...Jill v. Jack Facts: Jill asks Jack to give her an estimate in the price of building a fence around her orchard. Jack inspects and measures Jill’s apple orchard and gives Jill an estimate of $1,000. Jill agrees to the price and they sign a contract. Jill, however, had in mind a fence around her peach orchard that is much larger. Jack says he cannot build a fence around the peach orchard for $1,000, but Jill wants to hold Jack to the $1,000 for a fence around the peach orchard, and sues Jack for breach of contract. Issue: Can Jill sue Jack for breach of contract? Rule: Breach of contract states “A failure of a party to a contract to perform his or her obligations as agreed to within the contract”. Contract law allows for judicial intervention in the event of a breach that is substantial, that goes to the root of the contract, also stated to be fundamental, by relieving the non-breaching party of his or her obligations and exposing the breaching party to damages or, if appropriate, an order for performance of the breached contractual obligation. Application: In Order for a contract to exist you have to have five elements: 1) Offer 2) Acceptance 3) Consideration 4) Legality 5) Capacity Under the common law, the offer had to be definite enough to establish the material terms of the contract. If material terms of the contract were not present in the offer, than a contract would not be found to exist. So the first element was not covered due...
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...Jack and jill ran up the hill to fetch a pail of water. Jack and jill ran up the hill to fetch a pail of water. Jack and jill ran up the hill to fetch a pail of water. Jack and jill ran up the hill to fetch a pail of water. Jack and jill ran up the hill to fetch a pail of water. Jack and jill ran up the hill to fetch a pail of water. Jack and jill ran up the hill to fetch a pail of water. Jack and jill ran up the hill to fetch a pail of water. Jack and jill ran up the hill to fetch a pail of water. Jack and jill ran up the hill to fetch a pail of water. Jack and jill ran up the hill to fetch a pail of water. Jack and jill ran up the hill to fetch a pail of water. Jack and jill ran up the hill to fetch a pail of water. Jack and jill ran up the hill to fetch a pail of water. Jack and jill ran up the hill to fetch a pail of water. Jack and jill ran up the hill to fetch a pail of water. Jack and jill ran up the hill to fetch a pail of water. Jack and jill ran up the hill to fetch a pail of water. Jack and jill ran up the hill to fetch a pail of water. Jack and jill ran up the hill to fetch a pail of water. Jack and jill ran up the hill to fetch a pail of water. Jack and jill ran up the hill to fetch a pail of water. Jack and jill ran up the hill to fetch a pail of water. Jack and jill ran up the hill to fetch a pail of water. Jack and jill ran up the hill to fetch a pail of water. Jack and jill ran up the hill to fetch a pail of water. Jack and jill ran up the hill to fetch a pail...
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...Real estate is a unique subject, and because it is unique, real estate has spawned complex legal theories and very unusual fact situations. With knowledge about the Real Estate business, Jack and Jill approached me to get some important information. I will provide them with the information that they need and hopefully help them with buying a new house. I will give them advice about the real estate market and how to apply certain rules to their housing requirements. Jack and Jill requirements should be; can they afford mortgage payments, is their credit score satisfactory, do they have enough cash in reserve, are they prepared for any unexpected maintenance, and finally do they plan on living in the area for at least five years. Jack and Jill indicate that they want to co-own a property but don’t know how they should approach it. Jack and Jill should understand that co-owning real estate comes with benefits and some downfalls. The right form for them would be joint tenancy. The reason for joint tenancy is because they would get the right of survivorship. The right of survivorship allows the death of a joint tenant, his/her interest doesn’t descend to his/her spouse or pass by his/her will. The entire ownership remains in the surviving joint tenant. There is just one less owner. The downfall for co-owner is that each co-owner is responsible for paying his proportionate share of property taxes, repairs, and upkeep, plus interest and debt repayments. If the co-owner fails to...
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...INTRODUCTION On the face of it, Jack, Jill and Marco have formed a partnership and based on their draft agreement should share equally the $200,000 annual royalty paid by Hyper Games Ltd for the exclusive licence of the game they developed between themselves. However, if circumstances are analysed in conjunction with relevant partnership legislation, the Partnership Act 1963 and precedent case law it becomes less clear that there is a partnership between the three. The issues arising, that raise doubt as to whether Marco should be entitled to a one third share of the annual royalty are: • Jack and Jill had already developed an early version of Galactic Explorer, before Marco’s involvement and he only ‘assisted’ and added concepts to the game. • Can the draft agreement be relied upon to prove the intention of the three partners was to share equally any profit from the sale of the licence • The draft agreement which had not been signed by Marco, stated that Marco only provided assistance. • Marco had not attended any meetings with Jack and Jill for three months prior to Jack and Jill granting the exclusive copyright licence to Hyper Games. • The contract with Hyper Games was only with Jack and Jill. A) WOULD MARCO BE ENTITLED TO SHARE THE PROFITS WITH JACK AND JILL? Marco would only be entitled to an equal share of the royalty if it can be proven there was a partnership arrangement between the three of them and in order to establish whether this was the arrangement it...
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... now that I've reached the wilderness beyond the city. Up ahead I could hear running water. I'm not too sure exactly how far, but there must be a river up ahead. The dense moisture in the air I felt, near the city limit, led me to believe the river ran underneath the city, leading past the wilderness and out over the mountain top. How many years had it been since I climbed this mountain,. I remember vaguely but so much time has past I don't think I could still find the trail that led me up here. My Jill, my friend, where would she be by now. A pain in my chest caused a lump in my throat, my eyes watered and burned. I tried desperately not to let tears roll down my face. IT angered me, too many years had I shed tears for the reason I really had no choice over. You see, many years ago, Jill and I were children growing up in this huge house, almost like siblings with a land of our own, no one around except us. But before this journey begins let me introduce myself my name is Sir Jack Str@nge... This story begins in a place far, far away, a place like no other...
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...Creative Strategy The objective of Jack Daniel’s creative strategy here is to appeal to and create profits from our target market. We want to establish a symbolic link between the iconic Jack bottle and the female lifestyle in our targeted age market. To our female market, we want to create a tone of luxury, the party-lifestyle, and sensuality. To appeal to females, we assume these to be things that would increase their likelihood of purchase. Our big idea is the “Jack and Jill” campaign where we hope to complement the masculine Jack with the female Jill. Our main character in this campaign is the beautiful Jill who mainly appears alongside images of the drink to create visual association. The central persona that the woman will take is one who can party but retain her composure; this would be best displayed in television or radio advertisements. Media Strategy We will advertise on TV, in magazines, outdoor, and online. We will advertise in mediums that either primarily target women or target a near-equal percent of women and men. TV spots will have a pulsed media schedule relative to the expected seasonal increases in sales due to expensive costs. These seasonal increases include wintertime, Nascar season, and Christmas. Below the Line Promotions A. Promotions Continuing to utilize the relationship with the NASCAR community, tickets from each racing event can also be used as a coupon in any store for two dollars off any type of Jack Daniels whiskey. B. Point of Purchase The...
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...We are all familiar with the saying, “What happens in Vegas, stays in Vegas”. It is clear that that is not the case for an adventurous couple taking more than one kind of ride on the Ferris wheel above the Las Vegas strip. For the sake of this story, let’s call them Jack and Jill. This was Jack and Jill’s first trip to Las Vegas and they wanted to experience everything to the fullest. Their ride on the Ferris wheel started innocently enough. They paid their ticket and climbed aboard the majestic Ferris wheel that was adorned with many colored lights and seemed magical in its color and splendor. It was sunset when the ride began and Jill joked wondering if this is Las Vegas’s idea of a revolving Christmas tree. This was Jack and Jill’s first...
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...COST ACCOUNTING Cost accounting means the process of collection of data, analyzing the data, summarizing and evaluating various alternative courses of action. Basically, the cost accounting information are commonly used in the financial accounting information. Also the accounting system and financial reports are not subjected to the rules and standards of accounts, like the general accepted accounting principal. Which leads to different application of cost accounting system in different kinds of organization sometimes even in different departments in the same organization. There are five main essential objectives of cost accounting, which are; I. Ascertain of cost They are two main methods of ascertaining cost, which are post costing and continuous costing. Post costing; this means an analysis of actual information as they are recorded in the financial book. Its accurate and mainly used in cost plus pricing. Continuous costing; aims at collecting information about cost as and when the activity takes place so that as soon as a job is completed the cost of completion would be known. This involve careful estimations of the overheads. II. Determination of selling price III. Cost control and cost reduction The following should be observed; Determine clearly the objective, i.e., pre-determine the desired results; Measure the actual performance; Investigate into the causes of failure to perform according to plan; and Institute corrective action. iv...
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...ck & Jill School was founded by Cecilia del Castillo-Lopez as a preschool in 1963. She converted her living room into a classroom and started teaching to 23 boys and girls from the small neighborhood of Homesite. “Little Angels” in City Heights was opened in 1971 and managed by her very capable assistant. It was later renamed to Jack & Jill Kinder School, City Heights branch. In 1979, Jack & Jill Kinder School in Homesite expanded to include an elementary school. The year 1995 resulted into the simultaneous establishment of Castleson High in Homesite, Castleson High in City Heights, and Sidera Special Child Center in City Heights. In the next year, Castleson High Schools in Homesite and City Heights were merged to become one school located in City Heights' new high school facility. A recent addition in City Heights was the Speech and Language Clinic which opened in 2008.In 1980, JJS/Castleson Schools Inc was established to incorporate and organize several schools under one administration. Today, Jack & Jill School, Sidera Special Child Center, and Castleson High which are operated in Bacolod City and Victorias City fall under the purview of one administration. One of the problems of JJS/Castleson High is the manual calculation of the grades of every student. The grade of a student is a scale which determines students who 1 will help teachers in guiding them towards their development. It also shows where students excel most so they can be honed and encouraged...
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...Brett Martin Dr. Jane Rago ENGL 2100 15 June 2014 Nomen Est Omen? The Roman expression nomen est omen roughly translates to “name is destiny.” This idea seems to suggest that people lack free will, and that we are subject to the label bestowed upon us at birth. Research has shown that names do indeed affect the way the world responds to people; our names impact the way we are socialized, in other words. Expectations for a guy named Bubba or a woman named Shaquita are different than they are for people with the names Winston and Hillary. In other words people make assumptions about others base on their names. In Alice Hoffman’s novel Local Girls, the narrator plays with this idea of the interplay of destiny, socialization, and free will, symbolized by the names she gives the central characters. The character whose name is the most apparently burdening is Gretel. A name that is unusual in 20th century United States society, this name is imbued with fairy-tale associations. In the famous German fairy-tale “Hansel and Gretel”, Gretel and her brother are abandoned by their parents, specifically an abusive stepmother, in the forest. In Local Girls, Gretel and her brother Jason are abused by their stepmother, who yells at them repeatedly, even calling Gretel a “little bitch” (49). In the fairy tale, the stepmother leaves the children in the woods because the resources at home are too sparse. Similarly, Gretel and Jason’s stepmother, Thea, tries to push her stepchildren out of...
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...Team C Homework 6 Comprehensive Problems: 50. Jack and Jill are owners of UpAHill, an S corporation. They own 25 and 75 percent, respectively. a. What amount of ordinary income and separately stated items are allocated to them for years 1 and 2 based on the information above? Year 1 Year 2 Ordinary Income Jack (25%) $10,625 $32,750 Jill (75%) $31,875 $98,250 Ordinary income= Overall net income – dividends – interest income Jack (45,000 – 500 – 2000 * 25%, yr1/ 134,500 – 1,000 – 2,500 * 25%, yr2) Jill (45,000 – 500 – 2000 * 75%, yr1/ 134,500 – 1,000 – 2,500 * 75%, yr2) Separately stated Jack Dividends $125 $250 (Yr1= 25% of 500/ Yr2 = 25% of 1000) Interest Income $500 $625 (Yr1= 25% of 2000/ Yr2 = 25% of 2500) Jill Dividends $375 $750 (Yr1= 75% of 500/ Yr2 = 75% of 1000) Interest income $1,500 $1,875 (Yr1= 75% of 2000/ Yr2 = 75% of 2500) b. Complete UpAHill’s Form 1120S, Schedule K, for year 1. Year1 1120S 1. Ordinary business income (loss) 42,500 2. Net rental real estate income (loss) ...
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...1. Backers of the B-2 bomber have argued that it would be wasteful for Congress to stop their manufacture because so much has already been spent to develop the B-2. Advise Congress on how to deal with this argument. Answer: This is the case of huge fixed cost involved in production, so the argument goes like this, if they will stop manufacturing, there will be a huge loss for them including the total fixed cost and sunk cost, which cannot be recovered. I would suggest them to check there total revenue and their total variable cost, if the firm is able to cover its total variable cost and even a small portion of fixed cost, it would be better to run the business. On the other hand if firm is not even able to cover its total variable cost also, it would be wise to shut down the business, because the loss would be equal to the total fixed cost and more in running the business. 2.On a recent trip to Chicago I had an opportunity to eat at the Berghoff Café. This famous restaurant was founded in 1898 by Herman Joseph Berghoff and was still run by the Berghoff family. We entered the restaurant at 3:10 P.M. were escorted to a table and presented with a menu which said, "Saturday Luncheon Menu." Apparently dinner begins at 4:00 P.M. at the Berghoff. Thinking that the prices were lower than I had remembered for past dinners at the Berghoff, I requested a Saturday dinner menu and compared some prices with the following result. The luncheon menu had prices for Sauerbraten, Weiner $chnitzel...
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...CHAPTER 22 – PROBLEM 50 & 51 [pic] 50. (LO3) Jack and Jill are owners of UpAHill, an S corporation. They own 25 and 75 percent, respectively. a. What amount of ordinary income and separately stated items are allocated to them for years 1 and 2 based on the information above? |Description | | Year 1 | | Year 2 |Explanation | |Sales revenue |(1) | 175,000 |(2) | 310,000 | | |Cost of goods sold |(3) | (60,000) |(4) | (85,000) | | |Salary to Jack and Jill |(5) | (40,000) |(6) | (50,000) | | |Employee wages |(7) | (15,000) |(8) | (20,000) | | |Depreciation expense |(9) | (10,000) |(10) | (15,000) | | |Miscellaneous |(11) | (7,500) |(12) | (9,000) | | |Total expenses |(13) |(132,500) |(14) |(179,000) |Year 1: (3) + (5) + (7) + (9) + (11) | | ...
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...Assignment: Assignment 3 Jack and Jill, residents of Orlando, FL, had a nasty incident involving a hill, some water and a broken crown, in which both parties got hurt. Jack and Jill ended up suing each other in Florida state court. After a few months of nasty motion practice, Jill comes to your office and tells you that she's heard of this wonderful thing called mediation, under which she and Jack could be helped to reach a settlement. She has a few questions for you about mediation, all under Florida law: 1) Can she ask the court to order the parties to mediation if Jack refuses to go? If so, under what circumstances will the court do so? Answer- Jill can ask the court to order the parties to mediation if Jack refuses to go under the FL Statue 44.102 (2) (a) Must, upon request of one party, refer to mediation any filed civil action for monetary damages, provided the requesting party is willing and able to pay the costs of the mediation or the costs can be equitably divided between the parties, unless: 1. The action is a landlord and tenant dispute that does not include a claim for personal injury. 2. The action is filed for the purpose of collecting a debt. 3. The action is a claim of medical malpractice. 4. The action is governed by the Florida Small Claims Rules. 5. The court determines that the action is proper for referral to nonbinding arbitration under this chapter. 6. The parties have agreed to binding arbitration. 7. The parties have agreed to an expedited...
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...Danielle Murray Saint Leo University MBA 530 – Conflict Resolution Dr. Cecile T. Massé, Ph.D. April 10, 2014 Assignment #2 Abstract Conflict is something that comes up every day whether at home, work, school, or out running errands. There is no way to escape conflict. We must find ways to resolve the conflict; otherwise, life will be miserable and stressful. In this paper, I will be discussing the types of conflict, approaches to conflict resolution, and how to deal with conflict. Introduction We resolve conflicts every day without even realizing it. It can be something as small as arguing over what color the sky is to something as major as a car accident. Everyone deals with issues that come up in different ways. Nelson & Quick (2013) defined conflict as “any situation in which incompatible goals, attitudes, emotions, or behaviors lead to disagreement or opposition for two or more parties” (p. 472). Resolution was then defined as “a decision or determination; the act determining an action or course of action, method, procedure, etc” (“Resolution, 2014). In 2013, Ome summed up conflict resolution as “a variety of approaches aimed at terminating conflicts through the constructive solving of problems” (p. 5512). Types of Conflict Nelson & Quick (2013) broke down the types of conflicts for us to better understand and distinguish. Functional conflict is a healthy, constructive disagreement between two or more people (p. 472). It can produce more ideas and build...
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