Essay on Coleen Colombo and Colleagues Resist Mortgage Fraud

Coleen Colombo And Colleagues Resist Mortgage Fraud Columbia College Coleen Colombo and Colleagues Resist Mortgage Fraud Synopsis In 2003, Coleen Colombo joined the California branch of BNC, where she worked as a senior underwriter. The BNC office in which Colombo worked was part of the regional group that offered a considerable amount of loan to its customers. The performance of Colombo in her work was outstanding. This is according to a wrongful termination and harassment suit filed in California Superior Court on her behalf and on behalf of five other BNC employees. The suit states that the work environment began to become hostile for Colombo in 2005 after one of her fellow employees, a male wholesaler,†¦show more content†¦Colombo’s case together with that of five other employees was put on hold after the owner of BNC, Lehman Brothers, filed for bankruptcy in late 2008. The company dismissed the allegations made in the suit arguing that they would contest them on the merits in the pending litigation. Meanwhile, the sub prime loan began to go bad, making the lives of thousands of wholesalers in the company very difficult, thus forcing them to quit from the company. Wall Street reined in the company’s mortgage factories, pulling credit lines, tightening its lending principles, and compelling lenders to buy the same risky loan it once consumed. In essence, the company was in the verge of collapse. Finding of fact #1: The first finding of fact in this case involves corruption in the company. According to Sylvia Vega-Sutfin, a former employee of BNC, the bribes known as spiffs are common in the company. She states that most of the underwriters in the company demanded bribes so that they can approve the loans. These claims of corruption or bribery are supported by Colombo, who claims that one of her fellow employees, a male wholesaler, brought her loans with questionable information such as incorrect salaries and home values, and that the male wholesaler even tried to bribe her so that she can allow a loan with incorrect information to be approved. Recommendation #1: It seems the aspects of bribery and corruption have become part of

Science Excursion On Chromatography And Spectroscopy

Question: Describe about the Science Excursion On Chromatography And Spectroscopy. Answer: Introduction Learning is a process in which students are guided in respect to schools curriculums. During learning, the guider (teacher) directs the leaner in a classroom setting through a concept to enable him acquire knowledge and skills that can help in deriving solutions in a real life situation. Learning process can also be experienced outside the class in fieldwork activities to enhance the curriculum by making lively (BUNTING 2006). Like any other learning process, science education takes place at all aspects of life. To this effect, I am assigned a duty of coming up with an excursion plan for students aged 12. The excursion is aimed at various aspects in relation to chromatography and spectroscopy. Planning Planning for the excursion entailed logistic planning mechanism which started two months earlier in which I together with two teachers took a pre visit to Melbourne University. During the revisit, various workshops were found suitable hence, considered relevant for the intended field study. After the sites a letter was written to Melbourne University workshop department seeking for a permission to conduct a field study on chromatography and spectroscopy. While giving a full description of the activity, we indicated the number of students to be 43. We also chose 5th and 12th of August as our preferred dates. After two weeks, the varsity contacted our schools academic department through the director of studies giving a permit regarding the trip, indicating that they have set 12th august 2016 as our day. They also indicated that each student must be provided with a complete workshop attire including protective boots for safety purposes and lab coat. Safety boots are vital as they enhanc e safety in a workshop by minimizing injuries that may occur (HEWITT2014). In addition, the department indicated that entry fee for each students is 2 dollars. Indeed this was a good news that spearheaded excursion planning. We went further to seek permission to parents who were also at ease and issued a go ahead permit. Budgeting Budgeting for the excursion considered two medium buses to be used for transportation purposes. Here, the schools financial department was issued with a letter stating a financial request of 1502 dollars that would be used to repair and fuel the buses. A second letter was issued to the department stating fund allocation of 10520 dollars for purchasing of meals, first aid equipment, pens, notebooks, protective boots and lab court for the forty three students. Portion of the money was also aimed at catering for entry charges. Fortunately, the response from the finance department was not only positive but also timely. With the permission from the principle, student number inspection began; strictly forty three students were cleared to proceed for the excursion. At around 24th August, closely two and a half weeks to the trip, all preparation were done. The 43 children were then instructed to read widely on the concept on chromatography and spectroscopy. Each one of them was then issued w ith a list of what they were required to do during the excursion. In the requirement list, they were expected to exercise high level of discipline, pay attention and ask as many questions as possible regarding chromatography and spectroscopy. To ensure maximum security outside the school compound, we also pledged with the security department which in turn offered two security men to take care of insecurity issues that may arise. Literature Review The Educational screen (1992) states that excursion is a field trip in which learners are taken somewhere outside a school set-up to conduct a study on a given concept. During this process learning is majorly based on observation and experienced, which are then synthesized and absorbed as knowledge or skills. Therefore, science excursion is academic learning activity where learners are moved to a place to study a scientific concept. In these case, 43 students from a Victorian Secondary school are set to be transported to University of Melbourne Main Campus to take a real life study on chromatography and spectroscopy. University of Melbourne is an Australian pubic university established in 1853 to help the society in nurturing engagement, learning, teaching and research (UNIVERSITY OF CALIFORNIA SYSTEM 1900). Melbournes main campus is located in Parkville found in north on the Melbourne central business district. Its website is https://chemistry.unimelb.edu.au/engage/chemistry-outreac h-program. The excursion was set to take place on 14th Sep 2016 in which about 43 students were transported by bus to the varsity alongside several teachers. The students had an opportunity of having a direct look on how compounds are identified, quantified and separated, and also how matter interacts with electromagnetic regions (SCOTT 1986). In mutual satisfaction, students were hopeful in having more visits of the same caliber to expose them further. On reaching the university compound, the team was given a wall reception which was then followed by several tours around the institution, moving from one workshop to the next. According to OHIO STATE UNIVERSITY, AMERICAN ASSOCIATION FOR HIGHER EDUCATION (1930), academic trips including science excursions have several advantages and constraints to learners as far as education is concerned hence, core reasons as to why the topic creates room for an excursion before the introduction to the next area of study. Benefits and Constraints To begin with, it provides an exciting way of learning hence much enjoyable; a condition in which enables learners to concentrate highly and acquire maximum experience. Secondly, excursions promotes relationships between teachers and children and among the learners (Greene et al. 2014). Field trips also take children outside the normal routine, giving them an extra opportunity for more meaningful education experiences (CARROLL 2007). It brings more references that the students can rely on to abduct more ideas on the same field of study (STORKSDIECK 2011). In addition, it enables the students to realize the relevance and the appropriateness of that they are thought in classroom (Greene 2014). Specifically, the intended excursion will also help the learners to break boredom of normal classroom set up; motivating them further. Other significance is that science excursions provide students with additional opportunities for hands-on learning (HUDSPETH HUDSPETH 1949). For instance, apart from just reading on chromatography and spectroscopy, a student who visits a factory dealing with various process of separating compound. Excursions also creates a sense of expert insight where students are taught by more teachers who also have more and interesting skills than their normal teacher. It is also clear that academic field trips creates exposure that helps in all aspects of life. Learning is not all about getting academic experience that can enable one to cope with challenges of life (CAMPEAU 2016). Knowing how to relate better with others is equally important. At the same time, getting familiarized with various parts of the world helps in knowing places that best fits various vacuities. Besides, it created social awareness which enables students to learn in all aspects of life (FRANCIS 2014). Therefore, excursions enables learners to have a live approach experience. Use of the Excursion Site Upon reaching the excursion site, Melbourne University, grouping of learners into tens was found appropriate to enhance their control and bringing order hence, making learning more systematic. While maintaining the calmness of the site, the fast group is intended to move to the first workshop while the remaining three groups remain outside. They are also expected to raise as many questions as possible, which will be responded to by teachers and respective officials within the workshops. When the fast group is complete with the fast station, it moves to the next as the second lot moves in gently. This trend is observed until all groups go through the same process after which they will be assemble for a general discussion where all that had been learnt will be summed up. Thereafter, a thank you not will be given to the varsity by one student followed by a word of pray before departing. Generally, the excursion aimed at exposing the learners to a real life situation where they can relate what they have learnt in class into practice. Being that all the workshops we visited dealt with energy transformation, the excursion exercise fits within the curriculum as it showed how heat and energy relate. For example, the first site visited involved production of hydro-electrical power, which starts by heating fire hood to produce heat energy (Philpott et al.2016). Post Excursion Activities To facilitate student learning and increase the value of field trip experience, room is also created for follow-up activities. According to Bekker et al. (2016), excursion should be allocated with time specifically for post trip activities, allowing the student to share experience and general observations during the process. Classroom billeting board is also created to display all nature of materials that were collected of developed in the trip (Pitts et al. 2014). Development of a classroom museum to enable student display their various artwork regarding the excursion is equally important. Before creating a short field trip report, various areas of the curriculum is linked to various areas within the curriculum. Finally, the register attendance is taken to ensure that all learners who go to the trip are present. Their conditions are also noted for appropriate measures. Challenges Being a learning exercise in a completely new environment, both the advantages and disadvantages are expected. These challenges may range from budget where restraints are experienced, to controlling the students on the site (DAVIM et al. 2016). Other challenges include shortage of chaperons and controlling the anxiety of the learners. Enforcing rules and structure, and time shortage are also some of the common challenge being that this condition is not only new to children but also teacher hence the regular terms main fail to apply. However, as a teacher with child care experience some of these challenges can be controlled. One of the key solution to the problem of anxiety and children control is subdivision of the learners into smaller groups that can easily be handled. Budgeting is also done within the schools financial capability to ensure that all the necessary requirements are obtained in advance. Furthermore, drafting a clear program can help in minimizing the time shortage cha llenge. Conclusion This project has given a detailed planning for an excursion for students aged 12 from a Victorian Secondary school. The execution planning process started by seeking permission from various parties; the University of Melbourne, the school principle and parents. With the three permissions, planning went further by assembling materials such as notebooks, safety boots and lab coat for each student. Two buses were also booked for the trip whose main rational was to benefit student greatly by creating a worldly experience on chromatography and spectroscopy which entails separation and interactions between compounds (ARDREY 2003). References (1922).The Educational screen. Chicago, Ill, Educational Screen. ARDREY, R. E. (2003).Liquid chromatography-mass spectrometry: an introduction. Chichester, West Sussex, England, J. Wiley. Bekker, A, KrapeÃ…Â ¾, B, Mller, S, Karhu, J 2016, 'A short-term, post-Lomagundi positive C isotope excursion at c. 2.03 Ga recorded by the Wooly Dolomite, Western Australia', Journal Of The Geological Society, 173, 4, pp. 689-700, Academic Search Premier, EBSCOhost, viewed 13 September 2016. BUNTING, C. J. (2006).Interdisciplinary teaching through outdoor education. Champaign, Human Kinetics. CARLTON, R. R., ADLER, A. M. (2013). Principles of radiographic imaging: an art and a science. Clifton Park, NY, Delmar/Cengage Learning. CAMPEAU, F. (2016). Limited radiography. [Place of publication not identified], Delmar. DAVIM, J. P., LEAL FILHO, W. (2016).Challenges in higher education for sustainability. https://search.ebscohost.com/login.aspx?direct=truescope=sitedb=nlebkdb=nlabkAN=1089177. FRANCIS, IRVIN LLOYD. (2014).Facing the Challenges of Life. Authorhouse Greene J.P., Kisida, B., Bowen D. H. 2014. The educational value of field trips. EducationalNext. Vol. 14 no. 1. HUDSPETH, J. C., HUDSPETH, F. H. (1949).Handbook for teachers of elementary science. Austin, Tex, Steck. LEE, D. (2010). Stanley Melbourne Bruce: Australian internationalist. London, Continuum. OHIO STATE UNIVERSITY, AMERICAN ASSOCIATION FOR HIGHER EDUCATION. (1930).The Journal of higher education. [Columbus], Ohio State University Press. Philpot, A, Ferris, M, Wets, R 2016, 'Equilibrium, uncertainty and risk in hydro-thermal electricity systems', Mathematical Programming, 157, 2, pp. 483-513, Business Source Premier, EBSCOhost, viewed 13 September 2016. Pitts, M, Venville, G, Blair, D, Zadnik, M 2014, 'An Exploratory Study to Investigate the Impact of an Enrichment Program on Aspects of Einsteinian Physics on Year 6 Students', Research In Science Education, 44, 3, pp. 363-388, ERIC, EBSCOhost, viewed 13 September 2016 SCOTT, R. P. W. (1986).Liquid chromatography detectors. Amsterdam, Elsevier. https://site.ebrary.com/id/10259278. STORKSDIECK, M. (2011).Field Trips in Environmental Education. BWV Berliner Wissenschafts-Verlag. https://public.eblib.com/choice/publicfullrecord.aspx?p=735221. UNIVERSITY OF CALIFORNIA (SYSTEM). (1900).ANR report. Oakland, CA, The Division.

Capras values instilled in his movies Its a Wonderful Life and Pocketful of Miracles Essay Example

Capras values instilled in his movies: Its a Wonderful Life and Pocketful of Miracles Essay Capra himself has many deeply instilled values and all of his films portray that being a great example for auteur theory. Though some of his films show these morales more forth right than others, all of them contain a bit of Capra somewhere, or in one of the characters. In Capras films Its a Wonderful Life and Pocketful of Miracles there are many similarities and differences between Capras characters, and thematic elements. Though Capra is known for having very wholesome, American, do-gooders as his main men, this film goes slightly off course and has a good hearted, superstitious angster. Compared to the all american, small business owning, dream filled George Bailey, Dave the Dude the gangster is unconventional at best. Both characters choose to do the right thing and have the same good heart that makes the film a Capra classic. In Pocketful of Miracles though, Dave the Dude does need a bit more persuading from his leading lady than George Bailey did. Bailey ultimately made all of his own decisions and was fully supported by his wife, whereas Dave needed some help realizing that he should help the women who gives him good luck everyday rom his fianc? ©e Queenie. We will write a custom essay sample on Capras values instilled in his movies: Its a Wonderful Life and Pocketful of Miracles specifically for you for only $16.38 $13.9/page Order now We will write a custom essay sample on Capras values instilled in his movies: Its a Wonderful Life and Pocketful of Miracles specifically for you FOR ONLY $16.38 $13.9/page Hire Writer We will write a custom essay sample on Capras values instilled in his movies: Its a Wonderful Life and Pocketful of Miracles specifically for you FOR ONLY $16.38 $13.9/page Hire Writer With George and Mary, both had good intentions for their community and their friends the whole time, whereas Dave and Queenie (or David and Elizabeth) have some other intentions that are superstitious or may hurry along their awaited wedding, and try to pass the buck off on each other. Another theme in characters in Capras films is the very prominent and strong female counterpart of the male character. Capras films generally have a male leading character, but those men have women (usually fianc? ©es, wives, or girlfriends) ho are their to support them, balance them, and lead them in the right direction. When George Bailey loses hope in his life, his ever-loving wife Mary fgures it out and gets him back on track. Similarly when Dave the Dude starts to go awry from helping Annie, Queenie plays to what is important to Dave and explains the importance Annies apples, which in turn makes him aid Annie in the charade of her daughter. The difference between these women is that Mary plays her role as supporting actress well by always being at Georges side, having the same friends and elationships as George, and always being their for the community. Dave and Queenie go back and forth from supporting each other, to fghting, to trying to aid Annie to not, to being not so nice to the reporters or other panhandlers. Both leading ladies play large roles, but Mary Just may be slightly more supportive and positive overall in general, but also towards her man. Another very Capra aspect is the values and themes in all of his films. Capra is all about community, thriving in America and in American dreams, and generally having happy ending. Both of these films portray these Capra like elements, Just it may be a little more clouded in Pocketful of Miracles. In its a Wonderful Life, Bailey and Mary always were involved in the community since they were young, and throughout the montage they show before they had citizens. They helped out their community by using their own money to help keep the community afloat, and they had many friends supporting them when they moved into their new home and when they really needed their help at the end of the film. George and Mary had many dreams, and even though their were tough times, all of them had more than they needed financially, and emotionally in the end, and ultimately lived out the try American dream. In Pocketful of Miracles, the American dream is present in Annies alter ego, Queenies Maryland move, and Dave the Dudes deal with Darcey. These dreams are jaded with darkness and lies and not as pure as the Baileys dreams, but they are dreams all the same. In a strange way they are also a community. Dave the Dude helps Apple Annie even though he does not need to. The panhandlers respect Apple Annie, so by Dave helping Annie, he was ultimately helping the community as a whole. They take care of each other. And in the end, everyone gets what they want. Dave the Dude realizes he wants something more and decides that Queenie and her dream will be more fulfilling than a deal with Darcey, and Annies daughter goes back to Spain to have her wedding and keep living the life Annie wants for her. Though this version is more clouded, the same morales show through overall. One thing that is not a theme or character difference but is present nonetheless, s the lack of the magic that Capras films usually have. Pocketful of Miracles was released in the last year Capra made a full length film. Many critics did not like it, similarly to Its a Wonderful Life. People thought Pocketful of Miracles it was lengthy, outdated, and repetitive, which was worse than people thinking that Its a Wonderful Life was Just outdated and cheesy. There is a lack of luster and dream in this 1961 film that is present. maybe it is the colors and how it is filmed in a darker, dreary setting, or maybe it is that Capra himself was feeling down about the last ouple decades of his career and it showed in his film that his values were still present Just not as strong. Whatever the case is, the lighting, the characters, the plot, the setting, all of these things seemed darker and not as magical as other films. This film was grounded and more real. In the end, Annies daughters life stays the same, but Annies does too unfortunately, Queenie gets her dream of moving to Maryland, which she only has because her dad was a wanted gangster, Dave the Duke follows Elizabeth because he finally decided she was more important than running a mob ity, but he still didnt succeed in his dream empire. So overall each of the main characters ends up slightly better off, but they are still stuck in situations that are not ideal, and there are still lies and deceit present. Overall, the morales in this film are much more skewed than the whole hearted, warming Its a Wonderful Life crew. Though Capras films all have elements and small stamps of Capra present, there are definitely differences between all of his films throughout the years. In the two films that were mentioned above, there are very apparent similarities between haracter archetypes and thematic developments, but there are also man differences between values, morales, and technical aspects of filming. The overall time period and scene setting have a lot to do with these changes, as well as the introduction to color films, and straying away from using high key lighting to keeping the films darker. Frank Capras films all have community, the American Dream, and success as a community and many different vessels and ways to achieve those dreams, whether they be bright, happy and wholesome, or hard-earned, slightly shady, and impure.

integration essays

integration essays The dictionary defines integration as a way to make schools, parks, and other facilities available to people of all races on an equal basis. Before 1960, both black and white americans alone have basically lived seperately, in society itself, but kind of in their own way. Now of course in todays society integrating blacks and whites, isnt as quite as a problem that it used to be during the 1960s and 1970s. Now during the time periods 1960 and 1970, integration was introduced into the white schools. The reason this was able to happen, is because before 1960 all of the black schools were unequal in comparison to the white schools having better facilities and more useful supplies to be taught with. Thus resulting in discrimination against the blacks ability to be educated at the same rate as the white schools. As a result of this, the majority of the white society came together and rebeled against the governments decision to integrate schools. Such problems that occered during this whole dispute was rioting, both outside the schools and inside as well. Which then resulted in the black society to stand up for themselves and become more involved in whats going on. Because of this whole disagreement between the two races, the black students that attend the integrated schools, well they were caught in between everything that happened and everywhere. In conclusion, I feel that because of society changing so quickly back then, equality itself had a chance to turn out very much successful. Now on the other hand I felt that even though the timing was just perfect for this to happen, integration wasnt. I feel that it didnt have enough time to evolve into society. Such reason that because of its eagar ability to become one with society, it could as very well leave another loop hole to which more problems could occur. Such that in the early 1800s, around 160 years since ...

Florida Immigration Research Paper Example | Topics and Well Written Essays - 2000 words

Florida Immigration - Research Paper Example It is noticed that more than 8% of the workforce in Florida was constituted by the illegal immigrants in 2008. Natural calamities in Haiti too added much to the immigration burden of the state of Florida. The proposed Florida immigration bill attempts to curb illegal immigration by approaching it as a serious law and order problem than a socio-economic issue. The Fear Politics and the Fallibility of Cost-Benefit Analysis It is through a fear politics created by the right wing, illegal immigration issue comes to the forefront of policy making. There has never been more immigration to a country than it could afford. If more people come to Florida, even illegally, it means that there exist conditions for illegal immigrants to be here. It was independently testified by the business community in Florida, especially the sector of Agrarian businesses. And, importantly, the huge majority of the immigrants become successful in finding jobs and adapting the American way of life. In this contex t, it is quite astonishing to see even a theorist such as Huntington would argue that ‘in this new era, the single most immediate and most serious challenge to America's traditional identity comes from the immense and continuing immigration from Latin America, especially from Mexico, and the fertility rates of these immigrants compared to black and white American natives’ (Huntington, 2004, p.3). Therefore, at the heart of immigration debate, lies the hidden racism and xenophobia that our culture would be colonized from within by the alien culture of the illegal immigrant. This xenophobia, the fear politics generated from it is central in the discourse on immigration than supposed socio-economic issues and security matters. ‘Massive Hispanic immigration affects the United States in two significant ways: Important portions of the country become predominantly Hispanic in language and culture, and the nation as a whole becomes bilingual and bicultural’ thus wa rns Huntington (2004, p.7). This is nothing but eloquent and sophisticated articulation of fear of diversity and the negation of core values that constitute America. It is in this wider context, Arizona Immigration Bill and the replicated model of the Florida immigration bill came to existence. The Florida immigration bill has been hotly debated by both the civil society and policy makers in recent times. It is important to note that the current Florida Immigration Bill is stemmed from the more controversial Arizona Immigration Bill. Immigration, in the wider context, is an endemic problem in much of the western countries which are highly developed and industrialized. The United States of America has been at the receiving end of immigration issues from the end of Second World War itself. The rise of both legal and illegal immigration has sometimes developed into a national issue, especially the case of illegal immigration has much to do with other problems such as internal security and welfare distribution. Even the widespread recession in the United States has not resulted in any substantial decrease in the illegal immigration to the country. Arizona Immigration Bill was meant for countering the illegal immigration mainly through the Mexico border. Although the Florida peninsula is surrounded by water, it still experiences illegal immigrati

Literature Review Essay Example | Topics and Well Written Essays - 500 words

Literature Review - Essay Example It was possibly the only study which was conducted to trace the transportation, occurrence in the environment and the ultimate end result of these chemicals, especially harmonically active chemicals that significantly stimulate physiological response in human-beings. The study had selected 95 organic wastewater contaminants or OWC from the US streams that were observed to be the most damaging to the environment and to the health and survival of human-beings. The study had some startling results that showed the serious lapses on the part of the industries and pharmaceutical companies who were not effectively treating their effluents for the dangerous chemicals that were allowed to be passed onto the streams whose water was being used by the population at large. Indeed, the presence of many of these potentially fatal and active chemicals in the water pose serious threat to the health of the masses and needs to be addressed at the earliest. The scientists’ concern is genuine and reiterates that the conservation and preservation of natural resources are important part of population dynamics as its sustenance depends on the available resources. The population growth has brought into focus the issue of sustainable development that promotes maintenance of ecosystem that facilitates a continuous supply of natural resources like safe drinking water, clean air, energy and food with proper waste disposal system. The wide ramification of science and technology are both good and dangerous and therefore, they must be tempered with conscious efforts towards environment conservation and preservation. Kolpin, Dana W.; Furlong, Edward T.; Meyer Michael T.; Thurman, E. Michael; Zaugg, Steven D.; Barber, Larry B.; Buxton, Herbert T. (2002).Pharmaceuticals, Hormones, and Other Organic Wastewater Contaminants in U.S. Streams, 1999-2000: A National Reconnaissance. Journal of Environment Science and

Contract Law Case Study

Contract Law Case Study PART I LINUS WISHES TO SUE CHARLIE On what contractual grounds could he sue? Linus could sue Charlie on the grounds of the mailbox rule/postal rule, since a contract was created on June 15, 2009 when Linus wrote back to Charlie accepting the offer, not when it was received. Once the mode of communication is the mail, an acceptance becomes valid when it is dispatched or placed in the control of the US Postal service, not when it is received by the offeror. Will Linus prevail? Yes, Linus will prevail even though the agreement was not communicated to the offeror, it does not prevent the contract from being created. What if any defenses, contractual arguments or counterclaims would Charlie have? Charlies defense for a counterclaim should include the fact that while Linus accepted the offer in a timely fashion, the acceptance did not correspond with the offer, when Linus requested to change the original offer that changed the terms of the agreement and an offer in one set of terms can hardly be accepted by a communication in different terms. Will Charlie prevail? Yes, and to reiterate that an acceptance of a contract means that nothing should be added to the offer, even if it is consistent or similar to the offer. The offeree must accept unequivocally without changing the original offer. CHARLIE WISHES TO SUE THE VET On what contractual grounds could he sue? Charlie could sue on the grounds that while there was an exculpatory clause on the receipt releasing Vet Emporium from liability in connection with the treatment of Snoopy and Woodstock, that did not waive the veterinarians standard of care owed to the patients. This unconscionable clause is voidable for reasons of public policy, because a party may not exempt themselves from liability from a duty imposed on them by a statute for their negligence in the performance of a duty imposed upon them by law. Charlie could recover for intentional infliction of emotional distress for harm to Woodstock. Will he prevail? Yes, the veterinarians conduct was unprofessional, when he endangered the health and welfare of Woodstock due to unreasonable safety. What if any defenses, contractual arguments or counterclaims would the Vet have? The veterinarian may assert that the exculpatory agreement which was part of the receipt waived Charlies right to sue for injuries on the grounds that the extended boarding services provided was not a primary function of the veterinarians practice and when Charlie used these services, he did so voluntarily. Will he prevail? Probably not, while waivers are customarily part of a boarding agreement, they are unenforceable in many jurisdictions. SALLY WISHES TO SUE THE VET On what contractual grounds could she sue? She could sue on the grounds of breach of a unilateral contract. Once an offer has been made such as when Vet Emporium posted the advertisement all over the area of a reward for the return of Woodstock, acceptance of that contract was satisfied when Woodstock was found by Sally. Once Sally performed the condition, the offeror was contractually obliged to pay her. Will she prevail? Possibly, there might be an issue with the way in which she returned Woodstock. She probably should have taken him to Vet Emporium to collect the reward. What if any defenses or contractual arguments would the Vet have? Vet Emporium could argue that Sally was not obligated to the reward since she did not return Woodstock to their office. Will they prevail? Yes, this was condition precedent contract that stipulated that Woodstock had to be returned to Vet Emporium in order to collect the $50.00 reward. THE VET WISHES TO SUE CHARLIE On what contractual grounds could he sue? He could sue for failure of payment for services rendered to Snoopy. Will he prevail? Yes, payment is still due for caring of Snoopy. What if any defenses or contractual arguments would Charlie have? In defense, Charlie could state that because of the veterinarians negligence Snoopy suffered emotional loneliness when Woodstock flew away, he should be awarded damages. Will he prevail? Yes. Compensatory damages can be awarded for the breach of contract. SALLY WISHES TO SUE CHARLIE On what contractual grounds could she sue? Sally could sue Charlie for refusing to pay as agreed, for caring for Woodstock. Will she prevail? Yes, Charlie expressed orally that he would reimburse Sally $100.00 for finding and caring of Woodstock. What if any defenses or contractual arguments would Charlie have? None, Sally expected payment for service and Charlie should have known that payment was expected. Will he prevail? No, Charlie could have picked up Woodstock without offering to reimburse Sally. He committed himself to the payment. LUCY WISHES TO SUE LINUS On what contractual grounds could she sue? Lucy can sue Linus for compensatory damages for the loss of bargain of the work that he was to perform. Will she prevail? Yes, she can sue Linus for breach to recover the additional $325.00 in compensatory damages and for other fees incurred to obtain performance from another source. What if any defenses or contractual arguments would Linus have? Linus could argue that the breach was unintentional and was based upon the reliance of a contract with another party. Will he prevail? No. Regardless of the circumstances, he still breached his contract with Lucy. PART II SCHROEDER V LUCY On what contractual grounds could he sue? Schroeder could sue on the grounds that he was not advised to obtain his own independent counsel to have the document reviewed before signing the prenuptial agreement. He could sue that the agreement was unconscionable when it was executed and, he was not provided a fair and reasonable disclosure of the property or financial obligations of the other party and he did not have, or reasonably could not have had, an adequate knowledge of the property or financial obligations of the other party. Will he prevail? The resulted outcome can go either way, prenuptial agreements are routinely upheld and enforced by courts in virtually all states, even if only one party had an attorney (In re Marriage of Bonds 2000); however, there are circumstances in which courts have refused to enforce certain portions and provisions of such agreements(Estate of Lutz 1997). What if any defenses, contractual arguments or counterclaims would Lucy have? Lucys defense would be that while her actions were not laudatory they did not negate the voluntary nature of the execution. A unilateral promise such as to buy Schroeder a new piano if he will marry must be in writing. Such statements were not included in her prenuptial agreement. Lucy could also argue that it is Schroeders responsibility to delay the signing of an agreement that may not be understood. Will Lucy prevail? Yes, she acted appropriately and retained counsel on her behalf. LUCY V LAWYER On what contractual grounds could she sue? She could sue the attorney for negligent misconduct, malpractice and misrepresentation by concealment of not informing her of his status to practice law. The attorney violated state statues which prohibits the unauthorized practice of law and suspension for failure to pay bar fees. Will she prevail? Yes, many states have statues that suspend attorneys from practicing law for failure to pay their bar fees. Failure to pay the annual license fee will automatically suspend the delinquent lawyer from the practicing law in that state. What if any defenses, contractual arguments or counterclaims would the Lawyer have? None, he violated a state statue, and committed a fraud by practicing law knowing that his license may be suspended for not paying his bar dues. He shouldnt have any defenses available because he engaged in fraudulent misrepresentation that was detrimental to public policy. Will he prevail in his defenses or his counterclaims? No. Technically, all the work that he might have done while not in the possession of a valid license might be voided. PIGPEN V MARCIE On what contractual grounds could he sue? Pigpen could sue Marcie for fraudulent misrepresentation the facts for failing to disclose that they is an insect infestation, when she informed Pigpen that there was no insect problem in her home. Pigpen could also sue for recovery of his earnest money that he gave to Marcie. Will he prevail? Yes. Marcie failed to comply with the full performance of the contract. What if any defenses, contractual arguments or counterclaims could Marcie have? Marcie can argue substantial complete performance by getting rid of the insect infestation. Will she prevail in his defenses or her counterclaims? No. The problem with insect infestation cannot be easily corrected and intentionally failing to comply with the terms is a breach of contract. She intentionally withheld pertinent information from Pigpen about the condition of her home in regards to insects. LUCY V MARCIE On what contractual grounds could she sue? Pigpen could sue Marcie for fraudulent misrepresentation the facts for failing to disclose that they is an insect infestation, when she informed Pigpen that there was no insect problem in her home. Pigpen could also sue for recovery of his earnest money that he gave to Marcie. Will he prevail? Yes. Marcie failed to comply with the full performance of the contract. What if any defenses, contractual arguments or counterclaims could Marcie have? Marcie can argue substantial complete performance by getting rid of the insect infestation. Will she prevail in his defenses or her counterclaims? No. The problem with insect infestation cannot be easily corrected and intentionally failing to comply with the terms is a breach of contract. She intentionally withheld pertinent information from Pigpen about the condition of her home in regards to insects. LUCY V MARCIE On what contractual grounds could she sue? None, Marcie placed a condition upon which the sale would go forward if the sale of her existing home met the conditions outlined. Will she prevail? No. Since Marcie was unable to secure a buyer for her home, the offer to buy Lucys home is voided on the grounds that the condition preceded her absolute duty to buy. What if any defenses, contractual arguments or counterclaims could Marcie have? Marcie could use the defense that she placed the condition precedent in her contract that she would buy Lucys home upon the sale of her own home for $300,000 or more within 30 days. Will she prevail in her defenses or her counterclaims? Yes, if no one pays the price she has established within the period indicated, the agreement to buy Lucys home will fail because the condition precedent was not met. MOMS V SCHROEDER On what contractual grounds could they sue Schroeder? The moms can sue on the grounds of personal performance because they did not consent to the change. The moms can claim that delegation was not effective because the students complained about Peppermint Pattys ability and that materially altered their expectations. On what contractual grounds could they sue Peppermint Patty? They could sue Peppermint Patty for breach of her duty. Special trust was placed on her performance based on the personal skills of Schroeder. Will they prevail? Yes. Contractual duties cannot be delegated. The performance by Peppermint Patty varied materially from what was expected. Also, a delegation of duties does not relieve Schroeder of his obligations under the contract. What if any defenses or contractual arguments would Schroeder have? None, once Peppermint Patty failed to perform then Schroeder is liable to the moms. Will he prevail? No, the assumption of duty by Peppermint Patty varied materially from what was expected. Could he sue Peppermint Patty? Schroeder can sue Peppermint Patty for breach of contract and performance of duty. PEPPERMINT PATTY V SCHROEDER On what contractual grounds could she sue Schroeder? Peppermint Patty could sue Schroeder for payment of services rendered. Regardless of the fact, that the duties were not performed to the satisfaction of the moms, she still completed her obligation. Will she prevail? Possibly, personal satisfaction of the party must be fulfilled in order for a court to rule, unless the expression of dissatisfaction is to avoid payment. What if any defenses or contractual arguments would Schroeder have? Schroeder could argue that Peppermint Patty did not perform to the satisfaction of the moms and therefore performance was not satisfied and the condition was not fulfilled. Will he prevail? Yes, the breach was material since the performance was not at least substantial. Could he sue Peppermint Patty? Yes, he could sue Peppermint Patty for breach of contract of nonperformance of a contractual duty. PART III Once the offer was accepted by Linus from Charlie using the mailbox rule, the contract was valid and became effective upon acceptance. Linus is entitled to the $500 originally offered by Charlie. Vet Emporiums is already bound by contract to perform a certain duty and should not be compensated for their negligence of duty, but should remedy Charlie for the loss and harm they caused Woodstock. It would not be prudent for Vet Emporium to compensate Sally for the return of Woodstock because the advertisement posted contained conditional precedent for the return to their office. Sally is entitled to the payment of $100 from Charlie since he orally expressed his intentions to reimburse Sally for finding and caring of Woodstock. Lucy should recover an additional $325.00 in compensatory damages and for other fees incurred to obtain performance from another source. Schroeder signed the prenuptial agreement voluntarily and the promises made by Lucy were not stipulated in the agreement so ther e are no grounds for compensation. Lucy should pay the attorney because of his negligence, malpractice and misrepresentation to practice law. Lucys attorney should be suspended for failure to pay his bar dues and the courts in the state where he practices should review all his cases. Pigpen should received compensation of his earnest money funds from Marcie and the contract should be voided for breach by Marcie. Lucys contract with Marcie is void because of the conditional precedent that Marcie placed upon the offer. Without the sale of her home, there is no valid contract with Lucy. The moms had a right from Schroeder to perform his contractual duty and should be compensated nominally for damages suffered. Peppermint Patty performed her obligations under this contract and Schroeder should pay for those services rendered, regardless of the satisfaction of the customers. That satisfaction is the responsibility of Schroder since he was the obligor. References: Clarkson, Miller, Jentz, and Frank B Cross (2009). Business Law, Text and Cases, 11th Ed., South-Western Lexis-Nexis Legal Research