Warranty and Contracts Essay Example for Free

Warranty and Contracts Essay Did the â€Å"I accept† note scribbled on the napkin mailed to Ms. Daughtery create a binding contract between the two parties over the sale of 1965 Corvette Stingray, even though she has not received the acceptance note yet? Yes this is a binding contract between the two parties. While this may be an unconventional acceptance of an offer, it is still binding contract between our client, Mr. deCapo and Ms. Daughtery.  Ms Daughtery sent our client an offer note on February 13, 2008, selling her 1965 Corvette Stingray for the amount of 25,995 plus all title transfer fees. Approximately thirty days later our client Mr. deCapo sent Ms. Daughtery his acceptance of her terms for the sale of her vehicle with the additional cost for title transfer fees. Our client chose accept her terms, via a note on a napkin and sent in the mail. The note sent from Ms. Daughtery is in fact a valid offer of sales to Mr. deCapo. It was a simple offer and only asking the price of the car as well as transfer title fee. Once Mr. deCapo accepted the offer it became a binding contract. Even though Ms. Daughtery has not received the acceptance note from our client, according to the mailbox rule once it went into the mail it became a binding contract. There were no stipulations in Ms. Daughtery’s note to a specific timeline, the thirty days it took our client to respond has no bearing. The performance is the means of acceptance in this case under the mailbox rule. The mailed acceptance is a reasonable form to commit to the offer. If our client was responding with a revocation of his offer this would not be acceptable under the mailbox rule. Especially if it was sent after the acceptance was sent. The offer of acceptance would  arrive first therefore making it a binding contract between the two parties. In the case Adams v. Lindsell, â€Å"The acceptance was mailed on September 5; was not received until September 9. The offeror changed his mind in the meantime and claimed there was no binding contract. But the court held the contract was formed on September 5 when the acceptance was mailed† (www.kentlaw.edu). There is nothing about this process that would cause this to not be a valid binding contract. The note was sent by Ms. Daughtery and the acceptance was sent by our client. The acceptance became valid once the scribble acceptance napkin by our client was put in the mail. Even though Ms. Daughtery has not received the communication from Mr. deCapo it does not change the fact that he has accepted the offer from Ms. Daughtery. There was never a communication of an in-person delivery of the acceptance nor was there a stipulation of an expired time period for the acceptance offer, thus making this a binding contract between our client and Ms. Daughtery. Seller warrants that: (1) Clarice Daughtery (seller) is the sole owner of the vehicle; (2) such vehicle is free of all encumbrances, security interests, and other defenses against seller; (3) the cash price of $25995.00 and the additional amount all transfer title fees; (4) the vehicle will be delivered to and accepted by Leo deCapo (buyer) on day of payment; (5) Leo deCapo is of legal age and legally competent to execute the contract on the date thereof; (6) all disclosures to buyer and other matters in connection with such transaction, are in all respects as required by, and in accordance with, all applicable laws and regulations governing them. (7) Inspection and Acceptance of Vehicle: the buyer will assume cost of the inspection of the vehicle, if the vehicle is not found to be mechanically sound per sellers description; buyer  shall return vehicle and cancel payment of check. Inspection and Acceptance of Vehicle: 4 hours prior to completion of transaction. (8) The seller and/or buyer agree to sign related documents necessary to complete the sale to establish title. Dated: Resources Mailbox rules cases, retrieved on February 5, 2011, www.kentlaw.edu//classes/contracts/Docs/offer_acceptance/​mailbox%​20rule%​20cases.rtf South University Online Lectures, retrieved on February 5, 2011 http://myeclassonline.com Twomey, D. and Jennings, M. (2008) Business Law and Legal Environment 21st ed.

Genetic Engeneering of Food Essay -- Environment Science Debate Engine

Genetic Engeneering of Food Throughout the United States and the rest of the globe, genetically engineered food products are becoming increasingly used in agricultural and manufactured food goods. Because of the increase of genetically altered foods, an increasing population has become hesitant to accept the products and agriculture derived from genetic engineering. The large increase in genetically engineered foods has proved to have adverse health effects on humans. These health risks are becoming increasingly common as we continue to genetically alter foods. The main health concerns of genetic modification include virus spread, antibiotic resistance, and allergen effects. Genetic modification should stop and organic farming should be used instead for the future health of the planet. Provided evidence will support the claim that, genetically engineered food will have lasting effects on the population, the health in each of the provided categories will decline, and world hunger will actually increase with th e high amounts of genetically altered food products. Genetically modified foods are altered through inserting foreign genes or chromosomes to receive a desired trait or effect in the plant. According to Lappee and Bailey (1998) the most common form of genetic modification the chromosomes inside the nucleus which contains the blueprint information for building the plant or fruit. A genetic engineer will identify the chromosome which of the desired trait, which they wish to alter. Inserted into the DNA strand of the chromosome is a gene that the team wishes to modify. Along with the gene is a marker gene which scientists can use to locate the new gene. Together the team of genes is called an insertion package and... .... For the good of the nation and the world it is important for people to know, that they don?t have to eat what corporate business wants them to. Bibliography: Barnett, A. (2000, August 13). What?s Wrong with Our Food? Retrieved March 31, 2002 from web at: http://www.netlink.de/gen/Zeitung/2000/000813.html Cummins, J. Cauliflower Mosaic Virus Recombination , When and Where? Retrieved March 31, 2002 from web at: http://www.twnside.org.sg/title/mosaic-cn.htm Grogan, J. & Long C. (2000). The Problem with Genetic Engineering, Boston MA: Pearson Custom Publishing. Lappe, M. & Bailey, B. (1998). Against the Grain: Biotechnology and the Corporate Takeover of Your Food. Monroe, ME: Common Courage press. Wolfson, R. Synthetic Genetically-Engineered Bio-Tech Foods Retrieved March 31, 2002 from web at: http://eagle.westnet.gr/~aesclep/bioengl.htm

Organisational Behaviour †Personalities Essay

Organisation : a group of people working towards the same goal. Human Resource Management : a function in organisations designed to maximise employee performance in service of their employer’s strategic objectives. HR is primarily concerned with how people are managed within organisations, focusing on policies and systems. Organisational Behaviour : studies the impact individuals, groups, and structures have on human behaviour within organisations. It is an interdisciplinary field that includes sociology, psychology, communication, and management. The companies which interest people do better financially. Exercise 1 – Knowing Yourself Who am I: creative, worried, thoughtful, planner, enthusiastic Personality and Individual Differences: Nature and Nurture Fixed in the short run Particularly salient in â€Å"weak† situations Organisational Personality Why is Personality needed? For recruiters to see what individual is needed for a jon To see what careers are better for us To manage employees to understand their natural capabilities and where they will find most satisfaction Personality at work: Fundamental personality traits, the Big 5: Openness to Experience Conscientiousness Extraversion – Introversion Agreeableness Neuroticism – Emotional Stability Individual Differences (Affectivity, EQ, Type A/B) Openness to Experience: OE has implications for peiple’s willingness to be original and take risks. It is essential during change, jobs involving risk, and oriented towards innovation Conscientiousness: Strong link between this and performance. Is it a limiting factor at work? Is it ever beneficial to break the rules at work? Extraversion: have a greater tendency to experience positive emotional states. They outperform introverts in managerial and sales jobs. Good for jobs involving frequent social interaction. Agreeableness: No clear research between agreeableness and performance. A low agreeableness may be an advantage in certain jobs, a higher agreeableness may be helpful for a team player. Neuroticism: Link to performance is unclear, however this is not necessarily bad. It is linked to negative affectivity. At work, they may be more critic of their own work, and may be more persistent in work. CORRELATIONS Emotional Intelligence (EQ) – the extent to which an individual understands and can relate to him/her-self and others (Goleman, 1998). The ability to recognize and regulate our own emotions The ability to recognize and influence others’ emotions Social Skill: The skills we use to communicate and interact with each other, both verbally and non-verbally, through gestures, body language and our personal appearance. Managing relationships to move people in desirable directions. Can be developed through motivation, practice and feedback. Can only be learned with desire and concerned effort. Be in a social environment, feel comfortable.

What Lies Beneath The Meaning Beneath the Surface of...

In the early morning hours of April 15, 1912 over two thousand crew and passengers were awoken to the ghastly scraping of ice upon the Titanic’s hull. As the dying ship slowly descended beneath the waves and into the deep cold waters of the North Atlantic, the culprit of this gruesome scene was apparent. This was the work of the gigantic mountain of ice protruding from the dark waters. But ultimately what caused the destruction of the â€Å"Unsinkable Ship† and took the lives of fifteen hundred innocent souls was not the formidable ice face that arose from the freezing waters, but instead the unseen structure twice its size that lurked beneath the surface. Ernest Hemingway does the same thing to his readers that the iceberg did to the titanic. In Hemingway’s writing it is undeniably what lies beneath the surface, what remains unsaid, that truly shakes the reader to their core. Like other American writers, such as Mark Twain and Stephen Crane, Ernest Hemmingway w orked as a journalist before beginning his career in literature. As a rule, journalists are directed to report just the facts without extra information or â€Å"fluff.† This minimalist writing style stuck with Hemmingway throughout his work, and became the basis of his â€Å"Iceberg theory† or â€Å"Theory of Omission.† Hemmingway first wrote of his new theory in his personal diary, later released posthumously. Speaking on the end of his story â€Å"Out of season† he said: I omitted the real end of Out of Season which was that theShow MoreRelatedThe Deep Significance of Setting in â€Å"The End of Something,† by Ernest Hemingway1361 Words   |  5 Pagesstory, â€Å"The End of Something,† Ernest Hemingway uses the setting to signify important elements of the story and to uncover unresolved dilemmas. Just as many writers do, Hemingway uses the setting to establish values within a work of literature. By using the setting to represent points that are buried within the story, Hemingway displays his Iceberg Theory in which he writes his short story by omitting or hinting at the main points. Hemingway believes that the true meaning of the story should not be evidentRead MoreANALIZ TEXT INTERPRETATION AND ANALYSIS28843 Words   |  116 Pagesï » ¿TEXT INTERPRETATION AND ANALYSIS The purpose of Text Interpretation and Analysis is a literary and linguistic commentary in which the reader explains what the text reveals under close examination. Any literary work is unique. It is created by the author in accordance with his vision and is permeated with his idea of the world. The reader’s interpretation is also highly individual and depends to a great extent on his knowledge and personal experience. That’s why one cannot lay down a fixed â€Å"model†