Contract and Chou Essay Example for Free

Contract and Chou Essay The case scenario under review by our team includes a contract law situation involving a board game company and a game inventor. Big Time Toymaker (BTT) is a board game company which develops, manufactures, and distributes board games, and Chou is the name of the inventor of a new strategy game. In this scenario, what began with a payment made from BTT to Chou for exclusive negotiating rights for 90 days, ended in a change in management at BTT, leading to their company no longer having interest in distributing Chou’s game. Several questions will be asked about the validity of the terms agreed upon by the parties involved, including at what point did the parties have a contract, and what role does the statute of frauds play in this contract? Our objective is to analyze the case scenario, including the previously stated questions, and provide the answers to those and other questions pertaining to the scenario and contract law. Question 1 At what point, if ever, did the parties have a contract? There was mutual agreement between Chou and BTT via verbal agreement, and a subsequent email verifying that an agreement had been tentatively reached. According to the terms of distribution between Chou and BTT a contract was only valid if formalized in writing. An argument may be made that three days prior to the 90 day time limit a mutual agreement was reached and valid via an E-contract law. There was mutual assent between both Chou and BTT. The argument for the other side will state there was never a formalized written contract from either Chou or BTT, only an email with a subject heading stating Strat Deal. Is the email a valid contract? Question 2 What facts may weigh in favor of or against Chou in terms of parties’ objective intent to contract? Facts show that BTT sent an email with a subject heading of Strat Deal with information stating that Chou and BTT have reached an agreement. The writing states that after months of no response from BTT and with no management in place the company no longer wishes to distribute Chou’s intellectual property. Chou was in compliance with BTT at all times regarding issues pertaining to Strat. Chou will allege that there was a contract between himself and BTT that was of mutual assent and under E-contract law the emails were valid. Question 3 Does the fact that the parties were communicating by email have any impact on your analysis in questions 1-2 above? According to CA Civil Code 1624, b 3, a, online contracts are endorsable even if writing is required by the statute of frauds. Communication of contracts is valid under E-contract law. There is no impact on analysis made of above stated questions because of online communication. Question 4 What role does the statute of frauds play in this contract? A key factor in any contract is acceptance, and in this case a verbal agreement had been reached three days before the exclusive negotiation right was expired. Chou then said he was going to draw up the contract. Big Time Toymaker (BTT) then sent Chou an email outlining all of the things that they had agreed upon that would be included in the contract. Seeing the email, Chou then assumed that this was the contract to be enforced and did not respond to BTT. Even though Chou received the email, he did not respond to it, thereby giving Chou the defense that silence is never acceptance. However, in E-contact law dictated by CA Civil Code 1624, b, 3, a, it says that online contracts are endorsable even if writing is required by the statute of frauds. In addition, the â€Å"Click On† or â€Å"Click Wrap† agreement clause states that these agreements are enforceable since the opportunity to read and acknowledge was given. The statutes of frauds do play a part in this contract due to the Uniform Commercial Code requiring that the statute of frauds applies to any contract for the sale of goods for $500 or more. However, the exact amount of â€Å"Strat† units that Big Time Toymaker (BTT) will sell or at what cost of each unit is unclear to the reader, it was described in detail in the email BTT sent to Chou. Question 5 Could BTT avoid this contract under the doctrine of mistake? Explain. The new management at BTT cannot avoid this contract under the doctrine of mistake because a mistake was not made by both Chou and the old management team. The mistake by Chou was accepting the email outline of the contract terms as an actual contract agreed to by both parties. Scienter applies to Chou in this case by accepting a seemingly legitimate contract. Would either party have any other defenses that would allow the contract to be avoided? The change of management brought about individuals bound to the same company as the old management team was, therefore, scienter applies to the new management team in privity. The draft sent from Chou and received by BTT is a negotiable instrument. BTT thereby becomes a holder in due course. The inaction of BTT after the draft was sent is in violation of the UCC requirement that all offers are to be open for a reasonable period of 90 days. Chou was under the impression that a contract had been made before that 90 days had expired. Chou has real defense as well as personal defense due to breach of contract and fraud. Question 6 Assuming, arguendo, that this e-mail does constitute an agreement, what consideration supports this agreement? By law, statute of frauds would support this agreement. Due to the terms, there cannot be a lawsuit that can be upheld on particular contracts or arrangements, except if it is written and signed by the authorized party or representative. Under the statute, certain kinds of contracts have to be in writing in order to be enforceable in a court of law (Contracts: Statute of Frauds, 2013). The writing also has to be signed by the person who is held responsible for the contract or by that persons agent. To evade the justification of the Statute of Frauds, one would need to make sure the contracts are in text and signed by the other party; so, if the opposing party does not hold his or her end of the agreement, one would gain from that particular party. Question Assuming BTT and Chou have a contract, and BTT has breached the contract by not distributing the game, discuss what remedies might or might not apply. It is obvious BTT’s manager did not think clearly about protecting BTT from liability. He carelessly wrote the emails, and his careless actions put BTT at risk. This led Chou to believe that this e-mail was meant to replace the earlier notion that he should draft a contract. Although the word contract was not ever used in the e-mail, it said that all of the terms had been agreed upon. The compensation would be awarded to Chou by the court in a civil action due to the wrongful conduct, being the breach from the other party, BTT. If the contract is breached by BTT, Chou will be granted equitable relief by the court, which comes in the form of specific performance, injunctive relief, or reformation. Monetary damages could also be in effect, in which they can be compensatory, resulting from a loss due to nonperformance. Also, consequential, which are indirect but to be expected from non-completion. Restitution would also take place that would be equivalent to total the party has been unfairly supplemented by the non-breaching party, and liquidated, which damages are a preset value rendering from the agreement. The compensatory damages for recovery Chou suffered by the non-breaching party would be the damages that would be awarded to the party in the same situation he would have been in if the other party had executed as agreed upon (Melvin, 2011). After review of the case scenario involving Big Time Toymaker and Chou the game inventor, we have concluded that not only was there a contract agreement between the parties, but that according to E-contract law, Chou may be bound by the terms included in the original email sent from BTT. In addition, the doctrine of mistake cannot be used in this situation because of scienter toward Chou and the old and new management of BTT. Several questions were asked of our team in accordance with contract law and the scenario provided by the textbook. This completes our analysis of the scenario and answers to the questions we were presented.

Essay on Discourse in A Portrait of an Artist as a Young Man

Authoritative Discourse in A Portrait of an Artist as a Young Man    In James Joyce's A Portrait of An Artist As A Young Man, the main character, Stephen Dedalus, struggles between his natural instincts, or what Bakhtin calls the "internally persuasive discourse" that "[is not] backed up by [an] authority at all", and his learned response, reinforced by the "authoritative discourse" of religion. To Stephen's "internally persuasive discourse", his natural sex drive is not 'wrong'. It is only after he succumbs to the "authoritative discourse" of religion that he learns that such a natural human drive is 'bad'. Thus, he learns that it is wrong to succumb to sex: he does not think that it is bad on his own. In this case, the "authoritative discourse" that considers sexual drive to be 'bad' becomes Stephen's "internally persuasive discourse". He learns that his natural urges are wrong and, as a result, he learns to deny them and pretend them to be nonexistent. This is how the "authoritative discourse" becomes Stephen's "internally persuasive discourse".   Ã‚  Ã‚   The evidence that Stephen relies on his senses is best shown by the description of how much he has to deny his senses in order to reach the "discourse" of religion.    Each of his senses was brought under a religious discipline. In order to mortify the sense of sight he made it his rule to walk in the street with downcast eyes, glancing neither to right nor left and never behind him. His eyes shunned every encounter with the eyes of women (162-3).    However, there is a natural impulse from which he cannot escape: and that is his sense of touch. He may try to deny it in all possible ways but he cannot wholly escape it. This sense of touch is what causes ... ...567-75. Epstein, Edmund L.   The Ordeal of Stephen Dedalus.   Carbondale and   Edwardsville:   Southern Illinois U P, 1971. Givens, Seon, ed.   James Joyce:   Two Decades of Criticism. New York:   1948. 2nd ed.   1963. Goldman, Arnold.   The Joyce Paradox:   Form and Freedom in his Fiction.   Evanston,   IL:   Northwestern U P,   1966. Halper, Nathan.   The Early James Joyce.   Columbia Essays on   Modern Writers.  Ã‚   Ed.   George Stade.   New York:   Columbia U P, 1973. Joyce, James.   A Portrait of the Artist as a Young Man.   The Portable James Joyce.   Ed.  Ã‚   Harry   Levin.   New   York:   Penguin, 1976. Levin, Harry.   "The Artist." James Joyce, A Portrait of the Artist as a Young Man:  Ã‚   Text, Criticism, and Notes.   Ed.   Chester G. Anderson.   New York:   Penguin,   1968.   399-415. Wright, David G.   Characters of Joyce.   Dublin:   Gill and Macmillan, 1983.   

Leeming’s Monomyth in Regards to Apocalypse Now

John Jarvis Mythology 211 October 1, 2012 Apocalypse Now Redux: Symbolically Mythology Nothing affixes attention, especially in literature and cinematic entertainment, more readily than a hero. Heroes and their journeys are the central focuses in many famous stories, either ancient or modern. The idea of the journey of a hero and their triumph is referred to as a monomyth, and there are a few approaches to determining if a story is or is not a monomyth. In his book Mythology: The Voyage of a Hero, David Adams Leeming proposes a method that involves eight steps or phases that coincide with the life and journey of the hero.Many of our culture’s most revered and acclaimed movies fit the description of a monomyth, including Francis Ford Coppola’s Apocalypse Now Redux. The entire movie takes place during the Vietnam War and depicts the hero, Army Special Operations Captain Willard, on his quest up a river to kill a psychotic Army officer, Colonel Kurtz. Francis Ford Coppolaà ¢â‚¬â„¢s Apocalypse Now Redux coincides with David Adams Leeming’s method of a monomyth because Captain Willard symbolically undergoes every aspect of Leeming’s eight part process.Leeming’s system first starts off with the birth of the hero, and the first scene of the movie corresponds to this point perfectly. The scene begins with Captain Willard in a hotel drinking heavily, and he eventually makes a very gloomy aside. In his aside, Willard states that he is back in Vietnam and that when he is back in America he can’t stand the fact that he is not in Vietnam. Willard notions to the fact that now that he is back he feels like he has a purpose, and it becomes apparent to the audience that the war has consumed Willard’s life.Near the end of the hotel scene, two NCOs find Willard in an extremely drunken state and wash him in the shower in order to make him presentable enough to receive his next mission. While Willard is not literally being born, the a ct of the NCO’s washing him and making him new so that he can go back to performing secret missions, in a sense his life, is symbolic of birth or in some ways rebirth. Now that the hero has been born, the next phase in Leeming’s method is that the hero is made aware of greater forces, usually those which the hero will eventually face.The segment in the movie that relates to this point occurs immediately after the hotel scene, when Captain Willard is briefed about his mission by a few higher ranking military officers. The officers inform Willard that his mission is to kill a rogue and mentally unstable special operations officer, Colonel Kurtz. Colonel Kurtz was once a highly decorated and respected officer, but the briefing officers inform Willard that Kurtz is now acting on his own accord killing at will with an army of people following him who worship him like a god.By the end of the briefing, Willard is made aware of the greater force that he must face. After the he ro is made aware of greater forces, Leeming notes that the hero withdrawals for a period of time to prepare to face the greater force. A little while after the briefing, Captain Willard boards a boat and orders the crew to take him up river. Willard takes time to reflect, in the form of another internal aside, upon his mission in the time before he and the crew run in to anything on the river.Willard shows his concern for the rather novice and oblivious boat crew. He also wonders about what exactly he will encounter on the river, what he will find out about Colonel Kurtz when he finds him, and what Willard will ultimately find out about himself. Following the hero’s preparation to endure their quest, the next step is for the hero to embark on their journey. On this journey, a hero typically displays traits that affirm that he or she is in fact a hero. Likewise, Captain Willard exhibits several examples that affirm his heroic demeanor.An instance where Willard shows that he ha s concern for his subordinates, the boat crew, occurs when he trades supplies at an outpost so that the boat crew can have a few hours with a couple of playboy bunnies that are stranded at the outpost. Another example of Willard’s concern for his men happens when they encounter a French plantation further down the river. One of the members of the boat crew had been killed, and Willard requested the permission to bury him on the plantation. Willard also illustrates the concept of putting the mission first when the boat crew, against Willard’s orders, searches a Vietnamese shanty boat.The crew mistakenly fires on the innocent Vietnamese civilians on the boat, which leaves one of the civilians alive. Rather than he and the crew having to deal with the well-being of the civilian, Willard kills her and tells his men that they should have listened. Once the hero has undergone the main leg of their journey, Leeming states that the hero experiences a symbolic death. Captain Wi llard experiences this symbolic death when he and the crew arrive at Colonel Kurtz’s compound. They are immediately over whelmed by the vast number of followers Kurtz has brain washed, the most of whom being an American reporter.In another aside, Willard constantly uses words and phrases to make the compound seem extremely horrific and hell-like. Willard also realizes that the only reason that he and the crew have not been over whelmed and killed is because Kurtz wants him alive, but Willard makes comments to suggest that he is already dead internally. When the reporter takes Willard to meet Kurtz, he tells one member of the crew who stays on the boat to call in an airstrike on the compound if he is not back within a certain amount of time. The next step in Leeming’s process, after the symbolic death of the hero, is the hero confronts death while in the underworld.Captain Willard’s first meeting with Colonel Kurtz represents this point very well, with Kurtz embo dying the force of death. Kurtz informs Willard that he has been expecting someone like him and asks Willard why he has been sent. Willard tells Kurtz that it is because Kurtz has gone completely insane, a fact that Willard backs up. Kurtz then states that Willard is insignificant and imprisons him. While Willard is imprisoned, Kurtz throws the head of the crew member who was to call in the airstrike on Willard’s lap, showing that Willard is truly helpless.Leeming notes that after the hero has confronted death in the underworld, the hero experiences a rebirth and a passing on of knowledge. This passing on of knowledge occurs after Captain Willard’s first meeting with Colonel Kurtz. The brain washed reporter visits Willard while he is imprisoned and states that the reason Kurtz is keeping Willard alive is because the reporter believes Kurtz is sick of being praised as a false idol and is internally dying himself. The reporter says that after Kurtz is dead that Willard w ill be the one to tell the world what happened at the compound.This encounter is what relights Willard’s internal fire, in a way resurrecting him from the symbolic hell he was in. Willard gains highly significant knowledge in his prolonged second meeting with Kurtz, in which an internal strife builds inside Willard because he begins to harbor affinity for Kurtz. In the meeting, Kurtz explains his position on war and how it should be carried out. Kurtz states that a perfect soldier is moral, but knows when to at times forget his moralistic views and use his primordial instincts to discern what the right course of action is.However, Kurtz notes that common soldiers do not operate in such a way which is their downfall. Willard, eve concludes that he must operate on these instincts if he is to conquer Kurtz. The final stage of Leeming’s model to prove a hero, occurring after the hero’s rebirth and a passing on of knowledge, is the hero ascends from the earth and esc apes the cycle of the world. With the compound in this case symbolizing earth and the war representing the cycle from which Captain Willard will escape.Willard reaches these ends by letting his instincts take control, killing Kurtz at the same time Kurtz’s followers are sacrificing a bull in Kurtz’s honor. Willard then boards the boat and escapes with the one remaining crew member. Even though Willard had grown to in a way admire Kurtz towards the end, Willard implemented what he had learned by operating off his natural instincts he was able to make the right choice. The notion that Francis Ford Coppola’s Apocalypse Now Redux is a modern day monomyth is bolstered by the fact that Captain Willard symbolically experiences every phase in David Adams Leeming’s method of defining a monomyth.Even though Apocalypse Now Redux is a work of fiction, the concept of basing a story around a heroic figure is a staple of literature in our culture. Real people who act in a heroic manner will continue to inspire such stories. Hopefully, society will never see the day where stories based around heroes cease to be written; because that would mean that the people who inspire those tales will have disappeared. Works Cited Apocalypse Now Redux. Dir. Francis Ford Coppola. Perf. Marlon Brando, Martin Sheen, Robert Duvall. 1979. Miramax Films, 2001. Film.

The Pros and Cons of Globalization Essays - 1584 Words

1. Introduction The current integrated and interdependent world economy is the outcome of the process of Globalization. Various definitions of Globalization are available. As per Block (2004), in his research paper, has defined globalization as â€Å"Intensification of world-wide social relationships which link distant localities in such a way that local happenings are shaped by distant events and, in turn, distant events are shaped by local happenings.† The IMF (2008) claims that globalization is a result of advancement in technologies and modernization of the people. It is the result of growing incorporation of economies in the world, predominantly through the movement of labor, technology, knowledge, services, merchandise and investments†¦show more content†¦The second part Zhu (2009) has mentioned is about the globalizations of productions. This strategy is focused on cost saving concept. Here the organisation outsources the production and services typically from a location outs ide the parent country to take advantage of national differences in cost and quality. This is mainly due to availability of cheap labor, land, energy, high quality and less capital to invest on sourcing process. For example Boeing 777, leading commercial airline jet producer has eight suppliers in Japan, one in Singapore, three suppliers in Italy and so on. The effects of globalization have both advantages and disadvantages. The next section will describe few benefits and issues faced by the world due to globalization. 2. Advantages of globalization More economic opportunity for poor or developing countries: The world trade has taken a major shift in recent past with more developing countries coming into the front lane of trade. The United States of America which was leading the world’s economic activity by 40.3 percent of total Gross Domestic Product (GDP) in 1963 has declined its share to 19.7 percent in 2006, but still leading the world’s trade market (Zhu, 2009). The scenario is identical for other developed countries such as Germany, Japan, France and United Kingdom. This was apparently due to the faster economic growth by the countries particularly from Asia and South America. This phenomenon can beShow MoreRelatedPros and Cons of Globalization873 Words   |  4 PagesThe Pros People have been on the move, traded, migrated and colonized in the earlier times; while in the process they transformed both places that they traveled to and the places that they came from. The pro-globalization people say that it is not just good for the rich but it’s good for the poor, because back in the 1990’s, when globalization took off, about 200 million people got out of poverty in places like India and China. Globalization is the process by which economies of countries aroundRead MorePros and Cons of Globalization2741 Words   |  11 PagesPros and cons of globalization Department: International Management Lecturer: Prof. Dr. Henkel and Prof. Dr. Perlitz Name: Shi Zhun Student ID: 1223396 Date: 29/Oct/2008 Table of Contents Page Number 1. Summary...†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦...†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦...3 2. Introduction†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦4 3. The definition of globalization†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦...........4 4. Economic growth (pros and cons)†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦..5 5. Worker (pros and cons)†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦..7 6. Consumer (pros andRead MoreAnalysis of the Pros and Cons of Globalization1212 Words   |  5 PagesGlobalization Introduction The continued accelerating pace of change in globalization is forcing an entirely new level of emphasis on individualized, highly targeted marketing across the many regions and countries of the world. Global marketing today must contend with a wider array of constraints, both economic and cultural, that as ever been the case in the past (Gupta, 2003). 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Some of its advantages are increased external finance, improved technology and political conformism. Disadvantages of globalization includeRead MoreThe Pros and Cons of Globalization Essay963 Words   |  4 Pages It is debated whether globalization is an advantage or disadvantage to our society. Everyday you hear it on the news, you read it in the newspaper, and you overhear people talking about it and in every single instance the word globalization seems to have a different meaning. Globalization is the process by which a business or company becomes international or starts to operate on an international level such like the rise of the so-called global economy. It can also bring the world closer through