Condition Precedent

Condition precedent exists when a situation or circumstance has to be achieved, or action needs to be taken in order for one of the other party’s side of the contract to be considered valid. An example of this situation may be Joe offering to sell his car to Jim, as long as Jim can provide say, proof of insurance and a driver’s license. Assuming Jim has a driver’s license and has/can obtain auto insurance, the two parties can move forward. Joe will have agreed to sell the car to Jim. On the other hand, should Jim be incapable or unwilling to provide a license and insurance, Joe is not obligated to sell the car to Jim. In the case mentioned in the text, health insurance is often provided depending on a potential client’s current physical condition. In other words, insurance protect themselves from covering individuals who may be what they consider to be a liability. This example is a clear cut demonstration of how the insurance company protects its own assets by â€Å"conditions precedent†(Clarkson, Miller & Cross, 2011). Conditions subsequent strikes me as a bit more abstract of a concept than condition precedent, by virtue of its inherently negative nature. Put another way, one party’s obligation may be terminated based on the failure of the second party to maintain it’s side of the contract. As it applies to employment, and as was mentioned within the text, an employer may agree to enter into a contract with an employee so long as the employee maintains his or her license to practice (i. e. perform a task to the company’s benefit). In a situation where the employee fails to maintain his/her end of the agreement (loses license, fails to maintain condition, etc. the company is no longer under contract to continue employing that individual (Clarkson, Miller & Cross, 2011). The benefit lies largely with the company-protecting its own assets, as it would not be beneficial to have a lawyer on staff incapable of maintaining a license to practice law. On the other hand, the employee may be able to see a definite benefit as well. He or she knows that the position is hers as long as she meets and maintains her side of the co ntract. Lastly, concurrent conditions, strike me as being the most common conditions we’re likely to come across. They occur in many everyday transactions with businesses by their very nature; which is that duties or actions be met simultaneously between both parties in order for a contract to be valid. In most business transactions, at retail or otherwise, occur when the consumer offers to provide money in exchange for a good or service. The service provider may perform the task and send an invoice, or merchant may agree to sell the product with a promise to pay (such as with credit cards, checks, and credit account) later. But in most cases, the item is given to the consumer once payment is received and payment usually immediately follows a service.

Storm Drainage Design Project Essay Example | Topics and Well Written Essays - 1500 words - 4

Storm Drainage Design Project - Essay Example The hydrograph is shown next page as Figure 2. To facilitate plotting, instead of using the river discharge figures in the vertical axis, the height of the river in meters from the given data was used. For a well-defined hydrograph of the river discharge, river height data were multiplied by 5 during plotting, although actual river height values were used in the computations. In the same vertical axis, the rainfall data in mm. were also plotted. Values were plotted for the hourly data for a four-day period. The time scale is plotted on the horizontal axis. Microsoft Excel (2003) was used to generate a computerised rendition of the hydrograph. The bar graph of the rainfall data showed twin-peaks of 1.2 mm occurring 10 hours apart. The rising limb of the river flood started to accumulate 11:00:00 of October 13 as the first peak of rainfall registered. After 22 hours, the peak of the river flow was reached at 9:00:00 of October 14 when the river height is 0.658 m. It will be observed that the rising limb of the hydrograph is quite steep. Meanwhile, it took 46 hours for the river flood at its peak to return back to base flow. This is defined in the hydrograph by the recession limb. However, the four-day data for the River Cynon did not necessarily return back to base flow. River height before the rising limb was 0.253 m, while the least reading given during the recession limb was 0.306 m. Figure 3 shows the rising limb, peak flow, recession limb and other elements of a typical hydrograph. A significant portion of the Cynon River catchment area is of moderate permeability (65%), which indicates slow infiltration rate and the steep rising limb (British Geological Society, 2005; Gordon, Finlayson, McMahon and Gippel, 2004). The average discharge for the rising limb (Qa) of the river flood is computed as the product of the given river velocity (v), the average river height from the first rainfall peak at 1.2 mm

Advise Moet Chandon in the Chinese market Research Paper

Advise Moet Chandon in the Chinese market - Research Paper Example China is now the world’s fastest wine consumption country in the world. Some Prestigious French wine producing companies have already invested in Chinese vineyards. This shows that the French companies are interested in the growing Chinese market. One such French winery company is Moet & Chandon. In today’s world for a company to be successful they have to invest heavily in marketing and formulate marketing strategy which would help them boost up the revenues. China’s digital space has increased recently. Companies are trying to increase their presence in the Chinese market not only through regular marketing campaigns like in advertisement in TV, but they are looking beyond that like use of digital marketing. Digital marketing is essentially making use of electronic devices like tablets, computers, cell phones etc. which can capture more eyeballs in today’s Digital environment. One major component of digital marketing is Internet marketing. In this paper, the digital strategies will be focused which Moet & Chandon can take to run their business and also the opportunities and limitation of such strategies in the Chinese market (Shambaugh, 2013). The key objective of this study is to explore the Moet & Chandon’s potential in formulating a successful digital strategy for their wine business in the Chinese market. ... France is one of the top suppliers of bottled wine both in volume and in value. It basically dominates the premium segment of bottled wine. There has been a significant change in the behavior of Chinese consumer. They have become more affluent, more tech-savvy and they have more purchasing options than ever before. Majority of the Chinese consumer has now started to regard the Internet as an integral part of their shopping. Now, they focus on value of the products as more importantly than the price they have to spend. They are happier to spend more bucks in exchange for brands which they can trust than purchasing large amount low priced products or services. It has been seen that the Chinese consumer prefer French and foreign brands compare to lower priced domestic brands (Wertime and Fenwick, 2011). Due to huge accumulation of wealth and increasing spread of digitization in China, it makes this market an attractive one for both domestic as well as multinational companies. But with m oderation of China’s economic growth these companies must also change their strategies in the market. China is a huge market which will define consumer culture at global scale. So, for any effective marketing strategy, the company must first understand and embrace its lifestyle and desires (Holloman, 2013). In China wine drinking is considered as much more healthy compared to spirits and also somewhat trendy and the popular choice being the red wine. In China Young urban business professionals consume the wine most at bars and hotels. The main cities of wine consumption are Shanghai, Guangzhou and Beijing. The retail stores are now stocking up imported wines which increases their revenue as a result the retail sector is growing as a whole. On

Should our racial identity be defined by our physical attributes Essay

Should our racial identity be defined by our physical attributes - Essay Example First off, one of the most significant attributes among people is their color of skin. It is a standpoint for racial conflicts and discrimination, therefore. Thus, humanity is well driven by analyzing characteristic features of individuals in relation to physical attributes, but not those which are more vital. It is all about, an individual’s reason, passion, talent, use for the society, etc. Black or white, Asian or Indian, - all these attributes make a huge part of the contemporary society run into misconception in possessing different things and stratum within the society. Living in America, many of individuals urge to create their identities in close relation to their physical attributes. In fact, it is taken for granted today, and no one can refuse that a person’s appearance is the core attribute to get well in this life. It is a â€Å"credit card† of an individual letting him/her know if he/she can go another step in the social stratification and in the car eer ladder as well. This is the truth of contemporary life. The society believes in this assumption just because it was delivered from one generation to another throughout the history of the United States. Such impulses are so strong that it seems impossible to fight them or somehow reduce. Even with the African-American president, the situation has changed not a jot. As an Armenian, I feel responsible to pay everyone’s attention to the topic that is not new for everyone living in a multinational country. It is really difficult to pay people’s attention to more reasonable and constructive decisions while communicating the ethnical equality which makes all individuals and citizens united and, therefore, strong in the national idea. However, communicating ethnicity is not suffice, as â€Å"the ethnic option is conceptualized in individual rather than collective terms† (Fong and Chuang 308). Thus, a person himself/herself chooses to either humiliate or defend someb ody as it concerns with one’s viewpoints on life and social inequality. To say more, racial identity as well as racial discrimination is a result of the historical development of the mankind. In this respect the era of colonialism, expansion, and enslavement â€Å"imprinted† and allegedly justified the winners and the losers of the â€Å"ethnical race,† so to speak. Individuals in majority are likely to put constraints for those in minority in order to make the presence and performance of the first pure, and genuinely more authentic. Unfortunately, the vast majority of contemporary people are perpetually haunted by various stereotypes regarding their identity. It seems taken for granted that African Americans and other minorities should stay behind the scenes of the national dialogue on equal rights just because they do not fit into a so-called â€Å"divine† image of a civilized person. In turn, it hurts and, frankly speaking, destructs people’s se lf-esteem and identity (Burke 85). Thus, social forces are still ineffective in, first, discussing and, second, solving the problem of misunderstanding widely spread over different ethnical communities nationwide. It is a challenge for the nation; it is a challenge for every ordinary individual being a part of the nation as well. Strange as it may seem, a man’s appearance is a prerequisite to estimate his/her talents, goals, and preferences. However, it sounds

Marketing Communications Plan and Press Release for Viejas Essay

Marketing Communications Plan and Press Release for Viejas - Essay Example In this essay, the researcher develops a marketing communication plan for the Viejas Outlet Center in order to increase visitor numbers to the center so that it can survive the current recessionary downturn. The marketing plan includes such strategies, which will play their role in creating awareness among the public about the facilities and entertainment provided by Viejas Outlet Center as well as the new stores’ opening. The creation of a marketing plan is very vital for any business enterprise because it helps to create the entire business plan which is like the route map of the business. The major goals and objectives regarding development of marketing plan include increase in market share, achievement of market dominance, gaining competitive edge over the rivals, seasonal promotions, market penetration, and creating awareness among the public about the facilities and entertainment provided by the outlet. The researcher of this essay prepares a well structured marketing pl an, which will eliminate all flaws that exist in the existing marketing plans of Viejas Outlet Centre. Such modes of advertising will be used which will make every person aware of the new facilities and entertainment stuff provided by the centre. The researcher then concluds that in order to let the public know about the entertainment facilities to be provided by the Viejas Outlet Center, we will use different forms of media, such as, television, social websites, and radio regarding the openings of the new stores throughout the year.

Ryle on Monism Essay Example | Topics and Well Written Essays - 250 words

Ryle on Monism - Essay Example The body has physical existence and consists of matter. Evidences adduced by Freud suggest that some of the thoughts of a person differ from the thoughts which he really acknowledges. However, the common understanding is that a person is aware of his own thoughts. Regarding others, a person can only make inferences from the observed behaviour of the other person. But Ryle argues that this common sense understanding based on Descartes’ theory is unsound and conflict with whole body of knowledge that we know about mind. According to Ryle, the source of such double life theory is because of category mistakes. It is like somebody asking where the university is after seeing, various departments, libraries and research facilities. The university is in fact just the way everything is organised. The same is the mistake when a child after witnessing the march past of batteries, squadrons, etc .asks when the division is going to appear. He must be explained that battalions, batteries an d squadrons constitute a division. Descartes regards human body as a complex organised unit and mind as just another complex unit. Like body, minds are also things. Mental processes are causes and effects. The mind governs the bodily engine although nothing is known of how it governs the bodily engine. Ryle points out that such explanation given by Decartes rests on a batch of category mistakes.

Christopher Columbus good or evil Essay Example for Free

Christopher Columbus good or evil Essay Christopher Columbus was one of the greatest sailors and explores of all time. In 1492 he discovered a â€Å"new world† and linked Europe to the Americas. His discoveries enlarged the world and began a new age of exploration, therefore changing the history of the world. His Columbian Exchange was the foundation of the future world economy. [1] â€Å"Christopher Columbus can be considered a hero for his work on Christianity,† says John Kimble. Columbus has spread Christianity throughout the world and advanced trade with many new discoveries, thus, finding the â€Å"new world† he then discovered the first European colonies, and through those colonies he then spread the religion of Christianity. Columbus then brought spices and riches to all of Europe. [2] â€Å"After his return to Europe, many people were lead to believe they could explore and sail.† [3] â€Å"Only Columbus set off directly across a board, unknown sea with no specific knowledge of how far it extended or what lay on the other side.† Columbus encouraged everyone to take a risk and make their own discoveries. Yes, Christopher Columbus was flawed but all men are. Columbus put Christianity out on a rage on all different part of the world and had those places endured in trading. With all of his achievements, he then bettered the world to be melting pot that it is to this day. Assertion 2: Christopher Columbus was greedy, shellfish, racist and a bigot. He was responsible for the loss of life of thousands, destroyed culture and exploited those he came in contact with. Columbus did not even find what he set out for, the East Indies, and for that alone, should not be glorified in history. Christopher Columbus was yes a discoverer of something new, but it was only new to him. Before Columbus was there, there were native people on the land that they first discovered before Columbus stated he â€Å"founded† it. He was a  robber of land, and some people think he also robbed the lives of many. [1] Christopher Columbus was found to be a cruel man who enjoys seeing the natives and suffer. [2] â€Å"They should be good servants†¦. I, our Lord being pleased, will take hence, at time of my departure, six natives for your Highness,† was the first thing written in Columbus’ journal according to Bourne, p.111-112; page 18 of Hanke, L. (1949). The Spanish struggle for justice in the conquest of America. Philadelphia, PA: University of Pennsylvania. Christopher Columbus may not have killed that native people but hand he was in charge of murder’s and allowed all the killings to go on, so in those words that is just as bad, he also enslaved native people himself. All he was power and he had huge desire to rule over the land that was not his. Margolis goes on to say the Columbus did not prevent his crewmen from raping the innocent natives, and even that he himself raped and native woman, after beating her with a piece of rope. Columbus was nowhere near a hero; he founded land that had ownership already and then took the land away viciously. Work Cited [1][2] Kimble, John. â€Å"Hero or Villain.† Yahoo Voices. Ed. Mark G. Yahoo, 1 July 2007. Web. 25 Mar. 2013 [3] Caroll, Warren H. â€Å"Honoring Christopher Columbus.† Faith and Reason (Summer 1992) [1] plaza. â€Å"Why was Christopher Columbus a villan?.† KnowsWhy. January 10, 2011 [2] â€Å"The Untold Story. Understanding Prejudice. N.p., 2002. Web. 26 Mar.2013. [3] â€Å"Chirstopher Columbus: The Villain.† 123HelpMe.com 26 Mar 2013