Big Time Toymaker V. Chou Essay Example for Free

Big Time Toymaker V. Chou Essay 1. At what point, if ever, did the parties have a contract? I believe that there were two contracts made in this scenario. The first one was the verbal contract that sated that the stipulations of price and the fact that there needed to be a written contract before distributing the product. The email, since it was in writing can also count as a written contract; both parties had knowledge that there would be some sort of written agreement. Chou was in the right to think that the email stating the key terms and agreements counts as a contract. 2. What facts may weigh in favor of or against Chou in terms of the parties’ objective intent to contract? The facts that Chou was in a verbal agreement with BTT will be helpful in proving that they had a preliminary agreement pending a written one. The fact that an email was sent to him with all the key terms, price, time frames and obligations is also helpful in proving that Chou had a valid agreement with BTT. I believe that that email would count as a binding contract since both parties had a promise pending performances. This was a mutual assessment in which there was an offer by BTT and an acceptance by Chou. 3. Does the fact that the parties were communicating by e-mail have any impact on your analysis in Questions 1 and 2 (above)? In a way it does because when I think of an agreement I think of it as a written and signed agreement by both parties. However BTT did not specify in what kind of writing this contract needed to be. They did not specify if there was need to sign, notified or have witnesses for the contract. Email communication between two people describing the key terms of a contract and having both of them acknowledge the key terms to me serves a contract. While there was no signature, it had both parties’ names on it, it could be said that it was an E-signature. Also we have to keep in mind that the terms were also discussed verbally prior to the email being sent. 4. What role does the statute of frauds play in this contract? I believe that this email communication meets the statute of frauds and the fact that it had the named of the people in business counts as a contract. There have been cases were the name at the end of an email counts as a signature, example Stevens v. Publicis, were the publicis won because the name of both parties were in the written emails. In this case both parties names are on the emails and that signaled both parties intent to do business. 5. Could BTT avoid this contract under the doctrine of mistake? Explain. Would either party have any other defenses that would allow the contract to be avoided? I think that BTT might have a chance to void the contract under the doctrine of mistake because they can claim that Chou misunderstood the fact that the emails meant that he was able to go ahead and distribute the product, making it a bi ding contract. However it was clear that the email stated the facts of the contract and BTT did not specify that Chou should in fact continue to draft the contract for both parties to sign. I think that BTT would have a hard time voiding the contract under the doctrine of mistake. I think that fact there was no specification to how the contract would be written leaves a lot of vague results. BTT should have been more specific in their emails saying that Chou should still have to draft a contract agreement and that the email was not enough for the contract. In this scenario BTT would have a ch ance at voiding the contract. 6. Assuming, arguendo, that this e-mail does constitute an agreement, what consideration supports this agreement? The fact that BTT promised distribution rights to Chou pending an agreement counts as consideration. In this case, something of value was put on the line by both parties, entering them into an agreement to exchange mutual performances. In this case there was also a value that we can determine, and that was $25,000 paid to Chou in exchange for exclusive negotiation rights. I think that consideration was present in this agreement, making a valid contract. At the end of the scenario, BTT states that it is not interested in distributing Chou’s new strategy game, Strat. Assuming BTT and Chou have a contract, and BTT has breached the contract by not distributing the game, discuss what remedies might or might not apply. In this scenario the remedies that would apply would be, compensatory damages because in this case Chou suffered a loss of potential profits that he would have made by his new game. It would also repay him as if BTT had not breached the contract. I think that if he could not claim compensatory damages then he would also be able to claim consequential damages because it states that it compensates the non-breaching party for foreseeable indirect loses. It also states that it involves a unique circumstance beyond the contract. In this case the contract BTT made was taken over by someone else who at the end did not want to do business with Chou. Restitution and Liquidated damages do not applied to this because there was no unjust enrichment by BTT due to the breach of contract. BTT and Chou did not agree to any damages ahead of time there fore liquidated damages does not apply.

Football Essay examples -- Sports Game

  Ã‚  Ã‚  Ã‚  Ã‚  Though beaten, bloody, and drained of energy, the two teams in competition still thirst for victory and strive to defeat their opponents. Both teams can smell victory in the air and give their all to come out on top of this football game. All kinds of emotions stir, and as the men pound at each other constantly, the crowd roars. Because of all of the intensity involved in the game, football is on of the world’s most popular sports, however, understanding the game of football is not easy. Football is a complex sport in its origin, evolution, and rules of the game.   Ã‚  Ã‚  Ã‚  Ã‚  It is said that the forerunner of American football was a game called â€Å"harpaston,† played by the ancient Greeks. Similar to modern football, the object of harpaston was to move a ball across a goal line by kicking, throwing, or running with it. However, most modern versions of football originated in England in the twelfth century. A certain form of football was known during this time, and it became so popular that it was banned because it took away from the military sport of archery. Modern football is a mixture of soccer- where a ball is kicked to opposite goals by two opposing teams and they have to defend their own goal and try to kick the ball into the opposite goal, and rugby- in which players run with the ball and tackle each other.   Ã‚  Ã‚  Ã‚  Ã‚  The first football game was known as the â€Å"Boston Game,† and was played at Harvard University. Harvard accepted a challenge from McGill University, who played a sport somewhat like English Rugby Football. In the early years of football, each team used twenty-five players at a time. In 1873, it was reduced to twenty players, in 1876 to fifteen players, and in 1880 to eleven players, where it has remained.   Ã‚  Ã‚  Ã‚  Ã‚  The modern game of football is played on a field 100 yards longs and 53.5 yards wide. Each team defends on end of the field, which is known as an end zone. The end zone is another ten yards added on to the length of the field on each side. The object of the game is to carry, pass, or kick the ball into the opposing end zone and to score. In the middle of the back of each endzone are goalposts, through where the ball is kicked to score points. This is known as a field goal, which is worth three points. Carrying or passing the ball successfully into the endzone is called a touchdown, which is worth six points. Then, the team has the opti... ...ave evolved to hard plastic and are equipped with a protective face mask. The shoulder pads are much larger and are also made of plastic and foam, which absorbs much more of the impact. The thigh, hip knee, and tail (commonly known as butt pads) pads are made of foam and prevent the player from injured while being hit in the lower body. The equipment used today is much more safe than it was in the early days of football and has evolved for the better over the years. Football players today have much less to worry about as far as hurting while getting hit.   Ã‚  Ã‚  Ã‚  Ã‚  Football is one of the most popular sports today, and for good reasons. The intensity involved is football is unlike any other sport, and this attracts people to football. The way the game has evolved over the years also intrigues audiences to gather around to watch. The sports industry today has become a great part of entertainment in the world. Because football is a very large portion of the sports industry, it is very important to many people. Large groups of people dedicate their entire lives to the game of football and without it, the world would be a completely different place. Sources New World Encyclopedia 1991

Nike: Building a Global Brand

| Nike: Building a Global Brand| MKTG 4082W| | 1. Nike’s brand image, a set of emotions, feelings, and experiences with the brand, developed over time through advertising campaigns and consumer experiences with Nike. The core attributes of Nike’s brand image include high performance, innovation, and aggressiveness. Nike positioned itself as a company that makes products for athletes, by athletes. They tailor their products for serious/winning athletes and also stress their point-of-difference to be performance, as opposed to Reebok, whose point of difference is style.Nike is perceived as a high performance brand and they always make performance a top priority, which is a key building block for their brand image and brand equity. They designed more durable, lightweight shoes that were tailored for runners and allowed them maximize their athletic ability. Nike, from the beginning, was open to input from runners and listened to their needs and wants, sharing their true pas sion for running. By doing this, they were able to design a shoe that performs well and meets the demands of serious athletes.In addition to performance, Nike is an innovative brand and that can be seen by the introduction of innovative products to the market like the Waffle Trainer, Air Max, and Air Jordan shoes. When looking at the Consumer Brand Equity Pyramid (Exhibit A), Nike’s source of brand equity comes mostly from salience and performance. Nike used brand associations in order to establish a positive brand image and build their brand equity by endorsing popular, successful athletes like Michael Jordan and Tiger Woods. These associations convey the American spirit of competition and winning and work very well in the United States.Nike capitalized on how much Americans idolize their favorite athletes and it once again projected their image of high performance and their dedication to serious athletes. Their advertisement campaigns also helped build their brand equity by increasing awareness, as can be seen with the Air Max, Air Jordan, and Just Do It ads that conveyed powerful brand statements and reflected Nike’s attitudes, while remaining â€Å"provoking and unique. † Nike successfully applied their new marketing formula of blending performance and attitude through strategic product development, endorsements, and advertising, which built their equity.Their perceived quality and brand credibility is based off of high performance and innovation and their brand loyalty is strong as well, stemming from their early relationships with runners to get feedback and input. In addition, they used a â€Å"finger on the pulse† strategy to hit the streets and really find out what was on the minds of consumers, in terms of brand perceptions. Another source of brand equity for Nike is their Swoosh logo and as of 2000, 97% of Americans recognize it. 2. I am not surprised that the irreverence characteristic of Nike advertising in the U. S. id not sit well with many European consumers. The culture in Europe differs from the one in America and European consumers vary in significant ways from Americans. Nike introduced many changes in their marketing mix to tap into the European and Asian markets. They established a grassroots allegiance of local sports teams, mainly with soccer, tennis, and rugby. In addition, they evolved their marketing strategy to a two-tiered approach. Individual markets featured ads with local stars, while all of Europe saw ads that featured popular sports like soccer, tennis, and track.Nike also focused its attention on the 1992 Barcelona Olympics, raising their overall global advertising and promotion budget to $240 million. With the rising popularity of basketball in Europe and Asia, Nike also planned to lead its marketing charge with its strong stable of basketball superstars. In addition, Nike implemented a global advertisement campaign during the 1994 World Cup, recognizing that soccer was the best way to enter new markets. In Asia, Nike abandoned its brash advertising attitude and celebrated local athletes as heroes in their ads.Overall, Nike had a kinder, gentler marketing approach with ads that projected a more international image (use of Tiger Woods and Ronaldo in ads). Nike’s new focus was to be seen as culturally, geographically, and personally relevant to local consumers abroad. I am not surprised that the advertising did not sit well with many Europeans because of the vast difference in the cultural aspects. Europeans saw Nike’s marketing actions as intimidating and too aggressive. Also, the brand did not have the history or heritage in the market and was starting more from scratch.In addition, fashion trends inevitably changed which caused Nike to be behind the curve. 3. To become a global corporation, Nike had to adopt a globalized strategy to build their global brand equity. They did this by broadening their portfolio of athlete endorsements and f ocusing their ad campaigns on different sports that were more popular in those areas. They kept the essence of the brand, the same core values, and stayed consistent with their marketing communications, but tailored to different regions by using local athletes.This was possible because they had 90% control of the marketing advertisement strategies in Europe and were able to stay consistent. As I mentioned before, Nike also sponsored global events like the Olympics and the World Cup, which increased their credibility and awareness on a global scale. Nike also reduced their overwhelming use of the Swoosh logo and their overall aggressiveness in their advertisements. In Asia, Nike was able to improve its brand equity by establishing the Corporate Responsibility Division and celebrating local athletes as heroes in ads. Exhibit A

Child of Rage Essay

In the Documentary â€Å"Child of Rage† a six and-a –half year old girl named Beth was severely traumatized when she was one year old. She started her life in tragedy when her father would sexually molest/abuse her. The result of his actions on Beth caused her to become unattached from people around her, including her brother, John, and he adoptive parents. She developed a consciousness that enabled her to hurt or kill without remorse. The results of Beth’s abuse caused her to have uncontrollable rage, which she took out on herself and her brother, John. As the documentary says she is a child,†Ã¢â‚¬ ¦who cannot love or accept love,† (Child of Rage, Gaby Monet, 1990). During Beth’s therapy sessions with Dr. Ken Magid, a clinical psychologist specializing in the treatment of severely abused children, she admitted to wanting to hurt her family. She wanted to stab her parents in their sleep. Beth said that the reason she wanted to do this because she did not want to be around people, she did not like people. It was mentioned that the sexual abuse that Beth had experienced as a younger child caused to commit inappropriate sexual acts, mainly against her brother, John. She would also begin to masturbate at inappropriate times and on a regular basis. Along with Signs of incontrollable rage inside of Beth started to show when she killed three baby birds, stuck pins in the household pets and John, pinch, squeeze, or kick John’s penis, would get up in the middle of the night and punch John in the stomach, and finally continuously hit John’s head on the concrete floor in the basement. As time went on without her getting the proper treatment her violent tendencies escaladed. Dr. Magid thought, for the wellbeing of the household, Beth needed to be temporarily separated from her family. So Beth was sent to a home that was run by an expert at raising children with early attachment disorders. At this home Beth began to develop a sense of right and wrong, along with responding to affection, and feels bad when she does something wrong. Beth healed a lot when she was at the special home for early attachment disorder children. Even though she has changed she will still need extensive therapy. Now Beth is about thirty years old and is doing very well for herself working as a pediatric nurse. She also currently works with adoptive mother, Nancy Thomas, and her company Families by Design promoting Attachment Therapy and its parenting methods through lectures and material sales. Beth, Nancy, and Terena Thomas co-authored the book Dandelion on My Pillow, Butcher Knife Below (2004). Beth Thomas sells DVDs of these films, along with her presentation on â€Å"Attachment Disorder† and Attachment Therapy parenting methods which she credits her mother with inventing. Amount of missing children under the age of 5 in the country: 800,000 kids reported missing every year. That is 2,000 children missing every day. Resources â€Å"Advocates for Children in Therapy† Beth Thomas, Original Text Material Copyright 2003-2011. Retrieved from: http://www.childrenintherapy.org/proponents/thomasb.html â€Å"Child of Rage† Documentary, Gaby Monet, featuring Beth, John, Nancy, and Tim Thomas. Year 1990. Retrieved from: https://www.youtube.com/watch?v=g2-Re_Fl_L4 â€Å"Missing Children Statistics: At A Glance† Stop Predators. Protect Kids. United States of America. Copyright 2013. Retrieved from: http://www.child-safety-for-parents.com/missing-children-statistics.html

To kill a mockingbird - boo radley [updated] essays

To kill a mockingbird - boo radley [updated] essays In the novel, To Kill a Mockingbird the children develops a strange relationship with a mysterious character known as Boo Radley. Jean Louise Finch, known as Scout with her brother Jeremey Finch, known as Jem, and their friend Charles Baker Harris are drawn to Boo Radley because of the mystery that dominates him and the Radleys house and, of course their own curiosity. Although the relationship starts out of fear and mystery, that is mostly created by superstitious gossip of the neighbours, the understanding of Boo Radley increases as time passes, until the monster that is Boo, is transformed into a human being, which is his real nature. While the background of the Boo Radley legend may be true, the reader can see that the superstitions of him being a monster is hard to believe and there is much more to Boo Radley. From the neghbours in Maycomb, background of Boo Radley is generally the same. Long ago, Mr. and Mrs. Radley sometimes ventured out into town, but usually kept to themselves at home. They worshiped at home as well. The Radleys had two sons, Aurthur Radley and Nathan Radley. Aurthur Radley joined a group of boys, that resembled that of a gang. They committed rude and sometimes wicked deeds, but nobody told Aurthurs father about his behaviour. One night, the boys resisted arrest and locked Mr. Conner, a guard, in the courthouse outhouse. They came before the jury where Mr. Radley denied sending Aurthur to the industrial school, and promised the judge that he will give no more trouble. Aurthur Radley was locked in his house by his father as punishment and fifteen years passed since. Although this is the true story behind the legend, Jem, Scout and Dill, however, hears rumors that came from Miss Stephanie Crawford, the towns gossip. One of these rumors was an incident that happened when Aurthur was around thirty years old. It was said that Aurthur was sitting on the sofa cutti...

The Characters in All My Sons by Arthur Miller

The Characters in All My Sons by Arthur Miller Arthur Millers drama All My Sons asks a tough question: How far should a man go to secure his familys well-being? The play delves into deeply moral issues regarding our obligations to our fellow man. Divided into three acts, the story unfolds in the following manner: Act One: The friendly Keller household is introduced.Act Two: The truth about Joe Keller is revealed.Act Three: After facing the truth, the characters make final choices. Like other works by Arthur Miller, All My Sons is a critique of an overzealously capitalistic society. It shows what happens when humans are ruled by greed. It demonstrates how self-denial cannot last forever. And it is Arthur Millers characters who bring these themes to life. Joe Keller Joe seems like the traditional, amiable 1940s father figure. Throughout the play, Joe presents himself as a man who deeply loves his family but also has great pride in his business. Joe Keller has been running a successful factory for decades. During World War II, his business partner and neighbor, Steve Deever noticed some faulty airplane parts about to be shipped for use by the U.S. military. Steve says that he contacted Joe who ordered that shipment, but Joe denies this, saying that he was home sick that day. By the plays end, the audience discovers the dark secret Joe has been concealing: Joe decided to send the parts through because he was afraid that admitting the companys mistake would destroy his business and his familys financial stability. He allowed the sale of faulty airplane parts to be shipped to the frontline, resulting in the death of twenty-one pilots. After the cause of the deaths was discovered, both Steve and Joe were arrested. Claiming his innocence, Joe was exon erated and released and the entire blame shifted to Steve who remains in jail. Like many other characters within the play, Joe is capable of living in denial. It is not until the plays conclusion that he ultimately faces his own guilty conscience - and then he chooses to destroy himself rather than deal with the consequences of his actions. Larry Keller Larry was Joes oldest son. The audience does not learn too many details about Larry; the character dies during the war, and the audience never meets him - no flashbacks, no dream sequences. However, we do hear his final letter to his girlfriend. In the letter, he reveals his feeling of disgust and disappointment towards his father. The content and tone of the letter suggest that perhaps Larrys death was due to combat. Perhaps life was no longer worth living because of the shame and anger he felt. Kate Keller A devoted mother, Kate still holds on to the possibility that her son Larry is alive. She believes that one day they will receive word that Larry was only wounded, perhaps in a coma, unidentified. Basically, she is waiting for a miracle to arrive. But theres something else about her character. She holds onto the belief that her son lives because if he perished during the war, then (she believes) her husband is responsible for her sons death. Chris Keller In many ways, Chris is the most admirable character in the play. He is a former World War II soldier, so he knows firsthand what it was like to face death. Unlike his brother, and the many men who died (some of them because of Joe Kellers faulty airplane parts), he managed to survive. He plans to marry his late brothers former girlfriend, Ann Deever. Yet, he is very respectful about his brothers memory, as well as the conflicting feelings of his fiancà ©. He also has come to terms with the death of his brother and hopes that his mother will soon be able to peacefully accept the sad truth. Finally, Chris, like so many other young men, idealizes his father. His strong love for his father makes the revelation of Joes guilt all the more heart-wrenching. Ann Deever As mentioned above, Ann is in an emotionally fragile situation. Her boyfriend Larry was missing in action during the war. For months she hoped that he had survived. Gradually, she came to terms with Larrys death, eventually finding renewal and love in Larrys younger brother, Chris. However, since Kate (Larrys seriously-in-denial Mom) believes that her eldest son is still alive, she is mortified when she discovers that Ann and Chris plan to marry. On top of all this tragedy/romance material, Ann also laments the disgrace of her father (Steve Deever), whom she believes is the sole criminal, guilty of selling faulty parts to the military. (Thus, theres great dramatic tension, as the audience waits to see how Ann will react when she discovers the truth: Steve isnt the only guilty one. Joe Keller is guilty too!) George Deever Like many of the other characters, George (brother of Ann, son of Steve) believed that his father was guilty. However, after finally visiting in father in prison, he now believes that Keller was in fact primarily responsible for the death of the pilots and that his father Steve Deever should not be the only one in jail. George also served during World War II, thus giving him a greater stake in the drama, for he is not only seeking justice for his family, but for his fellow soldiers.

Fire service administration Essay Example | Topics and Well Written Essays - 500 words - 4

Fire service administration - Essay Example The case also comprised of varied civil cases, for instance, relatives of the dead and survivors who accused the then chief fire inspector for fraud and negligence. They state that he inspected the club at least twice and never indicated any faults made by the club owners in the club thus facilitating to the spreading of fire. Another civil case in the incidence is that of two brothers who owned the club accusing the white band floor using pyrotechnics without their permission. The latter equipments sparked up the fire before spread by the highly flammable flame. In the station nightclub fire, several functions of the US federal law to incidence like that are evident. For instance, the law ought to ensure safety of all its citizens everywhere at all times. For instance, the law required that station nightclub ought to have fitted certain safety equipments in the premises to combat occurrence of any such fatal incidences. The law also ought to be just and fair to all citizens. Certain accused parties like Michael and Jeffrey Derderian did not receive just sentences from their faults that spearheaded the ordeal. Public law generally encompasses of regulations set up by the federal regime and applies to all citizens in the government’s jurisdiction. These laws are set up by the government to oversee interactions between citizens and the state. However, in accordance to the United States criminal justice system private laws, it entails guidelines, standard operation procedures as well as regulations agreed upon by certain private entities to oversee their interoperations. Besides, the US government according to US federal constitution requires that certain social settings to attain a specific standard of safety requirements. According to station nightclub fire case, fitting of sprinklers in the club ought to be there as part of the