...share, beers, and a few desserts. Amongst the desserts was a small plate with 3 cream-filled cookies called “Phatty Cakes”, that to me, resembled little debbie's oatmeal pies. Skeptical, I picked one up and took a bite. Contrary to my preconceived notions, this little delicious treat turned out to be a marscarpone filled gingerbread whoopie pie. Soft gingerbread cookies with a sweet yet savory marscarpone filling, that almost melts in your mouth. After my initial visit, I would visit Cakes&Ale solely for the infamous “Phatty Cakes”. At 3 cakes for $6, I would stock up buying over a dozen little treats. And no, I never bothered to share, nor did I bother to tell anyone where I got them; they were truly my little secret. After years of consuming Phatty Cakes, I had to know who was behind the tiny delicious treat. Pastry Chef, Cynthia Wong was the mastermind behind this decadent little treat. “The 36-year-old Southerner has held a lot of jobs in the Atlanta food industry. She was the production manager for Via Elisa Fresh Pasta, a food stylist for the TBS program “Dinner & a Movie” and even a food reviewer for Creative Loafing. But she has found her metier at Billy Allin’s Cakes & Ale restaurant.”( Kessler 2010) In 2011, the Pastry Chef behind my favorite dessert, took her recipe to a restaurant by the name of Empire State South. After only one year of enjoying her infamous “Phatty Cakes” at Empire State South, Wong was a few weeks shy of her due date when her husband was...
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...get rid of him if you wanted, and anybody stranger than you SHOULD get barked at. 9. He is most affectionate, and delights in riding in your car or sleeping close to you (if you will let him) at night, but he is content with his own bed and a simple cover that he can pull over his head, with just a shiny black nose to show his presence. Just to be near you and show his love for you is all he asks. Riding in the car is a real experience with three of them, two behind your neck on the headrest and one in your lap all looking out the driver side window. Is there nothing interesting on the other side? Contented in his own bed? NEVER! No need for electric blanket here, only wish you could turn the thermostat down in the summer. If you come to my house please do not step on or sit on anything that is lumpy as surely there will be a Dachshund curled up under it. 10. He is a wonderful companion for you children, and will take a lot of rough play and enter into the spirit of fun, for he is a born comedian. You can trust a Dachshund for they have never been known to betray a confidence. They...
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...satisfactory. So a fair manager can mean either one who treats others fairly or one who is only moderately good as a manager. Our goal is the first meaning. Why Is Fairness Good Management? When asked, a group of almost 2200 people reported fairness as the most important trait of a boss for who whom they would want to work. When you treat your employees fairly they spend less time worrying about who else is getting an unfair share. They don't spend a lot of time looking for ways to increase their own share. They spend less time looking for another job. And they spend more time working for you and getting more done. When you treat others fairly two things happen. Your own employees notice and respect you for it. It reinforces their belief that you are treating them fairly and will continue to do so. Second, the other people who you treat fairly will respond in kind. You will get better cooperation from them. That makes your job and the job of your employees easier too. How To Be A Fair Manager A good manager is one who treats everyone fairly. That means his/her employees, but also his superiors, her peers, employees in other departments or companies, everyone. * The golden rule When you are fair, you treat others as you wish they would treat you. * No favorites A manager who is fair does not play favorites. You don't give anyone all the good jobs, or all the bad jobs, just because of how you feel about them. You treat them...
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...slander) AGENCY - agent responsibility = work wit skill n care, don't make secret profit, obey the principal's lawful instruction. Principal resp. - pay agent, reimburse agent for debts incurred on the job Termination of agency - 1- BY ACT OF THE PARTIES (both agree to terminate contract, principal can fire agent if agent make secret profit) 2 - BY OPERATION OF LAW- if the principal is bankrupt, if the principal/agent dies, if the nature of the agency is destroyed eg. Goods in a shop burnt the agent who sells good now has nothing to sell 3 - BY COMPLETION OF AGENT AGREEMENT- agent period has come to an end or the task agent is expected to perform has been carried out How agency is created - RATIFICATION- unauthorized act. U sell my computer without my approval, me come bk, find out you sell it then approve the act, EXPRESSED- formally, must be an offer and acceptance, written etc. IMPLICATION- offers automatically; agent comes into existence by conduct. NECESSITY- usually occur in the transportation of perishable goods ; must be impossible to contact principal, agent must act in the good faith of principal, must be an emergency, agent must not sell goods to himself SALE OF GOODS- by description, quality, fitness for purpose ( Godley v Perry 1960) lil boy eye lick out by catapult wah him buy, him sue the seller under fitness for purpose. Be able to define types of goods: FUTURE goods- goods to be manufactured, EXISTING goods- owned or possessed by seller at time of contract,...
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...remind the employees why The Ritz Carlton is the top-notch hotel of our time. According to The Ritz Carlton, their motto exemplifies the anticipatory service provided by all staff members (Gold Standards, 2015). To my understanding, this motto has so many layers. Ladies and Gentlemen serving Ladies and Gentlemen, to me, means royalty. For example, the logo for The Ritz Carlton is a Lion wearing a Crown. The lion represents wealth, where as the crown represents royalty. Royalty means not only means having self-respect, but also being pure, warm hearted, and genuine. With these simple ingredients, to me, is how you create a world-renowned hotel. If I were operating The Ritz Carlton, I would implement the motto through customer service, self-respect, respect for others, and my overall general mannerism. Being the manager you are the one with all eyes on you, you are the one who is setting the example on how to treat and serve your guests. With treating a guest like royalty comes self-respect. For example, the way I dress, if my clothes were wrinkled I may not appear clean or professional to my guests. This could possibly sway the guest’s opinion on how the hotel is ran and operated. If I look unpresentable, then one may assume the back of the house is like my clothes, wrinkled and...
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...Carlill v Carbolic Smoke Ball Co [1892] Facts: • Carbolic Smoke Ball Co (def) promises in ad to pay 100 pounds to any person who contracts flu after using smoke ball. • Carlill (plaintiff) uses ball but contracts flu + relies on ad. Issue: Was there a binding contract between the parties? - A contract requires notification of acceptance – Did Mrs Carlill notify Carbolic of the acceptance of the offer? - Did Mrs Carlill provide consideration in exchange for the 100 pounds reward? Def argument is: There was no binding contract – the words of the ad did not amount to a promise b/c: • the ad was too vague to make a contract – there was no limit as to time & no means of checking use of the ball by consumers; • the terms are too vague to make a contract- no limit as to time – a person might claim they contracted flu 10 yrs after using the remedy • No contract b/c a contract requires communication of intention to accept the offer or performance of some overt act Plaintiff’s argument is: ad was an offer they were under an obligation to fulfill because it was published so it would be read and acted upon & it was not an empty boast. • The promise was not vague - & there was consideration. Held: (Application). There was a binding contract. Carlill successful. Lindley LJ – The ad was an express promise – to pay 100 pounds to anyone who contracts flu after using the ball three times daily x 2 weeks. • The ad was not a mere puff: b/c of this statement...
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...additional £5 “if the horse is lucky for me” the court saw that this offer was too vague and therefore it was not enforceable, (Treitel 1999:8) defines an offer as “an expression of willingness to contract on certain terms, made with the intention that it shall become binding as soon as it is accepted by the person to whom it is addressed".An invitation to treat shows that a person is willing to negotiate a contract, however the contract is not capable of immediate acceptance, as is in the case of Harvey V Facey (1893) AC 552 Where the seller indicated that they would be willing to sell a good at a price, this is similar to Chris’ situation, the outcome of the case was that it was seen as an invitation to treat rather than an offer, because if a contract is not accepted the buyers have no right to own the good as (Davison 2004:374) states “Without acceptance no contract exists, therefore, buyers have no rights to the goods, etc. they want to purchase.” This is also evident in the case of Partridge V Critenden (1968) 1 WLR 1204 where the advertisement “Bramble finch cocks and hens 25 shillings each” was classed as an invitation to treat, the court ruled that the offers...
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...Sample case summary of Carlill v Carbolic Smoke Ball Co [1892] 2 QB 484 Prepared by Claire Macken Facts: • Carbolic Smoke Ball Co (def) promises in ad to pay 100 pounds to any person who contracts flu after using smoke ball. • Carlill (plaintiff) uses ball but contracts flu + relies on ad. Issue: Was there a binding contract between the parties? - A contract requires notification of acceptance – Did Mrs Carlill notify Carbolic of the acceptance of the offer? - Did Mrs Carlill provide consideration in exchange for the 100 pounds reward? Def argument is: There was no binding contract – the words of the ad did not amount to a promise b/c: • the ad was too vague to make a contract – there was no limit as to time & no means of checking use of the ball by consumers; • the terms are too vague to make a contract- no limit as to time – a person might claim they contracted flu 10 yrs after using the remedy • No contract b/c a contract requires communication of intention to accept the offer or performance of some overt act Plaintiff’s argument is: ad was an offer they were under an obligation to fulfill because it was published so it would be read and acted upon & it was not an empty boast. • The promise was not vague - & there was consideration. Held: (Application). There was a binding contract. Carlill successful. Lindley LJ – The ad was an express promise – to pay 100 pounds to anyone who contracts flu after using the ball three times daily x 2 weeks. • The ad was not a mere puff: b/c...
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...Page1 *256 Carlill v Carbolic Smoke Ball Company. In the Court of Appeal. 7 December 1892 [1893] 1 Q.B. 256 Lindley , Bowen and A. L. Smith , L.JJ. 1892 Dec. 6, 7. Contract—Offer by Advertisement—Performance of Condition in Advertisement—Notification of Acceptance of Offer—Wager—Insurance— 8 & 9 Vict. c. 109 — 14 Geo. 3, c. 48, s. 2 . The defendants, the proprietors of a medical preparation called “The Carbolic Smoke Ball,” issued an advertisement in which they offered to pay 100l. to any person who contracted the influenza after having used one of their smoke balls in a specified manner and for a specified period. The plaintiff on the faith of the advertisement bought one of the balls, and used it in the manner and for the period specified, but nevertheless contracted the influenza:— Held, affirming the decision of Hawkins, J., that the above facts established a contract by the defendants to pay the plaintiff 100l. in the event which had happened; that such contract was neither a contract by way of wagering within 8 & 9 Vict. c. 109 , nor a policy within 14 Geo. 3, c. 48, s. 2 ; and that the plaintiff was entitled to recover. APPEAL from a decision of Hawkins, J. 1 The defendants, who were the proprietors and vendors of a medical preparation called “The Carbolic Smoke Ball,” inserted in the Pall Mall Gazette of November 13, 1891, and in other *257 newspapers, the following advertisement: “100l. reward will be paid by the Carbolic Smoke Ball Company to...
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...(a) To determine if there is a legally binding contract between Couch Taters (CT) and King Korn (KK), it is important to establish the offer and acceptance of this business transaction to accurately evaluate its existence and extent. To do so would require a chronological analysis of the exchanges between both parties. The first exchange between Homer (H) of CT and KK has KK quoting a price and H acknowledging it but requiring his superior’s approval. To establish a legally binding contract, we would need first for an offer to be made. However, it can be interpreted that KK’s quotation of price was merely a provision of information, not a direct offer for purchase as was corroborated by Haley v Facey. In response, H agreed that it was a fair price and responded “it’s a deal” which could be construed as an offer. However, it must be discussed whether or not this could be seen as a formal offer. Since H had inserted the caveat that he would need his “director to sign off on that”, it can be seen that the offer does not stand until he has received approval. As such, it cannot count as a formal offer. In their next exchange, H asks for a price reduction and is rebuffed and subsequently given an offer for $0.53 per kg by KK. This can be considered an offer and not a provision of information since there was no request for such information by H, instead, they rebuffed the request for a discount and establishes their position with an offer of $0.53 per kg. Subsequently, H sends an email...
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...Offer and acceptance analysis is a traditional approach in contract law used to determine whether an agreement exists between two parties. An offer is an indication by one person to another of their willingness to contract on certain terms without further negotiations. A contract is then formed if there is express or implied agreement. A contract is said to come into existence when acceptance of an offer has been communicated to the offeror by the offeree. One party, the offeror, makes an offer which once accepted by another party, the offeree, creates a binding contract. The Key concepts in relation to offer and acceptance include the distinction between an offer and an invitation to treat, The case of Carlill v Carbolic Smoke ball co. is...
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...Tribunal’s decision, I will try to give my own opinion on the first contentious issue listed above, which I believe is the most important one. The first contentious issue is actually the matter of the source of the international law. The reasoning of the Tribunal on this issue can be divided into three aspects. 1. The terms and forms 2. The contexts of its adaptation 3. The subsequent practice The Tribunal finds that the DOC actually fulfill many requirements of treaty in terms of form. With regards to the terms, the Tribunal mainly focuses on two particular terms. One is “reaffirm”. The Tribunal thinks it as merely restating existing legal rights and obligations without establishing new binding legal rights and obligations. The another is “undertake”. China believes that the usage of this word means both parties of the DOC have the intent of being binding by the declaration. Its claim was supported by Application of the Convention on the Prevention and Punishment of the Crime of Genocide (Bosnia and Herzegovina v. Serbia and Montenegro). However, the Tribunal analyzes the particular usage of the identical word “undertake” in these two documents. It comes to the conclusion that, the particular usage of the word “undertake” in an assured convention cannot be generalized to all legal documents, nor can we further reason that each document containing this word is treaty. I agree with the Tribunal on most points it makes. Nonetheless, from my point of view, the word “undertake”...
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...has made what can be defined as offer. An offer is an ‘an expression of a willingness to be bound by the terms of the offer should the offer be accepted’. The claimant has advertised publicly products she is selling and the conditions that need to be met in order for acceptance to be valid. This shows an objective intention to enter into a binding agreement. Sincerity was shown in the Carlill case as the defendant had deposited £1000 with the alliance bank. Therefore one could say Wendy has shown her sincere intention by stating her contact details in the advert. Bowen LJ allows us to be aware within the Carlil case that it is possible for an offer to ‘be made to the world at large’ as the claimant has done. Conversely an invitation to treat will allow room for negotiation such as in the case of Fisher v Bell [1953] 1 All ER 482, CA. Within this case the defendant was said to be offering flick knives for sale. This was a statutory offence under the Restriction of offensive weapons Act 1959. The divisional court came to this decision that no offence had been committed as there was no obligation for the shopkeeper to sell the item neither was the customer obliged to buy it. This approach was later taken in Partridge v Crittenden [1968] 2 All ER 421, HC QBD; although the appellants were convicted for ‘offering for sale’ it was later quashed on appeal. It would not have been virtually possible to sell to all those who had accepted due to limited stock. Alice’s position can be differentiated...
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...How is an offer terminated? Offer is one of the essential elements of a contract, which is a legally binding agreement made between two or more parties, other essential elements include Acceptance, Consideration, intention and Capacity. In the absence of any of these elements the contract will be void. An offer is a definite promise or proposal to be bound on specific terms and it has to be definite not vague. An offer may be made orally, in writing or by conduct. An offer may be made either to a particular person, class of persons or to the public at large. The party making the offer is the offeror while the party whom the offer is made is the offeree. An offer is terminated because of Lapse of time, Revocation, Conditional offer, Rejection of offer, Death or Acceptance. Lapse of time When an offer is expressed to last for a specific time, the offer will expire at the end of that specific time. In other words, an offer lapses after the expiry of the period that the offeror intended to remain open. If there is no stipulation of time, the offer will expire after a reasonable time by which depends on the subject matter, means of communication and other circumstances. In Ramsgate v Montefiore (1866) an offer to buy shares was held to have lapsed when three months later the offeree purported to accept it. Revocation The offerer may withdraw or revoke his offer at any time before the offeree accepts the offer. However, revocation is of no effect until it is brought...
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...FORMATION OF CONTRACT THE FOLLOWING NOTES SHOULD BE READ IN CONJUNCTION WITH THE CORE LECTURE. OFFER. A communication is treated as an offer if it indicates the terms on which the offeror is prepared to make a contract and gives a clear indication that the offeror intends to be bound by those terms if they are accepted by the offeree. Partridge v Crittenden (1968) An advertisement in a magazine stated ‘Bramblefinch cocks and hens, 25s each’. As the Bramblefinch was a protected species, the person who placed the advertisement was charged with unlawfully offering for sale a wild bird contrary to the Protection of Birds Act 1954, but his conviction was quashed on the grounds that the advertisement was not an offer but an invitation to treat. Spencer v Harding (1870) LR 5 CP 561 The defendant had sent out a circular stating 'We are instructed to offer [certain business stock] to the wholesale trade for sale by tender ...'. The claimant had submitted a tender for the stock and his tender was the highest, however, the defendant refused to sell him the goods. The claimant argued that the circular was an offer which contained a promise to sell the goods to the party who submitted the highest tender, but the court rejected this argument. Willes J. in that case identified the crucial question to be 'whether there is here any offer to enter into a contract at all, or whether the circular amounts to anything more than a mere proclamation that the defendants are ready to chaffer...
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