Contract memorandum Essay

Teri is a firefighter who lives and works in Boston, Ma. She is selling her home and found a buyer named Jack. Teri received an offer from Jack for $300,000. Teri accepts the offer and they sign a contract to that effect. After the contract is signed, Teri learns of a Boston rule that all firefighters must live within the Boston city limits. Teri decides not to move and contacts Jack to let him know she won’t be moving after all. Jack sues Teri in municipal court, asking for specific performance in accordance with the original deal. Teri argues that, although specific performance is usually appropriate in land sales contract cases, the judge has the discretion to deny specific performance. ISSUE #1: Whether Jack is due specific performance? RULES: In Raynor v. Russell, 353 Mass. 366 (Mass. 1967), a police officer had entered into a contract to sell his home. The police officer was planning to move to property in a town more than ten miles from the city, but because a certain statute was accepted by the city in effect requiring its police officers to live within ten miles of it, was not an adequate ground for denying specific performance of the contract sought by the purchaser in a suit in equity. Also stated in Raynor, The court held that †the prospective purchasers were entitled in lieu of the relief granted by the final decree to specific performance upon payment of the purchase price less the amounts already paid as a deposit, as well as interest thereon.† The court also concluded that â€Å"there was not any hardship shown sufficient reason for denying specific performance.† The court held that because specific performance was to be granted, the price set by the oral agreement made by the buyers must be paid. In Joseph A. Cardillo Revocable Trust v. Cardillo, 17 LCR 55 (Mass. Land Ct. 2009), is that Joseph seeks specific performance of the agreement and an order that Charles be compelled to convey the subject property to Joseph for a consideration of $ 125,000. Specific performance is also permitted when the buyer reasonably relied on a contract and the continual assent of the selling party and the buyer’s position has been changed for the worse. Also stated in Joseph, the court ordered â€Å"specific performance of a written agreement between two brothers dividing up a plumbing business that included the purchase by one of the brothers of the other’s 50% interest in the business real estate held by the two as tenants in common.† ANALYSIS: A Judge will grant specific performance in a land or real estate deal as stated in Raynor,†the purchasers were entitled of the relief granted by the final decree to specific performance upon payment of the purchase price less the amounts already paid as a deposit, as well as interest thereon.† Since Teri had signed a contract with Jack the Judge should grant Jack specific performance based on the original agreement. As stated in Joseph, Specific performance is permitted when the buyer reasonably relied on the contract with the seller and the buyer’s position has changed for the worse. CONCLUSION: Therefore, specific performance is not a strict and absolute right and it rests in sound judicial discretion. Jack should receive specific performance because of the duty owed him in the original signed agreement. ISSUE #2 However, will Teri’s circumstances cause the judge to use his discretion and deny specific performance? RULES: In A. B. C. Auto Parts, Inc. v. Moran, 359 Mass. 327 (Mass. 1971), the plaintiff appeals from a final decree in the Superior Court denying specific performance of an alleged oral contract to sell property in Cambridge and ordering the return to the plaintiff with interest of the deposit it paid to the defendant concurrent with the alleged making of the contract. In order to entitle the buyer to specific performance on a contract of sale, it is necessary that the buyer tender the purchase price to the seller on behalf of the buying corporation within the reasonable time implied by law unless the seller evidences an unwillingness or inability to convey. Also stated in A.B.C. Auto Parts, the court stated that â€Å"in order to entitle him to specific performance on this contract it was necessary that Kagan tender the purchase price to the defendant on behalf of the plaintiff corporation within the reasonable time implied by law unless the defendant evidenced an unwillingness or inability to convey.† There was evidence that Kagan was ready, willing and able to perform, and this was all that was required in the circumstances. ANALYSIS: The Massachusetts Superior court may deny specific judgment as stated in A.B.C. Auto parts, an order Teri to return the deposit with interest to Jack concurrent with the making of this contract, if the judge uses his judicial discretion in doing so. CONCLUSION: Therefore Jack is due his duty of specific performance because of the binding contract that he had with Teri. However, the judge may use his discretion and deny the specific performance to Jack and require the return of Jack’s deposit as stated in A.B.C. Auto parts. It is to the judge’s judicial discretion.

Personal Administration Essay

Personnel administration, better known as human resources (HR) management, is the coordination and regulation of employees in a company. It involves organizing, recruiting, hiring, training, and assessing workers. Conflict resolution and legal compliance also are important aspects. With a good HR team doing their jobs well, a company will often be ultimately more efficient and competitive, generating additional revenue. Organization In most businesses, a well-organized workforce translates to greater efficiency, productivity, and revenue. The first goal of personnel administration, therefore, is to organize all employees in such a way that allows them to cooperate and complete tasks in the best way possible. Examples of issues in this area include how many departments are necessary, how many individuals should be in each department, what the manager to employee ratio should be, and what alternate chains of command should be used when managers cannot be contacted. Organization also deals with how to assign individuals to specific projects, as well as keeping the employees healthy and safe in the work environment. Recruitment and Hiring Once those in a company’s personnel administration team know how to organize workers and their projects, they begin to recruit and hire employees actively. They post notices about positions available, organize or take part in events such as job fairs, and conduct initial interviews to find the most qualified and experienced candidates. They then pass on information about the final candidates to department managers, who often conduct the last interviews and make the call about whom to hire. Training Employees who are new to a company do not always know the business’ policies and procedures, even if they have incredible experience and skill sets. Training is almost always necessary to remedy this. Members of the HR department may develop the training events and documentation needed to get employees working efficiently. They also put together and oversee additional training, such as that needed to advance to a different position in the company. In some instances, they partner with various educational  institutions to develop programs that will allow employees to get certifications or degrees related to the industry. Assessment Most companies want to know that their employees are performing at a certain level. They also want to know that the workers are following policies and procedures well. One duty of the personnel administration team, therefore, is to develop techniques and tools that managers can use for assessment purposes. A common example is a standardized form for an employee performance review. HR workers use the data collected through these items to analyze the activity within the company and to make decisions such as whether to increase pay. Conflict Resolution An advantage of using people over machines is that individuals can be innovative and display logical thought processes based on experience, but people do not always get along as they strive to do this. The HR department is responsible for resolving conflicts that may arise in the company, especially those between different levels of management. They also work to resolve conflicts that are not interpersonal, such as a new employee feeling out of place in his work environment. Keeping detailed records related to these activities is a must, as some conflicts eventually lead to disciplinary action or termination that, if not properly executed, can lead to lawsuits. Personnel management workers generally have an easier time resolving conflicts when they have a solid framework of clear policies and procedures to fall back on. The policies and procedures let the personnel department employees remain objective as they try to find viable solutions. They also ensure that any solutions proposed are in line with company objectives. The HR team works closely with members of management to put together policy and procedure documentation for this reason. Legal Compliance Members of the HR team look at policies and regulations not just for their company, but for their jurisdiction. They ensure that employees fill out the proper tax forms, for example, and any other government required paperwork. This task is challenging because new legislation is passed regularly, requiring the personnel administration workers to adjust the activities and documentation within the business. It is critical because failure to comply  with even one regulation can put the reputation and operation of the company at risk. Personnel Administration The scope of personnel administration is quite wide. It includes all activities which help the management in getting the work done by the labour force in the best manner possible to accomplish the organizational objectives. The main objective in any organization is the optimum utilization of available resources. Personnel administration is primarily concerned with the organization of men; therefore, the main objective may be summarized as to utilize the available human resources in a a way so as to get the work done effectively to the maximum satisfaction of the individual worker to seek their cooperation in accomplishing the general goals of the organization. The objectives of personnel administration can be classified into General objectives and specific objectives. General objectives 1. Maximum individual development – the employer should always be careful in developing the personality of each individual. If an act of the employer can adversely affect the personality of the individual, he should avoid it. Employer should establish and support such human values that may have social recognition and importance. They should always be regarded as partners and given due importance. The objective of Personnel administration as a bridge between the management and the employees is to keep the management apprised of positive accomplishments and warning signals in the personnel practices. If the human assets of an organization are being misused in the process of profit maximization, it is definitely a short term achievement, because in the long run, the adverse effects felt by the work force will translate into lesser profits for the organization. 2. Desirable working relationship between employer and employee – it is the major objective of personnel administration to achieve a desirable working relationship between the employer and the employees so that they may cooperate with the management. Both of them must rely on each other. The personnel administrator should get it realized to the top management that personnel should be given fair and equitable treatment and on the other hand, convey to the workers that they  should cooperate in achieving the goals of the management. The basic responsibility for the personnel lies with the supervisors although the administrator supplies tools such as policy, record keeping, control and advice. His objective is therefore to ensure that the line supervisor is aware of his personnel responsibilities and carries them out responsibly. Simultaneously he should also ensure ethical conduct amongst all personnel and on the part of each supervisor towards each employee for whom he is res ponsible. 3. Specialized services – The administrator provides the tools such as record keeping, policy making, controlling and advising. Although not directly responsible for the personnel, who lie with the line supervisor, he may examine causes for non-efficiency or non-effectiveness, suggest remedial measure, perform research into proposed personnel procedures, handle negotiations with a government agency, etc. The basic objective here is to provide assistance to the line supervisor whilst simultaneously ensuring that the line supervisor meets his responsibilities to the personnel. 4. Molding of human resources – Human beings is the most important resource and the only active factor which engages all other factors of production. Therefore, the administrator should emphasize the effective utilization of human resources as compared to physical resources so that production and productivity is optimized. Other factors of production will be ineffective without effective molding of human resources. Specific objectives 1. Selection of the right type and number of persons 2. Proper orientation and introduction of new employees to their jobs 3. Organisation of suitable training facilities 4. Provision of better working conditions and facilities. 5. Provision of sound, fair and effective wage and salary administration and incentives. 6. Good industrial relations with representative trade unions 7. Personnel research Duties of Personnel Staff In a dynamic working environment, the boundaries of any role cannot be clearly defined. However, the duties of Personnel staff may be described as under:- 1. As a Service Provider – providing information on market statistics of personnel availability, pay rates, etc. Interpret the complex  laws and legislations. Employment and placement programs, employee compensation programs, training and development programs, labour relations could be stated to be the duty as a service provider. It must be noted that there will often be an overlap between the different roles that a Personnel staff may assume 2. As a facilitator – advises the supervisors on employee problems, facilitates training and development, and when performance appraisals are done. One of the responsibilities of Personnel staff is also to ensure that other managers who undertake such activities are well equipped to do so. 3. as a consultant – to help the supervisors resolve problems due to lack of motiv ation, lack of training, grievances, etc. 4. As an auditor – to ensure that all members of the management perform their respective roles, to determine whether personnel policies and procedures are being administered uniformly by supervisors.

Leadership in Today's Education System in America Essay

Leadership in Today's Education System in America - Essay Example The university is reviewing the other models to see if they better portray the leadership in military. 1 In USA the knowledgeable and effective school leaders are extremely important. This is to determine the technology use and to understand of learning of the students. These two issues need the leadership qualities in principals and teachers. The administrators used to feel uncomfortable about the leadership qualities, but the removal of uncertainty implemented effective technology and leadership qualities. This is by developing own knowledge about technology, discipline, management, learning and understanding. Technology has been a significant factor in the above factors. 2 According to Heifetz the leadership is a change or adaptive process. This is for addressing the conflicts in the values people hold. This can diminish the gap between the different values of the people. This makes them stand for the facts they have to face. In the past the views of the leadership involved managerial or operational functions. Now the discipline, learning and understanding has to be involved in them to make teachers, principals and educational leaders to guide the student community towards the changing times without or with minimum conflict. This is due to the fact that the American education cannot continue as usual with the systems from 70's. The previous system produced managers but not leaders who can take care of curriculum, instruction and assessment. When the education is concentrating only on management and not on learning and understanding, the principals, teachers and educational personalities cannot be good leaders to resolve the conflicts in the education system. After 1980 the data driven decision making came to the fore. The test results and school design were the chief topics and professional development workshops evolved. The system sought the school leaders to be instructional. This focused on staff, students and parents to concentrate on student learning that is emphasized by effective teaching. School leaders were exhorted to become instructional leaders and focus the staff, students, and parents on student learning by emphasizing effective teaching and learning strategies, use of data for decision making, parental involvement in schools, and more. In the present situation the administrators in educational institutions are managing operations of the institutions focusing on student learning, standards, high stakes accountability and performance assessments. These include the restructuring efforts. This resulted in the excessive work loads for the administrators, teachers and students as it resulted in shifting from operational to instructional leadership. The following is the quote of Lasway and Mazzarella and Grundy in 1995. "At a minimum, we can be sure they [school districts] want someone who can carry out a long list of specific duties. The new principal will be expected to arrange class schedules, resolve discipline problems, administer a labor contract, evaluate teachers, and apply the oil of public relations to points of friction with the community. And that's just in the morning." This is a follow up of the emphasis laid on standards based school leadership in 1990s. Though the focus on the standards is convincing, there is a current need for renewal of focus on

Internet retail marketing Coursework Example | Topics and Well Written Essays - 2250 words

Internet retail marketing - Coursework Example The paper has been written by Cathy Hart, Neil Doherty and Ellis-Chadwick. The two main aims of the paper are: To investigate the role of internet in the retailing business in UK and the different services that can be offered via the internet. To investigate the current size and scale of online retailing, along with the potential growth in the future. 2. Critical Analysis The research paper includes an extensive research study on the respective topic. The authors provide the readers with relevant research findings from available literature and the results of their own research regarding numerous UK retailers’ websites. The authors have based the success of online retailing on a diverse range of factors that shall be evaluated individually in the paper. They have also repeatedly compared the online retailing trends with those present in US; such comparisons seem futile due to the differences of culture and market segments. The concern about different demographics between both t he regions has also been mentioned by the authors but it doesn’t cease the continuous comparisons with the respective region. In the beginning of the paper, the authors include useful research findings about the views of other researchers regarding the acceptance level of internet in the domain of online retailing. ... This notion by Ernst and Young shows that customers tend to prefer the traditional modes of retailing over the newer ones. This research finding is interesting but cannot be used to portray the current trends of consumer behaviour since it reflects the patterns which are more than a decade old. Hart, Doherty and Chadwick (2000) quoted the research findings of Nua Ltd., (1997) who stated that there exists a lack of techniques for the measurement of online customers, functions and services offered through retailers on the internet. The authors of the chosen paper agreed with the lack of availability of such techniques and proposed a ‘pro forma website assessment document’. With the help of this document, the internet functions were categorized into the three following categories; Registration: The availability of a â€Å"uniform resource location† (URL) is considered to be a sign of online activity and presence of the retailer on the web. Information Provision: refe rs to the type of information that is provided on the websites by the retailers for their customers. The types of information had been divided into three categories; products, financial and other information. Products information contained prices, descriptions, product comparisons etc. Financial information contained company reports, annual reports etc. Other information may include store locators, environmental information, press releases etc. Interactivity: refers to the level of functionality that is present on the website; it may be present in various forms like online ordering and payment solutions. These classifications formed the basis of evaluation of the retailer websites for the survey that was conducted by the authors of the research paper. The pro

Food and beverage manager Research Paper Example | Topics and Well Written Essays - 750 words

Food and beverage manager - Research Paper Example Professionalism and efficiency are some of the attributes of a good food and beverage manager. This paper will analyze the food and beverage manager in the context of the required education and skills, his duties and responsibilities, his remuneration, and other job opportunities available for him. Food and beverage managers require great customer skills and management skills in their course of work. Hence, for one to become an efficient food and beverage manager, the following minimum qualifications are necessary. One must have completed secondary school level with a least  NCEA Level 2. A good foundation in mathematics, accounting, and languages is useful. They should also possess a diploma or degree in business and restaurant management or tourism. They should also be above 18 years of age. Experience in progressive management, fine dining and special event catering, budgeting, and operational financial management accountability are prerequisites. Any experience in cooking, business administration, and working in work in kitchens, bars, and restaurants is a benefit. In fact, two years experience is required before a person qualifies as a food and beverage manager. Since this job involves public and individual relations with customers, it requires good communication skills , conflict resolution, excellent customer service orientation, and good organisation skills. Additionally, since it involves supervision and communism, experience in a union environment and good leadership skills are significant. Similarly, one needs to be flexible in his decisions and easily adapt to eminent changes since this is a dynamic industry. Because the job entails controls and budgeting, skills in inventory management are basic. They should also posses the ability to multi-task and work under pressure since customer levels keep changing (Bureau of Labor Statistics

English Legal System & Practice Essay Example | Topics and Well Written Essays - 1000 words

English Legal System & Practice - Essay Example 3) Ordinary words must be construed in their common meaning, and technical terms are to given their technical meaning, unless absurdity would result (golden rule). 4) When an Act has a curing of defect in the law for its purpose, any ambiguity shall be resolved in such a way so as to fulfil that aim (mischief rule). 5) When a list of specific items that belong to the same class is followed by general words, the general words are to be regarded as confined to the other items of the same class (the rule ejusdem generis (â€Å"of the same kind†). 6) When a list of specific items is not followed by general words, it is to be regarded as exhaustive (the rule expressio unius est exclusio alterius (â€Å"the inclusion of the one is the exclusion of the other†). 7) When a prior Act is found to be â€Å"on the like matter†, it can be used as an aid in construing the statute in question (the rule in paru materia, â€Å"on the like matter†). 8) When a word or group o f words has uncertain meaning, its construction should proceed in the light of its surrounding words (the rule noscitur a sociis (â€Å"known by its associates†). (â€Å"Rules and Principles of Statutory Interpretation† 295). In addition to these rules, there exist several general presumptions with regard to interpretation of statutes. The latter are presumed: not to bind the Crown in its decisions; not to operate retrospectively in the sphere of substantive (but not procedural) law; not to infringe upon vested rights; not to interfere with the jurisdiction of the courts; and not to contravene Acts on constitutional rights or norms of international law (â€Å"Rules and Principles of Statutory Interpretation† 295). The aforementioned rules of statutory interpretation may be illustrated by the following examples. In London and North Eastern Railway Co v Berriman (1946) the court decided that the claims of damages by the widow of the railway worker knocked down and killed by a train should not be satisfied as the statute provided that compensation was available to workers killed when engaging in ‘relaying or repairing’ tracks, while the worker in question was involved in doing routine maintenance, which the court deemed not being within the meaning of ‘relaying or repairing’ (Elliott and Quinn 44). This case may be taken as an example of literal rule in practice. The golden rule was used in interpretation of Section 57 of the Offences Against the Person Act 1861 in R v Allen (1872), when the court ruled that the phrase â€Å"whosoever being married shall marry any other person during the life of former husband or wife... shall be guilty of bigamy† led to the absurd conclusions, as it was impossible for a person already married to ‘marry’ anyone else, and the wording was accordingly changed from ‘shall marry’ to ‘shall go through a marriage ceremony’ (Elliott and Quinn 46) . Finally, the case of L’Office Cherifien des Phosphates Unitramp SA v Yamashita-Shinnihon Steamship Co Ltd (The Boucraa) (1994) demonstrated the application of presumption against retrospective effect in court ruling (Elliott and Quinn 50). This and other cases show how the rules of statutory interpretation are applied in the English case law. 2. The System of Judicial Precedent and the Right of House of Lords not to Be Bound by Its Own Past Decisions The modern English case law grew up out of standardisation of various ‘common laws’ of England undertaken by William the Conqueror in the second half of the 11th

GROUPS PROFESSIONAL IDENTITY, FUNCTION, AND ETHICS Research Paper

GROUPS PROFESSIONAL IDENTITY, FUNCTION, AND ETHICS - Research Paper Example Most importantly, the identity, function, and ethical requirements in group work as a professional and Christian counselor will be given emphasis including Biblical value reviews in ministering small groups which explores God’s truth and how client needs can be met by participating in an intimate group setting. Keywords: group counseling, counseling, group therapy, Christian counselor Introduction Professional group counseling covers multi-faceted perspectives in the psyche life of different types of people. This is considered part of psychology â€Å"in action†. Although group counseling has the guidelines and parameters to follow as provided by a number of books on Group Counseling authored by experts on the fields like G. Corey , S. Venkates, Jacobs, et.al, Corey and Callahan, the code of ethics from the American Counseling Association (ACA) and the American Association of Christian Counselors (AACC), among others, that can guide group counselors or facilitators in t heir conduct of their group counseling, this field of group counseling, is still faced with a number of challenges and issues like multicultural diversity, ethical issues covering confidentiality and dual practice (group and individual counseling) , ACA vs AACC code of ethics, Christian vs secular counseling, etc. These challenges and issues must be addressed accordingly for the practice to proceed and develop in the way it should be. Perhaps, this overview of professional group counseling would provide some enlightenment on gray areas understudy. Thesis Statement This paper seeks to bring herein some evidence or facts regarding selected issues about group counseling like the misinformation and interchanging use of such concepts as guidance, counseling and therapy; the issue on having a secular and a Christian group counselor, â€Å"dual relationship† counseling practice, and how to select a group leader or counselor. These are some areas that this paper will present in the h ope that further enlightenment can be achieved or better conclusions can be derived for future academic research undertakings. An Overview of Group Professional Counseling Early Beginnings Joseph Pratt (1905, applied first formal therapeutic group experience), Alfred Adler (1922, pro-runner of group counseling), and Jacob Moreno (1922, pioneer for group and psycho therapy), Trigant Burrow (1935, psychoanalytic group analysis) and Kurt Lewin (1940, founder of theory based on Gestalt principle) were noted to be the first to use group counseling† (Berg, et.al, 2002). During this stage of counseling field development, clients were seeking social interaction which was often found within groups. Several early counseling groups that you even see today developed through time. Jacobs et.al described these groups based on their own group categories by functionality, as follows: â€Å"a)Education group – provides clients with various information; b) Discussion group– focus es on issues or topics and not on the members personal concern; c)Task group- that which needs to accomplish a task or task-oriented activity ; d) Growth and Experiential group is a group wherein a member wants to be in a group and is motivated to learn more about themselves in a group like T-groups; e) Counseling and Therapy group differs from the growth groups because members come to the group for certain problems; f) Support group- enables members to learn other people’

The Baroque Era Art and Modern Art Essay Example | Topics and Well Written Essays - 250 words

The Baroque Era Art and Modern Art - Essay Example According to Craig Lockard (451), Baroque artists placed more focus on new perspectives such as movement, amplified light, tension, decorations, and strong emotions to produce the various quality artworks. The enlarging horizons of thinking created by the Renaissance and Reformation resulted in an extravagant and, as considered by many people, outrageous artistic movement in the 1600s. In the modern art, artworks are made powerful by the use of current features such as color, form, and line to come up with often violent paintings that are both indications of creativity and uprising against convention. The current group artists are said to be inspired by various French artworks and architecture and the theatrical Italian Baroque style art. Although slightly different from the Baroque era, the Greek myths also continued to encourage some prominent artists during the period beginning the 20th century. In conclusion, the end of the Baroque era perhaps, had a significant impacted on the m odern state of art since it ushered in a new age of ornamentalization. Various forms of art such as painting and dà ©cor both opted to involve ornaments including the common paintings such as â€Å"the Garden of Earthly Delights.† As a result of forces causing a drift from the Baroque period, painters and sculptors also shifted from producing overdone artworks back to producing more sleek, modest and sharp finish. The world has seen massive transformations in the state of the modern art where it remains evident.

Nursing Care Plan of Skin Essay Example | Topics and Well Written Essays - 750 words

Nursing Care Plan of Skin - Essay Example Benito was asked how long he has had the growth on his back. He responded by indicating that the swelling had been there for a period of about six months. The next assessment involved asking Mr. Benito some few questions to help in carrying out the characteristic assessment. The patient was asked if the growth had been bothering him in any way to which he responded that it did not. However it as noticed that the growth was releasing some kind of fluid. The patient further stated that the mole was dark in colour and oddly shaped. There was also an assessment of aggravating factors but none was found. The next course of action in the procedure was to carry out background check on the patient. This is normally done to find out the patients lifestyle or any other complication that he might have had so that this could be taken in to consideration when deciding on the treatment to be given to the patient. It was found out that the patient was a competitive athlete who spends a lot of hours of the day training. He also indicated that he does not wear any kind of skin protection because he believed that his dark skin cannot be hugely affected by the rays of the sun. In addition, he said that he usually goes to Hawaii for windsurfing and to relax in the each. After the above discussed assessments that were done, the next one was now the skin assessment test which involved physical examination of the growth that was on the patients back. The A B C D E method was used to check and examine the growth on Benito’s back. The A in the above method stands for asymmetry. This is used to check if half of a mole does not match the other half. It was found that the mole was irregular in shape. The B stands for Borders and it involves examining the borders of the mole with the finding being that it did not have any regular edge, but rather it had several notch areas. The C stands for Changes in colour. For the case of Melanoma, which Benito