Mandatory Memo Essay

I am writing you this memo in compliance with the mandatory mediation requirements issued by the court. I would first like to state to you my stance in this case. I have been dealing with this particular vendor for about six months now. The business relationship started after my wife and I visited Mrs. Doe’s Sunday school class in Huntsville, Alabama. I was there in support of my wife and to explore the Christian religion, but in small talk Mrs. Doe informed me of her family’s grape vineyard and the value of a certain natural product they produced. My natural herb store was in need of some new products for my customers so I agreed to try Mrs. Doe’s product in my store. The muscatine products were a success so naturally I continued to place orders for the products by phone and paid the invoices as the money became available; at this point in the business relationship there was no written contracts signed between Mrs. Doe’s business and mine thus my understa nding is that our contract was of the implied variety, meaning that the action of my ordering and her supplying was the contract. After a few months I began hearing chatter about the popularity of muscadine grape products, and as a vendor I needed to get some legal documents locking down my business relationship Mrs. Doe’s vineyards before the price of the supply went too high. When I first started my company 2011, I remember reading a book about the laws of supply and demand. I remember reading that as the rise in demand grew the cost of the supply would grow as well. To refresh my memory I went back over that book and there it was in black and white â€Å"to make money within this cycle, get in early and get out early. That is, increase your supply as the demand starts to rise and cut your price as the demand starts to fall† (Ball K., Seidman. D 2011). Clearly our implied relationship was not going to be enough to keep me on top of this product increase, I knew whatever I was going to do I needed to do it fast. I had remembered that there as going to be a delivery coming from the vineyard that d ay so I typed up a quick contract that would set in place my current pricing and future deliveries as well. The contract was just a formality to  protect myself and my company, sure Mrs. Doe was a good Christian lady, but I was not convinced that Christianity and business had anything to do with one another. When Mrs. Doe’s son arrived with the delivery I asked the young man to sign the contract as, like I stated earlier, a formality for both companies. I had reviewed all aspects of the contract and did not perceive anything within the contract that was already out of our ordinary routine. I would call and place an order, Mrs. Doe would fill the order and deliver it to our establishment then within a month or so I would pay my invoice. Paying the invoice within 30-45 days gave me time to sell some of the product so that it virtually paid for itself. I was not aware of Mrs. Doe’s son’s age and since I was not expecting the business relationship to sour anytime soon, I did not think to ask if he was a legal adult. When I asked Mrs. Doe’s son to sign the contract he did not offer any information about his age either so in my defense what reason would I have to suspect otherwise. Once I learned of the Huffington Post’s article praising the value of muscadines I knew it was a matter of time before Mrs. Doe either opt to raise the price of her products, I never expected her to want to cancel our business transactions indefinite. I was sure by now that her some had disclosed the contract to his mother by now, it was pertaining to the family business and if he was competent enough to make the deliveries and assist his mother with the company then surely he was responsible enough to give her the contact that he had signed. When Mrs. Doe reveled to be that she was no longer going to supply me with the product I was surprised and angered, we had an agreement. Once Mrs. Doe informed me that she had no knowledge of the contract I immediately faxed the contract to her and then began researching my next legal steps. During my research of contract law I discovered a publication that highlighted all the legal aspects of binding legal contracts. There are several reasons that I judge may rule a contract unenforceable, one of which relates to nondisclosure due to lack of capacity, this immediately required more study. According to the publication â€Å"It’s expected that both (or all) parties to a contract have the ability to understand exactly what it is they are agreeing to. If it appears that one side did not have this reasoning capacity, the contract may be held unenforceable against that person. The issue of capacity to contract usually comes up when one side of the agreement is too young or does not have the  mental wherewithal to completely understand the agreement and its implications† (Stim 2000). I knew that Mrs. Doe would try to use her son’s age as a reason not to honor the contract. I personally believe that if Mrs. Doe actually had no knowledge of the contract it was due to her son’s deception thus proving he had full capacity when he signed the contract. I cannot contest to how thi s legal matter will change my thought process about Christianity. I do not see that Mrs. Doe’s attempt to dishonor our contract as an immoral act. When Mrs. Doe first contacted me I was angry and started to see her breach of contract as a flaw in her moral compass but then I read a passage in another publication I had researched. The aurthor stated that â€Å"a tension exists between the felt sense that wrong has been done when contracts are broken and the actual operation of the law† (Porat, A., & Ben-Shahar, O. 2010). I believe that I have to separate this lack of good judgment in Mrs. Doe’s case from my evaluation of God and Christianity, in doing so I must also take full advantage of my legal rights as a business owner. In order for my business not to suffer from this attempt to breach the contract either Mrs. Doe must honor the contract until the end or she must pay me for the damages that would be associated with the vineyard canceling our agreement, anything less would be unacceptable and a I will continue forward with my lawsuit. Ball, Madeline K.; Seidman, David. (2011). Dollars and Sense: Supply and Demand. Rosen Central. Retrieved 8 February 2015, from Porat, A., & Ben-Shahar, O. (2010). Fault in American Contract Law. Cambridge: Cambridge University Press. Stim, R. (2011). Contracts: The essential business desk reference. Berkeley, CA: Nolo.

History of Motion

Prior to Copernicus’ heliocentric model, the Ptolemaic system was, with the assistance of the Roman Catholic Church, the prevailing astronomical model of the universe in Europe leading up to the 16th Century. A geocentric model, it stated that Earth was the stationary centre of the universe, and used a system of epicycles and deferents (when a planet revolved in a small circle, and this small circle revolved in a bigger circle) were used to describe anomalies such as the retrograde motion of planets. Equants (a point which the centre of a planet’s epicycle moved at a uniform velocity) were used to approximate where planets would be at a certain time. Even though the Ptolemaic model had various defects, as astronomers assumed that all the planets revolved at a uniform rate, planets revolved in perfect circles, and didn’t explain the retrograde motion of planets that it was formulated to do; it was still widely accepted by Western society for the next 1400 years. Nicolaus Copernicus (19 February 1473 – 24 May 1543) was Renaissance mathematician and astronomer who formulated the heliocentric model of the universe. Copernicus formulated a heliocentric model whilst studying in Lidzbark-Warminski in around 1508, now modern day Poland, after he was dissatisfied with the geocentric models of Ptolemy and Aristotle. Using astronomical observations and mathematical, Copernicus refined his ideas and published De revolutionibus orbium coelestium. This book outlines Copernicus’ 5 key ideas on motion, such as: 1. Planets do not revolve around one fixed point. 2. The Earth is the centre of the Moon’s orbit. 3. The sun is the centre of the universe, and all celestial bodies revolve around it. 4. Stars are stationary, and only appear to move because the Earth is itself moving. 5. Earth moves in a sphere around the sun, causing sun’s year movement. Copernicus’ De revolutionibus orbium coelestium was banned by the Roman Catholic Church, but when the ban was lifted in the 17th Century, the scientific community immediately expanded and refined his work. This suggests that the Roman Ca tholic Church held an enormous amount of power and dictated everyday life, and as a result, people became hungry for knowledge they could not acquire as a result of the Church’s censorship of new and modern ideas. Galileo Galilei. Prior to Galileo’s study of falling objects, Aristotle stated that heavy objects would fall faster than lighter ones in direct proportion to weight, and that objects do not retain their velocity and naturally slow down even when no force is acted upon the object. Galileo Galilei (15th February 1564 – 8th January 1642) was an Italian physicist, mathematician, astronomer and philosopher. Studying free-fall, Galileo dropped 2 balls, both of the same material but different masses, from the top the Leaning Tower of Pisa to demonstrate that the mass of the object was independent from its time of descent. The balls fell at the same time, contradicting Aristotle’s widely accepted teachings. Galileo, whose works on motion are linked to the discovery of inertia, and proposed that a falling body, regardless of weight or material, would fall with a uniform acceleration in a vacuum, and that the object would retain their velocity unless another force, such as friction, acts on the object. Galileo also derived the kinetic law for the distance covered during a uniform acceleration from start to finish: d ? t 2 (distance travelled is proportional to square of time period). Galileo was convicted of heresy as a result of his revolutionary scientific works and was put under house arrest for the rest of his life. Despite his imprisonment, he still expanded and published his works. The Church was a tyrannical figure in society, who imprisoned those who went against their scientifically flawed ideals, but their censorship of such scientific material such as the works Copernicus only inspired people like Galileo to expand their ideas and develop their own ideas. Sir Isaac Newton. The Church’s repression of Galileo prevented him from expanding his revolutionary ideas of inertia, and Aristotle’s scientifically incorrect theories were still the prevailing ideas of motion, including the belief that the speed of a falling body was dependent on the mass of the object, and that inertia was non-existent and that an object need to be constantly applied with force in order to keep moving. Sir Isaac Newton (25 December 1642 – 20 March 1727) was an English physicist and mathematician who formulated the 3 Laws of Motion. . If the net force is zero, then the velocity of the object is constant. 2. The net force on an object is equal to its rate of change. 3. For every action there is an equal and opposite re-action. Newton’s Law of Universal Gravitation states that every point mass in the universe attracts every other point mass with a force directly proportional to the product of their masses and inversely proportional to the s quare of the distance between them. The greater the mass, the greater the attrition. This is shown in the formula: Newton was knighted by Queen Anne in April 1705. This suggests that the Church’s attitudes towards scientific progression had changed, and instead of supressing it as it did with Copernicus and Galileo, it was recognised as great achievement, and this scientific progression led to many discoveries that would contribute to the world we live in today. Albert Einstein’s Theory of Special Relativity. Albert Einstein’s Theory of Special Relativity, published in 1905, is a theory of measurement that only applies to uniform velocities. According to his theory, Einstein states that all motion is relative and every concept involving space and time are also relative, therefore there is no constant point of reference to measure motion. Example: a ball falling from the mast of a ship would appear to an observer standing on the ship’s deck as falling straight down. However, to a person standing in the distance, the ball would appear as if it followed a curved trajectory. If asked which trajectory the ball followed considering both people’s perspectives, Einstein’s Theory of Special Relativity states that they are both right and wrong, as there must be a measurement of motion, but there cannot because there is no constant point of reference to measure motion. Albert Einstein’s Theory of General Relativity. Einstein’s Theory of General Relativity, published in 1916, states that every object causes a distortion in space-time and the larger the object, the further space bends. This distortion in space-time is felt as gravity or inertia, therefore meaning that gravity is the product of mass bending space-time geometry. Example: a large body lay at the centre of a trampoline. A marble rolling around the edge of the trampoline would spiral inward toward the body. The body being a large object bends space-time geometry, resulting in gravity and pulling the marble towards itself.

Fahrenheit 451: By Ray Bradbury Essay

Fahrenheit 451 Introduction   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   The book â€Å"Fahrenheit 451† can be considered as a futuristic novel that tells about the future and how various aspects such as technological developments have had an impact on the society (Otten, 1990). The author observes that people in the futuristic society are lazy and do not read books, spend quality time alone or even think as independent minds and do not have conversations which can be considered as meaningful. It is a society of people that watch too much of television and listen to a lot of radio which takes up most of their time. Based on the views of the author, can it be concluded that technological developments have had adverse effects on human race?   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Throughout the novel, the author depicts several themes one of them is that of censorship. The censorship that is depicted in this book is that on read of books whereby books are banned in the future (Bloom, 2007). This is contributed by categories of factors such as lack of interest and hostility of the people towards books. The symbol presented in this novel is that of a mirror which is used to portray a sense of having self-realization and understanding. The fire Captain is portrayed as a literary expert because of the way the captain flues the fire instead of being the one to put it out. The Captain goes contrary to expectations of a fireman. The choice of those final words is as a result of Beatty standing her ground and daring Montag to take his life through the use of literature (Hiner, 2001).   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   The problem with the leisure concept as presented by Montag is that it is not in existence in the real world. The people, as depicted in the novel are engrossed in television viewing as well as listening to the radio without any quality information, which is only in the books. By the end of the novel, Bradbury succeeds in establishing his idea (Bradbury, & Bloom, 2008). This is due to the reason that the concepts and views that he puts forward in the novel are still applicable in the modern society despite having written the book many years ago. The modern society is overflown with technological developments which have changed the thinking of people about leisure and what needs to be done during leisure, therefore, showing that Bradbury succeeded in putting forward his idea of leisure.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Clarisse is seen as a young and beautiful seventeen-year old girl who influences Montag and introduces him to a new potential of the world in terms of beauty. Clarisse appears as an innocent and curious girl who impacts on the life of Montag. She helps in the set-up of the whole framework of the novel because of her odd characters which makes her to be viewed as an outcast in the society. Clarisse loves hiking, asking a lot of questions as well as playing, something that the society views as quite odd habits for a teenager. The happiness depicted through Clarisse and her family which is also seen as an odd family influences the views that Montag has on leisure (Reid, 2000).   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   From the above analysis of this novel, it is to be noted that the whole idea is that on reading of books and the changes that technological developments have caused in the society. One question that one would want to ask is that, â€Å"Is it possible to have a society where there are no books and all that people can depend on is technology?† The answer to this question can only be obtained if a research is conducted again to establish if this can occur in real life. References Bloom, H. (2007). Fahrenheit 451. New York: Infobase Publishing. Bradbury, R., & Bloom, H. (2008). Fahrenheit 451: New Edition. New York: Infobase Pub. Hiner, K. (2001). CliffsNotes Bradbury’s Fahrenheit 451. Foster City, CA: IDG Books Worldwide. Otten, N. (1990). Fahrenheit 451: By Ray Bradbury. Saint Louis, Mo: Milliken. Reid, R. A. (2000). Ray Bradbury: A critical companion. Westport, Conn: Greenwood Press. Source document

ITIL Release process documentation Essay Example | Topics and Well Written Essays - 750 words

ITIL Release process documentation - Essay Example This process helps teams in responding to the irregularity of developing software (release). Notification sent to Release Manager: Information concerning events required conveyed to different users, such as beneficiaries, requesters, or managers. This information conveyed with the assistance of notification service of notification e-mail messages. Define and Priorities Release: The word release is applicable to illustrate a collection of approved changes to an IT system. It is described by the request for comments (RFCs) that it executes (UCISA 1-2). Releases need unique identification according to a system described in the release policy. The identification includes a reference to the change that it denotes and a version digit that will habitually have two or three sections. For instance, major releases: IT_System v.1, v2, v3, and minor releases: IT_System v.1.1, v.1.2, v.1.3 and emergency fix releases: IT_System v.1.1.1, v.1.1.2, v.1.1.3 (UCISA 1-2). Plan and Schedule Activities – Governance: The plan defines the scope and materials of the release, clients or users influenced by the release and risk evaluation and outline for the release. It also defines distribute and deployment approach, group responsible for the release and materials for the release and deployment (UCISA 1-2). Release team roles and responsibilities: The approach to effective team formation is creating harmony while appreciating the individuality capabilities of each team member. Team is accountable for a release; individuals are responsible for their commitments. Release core team consist of change owner, engineering manager, architect, quality assurance manager and program manager (UCISA 1-2). Document training, logistics and communication: Once the release and deployment strategy comprehended, the team develop the logistics and delivery strategies. The document for training, logistics and communication is created to generate harmony among team members. The logistics

Professional Nursing Essay Example | Topics and Well Written Essays - 1250 words

Professional Nursing - Essay Example The discussion is guided by Colin Rees' (2003) critique framework, which looks into the following parts of the research article: focus of the material, the background presented, the terms of reference, the study design, the data collection method, and ethical considerations. It goes further to include looking into conclusion and recommendations, readability, and finally, its implications to practice. These parts provide for the body of this critique Focus. The theme of the research article is that there is no relationship between isotretinoin or antibiotic/topic treatments and depression and the patient's quality of life. This article could be filed under the key words: acne therapy, adverse effects, causal relationship, depression, and isotretinoin. The title clearly gives a clue to the focus. Despite its limited number of respondents and other limitations, the study is important to the profession or practice as it can add to the pool of research on the subject. Background. The study claimed that there have been increasing interests about the possible relationship between isotretinoin therapy and depressive symptoms. It quoted Ault's (1998) study, which estimated that there have been more than two million users of isotretinoin in the United States since 1982. Further, it said, Wysowski et al's (2001) research mentioned that between 1982 and 2000, the Food and Drug Administration (FDA) in the USA had received 431 adverse reaction reports on isotretinoin therapy. These included cases of depression, suicidal ideation, suicide attempts and suicide in patients. Also, Ault (1998) was said to have reported 37 suicides, 110 hospitalized patients and 24 cases of recurring depression on drug re-challenge. The literature mentioned about gaps in research, hence the undertaking of the study. It said that while the literature pertaining to the efficacy and physical adverse effects of isotretinoin (13-cis-retinoic acid) are widely available, the psychological effects, particularly depression, are not well documented. This was mentioned in the researches done by Mills and Marks (1993), Bigby and Stern (1988), and Hull and Bartel (2000). The research said there are possibilities for association but causal relationship is not established, nor any etiological relationship. Further, it is not clear whether depression is a result of using isotretinoin, or the psychological effect of suffering severe acne or even a combination of both. No local problems have been laid out, understandably because drug side effects are a worldwide concern and the scope is beyond the locality. The research may have been carried out as "although the possible association between isotretinoin and depression has been known for over 15 years, no causal relationship or etiological mechanisms have been established." (Ault, 1998). There was no theoretical or conceptual framework presented for this case. Terms of reference. The aim of the research, in the words of the authors, "is to evaluate depressive symptoms and quality of life in acne patients having either isotretinoin or antibiotics/topical treatments." Although there was no hypothesis, the dependent variables are clearly isotretinoin and antibiotic/ topical treatment. On the other hand, the independent variables are depression, quality of life, and acne severity ratings. There were