Wednesday, October 30, 2019
Narcotics and Capitalism Essay Example | Topics and Well Written Essays - 750 words
Narcotics and Capitalism - Essay Example The author says that in the dynamic style of the modern age, people are so busy in their schedules that they can not make up time for their personal leisure and relaxation. All of the time is used up in work, shopping, cultivating relationships or childcare. In such circumstances, drug use provides an individual with instant comfort that he/she longs for. Besides, in the very busy schedule, people are not used to free time and thus free time may put many in distress. Many people experience depression and yet can not locate a reason for the same. Dope addiction provides them with the reason to be distressed as they long to re-experience the first feel of consuming heroin. Modern capitalist society is categorized by time, and drug use enables the individual to break free of the chain of time. Dope addicts are conventionally stereotyped as money-centered and greedy people, but the author suggests that the reverse is true i.e. greedy and money-centered people become dope addicts rather t han dope addicts becoming greedy or money-centered. The author thinks that people whose behavior is perfectly consistent with the requirements of the capitalist society are the biggest and most serious addicts of dope. They generally maintain a bossy, hustling and dominating image in front of the society but from within, they feel ashamed of their ruthless attitude. Their obsession inculcates a deep desire in them to change their identity for good, and dope addiction helps them achieve that. The author connects the reason for buying dope with the intrinsic desire of humans to be cool. When they can not identify smarter or more intelligible means of being cool, they resolve to buy dope because this is one thing they know would cool them down for sure. The author says that despite the fact that dope may be considered as a hipster buy, it is essentially a deal between a seller and a buyer whereby all is said and done. The author sees little difference between loving copping and loving shopping. To him, it is the same activity but in different aesthetic. The author also connects dope addiction with the desire for commodities. The author says that he loved cars because they provided him with an isolated space in which he could find out answers to ultimate questions in complete mental and physical peace. Same is allowed by dope addiction as it disconnects an individual from the world, and he/she becomes lost in an imaginary world where the past, present and future lose their significance. Another important linkage between narcotics and money comes from the fact that consuming narcotics make an individual look rich. Heroin is extremely expensive. I pound of heroin can cost thousands of dollars. This property of heroin as well as most of the narcotics makes their consumption a game of the rich people. Presenting ourselves as rich is one of the most fundamental elements of a capitalist society. In a capitalist society, money is power. The more money an individual has, the more respected he/she is. Thus, dope addicts perceive this habit as a quick and easy way to look rich and be in the league that most people of our society long to be in. In addition to making themselves look rich, they also look stylish. Spending up to $2100 on heroin in just a week, they surprise the richest people around. In everyday life, we spend money wisely and thoughtfully no matter how much money we have. We remain cautious not to waste money, but dope
Monday, October 28, 2019
Death of a Parent Essay Example for Free
Death of a Parent Essay I believe we are defined by events that happen throughout our lives both passivity and negatively. Most of the events that change peopleââ¬â¢s paths often happen suddenly in their life and sometimes have long term effects. Whether it is a personal, religious, life style, or even a career change the fact still remains the cause for change was caused by the event. The statements above are true for my life; my life was about to change forever. This is the day I found out my mother had only six months to live, I was only 19 years old. I was picking my mother up from a routine follow-up appointment she had at Keesler Air force Base Hospital in Biloxi Mississippi, on the afternoon of 3 March 1997. I was walking up the steps of the hospital when I saw her walking out her face was pale I asked her if she was ok, her response was no. At this point in time everything went silent she asked me to sit down on the steps but I couldnââ¬â¢t I just wanted to know what was wrong. My mother while holding my hands then told me the results of the test and that she had liver cancer and it was untreatable. I was frozen not knowing what to say I just grab her and held her close and begun to cry. She told me to stop crying because she was going to need me to be strong for her and my brothers, that she wanted her last six months to be happy memories not sad ones. Letââ¬â¢s step back for a moment so I can explain the relationship I had with my mother because it was not your normal one. My mother was so much more to me than just a mom, she was my best friend I told her everything and she told me everything. We spent many late nights talking about everything in life from how our day went to what life would hold for us in the future. My mother was one of those people who never wanted or asked for anything for herself but was one who gave everything and would do anything for her children. When I say her children I donââ¬â¢t just mean her biological ones, she took care and provide for so many more, whether it was local neighbor hood, friends, family, co-workers and sometime even complete strangers who just need help. I remember many nights sitting at the kitchen table with people eating dinner with us who I did not know and many of them I would never see again after that night. My mom would always say we donââ¬â¢t have much but what we do have is sometimes way more than what others have. My mother was the strongest person I ever known, who also had the biggest heart. Two years before we found out she only had six months to live my mother kicked breast cancers ass. At least so we thought until the cancer showed back up in her liver and the doctors only gave her six months to live. At first nothing changed for her life or mine after finding out the bad news in fact she made me promise not to tell my brothers or anyone else. She continued working up to about the last two months. That is when things started to fall apart. The first thing to go for my mother was her memory. I can remember coming home from work and my mother talking to me about going camping like I was five years old. Not knowing how to handle it I just played along with the conversation, it seemed to make her happy. This went on and off for about two weeks and then things really started heading down hill pretty quick. I had to get help from hospice care, to have help taking care of her, because she was basically bedridden and unable to care for herself. Hospice came into our home and set up a medical bed and other medical equipment in our formal living area, this was the open area in our house. At this point I quit my job to take care of her because hospice care was only coming to the house like twice a day the rest was up to me. I had made a promise to her not to let her die in a hospital and I was trying to keep that promise. As the days went on the care became more and more demanding not really physical but mentally. I was doing everything thing for her, from bathing, changing her clothes, and bed pan to forcing her to take the meds she still need to take for pain control. At this point she was no longer able to speak, it seemed like her mind was completely gone just a blank stare. My breaking point was met, I was unable to care for my mother at home anymore she had pretty much slipped into a coma. I had to have my mother moved to the hospital, I couldnââ¬â¢t keep that promise I made her and still to this day I beg for forgiveness from her. She was only in the hospital for three nights before she passed. My brothers and I took turns at night staying with her and my night was night three. That night was a special night, it was her birthday. On the night she passed away we got her a birthday cake and song happy birthday to our mother for the last time. After singing happy birthday and blowing out the candles we each gave her a hug. When it became my turn to give her a hug I told her it was ok for her to go, that we will be ok and I love you. It wasnââ¬â¢t long after that she passed away at the age of 40. Not long after my mother died my life begun to fall apart. I could not deal with people always asking me if I was ok or if I needed anything. I started pushing everyone away and shutting out the ones I love. I needed to make a positive change in my life because my mother would not want me to live this way. So I joined to U. S. Army and left home and everybody I loved. I didnââ¬â¢t really have a plan I just knew I needed my space and this was the only way I was going to get it. In fact I wrote a letter to my girlfriend breaking up with her on my flight to Germany, after I had completed all my initial training. I was completely alone for the first time after my mother died. Not a day goes by that I do not think about my mother and how her passing changed my life. Today I live my life the way I believe she would have wanted me to, with an open mind, trying to see the positives in every situation I find myself in. There are things I wish I would have handled differently when it comes to my love ones I left behind when I joined the Army. My motherââ¬â¢s passing away changed my life in so many ways and has dad a major impact on the way I raise my kids, I do not take the time I have with them for granted. You never know when your time is up, so I say make the most of it and never wait until tomorrow to tell someone you love them.
Saturday, October 26, 2019
Essay --
While living in the Bay Area, I have a valuable opportunity to experience many interesting food cultures. Doing my report on cultural traditions, I am inspired to enrich my knowledge in the culture that I have little knowledge of. Through the interview presentations, personal experiences shared by students, and several suggestions of indicative foods by the instructor, I have gained interests in different food habits and food symbolisms. After doing small research on each topic to decide what I am really interested in, I chose to learn more about the Seder plate in Passover tradition. The meanings of the celebration as well as the symbolic foods intertwine with the Jewish history of more than 210 years of slavery in Egypt. Though I have learnt about the cruelty of slavery, I have never known about any celebrated festival to commemorate on the journey to freedom from bondage. I am curious in understanding how symbolic foods that are emphasized in this festival represent the experienc es that the Israelites faced and their passage to freedom. Passover (also known as Pesach in Hebrew) is one of the most sacred festival in the Jewish calendar and the longest continuing ritual in the human history. Since 1300 B.C, Jews celebrate this tradition to commemorate the national freedom of the Children of Israel and recalls stories behind the Israelites' departure from the land of Egypt. Spring time signifies the season of Passover, which begins at the sunset marking the fifteenth day of Nisan, the first month in Jewish calendar. In modern calendar, that is between April and May. The story of Passover is written in the Book of Exodus, the second book of Hebrew Bible. Over 3000 years ago, Pharoah, the King of Egypt, enslaved Jews and tortur... ...e tradition. Hopefully, the younger generations will continue to celebrate the sacred celebration to maintain their heritage in the future. Besides the historical meaning behind this tradition, the Seder plate in Passover celebration not only teaches the younger generation to recall the past painful experiences from slavery, but also emphasizes on the positive sides of their successful journey and their joyful moments. Each of the symbolic foods of the Passover Seder Plate has an interesting meaning, and together, they created complex layered meaning of the tradition. Family and friends come together to reflect upon history, sympathize the tragedies, and celebrate the triumphs of their ancestors. It is extraordinary that all Jews around the world strongly symbolize their ancestorsââ¬â¢ experiences and spread it as the foundation of national identity.
Thursday, October 24, 2019
Build-a-Bear
1. Give examples of needs, wants, and demand that Build-A-Bear customers demonstrate, differentiating each of these three concepts. What are the implications of each on Build-A-Bearââ¬â¢s actions? Needs are defined as a basic part of the human makeup. According to Maslowââ¬â¢s Hierarchy of Needs, the need for toys belong to the third level or the social needs for love and belonging level. The primary target market of Build-A-Bear are children. A toy can provide the friend or social belonging a child needs. Build-A-Bear provides for the natural need of a child of a toy. Wants is defined as the form taken by human needs as they are shaped by culture and individual personality. As a child grows, his or her need for toys develops into wants or desires. A child needs a toy but may want a doll, a toy car, or a stuffed animal. This certain want may be influenced by the environment or the people in their surroundings. Build-A-Bear offers stuffed animals that are usually desired by younger children, most especially girls. Furthermore, Build-A-Bear have created a ââ¬Å"wantâ⬠for toys that are personalized. Demand is defined as a want backed up by buying power of the customers. In the case of Build-A-Bear, the buying power or money is provided by the parents of the children. And since they will be paying for the satisfaction of the ââ¬Å"wantsâ⬠of their children, customers or parents would want to get the toys, particularly the stuffed animals, with the best benefits. Build-A-Bear increases their toysââ¬â¢ benefits by promising that they would provide more than just a toy but the joyful experience of creating the toy. By offering more than just a toy, they have created a remarkable edge over other toys that would make their products more appealing to buying customers. 2. Detail all facets of Build-A-Bearââ¬â¢s product. What is being exchanged in a Build-A-Bear transaction? A Build-A-Bear Workshopââ¬â¢s primary products are personalized stuffed animals. But they promise to offer more than just a toy since these stuffed animals are created by the customers through different stations positioned in the store. To make the actual stuffed animal, the customers are provided the raw materials and they must then go through the child-friendly stations (Choose Me, Stuff Me, Hear Me, Stitch Me, Fluff Me, Dress Me, and Name Me) in the Build-A-Bear Workshop and do the necessary processes in the stations. Thus, what is actually exchanged is the toy plus the playful experience of creating the toy. From the perspective of a child or even adults, this will be a very unique experience since most of toys currently available in the market are all factory-produced. This unique experience shall become a creative memory and is also an added feature of the said exchange. 3. Which of the five marketing management concepts best describes Build-A-Bear Workshop? The marketing management concept that is best apt for the Build-A-Bear Workshop is the Marketing Concept. The marketing concept is defined as the concept that conducts various researches first regarding the needs, wants and demands of the customers before producing the actual product. The marketing concept also introduces the concept of customer-driving market or offering a new product that the customer may want based on their research and market studies. In the case of Build-A-Bear, the company is a pioneer in their kind of business. Maxine Clark, the owner, has determined that customers need products that are customized or personalized and will give them a sense of creativity and uniqueness. They have created a toy that is more than just a toy. They have integrated a product and service and they are continuously improving their services to offer more to loyal customers. 4. Discuss the value that Build-A-Bear creates for its customers. Customer value is defined as the difference between the values the customer gains from owning and using a product and the costs of obtaining the product. Build-A-Bear not only offers a toy but rather the ââ¬Å"experience of participating in the creation of personalized entertainmentâ⬠. This experience satisfies the growing demand for products that are inclined towards customization. This is what separates Build-A-Bear Workshop from a regular toy store. This gives them the edge and competitive advantage from all other stuffed animals in the market. 5. Is Build-A-Bear likely to be successful in continuing to build customer relationships? Why or why not? Yes, because as what has been described in the text, the owner of the company is very much customer oriented. As demonstrated by the marketing concept, they look first at what is outside before going in. In her goal of going to 2 to 3 stores per month, the owner can get a personal first-hand experience of getting to know what the customer wants. She keeps their products updated by continuously asking the customers what they want. If the customers knew that the owner is very much concerned with what they want, this can develop their loyalty to the company. Furthermore, products that continuously answer to customerââ¬â¢s desires can also develop customer loyalty and leads to customers buying more from the company. Moreover, they can also share their experience with the company and encourage potential customers to try their products as well. Build-a-Bear 1. Give examples of needs, wants, and demand that Build-A-Bear customers demonstrate, differentiating each of these three concepts. What are the implications of each on Build-A-Bearââ¬â¢s actions? Needs are defined as a basic part of the human makeup. According to Maslowââ¬â¢s Hierarchy of Needs, the need for toys belong to the third level or the social needs for love and belonging level. The primary target market of Build-A-Bear are children. A toy can provide the friend or social belonging a child needs. Build-A-Bear provides for the natural need of a child of a toy. Wants is defined as the form taken by human needs as they are shaped by culture and individual personality. As a child grows, his or her need for toys develops into wants or desires. A child needs a toy but may want a doll, a toy car, or a stuffed animal. This certain want may be influenced by the environment or the people in their surroundings. Build-A-Bear offers stuffed animals that are usually desired by younger children, most especially girls. Furthermore, Build-A-Bear have created a ââ¬Å"wantâ⬠for toys that are personalized. Demand is defined as a want backed up by buying power of the customers. In the case of Build-A-Bear, the buying power or money is provided by the parents of the children. And since they will be paying for the satisfaction of the ââ¬Å"wantsâ⬠of their children, customers or parents would want to get the toys, particularly the stuffed animals, with the best benefits. Build-A-Bear increases their toysââ¬â¢ benefits by promising that they would provide more than just a toy but the joyful experience of creating the toy. By offering more than just a toy, they have created a remarkable edge over other toys that would make their products more appealing to buying customers. 2. Detail all facets of Build-A-Bearââ¬â¢s product. What is being exchanged in a Build-A-Bear transaction? A Build-A-Bear Workshopââ¬â¢s primary products are personalized stuffed animals. But they promise to offer more than just a toy since these stuffed animals are created by the customers through different stations positioned in the store. To make the actual stuffed animal, the customers are provided the raw materials and they must then go through the child-friendly stations (Choose Me, Stuff Me, Hear Me, Stitch Me, Fluff Me, Dress Me, and Name Me) in the Build-A-Bear Workshop and do the necessary processes in the stations. Thus, what is actually exchanged is the toy plus the playful experience of creating the toy. From the perspective of a child or even adults, this will be a very unique experience since most of toys currently available in the market are all factory-produced. This unique experience shall become a creative memory and is also an added feature of the said exchange. 3. Which of the five marketing management concepts best describes Build-A-Bear Workshop? The marketing management concept that is best apt for the Build-A-Bear Workshop is the Marketing Concept. The marketing concept is defined as the concept that conducts various researches first regarding the needs, wants and demands of the customers before producing the actual product. The marketing concept also introduces the concept of customer-driving market or offering a new product that the customer may want based on their research and market studies. In the case of Build-A-Bear, the company is a pioneer in their kind of business. Maxine Clark, the owner, has determined that customers need products that are customized or personalized and will give them a sense of creativity and uniqueness. They have created a toy that is more than just a toy. They have integrated a product and service and they are continuously improving their services to offer more to loyal customers. 4. Discuss the value that Build-A-Bear creates for its customers. Customer value is defined as the difference between the values the customer gains from owning and using a product and the costs of obtaining the product. Build-A-Bear not only offers a toy but rather the ââ¬Å"experience of participating in the creation of personalized entertainmentâ⬠. This experience satisfies the growing demand for products that are inclined towards customization. This is what separates Build-A-Bear Workshop from a regular toy store. This gives them the edge and competitive advantage from all other stuffed animals in the market. 5. Is Build-A-Bear likely to be successful in continuing to build customer relationships? Why or why not? Yes, because as what has been described in the text, the owner of the company is very much customer oriented. As demonstrated by the marketing concept, they look first at what is outside before going in. In her goal of going to 2 to 3 stores per month, the owner can get a personal first-hand experience of getting to know what the customer wants. She keeps their products updated by continuously asking the customers what they want. If the customers knew that the owner is very much concerned with what they want, this can develop their loyalty to the company. Furthermore, products that continuously answer to customerââ¬â¢s desires can also develop customer loyalty and leads to customers buying more from the company. Moreover, they can also share their experience with the company and encourage potential customers to try their products as well. Build-a-Bear 1. Give examples of needs, wants, and demand that Build-A-Bear customers demonstrate, differentiating each of these three concepts. What are the implications of each on Build-A-Bearââ¬â¢s actions? Needs are defined as a basic part of the human makeup. According to Maslowââ¬â¢s Hierarchy of Needs, the need for toys belong to the third level or the social needs for love and belonging level. The primary target market of Build-A-Bear are children. A toy can provide the friend or social belonging a child needs. Build-A-Bear provides for the natural need of a child of a toy. Wants is defined as the form taken by human needs as they are shaped by culture and individual personality. As a child grows, his or her need for toys develops into wants or desires. A child needs a toy but may want a doll, a toy car, or a stuffed animal. This certain want may be influenced by the environment or the people in their surroundings. Build-A-Bear offers stuffed animals that are usually desired by younger children, most especially girls. Furthermore, Build-A-Bear have created a ââ¬Å"wantâ⬠for toys that are personalized. Demand is defined as a want backed up by buying power of the customers. In the case of Build-A-Bear, the buying power or money is provided by the parents of the children. And since they will be paying for the satisfaction of the ââ¬Å"wantsâ⬠of their children, customers or parents would want to get the toys, particularly the stuffed animals, with the best benefits. Build-A-Bear increases their toysââ¬â¢ benefits by promising that they would provide more than just a toy but the joyful experience of creating the toy. By offering more than just a toy, they have created a remarkable edge over other toys that would make their products more appealing to buying customers. 2. Detail all facets of Build-A-Bearââ¬â¢s product. What is being exchanged in a Build-A-Bear transaction? A Build-A-Bear Workshopââ¬â¢s primary products are personalized stuffed animals. But they promise to offer more than just a toy since these stuffed animals are created by the customers through different stations positioned in the store. To make the actual stuffed animal, the customers are provided the raw materials and they must then go through the child-friendly stations (Choose Me, Stuff Me, Hear Me, Stitch Me, Fluff Me, Dress Me, and Name Me) in the Build-A-Bear Workshop and do the necessary processes in the stations. Thus, what is actually exchanged is the toy plus the playful experience of creating the toy. From the perspective of a child or even adults, this will be a very unique experience since most of toys currently available in the market are all factory-produced. This unique experience shall become a creative memory and is also an added feature of the said exchange. 3. Which of the five marketing management concepts best describes Build-A-Bear Workshop? The marketing management concept that is best apt for the Build-A-Bear Workshop is the Marketing Concept. The marketing concept is defined as the concept that conducts various researches first regarding the needs, wants and demands of the customers before producing the actual product. The marketing concept also introduces the concept of customer-driving market or offering a new product that the customer may want based on their research and market studies. In the case of Build-A-Bear, the company is a pioneer in their kind of business. Maxine Clark, the owner, has determined that customers need products that are customized or personalized and will give them a sense of creativity and uniqueness. They have created a toy that is more than just a toy. They have integrated a product and service and they are continuously improving their services to offer more to loyal customers. 4. Discuss the value that Build-A-Bear creates for its customers. Customer value is defined as the difference between the values the customer gains from owning and using a product and the costs of obtaining the product. Build-A-Bear not only offers a toy but rather the ââ¬Å"experience of participating in the creation of personalized entertainmentâ⬠. This experience satisfies the growing demand for products that are inclined towards customization. This is what separates Build-A-Bear Workshop from a regular toy store. This gives them the edge and competitive advantage from all other stuffed animals in the market. 5. Is Build-A-Bear likely to be successful in continuing to build customer relationships? Why or why not? Yes, because as what has been described in the text, the owner of the company is very much customer oriented. As demonstrated by the marketing concept, they look first at what is outside before going in. In her goal of going to 2 to 3 stores per month, the owner can get a personal first-hand experience of getting to know what the customer wants. She keeps their products updated by continuously asking the customers what they want. If the customers knew that the owner is very much concerned with what they want, this can develop their loyalty to the company. Furthermore, products that continuously answer to customerââ¬â¢s desires can also develop customer loyalty and leads to customers buying more from the company. Moreover, they can also share their experience with the company and encourage potential customers to try their products as well.
Wednesday, October 23, 2019
Acceptance
An acceptance is ââ¬Å"a manifestation of assent to the terms [of the offer] made by the offeree in the manner invited or required by the offer. â⬠In determining if an offeree accepted an offer and created a contract, a court will look for evidence of three factors: (1) the offeree intended to enter the contract, (2) the offeree accepted on the terms proposed by the offeror, and (3) the offeree communicated his acceptance to the offeror. Common Law: Traditional ââ¬Å"Mirror Imageâ⬠Rule The traditional contract law rule is that an acceptance must be the mirror image of the offer. Attempts by offerees to change the terms of the offer or to add new terms to it are treated as counteroffers because they impliedly indicated an intent by the offeree to reject the offer instead of being bound by its terms. However, recent years have witnessed a judicial tendency to apply the mirror image rule in more liberal fashion by holding that only material (important) variances between an offer and a purported acceptance result in an implied rejection of the offer. Even under the mirror image rule, no rejection is implied if an offereee merely asks about the terms of the offer without indicating its rejection (an inquiry regarding terms), or accepts the offerââ¬â¢s terms while complaining about them (a grumbling acceptance). Distinguishing among a counteroffer, an inquiry regarding terms, and a grumbling acceptance is often a difficult task. The fundamental issue, however, remains the same: Did the offeree objectively indicate a resent intent to be bound by the terms of the offer? Communication of Acceptance To accept an offer for a bilateral contract, the offeree must make the promise requested by the offer. An offeror must communicate the terms of his proposal to the offeree before an offer results. This is so because communication is a necessary component of the present intent to contract required for the creation of an offer. For similar reasons, it is generally held that an offeree must communicate his intent to be bound by the offer before a contract can be created. To accept an offer for a unilateral ontract, however, the offeree must perform the requested act. The traditional contract law rule on this point assumes that the offeror will learn of the offereeââ¬â¢s performance and holds that no further notice from the offeree is necessary to create a contact unless the offeror specifically requests notice. Mailbox rule Under the so-called ââ¬Å"mailbox rule,â⬠properly addressed and dispatched acceptances can become effective when they are dispa tched, even if they are lost and never received by the offeror. The mailbox rule protects the offereeââ¬â¢s reasonable belief that a binding contract was created when the acceptance was dispatched. By the same token, it exposes the offeror to the risk of being bound by an acceptance that she has never received. The offeror, however, has the ability to minimize this risk by stipulating in her offer that she must actually receive the acceptance for it to be effective. Offerors who do this maximize the time they have to revoke their offers and ensure that they will never be bound by an acceptance that they have not received. As traditionally applied by the common law of contracts, the mailbox rule would make acceptances effective upon dispatch when the offeree used a manner of communication that was expressly or impliedly authorized (invite) by the offeror. Any manner of communication suggested by the offeror (e. g. , ââ¬Å"You may respond by mailâ⬠) would be expressly authorized, resulting in an acceptance sent by the suggested means being effective on dispatch. Unless circumstances indicated to the contrary, a manner of communication used by the offeror in making the offer would be impliedly authorize (e. . , an offer sent by mail would impliedly authorize an acceptance by), as would a manner of communication common in partiesââ¬â¢ trade or business (e. g. , a trade usage in the partiesââ¬â¢ business that offers are made by mail and accepted by telegram would authorize an acceptance by telegraph). Conversely, an improper dispatched acceptance or one that was nonauthorized would be effective when received, assuming that the offer was still open at that time. This placed on the offeree the risk of the offer being revoked or the acceptance being lost. The mailbox rule is often applied more liberally by courts today. A modern version applied of the mailbox rule that is sanctioned by the Restatement (Second) holds that an offer that does not indicate otherwise is considered to invite acceptance by any reasonable means of communication, and a properly dispatched acceptance sent by a reasonable means of communication within a reasonable time is effective on dispatch. The Cantu case illustrates the more liberal version of the mailbox rule. Special Acceptance Problem Areas Acceptance in Unilateral Contracts A unilateral contract involves the exchange of a promise for an act. To accept an offer to enter such a contract, the offeree must perform the requested act. As you learned in the last chapter, however, courts applying modern contract rules may prevent an offeror from revoking such an offer once the offeree has begun performance. This is achieved by holding either that a bilateral contract is created by the beginning of performance or that the offerorââ¬â¢s power to revoke is suspended for the period of time reasonably necessary for the offeree to complete performance. Acceptance in Bilateral Contracts A bilateral contract involves the exchange of a promise for a promise. As a general rule, to accept an offer to enter such a contract, an offeree must make the promise requested by the offer. This may be done in a variety of ways. For example, Wallace sends Stevens a detailed offer for the purchase of Stevenââ¬â¢s business. Within the time period prescribed by the offer, Steven sends Wallace a letter that says, ââ¬Å"I accept your offer. â⬠Stevens has expressly accepted Wallaceââ¬â¢s offer, creating a contract on the terms of the offer. Acceptance, however, can be implied as well as expressed. Offerees who take action that objectively indicates agreement risk the formation of a contract. For example, offerees who act in a manner that is inconsistent with an offerorââ¬â¢s ownership of offered property are commonly held to have accepted the offerorââ¬â¢s terms. So, if Arnold, a farmer, leaves 10 bushels of corn with Porter, the owner of a grocery store, saying, ââ¬Å"Look this corn over. If you want it, itââ¬â¢s $5 a bushel,â⬠and Porter sells the corn, he has mpliedly accepted Arnoldââ¬â¢s offer. But what if Porter just let the corn sit and, when Arnold returned a week later, Porter told Arnold that he did not want it? Could Porterââ¬â¢s failure to act ever amount to an acceptance? Silence as Acceptance Since contract law generally requires some objective indication that an offeree intends to contract, the general rule is that an offereeââ¬â¢s silence, without more, is not an acceptance. In ad dition, it is generally held that an offeror cannot impose on the offeree a duty to respond to the offer. So, even if Arnold made an offer to sell corn to Porter and said, ââ¬Å"If I donââ¬â¢t hear from you in three days, Iââ¬â¢ll assume youââ¬â¢re buying the corn,â⬠Porterââ¬â¢s silence would still not amount to acceptance. On the other hand, the circumstance of a case sometimes impose a duty on the offeree to reject the offer affirmatively or be bound by its items. These are cases in which the offereeââ¬â¢s silence objectively indicates an intent to accept. Customary trade practice or prior dealings between the parties may indicate that silence signals acceptance. So, if Arnold and Porter had dealt with each other on numerous occasion and Porter has always promptly returned items that her did not want, Porterââ¬â¢s silent retention of the goods for a week would probably constitute an acceptance. Likewise, an offereeââ¬â¢s silence can also operate as an acceptance if the offeree has indicated that it will. For example, Porter (the offeree) tells Arnold, ââ¬Å"If you donââ¬â¢t hear from me in three days, I accept. â⬠Finally, it is generally held that offerees who accept an offerorââ¬â¢s performance knowing what the offeror expects in return for his performance have impliedly accepted the offerorââ¬â¢s terms. So, if Apex Paving Corporation offers to do the paving work on new subdivision being developed by Majestic Homes Corporation, and Majestic fails to respond to Apexââ¬â¢s offer but allows Apex to do the work, most courts would hold that Majestic is bound by the terms of Apexââ¬â¢s offer. Acceptance When a Writing Is Anticipated Frequently, the parties to a contract intend to prepare a written draft of their agreement for both parties to sign. This is a good idea not only because the law requires written evidence of some contracts, but also ecause it provides written evidence of the terms of the agreement if a dispute arises at a later date. If a dispute arises before such a writing has been prepared or signed, however, a question may arise concerning whether the signing of the agreement was a necessary condition to the creation of a contract. A party to the agreement who now wants out of the deal may argue that the parties did not intend to be bound until both parties signed in writing. A clear expression of such intent by the parties during the negotiation process prevents the formation of a contract until both parties have signed. However, in the absence of such a clear expression of intent, the courts ask whether a reasonable person familiar with all the circumstances of the partiesââ¬â¢ negotiations would conclude that the parties intended to be bound only when a formal agreement was signed. If it appears that the parties had concluded their negotiations and reached agreement on all the essential aspects of the transaction, most courts would probably find a contract at the time agreement was reached, even though no formal agreement had been signed. Acceptance of Ambiguous Offers. Although offerors have the power to specify the manner in which their offers can be accepted by requiring that the offeree make a return promise (a bilateral contract) or perform a specific act (a unilateral contract), often an offer is unclear about which form of acceptance is necessary to create a contract. In such a case, the offer may be accepted in any manner that is reasonable in light of the circumstances surrounding the offer. Thus, either a promise to perform or performance, if reasonable , creates a contract. Acceptance by Shipment. The Code specifically elaborates on the rule stated in the preceding section by stating that an order requesting prompt or current shipment of goods may be accepted either by a prompt promise to ship or by a prompt or current shipment of the goods [2-206(1)(b)]. So, if Apex Corporation orders 500 IBM personal computers from Marks Office Supply, to be shipped immediately, Marks could accept either promptly promising to ship the goods or by promptly shipping them. If Marks accepts by shipping, any subsequent attempt by Ampex to revoke the order will be ineffective. What if Marks did ot have 500 IBMs in stock and Marks knew that Ampex desperately needed the goods? Marks might be tempted to ship another brand of computers (that is, nonconforming goods ââ¬â goods different from what the buyer ordered), hoping that Ampex would be forced by its circumstances to accept them because by the time they arrived it would be too late to get the correct goods elsewhere. M arks would argue that by shipping the wrong goods it had made a counteroffer because it had not performed the act requested by Ampexââ¬â¢s order. If Ampex accepts the goods, Marks could argue that Ampex has impliedly accepted the counteroffer. If Ampex rejects the goods, Marks would arguably have no liability since it did not accept the order. The Code prevents such a result by providing that prompt shipment of either conforming goods (what the order asked for) or nonconforming goods (something else) operates as an acceptance of the order [2-206(1)(b)]. This protects buyers such as Ampex because, sellers who ship the wrong goods have simultaneously accepted their offers and breached the contract by sending the wrong merchandise. But what if Marks is an honest seller merely trying to help out a customer that has placed a rush order? Must Marks expose itself to liability for breach of contract in the process? The Code prevents such a result by providing that no contract is created if the seller notifies the buyer within a reasonable time that the shipment of nonconforming goods is intended as an accommodation (an attempt to help the buyer) [2-206(1)(b)]. In this case, the shipment is merely a counteroffer that the buyer is free to accept or reject and the sellerââ¬â¢s notification gives the buyer the opportunity t seek the goods he needs elsewhere. Who Can Accept an Offer? As the masters of their offers, offerees have the right to determine who can bind them in a contract. So, the only person with the legal power to accept an offer and create a contract is the original offeree. An attempt to accept by anyone other than the offeree is treated as an offer, because the party attempting to accept is indicating a present intent to contract on the original offerââ¬â¢s terms. For example, Price offers to sell his car to Waterhouse for $5,000. Anderson learns of the offer, calls Price, and attempts to accept. Anderson has made an offer that Price is free to accept or reject
Tuesday, October 22, 2019
Trends and Fads Love Is a Fallacy
Trends and Fads Love Is a Fallacy Introduction Trends and fads produce a multitude of social influences on society. Humanity witnessed the emergence and development of various trends and fads. They come and go, changing the ways individuals perceive the surrounding reality.Advertising We will write a custom essay sample on Trends and Fads: Love Is a Fallacy specifically for you for only $16.05 $11/page Learn More The words ââ¬Å"Charlestonâ⬠, ââ¬Å"Stutz Bearcatâ⬠, and ââ¬Å"Raccoon Coatâ⬠date back to the 1920s, when young males sought to re-establish themselves in their culture through fashionable dress codes, expensive cars, and excellent dancing skills. Nothing has changed since then: raccoon coats are no longer fashionable, but trends and fads continue to dominate the hearts and minds of people, giving them a false sense of belonging to a privileged class. In Shulmanââ¬â¢s story, as well as in the real world, a raccoon coat used to be a symbol of style and privilege among male college students. For Petey Bellows, the authorââ¬â¢s roommate, a raccoon coat is a matter of life vs. death: he wants a raccoon coat above anything in the world. He knows that to have a raccoon coat means to ââ¬Å"be in the swimâ⬠(Shulman). Petey believes that there is no way for him to outperform his peers other than to own a piece of fashionable clothes. He does not realize that being ââ¬Å"in the swimâ⬠is the same as being lost in a gray crowd of people. That raccoon coats are unsanitary and weight too much means nothing to Petey (Shulman). He treats clothes as the sign of his privileged position and personal well being. In the 1920s, the revival of raccoon coats was accompanied by the returning popularity of Charleston, which rapidly grew into a social mania. Charleston was inseparable from fashion. Those who did not follow the trend would doom themselves to social oblivion, isolation, and even rejection. At that time, a young student wearing a racc oon coat and dancing Charleston would be a secret dream for dozens of girls. Undoubtedly, a fashionable car added to the picture of personal prosperity. Stutz Bearcat was one of the most fashionable cars in the 1920s.Shulman recalls how his father used to wear his raccoon coat ââ¬Å"in his Stutz Bearcat in 1925â⬠. The car carried a deep, complex social meaning. It was a symbol of prosperity, a sign of privilege, and a symptom of wealth and fashion. Shulman suggests that, back in his college years, his father used to be extremely fashionable. Simultaneously, the author is absolutely indifferent to these things. He tries to show that clothes, cars, and dancing skills have nothing to with personal uniqueness. Unfortunately, he fails to recognize the significance of these social codes, until his girl leaves to Petey, who wears a raccoon coat.Advertising Looking for essay on art and design? Let's see if we can help you! Get your first paper with 15% OFF Learn More Nothing has changed since then. Raccoon coats are no longer fashionable, but trends and fads continue to dominate peopleââ¬â¢s hearts and minds. Ferraris, personal airplanes, Armani clothes and fashionable after-parties create an image of enormous material wealth. Like many years before, these items symbolize a social privilege but tell nothing about individuality and uniqueness. The media spread the message of materialism, turning money into a self-goal. Inanimate objects replace individuality and uniqueness. They give a false sense of belonging to a privileged class but leave little room for personal development and growth. Conclusion Trends and fads come and go, but their social significance is difficult to underestimate. In the 1920s, raccoon coats, Stutz Bearcats and Charleston were the symbols of a privileged social position. Thousands of male college students would do anything to wear fashionable clothes and develop unique dancing skills; otherwise, they would doom themselves to oblivion, isolation, and social rejection. Nothing has changed since then: raccoon coats are no longer fashionable, but trends and fads continue to dominate peopleââ¬â¢s hearts and minds. The media spread the message of materialism and turn money into a self-goal. Ferraris, Armani clothes, and fashionable after-parties create a picture of wealth and wellness. Unfortunately, they have nothing to do with individuality, uniqueness, self-development, and personal growth. Shulman, Max. ââ¬Å"Love Is A Fallacy.â⬠Askââ¬â¢nââ¬â¢Learn, n.d. Web.
Monday, October 21, 2019
The Ibo Tribe essays
The Ibo Tribe essays The Ibos, which can also be called the Igbos, live in Iboland in Nigeria. They are one of the three major ethnic groups in Nigeria. Because they lived in the intense heat of the tropical climate they were required to wear relatively loose clothing. Young boys and girls wore very little or no clothing until they reach puberty. A few of the materials that were used to make their clothing were lace, jacquard, adire, tie dye, Ankara, and many other kinds of fabrics. Women used to wear loose neck blouses, usually long enough to go a little past the waist. Their iro (a skirt), looked like a plain sheet, and was wrapped around the waist and folded in a way so it would stay in place. The women also wore a gele which is a headpiece that looked like a sheet and was folded or tied in a variety of ways on the head. Women always wore unique jewelry with their outfits. The men wore clothes that looked very similar to the womens. They wore loose neck shirts that were usually long enough to go half way down their thighs. They also wore a filq, which is a round cap that was worn on the head. The history of women in the Ibo society of Nigeria contains two conflicting images. One is of the vibrant, fearless pre-colonial woman who knew herself and her worth and often claimed to be equal with the men in the community. The other is of the subordinate, confused, but still active, modern woman struggling to define herself in an ever-changing world. According to people who have visited and talked to the women of the Ibo tribe, the women are strong, independent-minded people. Even though they used to be beaten often they still took part in the economic, religious, and political lives of their communities. The women in the Ibo community went through many hard times, but they were still very strong women. The Ibos, like people in most African societies, were polytheists. They believed in and worshiped many gods. They believed that there are three le...
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