...From: Erin N To: Contracts Course grader Date: 12/13 Re: Assignment 1 MEMO FACTS Bernie lives in Richmond, VA and he decides on February 1 to advertise the sale of his 2006 Ford Fusion for $13,500 in the local newspaper. After several weeks and no offers he gets a call from Vivian on March 1st offering to purchase the car for $12,000. Bernie realizes he may not get any other offers and sets up to meet with Vivian on March 5th to complete the sale transaction. After the negotiations, Vivian agrees to pay $12,500 for the car but needs another 3 weeks to get the money. Bernie agrees to wait if Vivian agrees to put down $1,000. Vivian agrees and Bernie drafts the one page agreement. Bernie stills wants to keep an open mind that someone will give him a better offer in the meantime and writes the following in the agreement: “Bernie agrees to sell his 2006 Ford Fusion to Vivian for $12,500 and Vivian agrees to purchase the same for such price. The transaction shall take place no later than March 31. In the event that the seller breaches this agreement, the seller must refund the purchaser's deposit, but the parties shall be limited to this remedy and only this remedy. In the event that the buyer breaches this agreement, the seller may keep the buyer's deposit, but the seller shall be limited to this remedy and only this remedy.” Vivian reads and agrees by signing the contract. She then gives Bernie a check for $1,000. Shortly after this agreement, she realizes...
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...Teri is a firefighter who lives and works in Boston, MA. She recently decided to purchase a new home on the banks of the Charles River in Cambridge, MA so that she could walk to the Harvard library whenever she gets bored. Therefore, Teri decides to sell her home. She lists her home in an ad and receives an offer from Jack to buy her home for $300,000. Teri accepts the offer and they sign a contract to that effect. After the contract is signed, however, Teri learns of a Boston municipal rule that all firefighters must live within the Boston city limits. Since Cambridge is outside Boston, Teri decides that she can't move after all. She calls Jack and tells him that Jack will have to look for another house because Teri is not moving. Jack sues Teri in municipal court in Boston. He asks the judge for specific performance; i.e. to force Teri to sell him the house in accordance with the original deal. Teri argues that, although specific performance is usually appropriate in land sale contract cases, the judge has the discretion to deny specific performance. Teri argues that the unique facts of her case; i.e., that she can't move because of the Boston residence for firefighters rule, allow the judge to deny specific performance on this case. You are a law clerk in the municipal court in which the case is taking place. Please write an essay explaining whether or not the judge can deny specific performance to Jack in this case. Please use Massachusetts case law to the...
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...Contracts Assignment 1 Facts Bernie a resident of Richmond, Virginia decides to sale his 2006 Ford Fusion for $13,000.00 and places an ad in his local newspaper on February 1st. After several weeks without any inquiries, Vivian contacts Bernie on March 1st stating she will pay him $12,000.00 for the car. Bernie arranges to meet with Vivian on March 5th to complete the deal. Vivian comes to Bernie’s house on March 10th and says she will give Bernie $12,500.00 for the car; but she needs three additional weeks to come up with the money. Bernie agrees but only if Vivian puts down a deposit. Vivian agrees and Bernie drafts an agreement stated the sale will must take place no later than March 31st. Vivian reads and signs the agreement and gives Bernie a $1,000.00 check. After two weeks, Vivian realizes she will not be able to come up with the money. On March 24th Vivian contacts Bernie to inform him she’s pulling out the deal .Bernie says ok, but he will not be returning the deposit per the agreement terms. Vivian sues siting there was no mutuality of consideration and the contract was therefore void. Question Presented Is there mutuality of consideration in this case? Rule of Law In the case of Sayres v. Wheatland Group, L.L.C., 79 Va. Cir. 504 (Va. Cir. Ct. 2009) it is stated that mutuality of contract. When there are promises on each side that something shall be done for the benefit of the other side furnishing therefor considerations by each party, although they may relate...
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...Contract Creation and Management Assignment (Option 2) David Williams LAW/531 September 24, 2012 Michael Kelley Contract Creation and Management Assignment (Option 2) Recently I reviewed a video about a Software company suing another Video company because they did not pay the amount owed for leasing editing equipment. According to personnel at the Video Company, the equipment did not work properly and they didn’t know the company signed a lease. They thought the equipment was provided for free on a 30-day trial basis. However, an employee of the company signed documents to receive the equipment and found out later that she actually signed the lease for the equipment. The Software Company assumed that the employee had the authority to act on behalf of the Video Company. However, she didn’t have the authority to sign the lease. The Video Company contacted their attorneys to review the case. The attorneys are trying to get the case reviewed through arbitration. One employee admitted that he told the salesperson “you can make the arrangements with her”. The attorneys stated that the acknowledgement gives the impression that the employee was allowed to act as an agent on behalf of the company. The following discussions in this paper will focus on contract formation, administration, and legal remedies. Contract Formation Based on my review of the video, the employee (Janet) did act as an agent for the company. She’s also ordered and received supplies and other...
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...Question 1: Ian brings a claim for breach of contract against Ben. Discuss whether Ian and Ben formed an enforceable contract and whether Ian is likely to succeed with his claim An enforceable contract can be described as an agreement that can be enforced by the courts. However there are certain essential elements of a valid and enforceable contract. For this purpose, it is required that one party should make an offer and the other party should accept the offer. Similarly there should be a meeting of the minds. Other requirements of a valid contract our consideration and the capacity to enter into the contract. It needs to be noted that the law of contract provides that the party making the offer can revoke the same at any time before the other party has accepted the offer (Peel, 2007). At the same time, it is also required that the offer should be accepted unequivocally by the party to whom the offer has been made. In this regard, the postal role of acceptance provides that when post has been contemplative as the means of communicating the acceptance, the contract is considered to have been completed when the party accepting the offer, places the letter containing the acceptance in the mailbox. In this way, this rule is an exception to the general rule according to which, the acceptance is treated as concluded when the party making the offer receives the acceptance. The postal role was provided in the famous case of Adams v Lindsell (1818). In the same way, this rule has also...
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...negotiations. Vivian met up with Bernie at his place of residence on March 10th, they agreed on a purchase price of $12,500. Vivian informed Bernie that she needed an additional three weeks in order to obtain the funds. Bernie agreed to give Vivian until March 31st to purchase the vehicle under the condition that she put down a $1,000 deposit. Vivian agreed to the contract terms written by Bernie as shown below. Bernie agrees to sell his 2006 Ford Fusion to Vivian for $12,500 and Vivian agrees to purchase the same for such price. The transaction shall take place no later than March 31. In the event that the seller breaches this agreement, the seller must refund the purchaser's deposit, but the parties shall be limited to this remedy and only this remedy. In the event that the buyer breaches this agreement, the seller may keep the buyer's deposit, but the seller shall be limited to this remedy and only this remedy. Two weeks after the contract was signed, Vivian contacts Bernie to inform him that she will not be able to purchase the vehicle. Bernie refuses to refund Vivian’s $1,000 deposit based on the contract they agreed upon. [Issue] The issue is whether, under Virginia law, there was sufficient mutuality of consideration for the agreement to be binding, thereby allowing Bernie to keep Vivian’s deposit.) [Rule/Relevant Law] In American Agricultural Chemical Co. v. Kennedy & Crawford, 103 Va. 171 (Va. 1904), the court held that “The general rule of law is…where...
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...Contract Creation and Management Assignment In this paper I will give my analysis of the issues presented in the Contract Creation and Management simulation. Within the paper I will provide contractual resolutions that will offer the development of a plan that will defuse possible contractual disputes. Citizen Schwartz will be given rapid and economical dispute resolution options, while Span Systems will be given the resources to recoup a significant business relationship following a contractual dispute. In the simulation Span Systems, a small software company has been hired by a large well-known German bank, Citizen Schwarz AG. Citizen Schwarz has always been amongst the leaders in their industry and to stay atop of the industry, the company has hired Span Systems to develop custom software for the bank. The development of this new software will be the largest, most important project that the small software company has acquired in its existence. The two companies have reached a contractual agreement that is legally valid and contains all of the elements critical for making the contract binding and enforceable. A written agreement containing specific details of the promises made by Span Systems for providing the software package and outlining the demands of Citizen Schwarz for the components of the software, expectations of delivery and price for the sum $6 million has been accepted by both parties. Eight months into the project, there were several concerns...
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...Week 2 Assignment: Understanding Effective Money Management Assessment A, Part 1: Creating a Personal Financial Statement - Assets | 1 point | Car: Bluebook value $1250.00Cash: $378.00Savings Accounts: $826.00 | Assessment A, Part 2: Creating a Personal Financial Statement - Debts | 1 point | Rent: $750.00Electric/ Gas bill: $131.75Cable/ internet/ Phone bill: $80.42Credit Card: $31.00Cell phone bill: $72.37 | Assessment A, Part 3: Identify Money Management Tool | 1 point | Explain to Monica how the money management tools were identified. | Students should explain how they evaluated various cash management products and services. | Assessment A, Part 4: Creating a Personal Financial Statement – Steps | 1 point | Drag the steps listed on the right into their correct sequences on the left. When done click the Send button | Step 1: I got all my financial stuff together – bills, loans, bank statements, etc. | Step 2: I balance my checkbook. | Step 3: I decided what were my assets and what were my debts. | Step 4: I enter my assets in the program. | Step 5: I enter my debts in the program. | Step 6: The program gave me a Net worth figure at the end. | Assessment B: Creating a Monthly Cash Flow Statement ...
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...Diagnostic Algebra Assessment Definitions Categories Equality Symbol Misconception Graphing Misconception Definition Concept of a Variable Misconception Equality Symbol Misconception As algebra teachers, we all know how frustrating it can be to teach a particular concept and to have a percentage of our students not get it. We try different approaches and activities but to no avail. These students just do not seem to grasp the concept. Often, we blame the students for not trying hard enough. Worse yet, others blame us for not teaching students well enough. Students often learn the equality symbol misconception when they begin learning mathematics. Rather than understanding that the equal sign indicates equivalence between the expressions on the left side and the right side of an equation, students interpret the equal sign as meaning “do something” or the sign before the answer. This problem is exacerbated by many adults solving problems in the following way: 5 × 4 + 3 = ? 5 × 4 = 20 + 3 = 23 Students may also have difficulty understanding statements like 7 = 3 + 4 or 5 = 5, since these do not involve a problem on the left and an answer on the right. Falkner presented the following problem to 6th grade classes: 8 + 4 = [] + 5 All 145 students gave the answer of 12 or 17. It can be assumed that students got 12 since 8 + 4 = 12. The 17 may be from those who continued the problem: 12 + 5 = 17. Students with this misconception may also have difficulty with the idea that adding...
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...Team B Calorie Count Tool PRG/211 May 5, 2014 Team B Calorie Count Tool PROBLEM STATEMENT Team B was asked to develop a program which would calculate the user’s daily intake of calories and measure those calories against the overall calories expended. The core purpose of this program will do two primary functions. First, it will record the user intake of calories as acquired through meals throughout the day. Second, the user will record caloric output associated with physical activity. This information will be calculated together to determine the caloric surplus or deficit for the user. In order for the program to execute accurately, and provide customized results, the user will be required to input personal data to include gender, age, weight, and height. This additional information is essential to determine the user’s default caloric burn rate, otherwise known as the basal metabolic rate (BMR). The BMR and the calories burned as a result of physical activity will be calculated against the intake of calories to determine the overall success for the user. As the program is executed it must: * Record user name, age, height, weight to enable more accurate calculations * Record the users specific caloric values entered for each meal * Record the user activity and caloric burn values for that activity * Calculate the basal metabolic rate (BMR) for the individual * Subtotal the total caloric values for the day * Combine the physical activity and...
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...Problem Solving with Computing Homework - WEEK 2 [30 points] This is a review of some of the material from Chapter 2 and lectures from class. No credit for answers that are copies or near verbatim transcripts – please use your own words1 and document sources where appropriate. 1 This will apply to all assignments in this class. Answer the following questions: Chapter 2 1. Short Answers [1 point each, 2 points total] 1. What does a professional programmer usually do first to gain an understanding of a problem? The first thing that a professional programmer usually do first to gain an understanding of a program is to closely relate customer (Interview ) to inquire or gather information about the problem. 2. What two things must you normally specify in a variable declaration? The two things normally specified in a variable declaration are the variable type and identifier. 2. Algorithms / Pseudocode [1 point each, 5 points total] 1. Design an algorithm that prompts the user to enter his or her height and stores the user’s input in a variable named height. Declare height Display “Enter Your Height” Input Height Display “Height” 2. Write assignment statements that perform the following operations with the variables a and b. - Adds 2 to a and stores the result in b. - Subtracts 8 from b and stores the result in a Set b=2+a Set a=b-8 3. Write a pseudocode statement that declares the variable cost so it can hold real numbers. Floating Point-Variable...
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...11108944 Name: ASHWINI KUMAR Roll No. : RE3R02B32 PART- A 1. Ans :- (a) unary and ternary operator Unary operator:- It pecedes an operand . The operand (the value on which the operator operates ) of the unary operator must have arithmetic or pointer type and the result is the value of the argument. Example:- If a=5 then +a means 5 If a=0 then +a means 0. If a=-4 then +a means -4. Ternary operator:- It precedes an operand. The operand of the unary operator must have arithmetic type and the result is the negation of the operand’s value. Example:- If a=5 then –a means -5 If a=0 then –a means 0 If a=-4 then –a means 4. (b) Assignment and equalto operator Assignment operator:- Equal to operator: An assignment operator assigns value In this we put the To a variable. value as it is. Example – Example- a*=5 means a=5*5. Int a; a=5 means a is initialized with 5 if(a==5) { return true; } return false; (c) Expression and statement Expression:- An expression is any valid combination of operators , constants , and variables. Example:- ...
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...Selection statements Selection is used to select which statements are to be performed next based on a condition being true or false. Relational expressions In the solution of many problems, different actions must be taken depending on the value of the data. The if statement in C I used to implement such s decision structure in its simplest form – that of selecting a statement to be executed only if a condition is satisfied. Syntax: if(condtion) statement executed if condition is true When an executing program encounters the if statement, the condition is evaluated to determine its numerical value, which is then interpreted as either true or false. If the condition evaluates to any non-0 value (positive or negative), the condition is considered as a “true” condition and the statement following the if is executed; otherwise this statement is not executed. Relational Operators In C Relational operator | Meaning | Example | < | Less than | age < 30 | > | Greater than | height > 6.2 | <= | Less than or equal to | taxable <= 200000 | >= | Greater than or equal to | temp >= 98.6 | == | Equal to | grade == 100 | != | Not equal to | number !=250 | In creating relational expressions, the relational operators must be typed exactly as given in the above table. Thus, although the following relational expressions are all valid: age > 40 length <= 50 temp >= 98.6 3 < 4 flag == done day != 5 The following are invalid: length =< 50 ...
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...STUDY HABITS OF SECOND YEAR BS-AVTECH STUDENTS OF PATTS COLLEGE OF AERONAUTICS S.Y 2013-2014 An Undergraduate Research Presented to The Languages Department of PATTS College of Aeronautics In Partial Fulfillment of the Requirements for the course ENGL 211 – Technical Report Writing By Guevarra, Giorgio Martin C Guevarra, Lorenzo Miguel Jang, Jose, Yosalina, Leo Xander March 2014 ACKNOWLEDGEMENT The researcher would like to express our thanks to the lord. Our God for his guidance towards everything we do In life, including this study that we had made, and for being an inspiration for us all to do our best in life. We give our thanks to Ms. Karen M. Millano, our adviser for ENGL 211, for carefully and patiently guiding us so that we may finish the thesis research, and for supporting us and believing in us, that we can accomplish our task finishing the thesis. To the respondents of this study, we express our gratitude because without them, this thesis research would not have been completed, we thank them for allowing us to conduct a survey during their spare time, and their patience and integrity in answering the survey. To our parents, for their support and everlasting patience and understanding for us. And lastly to our classmates, since they have been with us since the beginning of the semester and they had been our companions in everything we do for the subject ENGL 211. ABSTRACT STUDY HABITS OF...
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...SCHOOL OF ENGINEERING YEAR 3 MECHATRONICS ASSIGNMENT LAB REPORT Reading an Analogue Voltage from a Potentiometer to turn a Motor on and off with reading of 40 Assignment 2 Owais Jahanzeb BENG Mechanical Engineering with buissness Lecturer: Dr. Tom Shenton Aim & Objectives The aim of this lab is to develop a functioning program for the PICDEM board to read an analogue signal from a potentiometer and turning a motor on or off if the signal exceeds a certain limit. The program should depict the function that it should turn the motor ON and OFF if the potentiometer reading is less than or equal to 40. The practical uses of such program can be seen in automotive , injection moulding machines, wood processing machines, modern temperature controlled plants, speed control torque operations. Developing Program 1 Figure 1. The schematic circuit & PICDEM board configuration for Program Figure 1. The schematic circuit & PICDEM board configuration for Program The objective of program is to read the correspondent voltage analogous to the potentiometer position and switch the motor on if the reading is over 40 and switch it off if the reading is less than or equal to 40, the value can be adjusted by twisting the screw clockwise and anticlockwise. The program works by implementing the following code. PIC program for Test of potentiometer with value less equal to 40 with comments: include <p16f917.inc> extern DisplayDigit1, DisplayDigit2...
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