...Alan is the finder of Bart’s lost item before Bart offers a reward. In Contract law a reward offer is binding. In Property law a person has a responsibility to return lost personal property to its rightful owner. Issue: Is Alan entitled to collect a reward before he returns Bart’s object? Rule: MacFarlane v. Bloch, 59 Ore. 1 (Or. 1911) In the above mentioned case, one party found a pocketbook with a value of over $1,000.00. The finder made a concerted effort to locate the owner by taking out an ad in the local newspaper in the lost and found section of the classified section. The owner also placed an ad for a reward of $100 for the return of his pocketbook. The founder responded to the ad stating that he was in possession on the lost pocketbook. He was told that he needed to return the pocketbook or he would be arrested for larceny. The finder returned the pocketbook and sued for the reward that the owner placed on the return of the pocketbook. It was stated in this case that “the return of the property completed the contract and the owner was liable to offer reward.” When the reward was offered the finder had a lien for the payment against the property. It makes no difference in eyes of the law if the property was found first or if the reward was advertised first. The reward was for the return of the lost property and not for the actual finding of the object. In this case the owner was obligated to pay the finder the $100.00 reward that was advertised. Wentworth...
Words: 609 - Pages: 3
...Re: Bart Vs Alan Facts: Alan found an object belonging to Bart in the state of Oregon. Alan found this object prior to Bart offering a reward for it’s return. Bart now does not want to give the reward to Alan upon the return of the object. Issue: Under Oregon Law, Alan is required to return the object to Bart. Can Alan insist on the reward before returning the object? Rule: In MacFarlane v. Bloch, 59 Ore. 1 (Or. 1911) a pocketbook was found by the plaintiff belonging to Bloch. The pocketbook was found prior to Bloch offering a reward for it’s return. The plaintiff asked for the reward as a condition for the return. The defendant refused and had MacFarlane arrested for larceny. The plaintiff returned the pocketbook and was released. The plaintiff proceeded to sue for the reward. The court determined that the reward should be given to MacFarlane, “it was immaterial that she found the book before the offer was made, the reward not being for the finding but for the returning of the book”and “plaintiff complied with this condition of the offer.” Thus, it completed “the contract, making defendant liable for the award.” The court ruled the plaintiff was entitled to the reward and could hold the lost item until the reward was paid. In Watts v. Ward, 1 Ore. 86 (Or. 1854) horses were found by the defendant and an attempt was made to return them to the plaintiff. However, in the process of delivering the horses they were used for driving cattle, hunting and for the defendants...
Words: 497 - Pages: 2
...Re: Validity of reward for return of lost object Relevant Facts Alan finds a lost object belonging to Bart. Alan intends on returning the object to the rightful owner. Bart, after realizing that he lost the object and after Alan finding it, offers a reward for the return of the object. The events have happened in Boring, Oregon. Issue Presented The issue at hand is whether a reward for the return of the object is binding when it’s made after the object has already been found by another person. Applicable Law In Oregon Supreme Court ruling MacFarlane v. Bloch, 59 Ore. 1 (Or. 1911), the court has sided with the finder of a lost pocketbook and demanded that the rightful owner pays a reward to the finder, after the pocketbook has been returned. The owner claimed that the pocketbook was found before the rewards has been announced, and that the finder delayed returning to pocketbook. “To entitle plaintiff to a reward for finding a lost pocketbook, it was immaterial that she found the book before the offer was made, the reward not being for the finding but for the return of the book.” MacFarlane, 2. The court decided that it was irrelevant when the offer for reward was made, as the reward is for returning the item to the rightful owner and not for merely finding it. The Oregon Supreme Court has also ruled in Watts v. Ward, 1 Ore. 86, 88 (Or. 1854), that the finder has a right to hold onto the lost property until...
Words: 435 - Pages: 2
...of Facts Bart has lost a piece of his personal property and is offering a reward for its return. Bart then does not want to give a reward. Alan has found Bart’s personal property and is demanding a reward as a pre-condition to its return. Issue The issue in this case is whether under Oregon law, Alan can insist on the reward as a precondition for the return of Bart’s personal property? Rule In MacFarlane v. Bloch, 59 Ore. 1 (Or. 1911), MacFarlane, the plaintiff found a pocket book which held $1000 worth of promissory notes belonging to the defendant, Bloch. MacFarlane demanded a reward in return for the pocketbooks return. The defendant refused to pay any reward and had the plaintiff arrested. The plaintiff then filed a suit against the defendant for the reward and won. The court held that the plaintiff had made a “good faith” attempt to find the true owner in trying to return the pocketbook and therefore was entitled to a reward. The courts indicated that offering a reward becomes a contract and once the condition of the reward is met, then the contract would be considered complete and a reward must be given. The court found that if the plaintiff really found and took possession of the goods and believed they were in fact lost, with a purpose to preserve them and return them to the owner, she was in the condition to claim a reward upon complying with the terms of the contract. There essentially is a lien on the property in exchange for the reward. In Watts v. Ward...
Words: 589 - Pages: 3
...The given set of factors requires a discussion of the rules relating to formation of a contract, particularly focusing on offer and acceptance. According to the section 2(h) of Indian Contract Act 1872, “An agreement enforceable by law is a contract.” There should be two items which are objected to make contract are (i) An Agreement and (ii) Legal Obligation. In section 2(e) defines that, “Every promise and every set of promises, forming the consideration for each others, is an agreement.” From that definition it is clearly stated ‘promise’ is an agreement. However in section 2(b) which defines the term “when the person to whom the proposal is made signifies his assent thereto, the proposal is said to be accepted. A proposal, when accepted, becomes a promise”. An agreement is the total combination of “Offer” and “Acceptance”. However in this case Mini gives a promise to pay TK20000 as a reward to whom who finds her each items of lost jewellery. An agreement to become a contract must be able to rise to a legal obligation, a duty enforceable by law. If an agreement is incapable of creating a duty enforceable by law it is not a contract. As all we know that “All contracts are agreement but all agreements are not contracts.” Section 2(h) according to the Indian Contract Act 1872, however provides some essential elements to create legal contracts between two parties. These ares- To make a contract the first and foremost things is that there must be legal offer and legal acceptance...
Words: 1182 - Pages: 5
...ISM6026: Management of Information Systems and Technology Professor Derrick Huang Assignment: You are a business manager with an IT or IS proposal to resolve a business issue that you encountered. How do you convince your boss(es) to approve this project? You write a business case, of course! A business case, simply put, is a proposal for a project that aims at an internal function area of a company. To do so, you need to define the project, analyze its scale and scope, identify its business impact, and present the financial analysis. The final project is a “real” business case of an IT solution to a business issue. Each student will pick a company and a particular IT project, and write a business case on it. (You may be allowed to team up with one other student for the project, but such team work has to be approved as a special case in advance based on its pedagogical merit over individual work.) The company of your choice has to be a real one; the proposed IT project has to be realistic, and the combination has to be futuristic. In order to do this business case project, you should follow the steps: (1) Come up with a company setting and the issue or project you want to study. You have complete freedom in choosing the company that you want to set your business case in and the project that you want to work on, with only the following restrictions: • The company has to be a real one, and you have to name it. An anonymous company is not acceptable. (I will agree to non-disclosure...
Words: 2368 - Pages: 10
...consequences. Operant conditioning has a common sense element. When we reward a behavior, it increases. When we punish a behavior, it decreases. A substance or activity can only become addictive if it is rewarding; i.e., if it is pleasurable or enjoyable (at least initially). Individuals who dislike particular substances or activities have little risk for developing an addiction to those substances or activities. Such dislikes are not uncommon. Some people do not enjoy certain substances or activities. This protects them from developing an addiction simply because those substances or activities are not enjoyable. They are not rewarding. Addiction is a learned behavior because the initial pleasure or enjoyment was rewarding. According to the principles of operant conditioning, rewarded behaviors will increase. Of particular concern is that most addictive substances and activities are immediately rewarding. Research has taught us that when we immediately reward a behavior people (and animals) learn it more quickly. This also explains why the addictive substance or activity tends to replace other, more healthy sources of reward. These other types of rewards are frequently delayed (such as the return of good health). An unfortunate cycle also develops. As addiction progresses, the availability of natural, healthy pleasures (rewards) decline due to the addiction. Friendships are strained. Meaningful jobs or hobbies are lost or abandoned. When this happens, addicted people become more and...
Words: 592 - Pages: 3
...dealerships to incentivize promoting our new line. Special Deals – Extended terms for stocking inventory Premiums – Tiered discounts for volume unit purchases. Cooperative Advertising Allowances – Subsidizing a portion of the dealership’s local advertising cost. Display Allowances – bonus payments for premium floor space in high traffic areas. Sales Contests – Incentivize the dealer’s sales team to promote our scooter over the competition. Advantages and Disadvantages Higher Margins – This has the advantage of offering a higher return to the dealership and/or the salesperson. However, the difference of a percent or two of commission sometimes can get lost in the overall picture if the item itself is a harder sell. Sales people usually follow the path of least resistance. If a competitor’s product has more market recognition and a buyer is asking “buying questions,” a salesperson is not going to try to direct the buyer to the higher margined item unless the margin is significantly higher. In an age where competition rules, it is unusual for a supplier to have sufficient margin themselves to incentivize solely on margin. Special Deals – Offering an extended payment term is usually of interest to a dealership. The extended terms alleviates some pressure on their working capital needs. The disadvantage is that it requires an increase in working capital for the supplier. Premiums – A tiered discount program incentivizes a dealership to move a minimum number of units a month...
Words: 855 - Pages: 4
...standards of service are what we all shoot for." Turn Returns into Sales: Once we sell a product or service to a customer, the last thing a retailer wants is to get that item back. However, our job is to satisfy our customers and returns and refunds are a reality of retailing. Here’s how to turn those inconvenient returns into exchanges and avoid refunds by implementing these simple customer service skills. 1.Listen and Learn: Start the return transaction by genuinely listening to the customer. This allows the customer to be heard and it’s your chance to understand the shopper’s needs. Once the customer is finished speaking, begin asking any unanswered questions to establish the reason for the return. Why is the item being returned? What is wrong with the item? What end result is the customer seeking? Once the reason for the return is known, we can offer solutions to the problem. 2.Offer Suggestions: Now that we understand why an item is being returned, we can suggest alternative products or solutions. Would the shopper like a different style, color or size? Could a similar item serve the customer’s needs? Do we offer a better product than the one being returned? If so, make those suggestions. Be sure to mention the benefits to the customer. This isn’t just a return; it’s another opportunity to sell. 3.Cross-Sell and Up-Sell: If no substitution will satisfy the customer, all is not lost. Depending on the store’s return policy, it may be possible to offer in-store credit or...
Words: 1160 - Pages: 5
...Prologue Mitra, yama, qsiti and sovani… these four races exist in one world. In ancient times, mysterious artifacts referred to as Remnants were discovered all over the world. People used these objects for their awesome powers – a choice that eventually began to cause a rift in the world’s balance. Equality was replaced by those who ruled and those who were ruled over. War was inevitable. A thousand years later is when this story begins… Preface Welcome readers for one of my last walkthroughs that is scheduled to be released this year. Due to my self imposed “game writing holiday” and delayed shipping, the release of this exclusive has been moved drastically for almost two weeks behind. I know the game didn’t garner good reviews but I am sure there are other gamers like me that don’t rely on reviews for the sake of enjoying or experiencing the game. It has many flaws indeed, but being a seasoned RPG player like myself, I tend to overlook those shortcomings and enjoy what the game has to offer. I hope this document may assist you on your journey. This is another exclusive guide brought to you by yours truly and of course IGN. Since this is an exclusive, this guide will be featured only in IGN.com and its network. Kindly email me if you saw this guide someplace else. Any feedback from you guys is very much appreciated. I will try to cover everything that needs to be covered but I can’t guarantee you that this will be perfect (just imagine one guy can do with such limited time...
Words: 21694 - Pages: 87
...Certification of Authorship: As a student of American InterContinental University I pledge that all tests taken by me, and that all work submitted by me, will be original and solely the results of my own efforts. _______________________ ABSTRACT In this paper we are asked to answer specific questions concerning the case involving a man from Seattle who filed a lawsuit against a very popular soft drink company in regards to a Harrier Jet that the man alleges was promised as part of an offer through advertisement. I will discuss the objective theory of contracts, the four essential elements of a valid contract and how they correlate to the case mentioned above. I will also bring light as to why this specific case did not succeed in court and how this case was different from any other case that used the same approach to customers through advertisements. When dealing with contracts there are 4 essential elements that make a contract valid. These 4 elements would start off with an offer, then Acceptance, intention of legal consequences, and then consideration. An offer means that clear, definite statement to do something must occur. Estimates, requests for proposals and letter of intentions do not count. With an offer of course comes an acceptance. An acceptance is when the offer brought to a person whether it’s a verbal or written agreement is accepted. Acceptance of the term in its exact form can...
Words: 1496 - Pages: 6
...Filipino Honesty: Are You Still There? BALONDO, MICAELA M. CARIÑO, CLAUDETTE LOUISE V. CRUZ, RIZALINA J. REANDINO, ARGEL D. ROSALES, MA. KATRINA C. Submitted to Ms. Eleanor Sibal Professor in Society and Culture with Family Planning In partial requirements for the degree of BACHELOR IN SCIENCE IN PSYCHOLOGY March 2014 TABLE OF CONTENTS I. Introduction A. Background of the study………………………………………………………………………………………………….. B. Purpose of the study……………………………………………………………………………………………………….. C. Significance of the study………………………………………………………………………………………………….. D. Scope and Limitation…..………………………………………………………………………………………………….. II. Review of related Literature……………………………………………………………………………………………………….. III. Methodology……………………………………………………………………………………………………………………………. IV. Results and Discussions A. Description of the subject……………………………………………………………………………………………….. V. Conclusions and Recommendations…………………………………………………………………………………………… Bibliography………………………………………………………………………………………………………………………………….. Appendix………………………………………………………………………………………………………………………………………. CHAPTER I Introduction This dissertation aims to document the prevalence or presence of honesty among Filipino, which will be represented by the PLM community. Background As defined, honesty refers to a facet of moral character and connotes positive and virtuous attributes such as integrity, truthfulness, and straightforwardness, including straightforwardness of conduct, along with...
Words: 3254 - Pages: 14
...resembles Madame Loisel from "The Necklace" in a number of ways. Both are the protagonist of the story. Maitre Hauchecome was accused of stealing a pocketbook from someone and Madame Loisel lost her friend’s expensive diamond necklace. In both cases, the characters do not have an item they should have had in their possession or accused of having. Nevertheless, Maitre Hauchecome is angered when he realizes that nobody believes him for not having the missing item with him, while Madame Loisel feels deep distress and anxiety about loosing her item. Maitre Hauchecome also somewhat acts like Monsieur Loisel because he appears to be a caring, gentle, poor man who tries to please people. The characters reacted to their situations differently. In "The Piece of String," Maitre Fortune Houlbreque resembles Madame Forestier in "The Necklace" because Maitre Fortune Houlbreque lost a pocketbook and Madame Forestier’s friend lost her diamond necklace; both characters were missing an item. Also, Maitre Malandain from "The Piece of String" and Monsieur Loisel from "The Necklace" are characters who are quite different; Maitre Malandain told people that Maitre Hauchecome was guilty of the crime against him; he didn’t want to help him at all. Monsieur Loisel bent over backwards to help find the diamond necklace her wife lost and even helped to pay for the replacement. As you can tell, there are many differences and similarities between the two short stories. The plot of "The Piece of String" goes as follows...
Words: 1766 - Pages: 8
...BEAGLE INSTRUMENTS COMPANY Beagle Instruments is an electronic instrumentation manufacturer servicing the manufacturing industry with measuring devices for industrial processing. It has grown from a small operation in New England ( on the East coast of America ) to become nationally known with total sales approaching $ 100 million per annum. Rather than establish branch plants Beagle have continued to produce all its product lines of predominantly high-value items in the one location. Most sales are made through industrial distributors, who tend to carry a very limited stock of the highest turnover items, ordering the majority of product as customers’ orders are received. In Beagle’s market, Beagle has established itself as a pioneer in new product development. However they have developed products to the point of maturity in the product life-cycle, only to lose to competitors able to produce and supply similar equipment on the basis of faster service. The question of service revolves around order cycle time, which is particularly important to customers lying at significant distances from the plant. Recent cases where the salesmen had specified « ship via premium transportation », considerably more expensive than the normal shipment cost but with considerable service improvement, had awakened management to the need to improve service especially for distant customers. Beagle’s present shipment policy is to ship directly from their plant-based distribution centre...
Words: 911 - Pages: 4
...Monae’s Shoe Store Marketing Plan Company Address 2106 Boulevard Circle, Colonial Heights, VA 23834 Phone: 804-524-1240 Fax: 804-524-1212 Email: monaesboutiqueshoestore@gmail.com Website: monaesboutiqueshoestore.com Student: Aungel Williams Professor: Donna Falloon MKT100 February 2,2014 Table of Contents Executive Summary 3 Swot ANALYSIS 4 Strengths 4 Weaknesses 5 Opportunities 5 Marketing Objectives 5 Marketing Objectives 5 MARKETSEGMENTATION…………………………………………………………………………………………6 Product, Price, Promotion and Distribution Strategies 7 Products or Services 7 Pricing Strategy 8 Promotion Strategy 8 Distribution Strategy 9 Appendix/References 10 Executive Summary * Monae’s Shoe Store is an upscale store for women of fashion and style that will carry only top of the line quality in women’s shoes and accessories seven days a week. MSS selection will range from the basics of comfortable flats, scandals, and the trendy stiletto shoes and boots. When it comes to trendy, nice looking shoes, aesthetics are prioritized more than fit. This is evidenced by the fact that women wear high heels shoes with narrow, pointy toes. Clearly these shoes are not comfortable, but they look so nice and that is what counts. MSS shoes and accessories will be purchase through sales of sizes, colors, and styles to fit for all customers base. MBSS can receive a customer’s needed size within two days rush over night shopping is available at additional cost...
Words: 1880 - Pages: 8
