...Mr. W. Fireworks, Inc. v Ozuna 2009 Texas App Lexis 8237 Court of Appeals of Texas Fourth District San Antonio, 2009 Statement of Facts The parties involved entered into a contract. Mr. W leased a portion of land from Ozuna for the purpose of selling fireworks. Due to redistricting and city ordinances, the annexation of land the lease was cancelled. Two years later due to disannexation, the property was reconfigured and Ozuna reentered into a contract with another. Key terms to the contract were as follows: ** In the event the sale of fireworks on the aforementioned is and shall not become unlawful during this period in the lease and the term granted, this lease shall become void. ** Lessors agree not to sell or lease any part of said property including any adjoining, adjacent, contiguous property to any person(s) or corporation for the purpose of selling fireworks in competition to the Lessee during the term of the lease and for a period of ten years after lease is terminated. Mr. W sued for breach of contract, stating the 10 year clause. Statement of Issue Does Mr. W have the sole right to lease the property once the annexation occurred, then the disannexation of city limits. Also the fact that the sale of fireworks are illegal during some points during the contract are noteworthy but is it reason enough to void the contract wholly. Analysis Whether or not the fireworks are illegal is not the issue. Is the ten year non-compete clause binding? My ruling...
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...Case Study Kim V. Son AC 502: Regulation Kaplan University March 31, 2015 In the case of Kim v. Son, Kim invested money into Stephen Son’s companies. I have to say there was not a valid consideration because in order for a consideration to be valid there are three rules that apply: 1) both individuals must receive something that is of value; 2) if a person promises to give something of significance or even value, then this would be a consideration; and 3) both individuals would have to have some kind of agreement as to what is being traded in the deal (Beatty, Samuelson, & Bredeson, 2013). The UCC was created in 1952 in an effort to synchronize sales and other transactions in the United States. There are 9 articles of the UCC and they are: general provisions, leases, negotiable instrutments, bank deposits, fund transfers, letters of credit, bulk transfers, warehouse receipts and etc, investment securites, and lastly, secured transactions (US Legal, 2010-2014). Based on reviewing the 9 articles of the UCC, I feel that the Kim v Son case does not fall under the Uniform Commerical Code. UCC is like a civil law which is based on a code of regulations. However, the reason the UCC was formed was because they were to establish a unity in the laws set up for the UCC. Since common law can vary based on states, it is good that the UCC has formed a code of regulations. I feel that based on the reading the Article 2 has the most significance because of the goods. Common law...
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...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 must come up with arrangement of what one party is exchanging with another party (Beatty, Samuelson & Bredeson, 2008). Taking above rules into consideration, I concur with the judge that the contract lacks consideration in this case and therefore it is not enforceable. My reasoning behind it is: 1) since Son was not responsible for the companies’ debts in the first place, Kim’s...
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... But after reading the excerpt I the beginning of the publication, I noticed that she was a Hispanic Conservative. I could tell that Linda Chavez did not expect her audience to agree with her when she stated that “Repealing birthright citizenship is a terrible idea.” Most conservatives wish to dismiss birthright citizenship, but in this passage she explains the significance of it, and what it would do to the future of the nation. One example is when she explains the origins of birthright citizenship dating back to 1898 with the Chinese. She also states the first immigration restrictions on the Chinese due to the Chinese Exclusion Act of 1882. Another example of Chavez that states upon American History is the Supreme Court Case U.S v. Wong Kim Ark. These statements support her argument by giving actual representation within early American History of a case/example involving birthright citizenship. Through her appeal to logos with these statements of American History it makes the audience evoke a much rational, cognitive response. Therefore her statements made in the story are very convincing due to a real reference from history. Style and Structure I believe that the logical fallacy Chavez claims that her opponents commit is the belief that the Fourteenth Amendment was passed for the citizenship to the freed slaves, and not for the children of illegal aliens. I do not agree with Chavez that her opponents had committed a logical fallacy. At the time of the emancipation of...
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...But after reading the excerpt I the beginning of the publication, I noticed that she was a Hispanic Conservative. I could tell that Linda Chavez did not expect her audience to agree with her when she stated that “Repealing birthright citizenship is a terrible idea.” Most conservatives wish to dismiss birthright citizenship, but in this passage she explains the significance of it, and what it would do to the future of the nation. 4. One example is when she explains the origins of birthright citizenship dating back to 1898 with the Chinese. She also states the first immigration restrictions on the Chinese due to the Chinese Exclusion Act of 1882. Another example of Chavez that states upon American History is the Supreme Court Case U.S v. Wong Kim Ark. These statements support her argument by giving actual representation within early American History of a case/example involving birthright citizenship. Through her appeal to logos with these statements of American History it makes the audience evoke a much rational, cognitive response. Therefore her statements made in the story are very convincing due to a real reference from history. Style and Structure 2. I believe that the logical fallacy Chavez claims that her opponents commit is the belief that the Fourteenth Amendment was passed for the citizenship to the freed slaves, and not for the children of illegal aliens. I do not agree with Chavez that her opponents had committed a logical fallacy. At the time of the emancipation...
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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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...Rhode, at 13, won her first world championship title in women's double trap shooting. After double trap shooting was eliminated from the 2008 Olympic games, she has concentrated on skeet. At the 2007 world cup competitions in Santo Domingo, she set a new final world record in this event with 98 hits (74 in the qualification round and a perfect 25 in the final). Rhode became an Distinguished International Shooter in 1995 (Badge #388).[4] 1996 Olympics[edit] Rhode won a gold medal at the 1996 Summer Games, making her the youngest female gold medalist in the history of Olympic shooting. 2000 Olympics[edit] Rhode won a bronze medal at the 2000 Summer Olympics in Sydney, Australia. 2004 Olympics[edit] Rhode also won a gold medal at the 2004 Summer Olympics in Athens. 2008 Olympics[edit] Rhode won the silver medal at the 2008 Summer Olympics in women's skeet. 2012 Olympics[edit] On July 29 at the 2012 London Olympics, Rhode won the gold medal in skeet shooting with an Olympic record score of 99, tying the world record in this event.[5] With this medal, Rhode is the only American competitor to win medals for an individual event in five consecutive Olympics. She also became one of the three competitors (and the only woman) to win three Olympic individual gold medals for shooting, along with Ralf Schumann of Germany and Jin Jong-oh of Korea. TV Host[edit] Rhode is co-host of the Outdoor Channel's TV program Step Outside.[6] Rhode studied veterinary medicine...
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...chamber opposite the guns hammer so neither expected it to fire In this case the unlawful act was speeding up and driving directly at Kim making her fear force. As well as fearing unlawful force the initial crime must be dangerous to establish whether it was dangerous the objective test is used, this is whether a reasonable person would recognize the act could at least cause some harm to the victim. In Dawson the defendant attempted to rob a garage wearing a mask and carrying a fake gun and a pick axe handle, the 60 year old V had a heart attack shortly after but because the cause was unknown the defendant wasn’t guilty, whereas in RvWatson the defendant burgled the house of a very frail 87 year old, he died of a heart attack, it would be obvious to a reasonable person that a man in his condition would be vulnerable to shock. In this case Harry driving at speed towards Kim was dangerous a reasonable person would recognise the risk of driving at someone at speed. . It must be an act an omission is not sufficient, In RvLowe he neglected his child and as this is an omission so therefore he wasn’t guilty of unlawful act manslaughter. Lastly the defendant’s unlawful act must cause the victim’s death, in RvWatson the prosecution couldn’t prove that the heart attack was brought on by the shock of the attempted robbery. In this case ‘but for’ Harry driving at Kim there wouldn’t have been a chance of her receiving fatal injuries. The Mens Rea of Unlawful Act Manslaughter is the MR of the...
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...Diamond Larry Jay, and Kim Byung-Kook. Consolidating Democracy in South Korea. Lynne Rienner publisher, 2000. Print. Retried from https://www.rienner.com/title/Consolidating_Democracy_in_South_Korea Kim Myung Oak. The New Korea an inside look at South Korea’s economic rise. New York: AMACOM, 2010. Toronto Public Library. Web. 1 Apr. 2014. Retried from http://pro-ex.org/books/archive/files/e79ced1153f29995ec53a3c12c6e26f5.pdf Lee Cecilia Hae-Jin. Frommer’s South Korea. Hoboken: John Wiley & Sons, 2012. Toronto Public Library. Web. 1 Apr. 2014. Retried from http://www.torontopubliclibrary.ca/detail.jsp?Entt=RDM2906367&R=2906367 Shin Doh Chull, Rutkowski Conrad P., and Park Chong-Min. The Quality of Life in Korea: Comparative and Dynamic Perspectives. Social Indicators Research 62-62.1-3 (2003): 3-16. Print. Retried from http://link.springer.com/article/10.1023/A%3A1022697213313?no-access=true#page-2 Suh Moon-Gi. Developmental Transformation in South Korea: From State-sponsored Growth to the Quest for Quality of Life. Greenwood Publishing Group, 1998. Print. Retried from http://books.google.ca/books?id=KeKVCitTXqYC&pg=PA104&lpg=PA104&dq=Developmental+Transformation+in+South+Korea:+From+State-sponsored+Growth+to+the+Quest+for+Quality+of+Life&source=bl&ots=3_3Dr1UYU3&sig=IBP0dDcrurlADyIXBaV-VBk_AR4&hl=en&sa=X&ei=2lhCU9-5Osbg2AWyg4G4CQ&ved=0CEAQ6AEwAg#v=onepage&q=Developmental%20Transformation%20in%20South%20Korea%3A%2...
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...conflict at hand will determine whether we strengthen the relationship or break it up. Each situation can be dealt with in a way that can bring healing instead of animosity and further pain. Most of the time conflict is looked at as a negative experience that most people refuse to be a part of because of their own lack of conflict management skills; but if both parties are willing to sit down and discuss the issue, there is a possibility of a positive resolution. If conflict is dealt with properly and successfully from the beginning then there will be a greater understanding from each individual involved and an increased likelihood of unity as well as an improved relationship. In this paper I will discuss difficult conversations I had with my son, John, (name change for confidentiality), when he was 16 years old, who is now 26. As a teenager I expect him to go through teenage issues, I expect conflict which is a natural part our interactions, and disagreements, but as a parent I must effectively address these conflicts/disagreements to improve our relationship and to promote growth. After experiencing these issues with John I have a to react based on the different individual personalities that arise with my two daughters who are both younger than John, as a matter of fact I have a 16 year old now. I now realize that conflict surfaces when individuals experience differences and disagree on perceptions, ideas, values, desires, and motivations. When strong feelings arise, a profound...
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...SECURITY AND COMMUNICATION NETWORKS Security Comm. Networks (2011) Published online in Wiley Online Library (wileyonlinelibrary.com). DOI: 10.1002/sec.299 SPECIAL ISSUE PAPER Attack Countermeasure Trees (ACT): towards unifying the constructs of 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...
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... 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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... 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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...The Medici Family operated on the most influential commercial organizations of the Renaissance period (Roover, 1966). According to Heldon (1995) the Medici Family started out as part of the patrician class, not nobility and was seen by most as friends to the common people. The Medici’s would eventually become Dukes of Tuscany and are credited by historians as the first family to set up an empire with money, while previous empires were created with the use of military force (Kim, 2005). The Medici Family history and the enormous impact it had on Italian history is archived in the Archive di Stato in Florence (Roover, 1966). The Medici Family combined banking and commerce to generate great wealth and acclaim (Heldon, 1995). The Medici Family was at the centre of the banking universe (“The Economist,” 1999). The Economist (1999) explains how this banking family provided services to four popes and two queens for over 400 years. The Medici Family Bank was considered the most powerful financial institute in all of the early 15th century Europe. The first Medici Bank was set up by Giovanni di Bicci de Medici in 1392 (“The Economist, 1999). However, due to the depression and the aggression of the French, the Medici Bank eventually failed (‘The Economist,” 1999). The Economist (1999) explains that although the Medici Family were not considered great innovators, they did keep great banking records. The Medici’s were able to take advantage of new techniques they developed to...
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