Explain if each of the following contracts must be in writing to be enforceable.

Create a word document and type your answers underneath the question using proper legal vocabularly.

 

 

  1. Luke asks an acquaintance Steve if he’ll come help him work on his boat this Saturday. Steve is very busy, but says it will take $200 for him to pass up on some other jobs. Luke agrees to the terms. Do Luke and Steve have a contract? If so, what kind (s)? If not, what do we have here? (7)

 

  1. Suppose that his way and Like calls and tells him that he was able to complete the repairs by himself and there is no need for him to come now. What is Luke’s action called in the contract terminology? Can he legally do this at this point? Explain. (7)

 

  1. I’m furious at a local oil change place for the long wait time. I vent on Twitter and state that I will give $2000 to anyone that will spray paint “Horrible Service” on the front of their building. A guy with nothing to lose does and it and asks for the money. Will I have to pay? Explain. (6)

 

  1. If two people disagree about a contract being formed between them (one believes yes, the other no), what standard/view would a court use to look at the facts and determine if the required elements of a contract in fact existed? Explain (5)

 

  1. I offer to sell my bicycle for $450 on Craigslist. A couple of weeks later a guy sees me and shows me the $450 and wants the bicycle. Do I have to give them to him since he met my posted asking price (assuming they had not sold yet)? Explain. (6)

 

  1. Let’s say that I want to proceed with the sale and the night before I am to give the bike to him, I die in a freak car crash. What happens now with the bicycle sale? (5)

 

  1. My wife and I are renovating an old house to flip it for a profit. When we purchase, we get a bid to renovate for $25,000. During the removal of the old tub and tile, it is discovered that there is substantial water damage and mold, which will cost an additional $10,000 to repair. Will the builder be able to hold us liable for the additional costs? Explain. (5)

 

  1. My wife is starting to get concerned about my weight. She promises that if I lose 20 pounds in the next six months that she will give me $10,000 from a separate trust account she had prior to our marriage (not community property) to do whatever I want with. I lose the weight and she tells me that she’s not giving me the money, as it was something I should have done anyways. Assuming that I’m mad and become vindictive, can I hold her to the agreement in contract? Explain. (5)

 

  1. The town of Mystery, Alaska, is told that the New York Rangers are coming to play their local pond hockey team in an exhibition game to be televised nationally. As such, they expend a substantial amount of money fixing up the town and most notably building a “hockey rink” around the pond they presently play on. The New York Rangers get scared and try to back out. If they don’t come, what legal principle might allow Mystery to recover their costs? Explain. Assume no contract was actually signed and the complete details were ever explicitly stated, but a Rangers representative did confirm to the town that they were coming. (7)

 

 

  1. My son, age 16, is hungry one day after school and goes with a friend to the local Walmart for some food. While they are there, he buys some stuff for dinner at a cost of $15 and a new video game that costs $45 with money I had given for him to save for his first car. I’m furious and tell him to get all of the money back as he was just a stupid kid. What will he likely be able to recover from Walmart? Explain. (6)

 

  1. I place a bet with Jimmy the Greek on the Cowboys game for $2,000. I win, but Jimmy refuses to pay. Should I take him to court to get the money? Explain. (6)

 

  1. I’m shopping at Academy one day and see a high dollar fishing rod on sale that I like. In scanning the rod at their in store price checker to make sure it is on sale, it actually rings up at one cent (.01 – and yes, this did happen). I then proceed to buy 5. Let’s say a few hours later, Academy realizes the mistake. Can they rescind the transaction assuming they can find me? Explain. (6)

 

  1. I’m buying a house, but for health reasons (mold) I am really concerned given that it might have been flooded ten years back. The seller assures me that it wasn’t. In actuality, the seller didn’t own the house at the time, had purchased it in a quick cash deal, and didn’t know anything about the history. Was this fraudulent representation? Explain. What are my options at this point? (7)

 

  1. On a trip to a conference, my car breaks down in small town. I tell the mechanic that I have to be on the road that evening. The mechanic says he can get it done, but it will be $3,000 for a repair that normally costs about $500. I have no choice, but to proceed. After the fact, can I claim duress based on the facts presented and recoup some of the money from the opportunistic mechanic? Explain. (6)

 

  1. Briefly explain if each of the following contracts must be in writing to be enforceable (9):
  2. A fishing charter contract to six months from the date of agreement.
  3. A contract for the sale of a $1000 car.
  4. A guaranty by my parents for a product that I am purchasing.

 

  1. Jerry Seinfeld is scheduled to do a comedy show in New York. At the last minute, he decides that he would prefer to go to the Knicks game. Instead he sends one of the writers off his show that has performed at some small comedy clubs to perform in his place. What is his action called and can he do it? Explain. (7)

Which approaches to suicide prevention outlined in the National Strategy would be most effective for addressing that population and why?

Referring specifically to the National Strategy for Suicide Prevention, pick a subpopulation (individuals with major depressive disorder, substance use disorders, traumatic brain injury, etc.). Which approaches to suicide prevention outlined in the National Strategy would be most effective for addressing that population and why? Are there any approaches that you feel would not be helpful?

Analyze Wine.com using the value chain and competitive forces models.

Wine.com’s Virtual Storefront

Peter Granoff spent the better part of two decades serving various functions in the wine industry, working as a teacher, taster, consultant, and sommelier in San Francisco’s restaurants and clubs. He is the thirteenth American to be admitted to the British Court of Master Sommeliers. He watched sadly as the wine industry followed the lead of other retail-oriented businesses by creating superstores appealing to the consumers’ calls for lower prices. Such stores kept an abundance of wines in stock, but they purchased fewer varieties, using their clout to squeeze lower prices from wine producers. Also, by simplifying their stock, they could substitute regular sales clerks for wine experts who received higher wages. These savings were passed on to the customers, most of whom were willing to sacrifice knowledgeable service for convenient shopping and savings. The retail outlets relied on the large producers with advertising budgets to educate consumers.

As a result, smaller wineries had no one to sell their product to because they could not provide the output or the discounts that superstores demanded. Small wine producers were responsible for many of the industry’s best wines, but they couldn’t survive under the new order. Hundreds of small wineries producing fewer than 5000 cases of wine per year were abandoned by their distributors.

Granoff knew that a market still existed for specialty labels and quality wines. The question was how to tap it, because it was geographically diffuse and too fragmented to be addressed by superstores. He found his answer by teaming up with his brother-in-law, Robert Olson, who had headed a Silicon Graphics marketing team selling software for interactive television. Olson wanted to apply what he knew to on-line retailing, and the World Wide Web seemed like the perfect medium.

Olson and Granoff believed that there were three advantages to using the Web for on-line retailing: (1) Computers are perfectly suited for the task of searching for key words and comparing numbers; (2) on-line retail reduces marketing costs because it is available to potential customers 24 hours a day, 365 days a year (at very low cost compared to the price of placing four half-page ads per year in The New York Times; (3) a Web site can sell directly to customers, eliminating middlemen and distribution costs.

Olson and Granoff pooled their expertise to found Virtual Vineyards, which is now known as Wine.com [http://www.wine.com], an on-line store that would serve as an agent for both the vineyard and the consumer. Its proprietor would taste and evaluate everything in stock. Earnings would be based on commissions on sales. In essence, Olson and Granoff would be selling wines traditionally using the most leading-edge technology.

Virtual Vineyards opened its virtual storefront in late January 1995. Since then, business has been increasing by approximately 20 percent per month, and sales have topped $1 million. Wine.com is not the only Web site selling wine. What it offers, in addition to convenience and low prices, is information, the expertise supplied by Peter Granoff, an authority in his field.

Other Web sites retailing goods typically feature links to reviews by other experts, mailing lists and on-line discussion groups, newsletters, journals, and so forth. Wine.com has none of these—only a clean line running to Granoff. Wine.com does not even have links to the wine producers’ sites where customers can wander to read product presentations from different vendors. The information comes only from one source.

Granoff provides the winery descriptions, which demonstrate his knowledge of the industry and the operations of specific producers. For example, “The tiny Ahlgren Vineyard in the Santa Cruz Mountains…has earned a reputation for producing wines that balance concentrated varietal character with finesse and complexity. Total production is approximately 2000 cases, and vineyards in the Livermore Valley, the Santa Clara Valley, and the Santa Cruz Mountains are sources for the small lots of handmade wines…Dexter Ahlgren’s philosophy is to interfere as little as possible during the entire winemaking process. The results speak volumes about the wisdom of a minimalist approach.” In the Wine.com advice column, Granoff answers questions on topics ranging from investment to wineglass selection and wine storage methods. Wine.com wants to educate its visitors as well as sell them products. Visitors learn as they shop. For example, the Portfolio option describing wines on sale describes each label with a few sentences but also provides information about the class of wine. The Portfolio Option includes Peter’s Tasting Chart for each label, with seven parallel horizontal lines, each representing a dimension of wine taste (intensity, sweetness or dryness, body, acidity, tannin, oak, and complexity). Each line represents a range. A red diamond, placed anywhere from far left to far right, indicates where the label under discussion falls within that range for that particular dimension. The chart conveys a great deal of information at a glance.

Wine.com’s Web pages are clean and load quickly. The menus are uncluttered with links, the graphics compact. The look and feel of the site and the performance of its software reinforce its message of a strong voice tied to a specific person. Wine.com stocks about 250 labels from 50 wineries. The company is now using Java to make the Web site even more interactive and helpful. It is also using other new Web technology that analyzes each visit to Web site, helping the company understand who purchases and why.

Wine.com’s information-based approach to sales and marketing presents some difficulties. Once past a certain level of detail, the expert’s command of his product starts to weaken, and the software becomes too elaborate to use easily. The information-based model raises prices. The expert must be paid, adding to the retailer’s mark-up. Customers theoretically could use the site to find out information and then purchase what they like somewhere else—at a lower price.

Wine.com hopes to surmount these difficulties by personalizing its service. For instance, Olson can learn about customer preferences from their order histories and then use that information to suggest new wines to try. Wine.com customers can order wine with personalized labels and messages for special occasions such as birthdays or anniversaries.

Case Study Questions

  1. Analyze Wine.com using the value chain and competitive forces models.
  2. Why is Wine.com successful? What role does the Web play in its business model? How does Wine.com provide value?
  3. What management, organization, and technology issues were addressed in building Wine.com’s Web site?
  4. Can Wine.com serve as a model for other retailers on the Web? Why or why not?
  5. One observer has noted that Wine.com “makes electronic commerce look all too easy.” Explain.

“The most lively thought is inferior to the dullest sensation.” Explain what Hume meant by this statement.

“The most lively thought is inferior to the dullest sensation.”

Explain what Hume meant by this statement. How does it reflect his views on reason, understanding,

perception, sensations and ideas? (Use the reading and give specific citations from Sections I and II.)

The reading may be found as follows:

www.eserver.org/18th/hume-enquiry.html

one and half page

Investigate, analyze and write a report on the legal issues presented by the a legal situation with which the student is familiar, focusing on those areas of law presented in this course, such as: employment law, corporate law, estate planning and property law.

Investigate, analyze and write a report on the legal issues presented by the a legal situation with which the student is familiar, focusing on those areas of law presented in this course, such as: employment law, corporate law, estate planning and property law. To the Following Standard: Identifies an appropriate legal situation; designs an investigation plan to acquire the necessary facts of the situation; conducts the investigation, identifies the issues these facts present; writes a report on the legal issues and possible solutions.

Explain why the present-day work of artistic expression meets the definition of the Modernist movement on your view.

Essay only 500+ words ** You will investigate the main points and purposes of that movement in art from the era of Modernism and see how it is relevant and present in today’s works of creative expression. Part I: Introduce a movement of art, literature, architecture, or music from the unit. You should explain why you decided to investigate this movement. Explain the details and introduce some of the purposes behind this style of creation. These ideas are not limited to the time frame when they were put to use. Instead, learning about art in the Modern Era can give you tools for evaluating art, ideas, design, and music today as well. Part II: Choose and introduce a creative product made between 2000 and today. You will make a case for why you believe this selection suits the movement you selected from the Modern Era. This could be a present-day work of art, architecture, literature, film, philosophy, design, opera, dance or music. What is this work? What makes you choose it? Part III: Explain why the present-day work of artistic expression meets the definition of the Modernist movement on your view. Demonstrate the similarities that you see, the ideas and concepts that make it fit, and how you felt these ideas were connected. Explain why you think the present day creation would use the features of the Modernist artistic movement. Aim to really explain, justify, and interpret the ideas based on the concepts from the course and the ideas you have learned in the unit.

Explain what might happen if SNMP didn’t provide for SNMPv3 and SNMP Engine? .

Answer each questions 1.What is view-based access control and what is it used for. In your answer provide an example of where you might use it. 2.What is a Management Information Base (MIB) and what is is used for in SNMP? Provide examples. 3.Why was SNMPv3 developed? How does it improve security over versions 1 and 2? 4.What are the main modules in a traditional SNMP Engine, and what does each do? 5.Why is authentication and authorization required in SNMP. Explain what might happen if SNMP didn’t provide for either one.