...Summary of Facts The plaintiff, Willy Ferrucci, is suing the defendant, Dominique Douaola, for payment of studio and production time for his new album. Mr. Ferrucci commented he left a message on the defendant’s answering machine about the available dates and charges for the studio time. However, Mr. Douaola confirmed the dates with the plaintiff but never mentioned the charges. Additionally, the defendant continued by stating he had performed numerous times for the plaintiff for no charge and believed those performances were payment enough for the studio time. My Verdict Although the plaintiff in this case left a message stating he wanted compensation for the studio time which would be used, he did not receive a response acknowledging the fee. In the case of Smith v. House of Kenton Corp., 209 S.E.2d 397 (1974) the court ruled in favor of the defendant stating that “an offer and acceptance must be communicated.” Furthermore, there must be a mutual collaboration and approval for there to be any type of contract created between the two parties. I applied the case of Zamore v. Whitten, 395 A.2d 435 (Maine 1978) where the court declared “there must be a meeting of the minds or “mutual assent” for the parties to be bound to the contract.” Since Mr. Douaola never agreed or accepted the terms Mr. Ferrucci set out, a valid contract was never created....
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...and presented forcefully. To prepare an excellent report, Clippinger (1995, 11-12) suggest five equally vital steps that must be taken in the order listed: (1) plan; (2) draft; (3) revise; (4) edit; (5) format. Plan the Report To plan, ask: What is my purpose for writing, and what is the reader’s purpose for reading what I write? The answers become the core of the message. Compose and key the core idea. Then as they come to mind through listening, reading, and thinking, jot (on the computer screen) ideas and facts that related to the core idea. Next, check the list for missing items (and add them), unneeded items (and delete them), and redundant items (and combine them). Put the items in psychological order (main point followed by details, usually) and arranged them logically (in chronological, geographical, or importance order, for example). Finally, check the list to see that the items are tied together and related to the core idea. When appropriate, use tables, charts, or graphs to condense data; then list only summaries of what the visuals reveal in greater detail. Draft the Message To draft or compose the message, pretend that the reader is sitting before you. Write (at the keyboard) as you would talk with that person (level of vocabulary, degree of formality, and so on). Focus on the core of your message as you follow your listed items. Ignore for now such things as grammar, spelling, and style. Complete the entire report in one work session, if...
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...Summary and Analysis of Selected poems by: Edgar Allan Poe Edgar Allan Poe: An American poet, short story writer, critic and editor he was best known for “The Raven”, “The Fall of the House of Usher” and “The Tell Tale Heart”. Edgar Allan Poe was given the nickname “Father of the Detective Story” due to his distinctive writing form. The tone, imagery and language in “Alone” and “A Dream within a Dream” allows Edgar Allan Poe to create poems based on his dark, disturbing and dysfunctional upbringing. Edgar was born January 19, 1809, he was the middle child. Edgar parents died when he was three, and he moved in with a successful business man, John. John wanted Edgar to follow in his footsteps, but Edgar mind was set on becoming a writer. Edgar attended University of Virginia at 17 where he made good grades. Edgar dropped out of college and at 18 he published his first book Tamerlane (1827). Edgar enlisted in the United States Army and was accepted into West Point Academy. With the help from John, Edgar was expelled after being in the Academy for eight months. Edgar published another book around the time he was expelled. He began publishing some of his short stories which he was offered an editorial position at Southern Literary Messenger in Richmond. Edgar at 27 married Virginia who was only 14 and enjoyed the time he shared with his wife, but he was unhappy with the pay at Southern Literary Messenger. He moved to New York during the time of Panic of...
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...__ APPELLANT’S FACTUM ________________________________________________________ Tayeeb Anwarzada Part I Introduction This case will address the charges being laid upon Iago by the crown. The charges laid upon Iago are the defendant being an accomplice and the accessory to the murder of Desdemona and Emilia. He also charged with second degree murder for supposedly killing Roderigo. Iago is also being charged with lying to an army official. This case will address the Trespass notice. Topics that will be further discussed throughout this case in depth include proof of the killings of Emilia, Desdemona, Roderigo, and Othello. Part II SUMMARY OF THE FACTS On several occasions did Iago lie to different government officials. 2. The lies told by Iago were the cause of the death of Desdemona and Emilia....
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...| Assignment | | MGT3ISC – Interpersonal Skills and Conflict Management | Table of Contents 1. Table of Contents .................................................……………………..... 1 2. Introduction ............................................................…………………....... 2 3. Conflict identification .................................................……………..……. 2 4. Options for resolution .............................................…………………....... 2 5. Plan of Action ..........................................................…………….....……. 4 6. Future avoidance ....................................................…………………....... 4 7. Summary ............................................................……………….....…....... 5 8. References ............................................................…………………...........6 Introduction Kenneth Thomas defined conflict as “the process which begins when one party perceives that another has frustrated, or is about to frustrate, some concern of his”. Conflict is disagreement between individuals who values, needs, wishes, interests, perceptions, incompatible goals leads to an opposition. Conflict identification between customer and Home Improvement Store In current situation conflict rose from different perception based on advertising of the product, which didn’t work as it was expected and unhappy customer wanted a full refund. However the time had passed and it’s been 5 month since the product was...
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...Submitted to Dr. Donald Hicks In Partial Fulfillment Of the Requirements for the Course Preventing Ministry Failure Lead 625 By Dwight Chavis February 22, 2014 Table of Contents Summary…………..……………..……………………………………………………page 1 Critique …………...…………………………………………………………………...page 2 Evaluation……………………………………………………………………………...page 4 Conclusion ………………………………………………………………………..........page 4 Bibliography ……………………………………………………………………….......page 5 SUMMARY Author John Dickson has written a book on a word that is often misunderstood and misused. In his book Humilitas: A Lost Key to Life, Love, AND Leadership, He takes a multi-dimensional look at the subject of humility. He is very aware that writing a book on this subject can give the appearance that he himself has been able to achieve the goal of being known as a humble person. However, the opposite is true, Dickson writes, “Humility stands alone among the virtues in that as soon as you think that you have, you probably don’t.” This statement shows that in no way he thinks that he has been able to achieve this lofty goal. Dickson means for this book to be a practical one and hopes to achieve his thesis statement in which he writes, “My thesis is simple: The most influential and inspiring people are often marked by humility.” With that in mind, he sets the reader on a chapter by chapter tour with such subjects as to why humility is important, how it fits in through the cultural history, leadership, common sense, persuasion, how...
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...precise and elegantly worded, so the reader will not misunderstand (Beins & Beins, 2012, p. 3). Being misunderstood in any type of writing can be one of the biggest factors in how credible you are and if the message you are conveying will have the impact that is intended to make. As a graduate level writer, your technical vocabulary and phrases will play a vital role for difficult or intricate ideas, which should be conveyed in a short and concise manner (Beins & Beins, 2012, para. 9). That being said graduate-level writing generally follows a specific format that can be understood universally (Beins & Beins, 2012, p. 3). This specific and technical format displays one of the differences between the other forms of writing. Other styles of writing that are less formal usually accommodate the content as well as the artistic style of the text (Beins & Beins, 2012, p. 3). Taking the artistic less formal route for writing will allow the reader to understand the message in a less confusing method for virtually any level of understanding. The technical jargon that graduate-level writings entail seem to be one of the important distinctions between it and other writings and their intended reader. Communication in writing can be challenging for the writer if the steps needed to be efficient are not being paid attention to. The first thing that you should keep in mind when communicating in an effective written form is the reader (Beins & Beins, 2012, p. 6). Personally...
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...Group Leadership and Conflict Summary SOC/110 July 27, 2015 Robert Holland Group Leadership and Conflict Summary In this week’s assignment we as a group, were to watch the two videos “Planning a Playground” and “Politics of Sociology”, discuss them as a group and write a summary. Being that this is my first online class that I have had to work with a group in I was very nervous about it. When doing discussions online, without prior physically meeting and getting to know one another, things can always take a turn that is not intended or needed. My team/group was great! Not only was the intent of our discussion clear but I also liked how we all posed questions within our discussions that made you really think. We challenged and discussed different views of these two videos which made the discussion that more intriguing. For the most part we viewed the videos in the same aspect but brought the creativity of thinking outside the box and it made the discussion even more productive. This by far has been a great experience with my team. Each discussion that has been transpired has come from and with a positive attitude and an open mind. We were able to take our time and really discuss things without being rushed. Upon some further reviewing, I just realized that we were missing two other team members. Not sure what happened but they never made it into the discussion. Although I haven’t mastered and I am still trying to learn my way into the different arenas of the online class...
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...COMMUNICATUION The term 'Communication' has been derived from the Latin word 'communis' that means 'common'. Thus 'to communicate' means 'to make common' or 'to make known'. This act of making common and known is carried out through exchange of thoughts, ideas or the like. The exchange of thoughts and ideas can be had by gestures, signs, signals, speech or writing. People are said to be in communication when they discuss some matter, or when they talk on telephone, or when they exchange information through letters. Basically, communication is sharing information, whether in writing or orally. The message, the medium by which the message/information is sent (e.g., written, oral, audio, visual), and the receiver or target of the communication information (decoder). Any disruption, garbling, malfunction, etc. at any point of that communication sequence could result in the failure of a successful communication. Any communication involves a particle which can be in one of four categories: an object. . . . . . a written message. . . . . . a spoken word. . . . . . or an idea. Any successful communication contains all the elements shown here. Any failure to communicate can be analyzed against these components to isolate what went wrong Benefits of Communication Communications Skills – The Importance of Removing Barriers: Communication barriers can pop-up at every stage of the communication process (which consists of sender, message, channel, receiver, feedback...
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...Barriers to Communication Author Michael K. Swan, Washington State University Reviewers Diane Jackman, Eastern Illinois University Gary Thome, Riverland Community College Introduction Communication plays a most important role in employer-employee relationships on farm operations. It also affects the relationships among family members on the management team. Although effective communication does not guarantee success of a farm operation, its absence usually assures problems. A communication problem may soon become a disaster or it may linger on for years. No matter how good the communication systems in an operation are, communication barriers can and do often occur. This may be caused by a number of reasons that can usually be summarized as being due to physical barriers, system design faults, or additional barriers. Physical barriers are often due to the nature of the environment. One natural barrier is when managers and employees are located in different buildings or on different sites of the operation. Likewise, poor or outdated equipment, particularly the failure of management to introduce new technology, may also cause problems. Employee shortages are another factor that frequently cause communication difficulties for an operation. While distractions like noise, poor lighting or an environment that is too hot or cold can all affect people’s spirits and concentration, which in turn interfere with effective communication. Not having an office and lunchroom...
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...Summation of Racial Microaggressions in Everyday Life Racial Microaggressions Summation Cross-Cultural Psychology 3235 Dr. Keith Blah Blah Summation of Racial Microaggressions in Everyday Life I have read and fully understand the article Racial Microaggressions in Everyday Life: the Implications for Clinical Practice. However, I must admit the article does not sit well with me and I have learned I have been a microaggressor since my early days; specifically, I have offered microinsults many times over without even realizing it. Through the years, I have thought of myself as one who consciously believes in equal rights for “all”; not just the American people, but people of all races across the entire globe. Granted, I have never marched in an equal rights parade, but I feel I have made many contributions in standing up for the rights and respect of others, to include myself (a woman who faced and endured a twenty year career in, essentially, a dominate male” field). After reading this article, I have been enlightened to the fact that I have erred many, many times while communicating with those of color, including very recently. Just two weeks ago I asked a Venezuelan friend and co-worker where she was from. She stated she was born in Indiana, but I proceeded to inquire as to where she was “really” from. She explained her parents were Venezuelan and that she lived there most of her life. I found this to be very interesting and told her so, but had no idea (till now), I...
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...RES 531 Week 2, Chapter 3: The Problem: The Heart of the Research Project |Slide # |Topic |Narration | |Slide 1 |Introduction |Welcome to Research Methods. | | | | | | | |In this lesson we will discuss The Problem: the heart of the research project. | | | | | | | |Please go to the next slide. | |Slide 2 |Objectives |Upon completion of this lesson, you will be able to: | | | | | | | |Discuss types of projects that are not appropriate research projects. | | | | ...
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...WHEN IN ROME, SHOULD YOU DO AS THE ROMANS DO? Submit Date January 09, 2012 Table of Content Introduction 3 Meaning 3 Examples 3 Origin 4 Traveling by Country 4 Don’t write a person’s name in red 4 Follow the correct rules when exchanging business cards 5 If you pass something to someone else, use both hands 5 Avoid strong eye contact 5 In the UK, the V-sign with the palm facing inward is extremely rude! 6 In Italy, eat your pasta with a fork, spoons and knives are rude! 6 In various countries, you may be asked to remove your shoes before entering a home. 6 In the UK, stand on the right side of the escalator 7 Summary 7 References 8 Introduction We travel for enjoy, leisure, relaxation, escape, freedom, business, work and pilgrimage. So that, we must travel with open minds and engage with people in the destination because the travel make a differences to our experience and enjoyment. We live in a world of cultural and natural diversity, so we need to travel with respect and treat other people and their places and their environment with respect. Always we need to be conscious of how we feel as "the visited", tourists cluttering our streets and squares, photographing us, peering into windows of our homes invading and denying our privacy, coaches, engines running, outside our houses, groups of tourists aware only of themselves oblivious to others. people behaving badly because they are away from home; forgetting their manners, acting as though they have...
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...the author’s message was conveyed and the depth of detail provided more clarity. Sustainable Sanity The spelling and grammar for Sustainable Sanity’s marketing plan was overall very good. There were very few spelling errors but there were some noticeable grammar errors. In this plan, however, the errors weren’t as distracting as L’eau a la Bouche’s plan which made it easier to read through. Executive Summary L’eau a la Bouche Overall, the author did a very good job of highlighting the key areas to be included in an Executive Summary: * Company Profile * Mission/Vision * Target Markets * Relevant Trends * Company Form * Management * Short- and Long-Term Objectives * Financial Goals One key area that could have been expanded upon was the section highlighting financial goals. The author had a strong narrative describing these goals, but including graphics such as bar graphs and tables could have provided an additional means of viewing and interpreting the information. This is especially important when the Executive Summary is in front of bankers and investors because they give this document a cursory...
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...Anh Nguyen PHI 111-112 Assignment #2 Essay 1: What is your belief about ultimate reality? In this position paper, the worldview that I find the most persuasive is metaphysical naturalism. I realized that I am a naturalist that believes the nature is all that exist. Therefore, that all things supernatural (including God, spirits, souls and non-natural values) do not exist. Naturalists hold that all minds, the contents, powers, and effect of minds that are entirely constructed from or caused by natural phenomena. Following to argument from physical minds, scientists have many evidences that the human mind is a product of a functioning brain, which is entirely constructed from different interacting physical systems that evolved over time through the animal kingdom. In addition, mental and physical have a close relationship, so it means there is no mental happens that does not go with physical. Therefore, it is impossible to say that there are some souls and God exist. And, this argument is what we would expect if naturalism is true. According to argument from history of science, there is a single theme unifying the history of science, it is that naturalistic (non-supernatural) explanation work. The history of science has many examples of naturalistic explanations; however, there is no example’s supernatural explanations about naturalistic. Luckily, the naturalistic explanation is so successful that even these explanations also make scientific theists have to accept. Therefore...
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