LAW 122 Chapter 7: Chapter 7.docx

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rosedeer364

15 Apr 2012

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Chapter 7 the nature and creation of contracts. Contract is an agreement that creates rights & obligations that can be enforced in law. Meeting of the minds is a shared decision to enter into a legal transaction on a particular basis. Exchange of value occurs when the parties each give up something. First, test of subjective (personal) intentions would be difficult to apply cuz a person could easily lie at trial. Second, the law of contracts goal is to protect reasonable expectations (ex. On pg 157: presence or absence of an intention to create legal relations is usually obvious (ex. Contract requires more than an intention to create legal relations. Offer is an indication of a willingness to enter into a contract on certain terms. Offeror is a party who offers to enter into a contract. Offeree is a party who receives an offer to enter into a contract.

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Plastic Co Pte Ltd (‘Plastico’) is a Fiji company. The company has issued and paid up capital of $250,000 held in equal parts by two brothers. The company’s business involves making plastic products for the local market.

The brothers are planning to emigrate to New Zealand and wish to sell the company. An agreement in principle is reached for X to buy the company for $1 million. This is a cash sale.

Presume that you are wealthy and a longtime friend of X.

X comes to see you. She explains that she has in hand $800,000 (from her own savings and bank financing) and is short $200,000 to close the deal. X wants you to loan her $200,000. X has two specific proposals as follows.

Proposal One

Plastico is an old company. When founded it established its factory on the outskirts of Suva. Since that time Suva has grown and spread with the consequence that the land on which the factory stands is today much more valuable than when the factory was built. X has had the land valued at $300,000.

X has found alternative factory premises on the outskirts of modern Suva that would be suitable for the company. These premises are for sale for $100,000.

X proposes that you lend her $200,000 for four months only. X will acquire Plastico. The company’s new directors, X and her husband, will have Plastico sell its current factory and relocate to the premises already identified. The relocation will provide net cash of $200,000. Plastico will then pay a dividend of $200,000. X will use the distribution to repay your loan.

Proposal Two

X proposes that you lend her $200,000. This will be a longer term loan of say 6 years to be paid down incrementally over the life of the loan. Plastico will retain its present factory premises. As security for the loan, Plastico’s new directors, X and her husband, will have Plastico grant you a first mortgage over the current factory premises. Given the valuation placed on the premises the loan will be almost risk free.

Further details of both proposals provide an attractive return for you on the financing.

Required:
Consider each proposal separately and in turn.
Does the proposal offend any of the capital maintenance rules?

[Note ‘agreement in principle’ refers to a situation where two parties have agreed on all the terms of a deal (i.e. contract) but have not yet formally committed to the deal. In this story the parties (X and the two brothers) will only sign the contact document detailing the agreement when X has lined up the required cash of $1 million.]

amethystpug972

or over five years, Rick was the CEO of JB Guitars Inc, a corporation operating a chain of retail guitar stores. He had gained tremendous practical experience and decided to start his own business selling guitars. When he first started working at JB Guitars, Rick agreed not to carry on a competing business for two years after he ended his employment with the corporation. To avoid breaching that contract, Rick incorporated a corporation named Generation X Guitars Inc to carry on the business. He is the sole shareholder, director, and president. JB Guitars claims that the new corporation is just a way of getting around the non-competition agreement and has sued for a court order prohibiting Generation X Guitars from carrying a business competing with JB Guitars. Will JB Guitars be successful?

indigotiger525

based on your additional research, should police departments employ predictive policing to reduce crime with limited resources? Be sure to carefully defend your response with reasons and consider an objection (which you respond to) before you conclude the argument.

My response: I agree that being a part of the white society is like the concept of invisible privilege that has a familiar simile in that it is analogous to an invisible weightless knapsack. This metaphor emphasizes that white privilege, even though it may not be immediately obvious, has considerable advantages and opportunities that may include a lot of benefits and freedom to life. White people benefit from the structures and institutions in which they live. In the same culture, they were trained to be oblivious to their benefits. The undeserved advantages that were created by white people made people of color feel as if they were being oppressed. It is a norm and dominating racial power to be white in this society. For instance, if a white person comes into a new neighborhood, they are fairly certain that the bulk of their neighbors are the same color as them. A person has no idea of the advantages they have until they put themselves in the shoes of other people of color. Peggy McIntosh said that white advantages don't originate from a fault in a single human or from a single individual using them. It is via an inherent fault in the system that white privilege is created. If we wish to effect systemic change, it must occur inside the system. Systems have a major impact on individual behavior in the social world. We may all do our part to hasten the end. McIntosh maintains that white people may see racism in a different way when something gives them an advantage over others, not because it benefits white people. Systemic oppressions have interactive and internalized characteristics. Teaching racism as an act rather than an overall system that advantages the dominant group makes it difficult for white people to see themselves as racists. Embedded systems can't be eliminated, the recognition of them is important. Change won't come from just being dissatisfied with the system. McIntosh's example offers many benefits for comprehending white privilege. There are many advantages to understanding white privilege as the McIntosh example demonstrates. While it is true that 'whiteness' is simply about skin color, the various definitions of race reveal that it is really much more than that. The fact that McIntosh refers to white advantage rather than non-white disadvantage when framing the discussion of race reinforces the overall idea that race should be seen in terms of advantage rather than disadvantage.

include

1. Introduction

-State thesis and summarize argument

-Define any key terms

2. Main Body

-Argument 1, Argument 2, Argument 3

3. Objection

-Response to objection

4. Conclusion

-Restate thesis/summarize your main arguments

OC4131475

LAW 122 Chapter 7: Chapter 7.docx

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