A Helpful Hybrid in Search of Integrity Essay Example | Topics and Well Written Essays - 1000 words

A Helpful Hybrid in Search of Integrity - Essay Example Also, there is an abstract, a â€Å"descriptive summary,† at the beginning of this article that has an overall â€Å"sober look† – characteristics that define a scholarly work (ibid., 2011). There is proper in-text referencing and also a comprehensive bibliography at the end of this article, which again is an indication that this is a scholarly resource (ibid., 2011). In the first page itself, there is a description about â€Å"the affiliations† of the author, which suggests that this article is written by a scholar â€Å"who has done research in the field (ibid., 2011). The language of the article is also highly specific to the area of research, which demands certain level of background information from the reader so as to understand it properly. This is yet another indication of it being a scholarly resource. In the review of the previous literature section, this article has reported original past works in the field and has also carried out certain orig inal analysis of the topic. The article published by The Economist (2011) and titled â€Å"Business: The View from the Top, And Bottom; Corporate Culture,† is not a scholarly resource and the source it was published in can be described only as a â€Å"substantive news and general interest† periodical as is classified by the Cornell University website (ibid., 2011). This article is classified so owing to many reasons, they being: 1) there is no abstract; 2) this article is not peer-reviewed; 3) it is not published by any academic publisher; 4) it has no proper referencing and citation; 5) it is not written by a scholar having done background studies on the topic; 6) it is not the outcome of any original research but is only quoting randomly from a recently done research study (ibid., 2011). There is not even an author to this article and it is evident that it is just a quick summary, in the form of news, of a research work carried out elsewhere. The language of this art icle is meant to address laymen rather than those who have some background information on the topic. The article titled â€Å"A Toy Maker’s Conscience† and authored by Jonathan Dee (2007) is not a scholarly resource either. It has been published in a â€Å"substantive news and general interest† periodical such as New York Times (ibid., 2011). A journalist employed by the periodical has written the article and there is no information given on what past research experience on the topic the author has. The very format of this essay does not comply with research writing as there is no abstract given, and there is neither citation of past research work on the topic nor original experimentation or analysis carried out on the topic apart from some personal observations and comments. This article is not peer-reviewed (â€Å"Evaluating Sources,† 2009). The language of the article is meant for light reading and there is nothing serious or scholarly about this artic le. The interview taken and included in this article does not follow the research interview format and the analysis and conclusions made form these interviews do not follow any research methodology. The photograph and advertisements included in the designing of the page in which the article is displayed also suggest that this is not a scholarly resource (â€Å"Distinguishing Scholarly Journals from Other Periodicals,† 2011). The article entitled â€Å"75 Years of Lessons Learned: Chief Executive Officer Values and Corporate Social Responsibility† and authored by Carol-Ann Tetrault Sirsly (2009), which was published in the Journal of Management History, is a scholarly resource because it is peer-reviewed (ibid., 2011). The Journal of Management History, in which it is published, is a peer-reviewed journal and is listed

Contract Laws Essay Example for Free

Contract Laws Essay When it comes the laws of business there are a broad range of categories and topics. A topic that we would find when studying business law is contracts. â€Å"A contract is a legally enforceable agreement between two or more people.† (Rogers, 2012) In the world we live in learning about contract laws is very vital when entering into one. We must be aware that there is more than just on type of contract and there are several steps that both parties must follow before any contract can be legal. There are several types of contracts that individuals can enter. These types are expressed, implied, bilateral, unilateral, simple, formal and quasi contracts. An express contract are â€Å"formed by the express language of the parties—the actual words they use in their agreement—and can be either written or oral.† (Rogers, 2012) This type of contract does not have to be in writing. An expressed contract contains the offer, acceptance and consideration elements of a contract. Express contracts are usually compared to implied contracts. Implied contacts are â€Å"formed not by the express words of the parties, but rather by their actions.† (Rogers, 2012) With this type of contract the agreement is implied by actions. There are no expressed words within an implied contract. It can be either implied in fact or in law. If a contract will result in inequity or harm it will not be implied. If there is any doubt or discrepancy exists, then the court might not con clude a contractual relationship. If an implication arises that they have jointly assented to a new contract that contains the same requirements as the old agreement. Another type of contract is a bilateral contract. A bilateral contract is a† reciprocal arrangement between two parties under which both parties promise to perform an act in exchange for  the other partys act† (BusinessDictionary.com). When entering into a bilateral contract there is a joint agreement among the two parties that entails the performance of an act. The promise made by one party constitutes sufficient consideration for the promise made by the other party. It is a common contract because we enter into a bilateral contract everything we make a purchase, order or receive any kind of treatment. Bilateral contracts are compared to unilateral contract. Unilateral contract are agreements that deal with a promise that is made by only one person involved in the contract. This agreement is when there is an exchange for the performance or non-performance of an act by the other party. Only one of the contracting parties can be enforced to comply with contract. This type of contract is one-sided because only the offeror is legally bound in complying with the terms of the contract. The offeree can comply or refrain from performing the act, but he or she cannot be sued if they do not comply. If you accept an offer from a unilateral contract it cannot be achieved by making another agreement only by performance or non-performance of some particular act. An offer can be revoked until the act has been performed or there was no act completed and the date has passed. The following contract is called a simple contract. It is in no way a lawfully recorded or legitimately sealed contract, but breeches are still frequently ruled on by a judge. It â€Å"is any oral or written contract that is not required to follow a specific form, or be signed, witnessed, or sealed.† (Rogers, 2012). They are not necessarily formalized contracts and do not entail court proceedings in order to make them binding. They are simply an agreement that is among the parties involved. They are usually compared to formal contracts. Formal contract are â€Å"a written agreement between two parties that are considered to be legally binding and enforced my law† (Laws.com). They must be in writing, signed and seal by all parties entering into the contract. In order for a formal contract to be valid it must contain three elements, which are the offer, the acceptance and a payment for the services provided or goods delivered. This type of contract eliminates any uncertainty regarding its terms and conditions. It contains a preface section which is utilized to clearly define the essentials terms that are utilized within the contract. This helps in eliminating redundancy in the use of common language. It also insures substantive terms of the contract  that are described and referenced in t he contract. Quasi contracts are the last type of contract discussed in the text. Quasi contracts are not a realistic contract. â€Å"They are a remedy that a court may offer to make things fair.† (Rogers, 2012). This type of contract is implied by law. Courts will imply a fictional contract to require one party to return benefits to the other party where unjust enrichment has occurred. Unjust enrichment doctrine deals with the equality of a quasi contract. It states that no party should profit at the expense of the other without making restitution of a reasonable value. When there is no oral or written agreement, courts depend on this doctrine to provide a legal remedy for a quasi contract. A Quasi contract can be compared to an implied contract. There are two types of implied contracts. These types are Implied-in-fact and Implied-by-law. A quasi contract is considered to be an Implied-by-law. It is different from an implied-in-fact because the courts treat the former as an express written contract because of the actions and words that both parties have expressed. Even though neither party has verbally expressed the acceptance of the contract their actions might be viewed differently. A contracted can be valid and enforceable, but can also be found to be unenforceable and can be voided. In order for a contract to be valid and enforceable it must contain the five elements of a contract to be legally binding. These elements are offer, acceptance, consideration, legality and capacity. The first element of a valid contract is the offer. An offer â€Å"is an invitation for another to enter into a contract† (Rogers, 2012). Offers can be verbal or written, but must at all times be clear terms. They can be bilateral or unilateral terms. They are not legally binding. Offers can be voided is any of the individuals involved cannot or do not comply with their promise. Offers can also be voided, repealed or annulled after parties have accepted the offer, unless there is a clause where it states that revocations are not allowed. The following element is acceptance. An acceptance â€Å"is an acquiescence to enter into a contract under the terms of the offer† (Rogers, 2012). Once an offer is made the parties must agree on the terms. All parties must be willing to enter into the agreement. Acceptances can be implied or  expressed. They can be directed to all parties involved or just one person. There are times when the individual making the offer will invite the person accepting the offer by actually performing the acts that the offeror is bargaining for. This occurs when special tribulations of notification, revoking and confidence in the form of limited performance can occur. Consideration is the next element of a valid contract. A consideration is â€Å"anything of legal value that is asked for and received as the price for entering into a contract† (Rogers, 2012). For a contract to be considered to be legally binding it must be supported by a valuable consideration. For instance, a party is required to do something in exchange for the promise that was made in a benefit of value. It is what each individual in the contact provides to the other as the established value for the other’s promise. For the most part, considerations are usually a payment of money, but are not always. At times they can be a promise to do something such as a type of work in return for something. The fourth element is legality. This is â€Å"an agreement may be considered illegal if it would violate a statute; result in commission of a tort; or violate public policy.† (Rogers, 2012). In contract law, legality of purpose is required of every enforceable contract. Agreement of a social nature are presumed not to be legally binding, but with evidence can be rebutted in court. Also, any domestic agreements such as agreements created by a parent and a child are generally unenforceable on the basis of the system of law. The last element is capacity. Capacity is â€Å"the mental competency of an individual and also with special rules for people who are under legal age† (Rogers, 2012). In other words, it deals with the competence of all parties. In order for an individual to enter into a contract they must be capable to do so. All parties entering the contract have to be over the legal age, mentally capable and cannot be under the influence of drugs or alcohol. If a contract is made with an individual that is under the age of 18 or 21, depending on the jurisdiction, the contract is voidable, but is legal and enforceable until or unless the individual revokes it. In the  eyes of the law, individuals under the age of 18 or 21 are deemed to be immature and naà ¯ve to enter into a contract. The individual may avoid the legal duty to perform the terms of the agreement without being liable of breach of contract. All parties must also be mentally capable of entering into a contract. If a party does not understand the nature and/or consequences of the contract when it is formed the contract can be voided. An individual that lacks the legal capacity can be declared incompetent in a court and can be appointed a legal guardian. If someone is to enter into a contract with someone who is not mentally capable the contract will be voided and there will not be any legal effects because neither party may be legally compelled to comply with the terms. Lastly, no one entering in to a contract can be intoxicated. All parties must be sober at the time of entering a contract in order for the contract to be deemed enforceable. When someone is under the influence they are not capable of knowing what they are doing and why. They might also not comprehend the terms of the contract which makes it unenforceable. A contact can appear to be legally binding because it may contain all the elements of a contract, but there are defenses to a contract that can also make a contract unenforceable and voidable. There are two types of defense to a contract, which are lack of genuine assent and lack of proper form. Genuine assent or â€Å"meeting on the minds† is a criteria utilized to determine validity of acceptance of an offer for a contract. This occurs when the acceptance of a contract is secured through improper or illegal means such as fraud, mistake, duress and undue influence. The first type of genuine assent that will be discussed is fraud. Fraud is the premeditated falsification of an essential matter of the contract. When there is an existence of fraud in a contractual proceeding it makes the contract unenforceable and can be voided by the party upon whom the deception was perpetrated. According to our text, there are two types of fraud, which are fraud in the execution and fraud in the inducement. Fraud in the execution merely occurs when one of the individuals who entered in to the contract isn’t aware that they are entering in to one. The second fraud is when both parties are aware they are entering into the contract, but one of the  parties is deceived when entering into it. The following type that can make a contract unenforceable and invalid is a mistake. A mistake is also known as a mutual mistake. When there is a mistake this means that both parties made a mistake to something that is vital to the contract. Just because one party can make a mistake doesn’t necessarily mean that the contract is voidable. In order for it to be considered as unenforceable it must have a significant effect on the exchange or bargaining development. The following factor is duress. Duress is when one party forces the other party to sign a contract. The force can be either physical or emotional pressure. When there is use of duress the contract is voidable by the party that was under duress during signing. Duress can be defined by three categories, which are actual or threatened violence to an individual, threats to an individual’s property and/or economic duress. Economic duress is the more difficult to prove because you have to establish the boundaries of acceptance behavior of this kind of pressure. Duress is sometimes compared to undue influence, but there are different. As mentioned above, duress deals with someone being pressured into signing the contract, whereas undue influence is when a party is manipulated in to signing the contract. If one party has put inequitable and inappropriate pressure on the other in the discussions leading to the signing of the contract, common law will allow duress and undue influence to allow for the terms of the contract to be set aside. Common laws are laws â€Å"made by the decisions of judges in individual cases. â€Å" (Rogers, 2012). Undue influence is easy to recognize because it can involve the parties having a fiduciary relationship or one of the members involved depends on another due to their age, illness, infirmity, etc. A fiduciary relationship is a relationship where one individual has a responsibility to act for the others benefit. When undue influence occurs the individual who is suppose to be helping the other person out is taking advantage of that person. Lastly, the second type of defense to a contract as listed above is lacks proper form. This is generally when it lacks writing. There are certain types of contracts that are required to be in writing, but at times we aren’t aware. If these types of contracts are not in writing then they  cannot be enforced. It is important to learn about contract laws. They are the foundation of our society. Since we enter into contracts on a daily bases we should be aware of these laws. Contracts can be complicated and having knowledge of the different types and what makes them enforceable or voided can really be helpful. If there were no laws on contract then the agreements we make could become impractical and unworkable. References Lewinsohn, J. L. (1914). Contract Distinguished From Quasi Contract. California Law Review, 2(3), 171. Rogers, S. (2012). Essentials of Business Law. San Diego, CA: Bridgepoint Education, Inc. Smith, C. A. (2012). Contracts. http://www.west.net/~smith/contracts.htm Information regarding elements of a contract and remedies for breach. Undefined. (n.d.). Bilateral Contract. In BusinessDictionary.com. Retrieved May 2, 2014, from http://www.businessdictionary.com/definition/bilateral-contract.html. Undefined. (n.d.). Know the types of Formal Contract. In Laws.com. Retrieved May 2, 2014, from http://contract-law.laws.com/types-of-contracts/types-of-formal-contract.

where did all the yams go? :: essays research papers fc

What About All Those Yams? After all those stories and discussions about yams, I was curious to see what exactly Nigerians eat. As an agricultural society, most of their food comes from farming. They do have meat, but yams are the main food component of their diet. Most Nigerians eat a light breakfast and have their main meal in the late afternoon (Chroness). For meats, Nigerians have goat, cow, chicken, turkey, geese, guinea fowls, pigeon, fish, shrimp, crab, and other seafood. For fruits and vegetables, they have oranges, bananas, pineapples, tangerines, carrots, watermelons, guava, melons, limes, grape fruits, mangos, apple (tinier than American apples and pink and white in color), peppers, tomatoes, onions, peas, and many other things (Chroness). Yams, cocoyams and sweet potatoes are popular in Nigeria. Ah, those yams, also called isu. The image we, as Americans, conjure up when we think of yams is not the same as Nigerian yams. These yams can grown up to 7 feet long and weigh approximately 150 pounds. They have three (3) types of yams: white, yellow, and à ¢Ã¢â€š ¬Ã‹Å"water yamsà ¢Ã¢â€š ¬Ã¢â€ž ¢ (Gourmet). There are numerous ways to prepare and serve this abundant Nigerian food staple. However, they must be cooked, otherwise they are very toxic. Plain boiled yams, either white or yellow, are peeled, sliced up, usually into pieces about 3 centimeters, and boiled in water with salt. It is accompanied with vegetable oil, palm, oil, eggs, beans, and sometimes soup (Gourmet). Another popular meal is a variation of the above using boiled yams requires pounding the yams and forming small smooth balls with the them, it is eaten with vegetables, meat or fish soup. Nigerians also fry their yams. White or yellow yams are cut up into long thin squares and fried in vegetable oil or palm oil (Lipman). This is usually eaten by itself or occasionally as a side dish. Another dish is ojojo. This dish consists of cut up water yams that are fried in vegetable oil or palm oil. This dish is also usually eaten on its own(Recipes). Asaro is white or yellow yams peeled, sliced, and diced into small cubes, then cooked with ground tomatoes, peppers, sometimes meat, other spices, and comes out reddish in color (Recipes). Ikokore is similar to asaro, but it is made with different yams. Yes, there are different forms of yams! The water yam is softer in texture and, when cooked, it usually comes out a brownish color.

Of Mice and Men the Relationships Essay

How does Steinbeck present the relationship between George and Lennie in this chapter? The author John Steinbeck presents the relationship between the two characters, George and Lennie in different ways as they are both different characters and have different personalities. He presents it like a parent and child relationship, with George being the parent and Lennie the child. As soon as the reader is introduced to George and Lennie Steinbeck tells us that, â€Å"They had walked in single file down the path†. This immediately notifies the reader of the kind of relationship between George and Lennie, it does this by stating â€Å"single file†. This reminds us of a game called follow the leader. It also tells us that the person at the front (George) is responsible and the leader. We can also see this idea on page five. When George says, â€Å"I ain’t sure it’s good water†. This again portrays the idea of George being the responsible, as he has to tell Lennie this and Lennie can’t tell himself. It also shows us that George is concerned over Lennie’s health. This implies that George has feelings for Lennie. We again see the idea of Lennie being like a child when on page sixteen he wants a story told to him again. This tells us Lennie is child like because this situation is like a parent reading a child a bedtime story. After drinking from the pool, when they are sat on the hill Lennie imitates George’s actions â€Å"he pulled his hat down a little more over his eyes the way George’s hat was.† Our immediate interpretation is that Lennie looks up to George as a role model, the quote â€Å"way George’s hat was† suggests he acts just like him and mimics him how a son would to a father. We also notice that Lennie tries to be clever towards George to show that he is smart even though he is not, â€Å"he said cleverly†. We can see throughout chapter one that George several times feels sorry for Lennie. the phrase â€Å"poor bastard† not only tells that there is a sense of sympathy from George in the relationship, but it also sort of makes the reader feel sorry for Lennie, Steinbeck also implies this through stating that George â€Å"looked ashamedly at the fire†. I could also notice when I was reading through the first chapter that George has a sense of authority over Lennie, â€Å"you gonna get that wood†. This is like a parent telling a child to do his chores. On some occasions though George shows a bit of hatred towards Lennie, he thinks of what he could have if Lennie wasn’t around and contrasts that with George. There is also a sense of lack of trust in the relationship  between the two men. We see this through the predicament with the work cards. It tells us that George again has to take care of Lennie, and that Lennie isn’t trusted by George. Again this idea is portrayed to the reader on page seventeen, we notice that George knows that he needs a plan b as Lennie cannot be trusted so his plan b is to tell Lennie to â€Å"hide in the brush until I come for you†. This helps us to understand the relationship even further. George also treats Lennie like a dog in one occasion in the chapter, â€Å"good boy†. This is something a master would say to a dog to encourage them, it also tells us the sort of role in the relationship George has again. In conclusion, we see that Steinbeck uses various techniques to portray the relationship between George and Lennie. But the main method is the idea of George being like a parent to Lennie.

Noetic Structure Essay

View and take notes on the presentation, â€Å"An Overview of Issues in Contemporary Justification, Part 1.† What are 3 characteristics of a person’s noetic structure? The sum total of everything that person believes It recognizes the differing degress of certainty, firmness, and conviction with which people hold their beliefs. Characterized by how beliefs are related together. Explain coherentism and the 3 problems with it. Coherentism: All beliefs fall into one category. No beliefs are more foundational than the others. Problems: Circularity: How do I justify my belief in P? It coheres with Q. Isolation Problem: Coherentism isolates my beliefs from the external world. Plurality: It is possible to have 2 coherent systems that are logically incompatible. Read chapter 4 of Epistemology: Becoming Intellectually Virtuous, â€Å"Foundationalism.† As you do, consider the following questions and points: What is the root idea of foundationalism? Each of us holds a set of beliefs basically or immediately while we hold other beliefs non basically or mediately. Why would one adopt a foundationalist approach to justification? Because they are epistemic engies of our noetic structures, imparting to all of our non-basic beliefs, while not themselves requiring justification from any other beliefs – this support goes just one way. What is the regress argument? Taking for granted the general reliability of your conscious faculties, and indeed must take them for granted. What are the 3 basic components of foundationalism? Basic or immediate beliefs- Form the bedrock of what all we believe  undergirding everything else we are justified in believing. Mediate or non-basic beliefs- Everything else we believe Basing Relation- Specifies how the epistemic merit of our basic beliefs is to be transferred to out non-basic beliefs. What are the characteristics of strong foundationalism? Specifically explain: The 3 conditions for a basic belief. Must be self-evidently true: those we see to be true immediately, without the benefit of deliberation or argument, merely when we understand the term of the claim in question. Must be Incorrigible: The belief in question is one that is impossible to believe and be mistaken about. Evident to the Senses The means by which basic beliefs support non-basic beliefs. Entailment is the only logical relation that preserves certainty. If one starts with self-evidently true starting points and accepts only what can be validly derived from the same, one thereby insures that one’s entire set of beliefs is untainted and error free. Four â€Å"additional† features of foundationalism. One cannot claim to have knowledge simply by asserting that one knows One must be inwardly cognizant that one’s claims to knowledge is genuine. One must be prepared to show that this is the case. What are the main problems with foundationalism? Note: This section can be challenging; try to understand the main points raised; don’t be concerned about all the details except as a way to understand the following main points: Problems: One’s beliefs in the reliability of one’s senses or memory or consciousness; none of these beliefs is either self evident or incorrigible or evident to the senses, yet they are held as properly basic by virtually everyone. Any acceptance of supposedly pure and certain basic beliefs makes use of various background assumptions or information that compromises their certainty and undermines their basicality. Why only these conditions for a basic belief? Claims that foundationalism solves the regress argument fail (the arbitrariness of stopping points). Other means of supporting beliefs than just deduction/induction (best explanation, retroduction, concurrence, etc.). The security vs. content problem. The strict demands for four unimpeachable certainty leave one with so small a set of basic beliefs that they can’t possibly bear the heavy weight of all we believe. Other problems (excessive individualism, access requirements, noetic effects of sin). Pg 95 What are the similarities and differences between strong and modest foundationalism? Specifically: What is primae facie certainty? One’s foundational beliefs are not necessarily immune to any conceivable doubt – they can be overridden – but they are perfectly acceptable unless one has a good reason for thinking they have been undermined. Four of Reid’s contingent truths. The thoughts of which I am conscience are thoughts of a being I call myself. Those things really happened which I distinctly remember. Those things really do exist which we distinctly perceive by our senses, and are what we perceive them to be. What is to be will probably be like what has been in similar circumstances. Reid’s reliabilism of first principles. For our evidence concerning reliability would have to include deliverances of the faculties whose reliability we are accumulating evidence for. On behalf of his foundational principles, they can be correctly identified by their accompanying marks or signs. If someone persists in requesting additional assurances over and above the usual marks accompanying properly based beliefs, then the person holding such beliefs can only respond with genuine bewilderment. Two weaknesses with modest foundationalism. Reid may have underestimated the capacity for thinkers of sound mind and sincere will to disagree about alleged, philosophical first principles. The belief in God can be held in a basic belief. Alvin Plantinga’s belief in God as properly basic. The belief can be justifiably held in the manner of a first principle, that  is w/out the benefit of argumentative support. Terms Make sure you can explain the following terms and concepts: Indefeasible- Not able to be lost, annulled, or overturned. Retroduction- A king of reasoning from the best explanation. It is reducible neither to induction or deduction. Concurrence- Observations that cumulate in his belief.  Necessary First Principles- They are self-evidently justified, being believed merely upon being understood. Must have these. Contingent First Principles- Not self-evidently justified. Dependent upon something. Doxastic Assumption- A theory that a belief is justified if it coheres with other beliefs