Lucy v. Zehmer Case Brief Essay

I. Statement of the Facts Zehmer owned a Farm that Lucy had made several offers to purchase, all of which Zehmer rejected. Lucy met Zehmer in the latter’s restaurant one evening. After drinking, they had a substantial discussion about the sale of the farm. Lucy made an offer of $50,000. Zehmer drafted up Lucy a contract specifying the land, the amount, title satisfactory to buyer. Lucy took the written agreement and offered $50,000 to Zehmer who refused to abide to the written agreement. Lucy filed a lawsuit against Zehmer to compel him to transfer the title of the farm to him for $50,000. Zehmer supported that the writing was prepared as a bluff, the whole matter was a joke, no binding contract was made, and at the time he made the offer he was â€Å"was as high as Georgia pine†. The trial court ruled in favor of Zehmer. Lucy appealed to the Supreme Court of Appeals of Virginia. II. Issue Does the offer made by Zehmer – supposedly as a joke – constitute a valid contract? III. Rule of Law â€Å"The first requirement for effective offer is a serious intent. Not determined by subjective intentions, beliefs and assumptions of the offeror. Rather it is determined by what a reasonable person in the offeree’s position would conclude that the offreror’s words and actions meant.† Offers made in jest, obvious anger, or undue excitement do not count and the acceptance of them does not create an agreement. IV. Analysis In his defense, Zehmer claimed that the offer to sell his farm to Lucy was made as a joke and at the time he made it they were both drinking and he was not in a state of sobriety. The court judged Zehmer’s argument about his mental state inconsistent due to the fact he was able to provide great detail what was said and done that night in his testimony. The court found that the contract was discussed for forty minutes, rewritten to include Mrs. Zehnmer, and she did sign it. The discussion of what to be included in the sale and the provisions of it made a serious transaction. The delivery of the written contract shows a good faith offer and a good faith acceptance.

Favorite Holidays Essay

1. One of my favorite Holidays is 4th of July. A few years ago my dad and I went to Washington to pick out some illegal fireworks. So we went to the Black Cat firework store . I got some mortars and roman candles and all the fun fireworks you could think of. So the day before 4th of July we were lighting off a few roman candles and all of a sudden a under cover police car pulled into our driveway and the police officer inside the car said â€Å"are you lighting off illegal fireworks?† because he saw me with the roman candles, and my dad said â€Å"yes† so the police officer confiscated all the fireworks we had bought and were fined a thousand dollars. We did get our ticket reduced down to $250 because we attended a fire works class. This definitely opened my eyes to the danger of fire works. From that day forward, I’ve learned not to do anything your not supposed to do, like buy illegal fireworks. 2. My sister graduated last year and moved to Los Angeles to pursue her passion. She grew up training in dance and singing. We have a close family and we support her all the way. My family and I traveled to see her this summer. She sang originals song and danced with her back up dancers for the music label industry. Very important people were their to see her. She did fantastic and is signing with a major record label. She will be releasing her single by the end of this year and her album in Januarary of 2014. This was a big eye opener to me to know that working hard and pursuing your dreams can really come true. 3. A couple years ago my grandmother passed away. She was very sick the last few days she was alive and my family and I knew she only had a few more days before she was to pass away. I helped her all that I could and so did my parents. She was a great grandmother and nobody could replace her, she was my dads mother, she was the best grandmother anybody could ask for. I remember the game we use to play when she would babysit me, it was called hide the thimble. She had a thumb thimble for sewing, and we use to hide it all over her house kind of like hide and seek, she also used to make the best brownies I have ever eaten. But from that day on I have always learned one thing, you never know how much you miss someone until there gone.

The End Essay Example | Topics and Well Written Essays - 1250 words

The End - Essay Example chine aided life support and live for even longer, and one a more positive note, the very machines have aided the discoveries that have more than made life comfortable. More specifically, the ethics in the use of machines to prolong life seems to be odds with the moral dynamics of nature itself; should nature be allowed to take its own course with regards to suffering individuals on their death bed? Is euthanasia equal to natural death in view of immense circumstantial suffering? And what is the place of the physician with regards to a patient’s life? Proponents of euthanasia and physician-assisted suicide are in agreement that terminally ill individuals should have the right to choose to end their lives whichever way they want it done (Griffith, 2014). In the mix is the constitutional legality of such a desire, with those championing the foregoing course maintaining that like the constitutional safeguards that guarantees the basic human rights, the termination of life-saving medical treatment or refusal thereof is the prerogative of the individual. On the other end, doctors indeed have a moral duty to keep their patients alive no matter the condition[s] involved. More critically, the legalization of euthanasia may well create the incentives for certain scrupulous insurance dealers to terminate numerous lives in exchange of huge bucks in their pockets. Though actively advocated for in almost every country the world over, euthanasia and physician-assisted suicide is only permissible in a few countries. As to whether the very right discussed herein should be a right to all, Derek Humphrey (2009) argues that the degree to which pain and psychological distress can be tolerated is different for every individual, and that it is only the individual/patient/sufferer who can make perfect judgment on he/she feels within his/her system. Indeed as it is, individuals’ systems are not sharable, and only it is the individual who knows exactly what they feel at any given

Humanitarian Intervention In A Military Capacity Essay - 1

Humanitarian Intervention In A Military Capacity - Essay Example But once genocide has been defined, the question still remains of who should be able to intervene and under what circumstances. For the purposes of the international community, monitoring standards should be imposed when and where a more powerful nation or coalition of nations intends to intervene up for humanitarian purposes in a region where genocide is a possibility. Whatever pretext the invader claims as a moral justification for the military action should be evaluated by an international body, and codified. If the justification for an invasion is to ensure that threaten civilian populations receive access to food aid, then monitors should ensure that the invaders hold true to this stated intent. No modern democracy in the current political climate would openly claim that their intent is to rule over another nation for the sake of Empire, and if an invading nation, in fact, denies this purpose, then an international body should monitor the extent of their military involvement for the purpose of documenting legitimate benchmarks towards the restoration of sovereignty within the occupied nation after the physical crisis has abated. Sanctions or withdrawal of support in addition to international condemnation should follow if prearranged benchmarks are not met. This strategy should prove a reasonable standard with respect to the military actions of democratic societies, but different discussions would become necessary in the event of military adventurism by governments not limited by popular votes.

It's about odyssey Essay Example | Topics and Well Written Essays - 1000 words

It's about odyssey - Essay Example As leaders of their people and key figures in the war, both men tend to cast their personal values back upon those they lead, thus presenting a generalized conception of how the Greeks and the Trojans differed in their overall world view. For this reason, it is helpful to examine these two characters in particular to gain an impression of how these two peoples differed from one another. In their approach to battle, in their adherence to the code and in the way that they each violate this code, the two men demonstrate that the differences between their people is really little more than a gloss of locality. Both Hector and Achilles can be seen to struggle with the heroic code as they prepare themselves for war. Each character has received relatively reliable information that they will be killed in the battle – Achilles through his mother, the goddess Thetis who tells him that he will not die as long as Hector lives, Hector through the pleadings of his wife who urges him to fight from the walls. While Achilles withdraws from the battle on the pretext of a feud with Menelaus, Hector spurns his wife’s pleading to honor the heroic code that insists a true warrior should not hide behind the walls of a fortress rather than stand tall on the plain. Andromache provides him with a moment of foresight as she tells him, â€Å"your valour will bring you to destruction; think on your infant son, and on my hapless self who ere long shall be your widow – for the Achaeans will set upon you in a body and kill you† (Book VI). It isn’t until after Hector kills Patroclus , Achilles’ most devoted friend, who is wearing Achilles’ armor, that Achilles is finally driven to re-enter the war. â€Å"Hector’s words following this action show that he does not realize his own limitations and that he could never have been so successful without the help of Zeus† (Lefkowitz, 2003, p. 66) and the other gods.

Marketing Objectives Essay Example | Topics and Well Written Essays - 1250 words

Marketing Objectives - Essay Example The new product is code named as M2030. Marketing Objectives The target market of the company is all the households and offices of that are looking for lighter and efficient products. The product is aimed for UK market. M2030 will be a good choice for families considering the product’s ease and efficiency. â€Å"UK Households spent an average of ?474 per week in 2010.† (Office of National Statistics, 2011) As per the statistics department, fuel and power form one of the major components of the expense items. It is also seen that consumers have spent more disposable income for consumer durables in 2010. This trend is expected to continue in 2011. The product will be more focused on London, Northern Ireland, South East, East and South West. (Office of National Statistics, 2011) The marketing objectives of the product M2030 are as follows: 1. To become the best in class product in the product category 2. To make the product available in all the leading electronics stores 3 . To offer the product to the customers at a highly competitive price 4. To create an impact in the minds of the customers regarding the benefits of the product. This report will further look into the detailed aspects of marketing of M2030 in UK. A detailed analysis of the competition and environment is also included in the report. Competitive Situation Analysis G’s products can be classified based on the three way consumer classification system of convenience, shopping and specialty goods. The products of G Electronics are kettles, toasters, juicers, mixers, ovens, dish washers, and micro waves. All these products can be classified as Shopping Goods. (Kurtz, 2011) The following five force model analysis will analyze the competitive situation of Company G. Supplier Power: The Company maintains excellent relationships with the existing suppliers. But for producing M2030, the company requires new materials which are different from those supplied by the existing suppliers. The s upplier power is comparatively less for G as the numbers of suppliers are high. Threat of Substitutes: The threat of substitutes is comparatively higher for Company G. Products that are not as efficient as M2030 are available at a lesser price in the market. But then this happens only if the customers prefer cost benefit over efficiency. Switching cost is comparatively low for this product category. Buyer Power: Buyer power is very high in this case. The customers are flooded with numerous products by various brands. All products differs each other in terms of the design, price, efficiency, etc. Buyer concentration is high for microwave oven market. Also, the chances for customers to have inclination towards a particular brand are very high. Threat of new Entrants: Threat of new entrants is low in this industry though there are big companies who still foray into unrelated businesses. Brand identity and research costs are two main factors that hinder companies from entering this indu stry. There is definitely a threat from big companies who has the capital and knowhow to enter the segment. Degree of Rivalry: Some of the strongest players in the industry are Philips, IFB, Panasonic, Samsung, Siemens, LG, Sharp, Whirlpool, Daewoo, etc. There are just the leading brands. Apart from this there are other brands that has significant cumulative market share. Therefore, the degree of rivalry is high in this industry. (Mindtools, 2011) SWOT Analysis

Three Main Stages in a Listening Lesson and Activities Suitable For Essay

Three Main Stages in a Listening Lesson and Activities Suitable For Each Stage - Essay Example It is evidently clear from the discussion that when the learners have been able to listen accurately, they are in a better position to refine their understanding of the grammatical structure of the content being taught and also apply it to develop their own vocabulary. The planning of a listening lesson should be systematic  so that the teacher can prepare the students for listening just before the actual listening lesson begins, and continue to prepare them during the actual listening lesson and even after the lesson. The systematic planning is necessary, owing to the fact that learners can experience problems in understanding and the subsequent interpretation of the content of the listening lesson. Thus, there are three main stages that a listening lesson should undergo in order to enhance the chances of the students’ understanding, comprehending and interpreting the content accurately. These stages are: Pre-listening is the first stage in a listening lesson, which occurs before the actual listening of the text by the learners begin. Pre-listening is a vital stage in the listening lesson, due to the fact that it acts as a preparation stage for the learners to get an idea of what they are going to listen. One of the major goals why the Pre-listening stage is important in a listening lesson is that it is the necessary stage for offering the necessary motivation to the learners. Motivation is important because it is the element that arouses the interest of the students in the text, making the students ready to listen keenly to the content. Therefore, the role of the teacher at the Pre-listening stage should be that of motivating the learners through creating interest and raising their curiosity regarding what the listening text contains.

Clinician Attitudes toward Borderline Personality Disorder Essay

Clinician Attitudes toward Borderline Personality Disorder - Essay Example This study aims to prove that often, even the mental health clinicians dealing with BPD have less than sympathetic views on the disorder. The study is correlational, because there are no experimental techniques used. Correlational studies look to show the relationship between variables and results. This study looks to see correlation between sub-types of clinician, years worked in mental health care and number of patients with BPD cared for in the past year and the attitudes toward patients with BPD. It is also a cross-sectional study, in that it provides information on attitudes at a certain point in time. The questionnaire was distributed to all relevant clinicians at all nine centers simultaneously, and thus all responses were formed at a similar point in time. The study provides no information on how the variables may affect the participants over time (and is thus not a longitudinal study). The subjects were 706 mental health clinicians (clinicians in this case being an umbrella term for nurses, physicians, social workers, psychologists etc.) from 9 different academic centers. Every clinician within these centers was provided with a questionnaire, and the 706 respondents were those that replied – they were a self-selecting sample. The issue with this is that there may be a subtype of person who is more likely to respond to this type of survey – they may have more time available than others and thus may be more understanding of patients with BPD.... However, the aforementioned subtype of clinician likely to respond and the very nature of questionnaires mean that any responses lack true ecological validity. The primary variables, as defined by the study, were the specific subgroup of clinician (psychiatrist, psychiatry resident, social worker, staff nurse, nurse practitioner/physician assistant, psychologist, and â€Å"other†), the number of years having worked with mental health patients, and the number of patients with BPD that the individual has worked with over the past year. The secondary variables or covariates were the gender of the individual and the center at which they worked. In my opinion, the primary variables were reasonable for this study. The specific subgroup opinion was part of the hypothesis (the coordinators of the study made predictions such as ‘social workers will have more caring attitudes’) and thus was a key variable. The number of patients with BPD that the individual has worked with is also key. The number-based variables were assessed in groups, such as 0-5, 6-10 etc., and again this is a reasonable measurement, although there are some issues where a clinician has worked in the area for 5 years – the individual may have attitudes more similar to the 6-10 group. The subgroup variable was also useful as it had a diverse range of roles available, although the â€Å"other† group may be too ambiguous and provide results that need further probing. The main problem with the study is the fact that the subtype of clinician was highly variable in the number of respondents – 227 psychiatrists responded, compared to only 17 nurse practitioners. This means that any conclusion formed from the responses

Mercantilism and liberalism and Israeli-Palestinian conflict Essay

Mercantilism and liberalism and Israeli-Palestinian conflict - Essay Example On the other hand, the basic tenet of liberalism as an economic school of thought is based on the invisible capacities offered by the economy. In this regard, the concept of liberalism creates a platform for fair and equal market practices, or with little government intervention (Goldstein, Joshua & Jon, 8). In a market environment guided by liberalism as a school of thought, the natural laws of demand and supply play a major role in regulating market activities and are believed to work effectively as compared to government implemented policies (Goldstein, Joshua & Jon, 8). According to Goldstein, Joshua & Jon 2006, one major similarity exists between mercantilism and liberalism; in these two schools of thought, the market seems as the driving force for an economy that intends to achieve a high level of development. In this regard, both theories provide unique ideologies that can be used to regulate supply and demand activities in the market as a core of economic development. According to the mercantilist ideologies, economies or states and markets have a high sense of relationship; this is because states are usually considered producers of resources and they assist markets in the process of remaining prosperous (Goldstein, Joshua & Jon, 14). However, in the case that a state-to-state relationship or interaction has to occur; there must be certain anticipated gains. These gains can be achieved through war. In this case, there must always be a winner and a loser, thus this ideology is based on a zero-sum gain (Goldstein, Joshua & Jon, 14). In relation to Liberalism theory, economic development processes are composed of exclusive players, basically two categories of players: The first category is made of states that positively interact with each other and the second category is made of the markets (Goldstein, Joshua & Jon, 14). Liberalism theorists believe that states relate with each other owing to the fact that they believe in

Toxicity of Energy Drinks Essay Example for Free

Toxicity of Energy Drinks Essay The new millennium has ushered in a wave of synthetic, caffeinated high-energy drinks targeted at the youth market. Over the past 10 years, the consumption of caffeinated beverages intended to â€Å"energise† has increased significantly. Energy drinks were recently shown to comprise 20% of the total convenience store beverage market, with â€Å"Red Bull† and â€Å"V† accounting for over 97% of sales in this multimillion-dollar industry. 1 Increasingly, toxicity from caffeine overdose is being reported to hospitals and poisons centres. The main active constituents of energy drinks include varying amounts of caffeine, guarana extract, taurine and ginseng. Additional amino acids, vitamins and carbohydrates usually complete the list of purportedly beneficial ingredients. 2 The intended effects of energy drinks are to provide sustenance and improve performance, concentration and endurance. Manufacturers pitch their product to athletes, students and people in professions that require sustained alertness. These drinks are also commonly consumed at dance parties, which require sustained energy for prolonged activity into late hours. In this setting, they may also be combined with alcohol and recreational drugs such as ecstasy (MDMA; 3,4-methylenedioxymethamphetamine) or other amphetamines. Young adults and adolescents are particularly attracted to energy drinks because of effective product marketing, peer influence and a lack of knowledge of the potential harmful effects. 3-5 The high sugar content in caffeinated energy drinks is similar to other soft drinks and is known to contribute to obesity. 6Adverse reactions and toxicity from high-energy drinks stem primarily from their caffeine content. 7 The sympathomimetic effects of high-dose caffeine mostly explain the symptoms and hospital presentations related to energy drinks. There is little published literature on the extent and epidemiology of this problem. Indeed, a recent literature review on the effects of energy drinks in children and adolescents found only eight case reports on medical complications from energy drinks. 8 Our study was undertaken to obtain an understanding of the scope of consumption-related issues and toxicity from caffeinated energy drinks in Australia by analysing data from calls to the NSW Poisons Information Centre (NSWPIC) — the largest centre of its type in Australia, taking about 110 000 calls per year, which is 50% of all poisoning-related calls in the country. Methods We undertook a retrospective review at the NSWPIC. Data included calls providing advice to the general public and health professionals. Calls from New South Wales, Tasmania and the Australian Capital Territory are exclusively handled by NSWPIC from 6 am to midnight; an after-hours call-sharing system is in place with interstate poisons centres. Ethics approval was obtained from the human research ethics committee of the Children’s Hospital at Westmead.

Online Learning vs Face-to-Face Learning

Online Learning vs Face-to-Face Learning Have you ever seen an advertisement on television that promotes acquiring a degree online? The advertisements make it sound easy and convenient to get a two-year, or even a four-year degree, for little of nothing, in a short amount of time, and big-time businesses will be begging you to work for them. However, is acquiring a degree online better than sitting in a classroom with a real-life professor? Do you receive more of a quality education in a classroom, face-to-face, or behind a computer screen? Face-to-Face learning is better than online learning because of the interactions and examples of face to face learning will benefit the learner the most. One of the most beneficial means of physically being in a classroom is the response time that a person receives from an actual person, such as a professor, versus an online class instructor. During face to face learning, a persons questions will get an immediate answer whereas online learning means waiting for a response. Studies show that immediate and efficient feedback response time is crucial to effective learning. In a classroom environment, you may also have the advantage of working in small groups where you can collaborate on difficult topics and receive immediate feedback from you peer groups as well. Sometimes, discussing issues or problems with your instructor in person is a lot easier than typing it out or trying to explain it in face-time online. Efficient and effective constructive feedback is imperative to proper learning environments, such as what a person would receive in an actual classroom. Attending classes in person also creates a disciplined, structured student. In todays society, it is crucial that students become more structured by attending scheduled classes. By abiding by a class schedule, this trains the student for real world situations, such as being on-time for a job interview or important business meetings. The online environment is usually more flexible as far as time constraints. A person does not have attend class at a specific time and can do household chores, take care of a baby, etc. Many people may see this as an advantage. (Lim, Doo Hun, Michael L. Morris). However, this is actually a disadvantage because it creates a carefree, lazy, and distractive environment. This type of climate cannot possibly properly prepare a person for a job, profession, or career. The online classroom is at an extreme disadvantage when trying to properly prepare a student for a structured, business-type atmosphere. One of the best ways to make new friends and meet new people by socially interacting with them is in the classroom. Meeting new people is a great way to sharpen your social skills and where else better can a person do that but in the classroom. Socializing with others is a perfect way to make future job connections, acquire new friends, maybe meet your soulmate. Online learning depletes a person of these socializing opportunities. It even impairs them further. Socializing face-to-face is becoming a trait that is harder to find in employers today. With increased amounts of text messages, social media sites, and other less invasive ways of interacting with other people, employers are struggling to find employees that know how to interact face-to-face effectively. They are a dying breed as we speak. Collaborating with others offers several more benefits for a student to be successful in the real world instead of spending time behind a monitor at home. A great way to learn how to interact with a superior is by being a student in an actual classroom environment. By interacting with your professor, this prepares a student how to effectively talk, respond, and work for a superior. Personalities sometimes do not mesh, they may even clash, but by learning how to deal with other personalities, this develops a more well-rounded individual socially speaking. Trial and error in how you respond and/or get responses gets students ready for real world problems, such as how to properly talk to your boss, how to handle difficult situations with co-workers, maybe even how to settle differences with your spouse. (Smith, Nigel V). By learning how to answer to a superior, even though it may be a professor or professors assistant, interacting with different types of people as your superior trains a student to become a more successful individual later in life. The classroom also offers several opportunities for a student to learn kinesthetically, whereas the online classroom fails the student in this area. Online learning obviously offers opportunities for visual learning, but it does not offer much else. The classroom offers so much more, such as hands-on trainings, visual and hearing enhanced learning, and other kinesthetic, or physical means, of acquiring information. By incorporating different learning styles, the success rate of learning highly increases. This creates a more successful learning environment for everyone. The online learning experience is very limited in capturing different learning styles and ultimately fails the student. The online classroom actually offers more opportunities to become distracted and stray away from better learning versus the physical classroom. Since the traditional way of learning has always been in a classroom, many people think that students become more distracted in this type of environment. (Bowen, William G., et al). However, the opposite is true. By doing online learning from home, office, or in a public venue, students are increasingly more distracted by other people, family members, and cell phones. Many classrooms limit students to being on their phones or laptops, therefore, decreasing the amount of distractions. Online learning actually increases the amount of distractions because most people access their online classrooms from home, their office or place of work, or in a public place such as a coffee shop. People with conditions such as ADHD or other learning disabilities are at even more of a disadvantage for a successful online learning experience. Finally, not everyone is equipped with fast-connecting internet, wifi, or has data plans that support the online learning environment. Many people live in rural areas where high-speed internet service or wifi is not available. Data plans and internet plans can be expensive, so people that are on a strict budget tend to stray away from costly internet and phone data plans. Sometimes internet connections can be interrupted by bad weather and can cause problems with your online learning experience. You may even lose your work if there is a power outage or your internet connection is interrupted. If you have a deadline, this could be a very bad situation. Face-to-face learning in an actual classroom is proven to be the better alternative when it comes to being a student. Despite our ever increasing use of technology, online learning fails to prepare a well-rounded student that is prepared for the real world. By increasing social interactions, becoming more structured in your schedule, and learning how to interact with authority figures, students are far more successful in their careers by accessing the traditional classroom option. However, as more and more online learning opportunities increase, face-to-face learning may fade away forever. Work Cited Bowen, William G., et al. Online learning in higher education: randomized trial compares hybrid learning to traditional course. Education Next, vol. 13, no. 2, 2013, p. 58+. Opposing Viewpoints in Context, link.galegroup.com/apps/doc/A323351286/OVIC?u=j020902xid=b03e0583. Accessed 7 Feb. 2017. Lim, Doo Hun, Michael L. Morris, and Virginia W. Kupritz. Online Vs. Blended Learning: Differences In Instructional Outcomes And Learner Satisfaction. Journal Of Asynchronous Learning Networks 11.2 (2007): 27-42. ERIC. Web. 6 Feb. 2017. Smith, Nigel V. Face-To-Face Vs. Blended Learning: Effects On Secondary Students Perceptions And Performance. Procedia Social And Behavioral Sciences 89.2nd Cyprus International Conference on Educational Research (CY-ICER 2013) (2013): 79-83. ScienceDirect. Web. 6 Feb. 2017. Yang, Yan, et al. College Student Effort Expenditure In Online Versus Face-To-Face Courses: The Role Of Gender, Team Learning Orientation, And Sense Of Classroom Community. Journal Of Advanced Academics 22.4 (2011): 619-638. Academic Search Complete. Web. 6 Feb. 2017.