Introduction to Law and Contracts Research Paper - 1

Introduction to Law and Contracts - Research Paper Example It concludes with a signature page, allowing for the signature of the executive, David G. DeWalt; the Executive Vice President and CFO of McAfee Inc.; Jonathan Chadwick, and Renee J. James, Senior Vice President and General Manager, Software and Services Group, Intel Corporation; and the necessary witnesses. This written contract fulfills the definition of an express contract as â€Å"a contract in which all elements of a contract are specifically stated (offer, acceptance, consideration), and the terms are stated, as compared to an "implied" contract in which the existence of the contract is assumed by the circumstances.† (â€Å"Express Contract†, 2005) The Law of Contracts, Treitels classic text defines a contract offer as â€Å""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". (Treitel, 2007) In this case the person to whom it is addressed, also known as the offeree, is the party known as the executive, David G. DeWalt. Therefore, the contract offer is made when the contract document is presented to David G. DeWalt and his attorneys or representatives in these contract negotiations. This offer document also contains conditions on which the offer is contingent. The offer is occurring coincident with merger negotiations and is contingent on â€Å"the execution of the Merger Agreement.† Acceptance is therefore a matter of more than the three parties signing the contract in the presence of the required witnesses. This contract can only be considered to have been accepted if the Merger Agreement is also duly signed and witnessed and â€Å"shall become effective immediately preceding the Closing Date, as defined in the Merger Agrement.† Normally an offer of employment is accepted when it is signed before witnesses. However, this employment contract can only be considered accepted if

International finance Assignment Example | Topics and Well Written Essays - 250 words - 1

International finance - Assignment Example Further, their customers in Thailand have committed themselves to purchase a fixed amount of Blade’s products hence ensuring that the sales volume is fixed and does not therefore fluctuate. Finally, the country has a high potential of stabilizing in future hence promises high returns to the company due to the high growth potential in the whole of Asia. Due to the unpredicted nature of economic performances, the company should take the investment now and not wait until next year. Further, it will more expensive to take the investment by next year in case the Thailand’s economic conditions improve by next year due to the eminent appreciation of baht and the increase in value of the firms to be acquired. In addition, many of the Blade’s competitors shall have also moved to Thailand thus reducing the returns to the company. The company will therefore get more returns if the economic conditions subsided or will face great losses in case the condition worsens. Blades should renew the contract with the Thai retailer so that it can increase its market share and hence sales volume. This is because the retailer purchases a fixed amount of its products regardless of the economic condition. Renewing the product has a potential of increasing the company’s market share while not renewing g it reduces its market share. Contract renewal will increase profit margins for the company because the retailer has already attracted and commands a substantial market The establishment of the subsidiary will be greatly supported by the government because it has a potential of providing employment opportunities in the country thereby increasing the living standards of the employees which in turn increases economic growth of the country as a

The Adventures of Huckleberry Finn Essay Essay Example for Free

The Adventures of Huckleberry Finn Essay Essay In the novel, The Adventures of Huckleberry Finn, Huck faces many obstacles running away from his dad because he is accompanied by Jim, who is a run away nigger. While on their cruise they encounter a â€Å"duke† and a â€Å"king,† who only seem to bring them even more trouble, and later Huck meets his long time friend Tom. Throughout the whole story Huck faces different inner arguments over how things should be done to overcome a problem. One of them is when Huck leaves to the little village around Pikesville with the duke. He later returns to the raft to take off but he notices that Jim is no where to be found. Huck finds a boy around the area and the boy explains that some guy named Phelps has found a run away nigger (which is Jim) and plans on returning it for the cash reward. Later Huck gets into a big fuss about if it’s best for him to tell Miss Watson about where Jim is located. Huck evaluates the situation and determines that if he does write to Miss Watson, Jim would benefit in the way that he would rather be a slave at home close to his family than become a slave at Pikesville; but Huck would also be relieved of his sin of doing something wicked from the beginning and not ending up in the everlasting fire but clearing his conscious to the point were God will forgive him. Huck is appealing to pathos by expressing his thoughts when he says, â€Å" I was letting on to give up sin, but away inside of me I was holding on to the biggest one of all. † (Pg.190) In this phrase Huck reveals that he knows that he was doing wrong all along and was willing to give it up but his sin was more within him. His conscious was telling him he must do the right thing aside from what he thought was fair. Though if he does tell Miss Watson where Jim there may be some consequences. First of all, Miss Watson may be mad at Jim for running away and end up selling him or she might keep him but everyone would despite him for what he did. Secondly, Jim described Huck as his only friend who had saved him from some white men by telling them about smallpox. This may cause the friendship to brake and hatred to arise between them. Lastly, Huck would be looked upon disgrace for helping a nigger run away from his owner. This side of Huck is appealing to ethos by expressing, â€Å"That’s just the way: a person does a low-down thing, and then he don’t want to take no consequences of it. Thinks as long as he can hide, it ain’t no disgrace. †(Pg. 189) This shows how Huck is credible by explaining that doing something wrong is nothing to be proud of and hiding it isn’t going to take the wrongness from it. The argument is effective because it is a very important situation in the novel. It’s a turning point on how the story takes Huck on â€Å"stealing† the nigger again. Huck then decides it is best to not tell Miss Watson but for him to take his own action on setting him free again. Even though Huck understands the other point of view he sees, he determines that it is much better to lay low and not tell anyone. The side of Huck that says he shouldn’t announce where Jim is been kept is been more rational because he explains how Jim and him wouldn’t benefit in the long run and just defame themselves. The effect over the argument is that Huck decides to find a plan to set free Jim for them to run away together once again. Another inner self argument is brought upon when the king and the duke put on a â€Å"show† to the little town in Arkansaw and get $465. This causes the uneasiness of Jim and Huck. Huck then tries to find a way to get rid of the duke and king and confess to the town’s people that they are frauds. Once again, Huck gets stuck on what would be the right way to tell on these guys. If Huck decides to tell on the duke/king he will leave happiness to the town’s people by not letting them be fooled any longer and getting them arrested for Huck and Jim to leave in peace. Huck could also steal the money from them and give it back to Mary Jane and leading them on to stay and try to get the remaining money for them not to leave empty handed as said in page 158, â€Å"They’ve got a good thing here, and they ain’t a-going to leave till they’ve played this family and this town for all they’re worth. † From this phrase we can see Huck appealing to logos because he is been critical to how the men are going to react if he would steal the money from them. In the controversy, if Huck decides to tell the doctor or Mary Jane about the situation the outcome may not be the best. If Huck tells the doctor the king or the duke could ask who told him and the doctor would blame Huck and the frauds would hate him for it and cause even more problems. Now if he were to tell Mary Jane the frauds would suspect something and leave with the money and even if Mary Jane asked for help Huck would be involved in this mess. Huck is in this hand, appealing to ethos when he says, â€Å"Her face would give them a hint, sure; they’ve got the money, and they’d slide right out and get away with it,† showing how it’s reasonable that when your about to get caught with something people tempt to run away to get away with things because they know it’s not right. The argument is effective because Huck is been reasonable by knowing that the best thing to do is to bust these thief’s and not cause more pain to the family of Mary Jane. Huck see’s both points of views in order to work things right; enough to get the frauds arrested and not causing himself any trouble. The effect of the argument is that he tells Mary Jane the truth and plans out a way for the duke/king to get caught and Jim and him to leave without no fault. Mark Twains overall argument is that society has based things from right and wrong, but sometimes what’s right may not always be right but wrong. It’s this Right vs. Wrong kind of theme, were right is wrong and wrong is right in some cases. For example, it is bad in Huck’s society to be friends with a Negro but it is right to be friends with Jim because race shouldn’t matter since we are all equal. Another example provided in the novel was when it was said to be right to turn in Jim to her owner, Miss Watson, but it is bad to do so because every man deserves to be free. In this novel Huck is been attacked with many issues such as racism, friendship, war, religion, equality, freedom, and determination. Every decision made was a struggle between Hucks mind on what was best to be done over a conflict.

Causes of Speciation in Fish Population

Causes of Speciation in Fish Population Speciation of Lake Malawis Cichlid Fish Populations   Introduction Ancient lakes have been an intensely studied area in evolutionary biology (Brooks 1950; Martens 1997). This is because ancient lakes contain a continuous record of biotic change over long periods of geologic time in their basin sediments, and because ancient lakes generally have high levels of endemism in their biological communities. Lake Malawi is located in the East African Rift Valley and its basin dates to 8.6 million years ago (MYA) with modern deep water conditions attained at ~ 4.5 MYA (Delvaux 1995). Of the three major lakes that comprise the East African Great Lakes, Lake Malawi boasts the highest diversity of endemic cichlid fish, 49 endemic genera containing over 1000 species (Turner 1994; Moran et al. 1994; Danley and Kocher 2001). These cichlid fish stocks do not date to the period of lake formation, and instead date to an invasion of cichlids from Lake Tangyanika to Lake Malawi that was thought to have occurred between 2 MYA and 700,000 years before present (Genner et al. 2007; Danley and Kocher 2001). The cause of the accumulation of diversity in African rift valley cichlid species has been a source of debate for several decades (Keenleyside 1991). This debate has been centered on whether allopatric or sympatric speciation is the cause of the explosive radiation seen in the African Great Lakes. Early experiments focused on the Mayr (1963) model of complete geographic separation of populations leading to speciation (McKaye and Gray 1984). Other, more recent research has shown speciation with gene flow as a plausible form of sympatric speciation in Lake Malawi (Turner 1994; Shaw et al. 2000). I will show that these two processes are not mutually exclusive, and that a combination of both mechanisms has likely occurred in Lake Malawi over different time periods and different scales. I will consider models developed by Danley and Kocher (2001) and Kocher (2004) to specifically look at changing environments, feeding habits, and mate choice as the main drivers of speciation of cichlid fi sh in Lake Malawi. In addition, I will discuss several genetic factors that arise in the speciation of cichlids as well as future directions of cichlid research in the Great Lakes of Africa. Habitat: Changing environments through time There are two main groups of cichlid fish in Lake Malawi, pelagic and benthic, and of the benthic group two subgroups have formed, those that are rock-dwellers and those that are sand-dwellers. All of these types of cichlids evolved from a generalist that invaded Lake Malawi from Lake Tangyanika (Danley and Kocher 2001). These groups and subgroups of cichlids each specialize in a broad geographic location and/or ecological niche causing speciation based on locality, an allopatric process. Danley and Kocher (2001) consider this process to be most significant immediately following invasion, playing less of a role after initial ecological speciation. However, I challenge this notion as many rock-dwelling and sand-dwelling benthic cichlids habitat would be negatively impacted during the known variation in lake level of the African Great Lakes throughout the last several million years (Scholz and Rosendahl 1988; Johnson et al. 1996). Stumbauer at al. (2001) suggested that major changes in lake levels match genetic divergences in cichlid fish throughout the history of Lake Malawi and Genner et al. (2010) suggest that after lake levels increased, populations of cichlid fish expanded and underwent allopatric speciation because of increased niche environments were created. These studies show that climatic effects impact cichlid speciation by fragmenting populations as lake levels decrease and by increasing niche habitat space as lake levels increase. However, there could be additional environmental factors that have not been as intensely researched. This would include increased turbidity, affecting visual cues for mate choice (Genner et al. 2010). In addition, dramatic aquatic chemistry changes, such as increased salinity that occurs when lake levels decrease, could affect primary production and thus, tropic predation. Decreases in populations of cichlid fish brought about by ecological and environmental changes from lake level fluctuations could create bottlenecks and founder effects. Danley et al. (2000) found that allelic diversity was reduced in rock-dwelling species of cichlids that inhabited shallower areas when compared to higher allelic diversity in cichlids that inhabited deeper older areas of Lake Malawi. This difference was likely created by the desiccation of the lake and suggests that reduced populations of cichlids were associated with low lake stands, but no conclusive evidence of a bottleneck in the population was found (Danley et al. 2000). Predation: The quest for food Following ecological speciation based on geographic location, Danley and Kocher (2001) considered trophic competition to be the next chronological mode of speciation of cichlid fish in Lake Malawi. The authors state that speciation based on predation diversification is the logical progression from ecological speciation. Competition for food further drives diversification of the cichlid fish in each geographic area that they inhabit. This progression happened efficiently in the cichlid fish of East Africa because the jaw apparatus underwent changes that allowed for the pharyngeal jaws to process food, a role once relegated to the oral jaw (Liem 1973). This change allowed for a diversity of jaw movements and freed the oral jaw to solely collect food (Liem 1973). Changes in jaw function permitted the collection of food from of a larger assortment of trophic sources ranging from plankton to scales of fish to whole fish (Kocher 2004). Differentiation of morphology based on trophic competi tion created niches for cichlid fish usually inhabited by different families of fish (Greenwood 1964). Sexual selection: A multitude of color choice The third mode of speciation Danley and Kocher (2001) describe is driven by sexual selection, and this type of speciation accounts for the bulk of morphological variety in colorization that comprises the majority of recent speciation in extant East African cichlid populations. Sexual selection has been implicated as the cause of male secondary sexual characterizations, including male colorization (McKaye et al. 1984), with the rest of the morphological features remaining largely unchanged. Male traits are chosen by females in lek-breeding type situation, where females chose from many males (Barlow 1991). This skewed system of reproduction can create linkage disequilibrium and rapid diversification of morphological types, which can occur in sympatric or allopatric speciation (Turner and Burrows 1995). Not all types of East African cichlids undergo morphological speciation based on colorization, but lineages that differentiate by means of other morphological or ecological factors are r elatively species poor (Danley and Kocher 2001). Timing and magnitude Danley and Kocher (2001) indicate that all three speciation types (habitat, predation, and sexual selection) are present during three distinct pulses of radiation. During all three radiation events, all three modes of speciation are present in differing abundances. The first radiation event is dominated by habitat diversification, the second by trophic competition and the third by sexual selection (Danley and Kocher 2001). Speciation based on sexual selection has occurred at the same level of intensity throughout the multiple radiations of cichlid fish in Lake Malawi. Sexual selection only appears to be increasing in impact in the last radiation event because ecological speciation and differentiation based on predation have decreased in impact (Danley and Kocher 2001). Danley and Kocher (2001) suggest that these three types of speciation promoted rapid diversification through a positive feedback loop, where reduced gene flow further promoted divergent selection. New frontiers In studies that have elucidated genes responsible for traits, it has been shown that those traits have undergone strong selection (Kocher 2004). For this reason, the author suggests that moving forward there needs to be a better understanding of genes that are responsible for various phenotypes, especially those that are selected under directional pressure. Once the fine scale mapping of the genome is complete, Kocher (2004) believes that coalescent history of alleles will be very informative in reconstructing speciation events. Kuraku and Meyer (2008) assert that comparative developmental and genomic approaches are the future of African Great Lakes cichlid research. The authors state that this is because many of the cichlid species are very similar genetically. Thus, they can be hybridized and studied to determine the genetic causes of phenotypic expression. Although research has shown that hybridization is not a driving force in speciation of the rock-dwelling cichlids of Lake Malawi (Albertson et al. 1999), hybridization could be a factor in the speciation of sand-dwelling and pelagic varieties of cichlids. Discussion The Danley and Kocher (2001) model follows a logical progression of speciation events; invasion, followed by niche habitat exploitation, then trophic competition, with the remaining diversification left to sexual selection. The fundamental reasoning of this model has merit for the rapid speciation of cichlids in the Lake Malawi, and it is robust, in that it includes multiple types of speciation (sympatric, allopatric, and parapatric) occurring over differing geographic and time ranges. However, it lacks resolution over time scales that include dramatic fluctuations in environmental conditions (i.e. lake level fluctuations). For instance, sexual selection remains a constant factor throughout speciation in Danley and Kochers model (2001), but lowered lake level would cause increased turbidity, which would limit the ability of females to chose males based on colorization. The model also relegates habitat and trophic competition to being factors in only the first and second bursts of cladogenesis. This does take into account issues of habitat fragmentation and population expansions associated with lake level changes, or the trophic changes that would occur from nutrient and chemical changes brought about by hydrogeologic variability. In conclusion, it has been experimentally shown that there are many ways that speciation has occurred both allopatric and sympatric in the cichlid fish populations of Lake Malawi. The Danley and Kocher (2001) model summarizes these types of speciation well. However, the model could be further developed to include recent discoveries in cichlid response to lake level changes (Genner et al. 2010; Sturmbauer 2001) as well as increasingly better refined phylogenetic studies. Understanding the history of Lake Malawis environmental and geologic past and the relationships of cichlid taxonomy will aid in the reconstruction of the causes, drivers, and limitations of rapid speciation in Lake Malawi. This understanding could be invaluable as human populations increase, putting pressure on natural resources, affecting habitats and reducing biological populations and diversity. Looking at periods of lowered lake level could be a powerful analogue for decreased genetic diversity that could inform future perturbations in endemic cichlid fish population of Lake Malawi.

Dorothy Parkers Short Stories Essay -- Dorothy Parker Essays

Dorothy Parker's Short Stories Dorothy Parker’s writings are connected to her life in many ways. She grew up in a time where women’s roles where changing in society. She spent most of her life in New York City and most of her stories setting are of that city. She was married young and divorced in a short time, just as the Hazel in The Big Blonde. She was outgoing, sarcastic, and witty in a time when women were supposed to be docile. This style is shown throughout her work but particularly in The Waltz, where the status quo is displayed through the character’s conversation and Parker’s ideals are made known through the woman’s inter monologue. She combats a typical stereotype through mocking, in The Standard of Living. In this story the average woman is shown, as silly and almost material person. This work breaks the normalcy of the day by having them dress a little more risquà © and being more independent. Dorothy Parker lets her sarcastic, ironic, dry humor shine a light o n the inner workings of the woman and the plight they have with society. The Big Blonde tells the story of Hazel Morse, a woman who is trapped in city culture. The city culture is dominated by males and is isolated and uncompassionate. Set in the 1920s, the story tells of how men fulfill their expected duty of holding a daily job while women are expected to be a source of entertainment as well as â€Å"good sports†. Drinking heavily is a normal part of society and is used mostly to forget about life’s woes. The only â€Å"duty† for a woman in this time period is to find a husband and keep him happy. Hazel Morse is the protagonist of the story. She is a big breasted, bubbly, blonde woman who finds herself in a precarious position. She finds herself trying... ...till be miserable. Annabel and Midge in The Standard of Living are trapped in a different way. Parker uses this innocent image of girls playing a game to show how ridiculous stereotypes are. They are confined to games for amusement. They have revolving boyfriends and they have jobs. They are the new workingwoman but still have some of the qualities of the old fashioned model. Parker is showing they both can exist at the same time. This is not a commonly held notion in society, either you are one or the other. No matter which way they are seen they are misperceived. Parker uses the theme of entrapment to illustrate the confinement of women in society. They don’t have to be shallow and content, but yet they don’t have to work a 40-hour workweek and never marry. She is trying to say that women can be a little of both, and uses her sarcasm to prove it.

Security And Privacy On The Internet Essay -- Computer Security

Many users are subject of Security and Privacy on the Internet issue. The term "information" now is more used when defining a special product or article of trade which could be bought, sold, exchanged, etc. Often the price of information is higher many times than the cost of the very computers and technologies where it is functioning. Naturally it raises the need of protecting information from unauthorized access, theft, destruction, and other crimes. However, many users do not realize that they risk their security and privacy online. First, I want to describe who the subjects of the issue are. In my opinion, the issue is the most relevant for the private and commercial information. Home users risk their security while connected to Internet. It is obvious that many people store private information such as Social Security and credit card numbers, as it is more convenient than to enter them every time completing a form for an online purchase. Hackers do not have to attack every user individually, they write special viruses named "Worms" and "Trojan horses" which, once run, could spread in a global scale. These programs may have different functions from gathering personal data to logging pressed keys and e-mailing the information to a hacker. Even if a user does not keep any valuable information, his or her computer does have a value for a hacker. "If you think that your small computer could not become an object of offence because it is very small, then you are mistaken. Even if it doesn't contain anything worthwhile , it could be perfectly used for breaking in other, more significant system." (A. Zaharchenko, Futurology without future [Computerra], 2002). Not rarely, competing entrepreneurs with the help of unlawful means wan... ...nowledge about threats of security and privacy issue on the Internet, one could feel less vulnerable and use Internet with confidence. References Zaharchenko, A. (2002, December 24). Futurology without future. Retrieved March 14, 2005, from http://www.computerra.ru/print/softerra/technologizm/22926/ Honeycutt, J. (2004, April 20). How to protect your computer from Spyware and Adware. Retrieved March 14, 2006, from http://www.microsoft.com/windowsxp/using/security/expert/honeycutt_spyware.mspx IDS: Classification (2002, December 4). Retrieved March 12, 2005, from http://www.xakep.ru/post/17052/default.asp Stalsen, (2001, February 28). Researching Firewalls. Retrieved March 13, 2005, from http://www.xakep.ru/post/17052/default.asp Anonymity for lazy people (2004, June 17). Retrieved March 14, 2005, from http://www.xakep.ru/post/22763/default.asp

Essay One Description and Narration Essay

Anyone who has ever achieved anything has had to face many obstacles to accomplish their goals. But what defines their success is never how many obstacles stand in their way, but how many obstacles they overcome. Even though I might have to overcome many tough obstacles in order to become a police officer, I believe that it is important to protect the public and prevent crime. In order to gain a position in the police force, I will have to pass various examinations, such as a written exam that will be based on correct wording, grammar, spelling and punctuation. In my opinion, this exam seems pretty easy because I am good in language arts and reading. Perhaps whenever it comes my time to take this examination, I will ace it. The police academy training also prepares police officers for active duty. The training probably has to be the hardest obstacle for me because it requires intense physical workouts. The first week in training I will have to run, and do calisthenics, which consists of push-ups, crunches, and jumping jacks. I will also have to use the medicine ball to do sit-ups, twist and hand offs, curls presses and extended workouts. Each week I will have to do the sets and reps for these physical workouts and each week the exercises double , so I will have to do double the work. Finding the job as a police officer will definitely be the second hardest obstacle. There will be a lot of competition in order for me to get into police training. In the past, becoming a police officer was not as difficult as it is today. One of the  main reasons that getting a police officer jobs is more difficult now, is that there are many more applicants than there used to be. Once I am a police officer, I can move into other areas like drug investigation. If I become a drug investigator I will have to have five or more years of police experience. Police dog services, also known as K9’s is another advancement that I am interested. As K-9 handler I must be able to perform specific tasks with my dog, such as bomb and narcotic detection, human tracking, and finding hidden objects. Or even an explosives disposal technician, which are specialized in training to handle chemical, biological and even nuclear weapons. Out of all these three options, the main one that catches my attention has to be a drug investigator. Hopefully when I have a lot of experience in the police force I can work my way up and become a drug investigator or even a police k-9. It will also be personally gratifying to protect the public.