Draining Lake Powell :: Nature Environment Papers

Draining Lake Powell This paper explores the fight between draining Lake Powell and keeping it as is. It discusses the gains and the losses due to environmental, economical, and political issues. The bibliography uses sources from public interest publications, environmental organizations newsletters, and government publications to give many sides of the argument and many issues dealing with the subject matter. REFERENCES AND ANNOTATIONS Chattergee, Sumana. â€Å"Hill gives energy-water added money.† CQ Weekly 24 Oct. 98: 2905. CQ weekly is a paper that focuses on the actions of the US government. They call themselves â€Å"100 reporters and editors, focused solely on Congress, analyze trends, members and upcoming Hill activity.† The paper actually shuts down when the senate and house is at recess. This article spotlights a bill giving money to water and power studies and plan implementation. The article is a good informative letter on the use of this money, and plans that the government has for it. It shows actual thoughts and decisions from US senators and representatives. It shows the use of money to specific programs, as well as totals. It is a good source to find the economic drains and helps along with the government sentiments on the subject. Franklin, Chris â€Å"Let the Colorado River run free† Earth Island Journal Spring 97: 23. The Earth Island Journal comes from the Earth Island Institute, an environmental foundation which is dedicated to the protecting of our worlds environment, plants, and animals. It did seem strange that in the mission statement they mentioned one living thing to save, the sea turtle. They were created in 1982, and have 32 worldwide projects. Their journal, the Earth Island Journal, is said to be a â€Å"tree free† print. What is it printed on I wonder? This article focuses on more than Lake Powell; it talks about the 11 dams which are now on the Colorado, and the ecological changes which are taking place along the whole of the river. It uses examples from the Glen Canyon dam to help the argument, but still does not talk about any positive changes in the Colorado River ecosystem.

When termination of pregnancy is permissible

The debate about termination of pregnancies has been raging for a long time and it has been pitting the pro abortionists who believe that abortion is permissible under certain circumstances and the anti abortionists who believe that abortion is not permissible under any circumstance. From a logical perspective, the pro abortionists seem to be sensible because there are certain situations where abortion must be carried out. There are some situations where abortion is moral and ethical meaning that it is permissible.One of the situations where abortion is permissible is when abortion is permissible is when the life of the mother is in danger. When the life of the mother is in danger, do you save the mother or the child?. This situation can be supported by the ethical theory of utilitarianism. This theory states that any act is ethical and moral if it is done to benefit the larger percentage of the society and an act is unethical if it is done to the detriment of a larger percentage of the society.It this theory is brought into the issue of pregnancy it is easy to understand why termination of pregnancy is permissible in case the life of the mother is at risk. The question that one needs to ask is; who between the child and the mother is more beneficial to the society? The mother could be a woman who has some other children who need to be taken care of. The mother could be a breadwinner in her family. This mother could be a public servant and her demise would affect the services she used to render to the nation. The mother is a relative and a friend to many people and her demise would affect them emotionally.However, this child does not have as much value to the society as the mother meaning that the life of the child is not as important as that of the mother (Sedgh 2007). Therefore , saving the life of the mother, from a utilitarian point of view is more beneficial to the society more than saving the life of the child. Saving the life of the child while letting t he mother to die is not ethical because this will present a problem for the child who will have to grow without motherly care and love while the society will place an extra burden to the society which will have to bring up a child in the absence of the mother.Therefore, in case the life of the mother is threatened by a pregnancy, then termination of such a pregnancy is permissible and supported by the ethical theory of utilitarianism. Another instance under which abortion is permissible is when a woman becomes pregnant after an incident of rape. Though pregnancies arising from rape are rare it is important to note that some pregnancies occur after incidences of rape. Why is pregnancy that arises after an incidence of rape permissible? To start with, rape is a tragic act that violates the body of a woman and also affects her mental health a great deal.Psychiatrist s argue that the mental health of the woman can be safeguarded if a pregnancy arising from such tragic acts such as rape is terminated. From a legal point of view, it is argued that rape is an act of violation, a grave injustice meaning that it is unjust to force such a woman to carry a pregnancy arising from rape to viability. The pregnancy will keep reminding the woman of the violence committed against her and this would last for nine months of the pregnancy and whenever she sees the child.This would make the woman live with a lot of mental anguish. From a utilitarian perspective, it is quite ethical and moral to terminate this pregnancy because the mental health of the woman is of a higher value than the life of the fetus. From a humanitarian perspective, the fetus is also considered an aggressor against the integrity and the personal life of the woman and it is defensible and permissible to terminate the pregnancy as a way of defending the personal and human values of the woman because these values are robbed of her by the violent act of rape.Those opposed to abortion argue that termination of a p regnancy arising after an incident of rape is not permissible because that pregnancy can avoided according to these anti abortion activists, conception does not occur immediately after sexual intercourse meaning that pregnancy can be avoided in all instances of rape especially if the victim receives medical treatment immediately after the attack to remove the male semen from the uterus to ensure that fertilization does not take place.However these people fail to realize that rape is a traumatizing act that destabilizes the mental state of a victim meaning that making decisions such as visiting a medical center for immediate treatment may not be easy for the victims. It is good to avoid the pregnancy by seeking instant medical help but in case the pregnancy occurs then it is very permissible to terminate it to safeguard the mental health of the mother.There are other anti abortionists who argue that the unborn children resulting from rape have the right to live because they are as in nocent as the mother. They claim that the rapist is the aggressor and not the unborn, but it is important to note that the child will always remind the woman of the violent action during the entire pregnancy and even after the birth of the child. The mother may not be able to give utmost love and care to the child because the child is unwanted and brings traumatic memories to the mother.This means that relieving the mental suffering of the mother is more important than the right to live of the fetus meaning that is ethically permissible to terminate a pregnancy arising from an incident of rape (Finer, 2000). The third instance where termination of a pregnancy is permissible is a situation where a woman gets pregnant as a result of incest. However, this situation depends with the nature of incest because if the woman willingly participates in an incestuous intercourse, then termination of such a pregnancy is not permissible.However, if the woman was forced by the second party to part icipate in an incestuous intercourse against her will, then a pregnancy arising out of such a situation can be terminated without moral and ethical questions being raised. This is because there are very few differences between a forced incestuous intercourse and rape. Both of them violate the dignity and the mental stability of the woman and a child arising out of such an intercourse is usually an aggressor towards the woman.The child will forever be a reminder to the woman of that degrading incident that violated her dignity and self worth and this will affect the mental health of the woman for a long time. Just like in rape where the pregnancy is terminated to safeguard the mental health of the woman, a pregnancy arising out of a forced incestuous intercourse can be terminated because the mental health of the woman is more important than the value of life of an unborn fetus, who in the first place is an unwanted child who will never get enough motherly love, care and attention fro m the mother.The fourth circumstance may appear controversial but a deeper look into the argument will expose the logic. According to some pro abortionists, women can be forced to carry a pregnancy to viability just because it is unethical to terminate that pregnancy but the question that arises is; is that woman ready to bring up the child. The woman may have engaged in a sexual activity with a man after mutual consent but gets pregnant accidentally, meaning that she wasn’t ready for the pregnancy.This kind of a pregnancy is called an unwanted pregnancy. In most cases, when women give birth after carrying an unwanted pregnancy to viability, they are never able to give their children the relevant motherly love, care and attention and they usually neglect these children meaning that they are never able to enjoy quality life. Some of these women especially in the third world countries throw the children away after birth or when they are very young and these children usually bec ome street children.The big question that arises is; which is more ethical between giving birth to an unwanted child then let the child to suffer for their entire life or terminating an unwanted pregnancy before the fetus becomes a human being. The later seems to be more ethical because it prevents the lifetime suffering of an innocent child. This means that if a woman feels that she cannot really take care of the child she is carrying despite her being responsible for its conception, then the termination of such a pregnancy is morally and ethically permissible.Moreover, women have an ethical claim to their body meaning that thy have bodily autonomy which should be regarded as integral to the conception of an ethical and free society that embraces democracy. This autonomy is an ethical necessity meaning that no one should force a woman under any circumstance to carry a pregnancy to viability (Bankole,1998). There are some cases where women are forced to terminate pregnancies because of their careers. Is this termination of pregnancy defensible and permissible?When a woman really knows that she cannot be a good mother and abort the child they are carrying, they are making the most ethical decision ever because it would be quite unethical to give birth to a child one cannot care for. This means that in such a situation, abortion is permissible. Some of the instances described above may appear controversial especially to those who approach the debate with a closed mind. While religious doctrines and values are not inferior to the secular approach, it is important to note that religious values cannot be a background for tenets that apply to all citizens. List of referencesBankole, A. 1998, Reasons Why Women Have Induced Abortions: Evidence from 27 Countries. International Family Planning Perspectives, 24 (3), 117–127 and 152. Retrieved 2006-01-18. Finer, L. 2005, Reasons U. S. women have abortions: quantative and qualitative perspectives. Perspectives on Se xual and Reproductive Health, 37 (3), 110–118. Retrieved 2006-01-18. Sedgh, G, 2007, â€Å"Legal abortion worldwide: incidence and recent trends†. Int Fam Plan Perspect 33 (3): 106–16. World Health Organization. 2004, â€Å"Unsafe abortion: global and regional estimates of unsafe abortion and associated mortality in 2000†. Retrieved 2009-03-22.

The New Yorker July 21, 2008 Cover: Satire or Racist?

On the fourth week of July 2008, people were astonished as The New Yorker Magazine graced the stands. The cover page showed Barry Blitt’s illustration depicting Barrack Obama wearing a traditional Muslim outfit with a white cap or taqiyah, a white robe or thawb in light brown overtones covering a pair of black pants and brown sandals. Obama’s taqiyah covered a turban that showed his ear prominently unlike Middle Eastern Arab turbans that cover their ears. Moreover, his thawb length is midway between the knee and the ankle which reflects an orthodox Muslim dress code. Obama is also shown doing a knuckle greeting with his wife Michelle that â€Å"Fox News’ E. D. Hill calls a ‘terrorist fist jab’†¦ [that is] †¦usually seen used by other prominent terrorists†¦Ã¢â‚¬  (The Acropolis). Meanwhile, Michelle Obama was shown in an afro hairstyle, a black blouse, camouflage pants and combat shoes. She also has a bandolier and a grayish-greenish, banana-type assault rifle slung at her back. The rifle looked much like an AK47 variant without the AK’s trademark brown, wooden stock. Barrack and Michelle stood at the oval office in a happy demeanor. Barrack was portrayed with his usual serious, but smiling face while Michelle’s smile was more obvious that revealed her prominent cheekbones in a blush. Michelle stood by the left side while Barrack stood by the right side. At Barrack’s back is a golden framed half-faced portrait of Osama Bin Laden in pure white cap and robe and just below the portrait is a fireplace showing the American flag with flames but not yet burnt. The New Yorker’s cover page certainly had shock value yet after careful thought and research, the illustration was really a satire rather than a racist statement. According to the Merriam-Webster Online Dictionary, a satire is â€Å"a literary work holding up human vices and follies to ridicule or scorn; and trenchant wit, irony, or sarcasm used to expose and discredit vice or folly† (â€Å"satire†). The Encyclopedia Britannica further elaborates that a satire is an â€Å"artistic form, chiefly literary and dramatic, in which human or individual vices, follies, abuses, or shortcomings are held up to censure by means of ridicule, derision, burlesque, irony, parody, caricature, or other methods, sometimes with an intent to inspire social reform† (â€Å"satire†). Racism, on the other hand, is â€Å"a belief that race is the primary determinant of human traits and capacities and that racial differences produce an inherent superiority of a particular race; and racial prejudice or discrimination† according to the Merriam-Webster Online Dictionary (â€Å"racism†). Racism is further elaborated as â€Å"any action, practice, or belief that [says]†¦that humans are divided into separate and exclusive biological entities†¦[and that]†¦a causal link between inherited physical traits,†¦personality, intellect, morality, and other cultural behavioral features†¦[make]†¦some races†¦innately superior† than others by the Encyclopedia Britannica (â€Å"racism†). As a satire, the illustration has a meaning behind it and should not be taken literally as what it is shown. However, some people will easily take the meaning of the illustration as a racist statement and think that the artist, Barry Blitt, thinks Barrack Obama and Michelle are not worthy to lead this country. The New Yorker Magazine has been published since February 21, 1925 and is sold nationwide. Its format deals with political commentary and cartoon covers that are somewhat ‘unreal’ yet funny. It is also quite proud of its Cartoon Bank and â€Å"sells prints of†¦cartoons and covers†¦Ã¢â‚¬  A quick view on the contents of its July 20, 2009 issue show some topics as follows: a) Hendrik Hertzberg on Sarah Palin; b) John Colapinto on Senator Al Franken; and c) Elizabeth Colbert on America’s obesity problem, to name a few. The Obama cartoon was published on July 21, 2008 right at the heat of the US Presidential Election campaigns. Various rumors during that time have circulated accusing Barrack Obama as a â€Å"‘radical Muslim’ who ‘will not recite the pledge of allegiance’† (Snopes. om, â€Å"Barrack Obama†) and have sworn in on the Quran as Minnesota Representative Keith Ellison did (The Acropolis) (Snopes. com, â€Å"Who is Barrack Obama†). Issues also included President Barrack Hussein Obama Junior’s middle name ‘Hussein’ which was associated with former Iraqi dictator Saddam Hussein (Snopes. com, â€Å"Who is Barrack Obama†). Moreover, Obama’s wife, Michelle, was not spared from close public scrutiny. Her undergraduate thesis at the Princeton University in 1985 with the statement â€Å"blacks must join in solidarity to combat a white oppressor† has been quoted out of context (Snopes. om, â€Å"Michelle Obama’s Thesis†) and detractors have associated such statement with Black Panther Party for Self Defense political activist, Angela Yvonne Davis (Davis). The State of California charged Davis as an accomplice to conspiracy, kidnapping, and homicide for the shotgun registered to her name that killed Judge Harold Haley in an escape attempt of the ‘Soledad Brothers’ that the Black Panthers supported (Davis). Davis has been acquitted then she temporarily re located to Cuba before going back to the United States and ran as a candidate for the Communist Party USA (Davis). With these rumors, the Blitt cartoon cover for the New Yorker can now be more easily understood. Obama has been dressed as an orthodox Muslim to depict rumors about him as an Islamic radical. In addition, since Obama has been educated in Indonesia as a kid, his Muslim attire closely resembled Indonesian Muslim dress codes rather than the Middle Eastern Muslims’. Accusations against Obama for his ‘unpatriotic behavior’ have also been symbolized by the American flag thrown into the flames of the Oval Office’s fireplace. Michelle has also been portrayed in an Afro hairstyle that was synonymous to Angela Davis. Moreover, since Davis had ties to Cuba, Michelle was dressed as a Revolutionary in camouflage pants with an assault rifle at her back that looked like an AK47—a popular symbol among Communist revolutionaries. It can now also be easily discerned why Osama Bin Laden’s portrait was in the backdrop. First, Obama sounded like Osama. Second, Obama’s middle name ‘Hussein’ is the same as former Iraqi dictator Saddam Hussein’s. These two world figures tied Obama to the rumors that Barrack was a Muslim extremist. As John Aravosis of Weblog described the cartoon: â€Å"†¦New Yorker thinks it’s funny to make Mrs. Obama some radical black panther, Barrack Obama basically a terrorist†¦and they’re even burning the American flag in the Oval Office†¦Ã¢â‚¬  (Stirland). The New Yorker cover on Barrack and Michelle Obama is a satire for the following reasons: a) the magazine has a reputation for satirical cartoons portraying political issues and personalities; b) the artist, Barry Blitt, is a known satirist and has made statements on the issues and rumors surrounding Obama; and c) the cartoon or artwork itself is full of symbolisms that convey irony and sarcasm. Following the same track, Blitt’s illustration is really not a racist statement against Barrack Obama because the New Yorker is a liberal, cosmopolitan publication and the symbolisms of the cartoon show otherwise. A quick look into the New Yorker archives show that the magazine has been consistent since 1925 on its satire, focus on American politics, and political humor. It has developed its reputation along these lines. In a pro-Obama blog entry in The Acropolis, Dylan the blogger has this to say: â€Å"Obviously, the New Yorker cover was satirical. It also elaborates that: â€Å"Even faithful Fox News watchers will have to see the cover and hear anchors admit that it is a satire—that the images it depicts are making fun of rumors that are not true. † Likewise, in an anti-Obama blog entry in the ‘Old Atlantic Lighthouse’ notes: â€Å"The New Yorker Magazine†¦is now in full retreat mode to say it was simply mocking Christianity, Israel, America, the West, white people, the Constitution, self rule, and the resistance to Islam. Most of all, New Yorker editor, David Remnick, explained the controversial cover: â€Å"The idea is to attack the lies and misconceptions and distortions about the Obama’s and their background and their politics† (Stirland). Also, Barry Blitt is a known satirist. He has nine illustrations in the New Yorker with the title â€Å"The Politics of Satire. † He has also made statements about the cover like: â€Å"I think the idea that the Obamas are branded as unpatriotic in certain sectors is preposterous,† and â€Å"It seemed to me that depicting the concept would show it as the fear-mongering ridiculousness that it is. Most of all, his illustration is titled:  "The Politics of Fear. † The title alone that Blitt has coined on his work conveys a message that certain politicians are playing on people’s fear that Obama was black, a Muslim, a terrorist and unpatriotic. Most importantly, the illustration was a satire because the artwork itself is full of symbolisms that convey irony and sarcasm. One, the Obamas were smiling. Two, Barrack’s thawb is not pure white unlike Osama Bin Laden’s pure white cap and robe at the backdrop portrait. A pure white cloth has unique symbolisms in the Islamic faith. Three, Michelle crossed her legs while standing up as if crossing her fingers in wishful thinking. Four, the assault rifle’s color did not really feel like the real AK47 with a brown, wooden stock and wooden barrel encasement. Finally, although the American flag was in the fireplace with flames, the flag was not in flames and is not burning. The flag stayed whole and was not even partially consumed by fire. Nevertheless, some people disagree and contend that the cover was an insult and racist. Jane Hamsher of FireDogLake observed: â€Å"†¦Most people who see this cover are just going to see the image of Obama in a turban. It reinforces a critical piece of misinformation that right wing propagandists have advanced in order to poison the political climate in this country and make it that much more difficult for a person of color to be elected president†¦Ã¢â‚¬  (Stirland). Roger Simon noted: †It probably doesn’t encourage people to vote for him in America today. (Stirland). Likewise, John Aravosis of Weblog said: â€Å"†¦Is the New Yorker so out of touch that they don’t realize that much of America, or at least too much of America, harbors these very concerns about Obama and his wife? † (Stirland). Finally, Matt of The Acropolis, sarcastically observed: â€Å"†¦I’ve heard so many students at MSU tell me, ‘Aw, come on, man. Ever yone knows that guy’s a freaking Muslim. ’ Ok, maybe it was only, like two students, but I’ve heard even more adults say the same thing. It’s truly insane. † In conclusion, Blitt’s cartoon cover of The New Yorker magazine is a satire. The magazine is widely known for its criticisms and satires and literary views on social and political issues. This cartoon is not the first satire that The New Yorker had published or Blitt created. The magazine had no bad intentions for Obama’s political career or his personal life. The New Yorker was just trying to make business and doing what they were known for. Perhaps people should look more closely before making a judgment when they see something out of the ordinary.

Contract Case Study Essay

1.Adams orders one thousand widgets at $5 per widget from International Widget to be delivered within sixty days. After the contract is consummated and signed, Adams requests that International deliver the widgets within thirty days rather than sixty days. International agrees. Is the contractual modification binding? Yes the contract modification is binding because both parties agreed to the modification before the widgets were delivered. When Adams requested the new shipping method and International agreed to the new terms. In problem 1, what effect, if any, would the following letter have? International Widget: In accordance with our agreement of this date you will deliver the one thousand previously ordered widgets within thirty days. Thank you for your cooperation in this matter. (signed) Adams The letter wouldn’t have any affect at all because the contract has already been modified by both parties and had been accepted. It would just be useful if for some reason one of the parties didn’t fulfill their part of the new contract. Browne & Assoc., a San Francisco company, orders from U.S. Electronics, a New York company, ten thousand electronic units. Browne & Assoc.’s order form provides that any dispute would be resolved by an arbitration panel located in San Francisco. U.S. Electronics executes and delivers to Browne & Assoc. its acknowledgment form, which accepts the order and contains the following provision: ‘‘All disputes will be resolved by the State courts of New York.’’ A dispute arises concerning the workmanship of the parts, and Browne & Assoc. wishes the case to be arbitrated in San Fran- cisco. What result The case would be arbitrated in San Fransico because the New York company agreed to their term of â€Å"Browne & Assoc.’s order form provides that any dispute would be resolved by an arbitration panel located in San Francisco† and they didn’t agree to modify the contract to change that. 2. Smith, having contracted to sell to Beyer thirty tons of described fertilizer, shipped to Beyer by carrier thirty tons of fertilizer, which he stated conformed to the contract. Nothing was stated in the contract as to time of payment, but Smith demanded payment as a condition of handing over the fertilizer to Beyer. Beyer refused to pay unless he were given the opportunity to inspect the fertilizer. Who is correct? Explain. Smith is  correct because Beyer contracted him to deliver the thirty tons of fertilizer, and like Smith stated is conformed the contract. Edwin sells a sofa to Jack for $800. Edwin and Jack both know that the sofa is in Edwin’s warehouse, located approximately ten miles from Jack’s home. The contract does not specify the place of delivery, and Jack insists that the place of delivery is either his house or Edwin’s store. Is Jack correct? In my opinion I don’t think jack is correct because it was not stated in a contract that the sofa was to be delivered to jacks home and even with him knowing the sofa was in the warehouse 10 miles away he still purchased the sofa. 6. On November 4, Kim contracted to sell to Lynn 500 sacks of flour at $4 each to be delivered to Lynn by December 12. On November 27, Kim shipped the flour. By December 5, when the shipment arrived, containing only 450 sacks, the market price of flour had fallen. Lynn refused to accept delivery or to pay. Kim shipped 50 more sacks of flour, which arrived December 10. Lynn refused delivery. Kim resold the 500 sacks of flour for $3 per sack. What are Kim’s rights against Lynn? Kim has no rights against Lynn because the order was never fulfilled on her part because Lynn never accepted the shipment of the remaining 50 sacks of flour on December 10. 1. Stein, a mechanic, and Beal, a life insurance agent, entered into a written contract for the sale of Stein’s tractor to Beal for $6,800 cash. It was agreed that Stein would tune the motor on the tractor. Stein fulfilled this obligation and on the night of July 1 telephoned Beal that the tractor was ready to be picked up upon Beal’s making payment. Beal responded, ‘‘I’ll be there in the morning with the money.’’ On the next morning, however, Beal was approached by an insurance prospect and decided to get the tractor at a later date. On the night of July 2, the tractor was destroyed by fire of unknown origin. Neither Stein nor Beal had any fire insurance. Who must bear the loss? Stein will have to bear the loss because even though he fulfilled everything he was suppose to do on the contract Beal never picked up the tractor for him and still had full possession of the tractor on the night of the fire. 7. Smith was approached by a man who introduced himself as Brown of Brown & Co. Brown was not known to Smith, but Smith asked Dun & Bradstreet for a credit report and obtained a very favorable report on Brown. He thereupon sold Brown some expensive gems and billed Brown & Co.  Ã¢â‚¬ËœÃ¢â‚¬ËœBrown’’ turned out to be a clever jewel thief, who later sold the gems to Brown & Co. for valuable consideration. Brown & Co. was unaware of ‘‘Brown’s’’ transaction with Smith. Can Smith successfully sue Brown & Co. for either the return of the gems or the price as billed to Brown & Co.? No he cannot sue for the gems because the items were sold to them as a third party and they had no affiliation with the person who went by Brown at all. 9. Brilles offered to sell his used automobile to Nevarro for $12,600 cash. Nevarro agreed to buy the car, gave Brilles a check for $12,600, and drove away in the car. The next day Nevarro sold the car for $13,000 to Hough, a bona fide purchaser. The $12,600 check was returned to Brilles by the bank in which he had deposited it because of insufficient funds in Nevarro’s account. Brilles brings an action against Hou gh to recover the automobile. What judgment? Brilles wouldn’t be able to get his car or money from Hough because the title was transferred over to him by Nevarro not brilles. Brilles would only be able to get his money back from Nevarro. 2. The Talent Company, manufacturer of a widely advertised and expensive perfume, sold a quantity of this product to Young, a retail druggist. Dentley and Bird visited Young’s store and Dent- ley, desiring to make a gift to Bird, purchased from Young a bottle of this perfume, asking for it by its trade name. Young wrapped up the bottle and handed it directly to Bird. The perfume contained a foreign chemical that, upon the first use of the perfume by Bird, severely burned her face and caused a permanent facial disfigurement. What are the rights of Bird, if any, against Dentley, Young, and the Talent Company, respectively? Bird has the right to go after both the Talent Company because they are the ones who made the perfume and are reliable for their products and young because they were the ones selling a product that they have not used and redeemed safe for their coustmers. 4. A route salesperson for Ideal Milk Company delivered a one- half-gallon glass jug of milk to Allen†™s home. The next day, when Allen grasped the milk container by its neck to take it out of his refrigerator, it shattered in his hand and caused serious injury. Allen paid Ideal on a monthly basis for the regular delivery of milk. Ideal’s milk bottles each contained the legend ‘‘Property of Ideal— to be returned,’’ and the route salesperson would pick up the empty bottles when he delivered milk. Can Allen recover damages from  Ideal Milk Company? Why? No Allen wouldn’t be able to recover anything from the milk company because there wouldn’t be enough proof that the milk container was faulty, even though it might have been 10. Plaintiff, while dining at defendant’s restaurant, ordered a chicken potpie. While she was eating, she swallowed a sliver of chicken bone, which became lodged in her throat, causing her serious injury. Plaintiff brings a cause of action. Should she prevail? Why? Yes she would prevail because the food is not s uppose to have bones in it, and the restaurant is going to have to be liable for their product and pay for the plaintiffs injury’s that she suffered from eating at the restaurant. 1. Mae contracted to sell one thousand bushels of wheat to Lloyd at $5.00 per bushel. Just before Mae was to deliver the wheat, Lloyd notified her that he would not receive or accept the wheat. Mae sold the wheat for $4.60 per bushel, the market price, and later sued Lloyd for the difference of $400. Lloyd claims he was not notified by Mae of the resale and, hence, is not liable. Is Lloyd correct? Why? Yes Lloyd is correct because he inform Mae that he didn’t want the bushels any more, which terminated the contract. Then when Mae didn’t deliver them she accepted that the contract was terminated. 9. Calvin purchased a log home construction kit manufactured by Boone Homes, Inc., from an authorized Boone dealer. The sales contract stated that Boone would repair or replace defective materials and that this was the exclusive remedy available against Boone. The dealer assembled the house, which was defective in several respects. The knotholes in the logs caused the walls and ceiling to leak. A support beam was too small and therefore cracked, causing the floor to crack also. These defects could not be completely cured by repair. Should Calvin prevail in a lawsuit against Boone for breach of warranty to recover damages for the loss in value? Yes Calvin would prevail in court because they stated that they would replace or repair defective material, and the material that Calvin received was defective and it cant be repaired so they have to pay for it to get it replaced or replace it them self’s. 16. Serve best contracted to sell Emessee two hundred thousand pounds of 50 percent lean beef trimmings for $105,000. Upon a substantial fall in the market price, Emessee refused to pay the contract price and informed Servebest that the contract was canceled. Servebest sues Emessee for breach of contract, including (a) damages for the difference between the contract price and the resale price of the trimmings, and (b) incidental damages. Decision? Servebest can only recover damages for no acceptance or repudiation because the buyer breached the contract. 1. Roy Rand executed and delivered the following note to Sue Sims: ‘‘Chicago, Illinois, June 1, 2011; I promise to pay to Sue Sims or bearer, on or before July 1, 2011, the sum of $7,000. This note is given in consideration of Sims’s transferring to the undersigned title to her 2002 Buick automobile. (signed) Roy Rand.’’ Rand and Sims agreed to defer delivery of the car to July 1, 2011. On June 15, Sims sold and delivered the note, without endorsement, to Karl Kaye for $6,200. What rights, if any, has Kaye acquired? Kaye has acquired the entire right of the money remaining on the note that Roy needs to pay for the 2002 Buick because Kaye became the bearer when he purchased the note from Slims. 7. Simon Sharpe executed and delivered to Ben Bates a negotiable promissory note payable to the order of Ben Bates for $500. Bates indorsed the note, ‘‘Pay to Carl Cady upon his satisfactorily repairing the roof of my house, (signed) Ben Bates,’’ and delivered it to Cady as a down payment on the contract price of the roofing job. Cady then indorsed the note and sold it to Timothy Tate for $450. What rights, if any, does Tate acquire in the promissory note? Tate would only acquire the promissory note if Cady fulfills his agreement with bates on repairing the roof, because if he does not finish repairing the roof he was never entitled to the check in the first place. 8. Debbie Dean issued a check to Betty Brown payable to the order of Cathy Cain and Betty Brown. Betty indorsed the check ‘‘Payable to Elizabeth East, (signed) Betty Brown.’’ What rights, if any, does Elizabeth acquire in the check? Elizabeth acquires all rights to the check because Betty indorsed the check to her when she wrote on the check â€Å"‘‘Payable to Elizabeth East, (sign ed) Betty Brown.’’ 4. Adams, who reads with difficulty, arranged to borrow $5,000 from Bell. Bell prepared a note, which Adams read laboriously. As Adams was about to sign it, Bell diverted Adams’s attention and substituted the following paper, which was identical to the note Adams had read except that the amounts were different: On June 1, 2011, I promise to pay Ben Bell or order Twelve Thousand Dollars with interest from date at 8 percent. This note is secured by certificate No. 13 for 100 shares of stock of Brookside Mills, Inc. Adams did not detect the substitution, signed as maker, handed the note and stock certificate to Bell, and received from Bell $5,000. Bell indorsed and sold the paper to Fore, a holder in due course, who paid him $10,000. Fore presented the note at maturity to Adams, who refused to pay. What are Fore’s rights, if any, against Adams? Fores has no right again Adams because the contract he signed was not the one they agreed upon and Bell took advantage of him because Bell knew Adams couldn’t see well and switched the contract to make him pay double of the loan with 8% interest. 9. Donna gives Peter a check for $2,500 in return for a laptop computer. The check is dated December 2. Peter transfers the check for value to Howard on December 14, and Howard deposits it in his bank on December 20. In the meantime, Donna has dis- covered that the computer is not what was promised and has stopped payment on the check. If Peter and Howard disappear, may the bank recover from Donna notwithstanding her defense of failure of consideration? What will be the bank’s cause of action? No the bank may not recover the money because the check has already been cashed in by Howard who has nothing to do with the transaction, if Donna had the check and dint cash it then th e bank would be able to stop the check and cancel it. 3. A negotiable promissory note executed and delivered by B to C passed in due course and was indorsed in blank by C, D, E, and F. G, the present holder, strikes out D’s indorsement. What is the liability of D on her indorsement? D would have no liability on the endorsement on the check given by A because his name was taken off the check, which made him not liable for the endorsement anymore. 6. Alpha orally appointed Omega as his agent to find and purchase for him a 1930 Dodge automobile in good condition, and Omega located such a car. Its owner, Roe, agreed to sell and deliver the car on January 10, 2011, for $9,000. To evidence the purchase price, Omega  mailed to Roe the following instrument: December 1, 2010 $9,000.00†¨We promise to pay to the order of bearer Nine Thousand Dollars with interest from date of this instrument on or before January 10, 2011. This note is given in consideration of John Roe’s transferring title to and possession of his 1930 Dodge a utomobile. (Signed) Omega, agent Smith stole the note from Roe’s mailbox, indorsed Roe’s name on the note, and promptly discounted it with Sunset Bank for $8,700. Not having received the note, Roe sold the car to a third party. On January 10, the bank, having discovered all the facts, demanded payment of the note from Alpha and Omega. Both refused payment. (a) What are Sunset Bank’s rights with regard to Alpha and Omega? (b) What are Sunset Bank’s rights with regard to Roe and Smith? Sunset bank would have no rights against omega; the bank could only reaccredit the money stolen from the stolen check and attempt to get the money back from Smith if they can find him. 10. R&A Concrete Contractors, Inc., executed a promissory note that identifies both R&A Concrete and Grover Roberts as its makers. On the reverse side of the note, the following appears: ‘‘X John Ament Sec. & Treas.’’ National Bank of Georgia, the payee, now sues both R&A Concrete and Ament on the note. What rights does National Bank have against R&A and Ament? National Bank has no right against R & A because they are not liable for the payments of the note; they also received full rights to the promissory note when they handed it over to National Bank. 9. Jason, who has extremely poor vision, went to an automated teller machine (ATM) to withdraw $200 on February 1. Joshua saw that Jason was having great difficulty reading the computer screen and offered to help. Joshua obtained Jason’s personal identification number and secretly exchanged one of his old credit cards for Jason’s ATM card. Between February 1 and February 15, Joshua withdrew $1,600 from Jason’s account. On February 15, Jason discovered that his ATM card was missing and immediately notified his bank. The bank closed Jason’s ATM account on February 16, by which time Joshua had withdrawn another $150. What is Jason’s liability, if any, for the unauthorized use of his account? †¨ Jason would have full liability on the unauthorized use of his account, and would be reaccredited from the bank on both the charges made by Joshua on February 15 of 1$1,600 and the second ATM  withdrawal made on February 16 of $150. 10. On July 21, Boehmer, a customer of Birmingham Trust, secured a loan from that bank for the principal sum of $5,500 to purchase a boat allegedly being built for him by A.C. Manufacturing Company, Inc. After Boehmer signed a promissory note, Birmingham Trust issued a cashier’s check to Boehmer and A.C. Manufacturing Company as payees. The check was given to Boehmer, who then forged A.C. Manufacturing Company’s indorsement and deposited the check in his own account at Central Bank. Central Bank credited Boehmer’s account and then placed the legend ‘‘P.I.G.,’’ meaning ‘‘Prior Indorsements Guaranteed,’’ on the check. The check was presented to and paid by Birmingham Trust on July 22. When the loan became delinquent in March of the following year, Birmingham Trust contacted A.C. Manufacturing Company to learn the location of the boat. They were informed that it had never been purchased, and they soon after learned tha t Boehmer had died on January 24 of that year. Can Birmingham Trust obtain reimbursement from Central Bank under Central’s warranty of prior indorsements? Explain. Birmingham trust wouldn’t be able to obtain reimbursement for the indorsement from A.C because the check was forged with their name, the bank could how ever reimburse them if it meets their requirements. 11. Lile, an insurance broker who handled all insurance for Tempo Co., purchased a fire policy from Insurance Company insuring Tempo Co.’s factory against fire in the amount of $1.5 million. Before the policy was delivered to Tempo and while it was still in Lile’s hands, Tempo advised Lile to cancel the policy. Prior to cancellation, however, Tempo suffered a loss. Tempo now makes a claim against Insurance Company on the policy. The premium had been billed to Lile but was unpaid at the time of loss. In an action by Tempo Co. against Insurance Company, what judgment? The Insurance Company would win because they are not responsible for the loss that Tempo suffered since they canceled the Insurance and did not were not paying for the liability insurance. 1. In January, Roger Burke loaned his favorite nephew, Jimmy White, his valuable Picasso painting. Knowing that Jimmy would celebrate his twenty-first birthday on May 15, Burke sent a letter to Jimmy on April 14 stating: à ¢â‚¬ ¨Dear Jimmy,†¨Tomorrow I leave on my annual trip to Europe, and †¨I want to make you a fitting birthday gift, which I do by  sending you my enclosed promissory note. Also I want you to keep the Picasso that I loaned you last January, and you may now consider it yours. Happy birthday! †¨Affectionately, /s/ Uncle Roger †¨The negotiable promissory note for $5,000 sent with the letter was signed by Roger Burke, payable to Jimmy White or bearer, and dated May 15. On May 21, Burke was killed in an automobile accident while motoring in France. †¨First Bank was appointed administrator of Burke’s estate. Jimmy presented the note to the administrator and demanded payment, which was refused. Jimmy brought an action against First Bank as administrator, seeking recovery on the note. The administrator in turn brought an action against Jimmy, seeking the return of the Picasso. †¨(a) What decision in the action on the note? †¨(b) What decision in the action to recover the painting? Jimmy would prevail in court because he was entitled both the painting and the money, when his uncle sent him the letter before he passed away stating that the Picasso & $5000 was a gift for his twenty-first birthday. 1. Kirkland conveyed a farm to Adland to have and to hold for and during his life and upon his death to Rubin. Some years thereafter, oil was discovered in the vicinity. Adland thereupon made an oil and gas lease, and the oil company set up its machinery to commence drilling operations. Rubin thereupon filed suit to enjoin the operations. Assuming an injunction to be the proper form of remedy, what decision? Rubin wouldn’t prevail in court because the oil and gas lease was made when Adland was the owner of the land and had the right to do what ever he pleased with the land until he passed away and had to pass it on to Rubin. 2. Smith owned Blackacre in fee simple absolute. In section 3 of a properly executed will, Smith devised Blackacre as follows: ‘‘I devise my farm Blackacre to my son Darwin so long as it is used as a farm.’’ Sections 5 and 6 of the will made gifts to persons other than Darwin. The last and residuary clause of Smith’s will provided: ‘‘All the residue of my real and personal property not disposed of heretofore in this will, I devise and bequeath to Stanford University.’’ Smith died in 2011, survived by her son Darwin. Smith’s estate has been administered. Darwin has been offered $100,000 for Black acre if he can convey title to it in fee simple. No, Darwin wouldn’t be able to receive the land Black acre from the will because his intention was to sell the land for $100,000 and  not use the land for farming. Which was a requirement under the will that Smith left and if he did not meet those requirements the land would be entitled to someone else stated in section 5 and 6. 7. In her will, Teresa granted a life estate to Amos in certain real estate, with remainder to Brenda and Clive in joint tenancy. All the residue of Teresa’s estate was left to Hillman College. While going to Teresa’s funeral, the car in which Amos, Brenda, and Clive were driving was wrecked. Brenda was killed instantly, Clive died a few minutes later, and Amos died on his way to the hospital. Who is entitled to the real estate in question? Amos, Brenda, and Clive, heirs would be entitled to their portions of the estate that they are receiving from the will in Teresa will, and the rest of Teresa’s will would be given to Hillmans College as stated in the will. 3. Robert and Stanley held legal title of record to adjacent tracts of land, each consisting of a number of five acres. Stanley fenced his five acres in 1986, placing his east fence fifteen feet onto Robert’s property. Thereafter, he was in possession of this fifteen-foot strip of land and kept it fenced and cultivated continuously until he sold his tract of land to Nathan on March 1, 1991. Nathan took possession under deed from Stanley, and continued possession and cultivation of the fifteen-foot strip that was on Robert’s land until May 27, 2011, when Robert, having on several occasions strenuously objected to Nathan’s possession, brought suit against Nathan for trespass. Explain whether Nathan has gained title by adverse possession. Nathan would not prevail in court because the land is owned by Robert and the contract that he had with Stanley was established for them in 1989 and not to Nathan who took over the land on March 1, 1991. 5. On January 1, 2011, Davis and Hershey owned Black acre as tenants in common. On July 1, 2011, Davis made a written contract to sell Black acre to Gregg for $25,000. Pursuant to this contract, Griggs paid Davis $25,000 on August 1, 2011, and Davis executed and delivered to Gregg a warranty deed to Black acre. On February 1, 2012, Hershey quitclaimed his interest in Black acre to Davis. Gregg brings an action against Davis for breach of warranty of title. What judgment? Davis would prevail because he sold him the entire land and not just his portion of Black acre even though he was not entitled to the land  in full. Since Hershey owned a portion of the land the contract needed Hershey’s signature for it to be valid. 8.The city of Boston sought to condemn land in fee simple for use in constructing an entrance to an underground terminal for a subway. The owners of the land contend that no more than surface and subsurface easements are necessary for the terminal entrance and seek to retain air rights above thirty-six feet. The city argues that any building utilizing this airspace would require structural supports that would interfere with the city’s plan for the terminal. The city concedes that the properties around the condemned property could be assembled and structures could be designed to span over the condemned property, in which case the air rights would be quite valuable. Can the city condemn the property? No the city can not condemn this property because they only have the right to the land below the surface if they want to build the entrance 36 feet in the air they would need to get the air rights from the owner. 3. Collins was trustee for Indolent under the will of Indolent’s father. Indolent, a middle-age doctor, gave little concern to the management of the trust fund, contenting himself with receiving the income paid him by the trustee. Among the assets of the trust were one thousand shares of ABC Corporation and one thousand shares of XYZ Corporation. About two years before the termination of the trust, Collins, at a fair price and after full explanation to Indo- lent, purchased from the trust the ABC stock. At the same time but without saying anything to Indolent, he purchased the XYZ stock at a price in excess of its then market value. At the termination of the trust, both stocks had advanced in market value well beyond the prices paid by Collins, and Indolent demanded that Collins either account for this advance in the value of both stocks or replace the stocks. What are Indolent’s rights? Indolent would only have rights to the XYZ stock because he purchased those stocks with out the any ones permission. In the case of the ABC stock he would not receive anything back because he sold the stock at a fair price to Collins. Upon George Welch’s death, he was survived by his second wife, Dorothy Welch, and his daughter by his first marriage, Patricia Fisher. At the time George and Dorothy were married, George was in  very poor health and he relied on Dorothy to care for him. During the eight months George and Dorothy were married, George became isolated from his family and his health deteriorated. Prior to his death, George transferred the bulk of his assets to Dorothy. Dorothy assisted in the transfer of George’s assets and often completed checks and other papers for George’s signature. George also made a new will that named Dorothy as his sole beneficiary. Patricia was the sole beneficiary of his prior will. Through the transfers of assets and the new will, Dorothy received $570,000. Does Patricia have any legal recourse? Explain. No Patricia does not have any legal rights because everything transferred to Dorothy’s name was done with the consent of George, and everything i n the will was left to Patricia according to Georges new will.

Health Law Essay Example | Topics and Well Written Essays - 750 words

Health Law - Essay Example The trained professional becomes the administrator of the hospital who is responsible to run administrative matters of the hospital. The administrator not only supervises administrative matters but also takes steps to improve the medical staff’s performance. One of the major responsibilities of an administrator is to ensure the delivery of high quality care and treatment to the patients. â€Å"Additionally, they control the day-to-day operations of the hospital, making sure patient care is being met in compliance with state standards and hospital policies† (MacKenzie, n.d.). It is also true that the administrator of a hospital is legally accountable for the quality of care being delivered to the patients. The reason is that the administrator is the main decision-making authority within a healthcare facility. All employees of a hospital, which include doctors, nurses, and paramedical staff, are required to follow the directions of the administrator. Therefore, an adminis trator is responsible for improving patient care, as well as the performance of the medical staff. Answer No: 3 I accept this statement because provision of privileges and fringe benefits to the licensed or board certified physicians depends on approval of administrators of the hospitals. All licensed or board certified physicians have the right to obtain the privileges, however, the final decision regarding provision of these rights depend on the policy set either by the administrator or by the medical chief officer of the hospital. Administrators make the policies to run different matters of the hospital. They are the bodies who decide whether they should give the right of obtaining the privileges to physicians or not. Provision of privileges to physicians is dependent on the policies and philosophy of the board of directors (Joson, 2003). They grant the privileges after analyzing the financial conditions of their organizations. Sometimes, they give this right to physicians and so metimes, they limit the provision of medical staff privileges to some specific privileges. When the administrator or chief medical officer limits the provision of privileges, physicians can choose to contact the courts, which are often employed to uphold and ensure the provision of all those privileges to the physicians that a government hospital provides to their physicians. For example, if the administration of a hospital does not provide a suitable service structure to the physicians, the physicians can contact the court to get the desired service structure. Similarly, physicians can go to court to obtain the allowances and other benefits. Summing it up, I would say that obtaining the privileges is the right of all physicians working in private hospitals and they can contact the court to obtain those privileges. Answer No: 4 In the context of medical liability, the term ‘standard of care’ refers to the level of care that the medical professionals need to provide to t heir patients. â€Å"A standard of care is a formal diagnostic and treatment process a doctor will follow for a patient with a certain set of symptoms or a specific illness† (Torrey, 2008). Medical professionals need to provide a set level of care to the patients in order to meet the standard of care. The standard of care in a hospital is same for every medical professional working in the hospital. All healthcare professionals need

Advantage and disadvantage of GPS Essay Example | Topics and Well Written Essays - 1000 words

Advantage and disadvantage of GPS - Essay Example The use of the GPS systems and the panic buttons allow the users to be safe and find help more easily than a mobile (McNamara, 2008). c) The GPS systems ensure that the person is never lost. The GPS receivers can compare the time the signal was transmitted by the satellite and the time it was received (McNamara, 2008). The difference in time would provide the GPS receiver with details as to how far the satellite is. The receiver can also use the distance measurements from a few more satellites which would provide for the user’s position and can be displayed on the electronic map of the unit. This can ensure that no matter where the person is, it would be impossible to lose the way (Letham & Letham, 2008). Apart from the abovementioned advantages, the GPS Systems also helps in simplifying the daily lives of many people across the world with features like ‘search nearby’ and cellular based tracking as well. Overall the system is very effective and helpful, especially in the current times where there is a high need to have complete mobility and ability to find places around more easily and effectively (Letham & Letham, 2008). However the use of GPS systems does pose a number of disadvantages as well. These will be discussed in the next section. As seen there are a number of advantages of using the GPS systems. However there is also a great possibility of failure of the system. This can cause a number of issues, especially if the user is completely dependent on the systems (McNamara, 2008). There is also the issue of not being completely updated and this can cause the systems to be off the accurate path to some extent. Also while travelling on the highways or within cities, if the destination is changed during the travel, the time taken to recalculate the route takes a little time. This can lead to missing a turn, or exit. Also with the various GPS system providers that are available in the markets, there are a number of companies with terrible

Business writing Essay Example | Topics and Well Written Essays - 250 words

Business writing - Essay Example This will impel the reader to read the manuscript. Additionally, short paragraph helps writers in organizing their work. The writers put their ideas in the form of short, unambiguous paragraphs. This also assists the reader in understanding the writer’s message, as it alleviates confusion (Scarry and Scarry 318). Besides, brief paragraphs depict precision. This shows that the writer clearly understands the topic he or she is handling. This in turn motivates the reader into reading the material, thereby enhancing the intended communication. While reading emails, one makes various conclusions, even before reading the text. Long emails seem uninteresting. As such, one feels that he or she will waste time in trying to understand the text. As a result, one reads the first few lines and loses interest. Long paragraphs also seem to contain many ideas (Scarry and Scarry 320). Moreover, long paragraphs show the disorganized nature of the writer. This makes one to draw uncomplimentary conclusions about the writer. As such, many readers will not go over such text. This will hinder communication, and the writer will not pass the intended message. Large paragraphs also depict irrelevancy. Writing emails with large paragraphs offers the reader the intuition that the writer has focused on numerous extraneous issues. Moreover, the reader will take time while unraveling the main