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ERAU Uniform Commercial Code the Elements Needed to Form a Contract Case Study

ERAU Uniform Commercial Code the Elements Needed to Form a Contract Case Study.

CASESally calls about an urgent issue with her catering company (Gravy Train, LLC) contract with the federal government. Her usual supplier was hospitalized and could not ship her weekly order needed to service her military accounts. Sally was referred by General Messhall to a different supplier to fill the order. Sally faxed her standard pre-printed order form to the new supplier for $17,642.54 worth of goods. The order form contained the foodstuff, quantity, payment terms, and the amount listed on the front and the usual boilerplate terms on the back. Within two days, Sally received the order from the substitute supplier. The supplier also sent his pre-printed invoice form with the supply delivered on the front and different boilerplate terms than Sally’s invoice on the back that also contained a payment term penalty. Jack’s business form included a price differential for $20,642.54, a three-thousand dollars price increase over Sally’s invoice. When Sally received the goods the next day, she immediately put them in cold storage. That same day Sally received a call from someone that identified himself as, “Jack, the Substitute Supplier.” Jack stated, “Ehey! Dis is Jack, the Substitute Supplier.” I want to inform you that your payment for the shipment is overdue, and “cause you’re late; the Vig rate is an additional $3,000 per day plus the base price.” Sally said Jack told her to review his invoice, which stated that a penalty of $3,000 per 12 hours default nonpayment surcharge attaches for late payments.Sally retorts, “yea well, I don’t accept.” She instantly retrieved his invoice and read the terms on the back of the invoice and realized that the supplier’s form did have payment terms demanding payment for delivery of goods within 12 hours of delivery. That calculated out to be $6,000 over her regular invoice price and another $3000 due in 12 hours. Sally noted that her form had a different term for payment that gave her 30 days net payment. Jack, the substitute supplier, told Sally before hanging up that if he doesn’t receive his cash, plus any penalties due, he was going to file a lawsuit immediately for breach of the terms of his delivery order.Sally retrieves her form and compares the two order forms side by side. She notes a substantial difference in the boilerplate terms but notes other conditions are similar but noticeably different enough to make the effect substantially unfavorable to her. Jack’s form matches the goods requested, listed the correct quantity, and the delivery terms were the same as her form required. Jack’s standard terms (often called “boilerplate”) were utterly unreasonable and one-sided not matching hers at all. He had the right to substitute non-conforming goods, did not warrant the quality of the products. His form demanded that dispute resolution through mandated arbitration to determine any dispute unless it involved the interpretation of a price term. Since the issue involved pricing, Jack could sue in Federal Court in his state based on diversity.Is it normal to use purchase and acceptance order forms for commercial goods without a signed contract? It is very normal to use order forms without a signed contract in commercial transactions. Purchase/acceptance orders are fast and cover essential information and requirements of merchants. Contracts take time, and the process does not always result in an agreement, nor are contracts completed on time once the lawyers are involved. With merchants, time is of the essence; they need it now! Purchase orders, while written by a lawyer, do not have the benefit of a lawyer’s oversight when there are crossing forms designed to expedite a commercial transaction now. As a result, the merchants don’t end up with signed contracts. The question is, at what point is a contract formed, if at all, and what are the terms? Purchase order disputes continuously end up in litigation. These cases are very fact-specific, with the result determined by the specific transaction in question. The ultimate issue with competing purchase order form terms and no signed contract, is “what’s enforceable?”Sally asks that you advise her if the supplier is trying to rip her off or if there is simply a misunderstanding. She believes she is in the right because it was her order and invoice. She states she never agreed to the terms of his invoice, and it appears that Jack has agreed to her terms because he sent the supplies.Based on the information Sally has provided, prepare an IRAC formatted response outlining the issues answering the questions below:Questions:This question has four parts:What are the elements needed to form a contract?Is an agreement enforceable?What is a “Purchase Order?How would you characterize the terms of a Purchase Order?Is there a difference between a purchase order (Invoice) and a contract? If so, what is different between the two?Are Purchase Orders (Invoices) controlled under Contract law or the Uniform Commercial Code (UCC)?Is there an advantage of a contract over an invoice? If so, what are the advantages and disadvantages of each instrument?Under the facts of this case study, how many transactions are there, one or two transactions? Explain?How or when is an enforceable agreement formed in contract negotiation? How about with Purchase Orders (Invoices), when is an enforceable agreement established under the UCC? Is there a binding agreement in this case? Why or why not?What facts are in Sally’s favor of canceling the order?What facts are in Jack’s favor in enforcing payment?In Contract Law, you must have a meeting of the minds before there is an enforceable agreement or, the Acceptance must match the Offer. What is this Contract Rule called?Common-Law Contracts require that the Acceptance must not add or change any terms of an offer. What is it called when an Acceptance of an Offer changes terms of the Offer?In this case, is there a meeting of the minds under the UCC using Invoices that differ in terms? Explain.Have the parties formed a contract? If so, what are the enforceable terms? If not, how should this dispute be resolved?What should Sally do to show she did not accept the goods? Has she accepted the goods? Explain?Supplemental Material https://www.lexisnexis.com/lexis-practical-guidanc…
ERAU Uniform Commercial Code the Elements Needed to Form a Contract Case Study

Aspen University Ethical Codes and Regulations Discussion and Essay

Aspen University Ethical Codes and Regulations Discussion and Essay.

PART I Discussion Question:Describe two historical events that have influenced the development of ethical codes and regulations for nursing and healthcare research. Explain how each event has impacted ethical codes and regulations.Your initial posting should be at least 400 words in length and utilize at least one scholarly source other than the textbook.PART IIAssignment:Ethics and Evidence-Based ResearchWrite a 1250-1500 word essay addressing each of the following points/questions. Be sure to completely answer all the questions for each bullet point. There should be three main sections, one for each bullet below. Separate each section in your paper with a clear heading that allows your professor to know which bullet you are addressing in that section of your paper. Support your ideas with at least two (2) sources using citations in your essay. Make sure to cite using the APA writing style for the essay. The cover page and reference page in correct APA do not count towards the minimum word amount. Review the rubric criteria for this assignment.Part 1: Describe why ethical safeguards designed for clinical research may not be feasible or appropriate for evidence-based practice or evidence-based practice implementation projects.Part 2: Review the sectioned headed, Two Ethical Exemplars in Chapter 22 of the textbook (Melnyk and Fineout-Overholt, 2015, pages 518-519). Discuss three main ethical controversies related to implementing Evidence-Based Quality Improvement (EBQI) Initiatives. Describe how these controversies relate to the four core ethical principles.Part 3: Identify which ethical principles may be in conflict with the concept of “patients having an ethical responsibility in improving healthcare.” Discuss how these conflicts may be resolved.
Aspen University Ethical Codes and Regulations Discussion and Essay

SUNY Old Westbury Computer Science Cross Platform Technologies Reflection

python assignment help SUNY Old Westbury Computer Science Cross Platform Technologies Reflection.

I’m working on a computer science question and need guidance to help me understand better.

OverviewThroughout this course, you have learned about a number of cross-platform technology concepts pertaining to virtualization, cloud-based architecture, artificial intelligence, and the internet of things. For this assignment, you will reflect on what you learned throughout this course, and the personal and societal implications of these technologies.PromptFor this assignment, reflect on the following:
Are you more aware of the impact that cross-platform technologies has on your daily life?
Have you changed the way you view or do something in either your personal or professional life based on a new understanding of a concept?
What was the most significant concept that you learned?
Were there any shifts in your understanding of a particular concept? If so, what was that concept and how did it change?
What is the greatest societal benefit from having these cross-platform technologies in private and professional life?
What is the most concerning societal implication of having these cross-platform technologies in private and professional life?
SUNY Old Westbury Computer Science Cross Platform Technologies Reflection

Database design, computer science assignment help

Database design, computer science assignment help.

I need help with the following: The project introduction, Business
Requirements, and Gantt Chart (project plan) that I submitted for this
project are attached in the zip file.I need help with coming up a design document and revise the Gantt chart. The requirements are below. No plagiarism. Thanks.This assignment consists of two (2) sections: a design document and a revised Gantt chart or project plan. You must submit both sections as separate files for the completion of this assignment. Label
each file name according to the section of the assignment for which it
is written. Additionally, you may create and / or assume all necessary
assumptions needed for the completion of this assignment.One (1)
of the main functions of any business is to transform data into
information. The use of relational databases has gained recognition as a
standard for organizations and business transactions. A quality
database design makes the flow of data seamless. The database schema is
the foundation of the relational database. The schema defines the
tables, fields, relationships, views, indexes, and other elements. The
schema should be created by envisioning the business, processes, and
workflow of the company.Section 1: Design Document1. Write a five to ten (5-10) page design document in which you:a. Create a database schema that supports the company’s business and processes.b. Explain and support the database schema with relevant arguments that support the rationale for the structure. Note: The minimum requirement for the schema should entail the tables, fields, relationships, views, and indexes.c.
Create database tables with appropriate field-naming conventions. Then,
identify primary keys and foreign keys, and explain how referential
integrity will be achieved.d. Normalize the database tables to third normal form (3NF).e.
Create an Entity-Relationship (E-R) Diagram through the use of
graphical tools in Microsoft Visio or an open source alternative such as
Dia. Note:The graphically depicted solution is not
included in the required page length but must be included in the design
document appendix.f. Explain your rationale behind the design of your E-R Diagram.g.
Create a Data Flow Diagram (DFD) through the use of graphical tools in
Microsoft Visio or an open source alternative such as Dia. Note: The
graphically depicted solution is not included in the required page
length but must be included in the design document appendix.h. Explain your rationale behind the design of your DFD.i. Create at least two (2) sample queries that will support the organizational reporting needs.j. Create at least two (2) screen layouts that illustrate the interface that organizational users will utilize.Your assignment must follow these formatting requirements:Be
typed, double spaced, using Times New Roman font (size 12), with
one-inch margins on all sides; citations and references must follow APA
or school-specific format. Check with your professor for any additional
instructions.Include a cover page containing the title of the
assignment, the student’s name, the professor’s name, the course title,
and the date. The cover page and the reference page are not included in
the required assignment page length.Include charts or diagrams
created in MS Visio or Dia as an appendix of the design document. All
references to these diagrams must be included in the body of the design
document.Section 2: Revised Gantt Chart / Project PlanUse Microsoft Project or an open source alternative, such as Open Project, to:2.
Update the Gantt chart or project plan (summary and detail) template,
from Project Deliverable 2: Business Requirements, with all the project
tasks.
Database design, computer science assignment help

1. The role of privacy is important and controversial in today’s society. What more needs to be done to ensure privacy while online? For example, do you feel laws are enough? Your response must be a m

1. The role of privacy is important and controversial in today’s society. What more needs to be done to ensure privacy while online? For example, do you feel laws are enough? Your response must be a m. The role of privacy is important and controversial in today’s society. What more needs to be done to ensure privacy while online? For example, do you feel laws are enough? Your response must be a minimum of 100 words in length. 2. If you were a part of the C-level management team of an organization, would you allow employees to use their computers for personal reasons? Why, or why not? Your response must be a minimum of 100 words in length. 3. Explain why the best value is the replacement cost instead of lost income when evaluating the worth of information asset to the organization. Why is the replacement cost more important than loss of income? Your response must be a minimum of 100 words in length. 4. What program would you use to ensure that all employees within the organization develop a sense of a security culture in which everyone knows and reads the policies, standards, and procedures? Why is this so important? Explain.Your response must be a minimum of 100 words in length. 5. For a risk assessment, what rating system would you most likely use for a “likelihood value of a vulnerability” for the organization? Explain why you chose your rating system.Your response must be a minimum of 100 words in length. 6. The National Institute of Standards and Technology (NIST) contains many documents that have been developed by many industries and other agencies that provide resources for technological advancement, metrics, and standards. What, in your own words, is the reason for the NIST Cybersecurity Framework?Your response must be a minimum of 100 words in length. 1. The role of privacy is important and controversial in today’s society. What more needs to be done to ensure privacy while online? For example, do you feel laws are enough? Your response must be a m