...Introduction The following case study provides an analysis of central idea of consideration and when the contract is enforceable because the agreement lacks consideration. In addition, discussion of multiple sources of law such as common law and the Uniform Commercial Code will summarize the difference between those sources and help to determine which one is applicable in the reviewed case study. Case Study As a recap of the facts, Jinsoo Kim invested about $170,000 into two companies part-owned and operated by Stephen Son who was not personally liable for the debts of the companies because of their corporate status. The companies eventually went out of business causing Kim to lose his investment. This fact made Son feel guilty who signed a contract in blood in Kim’s presence stating that all debts would be repaid back to Kim in exchange for Kim’s agreement not to sue Son for the money owed. At a later time, Son refused to pay Kim back and Kim sued Son to enforce the contract. The outcome of the lawsuit was that the contract was not endorsable because there had been no consideration (Beatty, Samuelson & Bredeson, 2008). To determine a presence of consideration, we need to remember that “contracts must be a two-way street” (Beatty, Samuelson & Bredeson, 2008, p. 163). Therefore, we need to review the following three rules of consideration: 1) Both parties must gain something valuable from the contract; 2) there should be a promise to give something valuable; 3) both parties...
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...11/10/2014 Kim v. Son Case Study Reading and learning about the Kim v. Son case was very interesting and brought up different contract principals to examine. In this study we see that Jinsoo Kim invested money into two corporations owned by Stephen Son. The two businesses ended up failing and all of Kim’s investment went down the drain. Down the road, after the downfall of the corporation, Kim and Son met to eat and drink where Son made an intoxicated promise with his own blood to repay Kim for his lost money (Beatty and Samuelson, 2008, p.164). At first glance of this case my thoughts went right to intoxication and how this contract could be voidable since Son was intoxicated when the agreement was made. However, further reading suggested that courts vary rarely allow a contract to be voidable purely because of intoxication. Some may be too intoxicated for certain things, but as long as they were aware of the contract being made, it would not be voidable (Beatty and Samuelson, 2008, p.164). Therefore, the argument that Son was in fact intoxicated would not hold up in a court of law. Looking more deeply into the case, I researched what the initial investment entailed. Kim invested money into the two companies; MJ. Inc. and Netouch International Inc. The investment money, as far as could be seen, was not given to directly benefit Son, but to benefit the companies. During the initial investment there was also never a promise to guarantee the loan or investment money (Kim v.Son)...
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...The name of the case is Drury vs Assisted Living Concepts. The case was filed on August 31, 2011 in the court of appeals of the state of Oregon, and it was taken place at Supreme Court of Oregon on November 11,2011. In this case Eddie Drury is the former personal representative for the Estate of Dorothy J. Drury, Deceased, and the plaintiff, whereas Douglas M Fellows is the personal representative for the Estate of Dorothy J.Drury and he is also the plaintiff’s respondent. On the other hand, Kim Maree Lewis is the defendant in this case, and she is the executive director of Assisted Living Facility. Facts The case study describes about the tragic incident of Dorothy J.Drury, who died from injuries sustained in a fall while living at an...
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...attack and defense trees Arpan Roy* , Dong Seong Kim and Kishor S. Trivedi Department of Electrical & Computer Engineering, Duke University, Durham, NC 27708, U.S.A. ABSTRACT Attack tree (AT) is one of the widely used non-state-space models for security analysis. The basic formalism of AT does not take into account defense mechanisms. Defense trees (DTs) have been developed to investigate the effect of defense mechanisms using measures such as attack cost, security investment cost, return on attack (ROA), and return on investment (ROI). DT, however, places defense mechanisms only at the leaf nodes and the corresponding ROI/ROA analysis does not incorporate the probabilities of attack. In attack response tree (ART), attack and response are both captured but ART suffers from the problem of state-space explosion, since solution of ART is obtained by means of a state-space model. In this paper, we present a novel attack tree paradigm called attack countermeasure tree (ACT) which avoids the generation and solution of a state-space model and takes into account attacks as well as countermeasures (in the form of detection and mitigation events). In ACT, detection and mitigation are allowed not just at the leaf node but also at the intermediate nodes while at the same time the state-space explosion problem is avoided in its analysis. We study the consequences of incorporating countermeasures in the ACT using three case studies (ACT for BGP attack, ACT for a SCADA attack and ...
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... xxxxxxxx by xxxxxxx xxxxxxx 123456789 I. Introduction II. Prophet A. General role of prophet B. Jesus as prophet III. Priest A. General role of priest B. Jesus as priest IV. King A. General role of king B. Jesus as king V. Conclusion Prophet, Priest & King: Jesus and His fulfillment of each office Introduction There were three major, distinct offices among the people of Israel: prophet, priest and king. The prophet was the one who spoke God's words to the people; the priest was the one who offered sacrifices, prayers and praises to God, as well as represented the people to God; and the king was the...
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...142–154 Contents lists available at ScienceDirect Cities journal homepage: www.elsevier.com/locate/cities City profile Seoul Hyung Min Kim, Sun Sheng Han ⇑ Faculty of Architecture, Building and Planning, The University of Melbourne, Parkville, VIC 3010, Australia a r t i c l e i n f o Article history: Received 13 August 2010 Received in revised form 25 November 2010 Accepted 12 February 2011 Available online 13 July 2011 Keywords: Urban history Economic development Housing Planning policies Metropolitan governance a b s t r a c t Seoul is a major global city with a history of over 600 years. Its development trajectory, current status in the world economy, and challenges faced in socio-spatial dynamics present an excellent case in the study of cities, especially of the Asia–Pacific region. This profile outlines Seoul’s historical development, recent changes and contemporary conditions (in terms of its territory, economy, land and housing market, urbanisation policy, infrastructure development, social impact and culture), metropolitan planning, and future development. Ó 2011 Elsevier Ltd. All rights reserved. Historical development A significant year in Seoul’s history is 1394 during which Seoul, by the name of Han Yang, was chosen as the new capital of the Chosun (or Joseon) Dynasty (Kim, 2009: p. 194). The first 10 years of Seoul as a capital city were characterised by uncertainty about its status as the capital, due to competition...
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...Translation). Regretfully, for Barney, he appears to become complacent over the years and allowed his investments to rather flounder unsupervised. The scripture is clear; we are responsible for our actions as well as our in-actions or sadly, complacency. “Look carefully then how you walk. Live purposefully and worthily and accurately, not as the unwise and witless, but as wise (sensible, intelligent people)…..Therefore do not be vague and thoughtless and foolish, but understanding and firmly grasping what the will of the Lord is” Ephesians 5: 15 and 17 (Amplified Bible). Barney’s joint tenancy with a right of survivorship with old friends appears to have hit a snag. One of the deceased owner’s sons, Opie, has assumed his father’s interest as denoted in his father’s will. Furthermore, the son utilized his perceived property as collateral for personal loans of which he is in default and legal action is foreclosing upon the property. Opie as well as his lender will soon find out in litigation, Opie’s father’s interest in the property is divided between the surviving members at his passing. Simply put, all interests in the property is Barney’s as sole survivor not heirs; the principle of joint tenancy with right to...
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...Abstract This study aims to find out the role of the Confucian family value in the process of the transformation of Korean HRM and IR in a hypercompetition period. I analyzed the characteristics and the transformation of Korean companies’ HRM as well as the core value system of Confucian familism. I suggest that a successful transformation of HRM in Korean companies requires an interplay between two factors. First is the genetic factor based on traditional Confucian culture of Korea (i.e., the DNA of Korean HRM), of which its advantages must be respected and preserved. Second factor is an adaptation ability, which modifies its own core competency and routine through an interaction with the environment. Korean HRM stands at a turning point now. The Korean economy is facing a hyper-competition in the global market. To survive, Korean companies have to improve their competitiveness. Also they must solve the problem of seniority-based HRM of Confucian values that hinders their competitiveness. To confront an inevitable transformation of the management system, Korean companies tried to solve the problem by bringing in a rapid growth process of North American HRM practices. But, unanticipated side effect has occurred in this process. As American HRM was uniformly adopted, traditional teamwork, organizational loyalty, and the advantages of traditional Korean companies were damaged. So many companies have shown a problem of decreased organizational effectiveness. In the case of employment...
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...E-Wallet is an easy-to-use, convenient electronic prototype which acts as a secure global payment system by using only a mobile smartphone. This study is directed towards developing a model to explain the consumer's’ intention to adopt e-Wallet in the social context. It adopts Consumer Need for Uniqueness Theory based on the concept of Counter-Conformity Motivation (CCM) also known as Need For Uniqueness. Many researchers had explored the relationship of consumer’s intention to adopt on the technological usage context. However, little research in social context had been carried out. Therefore, this paper aims to examine the factors affecting the consumer adoption intention in social context. This paper found that CCM, self-identity and word-of-mouth (WOM) are the salient determinants in this study of knowledge of consumer adoption intention in e-Wallet. Keywords: e-Wallet, intention to adopt, counter-conformity motivation, need for uniqueness 1.0 Introduction According to the historical evidence, the first use of money is assumed to have started around 600 BC in term of coins (Davies and Davies, 2002). However, the world is evolving, due to the rapid change in technology. Most of the consumers have changed their ways of making bill payment. E-Wallet is the latest trend and phenomenon as the outcome of technology advancement (Patel,V, 2016). Not only that, Doan, N (2014, p. 6) claims that Mobile Wallet can also be known as Digital Wallet when the smartphone can function as...
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...the Americans. This essay will look at the background of each member and how they joined the Soviet intelligence services, their operations and its impact in the world of espionage. In addition, this essay will evaluate the significance of each individual’s actions and how it affected intelligence services. Origin of Cambridge Five Cambridge Five refers to a spy ring which the members were all part of Cambridge University. It is unclear there were more than five men, regardless the five individuals are Guy Burgess, Donald Maclean, Kim Philby, Anthony Blunt and John Cairncross. They all attended Cambridge University between 1926 and 1934 studying in different disciplines with a strong belief in Communism. They were all good friends with each other with the exception of Cairncross who was never really part of the circle. The first of the Cambridge Five group and probably the most famous was Harold Adrian Russell Philby, also known as Kim codenamed Sohnchen, then Tom and Stanley. He was born in India on January 1, 1912. His father is St John Bridger Philby who worked in the Indian Civil Service as a civil servant. He later became a Muslim, married a Saudi slave girl as his second wife, and lives in Mecca as an Arab. St John spoke seven different languages, wrote for The Times, stood for parliament twice, won international honour as an explorer, and was a member of London clubs....
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...Presented information is tentative for 2008 KOÇ UNIVERSITY MKTG 450-Selected Topics in Marketing Sales Management Fall 2008 Instructor: Ayten Kök Office: CASE Building-156, Phone: 338 1451, Email: akok@ku.edu.tr Office hours: Monday and Wednesday 15:30-16:30 or Friday by appointment Prerequisite: MKTG 201 Course Objectives and Overview Sales management which can be defined as the planning, implementing, and control of programs designed to achieve the sales and profit objectives of the firm is the focus of the course. The course is concerned with how to manage a salesforce rather than how to sell. It aims to familiarize students with sales management concepts and to show examples of their application for the solving of business problems. The relationship of sales management with other marketing activities and how strategy drives tactics are shown. Case studies which indicate that sales management is concerned with strategic decision making along with carrying out of marketing programs will be worked out. A good understanding of the role of the sales executive in the design and development of corporate marketing programs will be provided. The course uses the lecture-case method. Important Course Policies/Procedures University rules and policies on academic honesty will be strictly enforced. The students are required to attend the course section for which they are registered. Regular and timely attendance at all class meetings is expected...
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...ENCEPHALOS 51, 10-14, 2014 INTERNET GAMING ADDICTION. REASONS, DIAGNOSIS, PREVENTION AND TREATMENT ARGIRIS V. KARAPETSAS*, VASILIOS A. KARAPETSAS**, NIKOS X. ZYGOURIS***, APOSTOLOS I. FOTIS**** Abstract We define electronic games addiction as the excessive and morbid use of electronic games (especially those taking advantage of social networking to become accessible to many users). In cases of addiction, this excessive use tends to interfere with everyday reality and to significantly influence it. Researches on the excessive use of internet structures and the problems it causes appeared as early as the 1989 (Shatton, 1989). The rapid development of the computer science and the improvement of the computer-user interaction can fully justify both the massiveness of the problem as well as the plethora of researches on the issue. Roles Video games with an international (thanks to modern technology) appeal tend to be considered as the most addictive ones. This games category includes the creation of a virtual world in which each user is represented through a character that acts on a personal or group basis. Such online games are of extreme popularity. According to the latest (2012) report by an entertainment software company, a 72% of American households with an internet connection have at least a member participating in online gaming. Such high rates tend to raise concerns given the fact that online games are scientifically proven to cause among others:...
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...Packet Winter 2012 Tyee Carr Study Guide, Midterm Exam Review and Final Exam Review ***These notes are provided to assist in your own note taking. They are not a substitute for reading the recommended textbook or for taking your own notes during class discussion. The information and examples provided here are subject to technical corrections or other revisions which you won't have without taking notes in class. Contents Taxable Entities, Sources of Tax Law and Tax Administration 5 Case: Firefighting Aircraft 6 Discussion questions 7 Review questions 8 The Individual Income Tax Model 10 Case: George and Sheena Jungle’s 1040 Tax Return 10 Discussion Questions 10 Review questions 11 Gross Income 13 Case: Commissioner v. Glenshaw Glass Co.\William Goldman Theatres Inc. (U.S. 1955) 13 Discussion questions 19 Case: Lucas v. Earl United States Supreme Court. 1930 20 Discussion questions 21 Review questions 21 Exclusions 22 Case study: Tom Daschle withdraws from nomination as HHS Secretary, 2009 23 Discussion questions 23 Case: Sam and Julie 24 Discussion questions 24 Case: Ralph and Betsy are landlords 25 Discussion questions 26 Case: Mark who lives in unit 6 27 Discussion questions 27 Case: Jack’s Restaurants 28 Discussion questions 28 Review questions 29 Tax Basis and Capital Transactions 32 Case: What’s my income on selling this stock? 32 Discussion questions 34 Case: Property converted from personal...
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...kartik.dave@bimtech.ac.in Course Objectives: In Marketing Management II, students would be introduced to the tactical areas of marketing – the various marketing mix (the four Ps) strategies: Product Strategy Pricing Strategy Place (Distribution) Strategy Promotion (Communication) Strategy This will enable the students to combine their earlier knowledge in the strategic areas of marketing (covered in Marketing Management I) with that in the tactical marketing strategies to improve their problem solving and decision-making abilities in the real life business situations. Pedagogical Methods: The course employs a balanced mix of lectures/class discussions and cases /assignments/projects. Class lectures and discussions provide an exposition of key concepts, and are supported by current marketing practices. The cases/assignments/projects provide an opportunity to apply the theories, concepts, and analytical devices developed in the lectures. Lecture / Class Discussion: This time will be devoted to the presentation of theories, concepts, and analytical techniques useful for marketing management. The course outline indicates topic wise chapters of the relevant textbooks and also includes few other important readings to augment the information on the topic. The lecture will be devoted to consolidating and extending the concepts developed in the reading materials. [Pick the date] Groups: The class will be divided into few groups and each group will have 6 students. The groups...
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...Journal of Business Case Studies – Second Quarter 2006 Volume 2, Number 2 Case Studies In Marketing Research Donald K. Hsu, (Email: yanyou@hotmail.com), Dominican College ABSTRACT The use of case studies for Marketing Research has been examined. Starting with a topic selection, students collected the background information from various sources. A focus group was conducted to gather detailed information. A questionnaire was designed for an in-depth survey of the general public. Using mall intercept, 100 or more convenient samples were collected from the questionnaire. SPSS software was used to analyze this data. Then a final report with possible recommendations was written. During the course of this research, students made face-to-face interview with senior managers or CEO, selected appropriate Harvard Business School cases, did research using Internet or library resources, and added much real-life learning to the theoretical in-class knowledge. INTRODUCTION V ase studies in Marketing Research have attracted much interest for global researchers. During the last two years, participants at the European Applied Business Research Conference presented findings in marketing related topics: 56 papers in 2003 and 25 papers in 2004. Out of the 81 papers, 24 reported work on marketing research. Cho and Ha (2004) measured consumer behavior by surveying 300 people on two brand names, Chow et al (2003) studied the environment friendly (eco-label) issues on the...
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