...Consideration is one of the elements that are required to form a contract. In consideration, both parties must promise to give or do something for the other. (Note: if a contract is made by deed, then consideration is not needed.) In other word, consideration can be described as the mutual rights and promises made by the parties to a contract. This can be either a promise to do something that a person not legally obligated to do, or a promise not to do something that a person have the right to do (often, this means a promise not to file a lawsuit). There are a lot of rules that must be taken in order to govern consideration. One of them is consideration can be present or future, but not past. Present consideration is executed when the consideration is performed at the time the contract is made. As an example, Lin offers RM100.00 reward for the return of her lost handbag, if Alex finds the bag and returns it, Lin's consideration is executed. Meanwhile, future consideration will happen when there is an exchange of promises to perform acts in the future. For example, Mei promises to deliver goods to John at a future date and John promises to pay on delivery. If Mei does not deliver them, this is a breach of contract and John can sue. However, past consideration is not a valid consideration and has no legal value. Past consideration arises when a promisee’s action has happened before the promisor made his promise. This can be proved in the Roscorla v. Thomas case. In this case...
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...REPORT ON JUDICIAL REVIEW Of BANKRUPTCY LAWSUIT OF PT TELEVISI PENDIDIKAN INDONESIA (TPI) By: FABIANUS PRIJO SAMBODO 2013 BUSINESS LAW & ETHICS – LEGAL BANKRUPTCY ANALYSIS BACKGROUND Bankruptcy is a legal status of a person or organization that cannot repay their debts to creditors. In most jurisdictions, bankruptcy is imposed by a court order, often initiated by the creditor. Bankruptcy is not the only legal status that an insolvent person or organization may have, and the term bankruptcy is therefore not a synonym for insolvency. Bankruptcy lawsuit sometimes happens to many companies, when they can not pay their overdue debt or can not re-structure their liabilities to at least two of their debitor. In Indonesia, there are many of bankruptcy lawsuits, and one of the interesting bankruptcy cases happened at PT. Cipta Televisi Indonesia that ussualy known as a company who owned the Indonesian Educational Television (TPI). Bankruptcy as a means of debt settlement certainly has some direct and indirect effects on all parties that have an interest in the assets of the debtor declared bankrupt. Generally, if the debtor is a legal entity, the interests of the debtor, creditor and shareholders will be affected. For example, the declaration of bankruptcy by a company will negatively affect its shareholders' position in the liquidation process. Pursuant to Indonesia's Private Law, secured, preferred and unsecured creditors have different privileges against the assets of the debtor...
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...the Glory of Christ” were its mottos. “Let every student be plainly instructed and…considered well [that] the main end of the his life and studies is to know God and jesus, which is eternal life (John 17:3)” Harvard instituted practice like reading scriptures twice a day as a philosophy of education. | Yale | Started by Congregationalists to train ministers of the Gospel.Produced Philip Livingston, Lewis Morris, William Livingston, Noah Webster, Zephaniah Swift, James Kent. Yale required to live a religious and blameless life according to God’s Word. | Princeton | Started by Presbyterians to train ministers of the Gospel.Produced Benjamin Rush, Gunning Bedford, James Maddison, William Paterson, Olive Ellsworth, Henry Lee “Light Horse Hary Lee”Many were trained by John Witherspoon who required every student to attend worship twice a day. | Early Educational Laws | 1642 Old Deluder Satan Act | If common people could read and learn the word of God for themselves they would resist government misbehavior.Americas first public school law.Contained in the book “The Code Of Laws of 1650”.Required public schools in each community.If a child could not read they would not know the word of God of the laws of the state. | 1787 Northwest Ordinance | 1789 George Washington signed. First federal law to address education.Passed at the same time and by the same people who drafted the...
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...Sally Arias English 150 Professor Zacharias September 23, 2010 An Examination of the Philosophy of Dadaism and It’s Existential Roots Dadaism is an artistic movement that prospered from Europe around the 20th century. Many believe that this form of art is a representation of the “nihilistic protest against all aspects of Western Culture mainly due to a direct result of revulsion and rebellion against the horrors of war” (Shemool). However, what these artists really wanted was to open the minds of society to a new world of illogicality and endless possibilities without the limitations of moral and religious belief. The purpose of this artistic movement is to challenge the conventional principles of morality and establishment of laws by portraying its unique incongruous form of art. Its bizarre and inimitable ways depict some of the basic principles of existentialism, which is “a modern philosophical movement that stressed the importance of personal experience as an individual who are seen as a free agent in a deterministic and seemingly meaningless universe” (Collins English Dictionary). This concept aroused controversy in society since such eruptions of “absurd” terminology were never before seen or accepted. Although some of the works of Dadaism meddled with the tolerance of human society, its true intentions were to re-establish the values of romantic practices and indispensable morality of humanity when uncorrupted by societies’ taboo beliefs. Many of the people...
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...adidas AG (German pronunciation: [ˈadiˌdas]) is a German multinational corporation that designs and manufactures sports clothing and accessories based in Herzogenaurach, Bavaria, Germany. It is the holding company for the Adidas Group, which consists of the Reebok sportswear company, TaylorMade-Adidas golf company (including Ashworth), Rockport, and 9.1% of FC Bayern Munich. Besides sports footwear, Adidas also produces other products such as bags, shirts, watches, eyewear, and other sports- and clothing-related goods. Adidas is the largest sportswear manufacturer in Germany and Europe and the second biggest sportswear manufacturer in the world.[3] Adidas was founded in 1948 by Adolf Dassler, following the split of Gebrüder Dassler Schuhfabrik between him and his older brother Rudolf. Rudolf later established Puma, which was the early rival of Adidas. Registered in 1949, Adidas is currently based in Herzogenaurach, Germany. Puma is also based in Herzogenaurach. The company's clothing and shoe designs typically feature three parallel bars, and the same motif is incorporated into Adidas's current official logo.[4][5] The company revenue for 2012 was listed at €14.48 billion.[2] Gebrüder Dassler Schuhfabrik Christoph Von Wilhelm Dassler was a worker in a shoe factory, while his wife Pauline ran a small laundry in the Bavarian town of Herzogenaurach, 20 km (12.4 mi) from the city of Nuremberg. After leaving school, their son, Rudolf "Rudi" Dassler, joined his father at the shoe...
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...Alibaba Reaction paper Hary Gilles Business 101-002 Victor Hugo (02/26/1802 – 05/22/1885), recognized as the most influential French Romantic writer of the 19th century and as also the greatest French poet, once said: “One can resist the invasion of armies; one cannot resist the invasion of ideas. .... Nothing is stronger than an idea whose time has come. “ If there is a quote that can best describe “Alibaba” the company, it is this one previously mentioned. As we will try to demonstrate in this paper, Jack Ma has proven to everybody that he is a great leader, a great motivator, an intelligent marketer, and above all, a great visionary. In this business, he started as an ordinary man by building websites for Chinese companies with the help of friends in the US, and in 1995, he founded China’s Yellow pages, widely believed to be China’s first Internet-based company. From 1998 to 1999, he then became the head of an information technology company established by “China Electronic Commerce Center”. In 1999, he founded Alibaba which presently has over 79 million members – hundreds of millions of users and merchants. Businesses using ALIBABA are counted by the millions, from more than 240 countries and territories. In September 2014, the world has witnessed what has become the largest listing in the U.S. history of the stock market. This company has raised $25 billion for its IPO (Initial Public Offering), overtaking VISA’s $19.7 billion 2008 IPO. How did the company...
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...Introduction: Simply, law can be explained as a collection of rules which are mainly created by a particular state or state government & the state, as an authority, is responsible for enforcing the law made within its jurisdiction via using various kind of sanction. While talking about law we should have a clear idea about three basic concept power, fascination & importance.Sources of law are also importance which can be constitutions, statue, common law, administrative law, equity etc. In business world, we use different kinds of law & law of contracts is one of the most widely used business law which is basically used to understand future business related The Aspects of Contracts & Negligence for Businessissues in more predictable manner by people engage in contracts. Contract is basically a promise that gives the official commitment that the law will be enforced.Judicial activism, which creates law to be less predictable & more flexible, & judicial restraint, which makes law more predictable & less flexible, is two important issues closely related to contracts that need to be defined properly. Task 1: P1- The essential element of valid contracts in a business context: A contract, to be valid in a business context, must have some essential elements which can be basically classified in four major categories- ð Agreement- In every contract, there must be an agreement between two parties where one party needs to make any kind of valid offer & the other party needs...
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...Bankruptcy Assignment Warren and Westbrook, The Law of Debtors and Creditors Sara Israelyan Spring Semester 2011 University of Minnesota Law School March, 2011 Warren and Westbrook, The Law of Debtors and Creditors Problems 8.1 Absent bankruptcy, what can Harv and Lois protect as the creditors begin to move in? What if they filed a Chapter 7? What could they protect if they lived in Cheyenne, Wyoming? When considering bankruptcy, pre-bankruptcy planning is one of the most important steps for Harv and Lois. In a Chapter 7 bankruptcy, the TIB will take all non-exempt valuable property that he can sell to distribute the money to the creditors. The main idea behind the Chapter 7 bankruptcy is ‘liquidation’. However, Harv and Lois can arrange their property and debt before filing for Chapter 7 bankruptcy, in order to maximize their exemptions. Generally, during a pre-bankruptcy planning, the debtor converts some of its non-exempt assets to exempts ones to save the property for creditors. In this case, usually the debtor sells or borrows against non-exempt property in order to buy exempt property. This right to maximize the exemptions however is not unlimited. After filing bankruptcy, all of Harv’s and Lois’s property, both real and personal, becomes a part of the bankruptcy estate. However, under the Bankruptcy Code, they are allowed to exclude certain property deemed necessary for everyday life and sustain a reasonable fresh start after discharge. Harv and Lois...
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...COMPARATIVE PERFORMANCE APPRAISAL OF INDIA’S COMMERCIAL BANKS PRESENTED BY Gurlovleen Kaur ABSTRACT Commercial banks form the most important part of Indian financial landscape in terms of their role in channeling credit to the commercial sector and facilitating the process of financial inclusion. In the era of global competition, performance is the key factor for any subject, especially in banking. The Indian banking industry is made up of the Indian public sector banks and private sector banks. In this project an effort has been made to evaluate the financial performance of commercial banks by using key performance indicators as a benchmark, generally the financial performance of bank is evaluated by working out a number of ratios depending upon the data. This study has made use of five financial parameters ,i.e. ,Capital to Risk Weighted Assets Ratio( CRAR) ,Return on Assets ( ROA), Non Performing Asset (NPA),Net interest Margin (NIM), Profit Per Employee( PPE), as these are generally accepted ratios to evaluate the performance of banks ,in order of their performance. Research plan includes decision on data sources, research approaches, research instrument, sampling plan and contact method. The present study is based on secondary data. The data is collected through various journals, studies, websites and publications of banks. The collected data is analyzed to reach at conclusions regarding the various issues related to performance of commercial banks...
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...Pricing Theory (APT) both are well known pricing model determines the risk factor for analyzing the appropriate returns for the investors in their own unique ways. CAPM model uses the whole market environment as one factor but on the other hand APT uses five different economics factor which is more detailed in describing risk which accelerates for these factors. The adoption of CAPM is in practice but other hand its various criticisms are documented on it as well and academics are working on the new approaches of it such as APT and others is discussed in later paragraphs. In this assignment I will discuss the assumptions of CAPM and APT model and their pros and cons and the limitations of CAPM over APT models. CAPM and its Shortcomings Hary Markowitz (1952) and Tobin (1958) first introduced the idea of asset pricing model. Markowitz (1952) observed that “when two risky assets are combined, their deviations from the mean are not additive, provided the returns from the two assets are not perfectly correlated and when portfolio of risky...
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...8 Resumo: A fonomímica é um método pedagógico utilizado e defendido por vários autores da Educação Musical, entre os quais Zoltán Kodály. Mas a sua origem está em Sarah Glover e sua irmã e, mais tarde, John Curwen. Embora tenham ocorrido algumas modificações ao longo do tempo, e dos pedagogos e professores que foram aperfeiçoando o método, foi no século XIX com estes dois nomes que teve a sua origem. A fonomímica teve em Kodály a sua maior divulgação a nível europeu. Ele foi um compositor, pedagogo, etnomusicólogo que impactou o ambiente musical que se vivia no ensino nos inícios do século XX, publicando muitas obras didáticas, livros de exercícios, entre obras eruditas de execução instrumental e coral, religiosas e seculares. Foi também um etnomusicólogo por excelência porque junto com Béla Bártok, fez uma recolha exaustiva pelo país de melodias folclóricas húngaras, harmonizou-as e publicou-as. Quanto à fonomímica como método, tem sido defendida também por muitos investigadores e professores portugueses. Tem sido vista como uma maneira mais eficaz, ou pelo menos mais descomplicada, de se ensinar música na Educação Musical com crianças. Palavras-chave: Fonomímica; Zoltán Kodály; Educação Musical; Pedagogia; Índice: 1. Introdução………………………………………………………………………..4 2. Zoltán Kodály……………………………………………………………………5 2.1. O novo conceito de Formação Musical e metodologia………..………….…6 2.2. Dados históricos……………………………………………………………..7 ...
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...The Cuban Missile Crisis The world was at the edge of a third world war. This was the result of a variety of things: the Cuban Revolution, the failure of the Bay of Pigs invasion, US anti-communism, insecurity of the Soviet Union, and Cuba's fear of invasion all made causes for war. However, war was not the result due to great cooperation from both President Kennedy and President Khrushchev and each of the decisions made by the leaders was crucial in the outcome of The Crisis. Kennedy's choice to take action by means of quarantine instead of air-strike and Khrushchev's decision to abide by the quarantines were perhaps the two most significant decisions made by the leaders in order to prevent war. The Cuban Missile Crisis showed the world that compromising and discussion can in-fact prevent war. As Khrushchev said in 1962, "They talk about who won and who lost. Human reason won. Mankind won." 1 The world had almost seen another world war, the effects of which would have been devastating because of the weapons involved. Humanity, indeed, was the prevention of the war. The Cuban Revolution was a background cause to the crisis. On January 1st, 1959 a Marxist regime in Cuba would have seemed unlikely. To the communist party in Cuba, Fidel Castro appeared tempestuous, irresponsible and stubbornly bourgeois. In 1943 President Batista appointed a communist to his Cabinet, as he used communists as leaders of the labor unions. Batista started to fail the Cuban communists and their...
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...1. Latar Belakang Penelitian Perempuan pengusaha mempunyai peranan yang sangat penting dalam pertumbuhan ekonomi di Indonesia. Menurut data Kementerian Koperasi dan UKM, dari total kegiatan usaha mikro, kecil dan menengah (UMKM) di Indonesia tahun 2011, 60% usaha dikelola oleh kaum pengusaha wanita. Berdasarkan data di atas, dapat dikatakan bahwa perempuan pengusaha mempunyai peranan yang sangat penting dalam ekonomi nasional. Partisipasi perempuan dalam pertumbuhan ekonomi sangatlah penting, tidak hanya untuk menurunkan tingkat kemiskinan di kalangan perempuan, tetapi juga sebagai langkah penting menuju peningkatan pendapatan rumah tangga dan mendorong pembangunan ekonomi negara secara keseluruhan, serta mengurangi jumlah pengangguran perempuan diindonesia. Berdasarkan data BPS 2009, terdapat 3,9 juta perempuan angkatan kerja yang termasuk ke dalam pengangguran dan 30 juta perempuan yang hanya bekerja mengurus rumah tangga dan tidak mandiri secara ekonomi. Jika pun mereka bekerja, 72% dari perempuan Indonesia bekerja di sektor pertanian, 28% bekerja di sektor non-pertanian dan 19,63% bekerja di sektor informal. Data juga menunjukkan bahwa penghasilan pekerja perempuan 50% lebih rendah dibandingkan pekerja laki-laki. Kondisi ini mengindikasikan bahwa perempuan akan memiliki kesempatan yang kecil untuk melakukan pemutusan proses pewarisan kemiskinan karena tidak memiliki kemampuan untuk mendapatkan pekerjaan dengan upah yang lebih baik untuk dirinya sendiri dan keluarganya...
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...PRO-KONTRA SEPUTAR PENCALONAN JOKOWI DI MATA PEMILIH Temuan Survei Nasional Januari - Februari 2014 Jl. Cikini V No 15 A Menteng , Jakarta Pusat 10330 Telp. (021) 31927996/98 Fax (021) 3143867 www.indikator.co.id Latar Belakang • Jauh sebelum penetapan Joko Widodo (Jokowi) sebagai calon presiden (capres) dari PDI Perjuangan, sudah muncul perdebatan di kalangan sebagian elit politik maupun pengamat mengenai etis-tidaknya Jokowi maju sebagai capres. • Hal ini dimungkinkan karena posisi Jokowi sekarang yang baru menduduki posisi sebagai Gubernur DKI Jakarta selama 1,5 tahu. • Oleh karena itu, dapat diduga, tak lama setelah Megawati mengeluarkan mandat untuk mencapreskan Jokowi, kontroversi seputar etis tidaknya Jokowi maju kembali disuarakan oleh pihak-pihak yang kontra. • Pertanyaannya, terlepas dari suara kaum elit, bagaimana publik di DKI Jakarta dan nasional menilai pencalonan Jokowi? . Survei Nasional Januari-Februari 2014 2 Latar Belakang • Mengingat kadar kontroversinya, sejak awal isu ini disadari bisa menjadi polemik yang tak berkesudahan. • Suara pemilih di DKI Jakarta maupun secara nasional, penting didengar karena merekalah yang menjadi “juri” atas perdebatan, baik yang pro dan kontra seputar pencalonan Jokowi sebagai capres tersebut. • Survei ini memang dilaksanakan sebelum penetapan resmi Jokowi sebagai capres, tapi bisa menjadi gambaran sejauhmana isu tersebut dinilai oleh pemilih secara luas. Survei Nasional Januari-Februari 2014 . 3 ...
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...Capital Asset Pricing Model: The Indian Context R Vaidyanathan T he Capital Asset Pricing model is based on two parameter portfolio analysis model developed by Markowitz (1952). This model was simultaneously and independently developed by John Lintner (1965), Jan Mossin (1966) and William Sharpe (1964). In equation form the model can be expressed as follows: E (Ri) = Rf + (i [E(rm) – Rf] = Rf +(im / (m (E(Rm) – Rf / (m) Where E(Ri) is expected return on asset i, Rf is the risk-free rate of return, E(Rm) is expected return on market proxy and (i; is a measure of risk specific to asset i. This relationship between expected return on asset i and expected return on market portfolio is also called the security market line. If CAPM is valid, all securities will lie in a straight line called the security market line in the E(R), (i frontier. The security market line implies that return is a linearly increasing function of risk. Moreover, only the market risk affects the return and the investor receive no extra return for bearing diversifiable (residual) risk. The set of assumptions employed in the development of the CAPM can be summarized as follows [Sears and Trennepohl (1993)]: 1. Investors are risk-averse and they have a preference for expected return and a dislike for risk. 2. Investors make investment decisions based on expected return and the variances of security returns, i.e. two-parameter utility function...
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