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. Issue

Assuming the common law is the applicable law, is Bates¡¦s first letter to Ames an acceptance or a counteroffer?

Rule

Under the Common Law rule for an acceptance, also known as the Mirror

Image Rule, if the terms of acceptance do not ¡§mirror¡¨ the offer, then the acceptance is really a counter offer.

Application

In Bates¡¦ first letter he wrote ¡§I will accept the offer if you use putting Green brand sod.¡¨ which does not mirror the original offer from Ames under the mirror image rule in the Common Law.

Conclusion

Under the Mirror Image Rule, Bates¡¦s first letter to Ames did not mirror the offer given by Ames, and therefore would be considered as an counteroffer.

. Issue

Assuming the UCC is the applicable law, is Bates¡¦ first letter to Ames an acceptance or a counteroffer?

Rules

Under the UCC, acceptance does not have to be the mirror image of the

offer. Counteroffer arises only if the words of acceptance are expressly conditional on assent to a new or different term.

Application

In Bates¡¦ first letter he wrote ¡§I will accept the offer if you use putting Green brand sod.¡¨ which does not contain words expressly conditional on assent to a new or different term.

Conclusion

Assuming the UCC is the applicable law, then Bates¡¦ first letter to Ames would be an acceptance instead of a counteroffer.

4. Issue

Is Bates¡¦ July 16 letter to Ames a timely acceptance?

Rules

Under the common law, not accepting the offer in the specified time can also be considered as rejection by the offeree.

Application

Bates¡¦ nd letter sent to Ames was sent on July 16. It has pass the expiration day Ames has written on her offer posted in the meeting room of the Antlers.

Conclusion Bates¡¦ nd letter sent to Ames was not a timely acceptance.

6. Issue

Is there a contract between Cramer and Ames?

Rules

A contract is a mutual agreement between two or more parties which the law enforce in some way. In order for a contact to be formed as a matter of law, one party much make an offer which the other party accepts, and the promises must be supported by consideration.

Both the offeror and the offeree also must have the intention to contract, and the offeree must respond within the specified time or reasonable amount of time for the offer to still be valid.

Application

Ames offer the service at a discount price on a notice posted in the meeting room of the Antlers, which fulfilled the first element of the contract. Cramer sent a letter on July 10th accepting Ames¡¦ offer, which was before the offer was said to be expired. It was the nd essential element of a contract. The consideration for this contract was Ames¡¦s service to resod the lawn for two dollars per square foot using Fairway brand sod.

Conclusion

By understanding the essential element of contract, we conclude that there is a contract between Cramer and Ames.

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If you order your custom term paper from our custom writing service you will receive a perfectly written assignment on private cars. What we need from you is to provide us with your detailed paper instructions for our experienced writers to follow all of your specific writing requirements. Specify your order details, state the exact number of pages required and our custom writing professionals will deliver the best quality private cars paper right on time.

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Buses vs. Private Cars

Gao Huan

As an essential part of the modern life, traffic is an important index of people's living standards. Three characteristics of satisfactory city traffic are speed, convenience and safety. For a developing metropolis like Shanghai, there are two ways to achieve this goal public transportation and private transportation, or more concretely, buses and private cars. There has been discussion as to which to promote.

Now let's look at the issue in the particular context of Shanghai. Shanghai is a leading city of China, with promising economic prospects. Good traffic is vital to individuals' daily life and the business of the city. What Shanghai needs is cost-effective traffic.

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Though recently we have built many roads and highways, the population over-density, the largely still unsatisfactory road condition and the pollution are nonetheless problems we have to deal with. So at the status quo, public transportation is a better solution.

Properly planned and successfully developed, the public bus system of a city, together with the subways etc., can move people all over to wherever they want. Designed for the public, a bus carries many people of the same route on one ride, while a private car can only carry very limited number of passengers. To move the same number of people to their destinations, there will be more cars on the road than buses, in spite of their smaller sizes. Thus the roads get more congested, the speed of the traffic is lowered and there will be more likelihood of traffic jam. True that cars can ride much faster, but when we take these factors into account, public buses save time for everyone.

A bus burns gas for many people, while for the same many, there will be many more cars burning much more gas. Therefore, buses save gas and pollute the air to a lesser degree. When the whole world is confronted with energy crisis and environment deterioration, this is an especially important advantage.

Cars are still very expensive for most of the people, considering the price and maintaining cost. Our national car industry is still rather weak; its relatively low efficiency and high cost make it impossible to render the price low enough. To prevent our car industry from being defeated by the foreign car industry, our government keeps the tariff pretty high. So the whole price level remains too high for the ordinary people. If the government ever wants to promote private cars without harming the development of the national card industry, it needs to develop our car production more quickly.

At present, when crowdedness, relatively low income level and air-pollution are unsolved, we need to put emphasis on buses. In the mean time, we need to improve the city infrastructure and car industry as quickly as possible. Then, when these problems are solved, we can gradually shift to private cars. Anyway cars are convenient, personal and the car-possessing percentage is an important indicator of a country's economic power.

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If you order your essay from our custom writing service you will receive a perfectly written assignment on The Language, Image and Souds of Poetry. What we need from you is to provide us with your detailed paper instructions for our experienced writers to follow all of your specific writing requirements. Specify your order details, state the exact number of pages required and our custom writing professionals will deliver the best quality The Language, Image and Souds of Poetry paper right on time.

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May 15, 00

Question - Define and discuss two interesting elements of poetry

The Language, Image and Sounds of Poetry

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There are many elements that comprise poetry. Two very important elements of those are language and imagery. Poets use these techniques to entertain and capture their audience depending how they use them. They also use these elements to achieve a desired effect depending on what they are writing about.

For poets, what they write and how they write in a poem is extremely important. Language is the way poets express and dictate what he or she wants to communicate. The language used in poetry is very carefully selected. Even though there are different words having the same meaning, picking the right one will make the difference of capturing the reader or not. This is called diction and poets know all to well the value of having this skill. So much thinking goes into this process because the writer has accurately portrayed what he or she is writing about to be able to relate to the reader.

One particular poem that shows how language is used is "she being Brand," by E.E. Cummings. The poet starts by titling the poem with an incomplete title. Instead of titling it she being brand new, E.E. Cummings just leaves it sort of half way. It leaves the reader curious to figure out exactly what the poem is all about. Another way Cummings uses the language to achieve his desired effect is by breaking of the words. For example,

using the same poem "she being Brand", Cummings writes "again slo-wly;bare,ly nudg. Ing (my lev-er Right- oh and her gears being in A 1 shape passed from low through second-in-to-high like greasedlightning)." This shows a very unorthodox way of writing which makes the reader say and almost feel what the poet wants the reader feel.

Image is another element of writing that can relay a powerful message to reader. Basically an image is anything that appeals to any of the five senses. This is a technique that has a broad range of effects. Depending on what the poet is writing about, the writer can make you smell flowers or make feel you are flying and can even make you think you are actually running through a field of grass. In the "Poem," William Carlos Williams makes me feel that I am in my house watching the cat that I don't have. Another great example of using imagery is "Calvary Crossing a Ford." By Walt Whitman. He writes " They take a serpentine course, their arms flash in the sun hark to the musical clank." I feel like if I was there together with the cavalry.

It is amazing at how language and imagery can take affect on a reader. Poets have a special talent at achieving this exhilarating miracle. All and all these elements are essential and add the excitement all great pieces of writing need.

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Pricing Concepts & Strategies

Definition

Price is the value which organisations place on their goods and/or services when they offer them for exchange. Usually expressed in monetary terms in cash based economies.

Exchange Significance

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1. Important to consumers since have limited resources and must make allocative choices

. Involves not only financial costs, but also time, travel, psychic costs

. Important to organisations since must cover their costs and be able to generate a profit

Price Setting

Does not occur in a vacuum. Marketers must consider both m.mix and external environment

Marketing Mix

Factors to be considered include

„h how distinctive product attributes are/value placed on them by consumer

„h intangibles as well as tangibles need to be taken into account

„h costs of distribution and promotion need to be included

External Environment

Factors to be considered include

„h actions of competitors, both price and non-price need to be included

„h need to avoid price competition wherever possible as non-price harder to copy

„h recognise the legal limitations to some pricing practices (T.P. Act 174)

Pricing Objectives

Two types, financial and marketing

Financial

„h profit maximisation ¡V prices set as high as possible to get the greatest profit

„h target return ¡V set a specific profit goal and set prices to achieve

Marketing

„h sales growth ¡V price used to achieve certain sales level or market share

„h status quo ¡V maintains current market position, largely follow others pricing, attempt establish non-price advantage

Pricing Strategies

Definition

Strategic process of positioning product¡¦s price with respect to prices of competing products

Types (for existing products)

1. Pricing above the market ¡V price higher than similar products sold by competitors

. Pricing below the market ¡V price lower than similar products sold by competitors

. Pricing at the market ¡V price to reflect the prevailing market price

Types (for new products)

1. Price Skimming ¡V price initially set high and decreased as move through life cycle, best if no close substitutes, and significant demand

. Penetration Pricing ¡V price initially set low and used as a wedge to enter the market, best where market is price sensitive, aim is to maximise market share

Pricing Tools

1. Profit-orientated ¡V calculates price required to make a specified profit or rate of return on investment, must estimate quantity sold

. Cost-oriented ¡V either track costs then add additional $ amount or % costs (cost-plus), or take $ cost of product and add $ mark-up (mark-up)

Pricing Tactics

1. Psychological ¡V consumer¡¦s perceptions of price rather than actual price such as using numbering system giving impression of lower price (odd/even pricing), or using image to price highly

. Unit ¡V stating the price in a common unit of measurement

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That there are many difficulties in the way of presenting Shakespeare is a fact, I think, that no one will deny. Not that Shakespeare on the stage does not interest the public, but rather that those who know and love the works of the great bard so seldom see his immortal dramas presented in accordance with their own ideals. They are often disappointed because the stage characters do not altogether represent the ones they have pictured as the result of their own study or the perusal of the writings of the countless commentators who have devoted years to analyzing the works of the greatest of dramatists; just as many persons prefer a book that is not illustrated because the artists conception of the characters is sure to differ materially from the mental pictures, vague at first, but which develop as the story unfolds until they become so real as to cause a discordant note when confronted by scenes and faces differing so widely from the ones they have created.

Not only does the critic and the thoughtful theater-goer take his seat on a Shakespearean first night with his own impressions of the play and characters before him; but he remembers, also, other performances he has seen, and still others of which he has read. Contrast the difference in the possibilities of success that confront the woman who attempts Juliet, Portia or Ophelia, with three hundred years of comparison and tradition to contend against, as compared with those of one who appears before the same critics and the same audience in a play that is unknown, and in a character that can not excite comparison because her interpretation is the only one.

Another unequal chance is found in the fact that while the modern play is written with the idea of telling a complete story in the two hours and a half allotted to an evenings entertainment in this busy age; with a Shakespearean drama it is necessary in order to conform to this custom to cut or omit passages and scenes that must necessarily detract from the perfect harmony of the printed work.

The unfamiliarity of modern-day audiences with the beauties of blank verse, and the difficulty of obtaining actors to play the minor roles who are capable of reading it correctly, are still other obstacles in the path of every Shakespearean producer .

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But, on the other hand, to act the famous roles of Shakespeare is, of course, the ambition of every player, man or woman. Speaking lines and enacting scenes that are immortal, revealing as they do boundless possibilities of thought and study, must ever be a labor of love to the sincere student; and even limited or indifferent success thus attained is dearer to the actress heart than would be any amount of commendation acquired in a different field of endeavor. In this, as in most things, the pleasure is all the more keen and the reward the greater because of difficulties encountered, and, in a measure, overcome.

Vilola Allen, 106

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As anyone will tell you who lived during the period, fear and nationwide chaos marked the Cold War era. Basically, the Americans were scared and President Eisenhower knew it. So he took care of it. The Eisenhower administration's focus was not only on preventing a war, but it was also on calming the widespread fear of war and of death. And on this focus they spent millions of dollars to simply keep Americans from worrying. This expensive plan eventually worked as Americans collectively began to stop worrying about war and start trusting their elected leadership. Throughout the 150's the people of America feared a nuclear war for several legitimate reasons but, due to the clever workings of the Eisenhower administration, total disorder was avoided.

President Eisenhower himself summed up his country's situation by saying, "…the world is suffering from a multiplicity of fears." Americans feared that they would die if not from the initial explosion of a nuclear weapon then from the fallout, which would follow. They also feared a future war in which their children would perish. Alongside this fear of death in the back of so many Americans' heads was another fear Communism. For some U.S. citizens Communism was an unjust social system, which they would fight to the death. Many others weren't even sure what it was, but they were sure they were against it. The nationwide consensus however seemed to be that there was no place for Communism in America. One thing was for sure fear was on the minds of the majority of Americans during the Cold War.

With every inch of fear in America came two inches of reassurance by the government. In response to Americans' fear of dying from nuclear fallout, the Eisenhower administration successfully informed numerous families about the construction of bomb shelters and urged them to build their own. So for the first time since talk of nuclear warfare began, Americans could truly believe that they could survive a nuclear attack. Eisenhower again reassured Americans in his speech to Congress in January 158. Playing off the fact that parents feared for the future of their children, President Eisenhower promised to raise the bar of technological education for school-age children. So by showing how easily a nuclear war could be survived and by shedding light on the education of the next generation of American citizens, the Eisenhower administration effectively addressed the fears shared by many Americans.

The Cold War was a time of fear for many people across the world. But with the help of a strong leader like Dwight D. Eisenhower, the people of America were a little more confident than the residents of other nations in the world. As fears were abundant, so was the amount of confidence radiating from all those involved in the Eisenhower administration. America may have been disorderly and chaotic during the Cold War era, but thankfully (and to the enjoyment of every future American) it never escalated into a nuclear war, which could have easily happened.

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Antigone Essay

In the play Antigone, by Sophocles, the priorities set forth by each character often collide with their own pride. Antigones main priority is to give respect, honor, and a proper burial to her brother Polyneices. Creons main priority is to uphold the law he laid out. Each seems honorable, but when they add all of their pride and egos so the mix they end up with a battle against wits. Each argument has its own side that makes good sense, but the action taken by each to resolve the situation is prideful. They cannot put their egos aside to decide on a solution until its too late. As a result, one can conclude that pride influences decisions, morals, laws, and values whether they are right or wrong.

One of Creons drives that fuels his pride is to make his subjects and peers feel inferior to his superiority. He feels trapped and threatened when his subjects contradict his authority. Do you want me to show myself weak before the people? /Or to break my sworn word? No, and I will not/The woman dies, (Scene , 6-1). If I permit my family to rebel, /How should I earn the worlds obedience? (Scene , 0-1). It is a good thing that Creon can stand true to his word as king, but on the other hand, wheres his compassion?

Each side of the law can be in the right as well as the wrong. Which of us can say what the gods hold wicked? (Scene , 116). The law cant just be in black and white like Creon is making it be. If law was pure right and wrong making decisions would be a lot easier and less complicated, however law is not. Antigones intentions have justice to them, but Creon has a good defense. So who is to conquer the quarrel? Who is to be held accountable for the crime? Different values constitute different punishments and glorification. How far does one go to defend their values, and how much pride is set forth? What are the costs for one mans ego? Who should pay the ultimate price? These questions just begin to debate the topic of justice.

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Just like Antigone and Creon, centuries ago, the Roman Empire was trying to impose on the Middle Easts values and morals, but Easterner's didnt want them to interfere with their way of life. In the Middle Eastern Society they had been doing their thing for centuries. The Roman Empire was being hypocritical and prideful to think that everything they did was mighty and all should follow. Values they had were great, but on the other hand so were numerous other societies. To try and convince an entire society to change every value is hubris and a little asinine.

In conclusion, pride influences decisions, morals, laws, and values whether they are right or wrong. In this play Creon and Antigone battle with pride for their values. If each side is in the right and wrong who is victorious? Again, who should pay the ultimate price? These are questions that can never be answered. They were problems in the past and they are still problems among our society today. After all, who is worthy enough to speak for the gods?

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