Step 1 In this case, for the boat orders between Andrew Woods and Bayside boats, some relevant law jurdistiction may apply to the case. One of them is the formation of contract incuding an offer and acceptance. Secondly, some other issue seems exist on the case above between Bayside and Ray’s boat supplies. It has a connection with the negotiation of the contract. Thirdly, tenders is also one of the important issue between Bayside and Prime Protective Coating that is going to be assessed on the step two. Step 2 On this case of the building of a boat for Andrew Woods, some implications of the relevant law is needed to solve the situation that arise from it. When an individual tries to get into a contract, some potential legal elements is available to assess whether the contract is legally binding or not. Every unethical conduct that has happened by a party has a different cosequenses depend on the relevant law itself. One of the key issue is …show more content…
During the tenders callouts by Bayside boat, they only stated that ‘supply of the paint and marine coatings for the yacht’. It defines that bayside boat only needs the paint and the marine coatings to be supplied into the yacht project. In addition, the tenders criteria stated that tenders would be assessed by the cheapest and the best quality. Those statements above are the terms implied on the tenders processed when a contract has been made. Implied terms have already made by Bayside boat that stated to supply the paint only. Its not Prime Coatings responsibility to paint the boat because its not implied and its not stated on the terms, it is supposed to be Bayside Boat responsibility to sets out the correct statement when calling out for a tender. So it seems that there is no legally binding terms for prime coatings to apply the paint and the coatings for the
First, when a creditor (ICE) extends credit to a debtor (Top Quality) and takes a security interest in some property of the debtor, Top Qualities inventory in this case, it is called a secured transaction. The inventory is then considered collateral for the financing that ICE provided for Top Quality, which was made clear in the financing statement that ICE filed. Any secured transactions where personal property is used as collateral is governed by Article 9 of the Uniform Commercial Code. The UCC was revised in 2001 to better adhere to modern times, and since this case took place from 2007 to 2009, we will be applying the revised edition. There are many sections of Article 9 that should be considered when examining this case. First, the filing of a financing statement, form UCC-1 in Article 9, should be confirmed as filed with the appropriate state office. Once this has been done, confirming the attachment of Top Quality’s inventory to ICE, we can then look to confirm that the initial sale to Chrisman was paid in full to Top Quality, which it was. If this were not the case, ICE would be entitled to the remaining sale proceeds. Now we move on to the requirements of a buyer in the ordinary course of business, per Article 9 of the UCC. According the textbook, “A buyer in the ordinary course of business who purchases goods from a merchant takes the goods free of any perfected or unperfected security interest in the merchant’s inventory, even if the buyer knows of the existence of the security interest” (Cheeseman). The textbook then continues to explain that this rule is necessary because buyers would be reluctant to purchase goods if the merchant creditors could recover the goods if the merchant defaulted on the loans owed to secured creditors. These statements come from the Revised Article 9, section 320(a). This is based on the idea that the buyer purchases in good faith, meaning that they are
On the Waterfront is a classic, award-winning and controversial film. It received eight academy-awards in 1954, including best-picture and director. The director, Eliza Kazan, in collaboration with Budd Schulberg wrote the film’s screenplay. Based on actual dockside events in Hoboken, New Jersey, On the Waterfront is a story of a dock worker who tried to overthrow a corrupt union.
On December 14, 2015, the city of Dutch Harbor was founded in Alaska by Adam Nguyen and Jackson shell. Dutch Harbor was built on a semi- flat land with a bay in the center of the city, Dutch Harbor city have two mountain on the West and one mountain on the east of the land. The climate in Dutch Harbor is usually cold and some of the time is warm.
American author, Stephen Crane often wrote about different predicaments that his fellow men encounters. “The Open Boat” is a fictional account of his experience as a correspondent shipwrecked while on expedition to the Cuban revolutionaries in 1897 (http://www.poetryfoundation.org/bio/stephen-crane) where he spent over 30 hours on a life boat with three other passengers. This realistic story depicts how four men are forced onto a 10 foot dingy after their ship sinks. Crane takes a realist approach when describing the natural elements such as unsettling winds and the raging seas which represent the uncaring and unforgiving nature of life. Clearly, Crane narrates the role as the correspondent, while he provides dialog to provide an understanding on how the other passengers are feeling. “The Open Boat” demonstrates that man cannot survive the natural elements and hardships while isolated in the sea without an understanding of nature.
California and Hawaiian Sugar Company contracted Sun ship to build a vessel. The contract gave Sun Ship almost two years to complete the work. The contract contained a liquidated clause that required Sun Ship to pay 17,000 dollars per day for ever day that the ship was not delivered after the agreed date. The ship was delivered after eight and a half months after the agreed delivery date. During the period, the ship had not been delivered, California and Hawaiian Sugar Company suffered actual losses of 368,000 dollar. The defendant refused to pay the liquidated damages and the plaintiff brought an action to recover the damages.
“The Boat”, narrated by a Mid-western university professor, Alistar MacLeod, is a short story concerning a family and their different perspectives on freedom vs. tradition. The mother pushes the son to embrace more of a traditional lifestyle by taking over the fathers fishing business, while on the other hand the father pushes the son to live more autonomously in an unconstrained manner. “The Boat” focuses on the father and how his personality influences the son’s choice on how to live and how to make decisions that will ultimately affect his life. In Alistair MacLeod’s, “The Boat”, MacLeod suggest that although dreams and desires give people purpose, the nobility of accepting a life of discontentment out weighs the selfishness of following ones own true desires. In the story, the father is obligated to provide for his family as well as to continue the fishing tradition that was inherited from his own father. The mother emphasizes the boat and it’s significance when she consistently asked the father “ How did things go in the boat today” since tradition was paramount to the mother. H...
The following paper analyzes the Whitbread World Sailboat Race case scenario presented at the end of chapter 9 in the Gray and Larson text, Project Management: the Managerial Process. The project encompasses two main objectives; one, design, build and test a new vessel, and two, select and train a crew capable of winning the race. Both objectives must be completed within 45 weeks, the start of the race, and with a planned budget of $3.2 million.
Having evaluated the current state of English contract law, mainly made up of piecemeal solutions, it can be seen that despite being satisfactory and doing its job, there still remain gaps within the law of contract where unfairness is not dealt with. Moreover, due to the ad hoc nature of those piecemeal solutions, the latter have often produced inconsistent justice and have manifested cases of unfairness. Hence, “a relatively small number of respected Justices have endeavored to draw attention to the fact that the application of a general principle might be useful and even necessary in English law.”
There are cases when Shell employs other company ships to transport their cargo, and there can be cases when other companies who are making use of Shell's terminal to import/export cargo for their own needs. In the shipping operations several scheduling problems are observed. Many times ships have to wait at port before she can berth due to unavailability of space. Following would be financial implication of vessels having to wait at Anchorage before she can berth.
1954: As the dust kicked up by the nationalistic yet fearful time in American history called the Second Red Scare began to settle, one of the most influential films in American, and international, film history hits Hollywood. Directed by the infamous Elia Kazan, On the Waterfront tells the story of a young Terry Malloy, ex-prize fighter and current dock worker who is suppressed by the corrupt boss of the docker’s union. Disgusted by the union’s manipulation of its workers and horrified by its murder of his brother, Terry informs local officials of the union’s malfeasance, in what is widely recognised as a parallel to Kazan’s “naming names” of eight of his colleagues to the House Un-American Activities Committee (HUAC) in 1952. Those accused were promptly blacklisted from all things Hollywood, and Kazan was shunned as a traitor by much of the film industry. An passionate and strong-willed character, Kazan later remarked that he was unwilling to sacrifice his career "to defend a secrecy [he didn't] think right and to defend people who [had] already been named or soon would be by someone else"(Kazan). All of the king’s horses and all of the king’s men could not get Kazan to bend on one of his powerful beliefs, and he infused this stubborn morality into his films. In an interview with prominent film writer and director George Stevens Jr, Kazan solidified his personal beliefs in his films, reflecting,"I don't move unless I have some empathy with the basic theme"(Stevens). With his compassion for the issues presented in his films and his gifted ability to extract optimal performances from his often new and unseasoned actors, he brought to American film a new era of powerful, expressive acting that perfectly complemented stirring films ...
Business law is very broad concept of law which covers all the legal issues that include many commercial and domestic cases which make up most of the civil cases and there are only few criminal cases where there has been serious breach of law. With the help of reference to relevant case law, this essay will argue that Bob Wheelie suffered economic loss due to fraudulent
No Bricks and No Temples: Coping with Crisis in “The Open Boat” Stephen Crane’s story “The Open Boat” concerns four people who are trying to reach land after surviving a shipwreck off the Florida coast. During the course of the story, they face dangers that are real physical threats, but they also have to deal with trying to make sense of their situation. The characters in this story cope with their struggles in two ways: individually, they each imagine that Nature, or Fate, or God, is behind their experiences, which allows them to blame some outside force for their struggle, and together, they form a bond of friendship that helps them keep their spirits up. . In “Becoming Interpreters: The Importance of Tone in ‘The Open Boat,’” Gregory Schirmer states that “‘The Open Boat has at its center two quite different views of man: as a helpless and insignificant being adrift in a universe that is wholly indifferent to him and his ambitions, and on the other hand, as part of a brotherhood that binds man to man in the face of that indifferent universe” (222).
The transactions in Zhu Wen’s “A Boat Crossing” are stark picture of the China during the period of political as well as economic transition during 1990s and 2000s. This was the time when China was undergoing a transition in political landscape. During this time, the Maoist leadership controlled the economy. However, the grip ended with an economy, that was free and market friendly. In his book I Love Dollars (2007), he reflects his perception of the Chinese society in the period of transition in the political and economic situation in China, as well as the central manifestation of these processes in a people’s behavior. Wen started to write while working at the thermal power plant and soon left the
The relationship between law and morality has been argued over by legal theorists for centuries. The debate is constantly be readdressed with new cases raising important moral and legal questions. This essay will explain the nature of law and morality and how they are linked.
Sitting on the site of the former Florida tourist attraction, Circus World, in Haines City, Boardwalk and Baseball came to life as a result of Orlando-based textbook publishers Harcourt, Brace and Jovanovich desire to be a part of the theme park and entertainment business, in 1986. Feeling that the circus theme was losing its luster, HBJ closed the property and immediately started a complete makeover into a vintage, sports-themed entertainment park.