The History of Public Relations Essays

The History of Public Relations Essays The History of Public Relations Essay The History of Public Relations Essay Advanced News Public Relations were discovered in 52 B. C. E. in ancient Rome. It became a profession in the 20th Century in the United States. There, public relations were becoming popular through the development of railroads. It is stimulated in today’s rapid growing business world. The field of Public Relations is a very essential aspect with having a perfect image. Public relations professionals work diligently at creating good and reliable relations between a firm and many different individuals it represents. It deals with a variety of strategies and methods. There are multiple definitions of public relations, which makes it difficult to understand. Public Relation writes, Lattimore, Baskin, Heiman, Toth and Van Leuven provides the definition, Public relations is a leadership and management function that helps achieve organizational objectives, define philosophy, and facilitate organizational change. Public relations practitioners communicate with all relevant internal and external publics to develop positive relationships and to create consistency between organizational goals and societal expectations. Public relations practitioners develop, execute, and evaluate organizational programs that promote the exchange of influence and understanding among an organizations constiuent parts and publics (2004). Edward Bernays was an admirable figure born in Austria in 1892. After attending Cornell in 1912, he began developing his powers of persuasion as a promoter of theatre. Bernays built a career that lasted for four decades, selling consumer products to political candidates. He was a big thinker, and his stratagems were very complex, which drove others to think the way he does. For example, for the American Tobacco Company Edward persuaded people to think that in order to stay fit smoking will make that possible. He continuously promoted that â€Å"being thin was in†. Even though smoking can never be known as something good, he portrayed it to be a symbol of women’s liberation. That campaign in particular demonstrated Bernays’ innovative thinking and intellectual brilliance. He doesn’t partake in any form of smoking, but was able to persuade thousands to try it, increasing the company’s business. Another strategic approach in this campaign was asking the press to not inform people about the evidence of tobacco’s health risks, even though it was the wrong decision to make. Bernays believed that there was no such thing as bad publicity. The last years of life that he had were spent on getting even greater and his promotional skills to become a legacy in history. Today he is still known as the â€Å"father of public relations† and has left a thumbnail history of the development of the public relations industry in the United States (David). Public Relations have been popular since the twentieth century and were discovered back to ancient civilizations. It is the practice of persuading people through using communicational skills. An example is Edward Bernays who views public relations to be based on the persuasion of attitudes. It is important to have a viewpoint based off of what the majority may find interesting. This will soon target a positive view point from customers. To keep customers satisfied and comfortable with investing money into a company, it is always important to keep their best interest in mind. Through advertising and marketing, the message of the company’s purpose must be clear for customers to understand. Marketing is one of the important fields that are greatly influenced by public relations. Many organizations view public relations to be part of the marketing department. Whether it is under marketing or in its own field, a successful organization requires a well ran public relations department. There are many publics that the PR practitioner must abide by and each is controlled by various communicational skills. Publics that are inside the organizations are managers, clerks, and stock holders. Publics that are outside of the organization will be considered as the government and press. Each of these publics plays a significant role in a well-structured PR organization. There are many functions of public relations that are organizational and social. Organizational functions include: media relations, employee relations, and community relations. These are considered as organizational functions because they sustain a good relationship between the company and their consumers. Media relations focuses more so with the press. It grants the press privileges to advertise an organization the best way possible to gain popularity, which in result makes the company money (Public Relations). Employee relations are about the internal publics of the company. For example, those who work for a company have accurate information on the company’s growth and downfalls to help them excel the company’s performance in the future. Public relations are all about positivity, but are up to the people within the company to carry it out. Last, community relations reflect what the company stands for. It allows for the company to maintain its reputation of good will. The press connects on a marketing basis that insures healthy exposure for the business that is being represented. Maintaining relationships amongst other businesses, strategizing sales plans, and managing inventory of their product are just a few of their duties. They may also be involved in advertising or even in promoting. Marketing communications relates to the field of marketing that includes, constructing displays for promotional events and pamphlets that summarize what the product is and its functions. Marketing communications is what drives the costumers into buying their product. If the sign is appealing to the eye, and if the words that are used are persuading, then the community will buy into the company (Sommerfeldt). Public Relations is based on management, supervisory and technical functions that allows the organization to maintain relationships with other companies to prosper. There are many duties and expectations that public relations have. They include: representing the company well at conferences, attaining honors and awards, conducting business with the press, and having great communicational skills amongst employees (Brigden). Being successful in all four of these areas is not to impress others, but to enhance one’s career in public relations. Also these areas apply not only towards public relations, but also in media relations. Advertising plays a role in public relations, but is not entirely about making a product look appealing to consumers. PR involves informing and educating people and the target group about an organization. Advertising requires having an effective PR. Effective PR develops a bond with the customers to satisfy their needs and to provide good service to leave a good impression (Iyer). This will set growth within the company, making sells increase due to the well- structured effective PR. A very important technique within Public Relations is to control the downfall of the company through five important aspects. They involve: Crisis Detection, Crisis Management, Crisis Communication, Crisis Containment, and Crisis Recovery. I strongly believe my interest in public relations grows more day by day and I strongly believe that I am suitable for a position as such. My skills, abilities, and qualities all together allow me to be qualified at a public relations agency. I possess excellent writing skills, creativity and drive to accomplish all tasks, great organizational skills, multi-tasking ability, and ability to work well as part of a team, accuracy and attention to detail. To sum up I believe that I meet all the requirements to be in public relations. 1. Public Relations.   Columbia Electronic Encyclopedia, 6th Edition, (2011): 1. 2. Bridgen,  Liz. Emotional Labour and the Pursuit of the Personal Brand: Public Relations Practitioners Use of Social Media.   Journal of Media Practice V. 12 No. 1 (2011) P. 61-76, 12. 1 (2011): 61-76 3. Conrads,  David. Theres No Such Thing as Bad Publicity.   Christian Science Monitor, 90. 192 (1998): B11-B-1. 4. Dan, Lattimore. Public Relations: the Profession and the Practice. S. l. ]: Mcgraw Hill Higher Education, 2009. Print. 5. Iyer,  Ganesh, David Soberman, and J. Miguel Villas-Boas. The Targeting of Advertising.   Marketing Science, 24. 3 (2005): 461-476. 6. Sommerfeldt,  Erich, and Maureen Taylor. A Social Capital Approach to Improving Public Relations Efficacy: Diagnosing Internal Constraints on External Communication.   Public Relations Review V. 37 No. 3 (September 2011) P. 197-206, 37. 3 (20 11): 197-206. 7. Public Relations.   Columbia Electronic Encyclopedia, 6th Edition, (2011): 1.

Religion in the Medieval Europe Essay Example | Topics and Well Written Essays - 1750 words

Religion in the Medieval Europe - Essay Example These were practiced in various ways including, divination that comprised of astrology, palm reading, interpretation of dream and reading of omens. Medical magic was also part of magical practice. It involved the use of charms, medical astrology, prayers and use of medical herbs. Other forms of practicing magic included the use of protective amulets alchemy and sorcery, which was the use of magic with an intention to harm. However, it faced opposition from the Christian religion, which viewed the use of magic as idolatry. Magic can be viewed as a religion from Etic and Emic perspectives. The initial refers to its perception from outside tradition while the latter refers to perception from within the religion. Christians, on the other hand, defined magic from what it is not. The definition was magic is neither a religion nor a science. Various groups blamed each other of practicing magic due to their varied beliefs. The church distinguished magic as not being a religion by believing t hat the church was a true religion while magic was demonic. Religion was associated with god while magic was associated with demons besides; magic was viewed to be a manipulation while prayer was viewed to be supplication (Hamilton 39). The theory of magic has an evolutionary model, which described the process to begin from magic to religion, then Christian religion that was to be taken over by science. This, however, was criticised by scholars who claimed that it was outdated, unsubstantial, unscholarly and bias. Magic was practiced in the pre modern Europe across the demographic boundaries as pagans adapted to Christianity, which accommodated them. This was due to the influence of the Arabs and scientific inventions. However, the Christians viewed magic as a cult. Magic became increasingly identifiable as definite phenomena in the medieval Europe. Until the conversion period of 300CE to 1100CE, this had acculturation characteristics including paganism coming to terms with Christia nity, beliefs adapting to new religious views. In addition, at this point, the rulers of pagan societies got themselves aligned with the church (Louise, Edward & Raudvere 10). The Christians dominated the region and introduced its own view on culture to the local community. Tension arose between the locals who were pagans and the Christians who were the intruders. The church distinguished between magic and miracles. They viewed magic as an illusion that was created by demons while miracle was real actual and non-illusory. This was more evident on the Christian writings which included book IV of Isidore of Seville’s etymology, which is against divination and demonic behaviour and practices. Belief was one important thing at this time of conversion. The church believed that magic was conducted by demons and highly condemned it. It was believed by the pagans that there were women who were capable of cutting fingerprints of the foot and performs rituals with them. In addition, so me women were dedicated to killing people through devil powers. Bishop Buchan of worms (950-1025) discouraged this. St. Benedict’s and St. Gregory the great (540-604) gave a description of how St. Benedict saw through an illusion a fire that consumed the monks which he perceived that was caused by a heath idol buried under the building. Strigae was a roman term used by pagans to refer to vampire creatures and witches. The penal code in medieval condemned the belief in the Striga who were claimed to steal children. The belief that a certain woman had experienced a nocturnal flight with the pagan gods Diana who was recognised as a Striga was

Compare and contrast Essay Example | Topics and Well Written Essays - 500 words - 1

Compare and contrast - Essay Example The main characters in Sweat are Delia, the protagonist, a black washerwoman who had been working on the laundry for white people; her husband, Sykes, the antagonist is an abusive husband openly and vagrantly practicing infidelity; Bertha, the other woman of Sykes who he sleeps with; and the townspeople at the village. On the other hand, in A Rose for Emily, the main characters are Emily Grierson, a round character is depicted by the town as a tradition; the rest of the characters are basically flat characters such as Tobe, Emily’s servant; the townspeople; mentions of Emily’s father (who died) and Homer Barron, the significant person in Emily’s life who supposedly dated her and then, disappeared. The main characters are similar in gender and being ‘talk of the town’ in some events in the story; but distinctly different in personality. Delia, despite her small frame and silent stance showed strength and courage in disposition when faced with an extre mely dangerous event (when confronted by the rattlesnake).

An Analysis of Jane Addams’ Newer Ideals of Peace Essay Example for Free

An Analysis of Jane Addams’ Newer Ideals of Peace Essay Jane Addams, an internationally renowned advocate of peace, became devoted in serving the people for several years. She has done numerous charitable works and became a recognized leader of Progressivism in the United States of America. This movement is a political attitude favoring reform. She was also a creative writer who authored a dozen of books and over 500 articles. One of her books was entitled â€Å"Newer Ideals of Peace† which spoke about different themes about social philosophies in life, but most especially, about peace and how it could be attained. Her book redesigned the peace movement worldwide to incorporate ideals of social justice. This paper will discuss certain perspectives that will explain Jane Addams’ way of thinking. Adams was known for her numerous thoughts and arguments in Social Philosophy. In her written piece, she considered some themes such as the matter of peace and concepts such as pluralism and democracy. This also aims to criticize how Adams looked at social calamities and situations. Adams realized the human beings’ need and urge of finding out how they could bring peace into the world. One of the known world peace movement included an act to support immigrants coming from all over the world. Although several people thought of condemning the perversity of immigrants, Adams thought otherwise. In her work, she dealt with Pluralism. She suggested that pluralism should be embraced, not feared for this will also benefit to those who could be affected. It was evident that she saw the value of cultural diversity in the United States. It kept the states from being static. He added that cultural diversity could also be used to develop relations between nations. For Addams, social development insisted that all voices be heard but she believed in the power of collective intelligence to discover common cause from that diversity. According to surveys conducted regarding the immigration issue in the states, people from different parts of the world became part of the American Tribunal, so their efforts should not be ignored. By accepting these people means bringing peace and justice to the world. Multiculturalism is a part of America’s history, which is why this should not be taken for granted or given other impression. With this movement, we could develop a sense of patriotism which, according to Addams, is a significant sentiment that may be strong enough to move masses of men out of their narrow national considerations and cautions into new reaches of human effort and affection. She affirmed that patriotism is the highest form of social emotion because it is dominated by warlike impulses. The convention is quite not capable of sweeping into itself the spirit of bravery and impassiveness that belongs to modern industrial efforts, although people defend warfare because it engenders these very qualities. She argued that one’s commitment to humanity should go beyond national borders. Addams also created a definition of democracy. According to her, democracy is far beyond seeing it as a political structure. Democracy embodied a living and social morality. She envisioned democracy as an acknowledgement that the lives of citizens are connected with one another and their relationship creates a duty to comprehend the difficulties and circumstances of fellow citizens. Reciprocity of social relations is critical for providing citizens with the compassionate foundation essential to strengthen democracy. Social arrangements became experiments in the kind of democracy that Addams endeavored to promote an active social engagement. Democracy is considered as a dynamic organism that must be able to exist with the evolution of times in order to remain vital. Addams suggested that it was time for the progression of the political institution and morality of the United States. She stated that America’s founders, created the Bill of Rights which was based upon an individual logic of morality suitable for their period. On the other hand, Addams viewed social morality as the right reaction to the contemporary rise of big cities next to the enhancements in technology and transportation that brought several individuals together. The time had come to give emphasis to the social relations essential for a pulsating democracy under the existing historical conditions. Some commentators described Addams as reforming a social democracy, one that accentuates a way of being over the political construction. Addams’ valorization of democracy did not necessitate a static object of affection. Her objective was for democracy to grow and flourish which required ongoing discussion and change. Addams had written several books that addressed issues regarding peace. It was evident in her works that she kept away from discussing ideological positions. She focused on the principles of Pacifism and how the government could help bring tranquility within the states, within their people and within other nations around the globe. Her philosophy is derived from a particular social, political and historical situation. Her theoretical work was about movements of working out tangible social issues. Addams envisioned democracy, social justice and peace as mutually reinforcing. These concepts, according to her, had to advance and move together to achieve any one. These concepts remained apparent with all of her literary works and articles. The ideals of justice were given other sides that lead to reshaping peace movement. When dealing with the matters of war around the globe, Addams pointed out several things that individuals should consider in order to embrace tranquility. She made it very clear that she saw peace as more than the absence of war. For Addams, peace represented a chance for social development because individuals were proficient of working simultaneously in order to accomplish social objectives. She viewed social evolution as developing in the direction of greater peaceful affairs and social synchronization. Collective peace was tied to individual peaceful relations such that common activism represented peace labors. On of the examples of this situation which was given by Addams involved the issue of the immigrants. Helping immigrants prosper in the United States was an act of serenity. In this manner, given her obligation to democratic social advancement achieved through combined commitment in an attempt to promote sympathetic knowledge, Addams found out and stated that war is socially regressive. When war is fought with arms, it ends coherent and dispassionate conversations impeding the agreement necessary for social growth. War makes opposing human beings into ultimate others creating the antithesis of sympathetic knowledge. Those beings were considered as someone so alien that it is possible to be terminated. Sympathetic knowledge is an experience which is imaginatively extrapolated. This concept was also visible in several of Addams’ books. This kind of knowledge was a rational effort to comprehend with other individuals. Sympathetic Knowledge belonged to a certain category in Social Philosophy in which Addams never failed to state in his books. Even though she used this with different issues, the significance remained the same. Addams also suggested social activism as the foundation that should be rallied around. Addams challenged her readers to visualize heroism in the work of social activists to improve the lives of those living within the urban zone. Engaging to social activity would be beneficial to the advancement of the states, development of the humanity and would also result to the occurrence of peace. Without the voices of individuals, nothing could change and all will remain frightened and repressed. Jane Addams saw different possibilities and chances that peace could still be attained if individuals would find a way to move together as one nation. She believes that the power to change and progress is within the hands of individuals who are willing to be involved with social activities and social awareness movement. The Newer Ideals of Peace contained somehow positive reactions toward maintain peace and orderliness. Addams probably wanted to give another approach to maintain harmony within individuals. By including different issues and situations that the nation has, Addams made a better and simpler understanding of pacifism. The author did not fail to give justice to her contemporary views. Although other commentators, like George Mead saw few points that the book lacks knowledge of, Adams surely made another break in the history of America. Her works were full of ideals which were deeply rooted within the foundations of the problems. Many of what she stated could be applicable to the nation’s settings. If individuals would learn to understand, communicate and see things positively, then that would be the time when peace and harmony could be attained.

Hacking :: science

Hacking Describe a negative aspect of ICT’s impact on the information society. Describe how ICT has brought this about and what society is has done in response to it. Abstract Hacking has been and still disease different societies suffer from. The essay aims to provide the reader with knowledge regarding the effects hacking caused to our society, and how the society responded and tried to solve or minimize those effects. Different issues regarding hacking are discussed, such as the motivations that were behind guiding hackers who were at first computer professional to perform unauthorized activities, at the same time a discussion about the types of attacks can be found. The society response to hacking attacks lacks till this moment the ability to stop or completely prevent attacks from happening because as long as security tools are developed, more sophisticated hacking attacks are invented. That’s why we should start to think about hacker’s psychology as the main way to prevent and stop attacks by understanding their needs or desires. Introduction The Oxford English Dictionary defines hacking as â€Å"cut or chop roughly; mangle: cut (one’s way)†Ã¢â‚¬ ¦ to its present definition as â€Å"gain unauthorized access (to data in a computer)†. Banks (1997:11) defines hacking as â€Å"something that boring mainframe computer operators did to improve performance and battle boredom.† Here banks focuses on boredom as the reason of hacking. A more technical definition of hacking according to Digital Guards data base (2001) is â€Å"unauthorized use, or attempts to circumvent or bypass the security mechanisms of an information system or network.† Darlington (2001) believes hacking is not limited to accessing data or information but also includes an attack on the privacy of all people. Almost all different opinions agree on the illegality of hacking. On the other hand the word hacker is the agent of hack or hacking and it was defined as a person who enjoys accessing files whether for fun, imposing power or the interest related to the accessed files or data according to Taylor (1999). While Marotta (in Taylor, 1993) has a negative view of the hacker as a data lord, a barbarian who takes what he wants. Himanen (2001) defines hacker as any person who performs illegal actions whether they were related to computer or not which means the usage of a device apart from its functionality. Seems hacking according to Himanen is related to any illegal or unauthorized action. Seebach (1999) finds hacker as a person who feels delighted and full of joy when being able to access a system and break the security utilities but Himanen (2001) doesn’t consider hacker as a thief.

Acceptance

An acceptance is â€Å"a manifestation of assent to the terms [of the offer] made by the offeree in the manner invited or required by the offer. † 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. Common Law: Traditional â€Å"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 impliedly indicated an intent by the offeree to reject the offer instead of being bound by its terms. However, recent years have witnessed a judicial tendency to apply the mirror image rule in more liberal fashion by holding that only material (important) variances between an offer and a purported acceptance result in an implied rejection of the offer. Even under the mirror image rule, no rejection is implied if an offereee merely asks about the terms of the offer without indicating its rejection (an inquiry regarding terms), or accepts the offer’s terms while complaining about them (a grumbling acceptance). Distinguishing among a counteroffer, an inquiry regarding terms, and a grumbling acceptance is often a difficult task. The fundamental issue, however, remains the same: Did the offeree objectively indicate a resent intent to be bound by the terms of the offer? Communication of Acceptance To accept an offer for a bilateral contract, the offeree must make the promise requested by the offer. An offeror must communicate the terms of his proposal to the offeree before an offer results. This is so because communication is a necessary component of the present intent to contract required for the creation of an offer. For similar reasons, it is generally held that an offeree must communicate his intent to be bound by the offer before a contract can be created. To accept an offer for a unilateral ontract, however, the offeree must perform the requested act. The traditional contract law rule on this point assumes that the offeror will learn of the offeree’s performance and holds that no further notice from the offeree is necessary to create a contact unless the offeror specifically requests notice. Mailbox rule Under the so-called â€Å"mailbox rule,† properly addressed and dispatched acceptances can become effective when they are dispa tched, even if they are lost and never received by the offeror. The mailbox rule protects the offeree’s reasonable belief that a binding contract was created when the acceptance was dispatched. By the same token, it exposes the offeror to the risk of being bound by an acceptance that she has never received. The offeror, however, has the ability to minimize this risk by stipulating in her offer that she must actually receive the acceptance for it to be effective. Offerors who do this maximize the time they have to revoke their offers and ensure that they will never be bound by an acceptance that they have not received. As traditionally applied by the common law of contracts, the mailbox rule would make acceptances effective upon dispatch when the offeree used a manner of communication that was expressly or impliedly authorized (invite) by the offeror. Any manner of communication suggested by the offeror (e. g. , â€Å"You may respond by mail†) would be expressly authorized, resulting in an acceptance sent by the suggested means being effective on dispatch. Unless circumstances indicated to the contrary, a manner of communication used by the offeror in making the offer would be impliedly authorize (e. . , an offer sent by mail would impliedly authorize an acceptance by), as would a manner of communication common in parties’ trade or business (e. g. , a trade usage in the parties’ business that offers are made by mail and accepted by telegram would authorize an acceptance by telegraph). Conversely, an improper dispatched acceptance or one that was nonauthorized would be effective when received, assuming that the offer was still open at that time. This placed on the offeree the risk of the offer being revoked or the acceptance being lost. The mailbox rule is often applied more liberally by courts today. A modern version applied of the mailbox rule that is sanctioned by the Restatement (Second) holds that an offer that does not indicate otherwise is considered to invite acceptance by any reasonable means of communication, and a properly dispatched acceptance sent by a reasonable means of communication within a reasonable time is effective on dispatch. The Cantu case illustrates the more liberal version of the mailbox rule. Special Acceptance Problem Areas Acceptance in Unilateral Contracts A unilateral contract involves the exchange of a promise for an act. To accept an offer to enter such a contract, the offeree must perform the requested act. As you learned in the last chapter, however, courts applying modern contract rules may prevent an offeror from revoking such an offer once the offeree has begun performance. This is achieved by holding either that a bilateral contract is created by the beginning of performance or that the offeror’s power to revoke is suspended for the period of time reasonably necessary for the offeree to complete performance. Acceptance in Bilateral Contracts A bilateral contract involves the exchange of a promise for a promise. As a general rule, to accept an offer to enter such a contract, an offeree must make the promise requested by the offer. This may be done in a variety of ways. For example, Wallace sends Stevens a detailed offer for the purchase of Steven’s business. Within the time period prescribed by the offer, Steven sends Wallace a letter that says, â€Å"I accept your offer. † Stevens has expressly accepted Wallace’s offer, creating a contract on the terms of the offer. Acceptance, however, can be implied as well as expressed. Offerees who take action that objectively indicates agreement risk the formation of a contract. For example, offerees who act in a manner that is inconsistent with an offeror’s ownership of offered property are commonly held to have accepted the offeror’s terms. So, if Arnold, a farmer, leaves 10 bushels of corn with Porter, the owner of a grocery store, saying, â€Å"Look this corn over. If you want it, it’s $5 a bushel,† and Porter sells the corn, he has mpliedly accepted Arnold’s offer. But what if Porter just let the corn sit and, when Arnold returned a week later, Porter told Arnold that he did not want it? Could Porter’s failure to act ever amount to an acceptance? Silence as Acceptance Since contract law generally requires some objective indication that an offeree intends to contract, the general rule is that an offeree’s silence, without more, is not an acceptance. In ad dition, it is generally held that an offeror cannot impose on the offeree a duty to respond to the offer. So, even if Arnold made an offer to sell corn to Porter and said, â€Å"If I don’t hear from you in three days, I’ll assume you’re buying the corn,† Porter’s silence would still not amount to acceptance. On the other hand, the circumstance of a case sometimes impose a duty on the offeree to reject the offer affirmatively or be bound by its items. These are cases in which the offeree’s silence objectively indicates an intent to accept. Customary trade practice or prior dealings between the parties may indicate that silence signals acceptance. So, if Arnold and Porter had dealt with each other on numerous occasion and Porter has always promptly returned items that her did not want, Porter’s silent retention of the goods for a week would probably constitute an acceptance. Likewise, an offeree’s silence can also operate as an acceptance if the offeree has indicated that it will. For example, Porter (the offeree) tells Arnold, â€Å"If you don’t hear from me in three days, I accept. † Finally, it is generally held that offerees who accept an offeror’s performance knowing what the offeror expects in return for his performance have impliedly accepted the offeror’s terms. So, if Apex Paving Corporation offers to do the paving work on new subdivision being developed by Majestic Homes Corporation, and Majestic fails to respond to Apex’s offer but allows Apex to do the work, most courts would hold that Majestic is bound by the terms of Apex’s offer. Acceptance When a Writing Is Anticipated Frequently, the parties to a contract intend to prepare a written draft of their agreement for both parties to sign. This is a good idea not only because the law requires written evidence of some contracts, but also ecause it provides written evidence of the terms of the agreement if a dispute arises at a later date. If a dispute arises before such a writing has been prepared or signed, however, a question may arise concerning whether the signing of the agreement was a necessary condition to the creation of a contract. A party to the agreement who now wants out of the deal may argue that the parties did not intend to be bound until both parties signed in writing. A clear expression of such intent by the parties during the negotiation process prevents the formation of a contract until both parties have signed. However, in the absence of such a clear expression of intent, the courts ask whether a reasonable person familiar with all the circumstances of the parties’ negotiations would conclude that the parties intended to be bound only when a formal agreement was signed. If it appears that the parties had concluded their negotiations and reached agreement on all the essential aspects of the transaction, most courts would probably find a contract at the time agreement was reached, even though no formal agreement had been signed. Acceptance of Ambiguous Offers. Although offerors have the power to specify the manner in which their offers can be accepted by requiring that the offeree make a return promise (a bilateral contract) or perform a specific act (a unilateral contract), often an offer is unclear about which form of acceptance is necessary to create a contract. In such a case, the offer may be accepted in any manner that is reasonable in light of the circumstances surrounding the offer. Thus, either a promise to perform or performance, if reasonable , creates a contract. Acceptance by Shipment. The Code specifically elaborates on the rule stated in the preceding section by stating that an order requesting prompt or current shipment of goods may be accepted either by a prompt promise to ship or by a prompt or current shipment of the goods [2-206(1)(b)]. So, if Apex Corporation orders 500 IBM personal computers from Marks Office Supply, to be shipped immediately, Marks could accept either promptly promising to ship the goods or by promptly shipping them. If Marks accepts by shipping, any subsequent attempt by Ampex to revoke the order will be ineffective. What if Marks did ot have 500 IBMs in stock and Marks knew that Ampex desperately needed the goods? Marks might be tempted to ship another brand of computers (that is, nonconforming goods – goods different from what the buyer ordered), hoping that Ampex would be forced by its circumstances to accept them because by the time they arrived it would be too late to get the correct goods elsewhere. M arks would argue that by shipping the wrong goods it had made a counteroffer because it had not performed the act requested by Ampex’s order. If Ampex accepts the goods, Marks could argue that Ampex has impliedly accepted the counteroffer. If Ampex rejects the goods, Marks would arguably have no liability since it did not accept the order. The Code prevents such a result by providing that prompt shipment of either conforming goods (what the order asked for) or nonconforming goods (something else) operates as an acceptance of the order [2-206(1)(b)]. This protects buyers such as Ampex because, sellers who ship the wrong goods have simultaneously accepted their offers and breached the contract by sending the wrong merchandise. But what if Marks is an honest seller merely trying to help out a customer that has placed a rush order? Must Marks expose itself to liability for breach of contract in the process? The Code prevents such a result by providing that no contract is created if the seller notifies the buyer within a reasonable time that the shipment of nonconforming goods is intended as an accommodation (an attempt to help the buyer) [2-206(1)(b)]. In this case, the shipment is merely a counteroffer that the buyer is free to accept or reject and the seller’s notification gives the buyer the opportunity t seek the goods he needs elsewhere. Who Can Accept an Offer? As the masters of their offers, offerees have the right to determine who can bind them in a contract. So, the only person with the legal power to accept an offer and create a contract is the original offeree. An attempt to accept by anyone other than the offeree is treated as an offer, because the party attempting to accept is indicating a present intent to contract on the original offer’s terms. For example, Price offers to sell his car to Waterhouse for $5,000. Anderson learns of the offer, calls Price, and attempts to accept. Anderson has made an offer that Price is free to accept or reject

Financial Literacy Key For Creating And Sustaining...

Financial Literacy: Key to Creating and Sustaining Wealth for African Americans By Martin A. Smith | Submitted On August 21, 2013 Recommend Article Article Comments Print Article Share this article on Facebook Share this article on Twitter Share this article on Google+ Share this article on Linkedin Share this article on StumbleUpon Share this article on Delicious Share this article on Digg Share this article on Reddit Share this article on Pinterest Expert Author Martin A. Smith Legacy planning is a lifelong endeavor that requires patience, discipline, a strong work ethic and proficiency when it comes to the subject of money and taxes. Being wealthy should not only be defined in numerical terms. Otherwise, what good does having a lot of money do for the people who are unable to enjoy it, because they are not in good physical or psychological health? For example, we have all heard about celebrity athletes who, despite having earned millions of dollars while playing professional sports, find themselves in bankruptcy. A myriad of problems may have led to their financial ruin: marital infidelity resulting in divorce, hefty alimony settlements, financial illiteracy, out-of-control spending, poor investment choices, getting swindled by unscrupulous business managers, etc. Therefore, being wealthy has to entail more than having millions of dollars. Ever hear of a person who won the Lotto, only to have nothing to show for it a few short years after winning? AccordingShow MoreRelatedAn Impact Assessment of Science and Technology Policy on National Development of Nigeria61708 Words   |  247 Pagescontribute to the policy process formulation and implementation of the Ministry. 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