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Law of Obligation in China and France

Law of Obligation in China and France

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Law of Obligation in China and France

Introduction

To begin with, the concept of obligation applied primarily to the duty to pay any funds that had been stipulated in the provisions of certain written instruments. The document has to be completed under the seal so as to be deemed legally binding. Nowadays, the term “obligation” sets out the legal requirements for a person to partake in a specific action due to their agreement with another person or since they are required to do so by law. The legal or moral obligation that forces a person to perform, and the likely ramifications of failing to comply, are referred to as obligations. An obligation would also be referred to as a legal responsibility to carry out the terms of a contract, a commitment, or the law. Duty is a substitute for obligation in the broadest sense of the words. To go a little more technical, obligation means the legal ties that compel parties to accomplish a task, carry out an activity, or pay a certain amount of cash in conformity with the traditions and country’s laws whereby the agreement was entered into by both parties. It is also possible to term to an obligation in terms of the document or object through which one side verifies the agreement or contract. Also, when a civil obligation is comparable to a bond in that it has a liability that incorporates a term for payment or fulfilment, obligations continue to exist. Even though the acts stated in a bill may well be needed, unlike an obligation, a bill normally does not contain restrictions or consequences, which is how it distinguishes from an obligation. A further way to characterize an obligation is an action that attaches one party to the next under the threat of a financial penalty if the deed is not completed. This paper seeks to make a comparison between the French and the Chinese law of obligation in a broader sense.

In its most technical definition, the term “obligation” pertains to a signed and sealed document. Obligation, according to Black’s Law Dictionary, is a legal or moral responsibility to accomplish or refrain from performing a particular act. According to certain legal academics, such as Fredrick Pollock, obligation is simply another synonym for duty. Historically, the legal notion of obligation stems from early Roman law, which asserts that obligations are the connection of vinculum juris, or legal inevitability, that exists between at least two people or entities.

Formation of Contracts

France

When determining whether a contract has been formed, the Principles of European Contract Law (PECL) Chapter 2, Section 2 and the Uniform Commercial Code UCC Part 2, Article 2 present a general framework of two expressions of will, an offer and an acceptance. The implementation of this method is supported for two primary reasons: first, it has been embraced by the greater part of judicial systems; and second, it makes it easier for the sides, judges, and arbitrators to analyze the development of the contract (Fauvarque-Cosson, 2017). While not always challenging to establish, it can be hard to distinguish between an offer and an acceptance, particularly when talks are lengthy and detailed. In such circumstances, nevertheless, a contract will not be prevented from being concluded, even if the precise instant of completion could not be recognized with certainty or the offer and acceptance could not be easily distinguished. Naturally, the fact that both sides are carrying out their obligations under the contract is sufficient evidence that the transaction was signed at a certain point in the past. A few of the broad requirements of the PECL regulating the creation of the contract, as well as the UCC’s long-standing recognition of this practice difficulty, are found in the PECL. PECL Articles 2:101 and 2:211 established a concept that is comparable to the one described in UCC section 2-204 and the Restatement (Second) of Contracts section 22; both are found in the United States Code. As a result, it is possible to subject each stage of the contractual formation process to the standard offer and acceptance structure, with certain modifications. The premise that a contract does not use the general routine and is, as a result, closed without distinguishing between the offer and the acceptance does not diminish the importance of the rules established in Chapter 2 of the Private International Contracts Law (PECL) (Fauvarque-Cosson, 2017). Nonetheless, it should be noted that if there exists no offer and no acceptance, determining the particular moment at which the contract is made may be exceptionally hard. In any situation, unless there is clear evidence to the contrary, the contract must only be considered concluded whenever there is adequate agreement between the two parties and also when both sides execute their obligations under the contract. Worth noting that the basic principle of contract entailed in the PECL encompasses not only the legal system constructs of bilateral and unilateral contracts, but also the civilian conceptual frameworks of contracts with reciprocal obligation and unilateral promises, which are both conclusive even if the promiser does not accept them, but which are not regarded contracts.

Article 2:201 of the PECL outlines the absolute necessities of fundamental characteristics that need to be present in order for a proposition to be deemed to be a legitimate offer (Viscasillas, 2001). Specifically, the following characteristics should always be met: 1. the parameters should be sufficiently specific; and 2. the promisee should desire for the offer to culminate in an agreement if the other party agrees it (that is, it has to indicate the intention of the offeror to be bound in case of its acceptance.) The PECL and UNIDROIT Fundamentals Article 2.2 does not contain any standards for the concreteness of an offer, in contrast to the Contracts for the International Sale of Goods (CISG), which does. It pursues the basic norm of civil law systems, that demands that contracts and, by extension, offers include what is termed as ssentiala negotii, which are terms that are required to be included in all negotiations. However, the PECL employs a strategy that has more flexibility than that of common law systems, where the parties’ will (that is, their agreement) as well as their desire to be bound by that contract are both required aspects for a contract to be formed and to be completed. If some gaps exist under the PECL, they are covered by implied terms, the rational principle of the case, customary usages, practices set forth between the parties, or by the tribunal if it is competent to determine an adequate remedy.

According to the CISG, in order for an offer to be regarded adequately precise, it has to specify the items, the amount, and the value being offered (Rowan, 2017). By not defining the key components required for the execution of the agreement, the PECL has not only taken a more rational and realistic strategy, particularly in view of the fact that the PECL pertains to civil and commercial contracts in addition to business contracts, however it has bypassed several of the issues that occurred under the CISG, particularly those relating to open price contracts.

China

In the case of China, The Contract Law of China (CLC) has implemented a number of major revisions to the regulations governing contract creation. For instance, a contract can now be formed in any way that is desired. Unlike previous contract laws, like the Foreign Economic Contract Law (FECL) and Economic Contract Law (ECL), which required that commitments be in writing, the CLC permits contracts to be formed orally or through any other means other than writing (Chen, 2001). Writings are defined as any form that can display the composition of the description in a visible manner, something like a written contractual agreement, letters, and datatelex messages. In order to prevent disagreements over the fundamental and essential provisions of a contract, the Chinese term ying in the ECL has been omitted from the CLC in order to prevent such disagreements. The CLC states that the participants must agree on the content of a contract, but it suggests particular basic phrases that might be used as a guide.

Under Article 12, contracts must entail the key conditions: 1) the appellation or title of the stakeholders and their residential area; 2) the subject area (including volume and quality); 3) the cost; 4) the timeframe, location, and technique of performance; 7) the legal responsibility for contract breach; and 8) the methodologies of resolving disputes (including arbitration).   It appears that the CLC has completely re-evaluated its position on the question of compulsory or obligatory terms. For example, unlike with the UCC, that needs a quantitative term, the CLC does not demand any necessary conditions for a contract (Yuqing & Danhan, 2000). Moreover, if a contract has a value greater than a specific threshold, there is an obligation that it be in paper under the CLC. Additional objective pursued by the CLC is modernization, which is reflected in the rules that govern the drafting of contracts. Participants now have the option of entering into a contract through the use of electronic data.  A computer network to obtain electronic data can be stipulated by the offeree; when there exists no predefined computer system, the proposal becomes effective when a user logs in with any computer network that is possessed by the offeree; otherwise, the offer will become efficacious when a user logs in to any computer network that is possessed by the offeree. Certainly, the CLC has a positive mentality toward the modernization of electronic transmissions and the advancement of technology in general. The fact that the European Court System of Appeals has yet to provide a formal validation of modern technology, despite the fact that electronic trading is extremely prevalent in Europe, is intriguing. Electronic commerce, on the other hand, is a relatively new concept in China.

Whereas many businesses continue to operate in the conventional manner, when it comes to contract creation, Chinese contract law is extremely advanced in comparison to other jurisdictions. An organized campaign to reduce the dominance of large corporations over regular customers has gained significant momentum in China over the recent past. Taking note of this viewpoint, the CLC requires the entity which supplies a typical boiler-plate contract form to clarify the provisions in line with the concept of fairness, as well as to attract the other party’s awareness to the exemption or limitation of liability in a sensible manner. ‘0’ is the number zero. Despite the fact that the CLC makes no mention of consumer rights, the fundamental objective of this rule is self-evident. Providing extra-legal instruments for avoiding monopolistic exploitation and demonstrating modernization characteristics, this clause is particularly relevant in China, where antitrust law is virtually non-existent, and displays a modernization trait (Hsu, 2007). The common terms are to be defined in accordance with the general comprehension whenever a disagreement arises over their interpretation.  In the event of a conflict between two or more possible interpretations, the interpretation that is undesirable to the side providing the general terms shall be put forward. If the standard terms are in conflict with the non-standard terms, the non-standard terms will be applied instead. Considering that state-owned corporations in China have greater power, capacity, and impact than independent businesses or persons, the author believes that this is a reasonable approach to take. As a result, it is reasonable to try to achieve a more equitable distribution of negotiating power by restricting the usage of standard contracts which are pre-formulated.

Validity of the Contract

France

According to French tradition, a court evaluating an unclear contractual clause should first ascertain the sides’ true personal intent, instead of simply construing the agreement’s actual language in an objective fashion, before proceeding. In contrast to the Anglo-American idea of reading obscure clauses in the way in which a “reasonable person” could comprehend them, this has generally been regarded as unjust. Nevertheless, if it is not possible to ascertain the parties’ common intent, under the new article 1188, the contract is to be construed in the light of the perspective that a sane individual in the very same position would give to the agreement in the first place. If there is any uncertainty about the validity of standard form arrangements (contrats d’adhésion), new article 1190 states that the agreement is to be read in favor of the entity who submitted it in the first place.

Outright nullity (in the case of contracts that infringes a law protecting the common interest), which could be demanded by anyone who can illustrate an interest and the prosecuting attorney, is distinguished from relative nullity (which could only be demanded by the individual whom law is supposed to protect) (Grundmann & Schäfer, 2017). Absolute nullity can be demanded by anyone who can illustrate an interest and the prosecuting attorney. Someone who would otherwise be allowed to claim the nullity of a contract may submit a written request to the party seeking to have the contract confirmed or to take legal action to invalidate the contract in less than six months, having failed which that individual will be barred from litigating to claim the invalidity. A contract shall be declared concluded if an act for nullity is not filed after six months of the contract being entered into. According to the new article 1186, a properly established agreement could also become expired (caduc) when one of its fundamental elements is no longer present. If the performance of many agreements is required for the completion of a single trade, and one of those contractual agreements fails to fulfil, every one of the contractual agreements whose functioning is deemed impossible by the failing to deliver the contract which failed to fulfil and all of the contractual agreements for which the contractual obligation which failed to fulfil was a defining condition of the permission of an entity are also rendered caduc; even so, this only happens if the party to a contract against whom such caducité is invoked was an entity to the money transfer in question.

China

The CLC stipulates that if an agreement is completed in compliance with the law, it will become justifiable at the establishment period, unless an approval or registering process is needed first. Similar to a lease purchase agreement, it becomes enforceable when it is registered with the appropriate government agency (Chen, 2001). Based on the most recent CLC Article 52, there exist five specified instances in which an agreement can be declared “invalid.”   ‘One being the use of deception and intimidation by a single side to hurt the government’s interests.’ In the previous times, if there was any evidence of misconduct or intimidation, a contract was automatically declared worthless. 115 The CLC imposes a restriction. Only if the Government’s interests are jeopardized is the agreement deemed invalid and null and void. 136 In contrast to France, fraud that is flagrant will result in the cancellation of an agreement.” Deception does not have a separate classification under Chinese legal standards. The second condition that can invalidate a contract is malevolent cooperation, which is when two or more parties conspire to hurt the interests of the country, a group of people, or a third party.”  This is the third form of voidable contract: one which has an illicit goal that is disguised underneath the pretence of lawful conduct “gambling contracts, property purchase contracts, and weapons sales contracts, which are all forbidden by law in China (Zhang, 2019). Fourth, there are those that hurt the general welfare, and finally there are those who break the law and regulations that are in place. When a contract is fully met by one entity against the other side’s actual intent via scam, threat of force, or exploitation of an uncomfortable situation, the harmed side will have the right to mandate that the agreement be modified or revoked by a court or adjudication organization, according to Article 54 of the Convention on Contracts for the Protection of Civil Liberties. If one side is aware that the other side is in a precarious situation, he or she may not take advantage of that vulnerability for his or her own gain. The Chinese government has made it clear that such an action is not permitted (Hsu, 2007). Nonetheless, under the CLC, judges are not supplied with any specific instructions or unified formulas to follow in order to ascertain the validity of a contract incorporating these difficulties.

Liability for Breach of Contract

France

Even if most people believe that courts do not have the authority to change the conditions of the agreement, everybody thinks that when a commitment is unfulfilled, judges should take action (Garello, 2002). The French contract law makes a clear distinction between two types of situations: Either there is a case of force majeure or there is a case of improper behavior that results in the omission of execution.   Apart from that, in the event of poor performance, it will be necessary for someone to determine if the broken commitment was a promise to provide anything (obligation de résultat, like the promise to construct a residence) or a commitment to do his or her utmost (obligation de moyen such as the commitment of a medical practitioner to do her utmost to cure her clients). Which entities are most vulnerable to the utilization of the force majeure defence and what follows if the obligor fails to meet his or her obligations? When it comes to defining what constitutes “force majeure,” the French legal system is unusually stringent. In order for the task to be considered technically unfeasible, the occurrence has to be irresistible (nobody can be requested to do whatever is inconceivable), unanticipated (probable risks may be covered against and safeguards can be undertaken), and beyond the control of either party (to avoid any moral danger challenge). This extremely restrictive method is often rationalized by the need to increase the safety of a corporation, and it is hard to reconcile with a Paretian method because the law declines to consider the expense of executing in this situation, as is the case herein. If the presence of a force majeure can be demonstrated, the offeror will be released of her need to fulfil her obligations (Grundmann & Schäfer, 2017). Due to the nullity of the agreement, the victim will be unable to seek compensation. This presents an unanswered question, nevertheless: What takes place as a result that the complainant fails to keep his or her promise? In order to answer such question, the French legal system employs a concept known as the theory of risks. Those who follow this philosophy believe that when the offeror (A) is unable to execute owing to force majeure, the offeree (B) is also not obligated to deliver. According to the French lawyer, his (B’s) obligation to execute vanishes because there is no longer a justification for it. As a result, A is responsible for the risk of force majeure. Now, because A was unable to prevent the non-performance (remember that it was unanticipated, impossible to prevent, and even beyond control), we cannot really conclude that A was the least expensive risk-bearer in this situation. The answer in this case seems to have been motivated by the logical reasoning of contractual relationships: As long as a contract is simply an offer and acceptance, one cannot reasonably expect B to accomplish if A fails to fulfil her obligation.

To return to the subject of contract liability, if the offeror is unable to explain oneself, the sanction34 is, in essence, particular performance of the agreement (Garello, 2002). Particular performance is treated on a same footing with damages in the Civil Code (arts.1142 and 1184), yet it has been pointed out as the most important punishment by the legal community. If the complainant seeks compensation, the court can substitute specific performance for those losses. If the complainant requests specific performance, the judge cannot impose fines in lieu of those damages, which is a good example of the primacy accorded in concept to specific performance. With an economic standpoint, it has been maintained by both parties (Paretian and Austrian) that particular performance does have some benefits over costs, in notably that it spares the court of a challenging task: determining whether or not to award damages. To determine the level of a damage, which would be a subjective process by its very nature. This will naturally raise the amount of certainty that the entities will have in the successful completion of the contract. Even if rigorous compliance is the law, it does not follow in each and every occasion, and in fact, typically, the judge awards damages more frequently than he or she orders performance in most cases.  Certainly, there are instances when performing is either impossible or not recommended. The utilization of physical restraint against the offeror will not be recommended—and may not even be permitted—in this situation (Grundmann & Schäfer, 2017). Considering the economic implications, this can be rationalized by the fact that compelled labor is of inferior quality. If the court does not order particular compliance, the consequence will be rescinding (resolving) the agreement and/or awarding damages. The complainant of the breach must petition the court for rescinding the decision. “However, in general, judges are reluctant to cancel a contract; instead, they opt to save the agreement by delaying the deadline or paying damages,” says the author.   If they do choose to terminate the deal, the impact will be retroactive: everything will continue as if the agreement had never been signed in the first place (Rowan, 2017). As a result, the rule of restitution damages is used in this situation. This is not a Pareto-efficient solution for a violation of the agreement. In the final and most common scenario, damages are awarded without the agreement being terminated (Le Coq, 2017). As stated in Article 1149 of the Civil Code, “damages payable to the lender cover, in essence, the loss incurred and the gains foregone…” In other terms, the amount of losses awarded ought to be equal to the price of the promise; as a result, the anticipated damages criterion is used in this case (Garello, 2002). It is commonly known that this rule is Paretian optimal in terms of efficiency. Upon closer examination of the appraisal of losses, it can be seen that the law attempts to prevent some opportunistic behaviour on the side of the plaintiff by providing her with incentives to depend on the commitment with caution. As a result, only obvious and foreseeable losses will be reimbursed by the monetary damages that are granted (art. 1150 and art. 1151 C.civ.) If a loss is unexpected, there is no reimbursement, which is in complete accordance with the safety of expectations metrics: If you breach a promise, you must be prepared for the consequences. Another point that is that noteworthy is the severity of the error will determine the number of damages awarded. This is yet another example of a regulation that is difficult to reconcile with Paretian optimal solutions, but which makes sense in terms of anticipation protection since you want to be harsher against those who purposefully mislead some genuine hopes in the first place. Furthermore, it should be remembered that if a promisor does not follow his/her word, the promisor may be subject to some form of criminal prosecution.  Lastly, with regards to the French law, and in contrast to the practice in other nations, it is the responsibility of the jufge rather than the jury’s responsibility to determine the number of damages to be awarded. From the standpoint of expectation safety, the first approach appears to be superior, as one can anticipate greater stability on the part of the judge than can be expected from a jury. That in turn may encourage the use of alternative dispute resolution methods, which would lower transaction fees.

China

Liability for contract breach is addressed in Chapter VII of the CLC. When one contracting party does not complete its responsibilities or fails to act in a way that satisfies the agreement’s requirements, that side is liable for contract breach, which may include continued performing of obligations, adopting mitigation actions, or compensation for damages (Zhang, 2019). According to Article 113, in the event that one contracting party underperforms the contractual agreements or its outcomes fails to appease the contractual terms and induces losses towards the other entity, the level of pay for losses will be equivalent to the damages caused by the contract breach, along with the interest’s payables after the execution of the contract, given that it does not surpass the likely damages resulting from the contract breach which has been predicted or foreseeable.

The aim of the legislation, like that of the U.C.C. and the CISG, is putting the offended person in the situation he ought to have been in if the breaching entity had fulfilled the agreement (Chen, 2001). The CLC also compels the offended party to make a sensible attempt to offset losses. Nevertheless, unlike with the U.C.C., the CLC lacks clear clauses that specify the exact number of monetary penalties. A more precise technique of calculating damages is not provided by the CLC. Article 112 states that if one contracting side underperforms a contract duty or its execution fails to fulfil the agreement’s requirements, the party must reimburse the other person for the damages after fulfilling its responsibilities or taking remedial steps. The CLC, once again, fails to explain the definition or extent of “other losses” in this provision, which is a major flaw. It can be deduced from Article 113 that “other losses” could entail both direct and indirect losses. The issue of uncertainties occurs because there is no precise rule for estimating losses. Due to the lack of a thorough quantification for losses and the lack of a legal notion of incidental and consequential losses, complainants in China have a difficult time recovering their entire losses in a lawsuit. Nevertheless, it appears that at the very least, direct damages can be recovered. There exist two sorts of market price solutions under the U.C.C. depending on seller and buyer breaches. “If any party failed to repay charges or compensation, the other party may ask for payment,” according to Article 109 of the CLC. Whenever the buyer breaches the agreement, the seller has the right to demand for the cost. This appears to be the same as the seller’s price action under U.C.C. 2-709. However, under the U.C.C., price action is now mainly restricted to circumstances where reselling of the products is impossible, unless the buyer has accepted the items or the goods have been damaged after potential loss has been transferred to the buyer.” These restrictions do not apply to the CLC. Because China does not offer a resale solution for violation of a sales agreement, the CLC does not stipulate that resale is a requirement for a price solution.

When it comes to the buyer’s rights in the event of a breach of quality agreements, CLC Article 111 states, “[if the quality fails to satisfy the stated objectives, culpability for the contract breach shall be borne in line with the sides’ arrangement.” If there is no consensus in the deal as to liability for contract breach, or if such an arrangement is vague, or if it cannot be ascertained in line with the requirements of Article 61, the offended person may, in light of the nature of the item and the magnitude of the damages, sensibly opt to ask the other person to carry the expenses for the contract breach, like repair work, simply replacing, or compensating. Furthermore, there is no explicit CLC guideline that explains how to reduce the price properly. As a result, the CLC’s approach to reparations for quality faults is likewise clouded. CISG Article 50, on the other hand, authorizes a decrease of the contract value in proportion to the price of the non-conforming products on the day of delivery compared to the price of the items on the very same date if they had complied to the agreement. Civil law systems have used this strategy for a long time. Another method is applied in U.C.C. 2-714(2), however the language of 2-714 has generated some confusion in establishing the costs of the goods acquired and as warranted. 210 According to the CLC, specific performance is still a viable option, but not the primary one. Particula performance used to be very essential and was seen to be the first line of defense. Currently, financial damages are the preferred option. Courts only require specific performance in rare circumstances; for example, if two state-run firms sign an agreement based on a state plan, particular performance may be necessary. In such cases, the judge will decide on particular performance rather than monetary compensation.

Contract Termination and Cancellation

France

The persons are released from their duties when the contract is terminated (Le Coq, 2017). Cancellation comes into force for the foreseeable in agreements with successive or instalment execution; the sides’ obligations stop at the time of service of the terminating processes or at the time of notification of any spontaneous termination. If the agreement has been partially fulfilled, nothing traded between the sides gives rise to restoration or reimbursement as long as they complied with the sides’ obligations hereunder.

Contract termination clauses must specifically identify the contract agreements whose non-performance will result in contract termination. Unless it has been decided that cancellation might occur simply because of non-performance, the agreement can only be terminated after the delivery of a notification to comply that has not been followed. Only a notification to fulfil that explicitly notifies the lender of the discontinuation clause qualifies for this reason. Termination goes into effect only when the debtor is really notified and when the notification is received.

China

The CLC lays out seven conditions under which an agreement’s rights and responsibilities might be cancelled (Chen, 2001). The first occurs when debt responsibilities have been met in line with the agreement’s requirements. The second situation is when an agreement has been cancelled. The third scenario is that if a debt can be offset, the obligation can be terminated. The fourth, a new update that may be useful to the obligor, establishes discontinuation when the obligor has placed the item in accordance with the law. Creditors are the fifth and sixth criteria. Whenever a creditor excludes debt or when the lender’s rights and debt responsibilities are guaranteed by the same individual, the contract is ended. The six scenarios listed above are representative but not exhaustive. The last requirement is a corrective provision that specifies that additional events specified by law or agreed upon by the sides could also result in discontinuation. The CLC, unlike with the U.C.C. or the CISG, places a premium on good faith even after an agreement has been cancelled. A party must carry out responsibilities like giving notice and assistance, as well as withholding information, as per the contract. In China, there exists two methods for terminating a contract: unilateral and bilateral termination. A party may terminate an agreement under the following situations, according to Article 94 of the CLC: 1) if the agreement’s intent cannot be f

Law Of Business Entity

Law Of Business Entity

Name

Institution

Law Of Business Entities

RESOLUTIONS OF DIRECTORS OF

BESPOKE DESIGN AND BUILD LTD

That it is in the best interest of the company to issue 2000 shares to two new shareholders, joining the company. The decision was made during a general meeting held at the end of the year, where the existing shareholders identified the need to have architects in the company. This resolution was made to allow the company to be more competitive on price hence allow growth.

Subject to company law section 42, the board of a company may issue shares at any time, to any person, and in any number, it thinks fit. Therefore, the shareholders found it fit to issue more shares to new shareholders, to make them part of the company.

The terms of the issue of shares are set out on agreement of all the shareholders. The issue occurred when the architects were not able to integrate their business with the company. The terms included:

That the new shares issued is a form of funding through debt to allow integration of architects business into the company. The funding would allow integration of the architects’ business into the company.

Since the new member could only join the company through shareholding or being employees, 1000 shares were issued to each one of them. This ownership of shares allowed joining the company as part of the shareholders and not employees.

That the company will receive cash in exchange for the shares issued to the new shareholders since it was issued as a debt funding to joining the company. The received cash will be used in funding:

The purchase of necessary architectural equipment required by the company, to allow operations of designing and construction of buildings.

The purchase of computer design programs, that will enhance sketching and development of graphics for buildings, by the architects.

That the issued shares will have an issue price of $2.50 per share, and be ranked equally with the existing shares of the company. The increase in price is a reflection of the increased value of the company after one year of operation. During the start of the company, the issue price was $1.00, which increased to $2.50 during the new issue.

Therefore, the finances from the shares will be used to support the company’s activities, including the purchase of types of equipment and instruments for work. Shareholders’ value will be created based on the number of shares one owns.

The issue of the 2000 shares will indicate an increase in the value of shareholdings of the company to 5,500 shares. The number of shareholders will also increase by two to six.

After taking account of all relevant factors, in the opinion of the directors, the consideration for, and the terms of issue of the shares, the issuing is fair and reasonable to the company and to all other existing shareholders.

The shareholders of the company have no right to subscribe for or be issued any other shares unless the directors of the company find an exception to the financial market conducts act 2013, which applies to the company in relation to the issue of shares.

The company, in accordance with the issue of shares to existing shareholders and new investors in the number and the price per share, and the terms and conditions set out below:

Shareholders Price Per Share No of shares The total consideration

Sam Sellers $ 1.00 1000 $ 1000

Sue Sellers $ 1.00 500 $ 500

Jim Jackson $ 1.00 1000 $ 1000

Jill Jackson $ 1.00 1000 $ 1000

Michael Mint $ 2.50 1000 $ 2500

Peter Parsley $ 2.50 1000 $ 2500

Signed By Directors:

Sam Sellers

Jim Jackson

Michael Mint

BESPOKE DESIGN AND BUILD LTD

DIRECTORS CERTIFICATE

The company wishes to issue shares on the basis set out below to Bespoke Design and Build Limited.

The company will issue 2000 shares in the company at a price of $2.50, and the new shares will have the same rights as other ordinary shareholders.

The undersigned director of the company certifies that:

This certificate sets out the terms of the issue of the shares issued, including the reason for the new issue, price, payment made, and the number of shares issued.

The reasonable present cash value of the consideration for the issue of the Shares is $9500. The basis for assessment of the fair current cash value is cash flow.

After taking account of all relevant factors, in the opinion of the directors, the consideration for, and the terms of issue of the Shares are fair and reasonable to the company and to all existing shareholders.

Signed by all the shareholders who supported the issue of the shares.

Sam Sellers

Jim Jackson

Michael Mint

Sue Sellers

Jil Jackson

Peter Parsley

RESOLUTION FOR APPOINTMENT OF DIRECTOR OF

BESPOKE DESIGN AND BUILD LTD

Noted that:

Any person who is not disqualified, under the Companies Act 1993, may be appointed as a director of the company by an ordinary resolution of shareholders.

The shareholders of the company wish to appoint Michael Mint, as a director of the company, from the date of signing of this resolution.

Michael Mint has consented to act as a director of the company after joining the company through shareholding.

Resolved that:

The shareholders appoint Michael Mint as director of Bespoke Design and Build company Ltd with effect from the date of this resolution. Michael will commence the position starting from the time of writing this resolution.

Company and the acceptance of the letter of offer by Bespoke Design and Build Company Limited acts as binding on company and approval to enter into transactions and decisions of directors of the company.

Signed for on behalf of shareholders:

NameSignature

Sam SellersSellersJim JacksonJacksonMichael MintMintSue SellersSue

Jil JacksonJill

Peter ParsleyParsleyReference

Companies Act 1993. Iiiglobal.org. (2010). Retrieved 4 May 2020, from https://www.iiiglobal.org/sites/default/files/CompaniesAct1993.pdf.

Intl Business Pubns USA. (2008). New Zealand Company Laws and Regulations Handbook.

LAW 205 – Instructions for Final Memo of Law

LAW 205 – Instructions for Final Memo of Law

The final paper is due on December 20, 2021 by 11:59pm. It must be submitted to the final assignment drop box in Blackboard by then. Please keep in mind that it must be your own writing and may be submitted to TurnItIn. You should not use any web sites or law firm sites that discuss relocation cases. Students who use/copy from these sites will likely receive a failing grade on the paper.

The paper should be a minimum of 8 pages and a maximum of 12 pages. It must be double-spaced, typed, in 12 point Times New Roman font, with 1 inch margins.

The paper should begin with your conclusion answering the question posed in the accompanying fact pattern and should state what a court would likely do and why. If you make assumptions, you should indicate what those assumptions are. If you believe that it cannot be determined what a court would likely do (in other words it is 50/50) you should say so and state why.

Your paper should examine Tropea and explain what the law was prior to the Tropea case, why it was changed by the Court of Appeals, and what the law is now. You also want to discuss the factors a court considers in determining such a case in addition to the cases you have found and researched. (See Paper Outline Below)

The next section of your paper should be an examination of the factors you consider relevant. It is up to you, based on your reading of the cases, where to put the emphasis. You should end the paper with a paragraph concluding or summing up what you have said and what you believe the result will be.

When analyzing the factors you deem relevant, you should have at least one Appellate Division case discussing that particularly factor. After discussing that appellate case(s), you would then compare (analogize or distinguish) the facts of our case to it showing how the Franks’ situation is similar or dissimilar to the case you are discussing, and whether the ruling in the Appellate Division case is applicable and would or would not be followed in the Frank’s case.

You should refer to and cite a minimum of 10 cases in your paper. In addition to the Tropea case which you will have already briefed, I have provided 2 other cases you can use/read if you like. You do not have to use them. They have been provided to give you a head start on the research.

In finding additional cases, you need to use Lexis and search for NY cases. You do that much like you found the answers to the statute questions. Plug in words into the search box. The words to use will become evident to you after you have read through the case. For example, when referring to children moving away, courts usually discuss it in terms of “relocating” not moving. Suppose you wanted to find cases that involve grandparents and children moving to another state, you might search for “child or children relocation and grandparents” and see what comes up. You can search for derivates of words such as relocate, relocating, relocates, etc. by putting an exclamation at the end of a word….relocat!…..just like we did for statutes.

You may quote from cases, but your paper should primarily be in your own words. You SHOULD NOT copy any sources from the internet. There are plenty of law firm web sites that discuss Tropea. Do not use them and do not quote or paraphrase them. Your paper should be your own thoughts and your own analysis.

A good rule of thumb to use when quoting or discussing cases is that if you do not fully understand what you are copying, do not copy it.

This is an effort based paper meaning I want to see your effort and that you tried to create your first memo of law. Copying from web sites and using other people’s ideas does not show effort. Your paper will, in part, be graded, on format which includes correct grammar, spelling and your attempt to include citations in proper form based on the notes that will be posted. If you are unsure about citation format you can always make an appointment with Rachael in the learning center and get citations there. The same is true if you are struggling on Lexis. But Please, try first and spend a few hours, before you reach out. It will be time consuming and difficult at first, no different than when you researched statutes. However, the more you do and try, the more you will begin to understand and the more you will learn.

Paper Outline – To Be Followed in Drafting your Memorandum of Law

To: me (make sure to address me correctly and look up the spelling of my name if you don’t know it – you can either address the memo to me as a professor or as a lawyer)

From: you (your name)

Re: Phrase the question you are answering, ie: “Will a Court allow Allison Frank to…..”

Date:

—————————————————————

I. Conclusion – The 1st paragraph of your paper is actually your conclusion. You are answering your question (the Re: above) and saying why you have reached that conclusion. There is no right or wrong answer. Regardless of how you come out after reading the cases, you should phrase your answer in a form such as “it is more likely than not that a court will….” Do not say a court will definitely let her move or definitely not let her move. We can’t predict exactly what a court will do. It is okay to say that it is not possible to decide based on the case law (in other words it’s 50/50). Students have come out all different ways on this issue. You do not lose points for reaching any particular conclusion. What you need to do is justify your conclusion it.

In addition to saying what you believe will be the likely result, you must also say why you have reached that conclusion. Think of it this way, if I stopped reading your paper after the 1st paragraph, I would know what the law is (what the standard is), what you believe it is likely a court would do, and why you believe that (what your belief is based on). If you think it is 50/50 and there is something that Allison or Donald can do to sway the court you would need to say that as well. For example, if the case law you read makes you believe there is no way to predict what a court could do because it could go either way, — unless Allison always drove the children for visitation back and forth to NY, and then she could move, you need to say that in the 1st paragraph. On the other hand if you think that if Donald could pay more in child support, a court would not let Allison move, you should say that and the reasons why.

It is important to remember that there is no right or wrong answer. There are many, many cases on this topic and they go both ways (some allow relocation, others don’t). Once you have read enough cases and formed an opinion, you need to justify it based on the law.

Your first opening paragraph is your summary of where you are going in your paper.

II. What the Law Was & What it is Now – In the next 2 to 4 paragraphs you need to explain: 1) what the law was before the Tropea case (the exceptional circumstances test & how it worked); 2) why the Court of Appeals changed it; and finally, 3) what the law is today (what standard do the courts use to decide these cases?).

It’s important for a lawyer to know why the law is what the law is in order to apply it correctly. You’ve read Tropea. You should read it at least 2 or 3 more times in writing this section.

III. Factors the Courts Look At in Determining Relocation Cases – In the next 1 or 2 paragraphs you should articulate what the courts will look to in deciding whether Allison will be able to relocate to South Jersey. In doing so, pay close attention to this paragraph from Tropea:

“Rather, we hold that, in all cases, the courts should be free to consider and give appropriate weight to all of the factors that may be relevant to the determination. These factors include, but are certainly not limited to each parent’s reasons for seeking or opposing the move, the quality of the relationships between the child and the custodial and noncustodial parents, the impact of the move on the quantity and quality of the child’s future contact with the noncustodial parent, the degree to which the custodial parent’s and child’s life may be enhanced economically, emotionally and educationally by the move, and the feasibility of preserving the relationship between the noncustodial parent and child through suitable visitation arrangements. In the end, it is for the court to determine, based on all of the proof, whether it has been established by a preponderance of the evidence that a proposed relocation would serve the child’s best interests.”

You can include other factors such as child care and/or the relationship the children may or may not have with their maternal grandparents, parental grandparents or extended family. Since the fact pattern does not give you any of that information, you will probably need to take an “If _that_, then __this____” type of approach. The only factor from Tropea you should stay away from is education. I DO NOT expect you to research differences between the educational system in New Jersey and Long Island. That is why the facts say South Jersey without giving a town.

You are not required to discuss all the factors Tropea relies on or others you come across when reading additional cases. You pick and choose what you believe will be the most important considerations to a court’s determination. It may be all of the above, or just a few of the above. Again, no right or wrong answers here.

Until you have found and read through many cases on this topic including the ones I have provided (see below), this section will seem difficult. If you do the research and the reading, this section will not be that hard. You cannot begin to write until you have prepared and know where you want to go with the paper and your analysis.

IV. Case Law After Tropea Relating to the Factors you Chose – The next several pages of your paper should be discussing the cases you have found. There could be as many 300 to 500 cases out there. You want cases that are at least a page or two in length and discuss the facts and situation of the particular case.

In this section, in a paragraph you talk about the case and why the court held/decided as it did providing as much of the facts as you think relevant. In the paragraph that follows, you discuss how the case you just cited is applicable or not applicable to the Frank’s situation. Then you move on to your next case and do the same thing.

V. Conclusion/Summary Paragraph – The last paragraph of you paper should be a paragraph or a few sentences that sum up what you have just said. For example, “In conclusion, a Court would likely/would likely not allow Allison Frank to relocate to South Jersey with the parties’ children because it is/is not in their best interests because……The cases above demonstrate that…..”

Your conclusion does not have to be elaborate, but you have to end somewhere and sum it all up.

This final paper is a lot of work!! As I said in class when we first started, Legal Research is probably the hardest class in our Program because it is very time consuming and requires a memorandum of law (which is basically a substantial term paper). That is why it counts as 40% of your final grade.

Keep in mind that the grading is effort based more than anything else. It is readily apparent who puts in the effort and who starts their paper a day or two before it’s due.

You will learn a lot by doing the research, reading the cases and writing your first memo of law.

Given our current circumstances and that many of you have other classes that may have a lot more work since we have had to move online due to the virus, you may not want to devote the time and energy to this. If that is the case, please reach out to me and we will speak after class or by phone about what you may want to do and what would be best for you.

One Final Important point for the paper – it does not matter why Donald wants a divorce!!! Maybe Allison did something awful, maybe she’s crazy or maybe she’s the best wife and mother there is. It is not relevant. That is why it is not in the facts. Assume both parents are normal, loving, average parents from an average household (no drugs, no alcohol, no abuse of any kind). Maybe after reading the facts, you dislike Donald. Your personal opinion should not get in the way of your legal analysis. Don’t assume facts that aren’t there and don’t make value judgments. You don’t know enough about the parties or their marriage to do that. That’s intentional. Do your best to leave your personal opinions out of the analysis.

Cases You Can Use to Get Started If You Want

Tropea v. Tropea, 87 N.Y.2d 727, 665 N.E.2d 145, 642 N.Y.S.2d 575 (1996)

Martino v. Ramos, 64 A.D.3d 657, 884 N.Y.S.2d 427 (2nd Dep’t 2009)

Schwartz v. Schwartz, 70 A.D.3d 923, 895 N.Y.S.2d 206 (2nd Dep’t 2010)

Uniform State Narcotic Drug Act versus the Uniform Controlled Act

Law

Student Name:

Instructor:

Subject:

Date

Uniform State Narcotic Drug Act versus the Uniform Controlled Act

This act was a revenue-producing act implemented to provide penalties for violations, but it denied the states the power to neither exercise the power of police to seize drugs used in illicit trade nor to punish those responsible. The act was primarily implemented to make the law uniform to all the states regarding the control of selling and using narcotic drugs (Swain, 1937).

The commissioners wanted to protect and control the sale and use of the drugs effectively in all the states. As a result of their efforts,  the growth rate and the spreading of the illicit narcotic drugs reduced because the act was strict in getting rid of the conflicting and inadequate laws and replacing them with effective ones. On the other hand, The Uniform Controlled Act of 1972 was implemented to replace the Uniform Narcotic Drug Act. The Act established a drug scheduling system as it gave permission to seize any property used in illegal activities. With the Act, the states authorities could now design, reschedule, or delete substances whenever notified of any federal actions.

Public Drunkenness

A person is ruled guilty of public drunkenness offense if he/she is under the influence of alcohol to the standard that he might be a danger to himself, other people, or any property. A person is drunk if his speech, coordination, balance, or behavior is affected because of drinking alcohol. Police take drunk people as ‘trouble makers’ and as such, they ban the ‘trouble makers’ from scenes with a violent history from as a result of drunkenness. It is a crime as it endangers the life, safety and peace of the drunkard, people around and the public at large. The drunkenness makes people make poor decisions especially when on public property where one might be tempted to crimes such as robbery, assault, and others.

Blackmail and Extortion

Blackmail is an offense that consists of taking or trying to make money or property from another person by making him fear being accused of criminal acts or other immoral conduct. On the other hand, extortion is taking money or property against the law by virtue of an official position or public office as this is an oppressive way to misuse power. The ever-present element of the offense in extortion is the threat to the victim or to his property (Block & Gary, 2001). Public officers commit the offense by claiming authority to take what the law does not entitle to him/her. Blackmail involves letters, oral threats, and other written communications. The federal criminal code says that ‘whoever threatened by informing, or as consideration for not informing, against any violation of the law of US, receives, or demands money, or any valuable thing is guilty of blackmail.’ So, for any crime to be declared a blackmail, there need be a threat that’s conveyed with unlawful hope of gaining. There still needs to be proof beyond reasonable doubt that the accused demanded property from the victim. The accused is not guilty and is acquitted, unless the jury is satisfied beyond doubt that he made a demand (Janal, 1998).

Misfeasance and Nonfeasance

Misfeasance is practicing a legal act improperly. A defendant is liable of misfeasance if he has a duty to care towards the plaintiff, and the defendant breached the care-duty by performing a legal act improperly, which resulted to the plaintiff getting hurt. If a janitor leaves the floor she is cleaning wet, which consequently results to his employer falling and getting injured, the employer can sue her for misfeasance because she breached her duty by leaving a wet floor. On the other hand, nonfeasance describes a situation where one fails to act consequently resulting to harm to other parties. These terms are usually confusing and un-instructive. Even courts of law have difficulties determining whether the harm of the different cases results from a failure to act responsibly or harm resulted from an act that was never performed properly. For example, using the janitor example, a court can call the injury an act of nonfeasance by attending to the fact that the janitor did not post a warning sign stating that the floor is wet.

References

Block, & Gary N. Anderson. (2001). Blackmail, Extortion, and Exchange. New York Law School Law Review: pp. 541-561. Retrieved 13/8/2014.

Janal, D. S. (1998). Risky Business: How to Stop People From Blackmailing You From The Web. New York; John Wiley and Sons.

Swain, R. L. (1937), The Status of Exempt Narcotics Under The Uniform State Narcotic Act. Journal of The American Pharmaceutical Association. Retrieved 13/8/2014.

LAUNCHING A NEW OFFERING THE ADVANCED SMARTWATCH

LAUNCHING A NEW OFFERING: THE ADVANCED SMARTWATCH

Author

Course

Instructor

Date

Brief Description of the Product

The popularity of smartwatches is increasing by the day. Middle class earners and the working class groups are finding this new trend as not only fashionable but also incredibly convenient. A large group of consumers are accepting smartwatches as independent gadgets, which perform other tasks as important as having a mobile phone and other simple daily technologies. The current product combines all of these elements, including new technology in the wearable sector, fashionable features of a new trendy smartwatch, and the smartness of a mobile phone on a wrist watch. Specifically, the idea is to take advantage of the increasingly popular wave of using smartwatches as a fashion statement and as a luxury item. The characteristics and features of the smartwatch make it a desirable product for anyone already using a smart phone. Smartwatches can be used as pulse rate recorders and monitors, pedometers, physical activity trackers, blood pressure monitors, sleep and sleep pattern recorders, and as a time keeping gadget (Dutot, Bhatiasevi, & Bellallahom, 2019). Overall, smartwatches are supposed to simplify common conveniences and new technologies that have been introduced recently including health and fitness and the old benefits of having a watch that can connect to one’s phone.

Despite the aforementioned advancements in technology, the smartwatches in the mainstream tech market are somewhat rigid to new changes and have maintained the same old features and sluggish growth compared to when they hit the market a few years ago. Manufacturers have not put in notable effort in ensuring that the smartwatch becomes an independent gadget away from the smart phone. A problem emerges that the smartwatches in the market are produced and marketed as components to the smart phone, with minimum features, and only limited to keeping time and tracking fitness and health. This raises a need to have so many gadgets that do a myriad of things and many apps that can overwhelm these gadgets. There is a need for a product that goes beyond these minimal benefits to include an independent sim card slot, basic smartwatch features, and the ability to incorporate the benefits of a smart phone to increase convenience and add value by eliminating the need to have other additional tech products.

Following from the above problem, our proposed smartwatch goes further to incorporate new features such as Google maps, voice-activated command, picture taking on a full screen, and video call feature for convenience when on the move. It is important to note that we are marketing our product as a smartwatch that does exceedingly more than a majority of the smartwatches in the market. Our idea is to make a smartwatch that operates fully like a smart phone, with the benefits and convenience of being a hands-free and voice activated gadget.

The SpeedBit is the suggested name for our product. The need to have many smart gadgets is a problem that can be solved through creating the SpeedBit that has similar features to a modern smartphone. The benefits of solving this problem include allowing a user to be without their mobile phone when in commitments such as work, or when in a meeting, in class, or when doing physical activities, on a plane, and when driving. More features to the smartwatch will help reduce the bulkiness of the smart phone. SpeedBit will have 3 distinct prices: the entry level price for the basic model going for $62-$70, the mid-level model going for $94-$170, and the top tier model going for $180-$300. The price is competition-based with an intention to penetrate the smartwatch market and create a following in line with the findings of Sammut‐Bonnici & Channon (2015). The mid-level price targets both the old and young customers and uses the cost-plus pricing strategy to create profits in the long term (Guilding, Drury, & Tayles, 2005). The high-end pricing uses prestige pricing to create a success image and gain value (Kumcu & McClure, 2003).

Target Market and Positioning

SpeedBit’s market will be segmented on the basis of the income and age of users and a look into which other gadget/devices a person uses. The SpeedBit is an independent tech device but also requires that a user uses a smart phone to support the extra features and to link with one’s life through applications such as messaging, infotainment, video calling, and navigation. Therefore, our target market is the millennials (old and young millennials) aged between 18 and 33 years. Dash, Kiefer, & Paul (2021) identified this market group to be one of the largest groups of smartphone owners and users. Further into the segmentation criteria, we identify that the millennials do not 100% fit in the income group that favor our pricing strategy. At present, Anshari et al. (2019) term millennials as low-income earners, have reduced disposable income, and are classified as discount/deals shoppers. Therefore, we expand our target market to include older individuals in the upper middle class and high income earning group. The new category is largely comprised of health and fitness enthusiasts ready to accommodate smart devices that can be used for physical activities and in offices for convenience purposes.

For SpeedBit to be a success, the targeting and positioning will incorporate the millennials and the upper middle class groups. The benefits of each category make them an attractive market for SpeedBit. Millennials are large smartphone users and comes with huge numbers, influence, and following on social media. The older upper middle class fitness and health enthusiasts has high disposable income and willingness to adopt to new technology. Their financial capability also makes them less price sensitive which will be key to selling the high end product categories.

The positioning of the SpeedBit will be based on the benefits of the features such as pulse rate recorders and monitors, pedometers, physical activity trackers, blood pressure monitors, sleep and sleep pattern recorders, and as a time keeping gadget. Added features that serve to add value include classic time telling features, being a travel companion, a device that helps find other lost gadgets, good trackers in the fitness and health segment, nutrition companion, basic convenience, multitasking accessory, notifications on the wrist, navigation advantages, voice command, and connectivity to other gadgets.

Advertising Objectives

The advertising objectives are informing and persuading users and the taret market to switch to a smartphone that caters for practical needs. The message strategy will use information and humor to appeal to the target market. Specifically, we will show how a person requires at least five tech gadgets to be able to perform the basic requirements of a modern day working individual. From the wake-up alarm device, to the phone reminder of a scheduled meeting, to missing calls while taking a shower, missing on a critical message reminding one of a meeting at their child’s school, to keeping track of fitness and physical activities, we intend to inform that the smartwatch should be a technology that every person is familiar with and already a user. Our message is that the technology is long overdue and that people should already be using smartwatches as a part of their daily lives. The target markets for the SpeedBit are all working people with busy lifestyles. We will use emotion to show how the SpeedBit will help them to keep up with the demands of their busy lifestyles including work, personal time, social life, important landmarks in life, and so on. This is appropriate for the target markets in order to create purpose and commitment. We intend to have the target customers demanding the product more.

ReferencesAnshari, M., Alas, Y., Razzaq, A., Shahrill, M., & Lim, S. A. (2019). Millennials Consumers’ Behaviors between Trends and Experiments. International Journal of Cyber Behavior, Psychology and Learning (IJCBPL), 9(4), 45-60.

Chatfield, A. T., & Reddick, C. G. (2018). The role of policy entrepreneurs in open government data policy innovation diffusion: An analysis of Australian Federal and State Governments. Government Information Quarterly, 35(1), 123-134.

Dash, G., Kiefer, K., & Paul, J. (2021). Marketing-to-Millennials: Marketing 4.0, customer satisfaction and purchase intention. Journal of Business Research, 122, 608-620.

Dutot, V., Bhatiasevi, V., & Bellallahom, N. (2019). Applying the technology acceptance model in a three-countries study of smartwatch adoption. The Journal of High Technology Management Research, 30(1), 1-14.

Ferreira, J. J., Fernandes, C. I., Rammal, H. G., & Veiga, P. M. (2021). Wearable technology and consumer interaction: A systematic review and research agenda. Computers in Human Behavior, 106710.

Guilding, C., Drury, C., & Tayles, M. (2005). An empirical investigation of the importance of cost-plus pricing. Managerial Auditing Journal, 20(2), 125-137.

Kumcu, E., & McClure, J. E. (2003). Explaining prestige pricing: an alternative to back-bending demand. Marketing Education Review, 13(1), 49-57.

Nasiri, N. (2019). Introductory Chapter: Wearable Technologies for Healthcare Monitoring. Wearable Devices: the Big Wave of Innovation, 3.

Sammut‐Bonnici, T., & Channon, D. F. (2015). Pricing strategy. Wiley Encyclopedia of Management, 1-3.

Singh, R. R., & Majumdar, S. K. (2018). Wearable internet of things (WIoT): Opportunities, challenges and business models for digital entrepreneurs. International Journal on Recent Trends in Business and Tourism (IJRTBT), 2(4), 43-52.

Latin American History Topics

Latin American History Topics: The Cuban Revolution

Second Paper Assignment: Assessment of the Cuban Revolution, Rough Draft

Due Date: December 17th, 2018 by 11:59pm

Length: 10-12 pages

Method of Delivery: Email to shrader@rowan.edu. Word or PDF document only.

Format: 12-point font, Times New Roman, one-inch margins.

Citations: Footnote (Chicago Style) plus Works Cited Page.

In January 1959, the M-26 Movement successfully toppled the Batista dictatorship after three years of conflict in the Sierra Maestra and the cities. Upon assuming power, it faced immediate and profound challenges, ranging from US opposition and poverty to structural racism and sexism. The next thirty-two years (and beyond) would witness profound changes in Cuban society and the island’s relationship with the great powers, most notably the United States and the Soviet Union. In an 8-9 paper, analyze the nature of the Cuban Revolution, its goals, **and whether or not it was successful in achieving those goals.** Your paper should be in 12 point Time New Roman font with one inch margins, it should possess a clear thesis, both introductory and concluding paragraphs, and have footnoted citations from the assigned readings plus SIX outside readings, as well.

In planning your paper, please choose THREE of the following themes:

Anti-imperialism/internationalism

Social Rights (literacy and education, healthcare, housing, human development)

Anti-Racism

Anti-Sexism

A combination of 4 & 5 (Intersectionality; this will not count for two themes)

The New Socialist Man

Economic Independence

Useful timeframes for historicizing different parts of your paper:

1959-1971

1959-1979

1959-1991

1991-Present

1959-Present

In researching your paper, please choose at LEAST NINE of the following sources (you do not have to use the entire book; a chapter counts!)

General:

Marifeli Perez-Stable. The Cuban Revolution: Origins, Course, and Legacy

Samuel Farber. Cuba since 1959: A Critical Assessment.

Lillian Guerra. Visions of Power in Cuba: Revolution, Redemption, and Resistance, 1959-1971

Amelia Rosenberg Weinreb. Cuba in the Shadows of Change.

Anti-imperialism/internationalism

Lars Schoultz. That Infernal Little Republic: The United States and the Cuban Revolution.

Jorge I. Domínguez. To Make a World Safe for Revolution: Cuba’s Foreign Policy.

Piero Gleijeses. Conflicting Missions: Havana, Washington, and Africa, 1959-1976.

____________. Visions of Freedom: Havana, Washington, Pretoria, and the Struggle for Southern Africa, 1976-1991 (Chapel Hill: University of North Carolina Press, 2014).

_____________. Cuba’s First Venture in Africa, 1961-1965,” Journal of Latin American Studies, Vol. 28, No. 1 (Feb., 1996), pp. 159-195

_____________. “Truth or Credibility. Castro, Carter, and the Invasions of Shaba,” The International History Review, Vol. 18, No. 1 (Feb., 1996), pp. 70-103.

_____________. “The First Ambassadors: Cuba’s Contribution to Guinea-Bissau’s War of Independence,” Journal of Latin American Studies, Vol. 29, No. 1 (Feb., 1997), pp. 45-88

_____________. Conflicting Missions: Havana, Washington, and Africa, 1959-1976 (Chapel Hill: University of North Carolina Press, 2003).

_____________. “Cuba and the Independence of Namibia,” Cold War History, Vol. 7, No. 2, May 2007, pp. 285–303

_____________. “Moscow’s Proxy? Cuba and Africa, 1975-1988,” Journal of Cold War Studies, Volume 8, Number 2, Spring 2006, pp. 3-51

Jonathan Brown. Cuba’s Revolutionary World (Cambridge: Harvard University Press, 2017).

Dirk Kruijt. Cuba and Revolutionary Latin America: An Oral History (New York: Zed Books, 2017)

William LeGrande and Peter Kornbluh. Backchannel to Cuba: The Hidden History of Negotiations between Washington and Havana (University of North Carolina Press, 2015).

Mervyn J Bain. “The Glastnost Effect on Soviet-Cuban Relations,” Journal of Transatlantic Studies, 2 (2) 2004

____________. “Cuba–Soviet Relations in the Gorbachev Era,” Journal of Latin American Studies Vol. 37, 2005, pp. 769–79

____________. “Triangle of Mistrust: Washington, Moscow, and Havana,” Journal of Transatlantic Studies, 4 (2) 2006, pp. 145-162

Tobias Rupprecht. Soviet Internationalism after Stalin: Interaction and Exchange between the USSR and Latin America during the Cold War (Cambridge: Cambridge University Press, 2017).

Peter Polack. The Last Hot Battle of the Cold War: Cuba vs. South Africa in the Angolan Civil War (New York: Casemate, 2013).

Yinghong Cheng. Sino-Cuban Relations During the Early Years of the Castro Regime, 1959-1966” Journal of Cold War Studies, Volume 9, No. 3, 2007

Stephen G. Rabe. Eisenhower and Latin America: The Foreign Policy of Anti-Communism (Chapel Hill: The University of North Carolina Press, 1988).

____________. The Most Dangerous Area in the World: John F. Kennedy Confronts Revolution in Latin America (Chapel Hill: The University of North Carolina Press, 1988).

Daniela Spenser. “The Caribbean Crisis: Catalyst for Soviet Projection in Latin America,” In From the Cold: Latin America’s New Encounter with the Cold War (Durhum: Duke University Press, 2008).

Margaret Randall. Exporting Revolution: Cuba’s Global Solidarity (Durhum: Duke University Press, 2017).

Social Rights:Henry Veltmeyer and Mark Rushton. The Cuban Revolution as Socialist Human Development.

Rebecca Gordon-Nesbitt. To Defend the Revolution Is to Defend Culture: The Cultural Policy of the Cuban Revolution (New York: PM Press, 2015)

Anne Luke. Youth and the Cuban Revolution: Youth Culture and Politics in 1960s Cuba (New York: Lexington Books, 2018).

Yingong Cheng and Patrick Manning. “Revolution in Education: China and Cuba in Global Context, 1957-1976,” Journal of World History, Vol. 14, No. 3, 2003, pp. 359-407.

Jennifer Lambe. Madhouse: Psychiatry and Politics in Cuban History (Chapel Hill: UNC Press, 2017), pp. 140-237.

Emilio Bejal. Gay Cuban Nation (Chicago: University of Chicago Press, 2001).

Lilian Guerra. “Gender Policing, Homosexuality, and the New Patriarchy of the Cuban Revolution.” Social History, 35:3, 2010.

Anita Casavantes. The Revolution is for the Children: The Politics of Childhood in Havana and Miami, 1959-1962 (Chapel Hill: UNC Press, 2014).

Race:

Alejandro de la Fuente. A Nation for All: Race, Inequality, and Politics in Twentieth-Century Cuba (Chapters 7 & 8)

Devyn Spence Benson. Anti-Racism in Cuba: The Unfinished Revolution (Chapel Hill: University of North Carolina Press, 2016).

Gender: Lois M. Smith. Sex and Revolution: Women in Socialist Cuba (New York: Oxford University Press, 1996).

Carrie Hamilton. Sexual Revolutions in Cuba: Passion, Politics, and Memory.

Michelle Chase. Revolution within the Revolution: Women and Gender Politics in Cuba, 1952-1962 (Chapel Hill: University of North Carolina Press, 2015).

Helen Icka Safa. “Women, Industrialization, and State Policy in Cuba,” The Kellogg Institute, 1989.

Elise Andaya. Conceiving Cuba: Reproduction, the State, and Women in Post-Soviet Cuba (New Brunswick: Rutgers University Press, 2017)

Economy, Socialism, and The New Man:

John Lee Anderson. Che: A Revolutionary Life (Chapters 20-24)

Julie Marie Bunck. Fidel Castro and the Quest for a Revolutionary Culture in Cuba

Ana Sera. The New Man in Cuba: Culture and Identity in the Revolution (Miami: University of Florida, 2007).

Yinghong Cheng. Creating the New Man: From Enlightenment Ideals to Socialist Realities (Honolulu: University of Hawaii Press, 2008). Helen Yaffe. Che Guevara and the Economics of Revolution (New York: Palgrave MacMillan, 2009).

Richard Feinberg. Open for Business: Building the New Cuban Economy (Washington, DC: Brookings University Press, 2016).

Helen Icka Safa. “Women, Industrialization, and State Policy in Cuba,” The Kellogg Institute, 1989.

Juan Valdez Paz, “The Cuban Agrarian Revolution: Achievements and Challenges,” Estudios Avancados, 25 (72), 2011.

Komsas Tsokhas. “The Political Economy of Cuban Dependence on the Soviet Union,” Theory and Society, 03/1980, Volume 9, Issue 2.

Carmelo Mesa-Lago. Cuba in the 1970s: Pragmatism and Institutionalization (Albuquerque: University of New Mexico Press, 1977).

Last Name H-O

Last Name: H-O

(3-5 pages)

16% of final grade

Due, Friday, February 4, by 11:59 pm

 NOTE: Complete this assignment if your last name begins with H-O

Paper must be double spaced, with one inch margins, 12 point font and include section headers for each of the paper sections noted below (Three Representational Roles and Role You Choose, Influence of Legislative Leaders, Rank and Explain Influences of Institutional Factors, and Explain Your Vote) and at least three full pages long.

Objective: The objective for this assignment is for students to understand and critically analyze the multiple pressures on policy makers in Texas as they most listen to their leaders, the governor, the voters (social responsibility) and their own conscience (personal responsibility) in deciding how to cast their vote on a controversial issue.

Assignment: You have recently been elected as a Republican to the Texas Senate from a competitive district (even number of Democrats, Republicans and Independents) just outside of Dallas. One of the first bills that you must vote on is House Bill 3- a bill to ban Critical Race Theory (CRT) from Texas Schools. Your constituents support the bill as does the Governor your party, because they believe it will decrease division and animosity among students. However, you oppose the bill because you believe CRT is not being taught in Texas schools and the bill is a waste of time The Speaker of the House opposes the bill as well.

In explaining how you will vote on the bill, be sure to explain the following:

What Representational Role you will adopt (trustee, delegate or politico). (Unit 4 Written Lectures, Slide 4-25). Be sure to discuss all three representational roles.

How will the Speaker of the House, the Lt. Governor and Governor of Texas influence the fate of the bill? (Unit 4 Written Lectures, Slides 4-9, 4-10, 4-18 & 4-22 )How do you think constituents might try to influence your vote? (Unit 4 Written Lectures, Slide 4-20)

Which factors noted above and in your notes (constituents, governor, party leaders and your own opinion) will influence your vote? Rank them in importance. (Unit 4, Written Lectures, Slide 4-20, 4-21)

Will you vote for or against the bill? Please explain your answer thoroughly. You should refer back to the representational role here. (Unit 4 Written Lectures, Slide 4-25)

The paper should include subject headers (ie. Representational Roles, Influence of Legislative Leaders, etc.)

Assessment: Your Assignment will be assessed based on the following rubric.

Larissa Case Study-Special Education

Larissa Case Study-Special Education

Student’s name

Institutional affiliation

When it comes to the delivery of special education services, diversity is an issue that cuts across the spectra of school, culture, and families. When these diversity issues happen at the same time, they make it difficult for the needs of special children to be met. Diversity in families can occur in the form of demographic dimensions such as the differences in ethnicity or race and socioeconomic status. Other examples of diversity in families have to do with parenting behaviors and communication. Different parents tend to have different parenting processes. Diversity in cultures has to do with ethnicity, race, religion, gender, language, disability and even age. In schools, diversity is exhibited through the learners’ language background, economic status, religion, sexual orientation, and gender identity. When all these issues combine in the classroom set-up, they get in the way of learning. In this case, struggles to express herself and put down her thoughts on paper. Notably, she also lacked organization, and used fragmented sentences and lower-level vocabulary. Larissa’s struggles have to do with the fact that her family speaks multiple languages at home. They are immigrants from El Salvador and as such, they communicate in both Spanish and English at home.

Undoubtedly, understanding that learners with exceptionalities have different and understanding of their development helps teachers in meeting their needs. Because students are brought up differently and come from diverse backgrounds, teachers need to factor in these aspects of learning. For instance, some learners might be Muslims and others Christians. Teachers should train learners to accommodate and respect other people’s religion and tradition. For instance; they should make it known the taboos in Muslim religion such as drinking alcohol and specific animal products such as pork. This way learners will learn to show dignity to their counterparts who practice a different religion from them. Teachers should make the learners understand that although people subscribe to a different religion from them, honoring God is more important.

Collaboration of members of the IEP team is essential for special needs education Teachers need to work alongside the students, parents and guardians as each party adds to the team’s understanding of the special needs child. Each individual knows the student from a unique perspective. Parents and guardians spend the most time with the learner which places them in a position to know the child’s strengths, weaknesses, triggers, personality, and abilities (Rossetti, Sauer, Bui, & Ou, 2017). This information is critical in determining whether a learner with disability gets selected and enrolled on learning disability programs.

Various data types are employed in the development of a student’s IEP. One example of data sources are observations. They are used to help assess the student’s functional performance within a school setting. Observations help tell whether learners can follow classroom routines, their social interactions and if they can handle a complex education environment. Parent input is also another source of data for the IEP process for learners with disabilities. Before the IEP meeting, parents can provide information such as their needs, which will increase their participation in the meeting. Behavioral data is another source of information where the IEP team considers information like attendance and even more sophisticated data from intervention plans of the learners behavior.

When teachers participate in professional development and commit to lifelong learning activities, they are better placed to meet the individual needs of the students with learning disabilities. Professional courses help teachers learn better ways to teach as they collect new and more effective teaching strategies. The teachers can implement new teaching strategies in the classroom and modify their curricula and lecture styles to suit the needs of learners better.

References

Rossetti, Z., Sauer, J. S., Bui, O., & Ou, S. (2017). Developing collaborative partnerships with culturally and linguistically diverse families during the IEP process. Teaching exceptional children, 49(5), 328-338.

Suspense and Horror Trailer Analysis

Larinda Griffin

Mrs. Jenkins

ENG 1123

Date

Suspense and Horror Trailer Analysis

Horror movies are filled with suspense and are scary, thus have an effect of raising the body adrenaline. Suspense and horror movies have similar characteristics that include fear of death, disfigurement, scary places, dismemberment, spooky music, suspense, dark, and mostly composed of creepy and crawling things. Stephen King’s movies are based on suspense and horror as they share most of the horror characteristics and thus are scary movies. Among the selected trailers, suspense and horror characteristics such as creepy sounds, corpse, fonts, screams, lightening as well as shattering glasses and whirling wind are evident.

Creepy Show is one of the trailers that is based on Stephen King’s work that exhibits characteristics such as creepy sounds and loud explosions making it a suspense and horror trailer. The film incorporates various themes that are full of suspense and horror ranging from the sounds to graphics. Sounds are introduced from the beginning of the trailer to the end, but it is not a single sound all over as there are other mixed horrific and creepy sounds produced by the characters and objects. Eerie sounds are heard from the background which is an indication that the movie is a horror film. The whirling of winds is a good indication of a horrific incident as well as loud explosions that creates suspense. In the combination of the human screams, the trailer becomes full of suspense. Concerning language, the narrator in the trailer uses a language that is full of terror and suspense from the way he introduces the characters and scenes to the way he keeps the audience waiting for the next moment to see what will happen. In regards to iconography, the trailer incorporates such items as corpses, cockroaches, monsters and terrified humans. These characteristics indicate a terrific suspense film.

The Cat’s Eyes is another suspense and horror trailer based on the works of Stephen King, exhibiting characteristics as cat’s growls, horrific sounds and human screams. The trailer introduces horrific events through a storyline of events as they happen as witnessed through a cat’s eyes. The movie trailer is suspenseful and at the same time horrific in that it has some aspects of horror movies. Sound is one of the main characteristics of horror; Creepy sounds follow the soft background music used in the introduction while the rest of the trailer is filled with horrific sounds such as cat growls and human screams. Concerning the language, the narrator uses a terror and suspense language, for example, he says that “The master of murder and horror” a quote that it is full of terror. In regards to iconography, various incidences include a cat growling out of fear, cars colliding, women screaming out of panic, cigarettes smoke coming from the ears, cracking walls as well as a giant cat’s eye that is used to indicate horror. Horrific graphics have as well been used in the trailer that includes gothic fronts and the use of weapons such as guns indicating that crime and murder is a common theme in the film.

Misery 1990 is the next trailer in Stephen King’s series showing horror characteristics loneliness, mockery and mistreatment of a man by a female. The man has been bedridden since his legs has had fractures and thus have remained confined in bed on the mercy of an inhuman female. The trailer ‘Misery’ notes Stephen King as the author of the novel and incorporates various elements of suspense and horror movie that include sound and language. Various sounds, including screams, loud bangs, high voices, and screeching sounds have been used as an indicator of suspense and horror and therefore the trailer can be classified as both misery and horror. Horrific language has also been used in the dialogues that are full of terror and suspense with the narrator making the highest contribution in introducing the trailer. For example, the woman says that “You better hope that I don’t die, because if I die, you die” indicating threats of death which has been at times made real as the woman injects the man against his will and also almost cripples his legs with a hammer. The use of fonts as well makes it a suspense trailer and thus, ‘Misery 1990’ therefore is a suspense and horror trailer.

In conclusion, all of Stephen King’s trailers are full of suspense and horror in that they share common themes and horrific elements from sounds to language. This paper is significant because it helps the viewers identify suspense and horror movies; for example, creepy and screaming sounds, gothic fonts, and lightening are common characteristics that introduce the films are horror movies.

Works Cited

Cat’s Eye (1985) Official Trailer – Drew Barrymore, Stephen King Horror Movie HD. Retrieved from: https://youtu.be/rqzTazrYx5M?t=4Creep Show (1982) Official Trailer – Hal Holbrook, Leslie Nielsen Movie HD. Retrieved from: https://youtu.be/owdnnaNs2RI?t=29Misery (1990) – Original Trailer. Retrieved from: https://youtu.be/cWVxFKn7qx4?t=87

PART 1 INITIAL

La’richia Gould

PART 1: INITIAL OBSERVATIONS AND HYPOTHESIS (10 pts)

Review the information on the “Part One” module then complete the prompts below. Submit your work to the designated D2L dropbox.

Observations (6 pts):

The western margin is mountainous.

It drops steeply into the Pacific Ocean.

It is bordered by an ocean trench.

The shoreline is rocky.

The continental shelf is narrow.

Hypothesis (4 pts):

The western margin of South America is mountainous as a result of compression associated with the oceanic-continental convergent boundary. This results in uplift of the crust which results in the formation of a mountain range.

The area is also characterized by volcanism on the surface of the overriding continental plate which also contributes to the formation of the mountain range.

The area is characterized by significant tectonic activity in the form of earthquakes due to the continued deformation of the subducting oceanic plate.

The shoreline is narrow, steep and rocky as it experiences frequent earthquakes which move sediment to the ocean waters.

The ocean trench that is along the edge of the continent marks the subduction site at which the oceanic plate subducts beneath the continental plate.