Billy Joel Business Ethics and Law Case Study Free Essays

Billy Joel decided he wanted to learn to play the violin for his next set of concerts. He called a violin salesman in New York and asked if he had any for sale. The salesman stated he had a Stradivarius and a Guarnerius (two famous brands of violins) and offered to sell them to Billy for $80,000 and $24,000, respectively. We will write a custom essay sample on Billy Joel Business Ethics and Law Case Study or any similar topic only for you Order Now Billy agreed, over the phone, to purchase the violins from the salesman and told him he would be in town the next week to pick them up. Billy didn’t show up for two months, and when he entered the store, the salesman wasn’t there. His wife, Margaret, was there in the store, however, and she had full knowledge of the deal cut between her husband and Billy. (She’d heard her husband whining, complaining, and wailing about Billy not showing up for the last 2 months – and she was really sick of hearing about it.) Billy asked to see the violins, and Margaret showed him both of them. Billy stated he would agree to pay $65,000 for both of them, and Margaret, knowing that they were counterfeits and only worth $2,000 AND realizing that their house was about to go into foreclosure, agreed to the reduction in price and sold Billy the two violins for $65,000. She gave him a bill of sale that she wrote out on a note pad on the counter, which said, â€Å"Paid in full. Strativarus and Granruius violans. $65,000. Chk # 4301 Billy Joel. Salesperson: Margaret Madoff.† The notepad was one she had brought home from their last vacation to Las Vegas and was from The Flamingo hotel there. Billy took home the violins and proceeded to learn to play, albeit very poorly. Meanwhile, the salesman discovers that Margaret sold the violins for less than he had bargained for. He sues Billy Joel for the $39,000 difference, stating that Margaret was not an employee of the store and had no authority to change the deal he and Billy had made. During the pendency of the suit, and after his next concert, the newspapers stated, â€Å"Billy Joel should give up playing the violin! He stinks!† Billy takes his violins to a music store to sell them and discovers they are only worth $2,000 and that they are not Stradivarius and Guarnerius violins but are instead counterfeits. He wants to countersue the salesman and asks you on what basis can he do so. Using contract, agency, and any other legal concepts you have learned this session, on what bases can Billy sue the salesman and his wife? What defenses will they have? Do you think Billy can recover? Further, will Margaret’s husband (his name is Bernard) be able to collect against Billy for the difference in price from the original deal? Explain your answer fully as to the why’s, wherefore’s, and why not’s for both parties. Use bullet points and â€Å"issue spotting† to assist you in your answer. Case Solution In the above case scenario, the oral contract that was made between the seller and the buyer are not binding in the court of law in accordance to the contract law. As in the case the seller has been be met with the loss of settling for less that the agreed verbal contract holds. The offer that was made by the seller and accepted by the buyer was a partial fulfilment of the contract. The absent of proof that in deed an agreement was made between the two parties will made the court to rule in favour of Billy. This should hence be the basis of argument that Billy can use. The sell of counterfeit commodities to a buyer in high prices is considered to be a crime. The use of this basis by Billy holds a chance of guaranteeing him victory. This will also help in the reclaiming of his image as a performer indicating that it was the counterfeit pianos that lead to the earlier poor performance. It is hence imperative to state that through these bases Bill will have a strong argument in the court against the business persons. Defence to be used by the Business Persons: It is paramount to note that the Bernard and Margaret as the business persons do not hold a strong case against Billy due to the lack proof of the contract that was made in this business transaction. The fact that Margaret facilitated the completion of the verbal business relations with the sale of the piano at a rate that was lower than the initially accepted prices can be used to state that she was not a business individual. The recommended $ 39,000 difference that Bernard is seeking from Billy Joel with regards to the agreed price would be based on the fact that the individual who facilitated the initial processes of the contract was not an authority. The Collection of the Extra Money: The initial prices that had been verbally quoted by the salesman where: $ 80,000 for Stradivarius piano and $ 24,000 for the Guarnerius piano. The total price that was paid for during the selling traction was only $65,000 which was less by $ 39,000. The fact that the two pianos where deemed to be counterfeit with the total worth of only $ 2,000, the chances of the business personnel having a refund will be unfruitful. It would not be in order for the court to rule in favour of the Bernard to attain the extra funds by virtue that they had sold a product to their customer that was functioning properly that ended up denting his image as a performer. The original deal made between the two parties was based on lies and hence should not be cemented with the pay of the extra unpaid funds. A refund for the already paid funds in terms of $ 65,000 should be made to the customer. In the analysis of this case, it has been ascertained that the holding of physical proof for the contracts has to be met in any business relations. This will help in the smooth transition of the business activities (Larson, 2010). Contract: In this case, the business contract was made between two parties with an oral offer and acceptance of the buyer. Based on the agreement, the two pianos were to be purchased at the stated price of $104,000. The reasonable period to enforce the purchase was the agreed one week where Billy was to collect the items. This can be used against him by the seller stating that they did not stick to the original oral business contract. The act of the seller misinterpreting the worth of the two pianos was not lawful since it is prohibited by the federal government. The presence of the third party in the business relation (wife) led to the reformation of the contract a new price generated. This led to the promise made to be broken by the buyer in the presence of the third party. Agency: The ostensible authority that is held by the wife of the seller to give the buyer a new business deal with the information she held about the fake nature of the pianos would be termed in order in the court if the two jointly owned the business. The fact that she was not gives the seller an upper hand in stating that the purchase was made on unfair terms without his knowledge. This gives a somewhat strong basis for argument in the quest to attain the $ 39,000 difference in payment that was not made. How to cite Billy Joel Business Ethics and Law Case Study, Free Case study samples

Mycorrhizae free essay sample

Mycorrhiza is a specialized fungus in the soil which forms close associations with the roots of a vascular plants * In other temperate and boreal successional systems arbuscular mycorrhizal fungi are the primary mycorrhizal associate in early succession, whereas in older soils the main associates are ectomycorrhizal fungi (Piotrowski, 2008). Arbuscualar Mycorrhizae: Arbuscular mycorrhiza (AM) is the predominant and ancestral type of mycorrhiza in land plants. It’s root cells have arbuscules (tree like structure, highly branched hyphae inside plant cells) and vesicles in most species Its occurrence in a vast majority of land plants and early-diverging lineages of liverworts suggests that the origin of AM probably coincided with the origin of land plants. Classes include Archaeosporales, Diversisporales, Glomerales, Paraglomerales, part of the phylum Globermycota, and part of the kingdom fungi (species grow Arbuscular Mycorrhizae) * Fossil evidence and DNA sequence analysis by mycologists show arbuscular mycorrhizae first appeared approximately 400-460 million years ago. We will write a custom essay sample on Mycorrhizae or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page Arbuscular mycorrhizas are found in 90% of all plant families, and occur in many crop species. How it Works: * Plant nutrients which are concentrated with nutrients are taken by hyphae and then released into the root cells of vascular plants. Nutrients can also be stored in the root of the fungus and used in the future when the nutrients are needed, such as low temperatures or season fluctuations. * Arbuscular mycorrhizas are mycorrhizas whose hyphae enter into the plant cells, producing balloon-like vesicles or dichotomously-branching arbuscules. Arbuscular mycorrhizae are known to be heterkaryon, goining through both asexual and sexual reproduction. * The hyphae of arbuscular mycorrhizal fungi produce the glycoprotein glomalin, which may be one of the major stores of carbon in the soil. Arbuscular mycorrhizal fungi have (possibly) been asexual for many millions of years and, unusually, individuals can contain many genetically different nuclei (a phenomenon called heterokaryosis). * The fungal hyphae do not in fact penetrate the protoplast (i. . the interior of the cell), but invaginate the cell membrane. The structure of the arbuscules greatly increases the contact surface area between the hypha and the cell cytoplasm to facilitate the transfer of nutrients between them. Ectomycorrhizae * Ectomycorrhizas, or EcM, are typically formed between the roots of around 10% of plant families, mostly woody plants including, eucalyptus, oak, pine, and rose * Families and fungi belonging to the Basidiomycota, Ascomycota, and Zygomycota. Ectomycorrhizas consist of a hyphal sheath, or mantle, covering the root tip and a hartig net of hyphae surrounding the plant cells within the root cortex. In some cases the hyphae may also penetrate the plant cells, in which case the mycorrhiza is called an ectendomycorrhiza. Outside the root, the fungal mycelium forms an extensive network within the soil and leaf litter. Nutrients can be shown to move between different plants through the fungal network. Carbon has been shown to move from paper birch trees into Douglas-fir trees thereby promoting succession in ecosystems. Benefits of Mycorrhizae * AMF affect phosphorus cycling, aid seedling establishment of many plant groups, help maintain plant diversity, and strongly contribute to soil stabilization and carbon storage through soil aggregate formation * Experiments have shown mycorrhizas can increase the uptake of plant nutrients such as nitrogen and phosphorous when they are at low concentrations or in insoluble form in the soil * Improve crops without being indispensible * Make nutrient uptake from poor soil more resourceful Mycorrhizas can increase the absorption of plant nutrients when they are at low temperatures or insoluble in the soil * The plant supplies the fungus with carbon compounds, including hexose sugars which are sugar alcohols which increases the plant cell permeability. * Carbon can be transferred between plants because mycorrhizae grow and attach to many different roots of plants of different species

Episode Of Hands Essays - British Poetry, Hart Crane,

Episode Of Hands The first thing that comes to mind upon reading this poem is a sense of calmness and relaxation. Described well is an attempt at reminiscing at one's past, and how it may have affected life at present. It is a poem of truth, and the joy that comes with the realization of one's self, the inner being. In the poem is a character who has injured himself during work, and has taken a recess to tend to the wound. During this time the character is able to find it within himself to discover a truth within that reveals more to him of his life than his life itself could do, having seen its entirety. It gives evidence of having lived two separate lives, one on top of the other, but neither owning the upper hand at any time. It is a poem of change, and how things never change as they are expected to do, nor do they change before our eyes as we would believe, but instead change us in a way that makes us blind to ourselves. "As the fingers of the factory owner's son, That knew a grip for books and tennis"; here is described the man's childhood, and here, "As well as one for iron and leather,-", is described his adulthood, with responsibilities and duties to perform. The style of Hart Crane is nearly unmatched. Here he uses a free verse structure, written as a Blackwood Article, in a story that depicts an event which is the theme and the subject of the poem. He uses little rhyme, with any structure, but the words flow from frame to frame as though a rhyme scheme had been used quite frivolously. There is also a great deal of imagery. A good amount of emphasis is placed upon the hands, the lifeblood of our interaction with the world, and as the hands are described against the sunlight we can nearly see a picture perfect masterpiece within our minds that helps us along in the story. There is also a well hidden hint at imagery here; "His own hands seemed to him Like wings of butterflies", means quite clearly, that he has most recently undergone a form of metamorphosis. Any child can see similarities between the hands and the wings of a butterfly, but it is taken much further here, and stands for a change that has taken place in his life. "The knots and notches," is more great imagery here, describing the characteristics of his hands (scars, old wounds) that stand for who he has become, and what he takes pride in. And in the end, the one hand does win over the other. "The larger, quieter hand", held by the hand recently injured from work in his Father's factory, holds something more dear and meaningful to him; a memory of a lost childhood perhaps. This all makes for quite a serene mood, an atmosphere of peace and rest, and joy at having discovered oneself again. "And as the bandage was tightened The two men smiled into each other's eyes." Obviously, as can easily be seen now, the two men spoken of are his hands; one of them, the injured, is him now in adulthood, and the other is who he once was, and all he has ever forgotten of himself. If there is an attitude of the poem it is as I have already said, Peace. It gives a sense of relaxation to read the poem, as well as an insight into the similarities between not only ourselves and our former lives, but to each other, as we can all relate to this poem. Hart Crane was a genius, and I see that now.

The Conflict Between Happiness and Intelligence †English Essay

The Conflict Between Happiness and Intelligence – English Essay Free Online Research Papers The Conflict Between Happiness and Intelligence English Essay Today’s world is set up in a way that makes most people blind to the truths of life. People are too busy living to notice what in reality is going on around them. But does that make them less happy than the people aware to the reality? The conflict between happiness and intelligence is very well illustrated in the book The Sea-Wolf by Jack London. Humphrey Wan Weyden, a gentlemen and a writer, gets into a shipwreck while taking a trip on a ferry-steamer. He is picked up by a sealing schooner, dictated by the strong and brutal captain Wolf Larsen. It turns out that he is a well-read thinker and a philosopher. While both characters are intelligent, Larsen has been exposed to the facts of life, while Humphrey, also known as Hump, lives in world of illusions. Larsen’s philosophies that are revealed in the book, bring out the miseries of being intelligent. It is not possible for one to become as happy as they could have when exposed to the facts of life. Every person’s goal is to be happy, throughout their lives. Many refuse to admit it and maybe think they live for a higher cause. But really, what is the point of living if you will not be happy? The way Wolf Larsen put it, â€Å"delight is the wage for living. Without delight, living is a worthless act. To labor at living and be unpaid is worse than to be dead.† (The Sea-Wolf by Jack London, p.177) Being happy is all we strive for, it is the nectar of life. It is also important to understand this, because otherwise one will live their whole life striving to be â€Å"successful†, subconsciously thinking that money will bring them happiness, and be disappointed. If a person lives to themselves, and at every choice they make, consider if it will make them happier or not, they will make much more rational decisions. Unfortunately it is hard to come to this conclusion about happiness without separating what is real and what is not. The society tells us quite a differ ent thing: If you live for yourself, you are an egotist, and if you live for others, you are Mother Theresa – bullshit. One does what one has to, to be happy. Today’s society is purely an illusion. People live their lives according to what the society tells them to. It is merely a game, in which one plays only a small part in. This is impossible to truly recognize, without understanding the facts of life, the realities, the truths. All a person is, is what he thinks, and what he physically feels. â€Å"Cogito ergo sum,† was the way Renà © Descartes worded it. How can one be sure of anything else but themselves thinking? The universe is indifferent, and that is not so hard to prove, anybody that believes otherwise has convinced themselves of just another illusion. After accepting the realities, one can not resume to the life of illusions. When once a person was made happy by making money or being with their loved ones, their reason now tells them that it is quite meaningless. Mind dictates the feelings more than the feelings dictate the mind. One can never extract as much joy out of intelligence, as they could out of feelings. â€Å"He who delights the most lives the most, and your dreams and unrealities are less disturbing to you and more gratifying than are my facts to me.† (London, p.177) It is upsetting how the human mind works. Search for the knowledge only reveals that one is better off without it. Although one has to admit, it pays off a little bit in a certain superiority it gives the person, above all dreamers. The human mind is always under question by those who have enough intellect to question it. But to address the question if it makes one happier, the answer is a big NO. It is much more rewarding to just play along with the game, for the emotions gained, good or bad, are a thousand times more satisfying. And when realizing this, all that is left is a thought well expressed by Wolf Larsen: â€Å"I envy you, I envy you.† (London, .178) Research Papers on The Conflict Between Happiness and Intelligence - English EssayBook Review on The Autobiography of Malcolm XThe Effects of Illegal Immigration19 Century Society: A Deeply Divided EraCapital PunishmentHarry Potter and the Deathly Hallows EssayHip-Hop is ArtTrailblazing by Eric AndersonComparison: Letter from Birmingham and CritoPersonal Experience with Teen PregnancyEffects of Television Violence on Children

Enzyme Amylase Lab Report Example | Topics and Well Written Essays - 1250 words

Enzyme Amylase - Lab Report Example An enzyme is a protein-based catalyst that raises the reaction rate of a reaction by lowering the activation energy needed for that reaction. It is not used up in the process. It is hypothesized that the enzyme activity changes when various parameters such as temperature, pH and the concentration of the enzyme are changed. Materials: The materials used were: 400 mL beakers, thermometers, hot plate, ice, 1% starch solution, 2 grams of soluble starch, iodine in dropper bottles, buffer solutions with pH levels of 4, 7 and 10, well (spot) plate labeled 1, 2, 3 and 4, saliva (amylase) solution, test tube rack, test tubes, droppers, a 10 mL graduated cylinder and water squirters. Method: a) Reference color A few drops of 1% starch solution were placed on a spot plate. One drop of iodine was added to the spot. The color that formed was taken to be the reference color. b) Effect of concentration. A 400 mL beaker was half-filled with water and then warmed to 37?C. The temperature was kept con stant at 37?C. Saliva was collected in a disposable tube. 4 mL of 1% starch solution was placed in a test tube. This tube was placed in the water bath for five minutes. In spot plate 1, no spit was added, in plate 2, one drop of saliva was added, in plate 3, three drops of saliva were added and in plate 4, five drops of saliva were added. Eight drops of 1% starch solution were then added to each well plate. ... The plate was then rinsed with water and the test repeated twice after intervals of 5 and 10 minutes. After each test, the observations made were recorded. A graph of the enzyme activity against the amount of amylase at 10 minutes was then plotted. c) Effect of temperature. 1 mL of 1% starch solution was placed in two test tubes. One of these tubes was placed in a water bath with boiling water and the other in an ice bath. 1 mL of the 1% starch solution used in method a) above was placed in a test tube. This test tube was then placed in a water bath with a temperature of 37?C. The three tubes were left in the baths for 10 minutes. The temperatures of the baths were then recorded. Two drops of saliva were placed in 3 well plates and then one drop of iodine added to each plate. Four drops of the 1% starch solution in the test tube contained in the ice bath were added to one spot, another four drops of the starch solution in the test tube contained in the water bath at 37?C were added t o the second spot, and finally four drops of the starch solution in the test tube contained in the water bath with boiling water were added to the third spot. The observations made were recorded and a graph of enzyme activity against temperature plotted. d) Effect of pH 2 mL of each of the three buffer solutions (with pH levels of 4, 7 and 10) was placed in separate test tubes. 2 mL of 1% starch solution was then placed in three other test tubes. All the test tubes were then placed in a water bath with a temperature of 37?C for five minutes. The three 1% starch solutions were then poured into three buffer solutions and then mixed thoroughly. The test tubes with the mixtures were then returned to the water bath. Three drops of spit were placed in three spot plates. Using clean droppers,

Service Journals Assignment Example | Topics and Well Written Essays - 1750 words

Service Journals - Assignment Example In 2012, the company was listed 3rd by Forbes among 10 world’s most innovative companies. This is an indication of good quality services, which is an aspect associated with innovativeness. The rating also reflects consumer satisfaction as it is based on customer feedback data among other parameters. Barnes & Noble Inc. is the major competitor with 1,300 book stores in the US and also sells products online. However, I did not choose the company because the company experienced losses recently in its digital business, which does not give a customer the desired motivation and confidence to engage in Barnes & Noble’s online business (hoovers.com). I expected to download the journals in my computer immediately after making the payment. I also expected to get the correct copies as I had ordered without any missing pages. There was a 25% discount for every third item purchased by the same customer and therefore I anticipated the discount on three journals. Overall, I expected the best service due to the fact that I was purchasing 10 items at once. 4a) Look at the advertisements and web pages (all promotions you can find) for this service. Describe them. Are they targeting the correct markets? How do these ads and promotions impact your expectations for the service? Do they overpromise? How would you change them? (make recommendations—don’t say â€Å"I’d leave them the same†) Amazon.com advertises products in a strategic manner that attracts customers’ attention. For every journal, there was a review of the contents and a background of the authors. This information was helpful in making a purchase decision since it highlighted what to expect and therefore I carefully chose those with the required information thereby avoiding unnecessary costs. The advertisements are targeted at a variety of market segments. Customers visiting the company’s website have the freedom to

Women and the Peace Movement in Britain Essay Example | Topics and Well Written Essays - 4250 words

Women and the Peace Movement in Britain - Essay Example The essay "Women and the Peace Movement in Britain" analyzes the reasons why women did not make an individual contribution to British peace activist until the late 20th century.Though women have been quite instrumental in bringing the changes that led to movements for peace not just in Britain but across the world in the 20th century. The major reform that the Brits had achieved was the abolition of slavery in all the British colonies in the year 1833. This reform was particularly supported by the Christian women who had resolved to aid the movement by boycotting the usage of sugar which was the main export from the slave countries as they believed in the Christian philosophy of equality to all humans. This movement was the result of a long effort by William Wilberforce and Brougham along with their accomplices and Christian women in Britain and America as well. It is important to note that this movement to enforce the reform to end slavery in the world, particularly the British colo nies, had saved over a half a million African slaves. Another development was in the war front which has been quite active because of some major forces like Britain, Russia, France, Germany and almost all other countries of the world. War was on the verge of becoming the concept for social, political and economic strength for almost all of the countries of the world. Different countries and their respective allies had been taking to war increasingly and aggressively thereby changing the social and political scenarios in the world. and thus impacting the economic scenario the most which is the major factor effecting the people, their thinking and their life standards. By the mid - nineteenth century, political reforms had gained much momentum and some of them saw the light of the day after long periods and these reforms had been instrumental in giving the women some freedom from their earlier days of suppression. But still the conditions and the freedom of women was far from being si gnificant [1]. Not all women had been emancipated and the few who were enjoying freedom from the oppressive laws were miniscule even when the 'Custody of Children' bill had been passed in 1839 with much efforts by a much influential Caroline Norton and the then Prime Minister, Lord Melbourne. This bill gave the rights to custody of the child below seven years and permission to see the older ones' above seven to the mother