MIS implementation in IBM Essays

MIS implementation in IBM Essays MIS implementation in IBM Paper MIS implementation in IBM Paper During the operation it has been noted that large quantity of liquid propylene getting accumulated in the Knock Out Drum (KOD) (being carried out from butadiene chiller) at full load of the compressor even at the 50% loading of the compressor. Liquid level rapidly builds up in the KOD the compressor got tripped at high level in KOD. To maintain the suction pressure, the pressure control valve got fully opened to put hot vapor in the KOD. Thus the full energy of the compressor is not utilized. To avoid liquid carry over from the chiller, minimum liquid level was maintained in the chiller. Thus most of the Butadiene tube bundles are not immersed in the liquid propylene. So chilling effect on Butadiene was nominal resulted continuous running of the compressor against the 16 hr running 8 hrs recession philosophy. Temperature across the chiller in butadiene was only 3 c against the design of 5 c. The problem could not be solved even after communication with the designer for several times. This section will allow changing the different parameters of the system. For example: one can skip the discount box from invoicing also one can print packaging instruction to laser just by clicking the box behind that option and make it at tick mark position. And after that click on the save option to save the changes made and then the system works accordingly. There are many parameters there which can be used to make the system work at owner requirement and choices. MIS helps us to gather data and retrieve information from it. This information can be helpful in deciding the future decision of the company. It helps manager to evaluate option on hand. With tons of data and information available a manager can predict a future course of a industry. MIS also helps in giving us a cost-benefit analysis of each process of our company. Through MIS we are able to analyze even a small related process.

How to Ace Your AP Chemistry Labs

How to Ace Your AP Chemistry Labs SAT / ACT Prep Online Guides and Tips Labs play a significant role in AP Chemistry, and knowledge of experimental procedures is critical for the final exam. If you're an AP Chemistry student (or are considering becoming one), this guide will help you understand what to expect from the lab components of the course. I'll provide an overview of the types of AP Chemistry labs you'll see, the amount of time you'll spend on them, and what a real lab procedure looks like. You'll also learn how lab reports are structured and what you can do during the lab to ensure that you're getting the most out of your experience! What Are the Lab Requirements for AP Chemistry? Twenty-five percent of class time in AP Chemistry is devoted to labs, so they’re a big part of the course.The College Board even says in the course description that increased lab time is correlated with higher AP scores!You will be expected to conduct at least sixteen hands-on lab experiments throughout the year, and at least six of those sixteen must be "guided inquiry" labs. The College Board emphasizes an inquiry-based approach in the most up to date curriculum guidelines for AP Chemistry.This means that you’ll be asked to work independently at times. The teacher will provide a prompt or question, but you'll design the rest of the lab.This gives you the opportunity to conduct valid experiments that test your hypotheses without a teacher holding your hand the whole way. This approach is geared towards helping students develop scientific skill sets that they will use later in life when there isn't a teacher around to give them the answers. In guided inquiry labs, you will be expected to: Come up with a scientific question Decide which variables you will investigate Design and conduct experimental procedures Collect, analyze, interpret, and display data Present conclusions appropriately The other (up to) ten labs in the course may be traditional teacher-directed labs, but they will still support the learning objectives of the course. A full list of AP Chemistry learning objectives divided by the main themes or â€Å"Big Ideas†can be found on page 107 of the course guidelines.The goal for each lab is to incorporate as many of these objectives as possible so that students get the most out of their time. Each lab will serve a purpose in helping you grasp essential concepts in AP Chemistry. Which AP Chemistry Labs Will You Actually Have to Do? The AP Chemistry lab curriculum offers a fair amount of flexibility.The College Board provides a lab manual to teachers that includes 16 guided inquiry labs. Teachers can then choose at least six of those labs to conduct in class.The other ten or more labs in the course may be teacher-directed (traditional, step-by-step labs where all students follow one exact procedure). Examples of lab topics you might explore in AP Chemistry include: Spectroscopy Determine the concentration of a solute in solution based on the color of the solution Gravimetric Analysis of a Precipitate Find the identity of an unknown compound using mass data Stoichiometry Determine the amount of dissolved particles present in solution Solubility Determine the amount of dissolved ions in solution Redox Titration Measure the amount of acid contained in a solution Reaction Rate Manipulating variables to see how they affect chemical reaction rates Energy Determine change in energy in various chemical reactions Equilibrium Maximizing yield in chemical reactions Weak Acid Titration Drawing conclusions about acid properties from a pH titration curve for a weak acid Buffers Explore how buffers are made and what determines their capacity to resist changes in pH Electrochemistry Using electrolysis to induce non-spontaneous chemical reactions Get ready to explore the fascinating and terrifying landscape of microscopic particles that make up our world. AP Chemistry Lab Example Here’s a more specific example of an AP Chemistry Lab.In this case, it was derived from the AP Chemistry Lab Manual, so it’s an inquiry-based lab. Lab Title: The Preparation and Testing of an Effective Buffer: How Do Components Influence a Buffer's pH and Capacity?† Experiment Overview: In this experiment, the pH of water and a number of other solutions will be measured, and then acids and bases will be added to see how the pH is affected. Several buffer solutions of different pH values will be prepared and tested for their ability to resist change in pH. This covers the following AP Chemistry learning objective (LO 6.18):The student can design a buffer solution with a target pH and buffer capacity by selecting an appropriate conjugate acid-base pair and estimating the concentration needed to achieve the desired capacity. Materials Needed: Hardware: Balance with 0.01-gram precision Four 100 mL beakers Three pipets Buret, ring stand, buret clamp Two 250 mL Erlenmeyer flasks Two graduated cylinders, 25 mL and 100 mL pH meter Stirring rod Wash bottle and distilled water Chemical Solutions: 20 mL Acetic acid, 0.10 M 20 mL ammonia, 0.10 M 20 mL ammonium chloride, 0.10 M 5 mL HCl, 0.10 M 1 mL of 1 percent Phenolphthalein 20 mL sodium acetate, 0.10 M 40 mL sodium chloride, 0.10 M 5 mL sodium hydroxide, 0.10 M Unknown solid acid sample, 2.0 g Safety Precautions (an extremely important part of each lab, especially when you’re dealing with strong acids!): Wear chemical splash goggles, chemical resistant gloves, and a chemical resistant apron. Wash hands thoroughly with soap and water before leaving the laboratory. Procedure: Part 1: pH Changes in Non-buffered Solutions 1. Place 20 mL of distilled or deionized water in a 100 mL beaker. Test the pH using a pH meter. Record the pH.2. Using a pipet, add one drop of 0.10 M HCl, stir the solution and again test and record the pH.3. Repeat step 2 with a second and third drop of 0.10 M HCl.4. Repeat steps 1-3 with 20 mL of 0.10 M NaCl solution.5. Place 20 mL of distilled or deionized water in a 100 mL beaker. Test the pH using a pH meter. Record the pH.6. Using a pipet, add one drop of 0.10 M NaOH, stir the solution and again test the pH and record.7. Repeat step 6 with a second and third drop of 0.10 M NaOH.8. Repeat steps 5-7 with 20 mL of 0.10 M NaCl solution. Part 2: pH Changes in Buffered Solutions 9. To prepare a buffer, use 25 mL graduated cylinder to add 10 mL of 0.10 M HC2H3O2 and 10.0 mL of 0.10 M NaC2H3O2 to a 100 mL beaker.10. Measure the pH of the buffer solution and record.. Add 1 drop of 0.10 M HCl, stir, measure and record the pH.12. Repeat step for two additional drops of 0.10 M HCl.13. Prepare a fresh sample of the HC2H3O2 - C2H3O2- buffer as in step 9.14. Repeat steps and 12 by adding 0.10 M NaOH.15. Prepare a basic buffer by combining 10.0 mL of 0.10 M NH3 and 10.0 mL of 0.10 M NH4Cl in a 100 mL beaker.16. Repeat steps and 12 for this basic buffer solution.17. Repeat step 14 by preparing a fresh sample of the basic buffer and testing it with a dropwise addition of three drops of 0.10 M NaOH. Part 3: Preparation of Buffer of a Given pH 18. Weigh out 1.8 to 2.0 g of a solid acid assigned to you.19. Dissolve the acid in 150 mL of distilled water in a 250 mL Erlenmeyer flask (flask 1).20. Pour 75 mL of this solution into a second 250 mL Erlenmeyer flask (flask 2), add 2 drops of phenolphthalein solution, and titrate to the phenolphthalein color change with 0.20 M NaOH. Record the volume of titrant. You now have a solution of a weak acid in flask 1, and a solution of the sodium salt of the weak acid (its conjugate base) in the second flask 2. Make the concentrations of the two solutions the same by adding the same volume of distilled water to the acid flask 1 as the volume of NaOH you used to titrate the solution in flask 2.21. Combine 10.0 mL of your weak acid solution in flask 1 with 10.0 mL of the conjugate base solution in flask 2, mix, and measure the pH and record. This is the pKa of the acid.22. Your teacher will assign you the pH of a buffer to prepare. Calculate the volume of weak acid and conjugate base that you will need to prepare 50 mL of a buffer of the assigned pH. 23. Measure out the volumes of acid and conjugate base, mix then measure and record the pH.24.Test your buffer solution to see if it resists changes in pH by measuring 20.0 mL of the and adding 3 drops of 0.10 M HCl, and repeating with 20.0 mL of buffer and 3 drops of NaOH. Record the pH values after each addition. Conclusion Questions: 1. Discuss how the addition of acid and base to distilled water affected its pH.2. Discuss how the addition of acid and base to 0.10 M NaCl solution affected its pH.3. Discuss how the addition of acid and base to the acetic acid-acetate ion buffer affected the pH.4. Discuss how the addition of acid and base to the ammonia-ammonium ion buffer affected the pH.5. Did your prepared buffer match your assigned pH value? Explain.6. Comment on the ability of your prepared buffer to resist the change of pH when acid and base were added in the last step of the investigation. Notice that this lab ultimately requires independent problem-solving skills on the part of the student.You must create your own buffer solution of a certain pH and then test it to see if it’s effective.While the procedure is clearly laid out, it won’t be exactly the same for each person.You could come up with more than one way to make the final buffer solution for any given pH, so the lab is flexible depending on how you think about the problem.This type of lab encourages you to use knowledge of chemistry to solve a problem creatively. All the pieces of the puzzle are there for guided inquiry labs, but you're responsible for putting them together! You'd better hope it's not one of those puzzles with a million blue sky pieces that all look the same. How Are Lab Reports Structured? Ah, lab reports, the not-so-fun part of playing with chemicals.Lab reports might seem daunting, but if you conduct the experiment properly and prepare some parts of your report beforehand, you should be fine. I took the lab guidelines below from a sample syllabus provided by the College Board.It lists ten essential components of an AP Chemistry lab report and shows when each should be completed (before, during, or after the lab is conducted). Your teacher may have slightly different expectations (sometimes you have to list the materials needed for the lab before the procedure, for example), and even those will change slightly depending on the nature of the lab.These are just the components of a standard chemistry lab report to give you an idea of what to expect! To Set Up Your Lab Report, You Will: 1. Write an accurate descriptive title for the lab (i.e. pH Titration Lab)2. Write the date of the lab3. Provide a purpose statement explaining the point of the lab4. Write an outline of the lab procedure (often this is in bullet-point form)5. Answer any pre-lab questions 6. Create data tables that you’ll fill in during the lab During the Lab You Will: 7. Record data from the experiment in a neat, well-organized fashion After the Lab You Will: 8. Show calculations and draw out any corresponding graphs (be sure to label everything correctly!)9. Write a conclusion about your findings (format may vary depending on the lab)10. Answer post-lab error analysis questions Note that you should always write these reports in the 3rd person (i.e. "the solution was titrated" rather than "I titrated the solution"). Lab reports are intended to be objective statements of the facts, so â€Å"I† or â€Å"We† statements will just make them seem less credible! Always use the third person in scientific writing. I mean, look at that dude. He clearly knows way more about chemistry than those other two schmucks. Tips for AP Chemistry Labs Here are some essential tips you should keep in mind during AP Chemistry labs. They'll save you from wasting your time in class and turning in a crappy lab report! Tip #1: Don’t Get Careless If you’re tired or just not feelin’ chemistry one day, the last thing you want to hear is that you’re expected to get out of your chair and do a lab.On those occasions, try to summon your remaining strength to get through the class.If you don’t do a lab correctly the first time, you’ll be in for a lot of trouble when you try to write your report. You know a movie is going to be bad if the director has to say â€Å"we’ll fix it in post-production.† Similarly, if you mess up during the actual experiment, don’t think â€Å"eh - I’ll just fix it in the lab report.† You should do things correctly so that you don’t get the wrong impression of how the lab was conducted and end up struggling on your next test (or handing in data that makes no sense).Redo everything the right way before moving forward! Tip #2: Record Everything Clearly (and Don’t Fudge the Data Later) The most critical part of each lab is data collection.It would be tough to forget to write down all of your data, but sometimes you can end up writing illegibly or organizing results in a way that won’t make sense to you later. Carefully lay out your data tables before starting the experiment so that you have a designated place to record results.Try to write clearly and neatly so there’s no chance of misunderstandings. If your data doesn’t fit with your hypothesis of how the lab was supposed to go, write it down anyways (as long as you don’t think you made any big mistakes in following the procedure).You’ll be able to discuss why your data was wonky in the conclusion section of the report.Don’t get in the habit of faking results - it makes the experiment pointless. Tip #3: Ask for Clarification if Necessary Your teacher is there to help you, so don’t be afraid to use him or her as a resource!If, at any point during the lab, you’re not sure whether you’re conducting the procedure correctly, you should check in with your teacher to verify.This will prevent the nightmare scenario of sitting down to write a lab report and realizing you essentially did a completely different lab and have no usable data. Everyone has the same nightmare when they follow the wrong lab procedure: You're walking through a gloomy forest when suddenly you sense that you're being watched. You hear a haunting whisper, "I tooooold you to use 20 ml of HClllll." You wake up in a cold sweat as you're about to be sacrificed over a Bunsen burner by a coven of AP Chemistry teachers. Conclusion AP Chemistry is a fairly lab-centric course, so you should be prepared to spend a lot of time doing hands-on experiments (at least 25 percent of the class!). The lab requirements are open to some interpretation, but, per the curriculum guidelines, courses must include at least 16 labs total, at least six of which are special "guided inquiry" labs. These are independently-conducted labs where students have greater agency over the procedure and outcome. When conducting labs, you should keep the following tips in mind: 1. Don't Get Careless2. Record Everything Clearly, and Don't Fudge the Data Later3. Ask Your Teacher for Clarification if Necessary Adhering to these tips will make the process of writing a lab report relatively painless later. If you conduct the experiment correctly and have solid data, the only part of the report that you'll need to worry about is the conclusion. The goal of all this lab work is to teach you to apply sound scientific practices across a variety of circumstances. Many questions on the final exam will ask you to analyze experimental scenarios based on your knowledge of lab procedure and chemical properties. In some cases, you might even recognize experiments from class! What's Next? If you're kind of nervous about taking AP Chemistry, take a look at my article analyzing the difficulty level of the course across five different metrics. Are you looking for a good review book? Check out my list of the best AP Chemistry review books available for students this year! Still working on planning out your schedule? Learn more about which science classes you should take in high school. Want to improve your SAT score by 160 points or your ACT score by 4 points?We've written a guide for each test about the top 5 strategies you must be using to have a shot at improving your score. Download it for free now:

State and local week 3 Essay Example | Topics and Well Written Essays - 250 words

State and local week 3 - Essay Example As well, as limits the age contribution of up to 25 dollars. Chapter 55 section 7A elaborates further on the individual’s contribution to candidates, as well as penalties and event expenditure controls. The state offers partial financing to the matching grants program. The state also set electronic disclosures requirements for the candidate and committees of all contributions. Regulation of the campaign financing is an area where the state could consider putting the requirements for donor disclosure. Additionally, change the very public financing for campaigns is paramount. Having a preliminary vote for approval of a party or candidate, for example, enroll 5% of the state members to the party can also help. The state could also drop the campaign finance. It could also eliminate or review disclosure exemptions for donations as it will help detect fraudulent schemes. Reforming the federal elections commission will also serve to change the

Captain Cook Essay Example | Topics and Well Written Essays - 1500 words - 1

Captain Cook - Essay Example Cook managed to rise through ranks from seaman, soon became a mate and within four years became a master but it was not until 1759, that he was given the capacity to command the Mercury and he managed to sail to Canada up to the St Lawrence River, where he assisted in the survey of the river channel. At this point, Cook was made responsible and managed to successfully pilot the fleet, and they took over took Quebec. For his expeditions, Cook choice of vessel was precise. He went for sturdy and practical vessels, preferably the one that could hold lots of provision as well as be able to be managed by a small crew if need be. Among his crew members was, Dr Green who was responsible for the scientific instruments that were used for observations used in the expedition. In his lifetime Cook went for three major voyages across the pacific, each voyage however a different purpose had and was directed to different parts of the world. According to Simmons, (41), James Cook was only twenty-nine years old when he set for the voyage with the chilling experience. A few years to come, he was to achieve recognition for his success in preventing the loss of the men under his command to scurvy, in. It marked as one of the most outstanding accomplishment he managed to attain during his voyages and exploration around the world. Cook was always cautious; he paid close attention to the health of the ship’s company on those voyages as he had not witnessed the terrible suffering aboard Pembroke. When Cook arrived in Halifax outbreaks of scurvy were not uncommon in the city itself maybe due to lack of property rights discouraged settlers from erecting fences and cultivating home gardens and this made fresh vegetables be scarce. On June 19th the British started bombarding the fortress with heavy artillery and two days later the French vessel cà ©là ¨bre was hit by gun fire and burst into flames. They put a strong resistance against the

The Awakening: Edna :: essays research papers

The Awakening: Edna This is a look at "The Awakening" by Kate Chopin. When you first look at the life of Edna you think there is not much to discuss. Edna is a married woman who at first seems vaguely satisfied with her life--"she grew fond of her husband, realizing with some unaccountable satisfaction that no trace of passion or excessive and fictitious warmth colored her affection, thereby threatening its dissolution." (Chopin, 558). Edna doesn't know what she wants from life. It is evident from the way she tries to change her life to make it better, that she wants her own happiness. She refuses to stay home on Tuesdays, which she is expected to do to satisfy the social conventions of the time. She spends more time on her art. She goes to races and parties all the time. All of this doesn't seem to help her maintain happiness all the time. There were days when she was very happy without knowing why. She was happy to be alive and breathing, when her whole being seemed to be one with the sunlight, the color, the odors, the luxuriant warmth of some perfect Southern day. There were days when she was unhappy, she did not know why, when it did not seem worth while to be glad or sorry, to be dead or alive; when life appeared to her like a grotesque Pandemonium and humanity like worms struggling blindly toward inevitable annihilation. (Chopin, 588) Edna struggled to make her life more fulfilling. Edna wanted what? Passion, excitement? She states to the Doctor, "But I don't want anything but my own way. That is wanting a good deal, of course, when you have to trample upon the lives, the hearts, the prejudices of others--but no matter--still, I shouldn't want to trample upon the little lives." (Chopin, 629). In the title of "The Awakening" I get the impression of someone waking up and deciding that their life is not what they want. Edna goes from being reasonably happy in her life to very unhappy with her life and tries to change it to make it better. The ways she goes about it are not necessarily the right ways, but at least she tries to change it to make it better. The acceptable behaviors of the time in which she lived worked against her. Edna stays married because divorce was unheard of in those days. She wants to marry Robert, but he will not because it will disgrace her to leave her husband. She exceeds the social boundaries of the day by going her own way and The Awakening: Edna :: essays research papers The Awakening: Edna This is a look at "The Awakening" by Kate Chopin. When you first look at the life of Edna you think there is not much to discuss. Edna is a married woman who at first seems vaguely satisfied with her life--"she grew fond of her husband, realizing with some unaccountable satisfaction that no trace of passion or excessive and fictitious warmth colored her affection, thereby threatening its dissolution." (Chopin, 558). Edna doesn't know what she wants from life. It is evident from the way she tries to change her life to make it better, that she wants her own happiness. She refuses to stay home on Tuesdays, which she is expected to do to satisfy the social conventions of the time. She spends more time on her art. She goes to races and parties all the time. All of this doesn't seem to help her maintain happiness all the time. There were days when she was very happy without knowing why. She was happy to be alive and breathing, when her whole being seemed to be one with the sunlight, the color, the odors, the luxuriant warmth of some perfect Southern day. There were days when she was unhappy, she did not know why, when it did not seem worth while to be glad or sorry, to be dead or alive; when life appeared to her like a grotesque Pandemonium and humanity like worms struggling blindly toward inevitable annihilation. (Chopin, 588) Edna struggled to make her life more fulfilling. Edna wanted what? Passion, excitement? She states to the Doctor, "But I don't want anything but my own way. That is wanting a good deal, of course, when you have to trample upon the lives, the hearts, the prejudices of others--but no matter--still, I shouldn't want to trample upon the little lives." (Chopin, 629). In the title of "The Awakening" I get the impression of someone waking up and deciding that their life is not what they want. Edna goes from being reasonably happy in her life to very unhappy with her life and tries to change it to make it better. The ways she goes about it are not necessarily the right ways, but at least she tries to change it to make it better. The acceptable behaviors of the time in which she lived worked against her. Edna stays married because divorce was unheard of in those days. She wants to marry Robert, but he will not because it will disgrace her to leave her husband. She exceeds the social boundaries of the day by going her own way and

Key Elements of a Valid Contract and Their Importance Essay

I. Task 1: Explain the different types of business agreement and importance of the key elements required for the formation of a valid contract. 1. Key elements of a valid contract and their importance: Contract is very important in the business to bind one or more parties with the others. Hence, contract is defined as an agreement which legally binds the parties[1]. Contract is also an agreement made between two or more parties that create rights and obligations enforceable by law. They have to follow all the conditions in contracts and can not break it. There are three basic requirements that need to be satisfied in order to make a contract: An agreement; consideration; intention and capacity 1.1.An agreement: 1.1.1.Offer: Offer is one of two parts of an agreement. An offer is defined promise to  be bound on specific terms[2]. Generally, it’s accompanied by an expected acceptance. Offeror is the person who making an offer. Offeree is the one who accepts the offer. For example, the offeror makes an offer to purchase a car. If the offeree agrees, there is an agreement between two parties. An invitation to treat is not an offer, it’s only the invitation the other to make an offer. For instance, the advertising goods for sale through television or newspaper. An offer can be withdrew before the offeree reaches the offer or revoked before offeree’s acceptance. 1.1.2.Acceptance: Acceptance of the offer is the qualified agreement to the terms of the offer[3]. An acceptance is in oral , writing or in other communications. When an offer has been made, no contract is formed until the offeree accepts the offer. In addition, acceptance must be final and unconditional and communicated to the offeror. According to postal rule, the acceptance occurs when the letter is posted. The postal rule is not apply to instantaneous mode of communication. 1.2. Consideration: Consideration is usually described as being something which represents either some benefit to the person making a promise( the promisor) or some detriment to the person to whom the promise is made( the promisee) or both[4]. A consideration can be executory (a promise in return for a promise) or executed (an act in return for a promise), but not past. For instance, in the case Roscorla & Thomas(1942)[5]. In addition, the consideration doesn’t have to be adequate but must be sufficient. Furthermore, consideration must be legal, clear, certain and not be illusory. 1.3.Intention to create legal relations and capacity to contract: Intention to create legal relations: there are two kinds of intention: Domestic Agreement and Commercial Agreement. In every domestic agreement between the people who have special relationship, there is no intention to create legal relations. If there is evidence of commercial substance in domestic agreements, there is intention to create legal relation. In contract, the commercial agreements are usually intended to be legally binding. Beside the agreement, consideration and  intention, there is also capacity to contract. Capacity refers to ability of parties to fully understand the rights and obligations of an agreement. However, there are some groups which are unable to enter into binding contract: Minors, drunkards, bankrupt, mentally incapacitated. 2. Different types of business agreement: There are two types of business agreement: consumer non-consumer. 2.1.Consumer:  A person will be considered as a customer if he doesn’t make the contract in business but the other parties make. The goods which customer buy must be use for private purpose. Consumers have legislative protection from unfair terms in consumer contracts. A supplier of goods or services can have an advantage over the consumer by including such an unfair term in a contract. however, consumer contracts are open to a test of fairness. Specifically, a consumer is a person who is buying a service or a product for themselves from someone whose normal business it is to sell that product or service. When you buy goods or services you enter into a contract with the supplier of goods and services. This is called a consumer contract. The example typical example is R&B customs Brokers and United Dominions Trust Ltd 1988[6], this case is considered as a consumer sale, the company is not in the course of business. 2.2.Non-consumer: Non- consumer contract is the contract which is made between two or more parties which are in the course of business. NN .;,LJLKLKMLMKLMKLM , M. For example, company A buy televisions from company B. the resell the products to customers and make a profit. In this case, the company A is considered as non-consumer. II. Claim 1: There are two parties in this case: Trung and supplier. Trung saw an advertisement in the local paper for nearly new machine. The advertisement read: â€Å" A cutting machine $7,000 or nearest offer. In good working order. Recently tested, approved and guaranteed by the Ministry of works. Delivered to your address if within a 15 mile radius of our address†. The  advertisement is an invitation to treat. Trung purchased the machine over the telephone and waited for delivery. An invoice was sent for 7,000$ and it was paid. In this case, the invitation to treat of supplier becomes an offer and Trung agreed to purchase it. It’s a good consideration between the supplier and Trung. Hence, there is a contract. However, the machine never arrived. In this situation, the supplier breach the contract. The supplier of the machine claimed that Trung should have paid for delivery and that he had sold it to another customer, Sam for 8,500$. The supplier is prepared to return Trung’s cheque for $7,000. Situation 1: The way from supplier’s place to Trung’s place is within a 15 miles. The supplier offered Trung to buy the machine and free delivery fee to his address if within a 15 miles radius of his address. In addition, the length of the way from Trung’s place to supplier’s place is 15 miles. Therefore, Trung can sue the supplier for breaching of the contract. Situation 2: The way from supplier’s place to Trung’s place is more than 15 miles. The supplier offered that the delivery fee will be free if the length of the delivery way is within 15 miles. However, the way from supplier’s place to Trung’s place is more than 15 miles. Thus, Trung must pay the delivery fee in order to own the machine. III. Claim 2: There are two parties in this case: Robert( the husband) and Theresa( the wife). Robert and Theresa are planning to divorce. They have spent their married life in a house which they bought in joint names, with the help of a mortgage which has six years still o run. Robert and Theresa agree that Robert will move out of the house and if Theresa meets the mortgage repayments for the next six years, Robert will, at the end of that time, transfer sole ownership of the house to her. There is a domestic agreement between Robert and Theresa. Hence, there is no legally binding between the couple. However, Theresa pays the mortgage for a year, at which point Robert says he has changed his mind, and doesn’t intend to transfer his share of the house to her. Thus, there is evidence of commercial substance of Robert. . It’s similar to the case Merritt& Merritt, 1970 6. Therefore, Theresa can sue him for breaching of contract. If Robert had changed his mind before Theresa had started paying the mortgage, the offer can be revoked any time before the acceptance of Theresa. Hence, Theresa can not sue Robert for  breaching of the contract. If there is the same case, the husband should be careful and consider about his benefit when he decide to transfer the owner ship to his wife. In addition, the wife should get divorced with her husband before making a contract to be sure that she will own the house when she finishes paying the mortgage. IV. Claim 3: There are 3 parties in this case: Tung, Linh and the hotel. Tung is 16 years old and his friend, Linh is 19 years old. In this case, Tung is in minor group and he is unable to make a contract and irresponsible for all he acts. Tung books the hotel as part of the contract he states that all drinks and extra food are to be put on the bill. The hotel asks for a deposit of $500 which Tung pays but does not state his age. In this situation, there is a contract between Tung and the hotel. However, Tung is in minor group so he is unable to make a contract but the hotel didn’t check and care about his age. One night, Linh became hopelessly drunk, did not know what she was doing and damaged hotel hotel property. Linh was in drunkard and she caused the damages for the hotel. Although she was hopelessly drunk, she only needn’t to pay the damages when she was making the contract. According to Law of Torts, Linh caused the damages and did the legal wrong acts. Hence, Linh must pay for the damages which was caused by her in this case. The following day they were asked to leave the hotel. They refused to pay the outstanding bills and the hotel gave them a bill for $10000 for the damage they caused. The contract was made between Tung and the hotel. However, the hotel did’t ask his age and allowed him to hire the room. Hence, this is the hotel’s wrong action and Tung needn’t to pay for the outstanding bill of him and Linh. On the other hand, Tung is in minor group so his parents must pay for the outstanding bills. Therefore, in this case, Linh must pay $ 10.000 for the hotel’s damages. Tung and Linh needn’t to pay for the outstanding bills. However, Tung’s parents must pay for the bill. If Linh made a contract with the hotel and Tung didn’t make it, Linh must pay the outstanding bills for the hotel. Linh is more than 18 years old and she must respond for all her acts. Therefore, the outstanding bill must be paid by Linh and there is no wrong action of the hotel. If there is a similar case, the hotel should ask for the customer’s age before accepting him to hire the room. V. Task 4: Explain the differences among conditions, warranties and innominate terms with examples to illustrate. 1. Conditions:  The condition is defined as a term which is vital to the contract , going to the root of the contract[7]. When a condition is breached, the injured party can sue for the damages. For example, in the case Poussard and Spiers (1876)8, the singer can not sue the company because she breached the condition of the contract. Singing in an opera throughout a series of performance is considered as fundamental to the contract . 2. Warranties: Warranties is a less important term. It does not go to the root of the contract, but is subsidiary to the main purpose of the agreement 8. The warranty terms can be breached without highly important consequences. For example, in the case Bettini and Gye, 1876[8], the breach of the clause is considered as breach of warranty. Hence, the producer must accept the opera singer’s services 3. Innominate terms: The Innominate term is the term which is not a condition term or warranty term. The decision will depend on the nature and effect of the breach. If the effects are serious, the term will act as a condition. In contrast, If the effect of the breach is minor and not serious, the warranty term can be considered. For example, in the case Hong Kong Fir Shipping Co Ltd and Kawasaki Ltd(1962)[9] VI. Task 5: What do you understand about law on standard form contracts and give examples. The standard form contract is a standard document prepared by many large organizations and setting out the terms on which they contract with their customers. The individual must usually take it or leave it: he does not really† agree to it†[10]. There are some important features of standard contract. For instance, it’s often used by large corporation or as an attempt to limit liability for damages or losses. The standard form of contract is also used to delayed by the party presenting the standard form agreement[11]. In addition, the company’s representative and customers have no authority to negotiate the standard terms contract. In addition, the standard form contract is also defined as a contract between two parties  that does not allow for negotiation. It is often a contract that is entered into between unequal bargaining partners, such as when an individual is given a contract by the salesperson of a multinational corporation[12]. However, the standard form contract is rarely read. Although the information is discovered, the people might have no time to read it. The expected payoff from reading the contract is low and few people would be expected to read it. However, Standard form contracts may exploit unequal power relations. Once the goods is really important to the customer and they must accept the standard form of contract in order to own the goods. The consumer must accept the standard provisions and does not have the ability to change those terms . This problem may be mitigated if there are many suppliers of the good who can potentially offer different terms. This issue might extenuate if there mare more suppliers who can offer different terms. This is one typical example for standard form of contract: The Franchisee Plaintiffs’ arguments that the forum selection clause is unconscionable and that it is a contract of adhesion may be taken together. â€Å"An unconscionable bargain is one which no man in his senses and not under delusion would make on the one hand, and †¦ no honest and fair man would accept on the other.† The fact that the Franchise Agreement was presented on a take it or leave it basis and was not subject to negotiation renders it neither a contract of adhesion nor unconscionable[13]. VII. Claim 7: 1. The Claim: There are three parties in this case: Thanh, Tung and another party. Thanh won a contract to refurbish a blocks of 20 flats, the work to be completed within 12 weeks. There is a contract between Thanh and another party to refurbish the blocks. He subsequently subcontracted with Binh to install central heating in each of the flats for a fixed price of $20,000; $10,000 of which was to be paid on completion and the rest being paid in weekly installments. In this case, Thanh promised to pay Binh half of money. Binh agreed to complete the work in 12 weeks. There is an agreements between Binh and Thanh. Hence, there is a contract. After 6 weeks, Binh is unable to finish the work in 12 weeks because he had underpriced the work involved. After that, Thanh offered to pay Binh an addition $500 for each flat so long  as they were all furnished before the due completion date. According to Force Majeure, when the parties can foresee that difficulties are likely to arise but the parties can not foresee their precise nature or extent, Force majeure is applied[14]. Thus, it’s Thanh’s duty to pay more money for Binh to work. Binh carried on†¦work on the flats. In this case, Thanh ran out of money and he agreed to pay $5,000 of the money outstanding from the originary agreement. At this time, Binh has a consideration but Thanh didn’t. It’s not an agreement between Binh and Thanh. After that, Thanh awarded a prize $10,000. Thus, it’s Thanh’s duty to pay Binh this amout of money because the contract was made between Binh and Thanh. All in all, Thanh must pay Binh $10,000 of his award prize. 2. The Effects of Exlusion Clause: An exclusion clause is a clause which seeks to release one of the parties from liability should something go wrong with the contract[15]. Sometimes, the contract are unfair with some of the parties. Thus, the exclusion clauses will avoid liability for certain breaches of the contract. An exclusion clause must be incorporated into contract before it has legal effect. There are three ways of exemption clause which might be incorporated into a contract: by signature, reasonable notice and previous course of dealing. When a term is unusual, the attention of other parties is drawn to it when the contract is made. The example is in case Interfoto Picture Ltd and Stiletto Visual Programmes Ltd 1988[16]. However, there are some people or organizations who rely on the exclusion clause to make benefit for themselves, the court will interpret any ambiguity. It means that the terms must be clear and specific to be easy for other parties to understand. For example, in the case Hollier and Rambler Motors 1972[17], the acts of the garage can be considered as the negligence. Reference pages: 1. Common law, BPP professional Education 2. Contract Law, Catherine Elliott and Frances Quinn 3. http://www.citizensinformation.ie/categories/consumer-affairs/consumer-protection/consumer-rights/unfair_terms 4. http://www.bluemaumau.org/contract_adhesion 5. http://www.innovation.gov.au/General/OSB-marketsSection/Pages/WorkingwithContractsStandardformcontracts.aspx 6. http://en.wikipedia.org/wiki/Standard_form_contract

The Recalcitrant Director Case - 873 Words

9/13/2014 The Recalcitrant Director at Byte Products, Inc. CORPORATE LEGALITY VERSUS CORPORATE RESPONSIBILITY | The Recalcitrant Director at Byte Products, Inc. CORPORATE LEGALITY VERSUS CORPORATE RESPONSIBILITY | The Recalcitrant Director at Byte Products, Inc. Table of Contents: Questions | Page | 1- If you were one of the board members, how would you have initially voted for the proposal? What would your vote be after the recess in the meeting? Why? | 2 | 2- Should the Byte executives tell the town administrators and potential employees that this is a temporary plant, to run for three years? | 2 | 3- What impact does a plant closing have on a†¦show more content†¦2- Should the Byte executives tell the town administrators and potential employees that this is a temporary plant, to run for three years? Sure The Byte executives should tell the town administrators and potential employees that this is a temporary plant, to run for three years because of the bad impact of the plant closing on the potential employees, ethically the employees should be informed that the plant is temporary that gives them the chance to arrange and to plan for their life after the closing. 3- What impact does a plant closing have on a small town like Plainville? What impact does the closing have on the employees? The impact of the plant closing on a small town like Plainville, the employees will lose their jobs, the tax base of the community will have been destroyed, properly values will decrease precipitously, and practically the whole town will be unemployed. 4- Can you suggest any compromise for the present impasse? Elliott’s team might discuss many options before bringing it to the board: 1- Byte may go for domestic licensing for its products and process technology. 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