Law case Essay Example | Topics and Well Written Essays - 500 words

Law case - Essay Example However, when Freddy arrived he found that there was only a selection of 35 records available. He there upon informed Richard, the manager of the Red Lion, that he could not perform under these circumstances and left the pub immediately. Richard was furious, he told Bill to leave the equipment set up and began telephoning around to find another DJ. He eventually found a DJ called Sally who agreed to perform at that Red Lion for  £150-00. Richard agreed to pay this fee; but when she arrived she found that Bill had taken down all the equipment and had gone home shortly having done so. Richard was forced to pay two local boys  £35 each to set up the equipment for Sally. Freddy and Bill are demanding their fees of  £60 and  £20 from the Red Lion Club. Richard has refused to pay them and is threatening legal action by the Red Lion which is an incorporated company against Freddy for Breach of Contract. In the above, it is necessary to discuss whether either party can sustain a claim for breach of contract. In order to do this it is necessary to discuss the formation of a contract and the issue of privity of contract with regard to any potential claim Bill might have. From this is should be possible to advise the parties with regard to any monies they might be entitled to. The formation of a contract requires there to be an offer1, followed by acceptance2, and then consideration. If all three elements are present the court will generally rule that the contract has been fully constituted. In the above, the contract has been created between Richard and Freddy, with Freddy offering the services of Bill to assemble the equipment, and Richard acting on behalf of the Red Lion Club. When considering privity of contract it is important to note in this case that privity exists between Richard and Freddy. Privity can be horizontal or vertical. Horizontal privity would occur in the case of Bill as he will be getting the benefits from the contract made between

Commentaries for Same Group Members' Polished Thesis Draft Essay

Commentaries for Same Group Members' Polished Thesis Draft - Essay Example Rather what can be used is how Kripal’s book and comments made in the book on the topic of discussion is related to the paper. Although several quotes have been used in the paper, but it is also important to discuss briefly the inner meaning of these quotes, these are not provided sufficiently in the paper. For instance, Atmajnanananda’s remark on Kripal’s thought has not been properly discussed in the paper. It is unsuitable to use the sentence â€Å"This paper discusses the relationship between the religious organization Soka Gakkai and Komeito, a Japanese political party†¦Ã¢â‚¬  in the beginning of the abstract. Rather the brief idea about the topic and its importance can be provided in the abstract first followed by the sentence. The in-text referencing style is not properly used in the entire paper. Also there is no proper reference or bibliography list of references at the end of the paper. In the reference list short description of books or journal papers or websites are not required. The section â€Å"Soka Gakkai and Komeito: 1970-present† is too long period. This period can be distributed into different time phases in terms of importance of Soka Gakkai and Komeito in the religious structure of the country. It has been written in the paper that â€Å"One national, 13 regional and 47 prefectural Councils on Social Affairs determine the Soka Gakkai’s endorsements†, however the importance of this determination is not clear from following

The Cable Tv Industry Media Essay

The Cable Tv Industry Media Essay The rapid development in the area of technological innovation that has occurred over the last decades in the telecommunication industry, has led to a thriving growth in the digital entertainment media, shown by the emergence of new sophisticated products and a wide variety of services. This evolution has caused an increment in competition in the cable television industry. The development of these new technologies and the convergence of media and telecommunications have allowed consumers to access a greater number of services. Within this context, streaming sites to watch movies and TV shows over the Internet have become a direct competitor to the powerful business of cable television in the U.S. The purpose of this paper is to analyze the strategies used by major cable TV providers in the U.S. to counter, or even avoid, the emergence of new competitors. These strategies generate controversy because they might pose a risk against free market competition. Two main branches, one in charge of production and the other in charge of the distribution form the Cable TV industry in the U.S. Together they share an estimated $300 billion market value (Arango, 2009). The multichannel video programming distributors (MVPDs) such as cable television systems, direct-broadcast satellite providers, and wireline video providers give the distribution part of the equation. These companies generate revenues close to $100 billion per year, and it mostly comes from monthly cable subscriptions, additional charges from premium channels, and rental fees from set-top boxes (Shen, 2011). These companies are generally known as Multiple System Operators (MSOs) and include firms such as Time Warner and Comcast. These two providers serve almost half of the demand for cable TV in the U.S. The video programming networks that produce the content consumers watch integrate the second component of the industry. Broadcaster networks such as ABC, NBC, and CBS, that produce their content, make it available on cable TV and over-the-air, form the producers network market. There are also non-broadcasters such as MTV, Comedy Central, and TBS whose content is only available through cable subscriptions (Ammori 2010). As the distribution network, the programming network is a highly concentrated market dominated by a few powerful and prevailing programming networks. These companies mainly derive their revenue from advertising and retransmission fees. Contrasting broadcast television that relies on advertising to originate its revenue, cable networks receive revenue from fees paid by cable operators. For example, Comcast pays closely to $1 billion a year to carry ESPN (Arango, 2010). However, as the costs of pay-TV grow and consumers spending power stays the same, the traditional business model follow by cable providers appears to need a major change. Furthermore, the appearance of new online companies like Netflix and Hulu has put pressure on the cable industry to change their business model. For many years, both systems have harmonized and work together in a model, that now many predicts will eventually decline thanks to the proliferation of internet TV. In an attempt to minimize the effect of this new internet trend and keep the revenue stream and business model of subscription TV, the cable TV providers have discussed the need to prevent the spread of television programs, most of which are now available online free. Consequently, they have discussed the introduction of a new model commonly known as TV Everywhere. The objective of this initiative is to ensure the delivery of the online content as a natural extension of the existing Cable TV model. Through this system, consumers can view programming online only if they identify themselves as cable TV subscriber, that is, only the cable subscribers can view the most popular content through the internet. The agreement reflects the profound concern of the satellite TV, telecommunications companies and cable industry to allow free access to this content, as it could lead to problems similar to those faced by the music industry and the news, which nowadays have to struggle to establish su bscription-based business models. Another argument for the introduction of these barriers lies in the lack of regulation regarding access Internet content, which could push subscribers to cancel their TV service and use only the Web. The main promoters of this campaign have been the cable companies, but satellite and telecommunications companies are joining the fight. Due to fear of violating antitrust law through collusion, the cable television executives have tried to hide their actions by eliminating a paper trail. Their strategy has been to have informal discussions, leaving nothing in writing. According to reports by the New York Times, the electronic media chiefs, including [Time Warner CEO Jeffrey] Bewkes, Jeff Zucker [CEO] of NBC Universal and Philippe P. Dauman [CEO] of Viacom, among others, have been more careful to avoid being accused of collusion. Much of the discussions have been on the phone and in private, one-on-one conversations during industry events. Price is rarely, if ever, discussed, according to executives involved in the discussions (Arango, 2009). The executives have emphasized the importance of finding an industry-wide solution, and this can be achieved only if they collude, as such solution is not in a companys interest unless others agree with one another on the solution. A focal point of a free market economy is that consumers are better off if each company follows its own self-interest rather than colluding with its competitors to raise prices, allocate markets, or otherwise harm consumers and competitors (Ammori, 2010). Stephen B. Burke, the chief operating officer of Comcast, has publicly admitted that if each current operator and programmer merely followed its own self-interest, just like each should do it under the law in a competitive market), then each company would be worse off. As the New York Times reported, the problem is that if each goes in different directions some offering more shows free, others holding them back only for cable subscribers then the economics of the industry could crumble. The industry have come a predictable conflict between two discordant models for broadcast content: cable TV and the Internet. The circumstances seem difficult, and it suggests the possibility facing the prisoners dilemma. Setting it in a simple scenario, broadcasters and cable companies play the role of the prisoners. Thus, given that both cooperate to maintain unlicensed Internet-delivered TV programming off connected-TV sets, they both obtain gains (Frank, 2010). Whereas broadcast gets its large retransmission fees, cable providers get to sell diverse premium services at a substantial profit. However, the appearance of internet TV has come to propose the dilemma. In the case of broadcasters, internet TV offers the opportunity to sell programming direct to consumers, at potentially higher margins than through the cable companies. In addition, it allows a more straight control over advanced advertising and interactive capabilities that currently the cable companies are trying to cont rol. Conversely, to cable providers, internet TV gives them the opportunity to gain more advantage in retransmission negotiations by potentially offering content that is free on the Internet for free to their cable customers as well. In most cases, the result of the prisoners dilemma is the desertion of both players, since in terms of game theory the defection strictly dominates over cooperation. Although the situation of Internet TV has not yet predict this result, the benefits of desertion still clearly outweigh the benefits of cooperation. Broadcasters are not likely to get more money from online TV providers that cable companies, and cable companies are not likely to gain enough influence to offset the potential loss of subscribers in case of losing access to popular programming. However, the evolution of Internet TV can lead to broadcasters have to choose between the programming offered on the Internet knowing that people can watch on TV as well, and the loss of a large part of the growing online audience. Distributors, meanwhile, will have to choose between continuing to pay increasing rates of carriage to holdout broadcasting or take their chances with online television. To avoid this step in the dilemma, the distributors are working with broadcasters on the TV Everywhere concept, which lasted subscriber based on conditional access to video on any device. C. Anticompetitive effects of this new strategy On the markets On the consumers V. Conclusion

Changes in Farming Post Civil War

Changes in Farming: Contributing factors in farming changes post Civil War After the Civil War there were many factors that contributed the changes that occurred in farming in America. Among them was the drive for the South to renew and regain what had been lost due to the war. Leaders saw it as a time to diversify and turn towards industrialization. The Industrial revolution was underway and with it brought many new inventions that would lead to growth in the farming industry. The wide open space between the East and the West called â€Å"The Frontier† was open for homesteading. New immigrants with their farming knowledge and ability were flooding the East and West gates of the U. S. This was a time in American history when Americans made the â€Å"American dream† what it is today. The end of the Civil War in 1865, fought between the North and the South, spurred many changes in farming in the South. The changes occurred rather quickly and started in what was referred to as The New South. The New South, wanting to keep the Union of the North at bay and decided diversification was the key. Before the Civil War Cotton was a thriving crop in the South that gave the region a sense of power. Many southerners blamed cotton for its losses caused by the Civil War and some might speculate that without this crop, also know as â€Å"King Cotton†, the Civil War may not have taken place. After the Civil War the South was left to rebuild and reestablish what had been destroyed. Many leaders also saw this as a time for economic growth. The south had very good soil for other crops to thrive in. First of the many changes in the New South was the resurgence of tobacco. The discovery of two new tobaccos named Bright leaf and Burley helped increase the tobacco production and market. Other changes to follow were the growth in products such as Louisiana sugar cane, rice, Southern Pine trees, clay, coal, glass and stone products. The introduction of Hydroelectricity which is electricity produced by water served in the process of industrializing The New South. Changes in Farming 3 Before the Civil War slaves worked the fields and did most of the farming work in the South. After the slaves were freed in 1863, the South had to make changes to supply labor for the farming. Many shady practices by the white man occurred because of this. Sharecropping and crop liens were eveloped to keep the black man somewhat under their control. Since freed slaves had no money and no place to live, land holders would allow a tenant to live on their property and worked the land in exchange for a share of the crop produced, also known as sharecropping. The crop lien system was a developed to allow farmers to receive goods such as food, supplies, and seeds to be paid for after the crop wa s produced. This kept the black man and poor white farmers in a constant form of debt. Cotton still played a big part in the growth of farming in the south. There was a high demand for textiles and cotton mills increased production of cotton bales up to 1,479,000 bales per year. While these changes were occurring in the South, many changes in farming were also taking place in other parts of the nation. The government wanted to encourage settlement in the vast areas of the country not yet populated. The Homestead Act helped shape the western landscape. This act allowed farmers to claim up to 160 acres of land. Farmers would stake a claim to a parcel of land and by living on it for five years would be free and clear to take title of the land. Or the farmer could buy the land for $1. 25 per acre after living on it for six months. This opportunity attracted many to move west in the aftermath and destruction the Civil War caused in the South. As settlers moved west towards The Great Plains region they discovered it did not have the water supply and rich soil the South possessed. This area also had other downfalls in contrast to the South. Temperature fluctuations, hail, wind, and swarms of locusts that made farming quite difficult in this area. The farmers adapted to the conditions of the plains by changing what they farmed, turning to grains such as sorghum and wheat; both crops that did not require much water. The immigrants from Changes in Farming 4 Russia, who were used to this climate, brought valuable knowledge of farming techniques. The Russians also introduced new wheat called Red Turkey to the area. The changes in this area and the crops produced here inspired new farming inventions needed to plow and till the grains which created new business opportunities. Since much of this area was more suitable for grazing then for farming crops, farmers turned to cattle ranching. There were millions of long horn cattle, left from the old Spanish settlers, which roamed free. Ranchers would hunt these cattle for their hide at first. The job of the cowboy was created to herd up the cattle and drive them to different areas of the country. Many cattle trials were created that ran from central Texas to Kansas, central Texas to New Mexico and to Wyoming to name a few. Abilene, Kansas was one of the first towns that were a center for Cattle shipment. With the invention of barbed wire in 1874 ranchers began to fence cattle in large areas. And with the building of the transcontinental railroad system the need for the cowboy decreased. The railroad could transport the cattle to the needed destinations. With the invention of the air-cooled train car meat packers began shipping slaughtered meat. Local farms were no longer required to produce perishable foods since these items could arrive by train as well. The Mississippi Valley region, Minnesota, and North Dakota took advantage of the new benefits the railroad system offered, and farmers changed their views of farming. They no longer had to produce everything they needed on their land and turned their focus to making a business out of their farms. Instead of producing a variety of crops they focus on one cash crop such as cotton, wheat, or corn. They could mass produce their crops to be shipped by rail all over the country and shipped by boat worldwide. Farming became more of a factory and required the purchase of more machinery to Changes in Farming 5 produce their product. America quickly became the world’s largest producer of fruits, vegetables, and meats. California was busy producing fruits and vegetables of their own as well by farmers and settlers who were attracted West by the gold rush. The promise of the great frontier, the reorganization of the South, and the industrial revolution were all big contributing factors to changes in farming after The Civil War. But I believe the largest contributing factor was the creation of the railroad system that crisscrossed across the country. It transformed the way people farmed, thought, invented, traveled, and lived. By the time it was finished there as many miles of tracks across America as the rest of the world put together. The visible changes the Railroad system created were remarkable. It contributed to the 19th century being the century of the greatest changes in U. S. history to date. American farmers were very hard-working people with big dreams of a new life and making it on their own. They possessed the right traits to survive in the frontier such as risk taking, self-reliance, and the drive to succeed. I believe Americans still have these traits today and have so many opportunities give more changes to come here in the United States of America. References This link leads you to a page describing tenant farming and share cropping in depth. http://digital. library. okstate. edu/encyclopedia/entries/T/TE009. html A link to Georgia’s cotton history from the state’s encyclopedia http://www. georgiaencyclopedia. org/nge/Article. jsp? id=h-2087 This link will bring you to information on the gilded age http://www. academicamerican. com/recongildedage/topics/gildedage1. html The text book provided online for unit 1 US History 2 http://www. hippocampus. org/US%20History%20II

Budgets in higher education Essay

In higher education institutions, best budgeting practices involves the use of proper and excellent coordination of master plan which establishes all the priorities which have to be undertaken in the institution. This ensures that all the higher education institutions attend to their respective economic and educational goals. The institutions need to have in place excellent and sufficient infrastructure. In depth periodic facilities audits should be done so as to ensure that the facilities are well and adequate. There should be creation of baseline data for the institution so as to enhance planning procedure. The institutions’ operation budget should have an allocation of repair and renewal. All the needs of the institution should be allocated with the funds available. There is use of rational decision making process which enhances the effective means of budgeting (Caruthers & Orwig, 1979). Question two A grand university must always have good connections with the outside world through a well thought out and effective public relations policy. These much regarded connections go along way, albeit directly and indirectly, in building and maintaining the university’s image as well as being a resource in terms of being an avenue where funds and grants can be applied for. Many are instances when a university requires finances, out of its budget allocations, to carry out research studies, seminars, fairs, cultural activities and many other intermittent activities. With these three avenues serving the same purpose, there is a possibility that in their course of operations, they might approach a similar source, knowingly or unknowingly, and end up putting the image of the university at stake. The following are alternatives can be useful in harmonizing their activities (Knapp & Siegel, 2009). Firstly, the three bodies can be streamlined such that their activities are well synchronized and effective without necessarily clashing. For example, the finance operation could be liaising with the university’s accounting department to source for funds and oversee their use. The alumni organization can be only handling the monies from the alma mater as well as working with them closely with the objective of raising money courtesy of them. While the foundation offices could be dealing with the corporate world with a view of seeking funds from them. Secondly, all the three bodies can be revamped and made into a single entity and even given a new name. With such an action, all the activities that are currently being carried out by the three bodies can be combined. This will eradicate the possibility of a clash of their mandates given the fact that they will all be under a single supervision. References Caruthers, J. K. & Orwig, M. D. (1979). Budgeting in higher education. American Association for Higher Education Knapp, J. & Siegel, D. J. (2009). The Business of Higher Education: Management of Fiscal Strategies. New York: ABC-CLIO

Essay on Fascades of Current Society - 1087 Words

nbsp;nbsp;nbsp;nbsp;nbsp;Throughout history women, men, and children have all felt the pressures and manipulations by the media through some faà §ade style form or shape. A Faà §ade by definition is a false, superficial, or artificial appearance or effect, which is primarily imposed or placed on an object, group, or even individual. Through the use of words, deliberate images, and material items advertised within society, as a result have become pressures felt by all types of individuals. Many of these pressures forced upon individuals, prevalent in society today, has in turn created a false sense of ideals and an artificial basis of reality. Men, women, and children all wear some form of a mask in a faà §ade sense as an attempt of self†¦show more content†¦In other novels read and analyzed specifically in this class, which provide additional examples of characters displaying types of facades, are Tayo in Silko’s novel Ceremony, Henry in Valdez’s production of Zoot Suit, Sula in Morrison’s novel Sula, and Akiko Ueno in Ozeki’s novel My Year of Meats, just to name a few. In Maus mainly, Spiegelman portrays the Jewish mice wearing pig masks in order to blend in with the surrounding Polish society depicted as pigs. Spiegelman does this for many reasons, but one in particular is to expose the destructive effect. In reality, people walk, dress, and talk a certain way in order pass as another type of person, or to feel acceptance among peers, such as teenage boys and girls. All characters display some kind of inner and outer struggle wearing a sort of faà §ade due to conflicts encountered, thus forcing them to morph themselves as a way of survival. In actuality, no one is wearing a physical mask but rather an adaptation by change in behavior, manner, and appearance to blend in with the rest of mass society. nbsp;nbsp;nbsp;nbsp;nbsp;In relation to my Advertisement Faà §ade, which depicts pieces of magazine images and textual material from American magazines targeted towards young adults, represents the type of mask prevalent among individuals of today. By analyzing media material

Heres What I Know About Critical Analysis Essay Samples

Here's What I Know About Critical Analysis Essay Samples Who Else Wants to Learn About Critical Analysis Essay Samples? Now decide which type of critical analysis that you would like to do. The next portion of your critical treatise should have an overview of the book being analyzed. Like with any paper, the introduction should grab the eye of the reader right from the beginning. When you have summarized the work, you should start your analysis. The Basic Facts of Critical Analysis Essay Samples Some event management businesses go a step ahead to assess the customer reaction and offer relevant feedback. The work of catering involves food and so, it is important you have some prior understanding of cooking or preparing food. In the event the event is supposed to last longer, it's the event manager's duty to alert the police and the regional authorities. So, once you are planning the occasion you must be quite careful because every minute counts. Self-medication in instanc es like this is never sensible. Without a suitable topic, it is not going to be possible for students to begin planning for the rest. Students should begin with making a plot, and then the remainder of the write up should be based on such a plot. In today's multi-tasking world, they commonly lack the ability to concentrate. Don't forget your conclusion shouldn't be significantly more than a paragraph or two. Write about the principal points that you're likely to describe in your essay. Making a claim would begin the easy essay and a conclusion would signify that that claim was proven. You should explain your standpoint. In spite of popular belief by a substantial part of students, critical essay writing isn't about criticizing or focusing on the negative part of analysis. A thesis statement needs to be argumentative and provide readers with an assurance which they will indeed love what they are reading. A vital essay is intended to be informative, meaning that all claims ought to be backed up by a credible evidence instead of simply stated because it strikes the author's fancy. Writing a critical essay gives us the opportunity to examine things from a different standpoint. Whatever They Told You About Critical Analysis Essay Samples Is Dead Wrong...And Here's Why No matter what kind of form you desire to use, all crucial treatises conform to an overall structure. Conclusion There are several other approaches identified by researchers, and any approach which suits the individual ought to be applied. Although your opinions and feelings about your topic is a huge aspect to be thought about, you ought to avoid expressing it should you don't have any evidence to support it. The organizational structure and culture provide an ordinary motive enables the enterprise to perform much better. The New Angle On Critical Analysis Essay Samples Just Released Consequently, students may think of different thesis for unique themes to compose essays on hamlet. By writing the essay in the first person, they will be able to get readers more connected with the experience. They are made to write critical essays on a variety of topics. They are likely to get a prompt on how to write their essay. Your summary ought to be short, no more than a few paragraphs. You may be interested in travel essay examples. You might also have a look at concept essay examples. You may be interested in high school essay examples. The Importance of Critical Analysis Essay Samples Be exact and evident as you're able to. Plus some students don't pull together connected information in only moment. What to Expect From Critical Analysis Essay Samples? While reading the text, or watching the movie, it's essential to note the essential concepts and ideas an author or director or painter made a decision to incorporate inside their work. The author's name is essential to note only in the very first quote whenever you have just one source. The second case in point is a good example of paraphrasing where the author isn't mentioned by name. While planning how to present the story, students might have to make few changes to the specifics of a real event merely to create the story more appealing.