Saturday, September 7, 2019
Lets Be Lefties for a Day Essay Example for Free
Lets Be Lefties for a Day Essay Corporations must develop a plan to develop their employees to embrace cultural competency and value diversity. Promoting to understand cultural, ethnic and gender difference requires awareness and being sensitive to others needs in the workplace or patient population served in an organization. Employees should be culturally knowledgeable and be able to interpret the needs and disparities of a particular group or culture. Being able to interpret the health and disparities are keys elements to understand the health care practice. Health care organizations should encourage and promote individuals to engage cross culturally with other diverse backgrounds. Health care providers should be aware of selfcare remedies practices and health traditions of groups served in the clinic or hospital setting. To a be viewed as culturally competent the provider of care should possess the ability to integrate the skills, attitude and knowledge learned of other ethnic backgrounds. Applying the knowledge received is a strategic effort in respecting the cultural difference of others. Avoiding ethnocentric responses to care of the individual patient is a positive reaction of a culturally competent person. Keeping in mind that each patient is culturally unique. Cultural competence should address and accept gender difference among employees, health care team, patients, families, providers and the community. As a population we are diverse in many dimensions including diversity as being recognizable when it comes to gender, religion, race, weight, age, education, physical and mental abilities, sexual orientation, marital status, physical clothing appearance and job relevant abilities. Identifying potential similarities and differences of an organization or a community can help one to deliver competent service or promote relevant team building. In healthcare one example of a guide to assist in transforming is Transcultural Communication in Nursing (Munoz Luckman , 2005). A persons motive to categorize, encompassed with the need to dissect the person categorized, leads to stereotyping. To approach cultural knowledge from a particular viewpoint is inappropriate and can lead to stereotyping in the workplace. One can take explore their cultural value and beliefs related to the corporate environment or health care industry. Developing strategies to examine oneââ¬â¢s cultural bias is a way to show sensitivity to others culture. Also establishing a basic understanding is another way to improve cultural knowledge along with taking advantage of creditable websites and reading research studies that describe cultural differences. In order to maintain relationships as a provider or in a corporate environment is relevant to ask a client what they need, what they expect to receive, and whether they have received, what they think will help the situation or make them feel better. Corporations must develop a plan to develop the knowledge, skills and sensitivities needed to work in a culturally ââ¬âdiverse population. Culturally diversity can complicate the delivery of care seen in the community and health disparities refer to inequalities and differences in health status and outcomes. Decisions in cultural diversity is lacking when you evaluate healthcare access to care in urban and rural areas. Lack of preventive screenings and completion of health indicators are seen in the general population and other social ethnic groups of the underserved and social economic lifestyle. Cultural competency is valuable because it facilitates positive experiences and development in team building by improving effiencicy and effectiveness in a health care organization. Training workers and reinforcing the Golden Rule ââ¬Å"Do unto others as they would like done unto themâ⬠, is an important mission statement. Being able to effectively change is another component needed in an organization. New ways to creativity thinking about the world and learning about health and wellness for ourselves can positively penetrate the world around and ultimately impact diversity in organizations. American Academy of Ambulatory Nursing (AAACN 2006), pp.242-243 Tajfel, H. (1978). ââ¬Å"Social Categorization, Social Identity and Social Comparison.â⬠In H. Tajfel (Ed.), Differentiation Between Social Groups, London: Academic Press, pp. 61ââ¬â76. Bell ââ¬Å"Diversity in Organizationâ⬠(2007) pp.62
Friday, September 6, 2019
Floods and subsequent death Essay Example for Free
Floods and subsequent death Essay Hurricane Katrina formed in the United States in the year 2005, causing floods and subsequent death many people. It is estimated that more than 1800 people lost their lives due to the hurricane. This data makes it the worst in the history of the United States since the year 1928. It is considered to have been the hurricane most costly and deadly in the history of the U. S and was considered a natural disaster. Among the affected places is St. Ritaââ¬â¢s nursing home which has let to the trial of the owners Sal and Mabel Mangano. The nursing home was situated in New Orleans in St Bernard parish. It has been build 20 years before the hurricane struck. This home was situated in a depression in the ground. The approximate number of residents of the nursing home was 65 and out of these 35 of them died when the hurricane struck. This has led to the indictment of the owners the Manganos, after investigations were done on deaths at nursing homes and hospitals. Their trial was for negligent homicide where it was alleged that they willfully caused the deaths of 35 people by not evacuation them and also tying them to their beds. However I beg go differ with these allegations and they should not have been convicted for negligent homicide. Nursing Home Establishment Sal and Mabel Mangano were the owners so St. Ritaââ¬â¢s nursing home having built it 20 years before the hurricane Katrina. The area where they built the nursing home had patches of terra firma. In marshlands this is a good area and the reason why they had considered it, was because in 1965 during the hurricane Betsy this is the only area that did not flood. In this consideration it means that with the establishment of the nursing home they had considered that incase there was a hurricane, there at St. Ritas it would not flood. This shows clearly that they would not have intentionally neglected their residents to suffer and drown in the floods and the subsequent death hence they should not have been convicted. For this consideration they had in mind that, just like in 1965 the hurricane was not going to affect them and for this reason they did not evacuate but instead they went up their one story building. A Show of Kindness During the time of imminent floods the Manganos has intended to safe other people by inviting them to St. Ritaââ¬â¢s nursing home among these their staff and relatives as well as their won relatives. The reason they had done this was because they were kind enough and were ready to help other people. If they had a motive of willingly exposing their residents to flood and death they then could not have invited their resident. They had the best intention and they felt that they would not be affected by the floods and thus they did not neglect their residents or even wish for them to die. They had offered shelter to more than 25 people who had gladly accepted since they were exposed to the disaster of the hurricane. Safety Before the worst hurricane happened on 29th of august 2005, the manganos felt that everything was alright. They checked and inspected the area which showed that the ground were dry, the parking lot and the roof was also alright. However it is at this juncture that the hurricane struck. Sal mangano had herself gone outside with several other men to inspect the situation and ensure that everything was alright and that the people inside could not be in any danger whatsoever. Meaning they were concerned greatly about the safety of the people who were already inside at St. Ritaââ¬â¢s nursing home, they could have done anything to ensure that these people were safe. The Hurricane Katrina Even when the hurricane struck the managos did not neglect heir resident in cat they went inside and tried to fortify the windows and the doors in desperation of trying to protect them. All the same a strong wind and a strong flow of water hit the nursing homeââ¬â¢s walls and even penetrated inside, rising in the building. The manganoââ¬â¢s alongside their relatives some of them as well as their staff worked relentlessly during this time of the floods and also made frantic efforts to safe the people at the nursing home. This means all this time what they had intended was the good of the people at the nursing home and more than anything they used their judgment with the utmost good intentions of saving the people. Conclusion According to the law in the united sates of America the Louisiana requirement is that an evacuation plan should be in the nursing home but id does not state about being mandatory during an actual o evacuation. The law also recognizes a safe place and allows the nursing home to evacuate to such a place In this context the manganoââ¬â¢s did not willfully ignore these rules because they did everything that they could in fortifying their doors and windows in an effort to make their residents secure and to protect them from harm fro the Katrina hurricane and to protect them from drowning as well. St Ritaââ¬â¢s nursing home was for the elderly people and others with special needs. One of the reason s why then manganoââ¬â¢s did not evacuate them is because they felt that by moving the people they would have been doing more harm than good, since most of the frail ones would have suffered or even died in transit. This again comes to show that the manganoââ¬â¢s made one judgment which was in consideration of their residents to protect them more than to harm them. The manganoââ¬â¢s did not at any one time leave or abandon their residents, they were there themselves and they had also invited their relatives and other people to offer them shelter, if they were willingly exposing them to danger they would not have invited their relatives and they also so would have rescued themselves leaving their residents to die. Therefore, the manganoââ¬â¢s used their judgment and safety measures. They felt that this area where the nursing home was situated probably could not be affected by the hurricane. They should not have been convicted of negligent homicide for the above reasons. References: Carrie Khan, Nursing home owners not guilty. 5th December, 2008. http//www. npr. org/templates/story/story. php? storyId=14261612 Dawn Fratangelo, what happened at St Ritaââ¬â¢s Nursing Home? 3rd march, 2006. Http//www. msnbc. msn. com/id/11658446 Paul Rioux, St. Ritaââ¬â¢s owners say no help was offered before Katrina hit, 15th September, 2005. http//seniorjournal. com/NEWS/Eldercare/5-09-15StRitaNoHelp. htm
Thursday, September 5, 2019
Reliability and Validity in Research
Reliability and Validity in Research The debate whether qualitative methods are reliable and valid have been contested for a long time between qualitative and quantitative researchers. Quantitative researchers approach research in a positivistic way where they believe there is a single truth, behaviours can be explained by Universal laws and research should be done objectively (Research Methodology, 2016). Most of the studies also involved using statistical methods to analyse. Today, quantitative research is valued by government and policy makers more as they are more reliable, generalizable and easier to analyse (Cannella and Lincoln, 2004 cited in Tracy, 2010). However, qualitative studies study issues in depth hence it should be valued more. In this essay, the definition of reliability and validity in quantitative and qualitative research will be discussed. Then requirements of a good qualitative research will be explored and interview as a data collection method will be evaluated. Reliability in quantitative research is defined by (Joppe, 2000, cited in Golafshani, 2003) as the Extent which results are consistent over time and accurate representation of the total population under study. This means similar results should be replicable at a different time and the sample should represent characteristics of the general population. Validity is whether the research measure what it intends to and how accurate the data is (Golafshani, 2003). Being objective is also important to ensure data are not biased which affects the reliability of the data. Meeting these objectives will ensure good quality quantitative research. In contrary, qualitative research focuses on structures and process behind to have a deeper understanding of a topic through methods such as interviews and discourse analysis. McDowell (1992) called these researchers critical realists and she believes the work they do can help explain a phenomenon whereas quantitative data are only useful in identifying the pattern as correlation does not equal to cause (empirical realists). Qualitative methods also aim to show that the world is complex (Schoenberger, 1991) and messy, therefore reliability does not apply and generalised as diversity is more important (Flyvberg, 2006). The meaning of validity is different in qualitative research as it does not measure anything. Golafshani (2003) defines it as Whether a study appears to be reasonable and appropriate. This is related to the method of data collection and analysis. However, some academics believe that validity should not be applied to qualitative research as the term is defined from a sci entific background. Therefore, alternative criteria are developed as part of a guideline to improve the quality of qualitative research which will be explored in the next section. There is an ongoing tension between rigour and creativity in the qualitative paradigm. To achieve good rigour, a universal standard could be developed to ensure the quality of work is consistent. However, this is rejected by most qualitative researchers as it limits the creativity of their work and results are usually unpredictable which means it will be difficult to meet the standard. Researchers hence need to strike a balance between the two and a guideline will be the most appropriate way to do so (Bailey et al, 1999). The guideline will allow researchers own interpretation of how rigour could be met based on their own circumstances. This will improve the reputation of qualitative research in the society and accepted more widely by the quantitative researchers and government agencies. It also allows researchers from different paradigm to learn from each other and improve their own research methods (Tracy, 2010) One such guideline was proposed by Guba and Lincoln (1985) cited in Baxter and Eyles (1997) who suggested four criteria evaluating qualitative studies to achieve rigour and trustworthiness. They try to apply criteria from quantitative into qualitative research. Firstly, it should be credible so that it is accurately representing the findings and can be trusted. The reader should be able to understand the issue easily by making the whole research and writing process plausible and persuasive (Richardson, 2000 cited in Tracy, 2010). The second criteria is transferability where findings would be useful outside the study. This is similar to generalisability for quantitative research. However, there is less emphasis in qualitative research on that as each case would be different and no clear conclusion would usually be made. It can be transferable to the reader when they make their own interpretation and decide how each specific case could be useful to their own daily life (Tracy, 2010). T he third criteria is dependability developed from the idea of reliability. Although data collected from qualitative methods would not produce consistent results, the way data is transcribed, coded and analysed can be agreed between multiple researchers and participants to ensure interpretation would be consistent. The final criteria confirmability is based on objectiveness. This is The degree which findings are determined by the respondents and not by the motivations of the inquirer. (Lincoln and Guba, 1985. P.290 cited in Baxter and Eyles, 2010). This is needed to reduce the bias in qualitative data collection and results which is one of the main reason why it is less popular than quantitative research. Researcher being reflexive throughout the study is the main way to achieve this which will be explained further later in the essay. The criteria above could now be used to evaluate interview as a data collection method. There are three types of Qualitative interview which vary in the degree of freedom given to the participant when responding. Structured interview involves answering a set number of questions prepared before. A semi-structured interview provides a better interaction between the participant and the researcher, it is a guided conversation with a few predetermined question and prompts used when more information is needed, which is usually written as an interview guide (Longhurst, 2009). The guide improves the credibility (Baxter and Eyles, 1997) as it allows a better answer to be constructed by the participant. An Unstructured interview is rarely used as it is very difficult for the participant to speak for a long period of time on the same topic and could easily go off topic. Semi- structured is the most common qualitative research method as it strikes the balance between the ability for the participant to speak freely and structuring the interview (University of Leicester, Unknown) pro viding a certain degree of credibility. Conducting interview requires choosing participant carefully through sampling. Purposive sampling is usually used in which means choosing participants which fit with researchers criteria who are usually an insider to the topic of research. This means participants will be able to talk in great detail which is the aim of a qualitative interview. Other sampling methods such as snowball (interviewing friends of participants) and convenience are sometimes used due to difficulty in finding insiders. However, this will reduce the credibility of the research as they might have limited to say due to lack of knowledge in the area (Baxter and Eyles, 1997). Interviewing friends will make it harder to achieve credibility as participants might give accounts to satisfy the need of the researcher which might not reflect the real situation. The sample size is seen by quantitative researcher an important factor to produce good quality research. However, in qualitative interview, the number of intervie ws conducted is usually limited to around to 20 due to time and financial constraints (Baker and Edwards, 2012) Moreover, a large sample size is not needed as it is enough when the theoretical saturation is reached (Glaser and Strauss, 1967 cited in Bailey et al, 1999). This is where the themes identified during analysis are repeating and no new knowledge would be gained from interviewing more people. During the interview and analysing process, the language the researcher use is crucial to the outcome of the result as interviews are based on interpretation by different people (McDowell, 2010). The way a question is asked could receive a different response as same words might have different meanings to people. During transcription, the researcher might make his/her own interpretation when something is unclear and the final level of interpretation is made by the reader themselves (Schoenberger, 1991). To make the interview results transferable to the reader, the transcription and analysis should be narrative with thick description and minimal interpretation from the researcher. This should include detailed description and illustration of the situation (Tracy, 2010), for example using a direct quotation from the interview is a good way to achieve it. Methods to improve the credibility of research includes member check and language training. Member check involves sending a copy of the transcript and analysis to the participant (Long and Johnson, 2000) and ask for feedback. The researcher could also understand the language used in an industry before conducting an interview (Schoenberger, 1991). Both of these methods will reduce the chance of misinterpretation. After transcription, coding is done to identify common themes from different accounts. This is done by the researcher who chooses the themes. Due to limited space in journals, some section of the interview is therefore not analysed. As mentioned before, coding needs to be consistent for the research to be dependable through methods such as collaborative coding or the use of a coding book. Triangulation is a common method used to improve the credibility by using multiple sources and methods which give the same conclusion (Denzin, 1978 cited in Tracy, 2010). For example, using multiple quotations to support a statement made would improve the credibility of the research. Most importantly, researchers should be self-reflexive to improve credibility. They should think about their own positionalities and decide how to declare it to the reader (Longhurst, 2009). One way is to be transparent about how decisions are made during the research such as sampling and coding strategy. This could be attached as an appendix (Creswell and Miller, 2000 cited in Tracy, 2010) at the end to help a reader to decide whether they agree with researchers interpretation. Overall, interview as a data collection method can meet all the criteria proposed by Guba and Lincoln (1985) if the researcher is careful about every decision that was made and the language used to communicate with the reader. The guidelines are developed based on the idea of validity hence it can be said interview is also valid as a method but not in a positivistic way in terms of accuracy. They also suggested that When validity is present, it also represent reliability. Therefore, reliability does not have to be considered as it is irrelevant to qualitative studies. Currently, researchers are not being explicit enough in terms of their rationale and how things are done (Baxter and Eyles, 1997), the guideline will therefore help researchers to be more aware of the issue. However, the guideline should not be taken too seriously to the extent that it affects creativity which is the main objective of qualitative research, hence a balance between the two is needed. Bailey, C, White, C, and Pain R (1999) Evaluating qualitative research: dealing with the tension between science and creativity. Area. 31(2): 169-83. http://eprints.ncrm.ac.uk/2273/4/how_many_interviews.pdf Baxter, Jamie and Eyles, John (1997) Evaluating qualitative research in social geography: establishing rigour in interview analysis. Transactions . 22: 505-25. Golafshani, N. (2003). Understanding Reliability and Validity in Qualitative Research. The Qualitative Report, 8(4), 597-606. Retrieved from http://nsuworks.nova.edu/tqr/vol8/iss4/6 Long, T and Johnson, M. (2000). Rigour, reliability and validity in qualitative research Longhurst, R (2009) Interviews: In depth, semi-structured. In international Encyclopaedia of Geography McDowell, L. 1992. Valid games? A response to Erica Schoenberger. The Professional Geographer. 44(2), pp.212-15. McDowell, L. 2012. https://www.dawsonera.com/readonline/9781446206560 Research Methodology, 2016. http://research-methodology.net/research-philosophy/positivism/ Schoenberger, E. 1991. The corporate interview as a research method in economic geography. The Professional Geographer. 43(2), pp.180-9. Tracy, S.J.2010. Qualitative quality: Eight big-tent criteria for excellent qualitative research. Qualitative Inquiry. 16(10), pp.837-51. http://www.le.ac.uk/oerresources/psychology/psa/unit5/page_09.htm
Wednesday, September 4, 2019
Why Did He Do It? :: essays research papers fc
What would you do, or how would you feel, if a man of middle-eastern descent came up to you telling you that he had been a victim of a hate crime where he was attacked from behind, beaten and pelted with eggs while his assailants uttered racial epithets, but later was notified that it was all a lie, a hoax? Well, there was a person that had to deal with this dilemma. Arizona State University junior Ahmad Sadd Nasim performed this gruesome act, and now the Maricopa Attorney's Office, and the ASU disciplinary department, must decide whether or not to press charges on this act of pusillanimity. It is believed by many that Nasim should face charges in order to allow true victims of hate crimes to come forward without shame, prevent a rise in hate crimes, and also prevent further acts of this nature. In order to allow the victims of true hate crimes to identify themselves without fear of not being heard, or believed, Ahmad Saad Nasim should be prosecuted. If he is not prosecuted, the victims of future hate crimes may not choose to come forward. Furthermore, these victims would find it nothing more than a waste of their time if they tried to report the perpetrators. Senior Vikesh Desai said," the lie hurts victims of genuine hate crimes." He continues, "It's like the boy who cried wolf. Now if another person is attacked in a hate crime, more people are going to question it. People are going to be afraid to speak up because they'll think that people won't believe them." (Chiu 1). However, if Nasim is prosecuted, and convicted, this type of situation would not be a problem. Consequently, the number of hate crimes committed will decline. The chance of an increase in the number of hate crimes committed relies partially on whether or not the Maricopa County Attorney's Office decides to press charges on Nasim. The number of performed hate crimes could rise if Nasim is not prosecuted for his wrong-doings. People that are prejudiced against Middle-Eastern immigrants, especially in light of previous events (WTC & Pentagon attacks), might find this as "open season" on committing hate crimes. Figuring that if the victims went to authorities they would not be believed anyway, they would be fearless. "... people weren't taking hate crimes seriously..." said Desai (Chiu 2). Therefore, the chances of them being caught are slim to none.
Tuesday, September 3, 2019
Frankenstein essay :: English Literature
Frankenstein essay The monster is called such because of his appearance; Frankenstein could be judged a monster because of his actions. Who do you think is most monstrous and why? Support your opinion with references to Shellyââ¬â¢s book, Pullmans play and any other interpretations you have seen. To answer this question we must first define the term monster. There are many ways a person can be a monster. If someone does not look good they are defined as a monster, if someone kills people they are defined as a monster, and if their beliefs are different to ours we also call them a monster. Keeping all this in mind it is very hard to label someone or something a monster, but in this essay I will try to describe who is more monstrous- the creator Frankenstein or his creation the monster. Frankenstein could be called a monster because he is trying to play god. He created the monster from the bodies of the dead so this makes him a monster because he will be causing masses of emotional pain to the relatives of the dead. However this could also be a strong proof of his humanity because his experiments show the curious nature that is in every human; he has just taken it one step further and decided to act on his curiosity. Atheistââ¬â¢s who donââ¬â¢t believe in life after death could even call him good hearted because he is recycling! Another reason for Frankenstein being monstrous is that he decided to try and play god a second time when he wanted to create the monster a bride. However this was done at the monsters request so it could be argued that this shows the humane side of Frankenstein because it shows compassion for others. He realized the monster was lonely so decided to create him a companion. The monster could be called more monstrous than Frankenstein because of two reasons. One he looks like a monster and as he is made from the rotting flesh of dead he probably smells like one too. The second reason is because he kills innocent people; this is portrayed in all versions of the story that I have seen/read so far. Pullmans play explains the murder by saying it was a revenge act against Frankenstein who in abandoning him caused him lots of emotional pain. The monster wanted to see him hurt. Most versions of the story agree with this view but brookââ¬â¢s version explains the murder of the child as an experiment. The monster had seen flowers can float so wanted to see if humans could float as well.
Monday, September 2, 2019
The Dream Act Promotes Illegal Immigration Essay -- Argumentative, Per
Today, there are about 80,000 undocumented students who will graduate from high school in the United States. Nearly 65,000 of these students will not only be graduating, but have been living in the country for five years or more. Undocumented students face various challenges as they move along the academic pipeline. Yet, a growing number of them are graduating from U.S. high schools each year prepared to enter our nationââ¬â¢s colleges and universities. These students are most likely in favor of the Dream Act, Development Relief and Education for Alien Minors Act. This is a proposed legislation in the United States that was introduced to the Senate on August 1, 2001, and was re-introduced on March 26, 2009 (Miranda). This proposed bill will grant amnesty to illegal aliens who entered the country as children illegally but now meet the requirements and reverses current law to allow states to provide taxpayer subsidize in-state tuition to illegal aliens. Also, qualifying undocumente d youths will be eligible for a 6 year long conditional path to citizenship that requires completion of a college degree or two years of military service (Miranda). In order to qualify for The Dream Act, if it is passed, the person must meet five requirements. One requirement includes that the person who is applying must have entered the United States before the age of sixteen (Miranda). This condition should logically disqualify the chances of the applicantââ¬â¢s parents to qualify for The Dream Act, unless if they are under the age of sixteen. However, this poses an issue for if the minor does not have a guardian with citizenship already inhabiting the states this does not change the fact that it wonââ¬â¢t stop the minorââ¬â¢s parents from entering the country illega... ...ed as a law. Rather a reformation of the proposed legislation to better suit the majorityââ¬â¢s needs as well as help innocent students should be considered. Works Cited Arne, Duncan. "Why DREAM Act is right for U.S., young people." USA Today n.d.: Academic Search Complete. EBSCO. Web. 1 July 2011. Brad Knickerbocker Staff, writer, and writer Stacy Teicher Khadaroo Monitor staff. "DREAM act poised for Senate vote Saturday." Christian Science Monitor 17 Dec. 2010: N.PAG. Academic Search Complete. EBSCO. Web. 2 July 2011. Mertens, Richard. "College-educated and illegal: Immigrants pin job hopes on DREAM Act." Christian Science Monitor 15 Dec. 2010: N.PAG. Academic Search Complete. EBSCO. Web. 30 June 2011. MIRANDA, MARà A EUGENIA. "DREAM Act, Part II." Diverse: Issues in Higher Education 28.6 (2011): 8. Academic Search Complete. EBSCO. Web. 1 July 2011.
Sunday, September 1, 2019
Ls311 Unit 4
Kaplan University LS311 Lori Kieffer-Garrison Unit 4 Case Study Kayla Fulrath November 19th, 2012 In this case study, we are looking into what constitutes a contract and when a person is obligated to honor a contract. In this scenario Carrie offered to sell a set of legal encyclopedias to Antonio for $300. 00. Antonio said that he would think about her offer and let her know his decision the next day. Norvel, who had overheard the conversation between Carrie and Antonio, said to Carrie, ââ¬Å"I accept your offer,â⬠and Carrie gave Norvel the books.The next day, Antonio, who had no idea that Carrie had already sold the books to Norvel, told Carrie that he accepted her offer. We need to determine whether or not Carrie is obligated to sell her encyclopedias to Norvel and whether or not she is breaching a contract with Antonio. The answer is yes, Carrie is obligated to sell her encyclopedia set to Norvel, and no, she did not breach a contract with Antonio. For a contract to be cons idered a contract there are certain basic elements that must be present. First there must be an agreement to form a contract which consists of an offer and an acceptance of that offer.Second, there must be consideration, which consists of a valuable exchange to support the acceptance of an offer. Third, a contract must of contractual capacity, meaning the parties involved must be competent. Lastly, the contract must be legal (Miller and Jentz, 2008). Iââ¬â¢m going to assume that all parties are of sound mind and that Carrie is not illegally selling her set of encyclopedias because I donââ¬â¢t have evidence to the contrary. In the situation with Norvel, I would say a valid contract is established. Carrie has offered a set of encyclopedias for sale.Her first buyer, Antonio, does not initially accept her offer. Norvel pops up and states that he would accept her offer. So now an agreement is formed, which is part of the elements of a contract being a contract. Consideration is als o established because Norvel has paid Carrie for her encyclopedias. Here an exchange of value has taken place, solidifying the agreement. Assuming the sale is legal and Carrie and Norvell arenââ¬â¢t crazy, we have ourselves a valid contract, thus Carrie is obligated to sell her encyclopedias to him. In the situation with Antonio, it looks like the making of a contract.Carrie presents an offer to sell Antonio her encyclopedias. Antonio does not initially accept her offer; he basically says he will think about accepting her offer. So the first element of contract has partially been made. An offer is presented, but there is no acceptance. Had Antonio established consideration for the offer, like possibly offering a deposit for her to hold the encyclopedias and promise not to sell them before he has had time to think about it, then there would be a breach of contract. Antonio, plain and simple, did not accept the contract and did not offer any consideration for the offer.There is no breach of contract because no contract ever existed. Although there is no legal obligation for Carrie to sell her encyclopedias to Antonio, I would say there is a moral one. I think in this situation, it would have been morally correct for Carrie to contact Antonio and let him know she had another interested buyer and he needed to make a decision at that time, not the next day. He should have the first option to buy the books since he was offered them first, from a moral standpoint. References Miller, L. Roger. , & Jentz, A. Gaylord (2008). Fundamentals of Business Law. Cengage Learning: Ohio.
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