Case Brief - McGurn v Bell Essay Example | Topics and Well Written Essays - 500 words

Case Brief - McGurn v Bell - Essay Example ons, McGurn said that a termination clause covering his initial twenty four months of service was considerable which he says Bell did not object to this. Bell extended another offer which McGurn rejected owing to its termination clause. Finally, Bell extended an offer to McGurn which said that following termination of his employment, he was to be given his basic salary over 6 months plus a lump sum amounting to forty thousand dollars or fifty percent of incentive p.a. but this cover was to last for the initial 12months of his service. McGurn signed as required but crossed out the word ‘twelve† and inserted â€Å"eleven† and didn’t inform anyone at Bell of the alteration. Bell’s HRM department received and filed the letter though they denied having viewed it on return. After approximately 13 months, Mcgurn’s employment was terminated, he advised Bell officials that he believed that his contract had a 2year termination clause; they also noted the alteration in the offer letter but refused to pay hence McGurn sued for bleach of contract. An exception to the rule that offerees who accept an offeror’s performance with the knowledge of offeror’s expectation in return for his performance have impliedly accepted the offeror’s terms. This happens where the offeree receives the advantages of the service offered with a reasonable opportunity to decline them plus grounds to recognize that they were accepted with the anticipation of recompense (Mallor, Barnes, Bowers and Langvardt, 2004). The court borrowed the procedure from two case i.e. Gateway C. v. Charlotte Theatres, Inc. and Kiddlerv Greenman. The Bell’s silence amounted to acceptance of McGurn’s counteroffer. The Bell microproducts, Inc. should to revisit the offer it wrote and signed earlier after it has been countersigned and returned by McGurn. For the first issue, the general rule of law holds that silence in reply to an offer aimed at forming a contract doesn’t add up to an acceptance of

Pricing Channels Essay Example for Free

Pricing Channels Essay Students come from a variety of backgrounds with a large and diverse base of knowledge and experience. Therefore, the primary role of the professor will be to acilitate discussions that bring out pertinent issues and to better frame the analyses of these issues. Required materials Case Packet: The case packet is available through www. study. net. Instructions to get materials from study. net are included in the last page of this syllabus, before the course schedule. Pricing Simulation Universal Rental Car Harvard Business School: Sign up instructions will be provided to you in early October. It will cost $12. 50. There will be a practice round available from Nov. 4-9. The official round will run from Nov. Other Readings: A number of readings for this class are available in full text (usually PDF) from Business Source Complete. For these articles, go to http:// www. lib. utexas. edu/, then to Research Tools* Databases Indexes to Articles †+ Databases by Subject* Business* Business Source Complete, and search on the title of the article (unless otherwise directed in the schedule). It works best if you put the title of the article in quotes. If you get a yellow box that says Find it at UT, click on the box and follow the links that have full text. Other Materials: Other materials, such as study questions for case studies, grading sheets, and lecture slides are available on Blackboard. Paperless Assignments: All assignments are to be submitted electronically rather than in hard copy and no later than 5 minutes prior to the start of class. Please send them directly to Dr. Mackie through Outlook as e-mail attachments using the following file name convention on the attachments themselves: File Name Convention [Class time]_[Your Last Name and First Initial_[Assignment name] Example: 930_SmithJ_Problem Set Example: 930_SmithJ_Brief_Case name Example: 930_TeamName_RtM Assignment Grading Blind Grading: MBA-student teaching assistants do the first round of grading on many assignments. Therefore all papers in this course are blind graded. Therefore: (a) Please do not submit assignments directly to the TA; and (b) Place your name *only* in the file name of the attachment.

Justification for Eddie as a Loveable Character in A View From The Brid

When Alfieri makes his final speech, he says that he 'will love him' (Eddie) more than his 'sensible clients', referring to the usual longshoremen and their relations mentioned at the beginning of the play. However, it is unlikely that Alfieri means 'love' as in 'loveable', due to the fact that Alfieri says before that this love is because of the fact that Eddie 'allowed himself to be fully known'. This could be referring to the fact that everyone around Eddie can see his love for Catherine e.g. at the end, Beatrice tells Eddie that he 'wants something else' other than Marco's apology (i.e. Catherine), and Alfieri mentions that ?she can?t marry you, can she Eddie is also described by Alfieri as ?not purely good?, emphasizing the fact that Alfieri does not see Eddie as loveable. The ?love? referred to could be that Alfieri respects Eddie for allowing the people around him to know his feelings. However, Eddie can?t see the true nature of his own love for his niece, and he cannot admit that his relationship with her goes far beyond father/daughter love. Eddie may not be loveable in the normal sense of the word, but at the beginning of the play, we can still see him as a likeable man ? an ?average?, flawed person. He cares for Catherine as a daughter, and tells her near the end that he ?only wanted the best? for her (Only Eddie is ?the best?, and nothing else will do?). However, he also acts like a young lover near the beginning of the play when we see Eddie and Catherine together for the first time, the stage directions say that Eddie is ?pleased, and therefore shy about it? when Catherine greets him. He is also overprotective of her, a combined result of the ?wrong kind of love? and the fatherly love he has for her, just before M... ...nitched to the immigration? they spit on him in the street? The whole neighbourhood was cryin?.? However, after Eddie has finally broken the code in a desperate attempt to get Rodolpho out of the house, we lose sympathy for him, in the same way that Red Hook?s Italian community loses respect for him after his betrayal of his cousins becomes clear to them. However, Eddie is still a pitiable character. Despite his failure to understand his own love for his niece, he is a normal working man who doesn?t really see why it is wrong to love her so much, and deludes himself, trying to convince himself that what he is doing is right. He may not be the typical ?hero? type of many other writers? playscripts ? unlike a hero, he is not perfect, and has many faults, being unable to see or correct them ? but we can still identify with him and his feelings as a normal working man.

Free College Essays - William Shakespeare - Man or Myth? :: Biography Biographies Essays

Shakespeare - Man or Myth?  Ã‚   Was the man we know as Shakespeare really the author of the "Shakespearean Works"? We know little about the man called Shakespeare, Did he really write the plays, or is he just a man that got confused within history? (Sobran 44) There is not even a correct spelling of this mans name, Some of the spellings include Shakspere, Shakespeare, And Shaxpere. Shakespeare, Is it the man, Or is it another? (Hayes 1D) Shakespeare is both fact and fiction, he was no concern until nearly two hundred years after he perished, and there is still no definite or probably will there ever be a conclusion to this mystery. (Sobran 44) There is another man that can be attributed with the works of "Shakespeare", His name is Edward DeVere, the 17th Earl of Oxford. (Bethell 47) The man known as Shakespeare does not fit perfectly into the necessary criteria to determine the author of these works. Thomas Looney invented a series of criteria that had to be filled, in order to be a possible can didate for the authorship of the Shakespearean works. To have all the knowledge that is portrayed in the works, the author must have accomplished many things. These including a superior education, from what we know of "Shakespeare", this was not a possibility.(Bethell 46) We do not even know if Shakespeare has ever written anything in his life, Nor do we know that he was paid for writing these works. The man Shakespeare does not even make a claim that he is the author.(Bethell 50) He may not have been able to write the simplest thing of all, His own name.(Hayes 1D) Its not how little we know about Shakespeare that causes confusion and difficulty, Its the things that we do know about this man that cause the confusion and difficulty. We know Shakespears father, a glover, could not write. When he signed documents, he simply made an "X", This is why it is beleived that Shakespeare could not write also, Because he probably did not attend school therefore his education was passed down from his father. (Bethell 48) We do know much more about the man Edward DeVere. We know that because deVere was a nobleman, he could not have his name written upon his writings because he would be considered of a lower class.

A Discussion of Symbols in “A Death of Salesman”

The seeds embody Willy's ambition to be both a good father and a â€Å"well-liked† salesman. Willy's nocturnal futile attempt to grow vegetables clearly demonstrates his failure in achieving the American Dream. Another perspective is to see seeds as the pure embodiment of Biff. Willy makes a hard attempt to raise and nurture Biff but despite all his desperate tries, Biff turns out to be a lazy bum. In the same way, Willy tries to grow vegetables but he fails. The other important fact about this symbol is that huge towering shapes behind Willy's house constrict the garden in which vegetables will grow. Because of the limiting space of the garden, nothing substantial can grow. This can be interpreted that the competition, the clemency lacking quality of the American Dream (represented by the towering buildings) ultimately leads to Willy's downfall (the futile seeds). This is a crucial point in understanding and evaluating the play because the American Dream that Willy thought as infallible, in the end proves to be fallible by leading Willy to his downfall. Linda's And Woman's Stockings Reference in the play: (To Willy) Biff: You – you gave her mama's stockings![His tears break through and he rises to go] Discussion: The stockings in this play, in my opinion, represent sexual infidelity. Willy is accused by Biff for giving her mother's stockings to a woman. The important factor here is that Willy could have given the Woman any stocking but vividly in order to empower the symbol, Arthur Miller makes sure that Willy gives the Woman Linda's stockings. It is important to note that right after the Woman in the flashback thanks Willy for the stockings (â€Å"Woman: And thanks for the stockings†), Willy notices that Linda is mending stockings and is nagged by this fact: â€Å"Willy [angrily taking them (stockings) away from her]: I won't have you mending stockings in this house! Now throw them out!† The stockings are absolutely reminiscent of Willy's betrayal. Of course, faced alone with this fact, Willy cannot stand it and therefore commands Linda to throw them out. This depicts Willy's ambivalent character. One Willy betrays Linda. The other Willy cannot stand this fact. Diamond: Reference in the play: Ben [With greater force]: One must go in to fetch a diamond out. Discussion: The diamonds embody the power of tangible wealth or money. In a sense, the diamonds are the solidification of American Dream. Willy invariably, has failed the American Dream and therefore doesn't posses the diamond. The diamonds that made Ben rich also remind Willy that he is a failure. Further qualities of the diamond are revealed by Ben's sentences: â€Å"Ben: A diamond is rough and hard to the touch.† I think what Ben wants to say is that the diamond isn't easy to get (represented by its roughness) but once possessed, it's a valuable asset. â€Å"Ben: It's dark there (jungle, Africa) but full of diamonds† From the wanton, debauched way that Ben wrestles and horses around with Biff (i. e. the way he trips him), it can be concluded that Ben isn't a moral personality. The result of this conclusion is that Ben wasn't very honest when obtaining the diamond. The darkness in this sentence represent the immoralities or the dishonesties one must go through before one can obtain the diamond. Willy's personality, on the other hand, lacks immorality. He has always â€Å"played it fair†, the only exception being his betrayal to Linda. Willy's chronic honesty in business causes him to fail and so he doesn't obtain the diamond. Whereas on the other hand, Ben succeeds. The Rubber Hose: Reference in the play: â€Å"Biff: All right, phony! Then let's lay it on the line. [He whips the rubber hose out of his pocket and puts it on the table] Discussion: The rubber hose is an object that Willy tries to inhale gas with. The significance of this object is that it reminds the audience of Willy's failing attempts to commit suicide. The rubber hose ,in a way the seeds do, represents Willy's failure. Willy tries to commit suicide but even fails that. However, unlike the seed which symbolized Willy's failure to achieve the American Dream, the rubber hose symbolizes Willy's failure to be harmony, in union with himself. Willy ultimately fails to commit suicide because he is ambivalent to the idea of suicide. The rubber hose symbolizes Willy's ambivalence and his failure to find himself, an observation that Willy accused Biff of. The Car and the Chevy: Reference in the play: Biff [rushing down the stairs]: Pop! [As the car speeds off, the music crashes down in a frenzy of sound] Reference to Chevy: Willy: I was thinking of that Chevy. Nine-teen twenty-eight†¦ when I had that red Chevy – [Breaks off.] The car is Willy's ambitions and feelings in life. In the past, he had a Chevy as a car, and Biff used to simonize it. Willy Loman as a young man had ambitions and thought that he was going to thrive and flourish. The Chevy symbolizes all together Willy's ambitions, hopes, dreams as a young man. However as Willy gets old, he suddenly realizes that he isn't the successful businessman he dreamt that he would be. This transformation of Willy's feelings about his life can be paralleled with the transformation of the Chevy into an old rusty car. When Willy suddenly can't take it anymore, he commits suicide with his car. This translates into saying when Willy can not stand the idea that he failed, his feelings (his car) lead him to suicide.

Free Essays on William Blake

â€Å"The human abstract† written by William Blake depicts actual human nature while, satirically, its title suggests the human ideal. With the help of a group of critical materials, the theme and symbolism of the poem, through my point of view, will be divulged, verse-by-verse and stanza-by-stanza, through the images conveyed by the poet. One must keep in mind that Blake placed this poem among his â€Å"Songs of Experience† for it is a realization through the experience of man that, much like the saying â€Å"a doctor can not exist without disease†*, evil must be present in our world for there to be good as the first stanza illustrates. â€Å"Pity would be no more, If we did not make somebody Poor: And Mercy no more could be, If all were as happy as we;†* It begins with a quite severe criticism of innocence through its’ divine attributes such as â€Å"pity† and â€Å"mercy†. Out of this context, these can be considered quite noble feelings, but here, they stem from the â€Å"poor† and the unhappy created by human society that is precisely addressed by â€Å"we† at the beginning of the second verse. The first and third verses, pronounced as calamities, unveil that, to the speaker, these attributes are â€Å"more important than the happiness of all†* perhaps because they provoke an â€Å"alleviation of sorrow†* for the person acting mercifully or feeling pity for another. Hence, the structure of the last verse â€Å"as happy as we† to emphasize the inequality of joy. â€Å"And mutual fear brings peace; Till the selfish loves increase. Then Cruelty knits a snare, And spreads his baits with care.†* The â€Å"divine attributes of innocence†, in the second stanza, undergo a sinister metamorphosis to prepare for â€Å"Blake’s naturalistic fall of man†*, much like the traditional fall commonly known as the story of Adam and Eve, it involves a tree. Man is seen as such a chaotic creature that only fear of one another can... Free Essays on William Blake Free Essays on William Blake â€Å"The human abstract† written by William Blake depicts actual human nature while, satirically, its title suggests the human ideal. With the help of a group of critical materials, the theme and symbolism of the poem, through my point of view, will be divulged, verse-by-verse and stanza-by-stanza, through the images conveyed by the poet. One must keep in mind that Blake placed this poem among his â€Å"Songs of Experience† for it is a realization through the experience of man that, much like the saying â€Å"a doctor can not exist without disease†*, evil must be present in our world for there to be good as the first stanza illustrates. â€Å"Pity would be no more, If we did not make somebody Poor: And Mercy no more could be, If all were as happy as we;†* It begins with a quite severe criticism of innocence through its’ divine attributes such as â€Å"pity† and â€Å"mercy†. Out of this context, these can be considered quite noble feelings, but here, they stem from the â€Å"poor† and the unhappy created by human society that is precisely addressed by â€Å"we† at the beginning of the second verse. The first and third verses, pronounced as calamities, unveil that, to the speaker, these attributes are â€Å"more important than the happiness of all†* perhaps because they provoke an â€Å"alleviation of sorrow†* for the person acting mercifully or feeling pity for another. Hence, the structure of the last verse â€Å"as happy as we† to emphasize the inequality of joy. â€Å"And mutual fear brings peace; Till the selfish loves increase. Then Cruelty knits a snare, And spreads his baits with care.†* The â€Å"divine attributes of innocence†, in the second stanza, undergo a sinister metamorphosis to prepare for â€Å"Blake’s naturalistic fall of man†*, much like the traditional fall commonly known as the story of Adam and Eve, it involves a tree. Man is seen as such a chaotic creature that only fear of one another can...

Deathwatch - Literary Analysis essays

Deathwatch - Literary Analysis essays In Robb White's novel, Deathwatch, the author develops a theme of survival through the character of Ben. By examining Ben's actions, we can learn how people use instinct and creativity to survive in severe situations. After escaping from Madec in the hot, dry, desert with no clothes, shoes or water, Ben not only finds ways to survive the hunt; he also finds ways to survive the harsh desert elements. Ben does many things while stranded in the desert that contributes to his survival. One important thing Ben does in the desert to help him survive is when he covers his feet with nests to ease the pain of walking on the stones of the desert. Even though this was a painful process, "once his feet were inside the nests the pain eased and, when he stood up, he knows that, with just that much protection from the stones, he could go ahead" (77). Ben collected more nests, knowing they were brittle and would not last long, and carried them with him for future use. This action proves that Ben was planning to guarantee his survival. This action by Ben also demonstrates his creativity and determination to survive. The author gives his readers a visual of how hard it is to survive in these elements when he explains how individuals can only survive for 48 hours without water and when they do get water, drinking one quart is only equal to one additional hour of survival. Ben's actions illustrate the extreme measures people will go to survive when he tries to get water. He finds a puddle of dirty water that had bird droppings caked to the floor and drank it. To the reader, this sounds horrid, and one may think they would never do that under any circumstances, but to Ben, because of the situation he was in and because he was determined to survive, he drank the water, and it tasted delicious. He knew that he needed this water to keep going and he was able to look past how dirty it was and see it more as a tool for survival. ...