Tuesday, January 28, 2020

Lucy V. Zehmer Supreme Court of Appeals of Virginia Essay Example for Free

Lucy V. Zehmer Supreme Court of Appeals of Virginia Essay FACTS:W.O. Lucy, the plaintiff, filed suit against A.H. and Ida Zehmer, the defendants, to compel the Zehmers to transfer title of their property known as Ferguson Farm to the Lucys for 50,000$ as the Zehmers ad allegedly agreed to do. The families had known each other for many years and the Lucys had tried to buy the facility countless times, but to no appeal. After a night of drinking and badgering, W.O. Lucy was able to entice Zehmer into writing up an agreement that stated Zehmer would sell Ferguson Farm to Lucy for 50,000$. Later, Lucy sued Zehmer to compel him to go through with the sale. Zehmers argument centered on him being drunk and that the agreement was in jest hence the agreement was unenforceable. The trial court agreed with Zehmer, Lucy appealed. ISSUE:If a contract is signed by both the defendant and plaintiff parties, would the contract be considered unenforceable if one of the parties considers the writings in jest? DECISION:No. The Supreme Court of Appeals of Virginia reversed the rulings of the lower court saying that the writing was an enforceable contract. REASON:The court acknowledged that the writing was a contract. The fact that it was under consideration for forty or more minutes before it was signed. The fact that Lucy objected to the first write up because it was written in the singular; the discussion as to what was to be included in the sale, the provision for the examination of the title, the completeness of the instrument that was executed. The taking possession of it by Lucy without request or suggestion by either defendant that he give it back, are facts that show that the execution of the contract was a serious business transaction rather than a casual one. BASIC TECHNOLOGY CORPORATION v. AMAZON Appeals Court of Massachusetts, 71 Mass.App.Ct. 29,878 N.E.2d (2008). FACTS:Basis Technology Corporation, the plaintiff, filed suit against Amazon.com, Inc. The plaintiff company was responsible for creating software and provided technical service for Amazons Japanese-Language Website. Their agreement allowed for separately negotiated contracts so that the plaintiff company could provide additional services for Amazon. In 1999, the two entities entered into stock purchase agreements. Amazon later objected to securities that Basis sold. Basis sued for various claims including the securities and for failing to pay for additional services Basis provided that weren’t in the original agreement. During trial, it seemed as if the parties had settled based off a series of e-mails but Amazon reneged and the trial judge ruled against Amazon, which then appealed. ISSUE:Can a settlement be reached, and then be broken by only one party even if the two parties were bounded by such a settlement? DECISION:Yes. The Appeals Court of Massachusetts affirmed the trial courts finding that Amazon intended to be bound by the terms of the March e-mail. It constituted a complete and unambiguous statement of the parties’ desire to be bound by the settlement terms.

Monday, January 20, 2020

Waiting for the Sun :: Essays Paper

Waiting for the Sun 1 The theme of "Sweat" [Titles] is that in a fight between good and evil, good wins out eventually, because any evil done will come back to the source in time. There are three concepts that support this theme. They are conflict, irony and symbolism. 2 The conflict of the story is good vs. evil. Delia is good. She goes to church on a regular basis, sometimes more often than regularly. She continues to stay and fulfill her marital responsibilities, regardless of the fact that her husband is cruel. [She also kills Sykes, or at least lets him die.] 3 [Combine with previous paragraph.] Sykes is evil. He cheats on his wife and abuses her mentally, physically and verbally. The most evil thing Sykes does is let the snake loose in Delia’s hamper. His intent is that the snake will attack and bite Delia. Delia would die from the snake’s venom, and then she would be out of his life. 4 Irony supports the theme of this story. Sykes puts the snake into the hamper so that it will bite Delia when she goes to do the laundry. Instead, Delia gets away from the snake, and Sykes gets bit. This is ironic because Delia said, â€Å"What goes over the devils back, is got to come over his belly,†(762) earlier in the story. [What Delia says undercuts the irony.] 5 [Combine with previous paragraph.] Another irony of the story is when Delia notices there is only one match left. She curses Sykes for never getting any, and then she lights her lantern. When Sykes goes to get one, the match safe is empty. He is left in the dark because he never bought any matches. [Wouldn't one expect no matches if no one bought any? I don't see the irony.] 6 The most important concept of this story is symbolism. Sykes kicks a pile of white laundry, which symbolizes ["is"?] an evil act. The laundry is white which symbolizes good. Sykes â€Å"stepped roughly on the whitest pile† (761). A snake symbolizes evil or death. In the story the snake delivers the death.

Sunday, January 12, 2020

Comparing and Contrasting Two Versions of Macbeth Essay

The two versions of Macbeth were made in different years. The BBC version was lower budget and set almost as if it is a play being performed on stage. The Polanski version was a big- budget film which is set in real, outdoor locations. However, though each film is very different, they are both adapted from Shakespeare’s play. Sound is very important in a film; sound consists of three elements, these being dialogue, music and effects. In the BBC version of Macbeth, dialogue is the most important of these sound elements; this is because the BBC version is very closely related to Shakespeare’s play. In the BBC version, sound is used to tell everything; there are very few sound effects and very little music. Conversely, in the Polanski version all three elements share important roles. While the BBC version follows Shakespeare’s original script very closely, Polanski makes a number of changes to the script and sequence of events. An example of the original play being adapted is in scene one, in which he chooses to make very long so that he was able to miss our parts later on in the story. Instead of the witches meeting in the first scene, the witches meet and cast a spell using an arm. In the BBC version, this particular reference to a body part does not come until scene three. This is why scene one in the Polanski version is so long. The dialogue in the BBC version is identical to the dialogue that Shakespeare wrote. Though dialogue in the BBC version is the most important feature, there is music. Music is used to build up suspense at the very beginning of the film, this music starts and stops as does the use of thunder as pathetic fallacy. This creates an eerie and unpredictable effect. In the Polanski version, sound is a more subtle element. In scene one, everything is action with quiet sounds and the witches do not speak until two minutes into the scene. On the other hand, the witched begin to speak almost immediately in the BBC version. The mise en scene in both movies is important. A movie can be more realistic than in a staged play. This can be seen clearly in the Polanski version which uses elaborate, individual costumes which look very true to life. This is helped because the Polanski film had a big budget. The setting in the Polanski film was a real landscape and on location. Many props are also used; for example in scene one when the witches push a pram which contains an arm, a dagger and blood. Props add to any movie or play to make it more interesting. In this particular case, however, the props symbolic of what is to happen later in the play- gory murder. In the BBC the mise en scene is much simpler, being set more like a stage version- more dialogue, less scenery. In scene one there is only one setting. This scenery is much simpler and clearly filmed in a studio, it shows the witches situated on a rock in a dark area. The costumes the witches are wearing plain undistinguishing clothe: their black shawls are almost identical making the audience concentrate more on the dialogue, the mise en scene is a bonus, as opposed to in the Polanski version, where the mise en scene plays a more important role. Visuals are very important in both versions of Macbeth. In the BBC version there is only one shot in scene one, which makes it very similar to how it would be performed on stage. However, the difference is that the camera zooms in a the beginning and zooms further in to a close up of the witches’ hands at the end. This same effect could not be achieved in a stage version, In the third scene of the BBC version, there are many shots. This is because the scene is longer and includes more characters: Macbeth, Banquo, the three witches and two messengers. Whereas in scene one there were only three witches. In the Polanski version there are many shots; fifteen in scene one. Each shot is carefully made to portray something. Unlike in a play, a movie effectively tells the viewer exactly what to see at a certain point. One example of an important shot is the third shot in scene one where the shot goes from the three witches digging in the sand to a seagull flying in the sky. This shot may seem random at first but it was specifically chosen to show time passing. It can also symbolise a coming storm- seagulls flying inland means that there is bad weather brewing at sea. This can be connected as a sign of what is going to happen later in the story and what the witches are preparing, a bad spell. The use of lightning and colour is important in both versions. This can be noticed when the lightning in scene one in the BBC version and Polanski version is both red at the beginning. The colour red symbolises blood, a major element in the play and gives an indication to the audience of the bloodshed and murders to come. Colour is also important to portray the time of day. This is shown in the Polanski version at the beginning when it is dawn and the sky turns from red to blue, becoming brighter to show the sun rising. A red sky can also symbolise bad weather, as does the seagull later on. The saying goes: ‘Red sky at night, shepherd’s delight, red sky in the morning, shepherd’s warning.’ I think both versions are excellent stories of Macbeth. The BBC version is more like the original play and focuses on the literary content; the Polanski version contains more action. Both films are helpful in aiding students to understand the content and themes of the play because the BBC version is very similar to the original play- the speech is the same, however, the Polanski version is more cinematic which makes it more exciting and helps students to enjoy the play. I preferred the Polanski version because it is not completely directed on dialogue but also on action and scenery. I found this more interesting and more realistic than in the BBC version.

Saturday, January 4, 2020

Process Costing - 1831 Words

Process Costing Vs. Job Order Costing Manufacturers use different types of costing systems to allocate production costs to their products and services. Two types of common product costing systems are process costing and job-order costing. While each system applies the same production costs to products, there are distinct variances in the application method. Process Costing o Process costing applies production costs to products based on the process they go through in the manufacturing process. Each process has a standard amount of overhead, labor and materials that are applied to each batch run the individual manufacturing processes. Reconciliations are used after batches are processed to ensure that all appropriate costs are applied to†¦show more content†¦This is sometimes called a process cost worksheet. It details out the materials and labor requirements for each item to be produced. While the products are not produced individually, the material and labor requirements for one unit are calculated based on the typical production quantity. Standard Costing o Standard costing is often used in conjunction with process costing. Standard costs are determined on an annual basis and use the material and labor requirements from the bill of material along with the standard cost per unit of material or hour of labor to determine a standard unit cost. A standard overhead cost is also calculated annually and included in the product cost. Variances o On a regular basis, the standard cost is compared with the actual costs. The difference between the standard cost and the actual cost is called the variance. There are material variances, labor variances and overhead variances. High variances need to be investigated to determine if the product cost is reasonable or if there are production problems. Explanation of Process Costing Why Use Job Order Costing o Job order costing system is used in situations where many different products are produced each period. Job order costing system is also extensively used in service industries. Hospitals, law firms, movie studios, accounting firms, advertising agencies and repair shops all use a variety of job order costing system to accumulate costs for accounting and billingShow MoreRelatedJob Order Costing And Process Costing Essay1234 Words   |  5 PagesJob-order costing and process costing are two basic types of accouting systems. Costing systems provide cost data to help managers plan, direct and motivate, control, and make decisions (Garrison). These cost systems differ from entity to entity but most are based on one of the two. The costing systems can be seen and are explained in more depth in the following companies which each have different ways in which they produce products. 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Competition Bikes is performing this analysis so management can determine the optimum sales units to breakeven from its San Diego plant based on the current sales mix of 9 Titanium bicycles for every 5 CarbonLite bicycles produced. Traditional costing is an easily implemented costing method that aligns with generallyRead MoreJob Order and Process Costing Systems - Quiz Essay1908 Words   |  8 Pages  1. | Question : | (TCO F) Assume there is no beginning work in process inventory and the ending work in process inventory is 100% complete with respect to materials costs. The number of equivalent units with respect to materials costs under the weighted-average method is: | |    | Student Answer: | x | the same as the number of units put into production. |    | | | less than the number of units put into production. |    | | | the same as the number of units completed. |    | | |Read MoreAc552 W3 Lecture Process Costing Quiz706 Words   |  3 PagesTop That manufactures baseball-style hats. Material is introduced at the beginning of the process in the Cutting Department. Conversion costs are incurred (and allocated) uniformly throughout the process. As the cutting of material is completed, the pieces are immediately transferred to the Sewing Department. Data for the Cutting Department for the month of February 2005 follow: Work in process, January 31-- 50,000 units 100% complete for direct materials, 40% completed for conversionRead MoreIntroduction. Muddled Is An Acfi2003 Student And As Many1398 Words   |  6 Pagesthe course including a fundamental principle, the differences in the costing systems and cost management systems. The purpose of this essay is help Muddled understand the fundamental costing principle that management systems should reflect the fact that different costs are relevant for different purposes, and how this principle affects the way that job costing and process costing systems are designed. Along the way several costing concepts will be explained and laid out for Muddled to understand in