Business Law Essay Example for Free

Business Law Essay Introduction At the course of Business Law, we got the knowledge about the contract. In addition we have an assignment that provides a contract analysis. This evaluation of the contract will be reviewed in accordance with the following requirements: 1. What specifically makes this contract enforceable? 2. What are the responsibilities of both parties? 3. What are the possible damages and liabilities? 4. What impact does a potential breach of contract have on the business? 5. Summarize, by reflecting in general on the impact legal issues can have in both small and large businesses. So, a contract is any voluntary legally binding agreement between two or more people or businesses. In our case the two parties will be represented by The State of Oregon, and by Pro DX, who will provide services and goods to the first one. 1. What specifically makes this contract enforceable? Based on the English Statute of Frauds, not every contract has to be in writing to be valid and enforceable, but some contracts should be. This agreement between State of Oregon and Pro DX, should be in writing because this contract involving the providing of services (repairs, replacements, maintenances, and others) exceeding a big amount of money. To avoid misunderstandings and disagreements and to reduce the possibility of perjury by one party or the other, this contract should be in writing. Furthermore, because it can be performed in less than one year, this kind of contract can be in oral form, and it requires involving the third party (a witness) who in case of the trial will bring a reasonable and effective evidences, otherwise one of the party might deny that the contract ever existed or might disagree on the terms of the contract. Besides that this contract is a service contract, it is also a good contract because it requires implementation of goods components in modernizat ion of the software. (Article 2 of the UCC) This contract, like all contracts become enforceable if all the elements of the contract have been fulfilled without fail. First that prove that the contract is enforceable is the offer. * The offer is a proposal made by one person to another person for the sale and purchase of goods, to engage in a job, action participation, and provision of services. So this contract offers software system design and programming services, in the future is valued at $ 52,800.00 for the state of Oregon. * Another element mentioned in the contract is acceptance. In general acceptance of an offer is a manifestation of assent to the terms thereof made by the offeree in a manner invited or required by the offer. Acceptance in this case is described that contractor, herein Pro DX, agrees to perform the work in accordance with the terms and conditions of this contract. * Another important element found in this agreement is the legal consideration; this means that each party must provide something of value. In our contract this means that one party (Pro DX) will provide a service (such as maintenance, programming services, software), or a product, in exchange for money (from the State of Oregon, therein represented by the DHS). * If talking about a Professional Data Exchange Company and State of Oregon, we automatically can say that another element of contract is automatically respected. This is capacity to create a contract such means that each party must have the legal capacity to enter a contract. In most jurisdictions that means that they must be at least a certain age and of sound mind. For this mentioned companies it may mean that the individual is given express authority to enter a contract in the company’s bylaws or other formal documents, such is State of Oregon that is acting by and trough its Department of Human Services, Office of Information Services, hereinafter referred to as DHS. * An element with the biggest importance is that this contract has a legal purpose. And it is, because this agreement refers just to providing of services and not illegal things. * The last element that should make enforceable this contract is that both parties should be mentally competent. In special this contract, has all this requirements but it is still unenforceable because it doesn’t have so little elements that also make a contract enforceable. These are: the commencement date of the contract, party’s rights written in and not only the responsibilities, and party’s signatures and stamps. 2. What are the responsibilities of both parties? The important responsibilities of the contractor (therein as Pro DX) are: * To provide system design and programming services, including COBOL II, Easytrieve Plus, CICS, CA Intertest and VSAM and DB2 file structures, and make corrections approved by DHS Project Manager. * To construct or modify and implement programs/ files that will control the processing of rates on the JD/CBC system, based on DHS supplied Project Design document and criteria. * To perform design changes, programming, acceptance testing or implementation to address unforeseen error(s), newly discovered bugs and/or interfacing issues. * To demonstrate successful implementation of the production system content with the requirements of Statement of Work to DHS Project Manager. * All these services should be provided in specific limit of time and cost. While the DHS Project Manager responsibilities are: * To provide the necessary methodologies and standards that conforms to documentation standards. * To promote the rules for completing each task within time frame and approval of every task. * To define and document what testing data is needed for the CBC/512 rate structure project. * To pay for services provided by contractor herein as Professional Data Exchange (ProDX). 3. What are the possible damages and liabilities? If Pro DX breaches the contract, the possible damages can be: * The DHS might sue the party for a remedies under the law; * The Pro DX will be enforced to pay the caused damages, that can be compensatory, liquidated, nominal, and/or punitive damages. * The Pro DX can be enforced to a specific performance. Basically a decree requiring the breaching party to perform their part of the bargain in the contract. * Pro DX might meet with the terms such -Cancellation and Restitution. A non-breaching party may cancel the contract and sue for restitution if the non-breaching party has given a benefit to the breaching party. The former contract which is the subject of dispute is â€Å"rescinded† (cancelled), and a new one may be formed to meet the parties’ needs. * Pro DX will have to pay the attorney’s fees and cost. (in case of litigation). If we will look from the DHS’s side, the possible damages that can appear are: * To waste time waiting for the performance; * To lose the work that should be provided after the implementation; * Damage also includes the costs of hiring another company to finish the job. The liabilities that can be provided by Pro DX are: * To provide the programs and software that will satisfy the State of Oregon; * To complete all maintenance work within time frame; * To not to exceed the cost and work hours. The liabilities that should be provided by DHS are: * To establish the criteria and methodologies necessaries to accept the new right implemented programs and software; * To make corrections (if needed) in the supplied services; * To pay money for successful implemented system. 4. What impact does a potential breach of contract have on the business? So in the case of non-fulfillment of a contract by one party (for example by Pro DX), as a result the other party (DHS) suffers losses. Breach of a contract has negative effects, and has wide ranging consequences both legal and practical to the parties to the contract: * Loss of money – (if, for example, Pro DX refuses to form his side of the bargain on the due date or performs incompletely, in result the second party, DHS, will lose their money for this implementation and also will lose their time spend on waiting for, and somehow will lose the profit that can be made further). * Loss of time (if, for example, Pro DX’s programs and software will not be accepted by the DHS’s side, the first will result that lost their time, and some files or programs, for doing this job). * Loss of a financial partner- it can be lose a potential investor or/and the business with who you are dealing. * Loss of trust- it is bad for any business, because no one will have pleasure to make business with an entity that lost trust in the market. * Loss of markets- insufficiently active or successful business means a loss of competitiveness and loss of market. * Injury to reputation It is not good for a business reputation if word gets out that they have not honored their part of the contract. Other companies will be reluctant to do business with an entity which has previously defaulted on other contracts. 5. Summarize, by reflecting in general on the impact legal issues can have in both small and large businesses. Although some recent studies have looked at the impact of regulations on the relationship between government and private business in general, the attention has been directed toward understanding precisely how government regulations have affected small businesses. There is good reason to believe that size matters. Precisely because of their smaller size, small businesses are likely to be less diversified and less able to leverage economies of scale or to access capital markets. As a result, small businesses might be more risk-averse and less able to react to unexpected events compared to larger businesses. Large firms with deep pockets might be more frequent targets of employee discrimination, wrongful discharge and other suits. Large firms might also have a stronger incentive to spend substantial resources aggressively defending any one suit so as to deter future suits. On the other hand, small firms may be more vulnerable to breach of a non-compete agreement or violation of trade secrets rules as the entire business may depend on that trade secret. As a result, they may be more likely to prosecute, in spite of the costs and the risks of bankruptcy. (http://www.census.gov/epcd/www/smallbus.html, Source: U.S. Census Bureau.) Also as an owner of a small business or a large business, the common danger of crippling litigation should also be at the top of your priorities. Disgruntled Employees, Discrimination/Harassment Cases, Immigration Audits – any business should make sure that all its company’s employees can legally work in the United States. Unsatisfied Customers Customers who are unsatisfied can file class action lawsuits against the company, in which they gather in large consumer groups and attack the company over faulty products, services or promises. With enough unsatisfied customers, class action lawsuits can do more damage than any individual or corporation and irreparably tarnish your brand’s image. Other Legal Issues These are only some of the most common legal issues facing small and large businesses today. Good communication in the workplace and a hands-on approach to management is the best deterrent to legal issues. Of course the big companies that are facing with these issues, the damage (financial risks, or company image) are higher and have a more sever reflection, than a small company could have. 6. What are the implications this project has for your chosen career? At the end of this evaluation of the contract, as a future accountant, I understood that the contract is the safer way to make an exchange of goods and/or services. I got the knowledge what is a valid contract, what it makes enforceable, what are the elements of the contract, what are the risks and liabilities. This big source of information will help me to be more capable and to feel free while signing a contract. Those skills will help me to manage my business or my job as accountant without breaking the law. Everyone in his life has deals with the contracts, even if this is unwritten or is written one. Even in the supermarket, or when we are buying clothes, we are doing the exchange of money and a product. So the rules of the contract is that one party is offering something, when another party is considering your offer and decides to have a relationship with you or not. Also, as an accountant or a business woman, an important thing is to know how, to behave in unexpected situation. In activity of businesses can appear the situations called Force Majeure- this is an emergency, do not depend on the participation of the parties. (For example: fire, earthquakes, hurricanes, and others.). In this case, none of the parties is legally responsible for its obligations. Further, to that contract, is made an additional agreement, which specifies other conditions. So knowing what is legal and what are the criteria that make a contract valid and enforceable will help me to succeed in my accountant ca reer. Conclusion Business law courses were often overlooked in high school, or college. It’s not an education required strictly for attorneys that represent and defend businesses, in fact it’s pretty much for almost anyone. Contracts are written or oral agreement between two or more parties. The parties can be individuals, companies, non-profits or government agencies. With a contract, two or more parties agree to exchange services or promises. Many parts of our daily lives involve contracts. When we buy an insurance policy for the home or the car, for example, we are entering into an agreement. Many people have employment contracts. Even when we go to a doctor these days we have to sign a contract agreeing to receive medical treatment. If speaking in special about this analysis of a contract, about knowing how and when we enter into a contract to be safer, more convenient and profitable. So business law through information and specific examples will help us to get more information sought. In analysis of such a contract, we are able to focus on the elements and requirements so, that we do not overlook anything. This practice will develop in the future to have a professional behavior in the process of concluding a contract.

Women, Sport and Film :: Movies Films Athletics Essays

Women, Sport and Film The history of women’s sports is a rocky one with some many obstacles against the establishment of a competitive league for women. It is somewhat unusual to think of a time period where women were not allowed to play sports or have any say in which sports they were to play. However, one must only look back about a century to find a period in history where men believed that women were physically and socially unable to play sports. Men believed that a woman would damage her reproductive organs by playing any type of sport and would damage her image of being a lady if she was found to be physically exerting herself. Thankfully, these thoughts did not persist and the establishment of all women athletic associations was seen. Yet, once again men tried to intervene and eventually were able to cause a merger of the two genders under one heading, primarily the NCAA. This merger eliminated many of the leadership roles women had previously held and therefore causing women to play under the shadow of men. The beginning of women in competitive sports can be traced back to the 1890’s and the introduction of basketball to women at Smith College. However this initial involvement was linked to medical reasoning more than anything else. Women physical educator’s mission was to â€Å"balance the rigors of intellectual life with healthful and ‘appropriate’ sporting activities.† In order to maintain the appropriateness of sports, there were only female physical educators and only specific sports where practiced. These sports included swimming, tennis, golf, dance, and basketball. During the 1890’s the Committee of Women’s Athletics was begun and was responsible for setting regulations that educators needed to follow when in came to sports and women. This was the first example of women in a leadership role within the sports sphere. The CWA believed that women should not be included within the Amateur Athletic Union (AAU) due to the practices they had witnessed by the AAU in terms of men’s sports. The CWA was able to claim â€Å"legitimate jurisdiction over all females in educational sports and tried to control athletics in the public sector as well.† This control was something that women tried to hold on to during the beginning of the following century, however this grasp would be harder and harder to maintain. As the twentieth century continued women sports were in a constant battle with the AAU and other organizations pertaining to the merger of the two spheres.

Role Adversity Plays in Shaping Identity

Role adversity plays in shaping an individual’s identity Discuss the idea(s) developed by the text creator in your chosen text about the role adversity plays in shaping an individual’s identity. A man is insensible to appreciate prosperity until he has tasted adversity. Adverse situations shape an individual’s identity and play a significant role in one’s life by shaping personal values, determining one’s own potential and self worth. Khaled Hosseini conveys how hardships shape individuals identities through the characters of Amir, Baba, Hassan and Ali in his novel The Kite Runner. Like every individual they go through a series of incidents and hardships that shape who they become and how well they deal with struggles in life. Life is not about finding one’s own self, but about creating and learning from experiences. As one goes from childhood to adulthood and deals with the hardships of life, they grow as a person and learn from their experiences. Amir’s journey of life displays how incidents and hardships shape ones identity. Amir as the kite fighter lets Hassan the kite runner get raped by Assef due to fear, jealousy and need for love. He sacrifices Hassan for his selfish desires and the need to prove himself worthy to Baba. â€Å"I actually aspired to cowardice, because the alternative, the real reason I was running, was that Assef was right: Nothing was free in this world. Maybe Hassan was the price I had to pay, the lamb I had to slay, to win Baba. † Hassan’s rape shaped Amir’s identity and his personal values. He valued Hassan but he valued Baba’s love even more. He valued his need for acceptance more than humanity and loyalty to his friend. Rape created guilt and regrets; it shaped Amir’s personal values. After betrayal the need to belong was a struggle for Amir. He looked for ways to make Baba proud of him and searched for acceptance. It’s only natural to want to be accepted and loved however one has to decide how far they are willing to go to achieve that. Amir’s actions and decisions resulted in his loss of innocence which shaped his identity and character. Adverse situations in Amir’s life made him realize his own potential and had an effect on self worth. When Amir is at last given a way to be good again he redeems himself by becoming the kite runner. Amir goes into Afghanistan under the Taliban regime, as an adult, to rescue Sohrab. By rescuing Amir relives himself of overwhelming guilt that compounded over years. Getting beaten up by the rapist and bringing Sohrab back home makes him feel worthy. He no longer feels useless however he achieves true redemption when he becomes the kite runner instead of the kite fighter for Sohrab. By saying â€Å"For you, a thousand times over,† he amends for Baba and his sins and forgives himself. Hardships made Amir who he was since the beginning and he grew as a person by the end. Amir learned from experience and determined how adversity played a role in shaping his values, determining his potential and providing him with a feeling of self worth. Every individual learns from experience and grows as a person all together. Baba as Amir’s father also faced adversity and it shaped his identity as a person. Incidents from his past created his future and played a significant role in creating his character. Baba slept with Ali’s wife behind his back and Hassan was the living proof of his betrayal and disloyalty towards his friend. Sanaubar carrying Baba’s son created an adverse situation which teaches everyone a lesson about honor and disloyalty. All his life he had to hide the truth from the world and by keeping Ali and Hassan safe in his house he was revising for his mistakes. â€Å"I don’t care about the money or the watch. † He forgives Hassan for stealing despite the fact that he considered theft as the only crime. He was always nice to Ali because he was guilty and wanted redemption. His past affected his decisions and shaped his identity. It strengthened his personal values and made him question his self worth. Baba’s experiences with women in his life made him stronger since he stood up for a strange women’s honor on their way to Pakistan. When the Russian soldier asked for half an hour with the lady in the back Baba stood up and spoke against it. Baba had the courage due to his past experiences and adverse situations he has already faced. I will take a thousand of his bullets before I let this indecency take place. † His personal values and beliefs went against Russian soldiers demands only because incidents before have had an impact on his character and they shaped his identity. Baba constantly tries to do good deeds to redeem and perhaps forgive himself. Another example of shaping identity is society pressure. Baba’s image mattered, how other people saw him and how they treated him was a part of his personal values and self worth. Wealth, status and honor were how he was portrayed in front of society. Society pressure and judgment shaped Baba’s identity and impacted his decisions. He was ashamed to tell everyone that he is Hassan’s father, a father to a Hazzara. He did not want to lose his identity of being a Pashtun or be disrespected due to his past. Just as Amir Baba was willing to deal with guilt and regret for personal desires and searched for true redemption the rest of his life. Different people have various beliefs and their own way of doing things. Hassan was one exceptional character whose loyalty overruled all betrayals in the novel. Just as any other individuals Hassan dealt with hardships in life however Hassan’s selflessness made him far different from Amir and Baba. Hassan was illiterate and wanted to learn how to read and write. He used Amir for his personal desires, the desire to read and learn. â€Å"we sat for hours under that tree, sat there until the sun faded in the west, and still Hassan insisted we had enough daylight for one more story, one more chapter. † At that time in Afghanistan written words were no use for servants especially if they were labeled a Hazzara. Hassan being Ali’s son, who was only true for the world, had to live with being illiterate and deprived from his rights to knowledge. Difficult events and hardships shaped Hassan’s identity and life. His illiteracy was a part of him and had an impact on the decisions Hassan made in life. Hassan was naive and his innocence poured out through his actions of friendship and true loyalty. The character of Ali also conveys how situations of life shape ones identity, how they create a person and determine ones potential. Ali was Baba’s servant and that was a reason for why he was never able to speak up for justice. When Hassan was framed for stealing from Amir, Ali had the choice to tell the truth, he restrained from giving up Amir only because he gave Hassan his word. Baba and Amir were always superior and Ali’s personal values told him that it was better to leave it as it was. Ali realized his self potential then and left home with his honor and dignity. Adversity was essential for developing his self worth and Ali’s role as the servant shaped his identity and plays a significant role in his values and beliefs. Similar to Ali Hassan strengthened his beliefs through hardships and truggles, Hassan was loyal at the beginning and despite of all the betrayal and deception from Amir he stood loyal and strong until the end when he sacrificed himself once again while guarding Baba’s house. When faced with adversity, there are a select few who can push it aside for the greater good. It takes a special kind of person to do what Hassan did. He followed through his principles which s haped his character and identity. People don’t appreciate happiness and everything they have until life takes a turn and teaches a valuable lesson. Amir, Hassan, Baba and Ali’s identities and characters were shaped around adverse situations and hardships of life. Difficult situations they faced created who they were; it strengthened their personal values, determined their potential and provided the feeling of self worth. Adversity teaches one’s self that a path with no obstacles, probably doesn’t lead anywhere. It is essential for growth of an individual throughout life because sometimes in tragedy one finds his life purpose- the eye sheds a tear to find its focus.

Professional Development Plan Essay - 717 Words

Professional Development Plan Russell Mattox LDR/531 9/12/14 Daniel Kessinger Professional Development Plan In order to develop a plan that will address the characteristics of my group and me as a leader; a thorough review of the completed DISC assessments much be completed on an individual basis and an overall plan can be derived thereafter. The individual analyses are as follows: Individual Assessments Jeremy Conner, Jessica Mills, and Brian Tuck are all predominately categorized as cautious in style. Their tendencies include: being tense with themselves and others when under pressure, having a natural curiosity about people, being concerned about what people think, feel, and expect,†¦show more content†¦Team Development Plan Based on the analysis of the DISC assessments, I would put myself in a leadership role on the team with Robert as my supervisor, and Jeremy, Jessica, and Brian as subordinates. My style is more fit to a leadership role due to my desire to accomplish bigger and better goals. This desire allows me to look bigger picture which must be done from an upper management perspective in order to keep the company ahead of the curve in all aspects of business to avoid pitfalls. Robert’s natural charisma and persuasiveness would make him great at motivating the rest of the team. This does not mean that Jeremy, Jessica, and Bryan aren’t just as important to the team success. All workers from top to bottom are needed for a business to be successful. I strongly believe in the phrase â€Å"you are only as good as your weakest member†. For this reason, I would make sure that they were given a chance to air their grievances and make suggestions on changes that should be made. I must make sure to allow every team member to have a say in the business processes because this is a weak point of my particular style. 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