The Bank free essay sample

First State Bank of Sinai vs Hyland FACT: In this case both sides of the party have very good statements and facts that either hold them responsible or not hold them responsible. When it comes to the defendant Mervin Hyland, he says that during the whole time the two promissory notes were being conducted he was incapacitated through the use of liquor when he signed the note. When it comes to the plaintiff First state bank of Sinai, they stated that he signed a promissory note and sent a check for $900 to pay for interest on the note. History: This case first stated in 1981 on March 10, when Randy Hyland son of Mervin Hyland went into the bank and sat down with William Buck and executed two promissory notes. One for $6,800 and one for $3,000, both notes became dued on September 19, 1981. Randy extended the note once and was asked to have his father cosign in order for the extension to take place and his father signed. We will write a custom essay sample on The Bank or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page The new note due date was April 20, 1982 and it was still unpaid. On May 5, 1982 Randy came into the bank, and with him he brought a blank check with his fathers signature. Randy then paid $900, which was the interest owed and then requested another extension, Buck agreed but also requested Mervins signature for another extension. Then the new due date was scheduled for the July 2, 1982, on June 22, 1982 Randy filed for bankruptcy and then both notes was the responsibility of Mervin Hyland. Issue: The question that still remains is if Mervin Hyland is responsible for paying back the $9,800 to the first state bank of Sinai. Mervin believes that since he has no knowledge of anything that was going on because he was drinking heavily from the late summer to the early winter, that he should be hold responsible for anything that s going on. William Buck and the first state bank of Sinai believe that Mervin Hyland should be hold responsible for the money owed considering that he signed for the extension and the wrote a check to pay for the interest of the notes. Holding: Mervin Hyland was said to lack personal care and nonparticipation in family life and farming business as support for finding the contractual relationship between the parties void at its inception. And it was further held that the first state bank of Sinai had failed to show Mervins subsequent ratification of the contract. After that eing said the first state bank of Sinai, then appeals the Judgment for Mervin Hyland. Reasoning: What was use to come to the conclusion of the decisions for the ruling of the Mervin Hyland, was that he was not in the right state of mind to make such decisions regarding the two notes. By Mervin Hyland being drunk all the time and his son getting his to sign the promissory notes he had no real knowledge of what was going on at the time. Result: The final decision that that Mervin Hyland was responsible for the repayment did sign for the notes and that he did pay the interest for the notes.

Rational thinking essays

Rational thinking essays The Change in Rational Thinking Before 1750 The idea of rational thinking has been debated ever since the beginning of human existence. As humans we base what we think on what we know, during the 1600's if a person was black than they must have been inferior. This thinking seemed "rational" to the people of this period because they didn't know any better. The concept of rationality throughout time has always been a matter of perspective. If you are taught from birth that black people are inferior and grow-up with this idea in your head than you have no other basis for how you perceive someone with a skin color other than yourself. If we think about it, before 1650 belief was all that was needed when there was an argument about religion. People listened to what the Pope had to say because he was thought to be an extenuation of God, and whatever he preached was obviously true. Today we look at that behavior and laugh, if even half of the rationalism that was applied 350 years ago was applied today in some religions, no one would enter into them. It is good to know that through research by men like Aristotle, who determined that the earth is round, someone like Copernicus can learn that the earth is not only orbiting like the stars but it is orbiting the biggest planet the sun. But this knowledge came with a price; the Pope who was believed infallible did not approve of any of these radical nee findings, everything that these men were saying went right against the beliefs of the Catholic Church. A couple of hundred years earlier this new thinking would have had a lot harder time getting off the ground because there was no fast, economical way to spread the information. That was until the invention of the printing press, now the Pope had to deal with the problem that these ideas could be printed and distributed in a fast manner. With society now having the ability to gain access to new information, people began to q ...

The rule in Salomon v Salomon & Co [1897] AC 22 has been described as Essay - 3

The rule in Salomon v Salomon & Co [1897] AC 22 has been described as one of the corner stones of English Company Law. Discuss the rationale and impact of the decision on company law - Essay Example This decision was reached to protect the company shareholders from being sued by creditors to pay up unresolved arrears in case the company became bankrupt. Mr. Salomon Aron ran a successful business that manufactured leather boots and shoes. Once his sons came of age, they developed a particular interest in joining their father to run the business. In fact, they wanted to be partners of their father in the same business. Mr. Salomon therefore made a decision to convert his business into a limited entity. The business was bought from Mr. Salomon by the new company at 39000 pounds. This amount however far much superseded the real value of the business. In addition, Mr. Salomon included his spouse and his other five kids as enterprise subscribers. His two sons, as his own nominees became the company’s directors. With this kind of an arrangement, it essentially meant that the company was in reality Mr. Salomon’s. Out of the company’s total shares of 20,007, Salomon owned and controlled 20,001 shares. On 1st of June 1892, the company was legally and officially incorporated. Furthermore, the company dished out debentures worth 10000 pounds to Salomon. These are form of liability that has no collateral or physical resources as security. Its only security is the solvency and standing of the issuer. As part of the safety to his debentures, Salomon acknowledged 5000 pounds from Edmund Broderip. However, just after the business was integrated, the enterprise began to go down as the sale of boots astronomically deteriorated. The problems were worsened by constant strike of workers. The major market for Salomon was the government and so in a bid to sidestep the danger of its providers being crippled by the forays, the government went ahead and fragmented the contracts (J Armour, 2003). Eventually, the business was botched. He shirked on interest returns on the debentures, half of which were held by Broderip.

The purpose and history of penitentiaries Essay Example | Topics and Well Written Essays - 750 words

The purpose and history of penitentiaries - Essay Example Thereafter, the Samarian records stated that an individual was to face death penalty for murder trials. In the â€Å"Law of Eshunna†, the punishment was based on a person’s social class; that is, those of the lower class were punished differently from those in the upper class. This law covered every aspect of a person’s social life which included divorce, marriage, and loans. This essay will there discuss the purpose and history of penitentiaries in depth, giving an analysis on how some people were punished for their wrong deeds. During the ambitious age of reform that came after the American Revolution, as a new nation, America was inspired to make a profound change in its public institutions. The country was also inspired to become the world’s example in social development. All the current American institutions; educational, governmental, and medical, were revolutionized during this time by the humanistic and rational principles of Enlightenment. From all the mentioned innovations during this period, the American democracy was the most influential. Second on the list was the intellectual export in prison reform and design (Colvin, 1997). Most prisons in the U.S during the 18th century were simply in form large holding pens. In these prisons, men and women, adults and children, and murderers and petty thieves, had their issues and affairs sorted out behind locked doors. Mutilation and physical punishment were so common during this period, and prisoners being abused by overseers and guards were totally assumed. In 1788, a group of famous and powerful Philadelphians converged at the home of Benjamin Franklin. These members of The Philadelphia Society for Alleviating the Miseries of Public Prisons expressed their concern about the poor condition of American prisons. Dr. Benjamin Rush talked the goal of the Society, which was to ensure that the Commonwealth of Pennsylvania sets international standards for the prisons. He proposed a radical idea which was to

Success Factors in key accounts Essay Example | Topics and Well Written Essays - 1500 words

Success Factors in key accounts - Essay Example The main purpose of these developments was to develop products that could be used in everyday life. The research involves finding potential problems in the present applications used and resolving them by updating them or using new products. The researchers found the flexibility of a product enables it to be used by more clients. Another important factor probably the most important one is the cost. If the final product is expensive there will be only few takers for it. Therefore research has been done to use cost effective products. Qualitative research methods are more often used as it involves observation of data that helps in finding solutions to the problems. Qualitative research has been categorised into three categories named as positivist, interpretive and critical. Positivist research methods involves attempt to test theory that to understand the predictive element of the phenomena. It involves formal propositions, hypothesis testing, measuring of quantifiable variables, etc. In this type of research it is assumed that the objectives are given in reality and can be measured by their properties. Interpretive research method involves sharing of information and social constructions such as language. Interpretive method is used to understand the meaning of the given information that was assigned to the researchers. Critical research as the name implies concentrates more on the critical view of the subject. It highlights the critical viewpoint of the situation that has to be analysed. Action research and Case study research methods are as important as above-mentioned methods. The action research method describes what problems an organization is facing; what appropriate steps should be taken to resolve these kinds of situations. It is more often action-oriented method. Case study method involves studying the main object of the organization, how the situation is related to the real life context, etc. Case study can be positivist, interpretive and critical. Planning In any marketing sector key account marketing plan is considered to be very important and a thoughtful business plan cannot be overemphasizes because much hinges on it: financial support, management of the available resources like operation and finances, credit from suppliers, promotion and marketing and last but not the least company's goals and achievements. Before writing a key account marketing plan some of the important questions that has to be addressed are: 1. What service does the business provide to the clients 2. Who are the potential customer and reasons for purchasing the service or product 3. What are the steps or ways you reach the potential customer 4. From whom or where the funds come The important elements of marketing plan are to precisely define the business, identify the goals and serve as the firm's resume. Pro forma balance sheet, an income statement, planning precise strategies and cash flow analyses comprises the basic components of a marketing plan. Preparing a marketing plan helps in the allocation of resources properly, making good decisions and handling of unseen or unexpected complications that may become hurdle in the future development of the business. One of the important aspects of marketing plan is that it provides organised information about the company and importantly a good business plan helps in attaining a loan

The Ethics of Violence in Computer Games :: Technology Essays

The Ethics of Violence in Computer Games Violence in video games was never a hot topic until April 20th, 1999. After the Columbine High School shooting rocked the nation with its unbelievable random brutality, a shocked nation searched for answers. There must have been some reason for Eric Harris and Dylan Klebold’s bloody rampage. The nation needed a scapegoat for this horrible event, something to take the blame. A lot of the blame landed on the media, the music industry, and violent video games. The debate over how video games influence kids still continues. There are many opinions on how harmful or harmless video games really are. Recently, many legislators seem to have decided that video games are, in fact, very harmful to kids. Legislation is currently being created to restrict and censor violent video games. Traditionally, parents have been the ones responsible and in control of what their children were exposed to on the computer. Now legislators want to govern what kids are exposed to rather than trust this jo b to the parents. This is a departure from how other forms of media are governed. Kids are legally allowed to buy any kind of music regardless of parental advisories and to view any kind of violence on TV. It is the parents’ job to determine if their kids are allowed to listen to that music or watch that TV. It should remain the same way with video games. It is unethical to take these choices out of the parents’ hands. It is the parents’ responsibility and right to raise their children how they see fit. However, the industry also has an important role to play. The music industry puts parental advisories on music content parents may find inappropriate and parents are informed of channel content when they sign up for cable. Likewise, the game industry needs to improve upon their methods of informing parents of the content in their games. Parents should be responsible for regulating the types of games their kids are exposed to, however, the video game industry has a responsibility to accurately and honestly communicate the level of violence depicted in their games. The effects of video games on kids is a relatively new topic of research. Initial studies have resulted in inconclusive and conflicting results. Most researchers have simply decided that video games should have the same negative effect on children as TV does, since the two mediums appear to be so similar.

Dumb Jobs

Dumb Jobs Many of us will work numerous dumb jobs in our lives before we finally get settled into a permanent  position. Dumb jobs such as working as an usher like the narrator in the essay: â€Å"Stupid Jobs Are Good to Relax With†. A couple of other examples would be jobs in a fast food restaurant or a retail store. In the essay, the narrator mentions that for the past couple of years he has relied on these â€Å"stupid jobs† in order to make enough of a living to get through life, while still studying at school.I think  what the author is saying here is very true because many students in university or college  are still in the middle of studying for that future full time career, but are still  being forced to work these jobs, part time, in order to pay their tuition and other expenses that come with university life these days. Expenses such as: residence, meals, phone bills and many others. As the title says, stupid jobs are good to relax with.Throughout the essay, the author is constantly trying to communicate with the audience that in these jobs you are allowed to be lazy and that just showing up and being there for your shift is good enough. This is when I begin to disagree with him because I believe that these temporary jobs should still be taken seriously in order to not only keep the job, but to also take away as many life lessons and common job skills as possible. This will surely help you have a better future in other jobs and careers.In general, I don’t think that these jobs are completely pointless like the author is making them seem at different moments in the essay. Finally, in my opinion these â€Å"dumb† jobs play a huge role in our society. They help develop important job skills and give teens and young adults some extra money that they can then go spends and help out the economy. They also give teens something to keep them busy and to take their minds off school or family life for a bit. Therefore, overall these jobs can be very useful in many different ways and should not be overlooked as pointless.