Marketing

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Television is one of the strongest methods of advertising. It is one of the most popular and common mediums in South Africa. The television advertising campaign for the cellular network-Vodacom has a series of adverts that form a relative image in the mind of the consumer. This is because they use the same characters in each of their adverts as well as keep a common theme, for example, humor with all the series of adverts.

The advert that we have chosen on television has been manipulated to suit the rugby world cup. Since Vodacom is one of the leading sponsors of the South African Springboks, they used an advert that was previously used to advertise the free emergency number that the Vodacom network entitles its subscriber to. The advert takes place in a rugby stadium where an eventful match is taking place. There is a couple, commonly known to the 'Voda-world' as the couple that is always getting into trouble leaving the 'hero' with the Vodacom cellular phone to bail them out. In this advert the crowd goes wild with excitement as one of the rugby players scores touch goal. The ignorant girlfriend, however, aims an orange at him and it hits him on the head. This causes him to get really angry.

The crowd moves away from them and the couple is left alone to face the wrath of the furious rugby player. It is at this point where everyone takes out his or her cellular phones and dials the emergency number that is free from the Vodacom network. However, as stated earlier on, the rugby world cup is on, the advert omits the original purpose of the advert i.e. to advertise the free emergency number and now focuses on the product's role on the South African rugby team. However, although the purpose of the advert has been modified, the original purpose is not totally neglected. It does exist, however, the advert will not gain attention for the emergency number but rather on the World Cup.

Bothma gives us two ways in which we can assess certain styles that an advert compromises of, these are what he call 'creative appeals' (Bothma 00; 66-67). These advertising approaches are divided into two categories i.e. rational and emotional or subjective. By applying these two approaches to the advert we have chosen, we will be able to filter through the advert and observe certain advertising techniques.

The first approach that is the rational approach focuses mainly on the advertising objectives for the product as well as certain facts i.e. quality traits of the product itself. According to Bothma, the message will have information about the properties of a product (Bothma 00; 66). Like Bothma, I believe this approach to be more successful because this approach plays on the imagination as well as the desires of human nature. By doing this, the advertisement will draw in larger audiences as well as reach the desired goals for the consumers

Bothma further describes many approaches under this category. However, the one most relevant to the Vodacom advert is the Product Popularity Approach and this is the approach that we will be discussing in further detail. According to this approach, the advertiser plays on the mind of the consumer by taking into account factors such as their personal preferences and human nature characteristics. By doing this, they are able to play on human emotion such as greed, desire and the need to fit in to society to get their desired goal.

In the Vodacom advert, the rugby game is used because at the moment, rugby is a popular sport in South Africa, not to mention, the rugby set provides a link to the sponsorship of the world cup. This scene allows the viewer to identify with the set and the characters in it. The main scene in the advert that gives us insight to why this advert falls under this particular category is when everyone calls the emergency number. This provides us with an idea of trend setting schemes in order for us to properly analyze the advertisement. The fact that everyone uses the cellular network Vodacom and everyone looks confident that this is the 'in thing' in terms of cellular providers creates an image in the mind of the viewer to this effect. The viewer would want to be part of this trend, as he/she will want to feel part of the bigger picture. The advertiser knows this and plays on this fact, thus he hopes to gain the desired objective that he has set for the outcome of the advert.

Now, let us take a look at the objective or Creative appeal. This kind of appeal deals with a specific target audience in mind. It takes into consideration certain demographics such as age, sex, and personal preferences and tries to lure audience's in. it enables consumers to identify with the chosen characteristics that the advert portrays. Bothma believes that this approach is more successful and will obtain better results than the rational approach (Bothma 00; 66). Like Bothma, I believe this to be true because this approach plays on the imagination as well as the desired of human nature. By doing this, the advertisement will draw in larger audiences and consumers. Like the other appeal, there are many different approaches under this category; however, we will only be discussing those that are relevant to the advert.

The most important approach that is directly related to this advert is the humorous approach. This is what the advertisers used in the Vodacom advertisement. According to Bothma, this kind of approach is exciting initially to viewers but soon enough, it is bound to bore the audiences soon enough. However, I beg to differ, the series of Vodacom adverts provides a unique and insightful way of looking at the properties of the product. These adverts have been going on for years and have been successful ever since they first began.

The next approach is referred to as the Slogans and jingles approach. This approach creates familiarity between the viewer, the advert and the product. The most common of all Vodacom adverts are the familiar sound of the man who always rescues them with his phone call. His famous saying whilst talking on the phone requesting help is 'Yebo-Gogo' or 'Hello-Vodacom'. This creates a programmed image in the mind of the viewer enabling us to recite these lines on and off television times.

This leads us to the fact that the Vodacom advertisement that we are currently analyzing is actually one of several that seem to follow up on each other. The advertising agency that dealt with Vodacom was ingenious when it decided to design follow up advertisements that consumers could identify with. The infamous yebo gogo captions and the consistent characters the old man with the cellphone, the very ignorant middle aged man who thinks he knows and can do everything, and a recent addition his blondish type girlfriend make the vodacom advertisements something that consumers want to watch. In fact, some people actually wait in anticipation to see what these characters will be up to next.

Now the question that we as marketing students have to ask is what are the marketing objectives behind this type of advertising? What do the advertisers plan to achieve and why is their approach to advertising so different from the rest?

Marketing objectives are essentially implemented before the actual advertisement is created. They define "the goals of an advertising campaign or exercise." (Bothma, 00 7) They are seen as the guidelines for the whole marketing strategy that goes into the creation of an advertisement. The objectives are "part of the broader marketing communication objectives". (Bothma, 00 4) The basic questions that need to be attended to are what the essential message to be delivered is; what audience (target market) are you dealing with; what do you expect to happen (the effect of the advertising campaign); and what kind of strategy are you going to implement in order to evaluate the success of the advertisement. (Bothma, 00 44)

In terms of the advertisement that we are discussing it seems that the essential message that Vodacom want to throw across is awareness of their services as a cellular network provider, in this case the emergency call number that can be dialled for free whenever or wherever there is an emergency. Hence, the advertisements always deal with the middle-aged man falling into some sort of dangerous and harmful situation from which only an emergency call can save him. Here, we see that he is being carried away on a stretcher that was called in by the older man on his cellphone. Other information the advertising agency would want to portray would be that of the quick response of the vodacom emergency service. This is shown through the fact that the emergency unit was sent to the rugby field which is where the incident occurred. Therefore, no time was wasted portraying the quick response of the vodacom emergency service. All of this relates to the objective of creating awareness.

This particular advertisement however, is also linked to a public relations campaign, in the form of a sponsorship. The caption at the end of the advertisement states that the consumer must not miss the upcoming Rugby World Cup. Hence, Vodacom is sponsoring the Rugby World Cup, in an attempt to emphasize their brand image. Thus, one of their objectives would be image advertising, in order "to reinforce a favourable image of [their cellular network]." (Bothma, 00 46) The Rugby World Cup's mass media coverage would be advantageous to Vodacom's advertising needs and objectives.

The other objective that I can pick up is that the advertising agency intended to enforce the idea of the vodacom service image into the mind of the consumer. In the same respect, the advertiser is inadvertently reminding the customers to purchase this product. This is done through the function of frequency which is defined as "The number of times, on average, that the members of the target audience are exposed to (see, read or hear) the advertiser's message in the media vehicle in a given time period." (Bothma, 00 145) Therefore, if you observe the frequency of exposure of the Vodacom advertisements then it is simple to see that this service provider's objectives are to remind the consumer about the product and its benefits. This is as a result of the existence of three cellular networks in South Africa, all competing to "keep their own products and brands foremost in the minds of their customers." (Bothma, 00 46) One must remember that the main aim of any organization is to increase purchase. Therefore, the main aim of Vodacom's advertising campaign would be to increase the number of consumers who will subscribe to them.

Another advertising objective deals with the type of audience that the advertisement will appeal to, in other words, the target market. In this particular case Vodacom is attempting to attract the attention of the national rugby team supporters and all other South Africans who will be watching and following the Rugby World Cup, trying to imprint the image into the consumers mind so that when he or she think World Cup Rugby, then he or she inadvertently thinks Vodacom. The target market also includes those consumers who own cellphones. Additionally it seems that the old man in the advertisement is extremely techno savvy, thereby implying that anyone, no matter what age, gender or creed, can utilize the services offered by Vodacom.

The intended effects of the advertising strategy would be to reach a greater clientele this is subsequently the most significant factor in advertising. This is clearly as a result of the fact that advertising on television has a greater reach than most other media institutions. Also, to enable those who are already subscribed to the service provider to reap the benefits of services offered, in this case, Vodacom's emergency service. Lastly, they would want consumers to acknowledge the fact that Vodacom does indeed support South African sports, thereby increasing the popularity of their brand image.

The evaluation of the success of the advertising campaign can be measured through the number of brand switches that occur before, during and after the Rugby World Cup. If there is an increase in Vodacom subscribers then the goal of the advertiser's objectives would have been achieved. Through these types of actions we can observe that the advertisers see advertising as an important strategy in the marketing communications mix. They would not be so enthusiastic to spend money on television advertising if they saw it as an insignificant part of the marketing communication process.

We are fairly certain that the advertisers who deal with Vodacom believe that evoking emotion in a consumer is what constitutes a 'good' advertisement. This is as a result of the fact that most of Vodacom's advertisements contain either a comic element to it or as, in the baby advertisement, a sense of longing to 'seize the moment'. We can see that they take particular pride in creating advertisements that can be followed up on. Not only with the yebo gogo advertisements but also with the live for the moment advertisements. The other factor is of course that an advertisement must be able to bring in more customers. One will know whether an advertisement is a good one once the evaluation has been done.

It is fairly obvious that television advertising involves an extremely large amount of planning. Without the proper methods an organization would literally be disadvantaged. For example, if the advertising campaign is not successful then the organization would have lost money and there is a danger that their image would be tainted as well. Therefore, it is vital that all aspects are taken into account, i.e. the budget, the objectives, etc.

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John Haigh

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In 14, John George Haigh was founded to be a serial killer known as The Acid Bath Murderer and The Vampire Killer. Haigh targeted old rich and retired people. His first family of victims were the McSwans. The McSwans family was rich and Haigh wanted to take their wealth. First Haight killed the son Donald McSwan. Then the following year he killed the parents Mr. and Mrs. WD McSwan. He killed them by bludgeoning them to death. (Beating them with a club) After killing them he forged the McSwans name on some transfer deeds, and he was able to get the McSwans properties and 4,000 pounds. When he lost all of the money at the dog track he decided to begin murdering for profit again.

His second group of victims were the Hendersons who where also rich. Haigh began to be their friends and he gained their trust. Haigh drove Mr. Henderson to his workshop where he shot him. Then he went to Mrs. Henderson and told her that her husband was sick. She went with Haigh to see him at his workshop. Once she got there he killed her in the same manner. After the killing of the McSwans and the Henderson's, Haigh duplicated their handwriting and sent notes to their servants, relatives and friends explaining that they moved to Australia or some distant place, and mentioning that Mr. Haigh would settle their affairs. Haigh sold off the Henderson's house and car, and received 10,000 pounds from their bank accounts. But in almost a year most of the money was gone by losing to an army of bookies.

He was overdrawn at his bank and needed to pay back rent to the Hotel he stayed at. So he began looking for his third victim. He targeted a wealthy, retired matron by the name of Mrs. Henrietta Helen Olivia Roberts Durand-Deacon. She knew Haigh leased and rented cars to patrons. So she thought he would be interested in promoting her idea about manufacturing plastic fingernails. Haigh responded favorably to her idea. He told her to meet him at his workshop to discuss it. Once the woman entered the workshop Haigh shot her in the back of her head. After killing all of his victims he stripes their bodies and dumps their body into a 40- gallon vat of sulfuric acid. Then he drains the vat and dumps the sludge from the vat into the dirt of the backyard. This process with the acid is what gave him his name. Because he did this to every victim he became a serial killer. He is also known as the vampire killer because after killing his victim he drank a glass of their blood.

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Haigh went back to the hotel and asked Ms. Lane who was Mrs. Durand-Deacon's friend if he saw her. Mrs. Lane said she told her she was going to his workshop. Mrs. Lane said she was going to report her disappearance to the police. Haigh went with her so he could seem innocent to everyone. Once the police officer recognized Haigh, he ran a background check. Sense Haigh had a criminal record the police brought him in for questioning. First he denied that he had to do with Mrs. Durand Deacon. Then he blurted out "Mrs. Durand Deacon no longer exists! I've destroyed her with acid …; You can't prove murder without a body. " But the police went to his workshop and found some remains of Mrs. Duran- Deacon. The remains were in sludge, but the forensic investigators unearthed twenty-eight pounds of body fat, false teeth, a pelvis, an ankle, gallstones, and a red handbag beneath the acid vat. They found his diary in the workshop. It told everything about all the previous murders. The investigators also found a few remains of the McSwans and Hendersons. Haigh was charged with the murder of Mrs. Durand Deacon and was placed on trial. Haigh tried to convince everyone in the courtroom that he was insane. He started that " in each case I had my glass of blood after killing them." Then he went into describing in detail all sorts of ghoulish acts on his victims, before giving their body's acid baths. The jury was not impressed. They came to a verdict of Haigh being Guilty. He was sentenced to death. On August. 6, 14, John Haigh was put to death at Wandsworth Prison.

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The World's First Car

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Kashif 1st period

5/14/0

The World's First Car

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"A world without cars, although unimaginable today; it was but back in the evolution of times" (Internet "Car History"). People used to pull their crude carts by use of slaves and the horses (Burgess Wise 8); then people started taking interest in education and Science became a part of education. People started inventing things by using Science and other education and they started to make a self-propelled vehicle to make their work easier and faster (Burgess Wise 8).

"The principle of mechanics has been made in 500 B.C. The Ancient Sumerian Civilization used flat structures mounted on wheels" which was the earliest reference to transport (Internet "Car History"). Using this reference, a man named Nicolas Cugnot started to make a self-propelled vehicle. He was a French Military Engineer who used a steam-engine to make it in 176 (Internet "Car History"). It was the world's first self-propelled vehicle in the history of cars (Internet "Car History").

The development of the car took place in Paris Arsenal and this car was used for French Army to move Canons ("The Early Cars" 1). The material of that car was metal and that's how it looked like on the right side ("The Early Cars" 1). That car had no roof, as you see that it also didn't have seats for a person to sit and drive. The highest speed of the car was 6 km/hrs ("The Early Cars" 1).

The early car era nonetheless played an extremely significant role in the evolution of todays car.

Bibliography!

1. Burgess Wise, David. "Automobiles". Encyclopedia of Automobiles.

16 ed.

. "Car History" (December 17) online Internet. Date 7 April 00.

Available WWW

http//inventors.about.com/gi/dynmamic/offsite. htm?site= http

//www. cybersteering.com/trimain/history/chrono.html

. Stanley, Jane. "The Chronology." Early Cars, Steam Engine and Early

Transportations May 16

Bibliography!

1. Burgess Wise, David. "Automobiles". Encyclopedia of Automobiles.

16 ed.

. "Car History" (December 17) online Internet. Date 7 April 00.

Available WWW

http//inventors.about.com/gi/dynmamic/offsite. htm?site= http

//www. cybersteering.com/trimain/history/chrono.html

. Stanley, Jane. "The Chronology." Early Cars, Steam Engine and Early

Transportations May 16

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Going to the moon

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Norah and her brother Gavin were living their aunts in Toronto, Canada because of the war that had broken out in England. Their parents were in England, but Norah and her brother were sent to Canada three years ago so that they would be safe.

They were spending the end of the summer up at Muskoka, at Gairloch. Gairloch is a cottage owned by the Ogilvie. All the cousins were going to be there.

Andrew, a cousin that Norah had never met was coming this year. Everyone thought that Andrew was the greatest. Norah had decided that she did not like him at all or even want to. Once she met him, there was a problem, she fell in love with him.

When Andrew came everyone was so happy to see him, and all they could talk about was Andrew going to the war to fight. They all wanted him to be like his uncle.

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Norah, Gavin and Sally follow their Aunt Mary into town to find out what she has been doing. They find out that she has not been getting a dress made, but meeting an old

boyfriend.

Norah goes to visit Andrew one evening and finds him crying in his cabin all alone. It was after everyone in the family had been talking about him going off to the war.

Andrew is always going off into town and spending time with his best friend's family. His friend has gone off to war.

Norah and Andrew go into town to spend the day together, but instead they meet with friends of Andrews, and they join along. Lois is with them.

The young kids have a party when the Elders go to a wedding and Norah sees Andrew and Lois kissing each other.

There were a couple of very interesting parts in the story, but the time when Norah saw Andrew crying, was the most. This kept me wondering for a couple of chapters why he was crying.

Opinion

I enjoyed reading this book because it was about places that I knew of and could understand where they were. It also was different because it showed how the war was in England, but in Canada we were safe. The story had some mystery to it and there was more than one thing going on in the story. This was about a girl almost the same age as me, so I could understand how she was feeling about things when she talked about them.

The vocabulary was good for me. There were words that I could not understand and some were hard for me to sound out. One of the words that I found hard to sound out was unoccupied. The word wiry was hard to read and to understand what it meant. I asked my family for help when it came to the words that I could not read. The words that I didn't understand what they meant I would read a little bit more to see if it helped me to understand it. Sometimes this did not work and then I would go and ask my family for help. When I was reading, I took a pencil with me and would put a line under the word and then go and ask. The word horrified I didn't understand, so my mom read me the sentence again out loud to see if I could understand it. She did this with some other words also. The word contribute was hard to sound out and even when it was said to me, it was still hard to say. I also needed help on what the word meant. She would use the word in another sentence sometimes to see if this would help. On some of the words it did, and the other words she just told me what they meant. The word bristled my mom and I both looked up in the dictionary, so she could give me the right meaning. I could have used a dictionary to look up the words, but that would take me to long. I also sometimes don't understand what the dictionary is trying to tell me.

The author wrote the book as if someone was talking. It was like young people would talk, and how people would really act. She talked about the way a girl starts her period at a certain age, and what they think about it. The girl cousins talk about boys and how the older girl tells her experience and that she knows more because she is older.

I could understand what they were talking about because it was like me and friends talking to each other.

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Odyssey Outline

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Odysseus stranded on Calypso's island.

Telemachus and Penelope think he is dead, as well as all of Penelope's suitors.

Penelope's suitors are eating Telemachus and Penelope out of house and home.

Athena visits Telemachus, hints that Odysseus is still alive, and Telemachus warns the suitors to leave, and then goes to visit Nestor and Menelaus.

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Nestor and Menelaus tell Telemachus what happened to the other leaders at Troy, and that Odysseus is still alive, but held captive on an island.

Suitors plan to kill Telemachus on the way back, but Athena warns Telemachus who escapes it.

During this time, Calypso finally consents to release Odysseus, who builds a raft and sets off. A few days later, a nasty storm hits, and the raft is destroyed, Odysseus is only barely able to swim to the island of the Phaecians.

On the island Odysseus tells the tale of his Odyssey, which is as follows

The lotus-eaters, men put into daze

Cyclopes, Polyphemus, blinded "No-man" escapes

Island of Aeolus, windbag, driven back to island

Laestrygonians, all ships but Odysseus's destroyed

Circe, Odysseus's men changed into pigs. Odysseus gets moly from Hermes, and is unaffected by her sorcery.

Sirens, men plug ears with wax, Odysseus tied to mast.

Scylla and Charybdis, the snake and the chasm, Odysseus loses 6 men to Scylla.

Cattle of the sun eaten by his men, their destruction ensured.

Ship destroyed in storm, all but Odysseus perish who is washed up onto Calypso's island.

After his tale, Odysseus is given a ship ride back to Ithaca, where he takes shelter, unrecognized, in his head swineherd's hut, from who he learns the state of things at his household.

Meanwhile Telemachus returns from his travels, and goes to visit the swineherd, and while the swineherd is temporarily absent, Odysseus reveals himself to his son, and they plan their next move.

Odysseus resumes his disguise, and goes into the city disguised as a beggar, goes to his house and is mistreated by the suitors.

Finally Penelope decides that she must choose a suitor, but the lucky one must string Odysseus's bow and shoot an arrow through twelve axes. None of the suitors are able to do it, and presently the bow comes to Odysseus and he, of course is able to. Odysseus, Telemachus, and two of his loyal servants then kill all of the suitors.

The next day peace is made between the families of the suitors and Odysseus.

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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.

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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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.

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.

Please note that this sample paper on In Walk's Ed - Review is for your review only. In order to eliminate any of the plagiarism issues, it is highly recommended that you do not use it for you own writing purposes. In case you experience difficulties with writing a well structured and accurately composed paper on In Walk's Ed - Review, we are here to assist you. Your custom college paper on In Walk's Ed - Review will be written from scratch, so you do not have to worry about its originality.

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