excise or similar tax applicable to the sale of the Goods will be paid by the Buyer, or alternatively, the Buyer will provide the Seller with tax exemption certificate acceptable to the applicable taxing authorities. 4. 4.1. The Buyer will make ... Get more on HelpWriting.net ...
  • 36. Comparison Between Raphael And Leonardo Da Vinci's Last... Art is a conversation between the artist and the audience, and through which the artwork is the medium between both. The artist, as the author of the piece, generates the message, plans the piece, and executes it to the best of his abilities. The audience, on their part, uses past experiences and knowledge of the artist and artwork to interpret the work,(which interestedly can lead to multiple conclusions of the work that are far distant from the artist's original understanding). Then there is the artwork itself: it is the passive participant whose influences beyond that of the artist and the audience is time. Throughout history, this has been the case–Raphael and his Galatea, and Leonardo da Vinci and his Last Supper–but in more recent times, ... Show more content on Helpwriting.net ... This is done through the process by which he created the piece: he generated the dimensions of each block according to a mathematical premise and then he sent the plan to a factory to have the blocks fabricated. Through this process he had ten identical blocks made. Thus, the piece maintains only a distant connection to the artist who created it, and resembles that of the mass production in which the industrial designer creates a general plan that the factory workers then replicate repeatedly. This elimination of the artist's involvement is also illustrated in the title of the piece , "Untitled": through the intentional act of not giving the piece a name, Judd therefore refuses to impose any preconstructed view on the piece. By eliminating himself from the conversation as much as possible, Judd focuses the attention toward the interaction between the piece and the audience, and particularly the piece. Of course, it is questionable whether the artist truly removed himself, and his views, from the work. Establishing now that no exterior influences beyond the process of art are affecting the piece, I now consider the interior influences of the piece: that is, the elements of art and ... Get more on HelpWriting.net ...
  • 37. Data And Methodology For Research DATAAND METHODOLOGY In this chapter, data collected for analysis will be discussed. The paper will continue with discussion of the variables included in the sample. Relevance of the variables for the research will be assessed basing on theoretical and empirical evidence. Sample data description Building on the research of previous studies in the area of credit risk, this paper investigates the US corporate bond markets from January 2006 to December 2013. Data on bonds and issuers is extracted from Bloomberg database. According to objectives of the study, the firms, which issued corporate bonds, are chosen in financial and industrial sectors. To identify the corporate bonds that are relevant for research, the following criteria are applied in this study: Bonds are issued by publicly listed corporations in financial and industrial sectors. Bonds are US–denominated and issuers of bonds are officially registered in the US. It is implemented to narrow the scope of this study only to the US bonds. Bonds are actively traded. Bonds that matured before December 2013 are not included in the sample. Bonds that do not have option–like features or any other special properties. This means that sinkable, convertible, puttable and callable bonds, and corporate bonds with floating rates, inflation–indexed bonds are excluded. To enter the sample, data on bond must provide at least 25 months of consecutive observations. Bonds with a maturity more than one year. Bonds are ... Get more on HelpWriting.net ...
  • 38. Case Study Of Paperrater You are solely responsible for, and agree to hold harmless and indemnify (including the reimbursement of legal and accounting fees and costs), PaperRater, its agents, affiliates, representatives, licensors, and licensees, against any claim arising from content you submit as well as content submitted by a third party using your computer or IP address. You also agree that neither PaperRater nor anyone acting on its behalf has any responsibility to you or to any third party for your breach of these Terms of Use or from violating a third party's rights, such as intellectual property rights. Liability and Indemnity We do our best, but mistakes happen so use this site at your own risk. We make no guarantees about the accuracy or reliability of ... Show more content on Helpwriting.net ... PaperRater may display third–party content including links to third–party web sites. This content is the sole responsibility of the entity making it available. We may review it, we may remove it, we may refuse to display it at all, but we have no obligation to do so. PaperRater does not endorse nor is it responsible for content on third–party sites, so access it at your own risk. Privacy Our Privacy Policy explains how we treat your personal information. By using PaperRater, you are agreeing to its terms. If you find content on PaperRater that you believe infringes on the intellectual property rights of you or another, please email us at support@paperrater.com the information requested below in accordance with the U.S. Digital Millennium Copyright Act: 1. identification of the protected work 2. identification of the content at issue on PaperRater, with the URL where it is located on PaperRater or information detailed enough for us to locate it; 3. your name, address, telephone number, and email address; and if you are representing the owner of the intellectual property, the name of the owner 4. a statement that you ... Get more on HelpWriting.net ...
  • 39. The All Tech Tricks Web Site The All Tech Tricks Web Site (the "Site") is an online information service provided by All Tech Tricks (" http://www.alltechtricks.in/"), subject to your compliance with the terms and conditions set forth below. PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING THE SITE. BY ACCESSING OR USING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SITE. All tech tricks MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT ON THE SITE. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF THE SITE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT. 1. Copyright, Licenses and Idea Submissions The entire contents of the Site are protected by international copyright and trademark laws. The owner of the copyrights and trademarks are All Tech Tricks, its affiliates or other third party licencors. YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE SITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE. You may print and download portions of material from the different areas of the Site solely for your own non–commercial use provided that you agree not to change or delete any copyright or proprietary notices from the materials. You ... Get more on HelpWriting.net ...
  • 40. Weaknesses Of The Black Scholes Model 1. Introduction In 1973, Fischer Black, Myron Scholes and Robert Merton derived the Black–Scholes model of modelling derivatives prices for European stock options (Black & Scholes, 1973) and (Merton, 1973). This model has great importance on how traders determine the price and ways to hedge derivatives since the 1970's (Hull, 2012), and led to other derivative instruments that have similar characteristics to option. Fundamentally, the Black–Scholes model make sure of a simple formula to determine the price of an option contract using the underlying asset's price and its volatility, the strike price and the market risk–free interest rate (Merton, 1973). An option is a contract to buy or sell a specific financial product which the value is derived ... Show more content on Helpwriting.net ... Nonetheless, Black–Scholes model remains popularly used for estimating the price of European style options. In fact, the Black–Scholes theory has been used as a standard in the financial world (Ray, 2012). The weakness of the Black–Scholes model will be evaluated in later sections together with solutions to tackle some of these limitations. 3. Strengths The Black–Scholes model is widely used due to the following strengths: 1. The formula is considerably easy to calculate. The call option price subjects to only five parameters which are deducible or measureable. It uses simple mathematical terms and option prices can be calculated within a short period of time. 2. It gives a very good approximation despite not perfectly correct due to the non–constant volatility. The model helps to give a first approximation in establishing hedges in the correct ratios to minimise risk. In addition, the non–constant variables, which are reflected as the Greeks, could be hedged to mitigate the risk associated with these parameters. 3. It provides a fundamental framework for future research to extend or refine it. Many literatures have be subsequently produced to evaluate the claims of the ... Get more on HelpWriting.net ...
  • 41. Examples Of Statement And Assumptions Statement and Assumptions Introduction: Statement represents information communicated with others. Buried message within in a statement is called as assumption. In these types of questions there will be a statement given along with assumptions. We need to analyze the statement and which of the assumptions contains the buried message. Examples: Following questions given below contains a statement and two assumptions. Find which of the assumptions implied by the statement. Choose any of the following options. a. If only assumption A is implicit b. If only assumption B is implicit c. If either A or B is implicit d. If neither A nor B is implicit e. If both A and B are implicit 1. Statement: Bala's condition would improve after this surgery. ... Show more content on Helpwriting.net ... If only conclusion A follows b. If only conclusion B follows c. If either A or B follows d. If neither A nor B follows, and e. If both A and B follow 1. Statement: In India, Parents are ready to spend any amount for their children's education. Conclusions: A. Now a days, all parents are well off. B. Parents want to have their children bright future through good schooling. Ans: by analyzing the statement we can conclude that the parents want to have their children bright future thro good schooling and they are ready to pay any amount in this regard and does not imply that all are well off. Therefore the right answer is option 'a'. 2. Statement: any Men asks dowry for his marriage, low esteeming himself and disrespecting the women in the society. Conclusions: A. men who don't ask dowry, respects womanhood. B. society criticizes those who take dowry. Ans: by analyzing the statement we can conclude that the dowry is an evil practice and therefore
  • 42. society condemns those who take dowry and also dishonor to woman hood. Hence right answer is 'e'. Problems: 1. Statement: A zoo has as many deer's as it has Monkeys. Two third of the animals in the zoo are old and one–fourth of the animals are at breeding ... Get more on HelpWriting.net ...
  • 43. Business Law Case study 5 A dealer sold a new car to Raymond Smith. The sales contract contained language expressly disclaiming liability for personal injuries caused as a result of defects in the car and limiting the remedy for breach of warranty to repair or replacement of the defective part. One month after purchasing the auto, Smith was seriously injured when the car veered off the road and into a ditch as a result of a defect in the steering mechanism of the car. If Smith sues the dealer for breach of warranty and the dealer defends by relying on the contract disclaimer, what would be the result and why? In this case study, we are assuming the contract entered into between Raymond Smith, the buyer, and the auto dealer, the seller, is a legal ... Get more on HelpWriting.net ...