Hopeless and Absurd - Existentialism and Buddhism Essay

Hopeless and Absurd - Existentialism and Buddhism Perhaps the most telling symptom of existentialist philosophers is their ever-divergent theories on the fundamental characteristics of human life and their steadfast refusal to assign an explicit meaning or reason to our existence at all. Contrary to criticism which therefore labels the movement cynically nihilistic, existentialism justifies life with reasoning similar to that of Zen Buddhism. Specifically, the notions of hopelessness and absurdity can be gleaned from Buddhism in a manner helpful to the understanding of existentialist viewpoints on the same. Though these two perspectives elicit no fewer contrasts than comparisons, their juxtaposition highlights the workings of the†¦show more content†¦Whether it is hope for a better position in society, or hope for a lovers companionship, the attachment to desire ignores the eventual reality of impermanence. Death assures our mandatory individuality. Though we may accumulate relationships and material possessions throughout the course of our earthly life, we are nonetheless subordinate to the limits of time. Mortality stipulates ultimate loss. The only way to live free of crippling dread and anxiety is to free ourselves from expectations as well as ego-driven involvement in the affairs around us. As with Buddhism, existentialism does not require estrangement from society. Both suggest that actions will reflect the free choice of the individual. Though individuals tend to seek an exterior justification for their choices, the existentialists regard freedom as the unavoidable responsibility of complete independence. In this manner, the Buddhist tradition also acquits so-called human nature of blame for infractions on the part of the individual. The only way a person can act is by directing them self in a manner which he/she can accept from all other people. In Sartres view, to act otherwise is to surrender self-deception (Kaufmann, 320). It is useful to acknowledge that Buddhism and existentialism differ significantly in their views on individuality. While existentialism focuses entirely on the individual, Buddhism rejects the concept of

Essay about The Unfair Treatment of Women - 1572 Words

The Unfair Treatment of Women My mother has always promoted sisterhood and support for women. Growing up, I was taught that women, although we can do anything we want to do, need a support system, because we are traditionally the underdogs, and we should not accept being treated unfairly. My mother likes to tell a story about how, when she was a girl, she told her dad that she had decided to become a lawyer when she grew up. In response to her proclamation, my grandfather, an attorney himself, asked, Isn’t that an awfully expensive education for a girl? My mother was involved in her education throughout high school. The number of opportunities presented to her while growing up and in her education, however, did not even come†¦show more content†¦In life outside the office, forced sex on a date was not called date rape, but rather a bad night. Teen mothers were solely responsible for the babies they had out of wedlock at that young age. If a woman got married and changed her name, she would lose all her credit cards and have to reapply for credit. Similarly, if she got divorced, all the money in the checking account she shared with her husband would go to him, and she would once again lose credit. Domestic violence was not the crime that it is today. In Texas, it was legal for a man to shoot his wife and her lover if he caught them in bed together, but the reverse was not true. Women everywhere in our culture were having similar experiences of unfair treatment because of being female, so they banded together to improve their social and professional status. Women created several support systems for each other, because they knew that the only way to bring about change was in numbers. The League of Women Voters set a precedent over 50 years ago as a successful organization made to ensure women the same voting rights as men. 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Korea s underworld sex business teems with local and foreign women that are coerced to sell their bodies or voluntarily do it to meet living standards. The women that partake in prostitution are frowned upon because they bring ignominy to the family name. There is an unfair and unilateral view: sex workersRead MoreInjustice Is An Unfair Treatment1209 Words   |  5 Pagesexamples of injustice in America? Before you start to answer that question, consider what the word injustice means. Injustice is like a plague. If one person doesn’t speak up about unfair treatment, they are allowing injustice to infect everyone. The Webster dictionary definition states, â€Å"Injustice is an unfair treatment or situation in which the rights of a person or a group of people are ignored (Merriam-Webster).† There are various examples of injustice in the Criminal Justice System, the occupationRead MoreInjustice Is An Unfair Treatment1212 Words   |  5 Pagesexamples of injustice in America? 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Everyone knows that it is unethical for a business to use dishonesty and bribery to get employees to do what the company wants them to do. Well, not every company sees the wrongRead MoreSex, Religion, And Discrimination1132 Words   |  5 Pagesfull-time women employee earns 78 cents of every dollar a male earns, this ratio differs from one state to another and it varies from 91cents in DC to 66 cents in Louisiana(2) shows the un-uniformity among the state laws. Many people hide their gender identity in the workplace, to get recognized for their talents, because they are afraid that the gender bias may restrict their growth. In the screenshot below from Equal Employment Opportunity data analysis, it is clear that the presence of women in theRead MoreTaking a Look at Gender Inequality1182 Words   |  5 Pagesunequal treatment or specific perceptions based on an individual’s gender. In most cases, it has developed over time with the socially constructed gender roles the socie ty portrays. It was said â€Å"Nearly one-third of women said they feel discriminated against or treated unfairly based on their gender at least once a week. Opportunities are wasted if stereotypes and biases evaluate people based on their gender. Both men and women have arguments about this issue, but men are unaware of the treatment thatRead MoreThe Protection For Women s Employment And Health During Pregnancy Essay1683 Words   |  7 PagesIntroduction Pregnancy is an inherent quality directed solely to women, therefore it is much deserving of special protection. The dawn of democracy in 1994 brought with it a new era of labour rights. No longer may employers unfairly discriminate against workers on the basis of gender or sex. Unfair treatment or dismissal on this basis amounts to gender discrimination. Legal pressure is important to protect women’s employment and health during pregnancy. Among the complexities of gender equality

Globalization and Media-Free-Samples for Students-Myassignment

Questions: 1.Has your view on Globalization changed after listening to Professor Ghemawat? Explain. 2.Consider where you have seen the fears that people have about Globalization. Do you think these fears may subside with some data points that may suggest otherwise? 3.What does building a Culture-based Company entail? Answers: 1.After listening to professor Ghemawat my view on globalization is totally changed. I get to know about the flow that took place in globalization such as information flow, capital flow, people flow and product or trade flow. It throws light that the way we are exchanging the ideas, goods, people etc. it seems that there is no boundary (Ghemawat, 2017). The world is borderless. I believe the fact that the world is semi-globalized. It is having limited interactions between countries and economies. Globalisation helps in enhancing the global welfare. Usage of the technology is increasing along with an increase in the investment of the capital. In the developing areas of the country, social relations are becoming strong and the standard of living is also increasing. Wealth equality throughout the world is good for the world economy (Beck, 2015). Globalization creates a condition for people to move in order to find better employment and creative work. 2.Some of the people have fear from globalization. People of different developed countries feel that population of their company started immigrating after the emergence of the globalization. A country like France faces the fear of immigration of their people. As per the survey, they believe that 24% of the total population immigrated but actually, data is 8%. In the survey it was asked from the American what budget of the federal budget went to the foreign aid they assume more than 30% of US federal budget but actually, it was 1%. So people also make some of the perceptions which are actually not true. One of the major fears faced by the people is fear of losing market and jobs. The emergence of the globalization enhances the competition in the market (Potrafke, 2015). This affects the small vendor and enterprise they need to shut down their businesses. I totally agree that these fears will subside with some data points. The above-given illustration gives the data which prove wrong t o the assumption of the people (Suchday, Benkhoukha, and Santoro, 2015). Globalization is a drawback for the undeveloped societies or area which is acquired by the social groups. There are almost 100 largest companies that control approximately 70% of the world trade. 3.Organisational culture is a system that shares the values, belief, and assumption which rules the employee's behavior in an organisation. Each organization needs to maintain some cultural values in an organization to guide the customer what they have to do. Each company wants to build a culture-based company. For achieving the long term success, Company needs to focus on the company culture values. For instance, the CEO of the Zappos' Tony Hsieh said that the first motive of the company is to focus on the organizational culture values. Communication is the best way to build the organization culture. The vision of the company should be communicated to the employees in an effective way. The great companies treat their employees as their family members this shows their cultural values. Hiring or recruiting an employee's plays a major role in an organisation. At the time of the hiring or recruiting an employee HR can easily analyze which employee can take care of the cultural values of the company. Organisational culture tries to form an alignment in the employee's goals and company's goal. This should entail a well thought out and complete strategy which is going to be followed by a company regularly. Hiring a correct candidate who wants to stay in the company is one of the major decisions that can impact the working of the company (Harvard Business Review, 2008). For instance, Amazon hires employees who can understand the organizational culture values and the mission of the company. The company builds a culture by managing an internal and external environment of the company. Employees satisfaction is must to build company based on cultural values. These companies give facilities and value to their employees. The reason being they understand the value of the employ ees in their companies (Cummings, and Worley, 2014). The company understands the CSR (corporate social responsibility) which shows the cultural value of the company. The main focus of the company is to maintain the working environment of the company (Yakovleva, 2017). For instance, Zappos has their core values and they tell how their employees work and enjoy their personal lives. This shows that their employees like their jobs and are passionate about their jobs (100 interviews, 2009). All these parameters which company follows help the company to build a culture-based company. Because of these values, the company is able to get success. Values and culture of the company connect the employees and make them work as a team. This leads to the success of the company. The reason company builds culture values as they want to provide the best way to employees at the workplace. This enhances the freedom of work. References P., 2017, Actually the World isnt Flat, viewed on 25th August 2017, https://www.ted.com/talks/pankaj_ghemawat_actually_the_world_isn_t_flat.html Harvard Business Review, 2008, Why Zappos Pays New Employees to Quit--And You Should Too, viewed on 25th August 2017, https://www.youtube.com/watch?v=cQLTQAv5JQA 100 interviews, 2009, Zappos CEO Tony Hsieh talks about building a culture-based company, viewed on 25th August 2017, https://www.youtube.com/watch?v=JdKZapHZL4c Cummings, T.G. and Worley, C.G., 2014. Organization development and change. Cengage learning. Yakovleva, N., 2017. Corporate social responsibility in the mining industries. Routledge. Beck, U., 2015. What is globalization?. John Wiley Sons. Suchday, S., Benkhoukha, A. and Santoro, A.F., 2015. 6W Globalization and Media. Psychology of Fear, Crime and the Media: International Perspectives,97. Potrafke, N., 2015. The evidence on globalisation. The World Economy, 38(3), pp.509-552.

Roswell & Government Coverups Essays - Roswell UFO Incident

Roswell & Government Coverups On the night of July 4, 1947 a thunderstorm filled the sky with loud blasts of thunder and a distinct sound accompanied by a bright flash of light. Giving little thought to the strange occurrence, Mac Brazel went back to sleep and decided to inspect the damage in the morning. In the morning the farmer and his son were surprised to discover an area where pieces of metal were spread throughout the field. Mr. Brazel knew that the pieces appeared to be very strange, so he loaded his truck with some of the debris and took them to the closest city, Roswell which is some 75 miles from his farm. The Roswell Sheriff looked at the debris and decided to call the Roswell Army Air Field. He thought that the pieces could be the wreckage of a top-secret project and that the army would be the best authority for the situation. The army checked and found that in fact no secret projects had been performed in this location. Jesse Marcel and Captain Sheridan Cavitt decided to drive to the farm outside of Corona, New Mexico and look at the crash site for themselves. Upon seeing the crash site, they mutually decided that the wreckage was not from this world and that they must alert the Pentagon. The Pentagon already knew by this time what was happening in Roswell and General Clemence McMullen told Roswell Army Air Field that they must cover up the whole story. Thus a conspiracy between the government of the United States and the citizens was born (Acevedo 1-5). Extraterrestrials exist and have visited our planet. The United States government as well as many other worldwide governments have proof of UFO existence but are afraid to release this information to the general public. It is up to the general public to examine the evidence and decide whether UFO's exist. If the government is going to continue a policy of denial then the citizens must begin a policy of belief. Whether policy makers are afraid of UFO's effect on national security or the potential mass hysteria that could follow such a release of information, the people must not sit back and let evidence of extraterrestrial contact slip through the cracks. A UFO crashed into the side of a mountain on the night of July 4, 1947. The alien craft had malfunctions that may have been caused due to the thunderstorm. As the craft touched the ground on Mac Brazel's farm, it again became airborne and was able to remain in the air until crashing to its final resting-place. This is where the craft was recovered shortly after the news was released that the 509th Bombardment group at Roswell Army Air Field had come into the possession of a flying saucer (RAAF 1A). The day after this newspaper was released many foreign countries began to call Roswell, New Mexico about the article so a new article was released. This article said that the mysterious objects found on the ranch were really nothing more than debris from a high-altitude weather balloon, not a grounded flying disk (General Ramey 1A). The nuclear physicist Stanton Friedman said, ?Unfortunately, the media bought the Air Force cover-up hook, line, and sinker (Stacy 34).? The first decorated ma n to inspect the initial crash site Jesse Marcel said ?I still don't know what the material was, except it was nothing like I had ever seen before and it certainly wasn't from any weather balloon (Stacy 34).? In 1997 a piece of metal alleged to be a fragment from the Roswell crash was presented to local Roswell scientists for analysis. Dr. Russel VernonClark performed the tests on the material and found that the object had an abnormal ratio of Germanium. This element is not found on earth and has a life of only 1.35 hours. This was proof to Dr. VernonClark that the material was from an extraterrestrial craft. Dr. Jesse Marcel Jr. also examined the piece to compare it with the memory he has from the wreckage his father showed him in 1947. Dr. Marcel agreed that this object looked like the objects that he had seen after the crash (Broussard 1). Roswell is the most

Corrosion Audit essays

Corrosion Audit essays 5.Life of a material and remedies provided Corrosion is the electrochemical deterioration of a metal because of its chemical reaction with the surrounding environment. While new and better materials are continuously being developed, this progress is offset, in part, by a more aggressive operational environment. This problem is compounded by the fact that corrosion is a complex phenomenon. It can take many different forms and the resistance of materials to corrosion can drastically change with only a small environmental change. Corrosion is most often thought of as a slow process of material deterioration, taking place over a significant period of time (examples being general corrosion, pitting, exfoliation, etc.). Other forms of corrosion degradation can occur very quickly, in days or even hours, with catastrophic results. These forms (such as stress corrosion cracking, environmental embrittlement, and corrosion fatigue) depend on both the chemical and mechanical aspects of the environment and can cause catastrophic structural failure without warning. Some of the data of losses due to corrosion follows. In the United Kingdom the Paint Research Association has estimated that metallic corrosion costs developed countries some up to four per cent of gross national product (GNP) annually. In the UK this would equal about 30 billion. In the United States, various reports put the cost of corrosion slightly higher at four to five per cent, equating in that country to about US $300 billion, of which it is claimed that around one-third could be prevented. In India approximately 5% of the GDP is lost due to corrosion, of which again it is claimed that around one-third could be prevented. CORROSION AUDIT: There is no clear definition of corrosion audit. It mainly contains inspecting the corrosion sites, analyzing the reasons of corrosion, suggesting methods of prevention, doing the cost analysis of prevention and losses due ...

Analysis and Consequences of Legal Action(S) Essay Example for Free

Analysis and Consequences of Legal Action(S) Essay Analisis for successful lawsuit report Purpose Per your request, our legal team, courtesy of Legal Eagles, LLP, wishes to advise you regarding your tentative legal action against Mechanics National Bank (â€Å"National Bank†). As you alleged, National Bank was negligent in their failure to remove a lien on your Lagoon Beach property. Our legal team has assessed this and other concerns of your case. Outlined throughout this correspondence are conclusions we have made and recommendations we wish you consider. Before we proceed, we thank you for your trust and assure you nothing less than our highest-quality work. You have expressed to us your interest in recovering compensation for a failed entrepreneurial endeavor involving a hotel property, Hotel California. You also informed us that your acquisition of this property was dependent upon your securing financing through pledging a property you currently own as collateral. In a brief analysis of the facts of your case, we find you may successfully prove liability on the part of National Bank; however, this conclusion is not without concerns, particularly regarding your contract with the owner of Hotel California. This concern and other considerations for your case are also discussed in this correspondence. Factual Background Our notes of the essential facts of your case indicate the following: You sought the acquisition of an existing hotel property located in Palm Desert, Green. You contacted the hotel’s listing agent, Mr. Babak Gordon, and obtained preliminary data on the property, including financial statements of the hotel which you have provided us. On January 5, 2005, the hotel owner, Ms. Shirley Ramirez, Mr. Gordon, and you had a preliminary discussion regarding the purchase and sale of Hotel California. Ms. Ramirez offered to you by phone this property for $4.3 million, excluding the furniture, and the sale was to conclude following a 45 day escrow. On January 6, 2005, you faxed Ms. Ramirez a signed letter both indicating your acceptance of her offer and your preference that the transaction close following a 60 day escrow. Although you never received a reply or confirmation from Ms. Ramirez, on January 30, 2005, you obtained a financing commitment from Bank of the West. Their conditions we re that the bank would obtain a first priority lien on the hotel property along with an unrelated undeveloped parcel of land owned by you in Lagoon Beach, Green. As you have shared with us, you acquired this land in 1984 and had managed to pay off its mortgage on November 1, 2004. However, National Bank failed to remove its lien on the property. You vigorously attempted to get National Bank to remove its lien on this property. You contacted bank officers and explained to them that the lien needed to be removed so that you could pledge the property as collateral and finance your purchase of Hotel California. Because National Bank did not remove this lien, you were unable to finance the acquisition of Hotel California. You later bought a hotel property â€Å"similarly situated† and â€Å"virtually identical† to Hotel California for $4.7 million dollars. Issue From our analysis, we find as reasonable your decision to consider pursuing legal action against National Bank for damages. You have cited National Bank as negligent for failing to follow instructions regarding the removal of a lien from the title of your Lagoon Beach property. If you proceed further to trial, a court of law will try, whether by failing to remove its lien on your Lagoon Beach property, National Bank committed the tort of negligence. Because our analysis has also raised concerns regarding your contract with the owner of Hotel California, Ms. Shirley Ramirez, we must also inform you of a second issue a court of law is likely to try. If you proceed further to trial, a court of law will try whether a legally binding, enforceable contract exists (or existed) between Ms. Ramirez and you. Keep in mind that your legal action for damages may be predicated on whether there was a contract. Roadmap In addition to listing our conclusions, recommendations, and concerns throughout this correspondence, you will find that we have analyzed the likelihood for success of your legal action against National Bank. You have expressed your desire to recover damages for your lost opportunity involving the Hotel California property. For your convenience, a complete and careful analysis has been conducted and detailed throughout this correspondence. GROUNDS OF LIABILITY You have alleged that National Bank was negligent, and you intend to recover damages from National Bank. You will have the burden of proving the prima facie case for the tort of negligence. You must cite evidence and present arguments that support your allegation of National Bank’s negligence. To successfully fulfill your burden you must show that: * Duty: The defendant (National Bank) owed you (plaintiff) a duty of due care. * Breach of Duty: Defendant’s conduct breached that duty. * Actual and Proximate Cause: Actual and proximate causation between defendant’s breach and your (plaintiff’s) injury was present. * Injury: Injured party (you) sustained injury due to defendant’s actions. If you fail to prove these elements, National Bank’s legal team may motion to dismiss your case. In this event, it is possible that your case could then be dismissed without further proceedings. However, if you successfully prove and argue all four of these elements, you must also overcome any affirmative defenses, if applicable, raised by the defendant (National Bank). These defenses are contributory negligence and assumption of risk. From our initial analysis, National Bank will be unable to raise an affirmative defense on these grounds. We will fully assess whether there are on any other legal grounds defenses that National Bank can raise. (See Other Considerations.) Remedies for Negligence If you successfully prove National Bank’s liability, you may be entitled to recover compensatory or actual damages. The damages and compensatory award amounts are determined on a case-by-case basis by the jury or judge presiding over the case. We have included a potential award amount you may be entitled to and you will find a complete discussion on how this determination is made. (See ANALYSIS OF LIABILITY – Injury.) Statutes Governing Contract Law Because the secondary issue (See Issue) and one of our concerns regarding your case is regarding your contract with Ms. Ramirez, we have disclosed applicable information from both the Green Civil Code and our legal library pertaining to 1) offer and acceptance, 2) Green’s statute of frauds, and 3) Green’s â€Å"mirror image rule.† For your convenience, we have bolded and defined legal terminology that will be reiterated in later sections of this correspondence. Offer and Acceptance An offer is the important first step in the contract formation process. A party (offeror) who makes the offer gives another party (offeree) to whom the offer is made the power to bind both parties to a contract simply by accepting the offer. Not every proposal qualifies as an offer. To distinguish an offer, courts evaluate offers on three grounds: First, they look for some objective indication of a present intent to contract on the part of the offeror. Second, they look for specificity, or definiteness, in the terms of the alleged offer. Third, they look to see whether the alleged offer has been communicated to the offeree. An acceptance is â€Å"a manifestation of assent to the terms [of the offer] made by the offeree.† In determining if an offeree accepted an offer and created a contract, a court will look for evidence of three factors: (1) the offeree intended to enter the contract, (2) the offeree accepted on the terms proposed by the offeror, and (3) the offeree communicated his acceptance to the offeror. Statute of Frauds According to the Green Civil Code,  § 1624, any contract transferring an interest in land is invalid if not accompanied by â€Å"note or memorandum.† An unenforceable contract is one that meets the basic legal requirements for a contract, but may not be enforceable because of some other legal rule. A contract for which the statute of frauds requires a form of writing, yet no writing is made, may be declared an unenforceable contract. Mirror Image Rule The traditional contract law rule is that an acceptance must be the mirror image of the offer. Attempts by offerees to change the terms of the offer or to add new terms to it are treated as counteroffers because they indicate an intent by the offeree to reject the offer instead of being bound by its terms. Now that you have an understanding of the relevant law behind the tort of negligence and contracts, and are familiar with the legal terminology of these areas, we proceed into our analysis of the facts of your case and the prima facie case for the tort of negligence. ANALYSIS OF NATIONAL BANK’S LIABILITY Should you pursue further legal action against National Bank, you will have the burden of proving the elements of the prima facie case of the tort of negligence. Below are descriptions of these elements, accompanied by our legal analysis between the facts of the case, prima facie case, and case law from our legal library. Tort of Negligence In Commercial Escrow Company v. Rockport Rebel, Inc., negligence is defined as â€Å"conduct which falls below the standard established by law for the protection of others†. Because of the similarities in the facts between the case of Escrow Company and your case, this case has been used extensively in the forming of the following arguments. We recommend using this case in satisfying your burden for your legal action. Accordingly, you must argue that National Bank’s behavior in failing to remove the lien on your Lagoon Beach property fell below the standard for public protection established by law. Further, to successfully prove negligence, you must argue that National Bank is responsible for some injury you incurred stemming from their alleged mismanagement and failure to remove the lien on your property. With your notes, the facts of your case, and documents you provided us, we have constructed tentative arguments to determine the success of your legal action. You will find these arguments beginning on the next page. Duty According to the case, Commercial Escrow Company v. Rockport Rebel, Inc., â€Å"a defendant owes a duty of care to all foreseeable plaintiffs.† For example, in cases where a â€Å"[defendant] voluntarily assumes the duty to act by promising to the plaintiff to behave in a certain way,† the defendant owes that plaintiff a duty to act with care. According to Judge Utter, a â€Å"defendant also [owes] the plaintiff a duty of care where a contractual relationship between the parties requires the defendant to act in a certain way towards the plaintiff.† Considering these rules of law, National Bank owed you a duty to act as you requested. In your previous correspondence, you indicated that National Bank is â€Å"the lender on your Lagoon Beach property.† You also submitted to us a copy of your deed of trust. To reiterate â€Å"the language in the deed of trust† as part of your contractual relationship with National Bank, National Bank was supposed â€Å"to promptly record a reconveyance of its lien on [your] property upon payment in full of the underlying loan.† Because National Bank failed to do this, we find it foreseeable that you would be prevented from using the property as collateral for your hotel acquisition. Additionally, you also mentioned that you â€Å"vigorously attempted to get†¦ National Bank to remove its lien on [your] property, but to no avail† and despite â€Å"repeated assurances from various officers.† Because National Bank officers assured and essentially promised you that they would remove the lien on your property, National Bank voluntarily assumed a duty to you, if no duty had been present beforehand. In essence, the assurances made to you to process your request indicate that National Bank voluntarily assumed, and therefore owed you, a duty of due care to act as you requested. In light of these arguments, we assure you that you should successfully satisfy this first element – duty – of the prima facie case of the tort of negligence. Breach of Duty According to Commercial Escrow Company v. Rockport Rebel, Inc., in order for a plaintiff to prove negligence, the â€Å"plaintiff is required to show †¦that [the defendant] had breached [defendant’s] duty of care to the plaintiff.† In most cases, a defendant owes a plaintiff a duty to act as would a reasonable person under similar circumstances. In the case of Escrow Company, the Court found that â€Å"in performing services for a client, [the] escrow company has the duty to strictly follow instructions.† Like an escrow company, a financial institution like National Bank most likely has a duty to strictly follow instructions drafted in a deed of trust, or part of a loan or other financial instrument. Because officers on behalf of National Bank did not follow instructions and terms of behavior involving you (as lendee) and National Bank (as lender) detailed in your property’s deed of trust, you may successfully argue that National Bank breached its duty to you. According to our copy of your deed of trust you provided us, National Bank was required to â€Å"promptly record a reconveyance of its lien on the property upon payment in full of the underlying loan.† You had managed to pay off the mortgage on this property on November 1, 2004. Despite this, National Bank failed to remove its lien, even after you requested. Because officers at National Bank did not strictly follow this instruction, National Bank breached the duty of due care owed to you. Causation Satisfying the prima facie case for the tort of negligence also requires that a plaintiff prove that there is a connection (or actual causation) between the alleged breach of duty by defendant and injury suffered by plaintiff. As in the case of Commercial Escrow Company v. Rockport Rebel, Inc., courts assess the existence of a connection between breach and injury by determining whether injury would have occurred if not for breach. A court would employ a similar test in your case. Because National Bank failed to remove the lien on your property, you did not satisfy terms of the loan commitment with Bank of the West and could not secure financing for your acquisition of Hotel California. We find that there is a casual connection. Courts also evaluate the proximate cause (causation) between a defendant’s breach of duty and a subsequent injury suffered by a plaintiff. Proximate causation refers to whether the defendant’s breach of duty and subsequent injury suffered by the plaintiff was foreseeable. Because you vigorously attempted to have officers at National Bank remove its lien on your property and informed them that you needed the lien removed in order to pledge the property as collateral, we find that your injury of loss of opportunity to acquire the hotel property was foreseeable. Injury The final element you must prove to satisfy the prima facie case for the tort of negligence is whether you have suffered injury because of National Bank’s alleged negligence. Due to National Bank’s failure in removing the lien on your Lagoon Beach property, the transfer of ownership agreement of Hotel California between you and Ms. Ramirez allegedly collapsed. Later, you purchased a â€Å"similarly situated† and â€Å"virtually identical† hotel property for $4.7 million, $400,000 more than what you would have paid for Hotel California ($4.3 million). In essence, National Bank’s alleged negligence caused you to incur an opportunity cost of $400,000. This loss of opportunity is under the assumption that a valid, enforceable contract existed between you and Ms. Ramirez. SUMMARY Because National Bank breached its duty by failing to remove its lien on your property, you were unable to secure financing for a $4.3 million acquisition of Hotel California. However, you later purchased a â€Å"virtually identical† property for $4.7 million. You may be entitled to the difference. DEFENSES AGAINST LIABILTY In this portion of this report, we detailed any applicable defenses relevant to your case, and outlined other considerations and concerns we advise you to consider. Although we have found that affirmative defenses to National Bank’s negligence are inapplicable to the particular facts of your case, we have other concerns to discuss. Other Considerations It is the opinion of Legal Eagles, LLP, that National Bank may argue that regardless of whether it removed the lien on your Lagoon Beach property, indefinite would be the transfer of ownership of the hotel property from Ms. Ramirez to you. As our analysis showed, you may successfully prove that National Bank had a duty to remove the lien on your property and subsequently breached that duty by failing to adhere to this instruction. If the failure to remove the lien on your property can be proven to have caused you damage(s), we will advise you to pursue further legal against National Bank. But first we must evaluate the documents you provided us and later the validity of the binding contract between you and Ms. Ramirez. Analysis of Income We have completely revalued the hotel property, Hotel California you were interested in. We used the same method(s) and approaches that most banks in our region would use to appraise the value of hotel properties. The expected value approach places weights on appraisals from two methods. First, we multiplied the past two years’ average gross margin by four. This holds a weight of 40%, because it is expected to be accurate 40% of the time. The value we derived from this method came to $2,462,380.00. Next, we took the present value of the average of the past three years’ cash flows, discounted at an 8% discount rate for 10 years. This method holds a 60% weight. The value derived from this method comes to $2,505,589.13. Our final step is to assign the correct weight to each method and sum the two figures. We can therefore conclude that the Hotel California’s appraisal value is $2,488,305.48. In addition to this, it is acceptable for a company to sell what is known a s â€Å"goodwill.† That is why the listed price of 2.5 million dollars was overstated by $11,694.52. We know that the bank would only allow you to borrow up to the appraised value, $2,488,305.48, unless you either pay 25% of the purchase in cash, or pledge to the bank a first priority lien on the vacant land as collateral. We also know that the latter option was not possible, so we will consider the former. We conclude that 25% of the purchase price of $4.3 million is $1,075,000. Because you were able to only provide $500,000 in cash for a down payment, you did not meet the requirements to borrow more than $2,488,305.48 from the bank, without pledging the vacant land. Hypothetically, if you had decided to borrow $2,488,305.48 from the bank, plus your $500,000 down payment, you would have had $2,988,305.48. This amount still would not have been enough to purchase the Hotel California property offered at $4.3 million dollars. Consequently, we conclude that without pledging the vacant land as collateral, there was no way you could have borrowed enough money to make the purchase. Even though the appraised value was not enough for you to borrow a sufficient amount of money from Bank of the West, we believe the appraised amount you were given was not accurate. There are two reasons why we believe Desert Mirage Accounting should not have relied on the income statement and footnote provided by Ms. Ramirez’s accountant. The first problem lies in the way the accountant prepared the income statement. Mr. Babak Gordon calculated gross profit by taking revenue minus cost of revenue. This method is only used for retailers and manufacturing companies, whereas Hotel California is a service company. The second problem is the verifiability of the financial statements and reliability of the accountant. To be credible, financial statements must follow generally accepted accounting principles (GAAP). A financial statement that follows GAAP must be accompanied by a signed opinion letter. The letter can be in the form of: 1) Compilation letter Finally, this letter must be signed by a certified public accountant (CPA). Because the income statement of Hotel California does not come with any signed opinion letter, we cannot verify its accuracy. Therefore, Desert Mirage Accounting should not have relied on that income statement and footnote information to make the evaluation. In our initial observation of your case, we assumed National Bank’s failure to remove its lien from your Lagoon Beach property caused you to forfeit your opportunity to purchase the Hotel California property. As illustrated by our calculations above, you could not have financed the acquisition of Hotel California without pledging your Lagoon Beach property as collateral. However, after conducting a thorough analysis of your case, we regret to inform you that you may not be able to prove damages stemming from National Bank’s failure to remove its lien from your property. Even though National Bank may have breached its duty to you, National Ba nk could argue that your contract with Ms. Ramirez is invalid or unenforceable. In the event that you do not have a valid or enforceable contract, you are not legally entitled to the Hotel California property or other legal remedies. In essence, regardless of whether National Bank’s negligence can be proved, a transaction between Ms. Ramirez and you might not have occurred if a binding contract did not exist. We will clarify and explain this finding in the next section. Offer and Acceptance Analysis From our analysis, coupled with case law from our case library, we have found that there was no contractual arrangement between you and Ms. Ramirez. In arriving at this finding, we took into account the facts surrounding your case. There are key elements that prevent the institution of a contract, for the purchase of real estate, between you and Ms. Ramirez. In reaching this finding, we referred to the case of Cayetano J. Apablasa v. Merritt & Company from our case library. In this case, the Court evaluated a plaintiff’s action for damages resulting from an alleged breach of contract. This plaintiff’s action for damages depended on whether there was an existing contract. The Court found that â€Å"no reasonable construction of evidence† admitted a binding contract between the parties; and that the correspondence that was provided to the Court amounted to â€Å"nothing more than an offer that was never accepted.† In essence, at the conclusion of the plaintiff’s case, the Court’s judge â€Å"entered a judgment decreeing that no contract was entered into, existing, or was ever executed.† Similar to your case, in Cayetano v. Merritt, the initial reply to the offeror’s offer by the offeree did not constitute an acceptance, contrary to what the offeree had thought. The offeree had included a â€Å"proviso† in his perceived acceptance letter to the offeror. In light of this, the Court found that terms proposed in an offer â€Å"must be met exactly, precisely and unequivocally for its acceptance to result in the formation of a binding contract.† This decision supplements our discussing regarding Green’s â€Å"mirror image rule† below. (See Regarding Mirror Image Rule.) Additionally, the Court stated that â€Å"[t]he addition of any condition†¦ is tantamount to a rejection of the original offer and the making of a counteroffer.† In essence, the Court’s decision can be summarized by the following: â€Å"[w]here a person offers to do a definite thing and another introduces a new term into the acceptance, his answer is a mere expression of willingness to negotiate or is a counter proposal, and in neither case is there a contract; if it is a new proposal and it is not accepted it amounts to nothing.† Regarding Green’s Statute of Frauds A key element that is missing in the proof of a contract is that your agreement with Ms. Ramirez was not in writing. The Green Civil Code requires that in order for a contract involving the sale of real property, to be valid, the agreement must be in writing and signed by the party to be charged or by the party’s agent. In your situation, Ms. Ramirez made her initial offer orally over the phone and you replied by a signed fax. There was never a written offer or contract signed by Ms. Ramirez. Therefore, a court of law would most likely find the contract between you and Ms. Ramirez as unenforceable. Even if the alleged contract did not have to be in writing and could be enforceable, there are other additional concerns we have: Regarding the Mirror Image Rule In a situation, such as the one you were in, a proper acceptance must meet the â€Å"mirror image rule.† This rule states that in order for an offeree to properly accept an offer, the offeree must accept the exact offer that was established by the offerer. When reviewing your case, we found that you had intent to accept Ms. Ramirez’s offer, but in your attempt to accept the offer, you added a different term to the agreement. In her offer, Ms. Ramirez required that â€Å"[t]he sale was to conclude following a 45-day escrow.† However, in your reply, you stated that you â€Å"would like to close escrow within 60 days.† A court of law would find that by changing the terms of Ms. Ramirez’s offer, you fail to meet the â€Å"mirror image rule,† and therefore terminated Ms. Ramirez’s initial offer and proposed a counteroffer. Documents you provided us detailing your correspondence with Ms. Ramirez indicate no communication on her part in accepting your counteroffer. Summary We must mention that had there been a contract between Ms. Ramirez and you, you may have been the subject of legal action by Ms. Ramirez. If we assume there was an actual contract between Ms. Ramirez and you with either the 45 day or 60 day escrow term, Ms. Ramirez could have pursued legal action and you could be liable for having breached your contract for your failure to deliver on your promise. You entered into the alleged contract with Ms. Ramirez on January 6, 2005. Regardless of whether there was an agreement for a 45 day escrow or a 60 day escrow term, you failed to secure financing in either time frame. Approximately 80 days after entering the alleged contract with Ms. Ramirez, on March 28, 2005, you contacted Ms. Ramirez to request an extension. The fact that you have no pending legal action brought by Ms. Ramirez may suggest that Ms. Ramirez did not view the arrangement with you as a binding contract. We reiterate that neither party had a binding, enforceable contract. CONCLUSION Ms. Warren, we regret to inform you that success with your legal action is unlikely. There is a high chance you will be unsuccessful, should you purse a legal action against National Bank on the grounds of the tort of negligence. National Bank failed to remove the lien on your Lagoon Beach property, violating the duty of due care owed to you, and disrupting your ability to secure financing for your entrepreneurial endeavor. However, the question of law of whether there was a valid, enforceable contract between you and Ms. Ramirez, is the decisive issue. As our analysis has indicated, a court of law will most likely try the issue of whether there was a binding contract. Thus without the binding contract between you and Ms. Ramirez involving her offer for the hotel (Hotel California), a judge or jury in a court of law cannot rely on how much you would have paid to make a compensatory damages determination. In other words, because your action for damages is predicated on a contract between you and Ms. Ramirez, your damages cannot be established and you incurred no loss of opportunity. Without the loss of this opportunity cost, you have not suffered any injury due in part to National Bank’s negligence. RECOMMENDATIONS Ms. Warren, as Associate Partner of Legal Eagles, LLP, I oversaw the analysis of my legal team and validated their conclusions and findings. In light of the findings of our analysis, I foremost recommend that you consider the following course of action: * Please, do not pursue further legal action against National Bank regarding this cause of action and issue. It is my opinion and the opinion of Legal Eagles, LLP, that pursuing further legal action regarding this issue, considering our evaluation of your case, will result only in additional expense on your part including legal and attorney fees and your time. You will also not receive the resolution that you would like making the process inherently dissatisfying and frustrating. With this in mind, there is another course of action I do recommend. Because you have already attempted to resolve your issue with National Bank regarding the lien on your Lagoon Beach, Green property, you are entitled to contact the regulatory agency of your former bank. All national banks within the state of Green are regulated by different agencies. If National Bank’s lien remains on your property, I recommend you pursue this alternate course of action: * Contact the appropriate state of Green regulatory agency of your financial institution (National Bank) and file a complaint. Your bank’s regulatory agency can help you with your concerns and complaints. There are many regulatory agencies in the state of Green’s banking industry. For your convenience, the appropriate regulatory agency of your former bank, and its details have been listed: According to the Federal Financial Institutions Examinations Council (for additional information visit www.ffiec.gov), National Bank’s regulator is the Office of the Comptroller of the Currency (for additional information please visit www.helpwithmybank.gov). You can visit and reach this regulatory agency online or by phone at (800) 613-6743. The Office of the Comptroller will assist you in getting answers and solutions to your questions and concerns. You can also file complaints against your bank, here. If you decide to proceed with filing a complaint, officials from the Office of the Comptroller will contact National Bank on your behalf regarding your issue for a response. You will then receive a let ter summarizing the results. Those who have sought our legal advice and even had similar experiences as you with National Bank as well have reported that intervention by a regulatory agency expedited the process and liens were eventually removed. We are confident that you have the tools to resolve this issue. ——————————————– [ 1 ]. The elements of the prima facie case of the tort of negligence are duty, breach of duty, actual and proximate cause, and injury. [ 2 ]. COMMERCIAL ESCROW COMPANY AND JAMES DE MIK, APPELLANTS, v. ROCKPORT REBEL, INC., APPELLEE. 778 S.W.2d 532; 1989 Tex. App. LEXIS 2263 [ 3 ]. CAYETANO J. APABLASA, Appellant, v. MERRITT & COMPANY (a Corporation) et al., Respondents. 176 Cal. App. 2d 719; 1 Cal. Rptr. 500; 1959 Cal. App. LEXIS 1542 Analysis and Consequences of Legal Action(S). (2016, Mar 24). We have essays on the following topics that may be of interest to you

Sustainnability through markrting Essay Example | Topics and Well Written Essays - 1500 words

Sustainnability through markrting - Essay Example While dictating a broad range of guidelines (both legal and quasi-legal) to the governments and the corporate sector towards exercising discretion and good-sense in their utilization of the natural resources for development, the idea of sustainability also carried an immense potential for marketing and image projection for organizations. Organization that have taken steps to assimilate the sustainability issues in their governance and policies are able to reap the benefits of efficiency in their processes, as well as garner an image of good corporate citizenship that’s priceless in terms of their brand equity. Organizations that continue to take a traditionalist view of their stakeholders’ aims as one of wealth or profit maximization are oblivious to the veritable goldmine of benefits that a sustainability-focused marketing strategy can bring. StoraEnso, an integrated paper, packaging and forest products company, is leading the way to success through its sustainability initiatives, and serves as an apt example under the present discussion. The paper giant is placed in an industry that is increasingly looked down upon for the adverse impact that its operations have on the environment. With environmentalists and local communities bitterly fighting against the felling of trees and the threat of ecological imbalance, and governments vacillating between the profitability and community pressures, the paper industry has more on its plate than just the need to streamline its operations. StoraEnso has however changed this threat into an opportunity – by promptly incorporating the social and environmental sustainability commitments into its vision and mission, it is able to make foray into newer markets in addition to consolidating its position as a market leader in the existing markets. Instead of observing the local communities as enemies and environmentalists as blackmailers, StoraEnso believes in acknowledging their concerns, and working with them as