Sunday, August 26, 2012

Death Sentence

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Death Sentence



An eye for an eye! If you hit me, I’ll hit you back! It this the principle we want to pass down to our future generation? According to the jury on the case of Alexander Sorto, a criminal that was given the death sentence for the murder of two victim, this is the principle we want to pass down to our children. After reading over the article that contain the information on the case, I have take my stand on opposing with the jury decision. I think that the jury didn’t made the right decision. There are three factors that helped me reach my final decision first, does government or civilian that participate in the trail have the right to take away someone else life, second, the execution of innocent people, and third it is cruel to put a person to death.

Does the government or the jury have the right to take away another person life? As we all know, the government have the right to protect its people from harm, but the government does not have the right to judge whether or not a person have to give up his life for the crime that he had commit. On the other hand, jury are civilian who participate to fulfill their duty as a citizen of the United States, no more then the government have the right to decision whether a person should live or die. Neither both of them have that right.

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For example, the government has the right to self defense, such as, a policeman firing on a dangerous criminal. Then does a civilian have the right to shoot an intruder, who is trying to enter his home. What is the civilian catches the intruder, incapacitated him, and had him under control, then shoot the intruder, would that be considered murder. This proves that whether you a law enforcer or a civilian you still don’t have the right to confiscated someone life.

The second factor is what if the person who’s being execute is innocent? Can the government give the person back his life that they had taken away? There are many case in the old days that people didn’t had a fair trail and was executed for a crime they didn’t have commit. The execution of an innocent person comes somewhat close to a murder. The risk of executing an innocent person is impossible to calculate, but is it not zero. For example, one time I watched a movie name “The life of David Gale”. In this movie David Gale play an important role. All his life David Gale had try everything to abolish the death penalty, but time after time he was accuse of crimes that he did not commit. It had even ruin his career as a college professor at a well known university, but nothing compare to the last crime that he was convict of the murder of his best friend. Soon after the trail Gale was executed. At the end of the movie, the report that had the last interview with Gale, release a video tape that review the murder was a stage set up by Gale best friend to prove that the death penalty is unjust. This movie make me realize that the government make mistake and innocent people can be kill from it.

The last factor is that the death penalty is cruel. For those who have never witness an execution does not know how it feel to seat in the execution chair waiting for death to catch up to you. The cruelest part of the execution is to know your going to death soon, and there are nothing you could do beside seating there and count the time you have left. Also the methods that are often use to execute people are found to be extremely cruel. It often takes ten minutes or more for a felon to die in the electric chair. The only methods that is known not to be painful is the lethal injection, which we know very little of.



Since grade school we were taught to forgive and forget, but how come we can’t apply that standard to our every day life? Why should we put someone to death just because they took away our loves on? We doing just the same thing to they just as they did to us. Therefore, I think that the verdict which the jury had made is incorrectly. There are better methods to punish a person for the crime they commit rather then the death penalty. Furthermore, I hope that all these facts support my position about the verdict.

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Saturday, August 25, 2012

Are you Hot: Gender Roles in Society

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The emphasis on physical appearance that pervades American culture is marked by an unrealistic standard of beauty, and the superficiality that this standard promotes has a profound and negative impact on both men and women of all ages. The focus on physical appearance can be attributed to different factors, the media playing the most prevalent role. The media undoubtedly influences cultural perceptions of the definition of beauty by airing programs that specifically focus on attributing happiness and success to having the ideal outward appearance. For women, this consists of being abnormally skinny, tall, tan, and having long hair and a flawless complexion. The “perfect man” is characterized as having chiseled muscles, a tan body, and a dazzling smile. Television has taken these standards to create a new wave of programs that feature people with the previously mentioned qualities. In fact, a new show entitled Are You Hot? is specifically centered on judging the physical appearances of people who claim to be “hot” in order to find the sexiest man and woman in America. The purpose of the show Are you Hot? is merely worsening the problem of America’s obsession with appearance, thus becoming the root of factors contributing to low self-esteem, depression, and eating disorders.

The premise behind Are You Hot? is indeed a simple one. Each week, a set number of half-naked “beautiful people” strut their stuff in front of a panel of three celebrity judges, who (sometimes unkindly) offer their evaluation based on face, body and all around “sex appeal.” The judges point out less than perfect flaws by shining a laser pointer on the areas that make the candidate “less hot.” Earning the judges’ approval is the ticket to the next round, until the pool is narrowed down to the “Sexiest Man and Woman in America.” The two winners also split a cash prize of one-hundred thousand dollars. The rejected candidates are indicated by a blinking sign that reads, “NOT” causing them to live with the disgrace of not being “hot” enough. Are You Hot? sends the false message to viewers that physical appearance is the most important aspect of life, even over intelligence or career. In Naomi Wolf’s essay, “The Beauty Myth,” she points out that Americans, especially women, have become frighteningly preoccupied with achieving the stereotypical standards of beauty. Wolf notes, “During the past five years, consumer spending doubled, pornography became the main media category, ahead of legitimate films and records combined, and thirty-three thousand American women told researchers that they would rather lose ten to fifteen pounds than achieve any other goal” (48). She goes on to state, “Recent research consistently shows that inside the majority of the West’s controlled, attractive, successful working women, there is a secret ‘underlife’ poisoning our freedom; infused with notions of beauty, it is a dark vein of self-hatred, physical obsession, terror of aging, and dread of lost control” (48). The epidemic of becoming physically “perfect” can particularly be blamed on shows like Are You Hot? due to the negative messages sent to viewers.

Are You Hot? blatantly supports gender stereotyping and encourages participants who appear to be the most “masculine” or “feminine”. This television program is giving a negative connotation to these terms by attributing toughness, insensitivity, and a macho demeanor to being masculine, and being ditzy and submissive as feminine qualities. Male contestants often receive lower rankings if they have longer hair or small muscles, while female contestants score lower for having small breasts or broad shoulders. In her essay, “Gender Role Behaviors and Attitudes,” Holly Devor explores signals of masculinity and femininity and attempts to decipher what exactly these terms imply. She writes, “People use femininity or masculinity to claim and communicate their membership in their assigned, or chosen, sex or gender” (447). Taking the “masculine/feminine” stereotypes a step further, the contestants on Are You Hot? who describe their occupation or hobbies only do things to be considered “gender appropriate.” For example, most women participants enjoy dancing, putting on makeup, and going on dates, while the men prefer lifting weights, wrestling, and playing sports. In her essay, Devor also states, “Members of both genders are believed to share many of the same human characteristics, although in different relative proportions; both males and females are popularly thought to be able to do many of the same things, but most activities are divided into suitable and unsuitable categories for each gender class. Persons who perform the activities considered appropriate for another gender will be expected to perform them poorly; if they succeed adequately, or even well, at their endeavors, they may be rewarded with ridicule or scorn for blurring the gender dividing line” (Devor, 448). For example, in one episode a male contestant was noted for plucking his uni-brow, thus receiving lower scores by the judges for excessive primping. In a nutshell, Are You Hot? has contestants who constitute the epitome of gender stereotypes in order to personify the ideal definition of beauty. Unfortunately intelligence, ability, or personality has nothing to do with their value as human beings.

Are You Hot? and other television programs similar to it cause a cultural focus on physical appearance, thus resulting in many injustices. Discrimination based upon appearance is still a concern in contemporary American culture and will be for a long time. Racism is a social and cultural problem rooted in prejudices about a group that is labeled by its physical characteristics, and the racism that is prevalent in today’s society often results in violence or death. Although Are You Hot? does not promote racism, the majority of contestants are Caucasian, which sends a negative message to people of other races. Obese children and adults who do not conform to the American standard of beauty are often tormented and excluded from social activity. As technology progresses and further means of enhancing physical appearance become possible, there is a great potential for discrimination and other cultural implications. The media is making it impossible to shift the American standard of beauty to a more realistic image with programs like Are You Hot? that ultimately support taking drastic measures to arrive at “perfection.” It is essential to realize the negative results the standards created by the media have on the American population, and the permanent damage that will take place if this epidemic is not put to a stop.

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Devor, Holly. “Gender Role Behaviors and Attitudes.” Signs of Life. Eds. Jack

Soloman & Sonia Maasik. Boston Bedford/St. Martin’s, 00. 447-45.

Wolf, Naomi. “The Beauty Myth.” Signs of Life. Eds. Jack Soloman & Sonia

Maasik. Boston Bedford/St. Martin’s, 00. 481-48.

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Friday, August 24, 2012

Do you feel able do detect the gender of a novelist from the text? What issues are raised by this question? Refer to two or more novels

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Detecting the gender of a novelist merely from the words on the page is a complicated and in some regards, an impossible process. There are however implicit clues that are littered throughout works of literature which may reveal the answer to this question, however we cannot always be certain that what is conveyed to us is a real life representation of a persons gender, or rather an incognito account utilised to convey particular feelings or emotions, or indeed conceal elements of their personality or life that would be better off undisclosed. Gender itself, has always been a topic close to the forefront of the pragmatics of literature, as well as being a medium for channelling issues and themes that relate to the same concept. For examples, the idea of feminism, the role and status of women in the class structure, both politically and socially.

Jane Eyre# was written in eighteen forty seven by Charlotte Bronte. From my experience of reading this novel I feel there are many instances when Bronte’s gender is detectable. Firstly, it is important to point out that the novel is written in the first person narrative from a female perspective, it is an example of Romanism in terms of its generic classification; this, as opposed to say realist fiction, deals with an obvious character/author relationship, placing much more emphasis on subjective expression as opposed to an external reality. This therefore, perhaps allows us the insight that the character may reflect some authorial views. For example

women are supposed to be vary calm generally but women feel just as men feel; they need exercise for their faculties, and a field for their efforts as their brothers do... ...It is thoughtless to condemn them, or laugh at them, if they seek to do more or learn more than custom has pronounced necessary for their sex

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This is a representation of Bronte’s views towards men and the role of women in society being conveyed through Eyre. I feel that this is a predominant passage in revealing the author’s gender from the text because it is such a perfuse attack upon men and their ways. This then leads us into all kinds of debates and issues.

First and foremost, it patents the view that women are inferior to men, not only in their social class but also in their nature. We can clearly see that this notion infuriates Bronte, simply because of her decreeing response ‘women feel just as men feel’ . When she also mentions the ‘exercising of faculties‘, she is referring to fact that men get better educational opportunities and get to express themselves through their lifestyle and their work, to which Bronte suggests that women are limited solely to making puddings‘. These ideas of female and male equality were ambitious and novel concepts given the social historical time frame in which the novel was written. These views are the very essence of feminist literature and the basis of feminist theory.

Other signposts to the gender of the author can be drawn from the text if a deconstructionist lens is applied, taking into account the semantics and the lexical choices that are proficient. Semantic fields such as love are conveyed via lexis such as ‘heart’, ‘soul’ and ’compassion’. This was a traditional concept addressed by female writers of this time. Therefore, possibly revealing details towards the gender of the author, although lacking substance other than the general stereotyping of the themes women wrote about. The irony is that this comment itself would be the very essence of the feminist notion that Bronte was rebelling against. This idea that women are a predictable entity confined to expectations that are placed upon them. So the idea of the gender of the author has again raised volatile issues referring to the role of women.

The second novel I will refer to is Mary Shelley’s Frankenstein#. This novel was published marginally earlier to the prior; eighteen eighteen. This novel again, has a first person narrative, this time from a male perspective; Walton, Doctor Frankenstein and in the later stages, the monster himself. This is a contrast to Jane Eyre as we here have a cross gender narrative/author concept. Also, the predominant difference here is the fact that there is little to no evidence of the authors gender, a direct contrast with Jane Eyre. That is not to say that I am insinuating that merely because you have a female author conveyed through a male voice that the identity of the author becomes shrouded. The prior point seems to immediately suggest that perhaps this is an example of realist fiction, yet this is not the case. It is a gothic novel with an unfamiliar structure; beginning as an epistolary and then progressing to the first person narratives.

One of the main reasons that it is so difficult to detect the authors gender with this piece is mainly concerned with the themes it addresses. It is of a predominantly masculine concepts. The notions of death and horror, central to the gothic era were traditionally written about by male authors. This could instantly revert back to the feminist argument, but the fact is that Shelley was a pioneer in her field of literature. The idea of a female talking/writing about such concepts at this time would completely subvert the expectations of the readers of the novel, given its social historical context. This point does appear somewhat tenuous but in order for Shelley to be taken seriously as a writer, I believe that concealing her gender was critical to the success of the novel. This was perhaps the reason why the original publication of Frankenstein was done anonymously, and popular public opinion, seconded famously by Sir Walter Scott, presumed that Percy Shelley, Mary’s estranged husband, to be the proprietor of the novel. This was a truth settled only years later, perhaps after authors such as Bronte had began to subvert expectations and question readers’ preconceptions.

Building on from my previous illustrations about prejudice, perhaps another issue that makes it difficult to detect the authors gender refers to her age. When the final publication of Frankenstein was released, Shelley was scarcely eighteen. Again, taking the social historical angle, this was an era where the youth were seen as inferior and their judgements were taken lightly. Adulthood, at this time, began at twenty one, so perhaps this was another critical element that had to be considered if Frankenstein was to be considered as a plausible work of fiction was the masking of her age.

Examples from the text to support these notions again come from the lexical choices and the semantic fields.

Like one, on a lonesome road who, doth walk in fear and dread, and, having once turned round, walks on, and turns no more his head; because he knows a frightful fiend doth close behind him tread

As we can see from examining lexical choices such as ‘lonesome’, ‘fear’, ‘dread’, ‘frightful’ and ‘fiend’ all of which appear in just two and a half lines, it is obvious that novel is creating an ambience of horror and unrest. The long, drawn-out phonetics of ‘lonesome’ in particular only seem to add to this effect. Sure this kind of lexis and imagery is apart of the Gothic generic expectations, but conforming to the expectations helps to conceal her identity as she doesn’t stand out as being profusely different which reverts back to the reason why the public and Sir Walter Scott originally thought that this novel was written by a man, possibly, because they would have had no reason to question whether or not it was a man, not only because the novel itself was devoid of evidence, but also because no other women were doing what she was doing at this time.

The two texts could not be more different in the ways the respective authors approach the notion of ground breaking literature. I believe the critical reason that Shelley was so restrained about revealing her identity was because the idea of non-conformity had not manifested itself in society at this early stage and the ‘ism’ that is feminism was a non-existent idea at this time. For these reasons, and to ensure the success of her work, Shelley, perhaps wisely opted to disguise her gender, this way, it guaranteed that she would by taken seriously in the literature world; seen as being on par with the male authors of the time. As I investigated previously, Shelley achieved this through several ways, predominantly the lexical semantic/choices. Transversely, Bronte had no such reserves about her novel. She had clear opinions that she reflected through her main title characters speech and experiences. The lexis used by Jane Eyre, is so much different and in some cases, quite obviously gives clear impressions that it is written by a female author. The whole ambience and imagery is contrasting to Frankenstein, this because it does not need to be reserved about addressing ideas that do not necessarily have male approval. As is evident, quite prevalently from many of these points raised in this essay, is the fact that the gender of the author raises all kinds of issues relating to the sexes, from discrimination to modern feminism. Also, in conclusion to the point I raised in my introduction about whether or not it is possible to tell the gender of any author, merely from the words on the page, the only plausible answer is no. If it were, then Shelley’s work would never have passed for a mans for so long, in fact, if it did not, it is quite possible that Frankenstein would not be the popular classic that it is so fondly thought of in the modern era.



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A Dolls House

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The play, “A Dolls House” was written by Henrik Ibsen. As one researcher put it, “Henrik Ibsen was known as the father of modern drama” (A Career in Drama 1661). He was boring in Skein, Norway in 188. Norway is a country under democratic Monarchy. Although Norway has no set religion, its people are mostly catholic (Wonders of Norway). Ibsen moved to Germany and Italy for 7 years. He was the director of the National Theater in Norway. Also, Ibsen is credited with the development of the realistic “problem play.” Henrik often uses realistic settings in his plays.

Women once led shallow lives, doomed to abide by everything their husbands commanded. They were expected to fulfill certain requirements and stick to the straight path of life as a female. This all changed as the play “A Dolls House,” accurately depicted one woman’s fight for liberation. The play begins by introducing a perfect family complete with a mother, father, and two sweet children. At first life seems to sail along flawlessly. After the play progresses, a world of pain, untruthfulness, and neglect emerges. Nora, mother of two children and wife to Torvald, has a secret she can’t let Torvald find out about. Towards the midpoint of the play, Nora finds herself between a rock and a hard place after one of Torvalds past employees’ uses blackmail to manipulate his way into a Job. In the end, Nora comes to the realization her life and marriage have never truly existed; and as a result leaves, in search of identity and liberation. Throughout the play, “A Dolls House” there is three distinct cases in which the need for women’s liberation can be observed. The first has to do with the hardships Nora experiences while trying to save her husband. The second example is seen in the pet names Torvald uses for Nora. The final situation in which the need presents itself can be seen when Torvald tries to control Nora’s behaviors.

In the first few opening lines of the play, Nora learns her husband has become ill. The only treatment available to rid Torvald of his disease was to travel south to a warmer climate. Knowing that Torvald was too tight with money, Nora took it upon herself to raise the funds needed for the trip. The laws at the time didn’t allow women to take out a loan with out a man’s consent. Nora had a hard time understanding the laws and restrictions of the time. Nora’s statements in the World Masterpieces literature book plainly illustrate the confusion. “A wife hasn’t the right to save her husbands life…” (51). Nora made the decision to forge her father’s signature in order to get the money.

Torvald uses pet names with Nora as a way to keep her under his control. During the play he identifies Nora his little lark; which suggests ownership over her. The web page Summary Central Torvald as saying, “My little songbird mustn’t droop her wings. What’s this? Is little squirrel sulking?” (56). I feel the names made Nora feel as though she needs Torvald to guide and care for her. Also, the name calling probably make Torvald feel as though he has a deeper relationship with his wife than he really does. As one article put it, “Ibsen uses Torvald’s famous pet names for Nora-lark, squirrel-to gibe her a “strong ‘animal’ identity” and to underscore her inability to understand the ethical issues faced by human beings” (The Demon in The House 45).

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For the duration of the third act, Torvald is trying to control Nora’s actions. Before the big Christmas dance he tells Nora which dress she will wear and what dance she will perform. Throughout the entire play, Nora is being manipulated like a doll, thus the name a dolls house. She is expected to perform for her husband. At this point in the play I feel Nora must be feeling as though she is not truly loved. If Torvald justly loved Nora, he would have given Nora a chance to discuss the party situation.

Throughout the play it was apparent that women had much less power and far fewer rights than men. Nora struggled to gain respect and opposed the idea of fewer rights until the end of the play. The liberation of women was an extremely significant accomplishment. It allowed women equal rights as men. Without it women wouldn’t have the chance to make their own decisions.



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Wednesday, August 22, 2012

Abraham Lincoln vs. John F. Kennedy

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John F. Kennedy vs. Abraham Lincoln

Out of the 4 presidents Abraham Lincoln and John F. Kennedy probably relate the closest in coincidences. Although they lived in two different time periods the two had to deal with similar issues. Civil rights was a major factor during both of their tenures of president. Being two of the most well known presidents, they are also the only two to be assassinated while in office. An odd relation to their lives and deaths has become very popular. It leads many to believe that there is some type of connection between the two. John F. Kennedy and Abraham Lincoln were great leaders who were intelligent, envisioned a better country, and moved crowds with their great speeches and addresses.

Abraham Lincoln was born in a log cabin near Hodgeville, Kentucky on February 1, 180. His entire life he was close to poverty due to his family making numerous moves to the West. His opportunity to get an education, and have social life was not an reality (grolier.com). In his young manhood he join the Black Hawk War in 18. An Indian disturbance broke out in Illinois. He joined the war as a private but soon elected as a captain (Isely). In 186 he obtained his licensed to practice law (groiler.com).

John F. Kennedy was born in Brookline, Massachusetts (whitehouse.gov). He attended Harvard and graduated in 140(whitehouse.gov). In 14, he enlisted in the Navy. He fought in World War . After the war he became a Democratic Congressman (whitehouse.gov). In 15 he made to the Senate. In 155, he wrote Profiles in Courage, it won the Pulitzer Prize in history (whitehouse.gov). In 156, he almost won the Democratic nomination for Vice President, and four years later he was a first ballot nominee for President (whitehouse.gov). He had many heated debates against his rival, Richard Nixon. Kennedy won by a small margin and became the first Roman Catholic (whitehouse.gov). In his inauguration address he left listeners with the infamous quote “Ask not what your country can do for you, ask what you can do for your country” (whitehouse.gov). He wanted America to be the progressive, thriving country that wasn’t at time of his presidency. He wanted equal opportunities and civil rights for everyone. His attempt to overthrow Cuban leader Fidel Castro failed, plus he led endeavors against Russia when they threatened to use nuclear weapons (whitehouse.gov). Kennedy basically envisioned a world of peace and equal rights for Americans. On November , 16 he was killed in Dallas, Texas; he was the youngest president elected and the youngest to die (whitehouse.gov).

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The connection between John F. Kennedy and Abraham Lincoln is shown in many strange ways. For example, Abraham Lincoln was elected to Congress in 1846; John F. Kennedy was elected in 146 (highrock.com). In addition, Abraham Lincoln was elected President in 1860 and John F. Kennedy was elected President in 160 (highrock.com). The stands they made concerning issues that involved the U.S were also similar. Both Presidents were particularly concerned with civil rights (highrock.com). Perhaps the strangest coincidences come when concerning their deaths. For instance, both presidents were shot in the head on a Friday seated next to their wives (highrock.com). Even more coincidently, the two assassins were Southerners and were both assassinated before their trials (highrock.com). Lastly, the two men who succeeded them as president were Southerners and their last names were both Johnson (highrock.com). All of this adds to an incredible amount of coincidences and facts that deal with these two great presidents.



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Sunday, August 19, 2012

marketing strategy of pepsi

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PEPSI COLA For Pepsi Cola Ltd, marketing opportunity analysis is a continual and ongoing process. Pepsi have used the new- product strategy to realise their ambitions to both defend their current market position, and reinstate their position as a product innovator. Pepsi wishes to create a clear cola that is 100% natural, low in sodium, caffeine-free, and still maintains the flavour of its original cola. They will call it Pepsi Au Naturel. Pepsi’s hope is to usher in a new era, and to give them a clear-cut advantage over their rival’s, Coca-Cola. By following closely the six steps of the new-product development process, the company could expect such benefits as improved teamwork, less re-working, earlier detection of likely failure, and higher success rates. (Rix, Peter, 001, Marketing, A Practical Approach). Stage One Generating New-Product Ideas The first step for Pepsi Cola to undertake is to generate ideas for the new product. There are many different alternative ideas available to help Pepsi through this process. They should use input from their Sales team, customers, and suppliers to help with new-product ideas. Brainstorming is possibly the best method known to man to devise ideas or strategies. Their customers would also have proven an extremely useful source of information and ideas, as they ultimately are the ones who you are trying to satisfy. Stage Two Screening and Evaluating Ideas This is where Pepsi would have evaluated all of their ideas, in order to determine the viability of further study of each respective idea, in this case, Pepsi Au Naturel. The process of screening eliminates all ideas that are not viable due to unacceptable levels of competitive, operational or legal risk, or ones that simply don’t comply with the company’s overall position or strategy. Stage Three Business Analysis If Pepsi Au Naturel should survive to this stage, it must now be developed into a concrete business proposal. Management should undergo Concept Testing, or Pre-Testing of the product idea (Rix, Peter, 001, Marketing, A Practical Approach). This consists of three steps identifying product features; estimating market demand, competition and the product’s viability; and establishing a program for which to further develop the product. Management must now assign more responsibility for study to further examine Pepsi Au Naturel’s feasibility. Stage Four Prototype Development Pepsi Au Naturel will now be developed into a physical product. Prototypes or pilot models should be manufactured, along with laboratory tests amongst other technical evaluations to further determine product feasibility can Pepsi Au Naturel be made to meet the quantity and quality standards required of it? Stage Five Market Tests Pepsi Au Naturel must now face it’s last test before it has made the cut and can be officially launched. Pepsi will run a series of market tests to examine consumer interest in the product. They will conduct strategic marketing ploys including product sampling, where samples of Pepsi Au Naturel are given to the public at sample stalls, and Test marketing where Pepsi Au Naturel shall be placed on trial sale in certain geographic areas. Any necessary fine-tuning of the design and production variables, due to results of the Market Tests shall now be conducted, and Management are now faced with the question of whether or not to proceed to market Pepsi Au Naturel commercially. Stage Six Commercialisation In this, the final stage of the new-product development process, production and marketing programs are put in place, and Pepsi Au Naturel is now ready to be officially launched and released to the market. It is no longer at the mercy of Management, rather to the external competitive environment which shall manipulate and control the destiny of Pepsi Au Naturel.



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Brave New Oregy

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Compare and Contrast Dogs and Cats

There are 5 million cats and 5. million dogs, yet dogs are found in 4. million more American households than their feline counterparts, according to a recent report prepared by the American Veterinary Medical Association. However, this great disparity between dogs and cats should not seem alarming considering the fact that dogs have been around for centuries as the humans steadfast animal companion. Since the earliest agrarian societies, to the modern post-industrial societies of today, dogs have been an intregal part of how humans have functioned. Unlike cats, dogs have sense of usefulness and belonging that appeals to a larger segment of the American population. More dogs are in the American homes because humans benefit from owning them.....

Creative Writing Dogs and Cats

The cursed cat. He was grinning at them, that insolent face just grinning and staring, those disgusting whiskers twitching, the disgusting muddy fur, the disgusting hole in his ear. Scampi and Mustard stood at the bottom of the tree, tongues slowly moving in and out. It was over, both of them knew. They stared right back at the mangy cat with hate in their eyes. Its tail was curling back and forth. Cant we wait this time? No. But- We could stand here all day, but wed have to leave sometime. Whats the use? Scampi smacked the tree with his little paw. Nature was most unjust. The cat began cleaning itself arrogantly. The nerve, thought Scampi. Heres this new cat, obviously fresh out of the bad part of town, no owner, no home, no nothi....

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Friday, August 17, 2012

Please accept me for this website.

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This is srikanth Yada, from Virginia, USA. I want to subscribe to this essay website. I want to Please accept me for this website. hello, can you subscribe me?? hello, i am requesting subscription. That is all I want. Nothing else. I do not understand why are you asking for an essay to register for free of this website. All I asked was to get into this informative organization. I hope that you guys will let me into this web organization so that I get access to your valuable information. What else I need to do? I think this is enough. What do you say? I think you should go with your instincts. I guess you know what I mean. well what do you say about the content of my essay?

Subject Test Practice Books � Each practice book contains a full-length test and answer key, test-taking strategies, and information to help you understand the score you earned. The appropriate practice book is sent to individuals who register for a Subject Test, or download now.

Analytical Writing Section

A single score is reported for the analytical writing section. Each essay receives a score from trained readers using 6-point holistic scale. In holistic scoring, readers are trained to assign scores on the basis of the overall quality of a response to the assigned task. If the assigned scores differ by more than 1 point on the scale, the discrepancy is adjudicated by a third, very experienced, reader. Otherwise, the scores from the readings of an essay are averaged. The final scores on the essays are then averaged and rounded up to the nearest half-point interval (e.g., .0, .5).

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The primary emphasis in scoring the analytical writing section is on your critical thinking and analytical writing skills rather than on grammar and mechanics. Additional scoring information is provided in the POWERPREP software and in the interpretive leaflet enclosed with your score report.

During the scoring process, your essay responses on the analytical writing section will be reviewed by ETS essay-similarity-detection software and by experienced essay readers. See Independent Intellectual Activity.



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Thursday, August 16, 2012

Ceremonies in Dark Old Men

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In Lonne Elder III’s Ceremonies In Dark Old Men, Mr. Russell Parker owns a barbershop that is on the verge of failing. His two sons, Theopolis and Bobby, are both active participators in the crime scene of Harlem. His daughter, Adele, works many hours a week to support her father and her two brothers. This cast carries us thru the action of this play. Three aspects of this play caught my attention as I read it. Adele’s attitude throughout the play, Bobby’s crimes, and the cliffhanger ending caught my attention more than the rest.

Adele’s attitude throughout the play changes several times based upon the events that are happening around her. At the opening of the play, she’s working hard to support her father and her brothers, and all they do in return is expect her to do more. Her attitude changes again when her brothers and father finally go into business for themselves producing corn whiskey. She undergoes another change of attitude when she finds out that her brother, Bobby, has been killed. Adele’s attitudes add a lot of suspense to this play, and it helps to move the action from one act to another. Without it, I do not think the play would have had the same meaning and impact on me.

The crimes that Bobby commits during the course of the play increased my reaction to the play. He starts off with very small things. Occasionally stealing something from here and something from there, but with time, he ends up stealing a typewriter for his father’s birthday just because Theo said that their dad would enjoy having a typewriter. When Theo starts producing corn whiskey, Bobby began breaking into various stores during the night and robbing them blind, stealing major items. This move up in burglary set the stage for the cliffhanger at the end of the play, and I feel that it was a necessary part of the play.

The end of this play was one major cliffhanger. I found out that Bobby was killed during a robbery. When Theo and Adele found out, they both were in total shock and neither of them spoke a word during the entire second scene of act two. I then found out that Mr. Jenkins had heard the news and was coming over to tell Mr. Parker what had happened. About this time, Mr. Parker comes back into the action and just keeps rambling on and on about the happenings and how he beat Mr. Jenkins in a game of checkers, completely unaware of what has happened to his son. The play just drops off with him asking, “Say, where’s Bobby?” This cliffhanger was one of the best I had ever read, and it left me hanging there wondering what had happened.

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In my opinion, this was one of the best plays I had ever read, and I would most definitely recommend it to anyone who ever asked me to give them something to read. The plot and storyline of the play was wonderful and had my attention from the very beginning, and the cliffhanger at the end just astonished me and left me thinking of all the possible things that could have happened when Mr. Parker found out about Bobby’s death. I think he would have went into the basement and shot himself, but how will we ever know what truly happens?



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Tuesday, August 14, 2012

cocacola

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be disgraceful to criticize or speak against her husband in any way. All her life she had been told that her opinions do not count. You may ask, Why doesnt Winnie fight to protect her rights from being obviously violated by Wen Fu? The answer is that she has never heard of individual rights of women that are actually worth anything; it is utterly unheard of in Confucianism. Confucianism also hampered Winnies attempts at running away. Since women are regarded as inferior and totally dependent on others in Confucianist society, there was no way a woman could make it on her own in the world unless she became a servant, which definitely would not help Winnies plan. The reason she put off running away so often was because there was no way she could survive on her own, not (ironically) without her husband. Only when she met Jimmy Louie for the second time in Shanghai did Winnie have any hope of escaping her horrible marriage.

Besides describing a mother-daughter relationship and bashing Confucianism, The Kitchen Gods Wife is also about human qualities, emotions, and even vices. This book is also about love, betrayal, injustice, hope, friendship, and loyalty. Love existed in Winnies relationships with those closest to her. She dearly loved her children, Yiku and Danru, and they were sources of joy and hope--sometimes, they were all that kept her from giving up and ending the misery for good. After Danru died, Winnie knew that she could not bear to have anymore children and subject them to the cruel attentions of Wen Fu, so she got an abortion every time she got pregnant, not out of convenience, but out of love. She explains to Pearl, I cried to myself, this is a sin--to give a baby such a bad life! Poor Danru. He trusted me. So I let those other babies die. In my heart, I was being kind.

Winnie and Helen shared a strange friendship. As Winnie says, She [Hulan] is not someone I chose as my friend. Sometimes I do not even enjoy her company. I do not agree with her opinions. I do not admire her character. And yet we are closer perhaps than sisters, related by fate, joined by debts. I have kept her secrets. She has kept mine. And we have a kind of loyalty that has no name in this country. She and Helen became friends purely through circumstance, but their friendship has endured because they know each others secrets, and are bound by this to be loyal to each other. So naturally, Winnie felt betrayed when Helen said that she wanted to tell Pearl Winnies darkest secrets. Winnie also felt betrayed when Helen helped Wen Fu find her when Winnie first attempted to run away.



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Sunday, August 12, 2012

EMI Performance for 2002

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a) Describe briefly the core activities of the company and its operations for the past year, relating these to developments in the industry

EMI, abbreviated from Electric & Music Industries , began life around 187 with the formation of The Gramophone Company & Columbia Phonograph, which would go on to merge in 11, to form EMI.

EMI, which known as famous in music recording, also working with all kinds of retail, distribution, hardware and software companies to catch up consumers¡¦ needs in different types of music, which changes with technologies and preferences. The core business could be divided into two divisions Recorded Music and Music Publishing. Currently there are five labels under EMI Group, which are

1) EMI Records

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) Capitol Records

) Virgin Records America

4) Caroline Records

5) EMI Chrysalis

Firstly we can take a glance on how music industry has performed for the period during first half year of 00 from the data published by IFPI organization. World sales of recorded music fell by 10.% in value and by 10.7% in units in the first half of 00. Unauthorized file-sharing and commercial piracy were major factors in the decline. At the same time DVD music sales grew sharply and a there was a marked increase in the availability of legitimate online music, with 00,000 tracks now on offer online.

Interim sales of all audio and music video formats were worth $US 1.7 billion, compared to $US 14. billion in the same period of 00. Within this figure DVD music video showed substantial growth in both units (up 46%) and value (up 55%), and now represents more than 5% of global music sales.

For the unique of this industry, piracy has become a major pivotal to the sales and profit. Internet piracy in particular affected the worlds major markets in the first half of 00. Germany, Japan, France and the US suffered significant declines. Germany, Japan, the US and Canada have seen the numbers of unauthorized downloads of tracks and copied CDs reach, and in some cases exceed, the levels of legitimate track and CD album sales.

Let us back to EMI Group PLC. From the Balance Sheet we could have a first impression, which is that she performed better than year 00, even as a whole still struggling at negative number, but finally turned profit into black. For the fiscal year ended at 1 Mar.00, 81.55% of turnover comes from Recorded Music whilst Music Publishing generated the rest portion of 18.45%. By area we look into the business operated, domestic market (United Kingdom) shares 14.56% of EMI Group profits, .5% from North America, 1.04% from rest Europe area and 18.70% generated by Asia Pacific area.

Certainly EMI also affected by the aforementioned industry wide movement. Recorded Music sales fell 1.6% to £1,774m as the result of a combination of factors including macroeconomics effects in some specific regions. To the Music Publishing business, on the contrary demonstrably the best performance compared with the industry, however, for the cross border sales, sales in this year still fell marginally from £416.4m to £401.m due entirely to currency movements, described by EMI Groups¡¦ financier. It would be a flat sales and only slightly loss on operation profit down by just 0.5% if the currency rate were constant.

By reducing headcount up to 100 worldwide and the ongoing fixed cost base to nearly £100m,EMI tried hard to implemented a comprehensive reorganization for both its company and financial structure in react to the global down turn.

b) Calculate the return on capital employed for your chosen company and describe the meaning of this figure in context

Return On Capital Employed calculation

ROCE for 00

Gross Profit £ 186.m

Total Capital Employed £ 5.8m X 100%=5.8%

ROCE for 00

Gross Loss (£ 6.6m)

Total Capital Employed (£15.0m) X 100%=45.7%

We found a dramatic improved performance for year 00 ,compared to year 00. First of all, headcounts-go up to 1,00 and accelerated £100m cost-cutting turned the gross profit into black for year 00, offset the total turnover slumped 11.05% for year 00. In year 00, despite of gross loss ,for the current liabilities due within one year is high, made the total capital employed negative, these two negative amounts made the ratio of ROCE meaningless .

Further look into the balance sheet, Short-term borrowings reduced heavily 5.6%, this may beautify the ROCE rate, however, the long-term borrowings increased 1.47 times compared to year 00 for the new issued Bonds and Notes, which will due on 00. Financial structure re-organized may purify the report for this year, but also could burden following years performance, especially music industry is predicted to slumping at coming years. We can not figure out the reason to issue long-term notes and bonds through this financial report, but mainly can be translated as for re-construct EMI Group organization.

As a special feature of music industry, a large proportion of EMI Group¡¦s fixed assets are Music Copyrights and Goodwill, sharing 6.5% of total assets compared with the actual tangible fixed assets put into operation, in which only sharing 14.6%. So the return on capital employed ratio for music industry can not fully demonstrate the effectiveness of its resources available to management that have been deployed. Also another interesting ratio has been noticed, her gearing ratio

Gearing Ratio

00

Total long-term Liabilities £ 80.1m

Total long-term Liabilities and Equity £ 87m x100%=41.4%

001

Total long-term Liabilities £ 400.7m

Total long-term Liabilities and Equity £ -6.5m x100%=N/A

First of all, the massive loss for 00 and 00 made the Equity shareholders funds for EMI Group PLC become negative .Even such situation made Gearing ratio analysis become meaningless, we still can find that obviously EMI Group changed its financial leverage policy and into a highly geared company for year 00. We can not see notes from this financial reports clearly stating the reason why EMI Group Plc made such dramatically change, but could be mainly refer to the massive lay-off and closure of loss-making investments during year 00 needs another amounts of liquid assets, say cash. So large portion of EMI Group Plc¡¦s current liabilities extend and will due at 00.

Maybe for the year 00 EMI Group plc showed to investors a sparkling performance, but how could EMI Group plc manage for the following years debt since no unexceptional gained will occur at predicable years is a question mark, moreover , interests generated from long-term debts also will have significant impact on following years performance.

C) Compare the overall published results of your chosen company with those of your partner company and explain significant differences

The partner company for this assignment is Music Choice Europe plc. Music Choice Europe plc provides music through digital television to consumers and businesses. We can say that if EMI Group plc is the upper stream, then Music Choice would be the lower part of it. One is to ¡¥manufacture¡¦ music product, the other is to distribute music product to general consumers. Also we found the interesting relationship between Music Choice Europe and many multinational entertainment companies. Time Warner and Sony sharing two seats of Music Choice Europe¡¦s board. It¡¦s more like a joint venture between these companies as well as EMI Group Plc invested in HMV for distribution purposes. Besides the characteristic differences, we can compared this pair companies by same ratio analysis,

We can compare these two companies by ROCE ratio and Gearing Ratio analysis, which we adapted in analyzing EMI.

ROCE (Music Europe Plc)

00 (in £¡¦000)

Gross Profit £ ,16

Total Capital Employed £ 18,05 X 100%=1.0%

ROCE for 00

Gross Profit £ 1,570

Total Capital Employed £ 5,787 X 100%= 6.08%

As a small capital new company, ROCE ratio certainly much smaller than EMI Group, which running for years and is an international company, however , her gross profit is growing. The Balance Sheet for Music Europe Plc is much simple and clean than EMI Group due to Music Europe¡¦s limited product lines. For the year 00, Music Europe performed a better cost control and rewarded as a lesser loss. For this part , it is similar to EMI as a trend to tighten cost controlling. Unlike EMI¡¦s shrank sales, Music Europe boost up her turnover for 1.1% for year 00.Under the serious piracy problem, especially for internet illegally downloading problem for music industry, Music Europe could say did a very good improvement in business.

Gearing Ratio

Amazingly, Music Choice Europe does not have any long-term liability. Despite of the size of this young company, this could ease her burden, the possible large interests, on poor performance since set up. If we do not study the reason why Music Europe holds so much cash on hands compared with last year, Music Europe Plc is much more a financial structure healthy company than EMI Group Plc.

But of course there are some information that we can not get through financial reports, The majority cost for Music Europe is distribution cost , however , we can not find any note in her financial reports explaining the reason and suitability. From this point of view, as EMI Group is a listing company and has to obey the rule, her financial reports are more in details than Music Choice Europe does.

d) Comment, in the light of your investigations, on the statement that ¡¨the profit disclosed in financial reports is calculated after the application of many judgments and estimates and therefore has limited use¡¨

Financial reports, especially for those statements have been audited, are the outcome after the application of many judgments and estimations, certainly limited their use. For many items within financial reports can only be estimated , like fixed assets¡¦ depreciation, as the difficulty to measure exactly true usable period and residual value ,therefore estimation on these should be made. Based on the accounting principles agreed or regulated, even principles may be varied from country to country, but universal language for these reports is to express the fair and true value of such company¡¦s performance for the past year.

For what financial reports representing are according to historical transactions, therefore could be one of the important resource for management team to adjust/modify whole business operation in react of future competition.

We may take EMI Group Plc for an example, for the whole music industry¡¦s down turn in year 00, EMI Group struggled but still shrank its turnover and lowered by £70.4m (11.1%) for year ended 1 Mar. 00. But with EMI Group¡¦s implementation of a comprehensive reorganization for its Recorded Music division, 100 headcounts reducing together with the ongoing fixed cost base reduced by nearly £100m, made EMI Group still turned the profit into black.

Besides the organisation-reconstruction, EMI Group completed a sweeping balances sheet restructuring, more than doubling average debt maturity to five years, and covered passive interests in its undertaking investment subsidiaries, these all the elements of EMI Group¡¦s surprising performance.

But we can also found other interesting factors , for EMI Group disposed its loss-making investment, HMV and VIVA Media AG, this disposal generated an unexpected cash income and lower the amortisation of its copyrights and goodwill acquired related to these two company. This means that the uprising performance for EMI Group in year ended mar.00, a large portion could attribute to its unexpected income. For a long term view, unless EMI Group keeps on controlling and reducing its cost and expending its revenue in forthcoming¡¦s predicted down turn in this industry, it probably could not hand out such as good profit as this year. As aforementioned in (b), EMI Group did not state clearly the reason to extend the short-term long, and this may limit people who read the financial reports to do further analyze.

From an investor¡¦s view, still there are many useful information on financial reports provided and from notes , announcements released. However, as we know that financial reports can be artificially beautify after some adjustments, which on purpose perhaps, we still need to bear in mind the nature of limitation on financial reports.

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Source �ñ soundgenerator.com

�ò IFPI website/News press

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Friday, August 10, 2012

Business Law

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Contract � An agreement that is enforceable in a court of law

A contract is legally binding only when it contains certain factors

Capacity � The legal capability of entering into an agreement; some individuals, such as minors, and mentally incompetent or intoxicated persons, are not seen in law as having the capacity to enter into a contract.

Legality � The purpose must be neither criminal nor against the public good.

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Consensus � There must be complete agreement, or consensus, among the participants.

Intention � The intent must be that legally enforceable obligations will result from the agreement.

Consideration � All parties must offer a consideration, which is the price paid for a promise, something of value of promised or paid that is taken to indicate that the person has considered the agreement and consents to be bound by it.

Capacity includes minors, mentally incompetent people and individuals who are intoxicated.

Age of Majority � The age at which a person is recognized as an adult according to the law of his or her province.

Minor � A person who has not attained the age of majority according to the law of his or her province, and therefore is not legally an adult.

• Each province and territory in Canada sets its age of majority. A young person who is legally a minor in one province may be considered an adult in another.

• In general, the courts are unlikely to enforce a contract against a minor.

• It doesn’t matter if a person appears to be over the age of majority and the other party to the contract honestly believes that the young person is an adult. This is true even when the minor has deliberately lied to or misled the adult.

• If a contract is cancelled by the court, the minor is entitled to have any money paid refunded, but must return the goods purchased.

• Parents of a minor are not liable unless they had previously authorized the contract. If a parent co-signs a contract, or persuades the other party that the parents have accepted responsibility for it, they can be held liable.

Repudiation (anticipatory breach) � an indication by a party that he or she will not go through with the agreement as promised.

Minors’ Contracts for Necessities

Contracts that involve matters necessary for the minors’ survival can be enforced by the courts. Necessities are those things which are needed for everyday (food, clothing, shelter, education, medical care, job training, and other programs).

Necessities � The basic goods and services required to function in society

• Minors must fulfill any contracts they make for necessities.

• A minor only has to pay a reasonable price for the necessities. The court will reduce the price if it is not a fair one.

• It is up to the other party to prove that the contract is for necessities or, if job related, that it is beneficial to the minor.

• Loans to minors are not recoverable unless they are used for necessities.

Mentally Incompetent and Intoxicated Persons

Contract law gives special protection to those who suffer from mental impairment when they are entered into an agreement. The impairment may be due to a variety of causes, including

• Physical disease

• Mental illness

• Drug use

• Alcohol use

If someone was under these causes they must immediately try to fix the problem

A contract made by such a person can be voided by the courts, as long as the following rules apply

• The contract is not one for necessities.

• The impairment was sufficiently serious that the individual was unable to understand the nature and consequence of what was going on.

• The other party had actual knowledge, or was put on notice, of the impairment at the time the contract was entered into.

• The agreement was cancelled within a reasonable time by the person deemed incompetent or drunk. A “reasonable time” means the individual must cancel the agreement promptly after the return to mental competence or sobriety.

Legality

Courts will not enforce illegal contracts.

Illegal Contracts � Contracts which cannot be enforced because they are contrary to legislation or public policy.

• The agreement involves breaking a civil or criminal statute. This is known as statutory illegality.

• The agreement is against public policy and violates the public interest

Examples of statutory illegality Hitman successfully carrying out contract and if employer doesn’t pay, he cannot sue him in court.

• Statutory illegality can arise from two different situations those that are criminal, and those that are wrong only because they are prohibited by civil statutes or regulations.

• Those contracts that are illegal only because they are prohibited by statute may be enforced if there was no intention to violate the statute.

• The court may find that there was no intention to violate the statute if at the time of the performance the illegality was cured.

Contracts Against Public Policy

Contracts that are against public policy, or the good of the community, are unenforceable.

Example A person cannot sell his business and open up a new one right across the street the next day.

Goodwill � The value of the good name, reputation, and connection of a business.

• In general, any contract clause that limits a person’s right to earn a living is presumed to be against public policy, and therefore unenforceable.

• This presumption can be overturned if the restraint clause can be proved to be reasonable. To be considered reasonable it must a) be necessary to protect the business b) contain restrictions on time, area, and subject matter that are no greater than are needed to protect the business c) not be against the interests of the public.

• The person to be restrained must possess some special skill, or knowledge of trade secrets or special techniques. Alternatively, the individual must represent major potential competition to the business sold or to the employment the individual has left.

Consensus

Before any contract is finalized, there must be a general agreement, or consensus, between the parties involved. There can be several stages in the process before consensus is reached

• Bargaining or negotiating

• Offer

• Counter offer (this stage does not always take place)

• Acceptance

Bargaining � An Invitation To Treat

Invitation To Treat � The technical legal term for the invitation to engage in the bargaining process.

There is no duty imposed upon people that they should act in good faith. Each party is permitted to try to get the best deal possible for itself.

• An offer must contain all of the terms that will be included in the contract, so that the other party need merely say, “I accept.”

• The essential terms necessary for a contract will vary with the circumstances but they normally are the parties, the price, the terms of payment, and the subject matter.

• If a term indicates that the party making the offer does not intend to be bound, but may want to negotiate further, there is no offer, but an invitation to treat.

Withdrawing an Offer

An offer can be withdrawn or revoked anytime before acceptance, if there is no consideration paid for keeping the offer open.

• Even though an offer is made, it can be withdrawn, or revoked, at any time before it is actually accepted.

• Even if an offer contains a term that states it will remain open till a certain time and date, it can still be revoked provided that a) the offer is withdrawn before it has been accepted, b) the other party is informed that the offer is no longer valid. The information that the offer has been revoked can be communicated directly or indirectly.

Termination Terms

Signing back an offer means, altering the offer presented by changing a term, for example, the price, initialing it and then delivering it to the other party.

• After an offer expires, it cannot be accepted. Offers expire, or come to an end, in seven possible ways 1. At a time specified in the offer. . After a reasonable time if no specific deadline is already given. . On the death of the offeror or offeree. 4. On the rejection of the offer (refusal to accept) 5. When the counter offer is made by the offeree. 6. On the bankruptcy of the offeror or offeree. 7. On the mental incompetence of either offeror or offeree.

Rejection � The refusal to accept the offer

Option � A new and separate

Options

To prevent an offer from revoking, you can add an option which makes it a new and separate contract for a specified time in return for some money.

Money paid for the option in not considered part of the purchase price. The sum is also non-refundable.

Conditional Offers

A specific criteria must first be met in order for the contract to be fully carried out. Example I will only buy the house if it’s in good condition and I get the finance required to purchase.

• An offer can contain a condition which, if not fulfilled, means the contract will not become an enforceable agreement.

• The party who asked for the condition must act in good faith in trying to fulfill it.

• All parties must co-operate in attempting to fulfill conditions.

• Conditions often require the consent of both parties in order to be waived, unless the contract specifies otherwise.

Counter Offer � The rejection of one offer and the proposal of a new one.

• When an offer is rejected it is put to an end.

• When a counter-offer if made, it ends the previous offer.

• An acceptance that includes any changes in terms is a counter-offer.

Acceptance

When an offer is accepted, a contract is formed. The deal is legally binding, and will be enforced by the courts.

Acceptance � An unqualified and unconditional agreement to the terms of the offer.

• Acceptance must be communicated to the other party and must be unconditional.

• Generally, silence cannot be acceptance.

• Acceptance can be by word or by conduct. Acceptance by conduct might be as simple as using a product rather than returning it immediately.

Negative Option Marketing

When a firm sends you its product and tells you that you’re stuck with it unless you notify us.

• The Parties can agree upon the mode of communication, such as the mail, fax, or personal delivery.

• Where there is no agreement between the parties, the courts may find that it was reasonable to use the mail in the circumstances.

• If the court finds that it is reasonable to use the mail. A) acceptance of the offer occurs at the time that the letter is put in the mailbox (assuming that the postage address is correct). B) if the letter is lost or delayed, performance is still fixed at the time the letter was posted.

• The mailbox rules apply only to acceptance of offers. They do not apply to withdrawal of offers.

The Formation Of A Contract

1. Invitation to Treat (seller lists business for sale)

. Offer (purchaser signs standard form offer)

. Counter Offer (seller reviews terms, changes if necessary, signs and returns to vendor); this can happen a number of times

4. Acceptance (Purchaser signs counter � offer)

Cooling-Off Periods � A specified time after a contract is made during which a buyer may terminate the contract by giving written notice to the seller.

Intention

The parties to an enforceable contract must have intended from the start of the process that legal obligations would result from their agreement. Parties can also specify if their contracts if they want their contracts to be enforced in the courts.

• Courts assume that parties to an agreement intend to be bound by it.

• The test to decide whether the parties intended to be legally bound is from the point of view of the promise (the person who receives the promise).

• Individuals can state in the agreement that they do not intend to be legally bound, and therefore no contract or enforceable agreement has been created.

• In family and social agreements, the court assumes that the parties do not intend to be legally bound.

• Exaggeration has been accepted by the courts as an indication that a person does not intend to legally bound by the statement. An example of this is advertising where statements are made such as” the best deal in Canada”

Covenants � terms of agreement

Consideration

Consideration is given in exchange for a promise. The consideration must be given bye the promise to the person who makes the promise (the promisor). Consideration can be anything of value in the eyes of the law (amount does not matter)

Gratious Promise � A promise for which no consideration is given.

• Consideration is anything of value given in exchange for the promise sought to be enforced.

• The courts will not inquire into the adequacy of consideration. It need not be fair or equivalent to the value received.

Shrink-Wrap Rule � contract terms relating to a shrink-wrapped product, often including a limitation-of-liability which limits or excludes the manufacturer’s liability for damages that may occur from the use of the product.

Past Consideration � The consideration has already been given

Click � Wrap Rule � Contract terms which are accepted when the user clicks an appropriate icon on a web site document.

• Past consideration is not consideration for later terms in a contract.

• A promise to continue to perform a contract is not consideration.

Agreements Enforceable Without Consideration

Agreements under seal

Promissory Estoppel � a remedy against a person who made a promise without giving any consideration for it, often used when a creditor waives strict compliance with payment dates and notifies the debtor in default for not making timely payments.

• Promissory estoppel has three factors. It is a promise

• A) Which the maker should realize would induce the hearer to rely upon it.

• B) On which the hearer does actually rely, and

• C) That reliance is to the hearer’s detriment.

Void � Never formed in law.



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Thursday, August 9, 2012

In Walk's Ed - Review

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“In Walks Ed” was the first play I ever attended and it was most enjoyable. I had no idea what to expect from the start. One of the things that first stood out at the theatre was the fact that all the employees were dressed in all black. When I enquired, I found out that they all dress in black so as not to distract the patrons from the entire performance. I was most impressed with the entire feel of the Ensemble Theatre, from the calmness and quietness of the entire area, to its interior design around the ticket booth area. This play felt like an edgy like a love story, filled with denial and every character seemed to be searching for something or looking for a goal. The five production elements I would like to focus on in this paper are; acting, directing, lighting, text, and theatre space.

It tells the story of Paladin, a gun for hire who comes back to his old stomping ground after a successful 15 year campaign of slaying numerous souls, even that of his boss. He, Paladin is haunted by the love he left behind, his lost love Darlene, who has now given up her criminal ways to the extent to which she has now become a cop. Paladin decides to come back anyway knowing that it could be his downfall, he knows that he could stay away and start a new life without Darlene, with his million dollars, but too him, her love meant too much to him. Maybe he believes that his soul would be empty without Darlene even with all the money that he has, so he decides to come back, with his old partner now enemy on his heels, Paladin tries to redeem the only true thing, the only thing that stood the test of time and meant everything to him… his love for Darlene.

All the actors in this play were believable. It seemed as if they were suited for the roles that the played, as if they were they people they were playing. Even though, the actor Kirk Dautrive looked much older than the character that he was playing, he did a good job.

The performers that I believed did a winning job in this play were Wayne Dehart, Broderick Jones, and Kirk Dautrive who played Sky, Eddie Paladin, and Pete respectively. Dehart’s portrayal of Sky was very believable, from the way he looked, (as being the owner of the bar), to his confident delivery of his lines; it was as if the audience was not even there. He even moved around with a slight limp that added some depth to the character, even though Dehart has a natural limp. The role of Paladin was well played by Jones; his stature aided him in his portrayal because he gave off this feeling of a professional, his suit that was Portuguese made, the shades, and his custom-made guns. It had professional written all over it. The way in which he walked and spoke his words set him apart from the rest of actors in the film, with an echoing voice, that could be heard throughout the entire theatre, an example of that was when he is tied up and is trying to tell Darlene that he came back to save her not kill her, he shouts “I came back for YOU!”. Thirdly Dautrive, who played the role of Pete, had a comedic performance throughout the entire play. Whenever the play seems to slow down or get a bit stale, he always seems to come up with the right words. An example of that would be the way he behaves when Paladin gives him some of the money at the ending, Pete gets excited, dances around the money, thinks about what he would buy, and then at the end he reminds Sky that he would be back at the bar tomorrow, it was as if Pete never received the money.

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On the other hand, Nicole Ford’s performance was mediocre at best, playing Darlene. She had her up and down moments throughout the play, but overall I felt as if the play didn’t need her as much. Her only highlights came from her fight scene with Bennie when she did no speaking at all. Finally, Jimmie Parker, who played Bennie the Jet, was too eccentric (a word he actually calls himself in the play), his laughs were not funny. One could tell that it was a fake laugh that was used for his character, thinking about it now, maybe he was cast to act like that in the play, but he stood out a bit too much, and not in a good way.

The element of directing seemed to flow throughout the entire presentation. The director, Marsha Jackson Randolph brought about a jazzy feeling to the play. I believe that she did a great job in inspiring the cast for the roles that they played because the scene is set in the mid 170’s to present. It took some work to get the actors into their perspective characters based for that time. All the visual elements-- bar scene, costumes, and lighting suited the time in which the played was based. The actors seemed to have all their steps for this play down. At no time did any of them seem to half step or lose focus at to their position on the set. All of their entrances and exits were smooth.

There was never a point in the play where there were long pauses or interruptions, it kept its jazzy flow throughout the play, even during the intermission. There was a felling that you were in a club similar to it, and there wan an artist on stage jiving or singing the blues.

Another element that is focused on is that of lighting. The lighting was effective in its portrayal of the time, place, characters, and situation of the play; it was dark, noisy, and smoky. The colors that were used again continued that jazzy vibe that was felt in the play. Colors such as purple and orange were used throughout the play. I believe that the lighting was realistic for this play; the scene was a bar, so it came with that dark hard to see feeling, the light source felt natural, there were only too sources of bright light, they came from the back room of the bar, and the front door, which I believe was a nice touch, that way you could anticipate someone coming into the bar, the use of automated lights. Nice touches to the lighting would be the jukebox that was situated in the corner of the set and a part of the play when Paladin decided to take a smoke; you can’t have a bar without someone smoking. That was a nice touch.

Now I would discuss the production element of text. This play was an improvisatory piece subtitled “The Essence of Soul, In a Late Night Mode” from director Ms. Randolph. Throughout the text, the author is trying to communicate to the audience the trials of Paladin; in his quest to redeem his self and reclaim Darlene. It shows the life of Sky who partially raised Paladin and then betrays him. I believe that that genre of this play is a tragicomedy.

In Walks Ed is also climatic in its nature, the plot began late in the play, and everything seemed to be set up in the past. As the textbooks says “In climatic structure, then, the play begins when all the roads of the past converge at one crucial intersection in the present-in other words, at the climax…a second consequence if the fact that the plot begins late in the story is that the time span covered within a climatic play is usually brief” (The Theatre Experience 8th Ed. pg. 6) as in the case with this play, a few hours. The background of the director had to do with the way the text was presented in the play, at times it sounded like poetry or spoken word.

The Ensemble Theatre is the preeminent African American arts theatre in Houston. This year would be there 7th year for them, and they intend to put on 5 productions for the 00-004 season. As a person of African decent, I feel it very important to have a place where plays by minority playwrights can be showcased.

In conclusion, this play was soulful and dramatic, it kept my attention for the entire two hours, the music, the setting, the acting, and the entire package was respectable. I was thankful for my opportunity to have a theatre experience that this class gave me, hopefully the three remaining plays we would be as enjoyable.



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