School Violence, Its Causes and Prevention

School violence has become an international issue in education systems because it has affected not only delivery of educational services, but also lives of students. Advertising We will write a custom research paper sample on School Violence, Its Causes and Prevention specifically for you for only $16.05 $11/page Learn More Since education systems in various countries aim at enhancing intellectual capacity and shaping development of behaviors in society, it is critical in development of a peaceful and prosperous society, which relies on values and ethics. School violence is a global phenomenon for various studies show that due to globalization, developing countries are now experiencing high incidences of school violence signifying that they are adopting trends in developed countries. However, education systems play significant role in unifying diverse society as it provides a platform where children socialize and share different values of society and be come assimilated into diverse society. According to Benbenishty and Astor, school violence is a global issue that needs concerted interventions from various countries and stakeholders in formulation of theories and policies to avert increasing trends of violence in schools (75). Therefore, how can functionalism and conflict theory help us understand the nature of school violence? According conflict theory, violence is an inherent and natural tendency of human beings as it provides means of struggling and achieving resources. People in the society are constantly struggling to a achieve resources such as power, class, and status to keep abreast with social, economic, and political dynamics that shape lives. Smith argues that, most social conflicts emanate from unequal distribution of resources; power, class, and status, hence making people to struggle endlessly and eventually resort to violence as a means of achieving the resources (216). In schools, there exists inequality among s tudents and staff. Given that there is great power, class, and status difference between staff and students, it gives a potential source of conflict. Advertising Looking for research paper on education? Let's see if we can help you! Get your first paper with 15% OFF Learn More Sometimes tension occurs between student leaders and ordinary students due to power difference thus creating a conflict among students; moreover, students at times direct their aggressive behavior towards staff. Thus, existence of power, class, and status in schools forms the basis of violence that normally erupts many a times. Functionalist theory perceives a society as a social system that depends on certain critical functions for society to survive sustainably and stand the test of time. Therefore, since schools are social entities that function independently, they are social systems that need certain critical functions for them to run efficiently. According to Davis, for a social system to f unction effectively and efficiently, it requires appropriate allocation of roles and performance (4). In schools, if there is poor allocation of roles that consequently results into poor performance, it affects functions of schools as a social system and in turn elicits conflict. This means that if administration fails to show appropriate leadership or students fail to obey leadership, conflicts arise. Thus, stalled functions due to insufficient leadership results into violence in schools. Conclusively, violence in schools occurs due to unequal distribution of resources such as power, class, and status. Inequality in schools is the chief source of violence because conflicting parties will try to use violence as a means of achieving the scarce resources. Therefore, so long as there is inequality of resources in schools, violence is eminent. In addition, poor administration of schools as social systems that require stringent allocation of roles and regulation of responsibilities res ults into conflicts and violence. Therefore, to avert rising cases of school violence across the world, education systems should ensure that there is equal distribution of resources and effective administration of schools. Works Cited Benbenishty, Rami and Astor, Ron. School Violence in an International Context: A CallAdvertising We will write a custom research paper sample on School Violence, Its Causes and Prevention specifically for you for only $16.05 $11/page Learn More for Global Collaboration in Research and Prevention. International Journal of Violence and School, 4.6 (2008): 59-81. Davis, Kingsley. Functionalist Theory. Sociological Studies, 2009: 1-12. Smith, Allan. Theory Cumulation and Schools of Thought: Conflict and Critical Theories. Sociology, 2007: 211-241. This research paper on School Violence, Its Causes and Prevention was written and submitted by user Brooklynn Barlow to help you with your own studies. You are free to use it for research and reference purposes in order to write your own paper; however, you must cite it accordingly. You can donate your paper here.

Concept of Product Life Cycle Essays

Concept of Product Life Cycle Essays Concept of Product Life Cycle Paper Concept of Product Life Cycle Paper Essay Topic: Marketing The concept of the product life cycle (PLC) is one of major tools used in developing marketing strategy. This theory is more and more popular in recent years, because many marketers desire for a tool to help them understand the products development which means all products have their own life time as they eventually decline and disappear. Based on that understanding of the product, the marketers can adapt their marketing strategy and find a new product to replace the dying one. According to Brassington and Pettitt (2003), the PLC concept explains the life of a product in terms of birth, growth, maturity, decline and eventual death which is based on the assumption that the product has a life like a human. During its life, the product goes through different stages, and in each stage it has different performance in the market which includes different market growth rates and different competitive conditions. This implies the marketer must set up different marketin g strategy for each stage to suit for the development of product. The aim of this essay is to discuss the concept of product life cycle which can give the marketer some basic information about this popular concept. Firstly, the general background of the product life cycle is given which includes the concept and the stages of PLC. Secondly, the strengths and weaknesses of the product life cycle are discussed. At the same time, some recommendations to mitigate the negative influences of the product life cycle are presented. Finally, a general conclusion is draw. Concept of Product Life Cycle The concept of PLC is a useful marketing tool to describe the change of the sale for the product during its lifetime. According to Armstrong and Kotler (2000), product life cycle (PLC) is the course of a products sales and profits over its lifetime. The product life cycle is a useful concept to describe how products develop from first introduction into the market to eventual obsolescence. The theory is that products, like living things, have a natural life cycle beginning with introduction, going through a growth phase, reaching maturity, then going into decline, and finally becoming obsolete (Blythe, J. 2001). The classic PLC involves four distinct stages: introduction, growth, maturity, and decline (Jobber, D. 1998). But Blythe (2001) thought there are five major stages of PLC, which are product development, introduction, growth, maturity, and decline. In this essay, the product development is introduced firstly which is seen as the first and necessary stage in product development process. The reason is explained in the following section. At the product development stage, it begins when the company recognises the customer need for a special product. Then the company design and develop the new-product idea based on that demand. During the stage of product development, sales are zero and the companys investment costs mount (Armstrong, G. and Korler, P. 2000). Although it seems useless to analyse the sale and cost in this stage, it is still a very important part of a product life cycle. Its length will affect the whole cycle in some way. Then, the product enter into introduction stage which the company push the product into markets. In this stage, only the marketers understand the characteristics of this stage, they can make the right decision about the product strategy which is suitable for the new product. Because the recognition of customer for the new product needs a period, this introduction stage is a period of slow sales growth as the product is just introduced in the market. Profits are negative because of the low sales and the huge expense in advertising and promotion. Advertising and promotion are the key activities for business to attract the customer to try the new product. That huge investment is reasonable and necessary. And also the company needs to consider the investment to attract the distributors and build the inventory. At the same time, it is few competitors at this stage. If the new product satisfies the market, it will enter a growth stage, which is a period of rapid market acceptance and increasing profits (Armstrong, G. and Korler, P. 2000). At the beginning of this stage, the sale and profit grow quickly. More and more customers accept the product and buy it, the investment of promotion and advertising is lower than the introduction stage. And market share is increased accordingly and quickly. At the same time, more and more companies recognise the product has big profit. Therefore, more and more competitors enter into this market. After the development of the market, profits may become to decline in the end period of growth stage as more competitors enter the market, driving prices down and creating the need for heavy promotional expenses (Jobber, D. 1998). In this stage, company has to choose between the high market share and high profit when they make the strategy decision. Fourthly, when the sale growth is slowdown, the product enters to the maturity stage of its PLC because the product has achieved acceptance by most potential buyers. Dibb and Simkin (1997) thought that this stage is characterized by severe competition, with many brands in the market. Competitors use many different strategies to gain the market share such as product improvements, advertising, sales promotion, dealer discount and price cutting. Finally, decline stage is the period when sales show fall off and profits erode (Armstrong, G. and Korler, P. 2000). According to Jobber (1998), sales and profits fall during this stage as new technology or changes in consumer tastes work to reduce demand for the product. In this stage, the market lost interest in this product and the companies are unable to up-grade and support it. Therefore, marketers may cut promotion efforts, eliminate distributors, and finally plan to walk out from this market. However, not all products follow the classic product life cycle which explained above. There are variations of the product life cycle. Some of the products may have more than five stages and more fluctuant curves. For example, the high-tech products which are more than one S-Shape curve. This type of product can be up-grated and development many times which lead the sales and profit up and down. When the customer accepts the product, the profits fall. When the product has been developed and improved, the profits rise. With the continuous process of products development and customers acceptance, the profits keep rising and falling such as computers, mobile phones. Although different products have different product life cycle and different products move through their life cycle at different speed, the theory of PLC still seem as a very useful method to help marketers identify the sales trends and plan appropriate marketing strategy and activities. Strengths and Weakness of PLC The product life cycle is a common and popular marketing concept that it appears at every standard marketing text. The strengths of the PLC are very obvious. Firstly, based on the theory of Jobber (1998) the PLC is benefit for the product planning. It can help marketers to develop product marketing strategy and it is also used as a forecasting model. PLC can forecast the future development of market and product which is big competitive advantage when the companies plan their marketing strategy for the product in every stage. However when the companies use the PLC concept to forecast product sale or to develop marketing strategies, they find many problems in practices (Korler, P. Armstrong, G. Saunders, J. and Wong, V. 1996). It is not easy to identify which stage of the PLC the product is in, especially the definitions of each stage is not very standard which could lead the confusion between stages. This is the precondition that the PLC concept can perform correctly. When the product enter to the next stage of PLC, if the company can not notices, the marketing strategy and plan will not appropriate for the new stage of the produce. Only when they recognise the change in PLC, they can make the right strategy based on the analysis for the crucial factors in the new stage. And in practice, it is difficult to forecast the sales level at each PLC stage, the length of each stage and the shape of the PLC curve (Jobber, D. 1998). The basic reason is this PLC concept can not help the marketer to understand the product and market in detail. It is theoretic and unclear. Secondly, the strength of PLC as a coordinating tool is to help marketers to coordinate 4Ps which include product, price, promotions and place. Thirdly, the PLC also can remand the marketers to pay more attention to the development of the product and its market. It warns the marketers that the product would not grow continually forever (Jobber, D. 1998). Normally, there is a danger that management may have high emotion in a particular product. The PLC can help the company understand that the product has its own lift cycle which means the company have to face the face that products need to be terminated and new products need to be developed to replace them. It also tells them that at the introduction stage, the phenomenon that the sale is low and expense is high are reasonable which is unnecessary to panic or give up. It is good for companies to recognise the realistic market, not through the book records only. Nevertheless, there are some weaknesses about the PLC. Although in the above, some of the problems are discussed. The following section explains very detailed concepts. Firstly, according to Jobber (1998), the duration of the PLC stages is unpredictable which is very difficult for marketer to identify the stages of product. The PLC outlines the four or five stages during a product life without defining their duration. Blythe (2001) states that the PLC is useful to describe what is happening, but is not much use for predicting what is going to happen, since it is virtually impossible to tell how long the maturity phase will continue. This weakness makes it difficult to use this concept as a decision-making tool because marketers can not easily know which part of the product life cycle the product currently in. The solution of this problem is to find a comparable product which seems as a template for predicting the length of each stage. There are two sources of comparable products. One is same product has already been on the market which is in other countries. The other one is that the similar products are in the mature or decline stages of their life cycle but they are thought to resemble the new product in terms of consumer acceptance . Of course, when the marketer use the comparable product to analyse their own product, it still many problems in reality, such as the different the economic and social conditions of countries which may effect the result of the analysis and make it invalid to transfer the duration of the stages from one country to another. Secondly, Jobber (1998) notes that the critics argue that the stylized marketing objectives and strategy prescriptions can be misleading. It is very difficult to predict how long the product will move from one stage to another stage in its life cycle. Because the products, companies and market are different, the length of the PLC is diverse. The problem is that the length of the PLC is affected by many factors which include the pace of change in the external environment and the companys marketing strategy of the product throughout its life (Brassington, F. and Pettitt, S. 2003). The companys objective and capability to make the correct marketing strategy in each stage of PLC for the product and to communicate effectively and efficiently with the consumers, and its method to develop and refresh its product will all affect how the PLC in some way. Thirdly, the weakness of PLC is that there is no common shape (Doyle, P. 1994). Through the analysis the data from different products, it is very clear that the PLC has not standard curve at all. In the real unstable markets, not all products follow the classic S-shaped PLC (Lancaster, G. and Massingham, L. 1993). Sometimes, although two brand products seem as same, they are in different types of PLC. Many factors determine the types of PLC for the product, which include the external environment changes and the strategy change of the company or the competitors. It is easy for marketers to analyse which curve their product belong to which lead confusion when companies use this theory to analyse their product. Fourthly, according to Doyle (1994), PLC has not clear implication which is a weakness every marketer knows. Although PLC concept defines the stages of the product life cycle for the common products and list all of the characteristics for each stage. But for some cases, the tradition has been proved as inaccurate. Some of the products have different characteristics compare with the tradition concept which will mislead the marketers conclusion about the products development. Finally, there is another weakness of the PLC has been revealed that PLC is a product-orientated concept. More and more marketers recognise the marketing is about how to satisfy the customers need. The company should pay more attention to analyse the change of the customers need, rather than focus on its products development. In other words, focusing on the product like the concept of PLC the company might not understand other key concepts of marketing such as the 7P. Product is just one of the important things of marketing, but not the core one. For the modern age, customer is the core thing that the company should focus on. Therefore, for the marketers, they need focus on the factors cause the change of the product stage not the PLC. Because of so many uncertain factors in the concept of PLC, some experts debate that PLC is a useless tool in reality. As Cowell (1984) state that it is not surprising that the life cycle concept has critics. Some attempts to derive the conventional S-shaped curve of the cycle with its stages of introduction, growth, maturity and decline have not been altogether convincing. In fact, some theoreticians have even suggested that the concept of PLC should be forgotten altogether (Dhalla and Yuspeh, 1976). Carman and Langeard (1979) argue that using the life cycle concept to build a product portfolio in services contexts is not very helpful. All those debates suggest that the concept of PLC is still immature and it still need to improve. Conclusion In conclusion, the product life cycle is a marketing tool, which is an aid for managerial decision-making. It can help marketers to do planning and think strategically. However, it also has many weaknesses which affect the practicability of the concept. Therefore, marketing managers must monitor the real changes that are happening in the marketplace before setting up the appropriate objectives and strategies for marketing. Using the PLC concept to develop marketing strategy can also be difficult because strategy is both a cause and a result of the products life cycle (Armstrong, G. and Korler, P. 2000). The products current PLC position suggests the best marketing strategies and the resulting marketing strategies affect product performance in later life-cycle stages. Of course, when it is used carefully by the marketers who understand it clearly, the PLC concept still a very useful theory in developing good marketing strategies for different stages in the product life cycle anyway.

Aristotelian Tragedy Macbeth

Many of Shakespeare’s plays follow Aristotelian ideas of tragedy, for instance Macbeth does a decent job in shadowing Aristotle’s model. Aristotle describes one of the most important elements of a tragedy to be a tragic hero. The tragic hero however must present certain qualities such as nobility and virtue. In the play Macbeth, Macbeth is a perfect example of a tragic hero. Macbeth begins the play coming home from battle, he is said to have fought with great courage and King Duncan himself awards him the title of the thane of Cawdor in reward for his bravery. The qualities make Macbeth a tragic hero as he possesses not only a noble title, but also the assets of a great warrior and hero. However, Aristotle emphasizes that if the tragic hero was as perfect as he seems than the audience would not be able to identify with him and this would not be considered a tragedy. Macbeth shows us his humanity very early in the play when he learns that Malcolm, Duncan’s son, will be the heir to the throne of Scotland. In response, Macbeth acknowledges that he himself should be awarded the crown and will not rest until royalty is his. Macbeth is an ambitious character, which is a quality that many humans can identify with. This ambitiousness is known as Macbeth’s tragic flaw. This leads to Aristotle’s next component of a tragedy, the tragic flaw. The hero’s tragic flaw must lead to the downfall of the character; his demise can be caused by no one other than himself. Macbeth’s ambitious personality leads him to become caught up in attaining power for himself. Macbeth’s ruthless behavior causes him to commit murder to Duncan in order to gain kingship. Even after his wish comes true, he continues to sacrifice the lives of others, including his close friend Banquo, to assure that he never loses his throne. However, Macbeth does not go unpunished as he suffers countless dreams and illusions that drive him to insanity. The loss of his wife also brings Macbeth to his final denouement. In the end, Macbeth is killed by Macduff; because of his arrogance he believed he was invincible even after being told his fate. Macbeth reaches his end through the same way he lived his life, through murder and deception. Many argue over the fairness of Macbeth’s life, but the goal of a tragedy in Aristotle’s view point is to strike fear and pity in the audience through harsh punishment upon the hero in extreme ways. Finally, Aristotle claims that in order for a tragedy to be effective, the fear and pity must be released from the audience through catharsis. First the tragic hero must gain some knowledge from his tragic life. Macbeth shows this self-realization in his ‘yellow leaf’ soliloquy when he expresses remorse for his actions. Also, in the end he knows he must fight until the end whether his fate is death. At this point the audience is cleansed of the emotions of the plot and the tragedy is finished. Macbeth is a primary example of a typical Aristotelian tragedy. It follows the structure necessary from the tragic hero, to his downfall and ultimately to the catharsis necessary for an original Greek drama. The aspects of this play are a perfect example of the tragedies of that era. Aristotelian Tragedy Macbeth Many of Shakespeare’s plays follow Aristotelian ideas of tragedy, for instance Macbeth does a decent job in shadowing Aristotle’s model. Aristotle describes one of the most important elements of a tragedy to be a tragic hero. The tragic hero however must present certain qualities such as nobility and virtue. In the play Macbeth, Macbeth is a perfect example of a tragic hero. Macbeth begins the play coming home from battle, he is said to have fought with great courage and King Duncan himself awards him the title of the thane of Cawdor in reward for his bravery. The qualities make Macbeth a tragic hero as he possesses not only a noble title, but also the assets of a great warrior and hero. However, Aristotle emphasizes that if the tragic hero was as perfect as he seems than the audience would not be able to identify with him and this would not be considered a tragedy. Macbeth shows us his humanity very early in the play when he learns that Malcolm, Duncan’s son, will be the heir to the throne of Scotland. In response, Macbeth acknowledges that he himself should be awarded the crown and will not rest until royalty is his. Macbeth is an ambitious character, which is a quality that many humans can identify with. This ambitiousness is known as Macbeth’s tragic flaw. This leads to Aristotle’s next component of a tragedy, the tragic flaw. The hero’s tragic flaw must lead to the downfall of the character; his demise can be caused by no one other than himself. Macbeth’s ambitious personality leads him to become caught up in attaining power for himself. Macbeth’s ruthless behavior causes him to commit murder to Duncan in order to gain kingship. Even after his wish comes true, he continues to sacrifice the lives of others, including his close friend Banquo, to assure that he never loses his throne. However, Macbeth does not go unpunished as he suffers countless dreams and illusions that drive him to insanity. The loss of his wife also brings Macbeth to his final denouement. In the end, Macbeth is killed by Macduff; because of his arrogance he believed he was invincible even after being told his fate. Macbeth reaches his end through the same way he lived his life, through murder and deception. Many argue over the fairness of Macbeth’s life, but the goal of a tragedy in Aristotle’s view point is to strike fear and pity in the audience through harsh punishment upon the hero in extreme ways. Finally, Aristotle claims that in order for a tragedy to be effective, the fear and pity must be released from the audience through catharsis. First the tragic hero must gain some knowledge from his tragic life. Macbeth shows this self-realization in his ‘yellow leaf’ soliloquy when he expresses remorse for his actions. Also, in the end he knows he must fight until the end whether his fate is death. At this point the audience is cleansed of the emotions of the plot and the tragedy is finished. Macbeth is a primary example of a typical Aristotelian tragedy. It follows the structure necessary from the tragic hero, to his downfall and ultimately to the catharsis necessary for an original Greek drama. The aspects of this play are a perfect example of the tragedies of that era.

Contract law Essay Example | Topics and Well Written Essays - 2500 words

Contract law - Essay Example Lastly, an advice will be given to the aggrieved parties, in this case Backstreet Boyos and Basil’s Bistro, based on the available legal redress mechanisms. Analysis of whether Lord Melbray v the Backstreet Boyos and Basil’s Bistro was a legally binding agreement The separate agreements, between Lord Melbray and the Backstreet Boyos for entertainment appearance on one hand, and that with the Basil’s Bistro for provision of lunches on the other hand, can be classified as legal contracts. This is because; a contract refers to an agreement that is entered by two individuals or parties voluntarily, with an objective to create a legal obligation for the performance of the agreement1. Lord Melbray approached the Backstreet Boyos and Basil’s Bistro for provision of their respective services during the wedding of his daughter, and the two parties willingly and voluntarily agreed to provide their services. Therefore, the first fundamental requirement for a legally binding agreement was met, since mutual consent acted as the basis of all the parties entering into the contract in question. A case in point is the case Balfour v Balfour 2 KB 571[1919]1, the husband, Mr. Balfour promised to be sending his wife $30 every month after the started living apart, but later rescinded the decision and asked that they separate. The wife sued for the continuous payment of the promised monthly payment, but the court held that since it was a voluntary move by the husband, in a domestic issue, the continued payment was unenforceable, since there was not any intention to make a legally binding agreement1. This step is followed by the evaluation of whether the necessary elements of a legally binding contract were present in the agreement made. For a contract to be considered legally binding; there requires being two basic elements, namely offer, acceptance, and consideration2. The provisions of the law of contract requires that the parties involved must agree on the contractual terms, through a meeting of the minds, without any party giving a diversionary view regarding the contractual terms, which would amount to a counter offer2. A case in example is the Smith v Hughes LR 6 QB 597 [1871], where the ruling held that should the conduct of an individual be that he is acting in a way that a reasonable will would believe that he was assenting to the terms proposed by the other party, then, the man would be bound as though he had intended to fulfill the agreement2. In the case Lord Melbray v the Backstreet Boyos and Basil’s Bistro, the parties involved agreed on the terms of the service, where Lord Melbray was to pay both the Backstreet Boyos and Basil’s Bistro for provision of their respective services, while the parties agreed to these terms, without varying the terms of the agreement. In this case, Lord Melbray made an offer, while the Backstreet Boyos and Basil’s Bistro accepted the offer as given. Consideration is yet another necessary element for an agreement to qualify as a legally binding agreement3. A consideration refers to something of value that the party making a promise, the promissor, should give to the promisee, in

What factors prohibits youth from re-entering juvenile detention Research Paper

What factors prohibits youth from re-entering juvenile detention centers - Research Paper Example It has also been seen that 88% of the children re entering the community are either 15 years old or more. However such is not the situation in all the cases and many of the juveniles are successfully absorbed back in the society. The reasons behind the repetition of offenses by the juvenile delinquents have interested the clinical psychologists. A study of the factors that successfully help the juvenile delinquents keep away from the detention center is necessary for the development of the community and this may reduce the number of cases of juvenile delinquencies (Youth Reentry, n.d). Review of current research A number of studies have been conducted to explain the offenses done by a child. Understanding the reasons behind the actions of an offender can help the psychologist eliminate the reason. One of the significant features of juvenile delinquencies has been gang behavior. The juvenile offenders often belong to a gang and commit crimes in the same. According to Roberts and Sprin ger (2007, p 200) the members of a gang have a sense of belonging to the group with feelings such as ‘looking out for each other’ and ‘staying together’. The gang works like a family where the other members deal with any threat posed to a gang member. Sometimes the older members of the gang pass on the traditions of the same to the new members. For a child from a disturbed family, getting included in a gang becomes a natural option in order to fill up the void created by the absence of a properly functional family. It also helps to nurture self-esteem within a child who is suffering from low confidence. Under such a situation the authors have advised to work on the strengths of the child. Sometimes the counselor may need to work on the strengths of the family...Introduction The Juvenile Act of 1973 declared that the children who were not suitable to return to their family were to be kept in a detention center that was separated from the adult delinquents. T hese out of the home facilities are called the juvenile detention centers. The juvenile criminal offenders are often separated from the community when they are perceived to be a threat to the society by placing them in these juvenile detention centers. In this way the detention centers offer a protection to the community as well as the juvenile delinquents. In these detention centers the children are supervised and structured programs are offered to them in order to reduce the ill effects of their confinement. The programs usually consist of educational aspects, recreational aspects and other developmental aspects to develop the social skills of the child with a view to help him return to the community after the release (Juvenile Detention Facility, n.d.). For successful rehabilitation in the community of the youths after their return from the detention center a number of measures must be taken.

My Tear Essay -- Narrative Crying Descriptive Depression Essays

Have you ever been crippled or felt so incapable of something? Has anything felt so empowering that you didn’t know what to do or how to tackle the situation? Have you ever felt so much pain where it seemed like it immobilized your body? Have you ever felt so depressed that you really didn’t know where the source of depression was coming from? These are the questions that come to my mind when I think about each and every tear that ever hits my face. I wonder how many tears are actually hitting my face, how many actually seep into my skin. I wonder if people think the same way that I think or it they sometimes feel the same way that I feel. Many words often loose their connotation. A tear to me is no longer a tear. A tear to me is history. It is the constant reminder of hurt, that sometimes spreads its way through my body. A tear is pain and memories, a tear is something that can’t be erased, its something that only I see and that most will never see. You can never feel exactly what I feel or understand the way that I heal; you can never truly know why I hurt, so deep inside...

Notes for Final Paper

Do not change the font and do not put in any punctuation or other marks in the answer sheet; put only the letter choice of your answer. Also, do not put any spaces before or after the letter you enter as your answer. Be sure to turn off the automatic completion function of cell entries. On the Tools menu, click Options, and then click the Edit tab. Clear the Enable Autoclave for cell values check box. Please put only your last name on the Answer Sheet in the by writing it in the yellow space. 1. With regard to the court, adequacy of consideration means: A.The court will adjust the consideration if the value exchanged is unfair. B. The consideration exchanged must be exactly equal in value. C. The court doesn't care about value as long as the mutual assent is valid. D. The consideration exchanged must be reasonably close in value. 2. Bill gets many speeding tickets. His friend Ron told Bill that he would pay Bill $300 if he did not get a ticket for one year. Bill drove very cautiously for the next year and did not get a ticket. Is Ron obligated to pay? A. Yes, because Bill gave up a legal right based on the agreement.B. No, because $300 is not an adequate amount based on Bill's detriment. C. Yes, because a promise is a promise and consideration has nothing to do with this agreement. D. No, cause Bill suffered no detriment in this agreement. Page 2 of 6 LAW 421 – Quiz 3 – 7. 01. 14 3. Excursions Inc. (Excursions) ordered 300 kayaks from Seafarer's, Inc. (Seafarer's), with delivery to be made on April 20. The kayaks will used during the upcoming season. Under which circumstance may Excursions claim anticipatory repudiation? A.The popularity of kayaking has suddenly decreased and Excursions isn't sure it can use 300 kayaks during the upcoming season. B. The cost of kayaks has tripled owing to worldwide demand, lowering Seafarer's profit margin. Yet Seafarer's insists that it will honor the contract with Excursions. C. Excursions have found another man ufacturer that can provide less expensive kayaks of the same quality as Seafarer's kayaks. D. Seafarer's only manufacturing plant burned down on January 1 5, yet Seafarer's insists that it will rebuild the plant and honor the contract with Excursions. 4.Ronald contracted with Quality Hotel (Quality) to rent a room for a weekend while at a business meeting in the city. The contract with Quality required a $50 deposit with the remaining balance due on check-in. The deposit was nonrefundable unless the reservation is cancelled at least 36 hours prior to check in. The day before he was to eave for the resort, Arnold's boss called off the business meeting. Ronald called Quality, canceled the reservation, and demanded a refund of his deposit. A. Ronald will get the refund because of impossibility of performance; he can't attend a business meeting that isn't going to be held.B. Ronald will get the refund because of frustration of purpose; his intention was to attend a business meeting that is no longer being held. C. Quality is not required to provide a refund. D. Ronald will get the refund because of impracticability; he doesn't need a room to attend a business meeting that isn't going to be held. 5. Paul contracted with Dan to buy some land on behalf of Developers, Inc. Developers told Paul to use Pall's own name and not to disclose to Dan that Paul was working for Developers. Paul signed the contract in his own name only. Developers refused to honor his arrangement with Paul.A. Paul is liable, but may sue Developers based on failure of loyalty. B. Paul can't be sued because he's only an agent. C. Developers has no liability to anyone since his name was never disclosed. D. Paul is liable, but may sue Developers based on indemnification. 6. Which of the following is not an exception to the employment-at-will doctrine? A. An employee is working under an implied employment contract. B. An employee's termination violates a public policy or statutory right. C. An employ ee is terminated but has received excellent evaluations and the employer cannot give a reason for the dismissal.D. An employee is working under an express employment contract. Page 3 of 6 LAW 421 – Quiz 3 – 7. 01. 14 7. Big Box Inc. (Big Box) was hiring a security guard for one of its stores. On its application, Big Box asked whether the applicant had ever been arrested. Bob applied for a Job at Big Box and answered no to the question. He also answered no to a question asking if there was any reason that he would not be qualified to work as a security guard. Soon after Bob was hired, he hit a customer. It was discovered at trial that Bob had been fired from numerous Jobs for abusing customers and other offenses.If the customer sued Big Box: A. Big Box would not be liable because it made a good faith effort to screen applicants by specifically asking about past indiscretions. B. Big Box would not be liable because Bob was supposed to control customers. C. Big Box would be liable for negligent hiring. D. Big Box would be liable for negligent retention. 8. With regard to whistle-blowers: A. Every state law protects both government and private employees from retaliation. B. Employers may terminate whistle-blowers if they can prove a reason for termination independent of retaliation for the whistle blowing. C.There is no federal whistle-blower act. D. Based on the employment-at-will doctrine, employers may terminate whistle- blowers without proving a reason independent of retaliation for the whistle blowing. 9. Rupert hired Calvin to drive a car to a site 75 miles away. Rupert specified the route that Calvin was to take and told him to be sure to arrive by 4:30 pm. On the ay, Calvin became hungry and decided to stop to eat. He had plenty of time to stop, eat, and still make the deadline. He went too restaurant that was three miles off the route that Rupert had specified. Calvin did not call Rupert to ask for permission.On the way to the restaurant, Ca lvin failed to stop ATA red light and hit Cam's car. Sam sued Calvin and Rupert. A. Rupert will lose because Calvin was on a frolic, so Rupert is liable B. Rupert will win because Calvin was on a detour, freeing Rupert from liability C. Rupert will lose because Calvin was on a detour, so Rupert is liable D. Rupert will win because Calvin as on a frolic, freeing Rupert from liability 10. Adam accepted a new Job. Which of the following is not a contract condition related to that Job? A. Adam will receive a bonus provided that he obtains 25 new clients within 30 days. B.Dam's medical and dental benefits will start after he has worked for seven months. C. Dam's salary will be $1,200 a week. D. Adam cannot begin work until he passes a drug test. 11. The IRS has developed a three-part test to determine an agent's status. Which of the following is not an element in this test? A. Whether the working relationship is written or oral B. He type of working relationship between the parties C. Be havioral aspects of the parties D. The financial arrangements between the parties Page 4 of 6 LAW 421 – Quiz 3 – 7. 01. 14 12. Ernie worked as a delivery driver for a local fast food restaurant.His duties consisted of making deliveries along a designated route. One day Ernie decided to visit his friend, who lived 8 miles out of his delivery route. While driving to his friend's house, Ernie injured a pedestrian, Alvin. The accident was caused because of Ermine's negligent driving. Alvin sued both Ernie and the restaurant for personal injuries. Under the circumstances: A. The restaurant is never liable for the negligent acts of its agents. B. The restaurant is liable under the doctrine of respondent superior. C. The restaurant is not liable because Ernie was on a frolic of his own. D.Alvin can recover damages from both the restaurant and Ernie. 13. James wanted to have a pool built at his house. He called Patio Construction, Inc (Patio). When Patio came to give James a p rice, it did some soil tests and discovered no problems. Patio quoted $1 5,500 for the pool. However, when it begin excavating for the pool, Patio discovered solid rock few feet below ground level. Patio stopped work and informed James that, due to the rock, it will have to use explosives to remove the rock and that the cost of the pool would now be $18,000. A. James is under contract and will have to pay the new price. B.James can have the contract discharged based on impracticability. C. James can have the contract discharged based on frustration of purpose. D. James can have the contract discharged based on impossibility. 14. Jake advertised his scooter for sale. The scooter doesn't start easily in damp weather. Adam was looking for a scooter to use at his home, which near the seacoast, which he told Jake. Jake said nothing. Adam bought the scooter, brought it to his house, where Adam often had trouble getting it to start on damp mornings. A. Jake has committed a fraudulent misre presentation because he withheld a material fact.B. Jake has not committed a fraudulent misrepresentation because Adam didn't specifically ask if the scooter started easily in damp weather. C. Jake has committed an innocent misrepresentation because he didn't state a lie, but only withheld all of the truth. D. Jake has not committed a fraudulent misrepresentation because silence cannot be considered a fraudulent misrepresentation. 15. In which of the following scenarios would enforcement of specific performance be appropriate? A. You ordered a stereo from an electronics store and a few days later it breached by not ordering it from the manufacturer.B. A store agreed to order a laptop computer for you, but breached its contract with you by canceling the order the next day. C. You ordered 50 cubic yards of crushed from a local store and it breached by not delivering or making the stone available to you. D. You contracted to buy an antique clock to add to your art collection; but, desp ite the contract, the owner refused to sell at the last minute. 16. Which of the following is the true statement? A. Apparent authority is based on what the principal communicates to the agent and not to the third party. B.Actual authority must be expressly created and cannot be based on custom or past dealings. C. Actual authority must always be expressed in writing. D. Ratification applies to previously unauthorized acts. Page 5 of 6 LAW 421 – Quiz 3 – 7. 01. 14 17. Jim contracted with Gardeners Inc. To plant some trees in Jims back yard. Jim was to purchase the trees. The contract with Gardeners was solely for planting. Payment was to be 25% at the time that the work commenced and 75% once the Reese were planted. Jim purchased the trees and paid Gardeners the 25%. Gardeners began work.When Gardeners was half way through the Job, Jim changed his mind about having trees planted, so he refused Gardeners access to the yard. If Gardeners wanted to rescind the contract an d be paid for work completed, it would sue for: A. Consequential damages. B. Compensatory damages. C. Restitution. D. Liquidated damages. 18. Marine, Inc. Advertised a canoe on sale. The normal price is $1,250 and the sale price should have read $950, but the advertisement stated $750. Sam went into the tore and demanded to purchase the canoe at the advertised price of $750. Which of the following is correct? A.The court will adjust the consideration, if the value exchanged is unfair. B. The court doesn't care about value, as long as the mutual assent is valid. C. The consideration exchanged must be exactly equal in value. D. The consideration exchanged must be reasonably close in value. 19. In which of the following situations is the agent not liable should the principal breach the contract with the third party? A. Agents are liable in all agency situations B. Undisclosed agency C. Partially disclosed agency D. Disclosed agency 0. Bobby entered into a contract with Eddie. Subsequen tly, Bobby assigned his rights in that contract to Jake.Which of the following would not prevent that assignment? A. The contract contains an anti-assignment clause. B. The assignment would materially alter Eddies duties and cause an increased burden or risk to Eddie. C. Eddie protests the assignment and demands that Bobby not make the assignment. D. The assignment would violate public policy matters. 21 . Which of the following is the best explanation of the parole evidence rule? A. Oral agreements may be used to change a final written contract if the final written entrant isn't exactly conforming to the pre-contract agreements. B.Written contracts with ambiguous terms are automatically void and cannot be corrected. C. Written agreements may be used to change a final written contract if the final written contract isn't exactly conforming to the pre-contract agreements. D. A written contract is the final expression of the party's agreement and may not be contradicted by oral or writ ten agreements made prior to the writing. 22. Ralph was a driver for Discount Appliances, Inc. (Discount) and made deliveries to customers. One day, Ralph negligently secured a fridge on the back of his truck and, hill driving, the fridge fell out of the truck and hit Jims car.Which of the following is correct? A. Both Ralph and Discount are liable. B. No one is liable, it was an accident. C. Ralph is liable, but not Discount. D. Discount is liable, but not Ralph. Page 6 of 6 LAW 421 – Quiz 3-7. 01. 14 23. Richard called Jeff asking him to referee a game. Jeff is not obligated to work the game. If Jeff accepts the assignment and works the game, he would be told the time of the game, he would be required to wear an approved uniform, and he would be paid a fee. Once at the game, Jeff would be in complete control. Jeff is considered a/an: A. Principal. B. Independent contractor. C. Agent. D. Employee. 24. In which of the following situations will the court enforce a contract? A. Kevin offered to sell his boat to Dave for $12,500. Dave replied that was too much and said, â€Å"I'll give you $10,000 for it,† Kevin said no. The next day Dave called Kevin and said, â€Å"l accept. † B. Kevin offered to sell his boat to Dave. Dave asked for 24 hours to decide and Kevin agreed. At midnight, the boat sank, although neither Dave nor Kevin knew it sank. Dave called Kevin before the 24 hours was over and said, â€Å"l accept†. C. Kevin offered to sell his boat to Dave.Dave asked for some time to decide and Kevin gave him until 7:00 pm. At 5:00 pm, Dave saw Adam painting the boat and was told that Kevin sold it to him. Dave called Kevin at 6:00 pm and said â€Å"l accept†. D. Kevin offered to sell his boat to Dave. Dave asked for more time and Kevin said you may have until 11:00 am the next morning. Dave gave Kevin $150 for him to keep the offer open to him, which was nonrefundable. Kevin died during the night and, after hearing that Kevin died, Dave called Seven's heirs at 10:00 am the next morning and accepted Seven's offer.When Paul came home from work, he found that all the snow from a recent storm had been removed from his yard. An hour later, a boy came to Pall's door to collect payment for the work. Paul refused to pay him because he had never seen the boy before, nor had he hired him to do the work. Which of the following is accurate? A. This is an implied, unilateral contract, therefore, he must pay. B. Paul received unjust enrichment, so a quasi contract was formed and he must pay. C. Paul would not have to pay anything. D. To be fair to both parties, the court would make Paul pay the reasonable coos