Case Study 4 - 751 Words

Andy Sparks BUSI 600 1. What would you recommend to the board of NCRCC with respect to adding or changing programming activities like social activities for adults, families with children, and children? Based on the initial investigation, and after the discarding of error sources, I would recommend to the board to incorporate more social activities for the adults (Cooper Schindler, 2014, p. 256). This is due to the seasoned members’ complaints on the lack thereof. After a poll was taken and the external validity was verified through scientific measurement, social activities seemed to be one of the biggest concerns for the tenured members. An index was created to further measure customer satisfaction of the younger group in regards to†¦show more content†¦Of the 41% of the tenured customers that stated they belonged to a swimming and tennis club, 80% of them agreed that a cultural change would suffice. Finally, since the formal dining room generated the highest dissatisfaction scores, I would especially spend some time in this area. I would recommend that the dining room was re-designed to a modern theme, after there would be a unanimous decision from theShow MoreRel atedCase Study 4 Essay1350 Words   |  6 Pagesï » ¿Module 08 Case Study: CNS Movement Disorders Part I—Harry Questions 1. What condition or conditions (disease/diseases) could Harry have as described in this case? Which one would be your primary diagnosis? In a very general explanation, describe this condition/disease. (1 point) Harry suffers from Amyotrophic Lateral Sclerosis, also known as Lou Gehrig’s disease.   This disease affects a person’s motor neurons affecting voluntary motor control by damaging both the upper motor neuron and lowerRead MoreCases Study 4 C846 Words   |  4 Pages1. Identify, illustrate and describe the type of structure that best describe the organization, CG Chocolates. According to the cases study CG Chocolates structure is Tall hierarchical structure. g In CG Chocolates company chairmen is Charlie. He is very tuff he follow by autocratic management styel.Chalei believed that people are motivated by a reword and Punishment system. He also believes in a clear chain of command. He followed through on his approach by giving monetary bones ever quarterRead MoreCase Study week 4909 Words   |  4 Pagesï » ¿Case Study: Southwestern University: F The recent success of Southwestern University’s football program is causing SWU’s president, Joel Wisner, more problems than he faced during the team’s losing era in the early 1990s. For one thing, increasing game-day attendance is squeezing the town of Stephenville, Texas and the campus. Complaints are arising over parking, seating, concession prices, and even a shortage of programs at some games. Dr. Wisner, once again, turns to his stadium manager, HankRead MoreEssay on Case Study 41940 Words   |  8 PagesKHF CORPORATION SEEDS OF DISTRESS Jim Layton, controller for Kitty (Hawk Food), Inc. (KHF) was under considerable stress as he walked toward the chief executives office. Marshall Horne, the CEO, was not known to take bad news well. In his hands, Jim held two letters from food suppliers that threatened to cancel KHFs trade credit accounts. KHF had developed difficulties in cash flow such that their payments on the accounts had been late, at best. 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TeamRead MoreBmw 4 Series Case Study730 Words   |  3 PagesDriving Machine delivers high-end performance with their 4 Series at BMW of Oyster Bay. There’s something for everyone in this popular Series that ranges from Coupe to Convertible to Hatchback. The sleek, sporty design with tight steering makes for a magical ride. All Wheel Drive and Turbo are options that enhance the joy. With a MSRP price range from $43,300 to $51,450, the 4 Series blends sporty with comfort while sparing the gas. The 4 Series may have evolved out of BMW’s 3 Series, but over the

Matisse s Bonheur De Vivre ( Joy Of Life ) And Picasso s...

The purpose of this paper is to discuss Matisse’s Bonheur de Vivre (Joy of Life) and Picasso’s Les Demoiselles d’Avignon. This paper will also discuss how both works of art can be simultaneously seen as (1) inspired by, and (2) breaking free of Paul Cà ©zanne’s work The Large Bathers. This discussion will also make note of specific visual references. Matisse (Courtesy of https://upload.wikimedia.org/wikipedia/en/b/b9/Bonheur_Matisse.jpg). Bonheur de Vivre (1905-1906) is considered to be a work created during the Fauvism period of art. Fauvism separated the use of color, from its purpose of representing objects in the real world, and was inspired by works from Vincent van Gogh, Paul Gauguin, Georges Seurat, and Paul Cà ©zanne.†¦show more content†¦2). Paul Cà ©zanne s work at the Salon d Automne in 1907 deeply influenced Picasso and Georges Braque, as Cezanne had used geometric planes and shapes to represent the natural world in a ground breaking way. In a way, Cezanne’s work became a form of posthumous challenge to both Picasso and Braque. Les Demoiselles d Avignon is an important piece of work to the Cubist movement, but it was more like a prototype. Picasso had abandoned the idea of using three dimensions, and instead flattened his subjects onto a two-dimensional plane. The women themselves at times are distorte d and rely on particular geometric shapes to depict them. Some of the faces seem abstract and more like masks rather than true human faces. The poses of the women are aggressive as prostitutes working professionally and considering the state of sexuality and morality in art at this time, was highly shocking and novel to the audience. Cà ©zanne (Courtesy of https://ka-perseus-images.s3.amazonaws.com/2e2378e2f6d9a91010de8ab0345b54f08c5a24ea.jpg). The Large Bathers (1906) is considered to be a work of Paul Cà ©zanne painted during the post-Impressionism period of art. The work has a haze of blue and green colors, and Cezanne had spent a great deal of time studying nude shapes and the use of space. The Large Bathers is considered to be a well-litShow MoreRelatedPablo Picassos Cubism And Henri Matisse Fauvism1845 Words   |  8 Pagescompletely disordered by revolutionary ideas and styles. This art influenced a vast majority of modern day art. Pablo Picasso’s cubism and Henri Matisse fauvism helped shape this era not only in style of painting, but a revolution against conformity of a social artistic structure. Cubism was a style of painting imagined, created, and performed by Pablo Picasso. Cubism represents an art movement in which geometric shapes are manipulated to conjoint an object. For example, Two different size boxes and

Legal Business Agreement Orthodox Community-Myassignmenthelp.Com

Question: Describe about the Legal Business Agreement for Orthodox Community. Answer: 1.Issue The critical issue in this case is to comment on the presence of the intention from the party to enter into legal relationship and determine that whether Richard has enforceable contract with his father or not. Rule There are certain essential elements of the valid enforceable contracts. There needs to be a valid agreement between the two parties along with the presence of the legal consideration for both the parties involved for the enactment of a contract. Another significant requirement that has to be fulfilled for enactment of an enforceable contract is that the concerned parties entering the contract must have an intention to create legal relations (Carter, 2012). It is noteworthy that all agreement by default are not enforceable contracts in a court of law as some of these are justifiable on moral grounds rather than legal principles. An example of this is in the form of an agreement between brother and sister whereby the brother would give the sister a watch as a present on the upcoming Christmas if she scores well in her exams. In the case that the sister does score well and the brother is not able to gift a watch at Christmas, it does not imply that the sister would sue the brother in court of law for breach of contract (Gibson Fraser, 2014). Such agreements between friends or family members are referred to as domestic or social agreements. These agreements are segregated from the commercial agreement since it in the latter, the intention to create legal relations can be assumed to be present by default (Davenport Parker, 2014). As per the Belfour v Belfour (1919) 2 KB 571, it was ruled the for social and domestic agreements, it is imperative for the parties to clearly prove that intention to be bound legally was indeed present in the contract for it to be held enforceable. However, in such cases the court with approach the case with the presumption that such an intention is not there and looks at evidence which seeks to establish the contrary (Flitzpatrick et. al., 2014). A application of the above presumption was witnessed in the Jones v Padavatton (1969) 1 WLR 328case. In this case, there was a promise from Mrs. Jones to her daughter (Mrs Padavatton) that if she agrees to study law in London, then a monthly compensation of $ 200 would be provided to the daughter. The daughter agreed to the proposal although initially she was reluctant. The two parties had dispute as soon as the daughter went to UK to study law as there was confusion in context of the currency of payment and daughter getting lesser than expected compensation. With the intention of improving the condition, the mother bought a house and allowed the daughter to keep tenants and thereby improve her financial situation. But, shortly afterwards the daughter left her studies unfinished as she entered into a marriage. The mother demanded possession of house citing the breach of contract by the daughter as she could not finish her law course. However, the court went with the presumption that no legal intentions exist and therefore held the contract as unenforceable (Pendleton Vickery, 2005). However, in the Ermogenous v Greek Orthodox Community of SA Inc (2002) 209 CLR 95 case, it was held that it would be incorrect to rely on the presumption of non-existence of legal intent in domestic and social agreements and thus the factual elements and circumstantial evidence must be considered to determine the presence of any commercial relation between the parties (Flitzpatrick et. al., 2014). Application Facts In this present case, Richard enters into an agreement with his father to conduct mowing in the front and back yards on the property acquired by the family. The house is situated on an one hectare property and the area of the yard is also very large, which required half day in a single week to mow the yards. The contractual amount was set as $200 for a week. His father agreed to pay this amount to Richard. Earlier, he had hired a gardener for this work and paid him $350. After four consecutive weeks his father denies to pay this contractual amount and asks Richard that he should continue to mow without compensation amount since, it is every family members duty to maintain the family property. He also states that there would not be any charge of boarding or lodging for Richard, if he carries the mow free of cost. As per the highlights of the Jones v Padavatton (1969) 1 WLR 328 case, if the presumption of non-existence of legal intention in domestic agreements in upheld, then there is not enforceable contract between Richard and his father. However, in wake of Ermogenous v Greek Orthodox Community of SA Inc (2002), it is imperative to consider the circumstantial facts from which it is apparent that indeed the parties have an enforceable contract. This is because the father was earlier paying the gardener for this and it is a sizable work requiring considerable time and effort for which Richard ought to be compensated at the agreed rate. Further, since father is a millionaire, there are no affordability issues and the father is merely acting in bad faith. Conclusion From the above argument and removal of the presumption clause, it may be fair to conclude that an enforceable contract does exist between Richard and his father and thereby the father is obliged to make the agreed weekly payments to Richard failing which he can approach court of law. 2. Issue The central concern in the given case is to offer Frere Bros some potential remedies for relief in regard to breach of contract by Joe. Rule As per contract law, breach of contract is a specific situation in which a particular contractual party does not fulfil the obligations arising from the contract. The exact nature and intensity of contract breach tends to be determined at the level of individual case (Gibson Fraser, 2014). In relation to breach of contract, the innocent party (i.e. one who complies with the contract) has been offered some remedies that promote equity and justice in such cases as is apparent from below. Damages Damages are commonly defined as the loss (usually expressed in monetary terms) that has been caused to the innocent party as a result of the contract breach. In accordance to the verdict in the Addis v Gramophone (1909) case, it is apparent that the concept of paying damages in the form of compensation to the aggrieved party is very well accepted and put to use in the common law. These are provided with the following dual intentions (Flitzpatrick et. al., 2014). Ensure that the interests of the aggrieved party are safeguard since it complied with the contractual obligations. By providing that the burden of these damages is borne by the defaulting party, it ensures that such incidents remain under control. The twin intentions stated above assume significance value when consideration is given to the underlying importance of relationships of contractual nature in the field of trade and commerce. It is noteworthy that while awarding damages, the court does not consider the underlying capacity to pay of the defaulter and instead the quantum of damages awarded to the aggrieved party is driven by the underlying magnitude of loss suffered (Carter, 2012). Specific Performance Yet another remedy for the aggrieved party to avail is the specific performance. In accordance with the arguments and subsequent decision of the Nutbrown v Thornton (1805) case, in specific performance, there are orders from the court that require defaulter to perform the certain contractual activities which it had to perform but did not so as the contract was breached (Paterson, J, Robertson, A Duke, 2015). Thus, as per this order to court directs the defaulter to engage in fulfilment of specific contractual actions or activities. This has proved to be an effective remedy in the for upholding the interests of the aggrieved party as adequate monetary compensation may not be sufficient or possible for any given case (Taylor Taylor, 2015). It is noteworthy that this remedy is used by court only in those cases when providing damages would not be sufficient to safeguard the interest of the aggrieved party. However, in the event of presence of ambiguous terms in the contract, the granti ng of specific performance may be denied by the court on the premise that it is not possible to objectively ascertain the underlying contractual obligations (Pathinayake, 2014). Injunction Injunction is yet another remedy available to the aggrieved party under the breach of contract. This is a court order as per which the defaulter is restrained from indulging in a specified activity that he/she may be indulging at the present (and might be causing breach) and also refrains defaulter from indulging in the same till the contract expires (Pendleton Vickery,2005). A relevant case to be discussed in this regard is Lumley v Wagner (1852) case. As per this case, Mile Wagner has enacted a contract with Benjamin Lumley as per which she would perform only at a particular theatre for a period of three months after the contract execution. However, she was approached by the theatre owner who gave her a large amount of money to sing for her and she agreed to sing for the theatre owner even before the three months were over. Lumley decided approached the court for relief and the court responded by providing an injunction which forbade her from performing for others in the present a nd also till the time the contract was successfully discharged ((Flitzpatrick et. al., 2014). Application It is apparent from the given case that Joe and Frere Bros have a legal and enforceable contract in play whereby Joe (a famous actor) could exclusively work for Frere Bros and not any other company for duration of five years. However it is given that Joe entered into a contract for doing a film with another company during the contract period and therefore breached the contract. The remedies at the disposal of Frere Bros in this case have already been highlighted. The key concern for Frere Bros in the given situation is that Joe is doing a film for another company and hence the aggrieved party(Frere Bros) needs a remedy so that the defaulting party (Joe) could be effectively restrained from acting in others film till the contract ends. Hence, as discussed in a similar case Lumley v Wagner (1852), the apt remedy for the given case is injunction which would restrain Joe for signing films with others in the present and future both. Conclusion On the basis of the above discussion, it would be prudent to conclude that in the given situation the most apt remedy for Frere Bros in order to safeguard its valid business interests is to sought an injunction order from court restraining Joe from acting in films offered by other companies for the contract duration. References Books Carter, J 2012, Contract Act in Australia, 3rd eds., LexisNexis Publications, Sydney Davenport, S Parker, D 2014, Business and Law in Australia, 2nd eds., LexisNexis Publications, Sydney Fitzpatrick, JF, Symes, CF, Veljanovski, A Parker, D 2014 , Business and Corporation Law, 2nd eds., LexisNexis Publications, Sydney Gibson, A Fraser, D 2014. Business Law, 8th eds., Pearson Publications, Sydney Paterson, J, Robertson, A Duke, A 2015, Principles of Contract Law, 5th eds., Thomson Reuters, Sydney Pathinayake, A 2014, Commercial and Corporations Law, 2nd eds., Thomson-Reuters, Sydney Pendleton, W Vickery, N 2005. Australian business law: principles and applications, 5th eds., Pearson Publications, Sydney Taylor, R Taylor, D 2015, Contract Law, 5th eds., Oxford University Press, London Case Law Addis v Gramophone[1909] AC 488 Balfour v Balfour [1919] 2 KB 571 Ermogenous v Greek Orthodox Community of SA Inc (2002) 209 CLR 95 Jones v Padavatton [1969] 1 WLR 328 Lumley v Wagner (1852) 42 ER 687 Nutbrown v Thornton (1805) 10 Ves 159