Information Technology Essay

James Price is an Information Technology consultant with specific expertise in website design. His consultancy is doing well, but he would really like to gain another client to ensure that he has enough work for the foreseeable future. One Saturday, at his brother Anthony’s 40th birthday celebration, James is approached by Mark Jackson, a store owner, who James has met previously at some of his brother’s other social functions. Mark explains to James that he is looking to revamp his store’s website and that he could use James’ expertise to complete the project. James expresses his interest in assisting and Mark tells James that he will email him on Monday with a proposal. On Monday morning, Mark sends James the following email: Dear James, After thinking further about your potential involvement in the website project for the store, I want to bring you on board as a consultant. The terms of the engagement are that you will provide your web design services exclusively for two weeks, starting on 1st February 2014, working onsite with me and the store manager. In terms of remuneration, you will be paid a flat fee of $35,000 with a parking spot to be provided for the time that you are onsite. It is important that if you want this work, you indicate your acceptance in writing by the end of the day. I look forward to hearing from you. Mark Jackson. An hour after the email is sent, James reads it and is happy with the terms  of the proposal. He goes to draft an email to Mark detailing his acceptance of the terms of the offer, but because of a sudden storm that has hit the area where he lives, James’ email stops working and he is unable to send the message to Mark. James then tries to call Mark to tell him that he wants the work, but Mark doesn’t answer, and James is not given the option to leave a message. As a last resort, James drafts a letter to Mark communicating his acceptance of the offer proposed. He then takes the letter, and a strategic map for the project that he quickly prepared, to the post office and posts them at 4.30pm on Monday afternoon. The letter and the map take a day to be delivered to Mark and he receives them late Tuesday afternoon. On Wednesday, Mark realises that he has offered to pay James $15,000 more than an award winning web design firm has quoted him for the job, and he doesn’t want to engage James anymore. He sends an email to James saying that because he didn’t receive James’ acceptance by the end of Monday, James has missed out on the work. Mark also states in his email that he never meant for the proposal to be real anyway because he was only trying to help out his friend Anthony by throwing James some work. James is upset upon receiving this email from Mark and calls his lawyer for advice on the situation. Question 1: Using the four step process, discuss the element of agreement required for the formation of a legally binding contract between James and Mark. STEP 1: Identify the principles or issues of law The principles of law here is that in addition to intention and consideration aspects, there should be the existence of a valid agreement between James and Mark which is required for the formation of a legally binding contract to be created. Step 2: Explain the rule(s) of law relevant to the principle/area/issue of law identified in step one with reference to authority. There are three main requirements for the formation of a legally binding contract; intention to create a legal contract, offer and acceptance  (agreement) of the terms of the contract and consideration (reference book P-60).

Land law Essay Example | Topics and Well Written Essays - 1500 words - 1

Land law - Essay Example A tenancy agreement vests an interest in the land unlike license agreement whereby the individual is only granted personal interest by the owner of the land and such interest can be revoked at anytime without any notice2. In differentiating tenancy agreements and license, the intention of the parties at to the nature of agreement is irrelevant; the only determining factor is the intention to grant the party exclusive possession of the property3. A license agreement grants the individual a personal privilege which is revocable at the will of the person granting the license. In tenancy agreements, a letter conveying the transfer of interest in the land to the tenant is mainly used as the evidence of exclusive possession of the property. The licensee is required to use the real property according to the terms set out in the license agreement while the licensor remains with the exclusive possession and control of the property. A license only makes acts that would be considered unlawful l ike trespass to be lawful. For instance, a license agreement allows the licensee to walk through the land of another or keep his goods in the land of the licensor without being prosecuted for trespass. A gratuitous license can be revoked by the licensor without any notice if the licensee contravenes the terms set out in the agreement or when the licensor desires to end the license4. A tenancy agreement mainly covers a term not exceeding more than three years but there is no express requirement that it should be executed by a deed. The interest of the tenant in the tenancy agreement is protected from third party interference, even without any formal registration as long as the tenant has paid the market rate rent for the property. Tenancy agreements can be created by contract law or common law. A fixed term tenancy covers a fixed period of time whereby the tenant is required to vacate the premises at the end of the period5. Some tenancies are created by common law whereby the tenancy continues indefinitely until it is terminated by provision of notice. In this type of tenancy, the tenant continues to pay rent in periodic terms until both the landlord and tenant provide each other with a notice of intention to terminate the tenancy. A tenancy at will is another form of tenancy that is created by common law. In this type of tenancy, the tenant will occupy the real property either with express or implied consent of the landlord. This mainly occurs when a pre-existing fixed term tenancy expires and the tenant continues to occupy the property up to the time a new tenancy agreement is created or until the landlord requires the tenant to vacate the property6. Another form of tenancy is tenancy at sufferance which occurs at the end of fixed term tenancy holds over to the property and the landlord does not give an indication of consent or objection of the tenant continuing to occupy the premises. If the landlord requires the tenant to move out of the property, the conti nuing occupancy of the property by such a tenant amounts to trespass. If the tenant pays rent which the landlord accepts, the tenancy changes to periodic tenancy. Tenancy agreements contain covenants and conditions which parties are prohibited from breaching. Covenants impose obligations on one party for the benefit of the other party while conditions refers to even that may occur or not occur leading to the termination of the tenancy. A breach of a covenant will make the landlord

Follow the attachment and answer each question in it Essay

Follow the attachment and answer each question in it - Essay Example The literal image was a high resolution photograph taken from the Centers for Disease Control and Prevention website. The factorial design type allowed the independent variables to be manipulated between four different groups of college aged adults at a public University within the United States. The purposes of this research were to advance knowledge on design elements which further enhance the effectiveness and influence of printed education materials. The research hypothesis was that the motivational force of printed education materials would be increased through consistently assigning agency to the virus; meaning that human passivity would make readers consider the virus a predator seeking out potential targets. It was hypothesized that this would heighten the health threat of the virus and perceived susceptibility to the threat. In order to achieve a high level of experimental control in this research study participants were assigned to one of four conditions and in each condition participants received a single page of printed education material that was related. The single page fact sheet was distributed along with a questionnaire. The readability levels of the human and flu agency versions were calculated using five different formulas from an online score tool and the average grade levels for readability were 8.2 and 8.6 ensuring that readability was similar across the groups. Thirteen semantic differential items were used to determine the participants perception of the credibility of the fact sheets. A memory based manipulation check was incorporated with five questions concerning what the participants had read specifically as an index of the participants sensitivity to the linguistic language manipulation. Seven Likert type items assessed participants perceptions of their susceptibility to the virus, H1N1 and their perceptions of the vaccine; their affective

Marketing Mangement - T.J Maxx's money saving aspect Case Study

Marketing Mangement - T.J Maxx's money saving aspect - Case Study Example The other main thing that T.J Maxx is highlighting in its advertisement to affect consumer perceptions is the claim that these products are branded and hence they are no quality issues with these products as they are endorsed by famous brands. This will make many consumers think that since these products are being supplied to T.J Maxx by some well-known brands, they can trust these products without fearing that they are of inferior quality. They will also think that maybe T.J Maxx is buying in large quantities from these brands and hence it is able to supply these products at a cheaper price than T.J Maxx's competitors. Hence, T.J Maxx's advertisements are hitting the two aspects of consumer's perceptions that product may be offered at lower prices but all the same that it is being endorsed by brands, so consumer can expect no quality issues with the products. Price: The price charged is lower than other competitive firm's and hence it may lead to negative perceptions.

Religion Annotated Bibliography Example | Topics and Well Written Essays - 750 words

Religion - Annotated Bibliography Example The site also provides the legal religious rights held by the American citizens. It also extends information on shopping sources for Witchcraft and Wicca and other related materials. The website also provides critical articles written by experts in the subject. The website of American atheists has the objective to conserve the civil rights of atheists. The website strongly promotes the separation between church and the state. It also provides important information to the public about atheism. The information pertaining to the legal, political and mythological aspects of atheism is being effectively conveyed through the website. It also serves as a media for the extension of the activities of American atheists. Withes League for Public Awareness (WLPA) which was found in atheists in Salem, Massachusetts, in May, 1986 extensively work towards creating proper awareness among the public regarding proper understanding on witchcrafts. The vision of the organization is a world free from religious persecution. The organization was founded by Rev. Laurie Cabot H.Ps. The American atheist works towards the rights of atheists. The organization was founded by Madalyn Murray O’Hair almost thirty years ago from now. It works for the active separation between the state and religion and arrange conventions and gatherings for this cause. The organization actively publishes books and disseminates information on the philosophy they preach. Its volunteers also work towards the preservation of the literatures and documents pertaining to the history of atheism. The website of WLPA critically comments on the prejudiced view of the society towards witchcraft. It also mentions the misconceptions of common public on witchcraft. The website also clearly points out the misappropriated ways by which the society approaches Witchcraft. The behavioral approach of the society to blame Wicca and Witchcraft for certain behaviors has been strongly criticized. The

Level 6 diploma in career guidance and development Essay - 1

Level 6 diploma in career guidance and development - Essay Example ossible to measure an individual’s attitudes and talent required in a specific job, which he claims can be matched to achieve the â€Å"good fit† attitude, these is the stage at which an individual is in jobs best suited to his/ her abilities. At this stage they do perform the final best out of what we can, and produce their best. While applying the same philosophical tradition, a researcher and a scientist Holland, in the year 1966, 1973, 1985,1997 Come up with an occupation classification system which categorizes the personalities and environments in six model types, social, realistic, artistic, investigate, conventional and enterprising. This his ideas often than not fall broadly in within the matching tradition that was based by (Parsons 1908) sine he proposed. Consequently developments of this theory do place a lot of emphasis on the interaction of a person with the environment and the influence of the heredity (Holland, 1985). He obseved renovating the internal appearance of his theory to give it more descriptive power. He referred plainly to the way in which he had his own typology to entail values, goals, self-beliefs and problem solving styles and how this growing nature of types all over the entire life span is at the moment incorporated Holland, 1997 It is a theory from the Krumboltz in the year 1976, it majorly focuses on the teaching clients career decision making alternatives in addition to making use of the concepts of the triadic reciprocal interaction, and learning as an interaction to the environment and genetic endowment† and the emphasis the role of the instrumental and associative learning, as a result, key concepts/ tools for the practitioner attempting to identify and put correct measures to correct any incorrect beliefs that are held by the client concerning the decision making process. He argued in favor of a radical, and many activist perspective on the careers guidance and embracing complexity, education,  and reforming

Sears Case Study Example | Topics and Well Written Essays - 750 words

Sears - Case Study Example The accusations brought against the company were considered to be quite grave and fatal owing to its impact on the reputation and business of the company. The request for reviving the case of Francis Latanowich prompted a review of the case by Judge Carol Kenner which revealed few facts that proved to act against the actions of the company. It was found from the further evaluation that the company mailed the security guard an offer according to which a payment of $28 each month made by the individual would prevent the company from reclaiming the goods that were purchased by Francis Latanowich before turning bankrupt. The act of influencing the debtors to enter into such agreements was known as reaffirmations and is considered to be lawful. Such kinds of agreements are considered to be quite common in the business of retail credit, however, it is perceived to be an unethical behavior by numerous judges. In addition to this, it was made mandatory for credit companies to file those reaf firmations with their respective courts for the reason of evaluating the potency of the debtor by the judge with regard to the fresh payment. The affirmation of Francis Latanowich was not found to be filed by the court and an explanation for such a conduct was demanded from the company by Judge Kenner. This proved to be the other breach that was made by the company. The company was also found to pay no heed to the law in quite a few similar cases that were considered to be illegal. Such grave accusations against the company and the violations of law made by the company called for huge losses as well as adverse reputation for it which would hamper its business operations in the future. The company was already stated to be suffering from huge losses owing to the increasing cases of personal bankruptcies that occurred from 1994 to 1998. In accumulation of the already existing losses, the fresh losses or charges incurred by the company due to violations and unethical practices would pro ve devastating for the survival of the company (Eugene D. Fanning Center For Business Communication, 2010). Recommendations The company should send out a letter of apology to its existing customers through electronic mails as well as through print media entailing newspapers. The company should also make an apology to the public and accept its responsibility regarding the unfortunate event through a press conference. It is