cases: 36-7
JUDGMENT
Jesse Derr (defendant) should bear personal responsibility. When the agent interacts with a third party, if the third party knows that the agent is acting for the principal, but does not notify the principal’s identity, the principal’s identity is unknown. (Restatement (Third) of Agency, § 1.04 comment b (2006)). Jesse Derr (defendant), as the client, did not disclose information about himself as client to Treadwells (plaintiff). According to the law, Jesse Derr (defendant) should be personally responsible for the performance of the contract signed by the non-existent client JD Construction, Co., Inc.
LEGAL PRINCIPLE
Issue
Whether the court should sign a contract and claim to act on behalf of a corporate entity that he knows does not exist, whether to bear personal liability contracts for damages caused by failure to perform the contract correctly.
Holding
Affirmative
Reasoning
General Analysis
Jesse Derr (defendant) created JCDER Inc. to run his construction business, but without informing Maine’s Secretary of State, J.D. Construction Co. Inc was used as the company name to conduct his business. When accepting the business of Treadwells (plaintiff), Jesse Derr (defendant) hired a subcontractor to carry out the work. However, when the company did not make money, Jesse Derr (defendant) chose to give up his job, resulting in the lack of Treadwells’s house. Completed and caused losses. Jesse Derr (defendant) did not inform Treadwells (plaintiff) that he was an agent of JCDER Inc. while acting as an agent but concealed his identity as an agent. However, when the agent interacts with a third party, if the third party knows that the agent is acting for the principal, but does not notify the identity of the principal, the identity of the principal is unknown. Jesse Derr (defendant) should be held responsible.
Applied Analysis
Jesse Derr (the defendant) concealed from Treadwells (the plaintiff) that he was an agent of J.D. Construction Co. and JCDER, in violation of the agent law, and a third party should be made aware of the identity of Jesse Derr’s agent. Jesse Derr (the defendant) caused huge losses to Treadwells (the plaintiff). Should abide by the agency law, disclose the identity of his agent to Treadwell (plaintiff) and assume personal responsibility.
JUDGMENT
Jesse Derr, J.D. Construction Co. and JCDER (the defendant) should share the responsibility. According to the agent law, they concealed the identity of Jesse Derr as an agent from each other. In addition, J.D. Construction Co. and JCDER profited from this behavior, and Jesse Derr shall bear full personal responsibility for the losses caused by Treadwells.
Chapter 36
cases: 36-11
JUDGMENT
Synergies3 and DIRECTV shall not be liable for compensation. First of all, the behavior of McLaughlin and Castro is personal and does not bring benefits to the employer, nor is it something that the employer tacitly approves. There is no evidence that the theft or conversion was for the benefit of Synergies3 or DIRECTV or to promote their benefit. Synergies3 and DIRECTV have no direct or indirect responsibility. McLaughlin and Castro should compensate Corvo and Bonds separately.
LEGAL PRINCIPLE
Issue
Whether the court should rule on the employer when it is unaware of the personal behavior of the employee?
Holding
No
Reasoning
General Analysis
Corvo and Bonds sued McLaughlin, Castro, DIRECTV and Synergies3 Tec Services. They believe that McLaughlin and Castro were stealing and conversions with the acquiescence of their employers. But the actions of McLaughlin and Castro were carried out without the employer’s knowledge and did not generate benefits for DIRECTV and Synergies3. DIRECTV and Synergies3 should not be held indirectly or directly responsible for the personal actions of McLaughlin and Castro.
Applied Analysis
When McLaughlin and Castro stole, it was their personal behavior. It was an act that was carried out suddenly while doing work, and there was no plan. Moreover, this violated the direct order of the employer and did not get the acquiescence of the employer. They steal for their own benefit, but the employer will not profit from the theft. Therefore, there is no indirect or joint liability.
JUDGMENT
McLaughlin and Castro should compensate Corvo and Bonds and be responsible for the theft. This is their personal behavior. At the same time, they also violated the contract signed with the employer. DIRECTV and Synergies3 do not need to pay additional compensation for employees’ personal actions in breach of contract, because they did not profit from this matter, so there is no indirect liability.
problem cases: 2
Ms. Opp will lose the case. Ms. Opp believes that Soraghan has not obtained her consent to the limitation of liability. Because Mr. Opp signed the contract but did not consult Ms. Opp’s opinion on limitation of liability. According to the illinos law, there is a two-part test for determining whether a principal-agent relationship exists: the principal must have the right to control the manner and method in which work is carried out by the alleged agent. Obviously, Ms. Opp has the right to control the way and methods of Mr. Opp’s actions related to property transportation, so there is an agency relationship between them. When the third party has reason to believe that the principal has authorized the agent to act as its agent, the agent has the authority.
problem cases: 3
According to the relationship of the third party, one party appoints the other party to carry out its business activities. Party A who entrusts Party B is called the principal, and Party B who entrusts Party B to conduct business operations of the principal is the agent called the principal. In the relationship with a third party, the principle is that the principal completes the work from the agent, and the agent gets paid for his work. In the relationship with a third party, in principle, the principal is fully responsible for the agent’s actions. In this case, PD is AQ’s agent, and AQ must bear the losses caused by his agent PD. Therefore, the insurance company shall not be liable to claim compensation from AQ after knowing the facts. So, Virginia Surety is right.[supanova_question]
Procrastination and Stress
I need help incorporating Statistical Results into my Paper. Results section need to show if procrastination and stress related. Does Academic procrastination and effects student stress levels. graph and tables need to be shown[supanova_question]
The Initial Research Question How has YouTube created excellence in the manner
The Initial Research Question
How has YouTube created excellence in the manner that humans share ideas?
The Sources List
Albarracin, Dolores, et al. “Misleading Claims About Tobacco Products in YouTube Videos: Experimental Effects of Misinformation on Unhealthy Attitudes.” Journal of Medical Internet Research, vol. 20, no. 6, 2018, pp. 1-10.
Buntain, Cody, et al. “YouTube Recommendations and Effects on Sharing Across Online Social Platforms.” Proceedings of the ACM on Human-Computer Interaction, vol. 5, no. 11, 2021, pp. 1-26.
Cunningham, Stuart, and David Craig. “Being ‘really real’ on YouTube: authenticity, community and brand culture in social media entertainment.” Media International Australia, vol. 164, no. 1, 2017, pp. 71-81.
Duffett, Rodney. “The YouTube Marketing Communication Effect on Cognitive, Affective and Behavioural Attitudes among Generation Z Consumers.” Sustainability, vol. 12, no. 5075, 2020, pp. 1-25.
Duffett, Rodney, et al. “Effect of YouTube Marketing Communication on Converting Brand Liking into Preference among Millennials Regarding Brands in General and Sustainable Offers in Particular. Evidence from South Africa and Romania.” Sustainability, vol. 11, no. 604, 2019, pp. 1-24.
Eke, Ransome, et al. “Viewing Trends and Users’ Perceptions of the Effect of Sleep-Aiding Music on YouTube: Quantification and Thematic Content Analysis.” Journal of Medical Internet Research, vol. 22, no. 8, 2020, pp. 1-10.
Fry, Naomi. “James Charles and the Odd Fascination of the YouTube Beauty Wars.” The New Yorker, 15 May 2019, www.newyorker.com/culture/culture-desk/the-odd-fascination-of-the-youtube-beauty-wars.
Hoang, Lê N. “Science Communication Desperately Needs More Aligned Recommendation Algorithms.” Frontiers in Communication, vol. 5, no. 598454, 2020, pp. 1-6.
Leskin, Paige. “YouTube is 15 Years Old. Here’s a Timeline of How YouTube Was Founded, Its Rise to Video Behemoth, and Its Biggest Controversies Along Way.” Business Insider, 30 May 2020, www.businessinsider.com/history-of-youtube-in-photos-2015-10?r=US&IR=T.
Möller, A. M., et al. “Exploring User Responses to Entertainment and Political Videos: An Automated Content Analysis of YouTube.” Social Science Computer Review, vol. 37, no. 4, 2018, pp. 510-528.
Peet, Lars. “The Secret of UFC’s Successful YouTube Channel | Team5pm.” Team5PM, 25 June 2021, team5pm.com/2021/05/26/ufc-success-youtube-blog-2021/.
Perez, Sarah. “A New YouTube Feature Will Make Its Connected TV Ads More Shoppable – TechCrunch.” TechCrunch, 4 May 2021, techcrunch.com/2021/05/04/a-new-youtube-feature-will-make-its-connected-tv-ads-more-shoppable/.
Schwemmer, Carsten, and Sandra Ziewiecki. “Social Media Sellout: The Increasing Role of Product Promotion on YouTube.” Social Media + Society, vol. 4, no. 3, 2018, pp. 1-20.
Wardhani, Ariani K., and Dearna K. Chen. “The Effect of Youtube Media of Online Review, Visualization and Trust on Intention To Buy Smartphone.” Mix: Jurnal Ilmiah Manajemen, vol. 11, no. 1, 2021, pp. 36-46.
Areas where I need Help
There are different questions and areas where I might need help. To start with, it is sifting through a huge amount of information to determine what should be included in the research and what ought to be omitted. That will ensure the information included is relevant and gives out actionable results. Secondly, I need help in determining whether a source offers an objective view of the impact created by YouTube in terms of information sharing. Notably, some sources offer a biased view and hence impact the accuracy of the research negatively. The biased sources are often written by people who have vested interests. Thirdly, I need help in summarizing the information into something that can be included in the research. Some sources provide too much detail, and hence it is an uphill task to condense the information into something that can be used in the study[supanova_question]
NOTES from Videos smarthistory.org Donatello’s David For this video: https://smarthistory.org/donatello-david/ this should
Writing Assignment Help NOTES from Videos smarthistory.org
Donatello’s David
For this video: https://smarthistory.org/donatello-david/ this should be your first sentence:
In this video on smarthistor.org, entitled “Donatello, David,” two art historians Dr. David Zucker and Dr. Beth Harris discuss Donatello’s bronze statue.
— Important: first free-standing nude statue since classical antiquity
— For 1,000 years (Middle Ages) the BODY seen as a “Path to Corruption” / not “celebrated”
— Return to ancient Greek and Roman love of and respect for the body
— Also, ancient tradition: CONTRAPPOSTO, Relaxed Pose / Figure has sense of movement
— Classical References: Bronze (material = medium) “lost art” of creating larger sculptures
— Sensual sculpture: NUDE, w/ boots and hat, hand on hip, looking down
— “eroticism”: wings of helmet riding up statue’s thigh
— Sculpture important for the city of Florence
— Association for people of Florence w/ Biblical story: David underdog, defeats his large enemy w/ God’s help… Like David, city of Florence defeated their enemy, Duke of Milan… David symbol of Florentine Republic… (David becomes a king of Israel)
— Iconography: soft hat rather than helmet… David or Mercury?… complicated statue… Multiple readings…
— art history trying to restore meaning through the lens of time https://onlyassignmenthelp.com/index.php/2021/11/27/strategic-management-risk-management/ [supanova_question]
Personal Career Development Submission Worksheet Part One: Personal Development – Self-awareness Section
Personal Career Development Submission Worksheet
Part One: Personal Development – Self-awareness Section
Step 1 – Complete the series of 15 questions designed to encourage a greater understanding of where you want to go, what you would like to have in your life while identifying people who could help you get there.
Question
Notes
What does my ideal job look like?
If I could do any job in the world what might it be and why?
What company might you want to work with and why?
What energizes me?
What would you like to see yourself doing in 1 year?
What would you like to see yourself doing in 5 years?
What will you have to do to make these a reality?
What do I want to see/get/do more of?
What do I want to see/get/do less of?
What new relationships might I build to help me attain my career goals?
Who do I know who can support me attain my career goals? List 3 and state how they can help.
1.
2.
3.
What role could my current chef/manager/teacher play in supporting my career aspirations?
Where are you doing your externship and why did you choose it?
What do you need to learn on your externship and how will you ensure it happens?
Currently, what gets in the way of achieving my goals?
Realistically, what is the entry level position in this field and how much will I be paid per hour?
What kind of work environment suits me best? Consider the kind of work culture you need to thrive.
Part One: Step 2-7: In this section you will identify your main goals and the goal-related strengths you possess. Consider what types of action and inaction in your life could be holding you back. Identify critical skills and development opportunities that will bring you closer to your goals.
Step 2:
Important and specific goals that I want to achieve: (Make sure your goals are Specific, Measurable, Achievable within a reasonable timeline)
Step 3:
Out of these goals, choose 2 that are most important to you: (Make sure your goals are Specific, Measurable, Achievable within a reasonable timeline)
Goal 1:_________________________________________________________________________________
Goal 2:_________________________________________________________________________________
Step 4:
Key strengths I have that can help me to achieve my top goals:
1.
2.
3.
4.
5.
Step 5:
Consider things that you are doing or not doing that might be holding you back.
Things I choose to start doing and stop doing which will help me to achieve my goals:
START DOING
STOP DOING
1.
2.
3.
4.
5.
1.
2.
3.
4.
5.
Step 6:
Which core skills/knowledge must I acquire or develop to help me to achieve my goals? Prioritize with most important first.
1.
2.
3.
4.
Clearly describe how developing or improving these skills/knowledge will help to achieve your goals?
Step 7:
Which development opportunities do I need to undertake to develop a critical skill and achieve my top goals? (A development opportunity is an identifiable event such as doing a stage, attending a knife sharpening class, volunteering for a specific event, attending an English Conversation Workshop, etc. with the purpose of developing a skill or knowledge you will need to achieve your goals. It is not things like, talking more to friends, being more organized, etc. These things are too generic and they are not real opportunities you can identify and, therefore, complete.)
Development Opportunity 1:
Development Opportunity 2:
Development Opportunity 3:
Part Two: Personal Development Plan Section
Step 1: In this section you will plug in all of the information that you have brainstormed throughout Part One and implement an actionable development plan.
Goal 1
(Use Step 2 result)
Goal 2
(Use Step 2 result)
5 Core Skills to be Developed:
( Use Step 6 results)
Step 2: Core Skill Development Plan
Prioritize the core skills (from Step 6 above) needed to achieve your goals while comparing your current proficiency with the proficiency you would like to target. Refer to the example below the table for guidance.
Prioritize
Core
Skills
Core Skill
(Step 6 results)
Current Proficiency
Target
Proficiency
Development Opportunity (Step 7results)
Measurement of Success
Timeline for Goal
Priority 1
Priority 2
Priority 3
Priority 4
Core Skill Development Plan Example
(This example is for your reference only. You must create your own – do not copy/paste this information into your own plan.)
Skill
Current Proficiency
Target Proficiency
Development Opportunity
Measure of Success
Timeline for Goal
Priority 1
Public Speaking
Under confident, nervous, avoid speaking in front of groups if possible
Confident classroom presenter
1. Contribute vocally in 2 classes/week.
2. Request presentation opportunities in Foods of the World and Leadership
I will feel more confident than nervous.
Positive peer and instructor feedback.
By the end of semester 4
Priority 2
Teamwork
Poor – dislike working in teams, trusting my marks to others, having to compromise
Positive and reliable team player who collaborates and expresses needs and ideas constructively
Join College Student Association.
Actively research and apply concepts of teamwork
Actively help plan a SA event and note how many skills I read about were applied by me.
Enjoy the experience
By end of March 2018
Part Three: Career Interest Research and Networking Section
Research 1 job/company that really interest you and complete the following:
Position
Company (include link to website)
What interests you about this company and the position? This cannot be the same as your current externship company/positon.
What are 2 top skills required for this role and company?
What are 2 top personal traits they are looking for in their employees?
Name and contact information of chef/hiring manager.
How will you use this information to create an opportunity to build a relationship?
Compose an introduction email to send to the chef/business leader you would be interested in working with requesting a meeting, observation shift, stage, showing your interest, knowledge of the company, your own positivity and confidence. Use the guidelines included in the document, Writing an Effective Introduction. (To Whom it May Concern is an unacceptable professional salutation.)
Include an attention-grabbing subject line also found in the document, Writing an Effective Introduction.
1.[supanova_question]
Argument: [When examining the history of science, we often see that radical
Argument:
[When examining the history of science, we often see that radical changes occur which bring about enormous controversy amongst the scientists in the affected field.]1 [An individual or group of scientists might propose a new theory or explanation for some phenomenon which contradicts any number of important theses which are currently held as the consensus by a broader community.]2 [The nature of this change may simply be that a new theory/explanation has been suggested,]3 but [even more radical changes are possible]4, for example: [changes in the kinds of explanations that are acceptable,]5 [the suggestion of a new investigative framework]6, or [a re-ordering of the position of an area of inquiry relative to others.]7 [A frequently-cited example of such a controversy is the so-called ‘Copernican revolution’, in which the acceptance of the geocentric model of the universe came into competition with a more adequately descriptive heliocentric model.]8 [While this model tends to be solely credited to Copernicus (hence the name), it is actually more accurate to credit him with the more specific role of producing some important theoretical evidence to support the heliocentric model, since there were a number of early scientists who had supported it.]9 [This shift in the accepted scientific view of the universe was an excellent example of how disagreement contributes to scientific progress, since the kind of disagreement that was exhibited was so extreme.]10 [Indeed, Galileo was heavily censored and roundly persecuted by the Catholic church for his support of the model;]11 [Giordano Bruno was even put to death for his alleged heresies (amongst which was his outspoken theorizing around the Copernican turn).]12 [Such a case study provides excellent evidence for the thesis that it is disagreement which drives science, and constitutes its normal state.]13
Chain Argument:
Main Conclusion (C): 13
Premises for C (Pn): 1, 2
Sub-conclusion 1 for C (c1): 3
Premise 1 for c1 (c1p1): 4
Examples for c1p1(clp1egn): 5, 6, 7
Sub-conclusion 2 for C (c2): 8
Premise for c2 (c2p1): 9
Sub-conclusion for c2 (c2c1): 10
Premises for c2c1 (c2c1pn): 11, 12
Standard Form:
C: Such a case study provides excellent evidence for the thesis that it is disagreement which drives science, and constitutes its normal state.
P1: When examining the history of science, we often see that radical changes occur which bring about enormous controversy amongst the scientists in the affected field.
P2: An individual or group of scientists might propose a new theory or explanation for some phenomenon which contradicts any number of important theses which are currently held as the consensus by a broader community.
c1: The nature of this change may simply be that a new theory/explanation has been suggested
c1p1: Even more radical changes are possible
c1p1eg1: changes in the kinds of explanations that are acceptable
c1p1eg2: the suggestion of a new investigative framework
c1p1eg3: a re-ordering of the position of an area of inquiry relative to others.
c2: A frequently-cited example of such a controversy is the so-called ‘Copernican revolution’, in which the acceptance of the geocentric model of the universe came into competition with a more adequately descriptive heliocentric model.
c2p1: While this model tends to be solely credited to Copernicus (hence the name), it is actually more accurate to credit him with the more specific role of producing some important theoretical evidence to support the heliocentric model, since there were a number of early scientists who had supported it.
c2c1: This shift in the accepted scientific view of the universe was an excellent example of how disagreement contributes to scientific progress, since the kind of disagreement that was exhibited was so extreme.
c2c1p1: Indeed, Galileo was heavily censored and roundly persecuted by the Catholic church for his support of the model
c2c1p2: Giordano Bruno was even put to death for his alleged heresies (amongst which was his outspoken theorizing around the Copernican turn
Claims:
The interpretation of what kind of claim the conclusion constitutes here may be controversial, but we shall favor viewing it as descriptive, a posteriori, and even empirical. That is because the claim is trying assert that dissensus is more productive agreement in scientific progress. This is supported largely by evidential claims, ones that will be provided by a study of the history of science, as stated in P1. Both standalone premises (P1, P2) are classified in the same manner. c1 specifies what kinds of changes might be counted as such in scientific progress, and it is therefore a normative claim, as well as a priori (since it is specifying examples of ‘scientific change’ based upon the meaning of the term). It may be extrapolated from this that all support falling under c1 may be classified similarly. c2 could be classified as an example in support of the conclusion, but the careful phrasing of C (that it is on the basis of the ‘case study’) allows it to be treated as a simple sub-conclusion. This sub-conclusion is straightforwardly descriptive, a posteriori, and empirical, since the claim is specifically relating to a historical event. Its sole premise should be treated the same way. The sub-conclusion which supports it is very important for establishing the relevance of the example to C, since it is a normative argument which tries to establish the strength we should attribute to the empirical claim as an example. It is also an a posteriori claim, since its support is not definitional. The support for c2c1 is, in both cases, descriptive and a posteriori.
Structure:
The argument can be categorized as an argument from analogy, since it is asking the reader to generalize from a particular case to the general case. It cites the example of scientific change, and from those features attempts to establish these as general features of progress. The premises and sub-conclusions to the main conclusion are interdependent, since none of these could provide standalone support for the conclusion and require the context of the argument as a whole.
Evaluation:
A major issue with the argument at hand is that it does not establish its validity very well. Although there is clear inductive support present for the conclusion, the main inference to that conclusion is not provided. Some premise like “This case, being one of the most productive instances of scientific conflict, shows a correlation between severity of dissent and the productivity of the scientific contribution”, would have provided a welcome link between the existing empirical support and the reasoning behind the inference. It could be suggested that this argument is, therefore, invalid (and of course not sound).
As noted, this argument is an inductive one. While soundness cannot be established in any case, the plausibility of this argument relies heavily on the truthfulness of its claims. In this regard, the argument does seem fairly plausible, since the evidence appears to be true based upon existing historical accounts. So, if that all-important step in the argument had not been assumed, this argument might well have been a good one.[supanova_question]