In scenario 1, Tarrington’s property is unique and therefore the “legal remedy of monetary damages will not compensate the buyer adequately” (Miller & Jentz, 2010, Pg. 246). Rainer cannot get the same house and lot in a different location. There is also no evidence presented to believe that Rainer would not meet his end of the agreement. Even though Rainer has not “substantially performed his contract obligations,” I do believe that his commitment can be considered an offer “to do so” (Miller & Jentz, 2010, Pg.
“Beyond Measure.” Attaché. January 2002.) Bobby Bandleader sang “Happy Birthday to You” on numerous occasions over the past 20 years at his place of employment, Bobby’s Bistro. Bobby’s Bistro is a restaurant and therefore is considered a public place. Much of Bobby’s revenue is due to the popularity of the song.
The partners of DDS sued Goodman to hold him liable for the renovation contracts. Goodman denied personal liability. In this case, there is an issue that involves a promoter (Goodman), which is a person who organizes and starts a corporation, finds the initial investors to finance the corporation and so on. Promoters often enter into contracts on behalf of a corporation prior to its actual incorporation. As occurred in this case by the fact that the incorporation would be filed until November 1.
Legal Issues Presented: Both parties have asked for arbitration on the matter of copyright infringement, damages, and an injunction against further performances of “Happy Birthday To You” by Bobby Bandleader. The court will determine if Bobby Bandleader’s rendition of “Happy Birthday To You” infringes upon the copyright held by Johnny Singstealer, and if any damages ($1M) have been sustained, as well as if an injunction to prevent Bobby Bandleader from performing the song in his establishment will be issued. Legal Concepts: The following opinions are based on the copyright laws of the United States which are encoded in Title 17 of the United States Code ("Copyright Law of the United States," n.d.). * Bobby Bandleader infringed upon the copyright of Johnny Singstealer according to Section 501(a) Anyone who violates any of the exclusive rights of the copyright owner as provided by sections 106 through 122… * Bobby developed his own version of “Happy Birthday To You”, however, he kept the same tune but changed the wording. This is considered a "derivative work" of the copyrighted song according to Section 101, Definitions.
Without such expressly written agreement to the contrary; “any partner has the authority to bind the partnership with respect to third parties” (Bagley & Savage 2010). Since Boyd signed a contract with sassy sauces on behalf of Justified BBQ, all the partners of Justified BBQ can be sued for non-payment. Both partners are equally responsible just like they would be if they were a married couple, “In some respects, a partnership is like a marriage or a family. Its members share not only the benefits of the relationship but the burdens as well”. (Bagley & Savage 2010) 1 (c) If Justified BBQ were a corporation instead of a partnership, who would be responsible for the payment for the BBQ sauce if the corporation went bankrupt?
The interoperability was never put into place for reasons that can only be speculated on. There are assumptions that Grant Holcomb the architect of the proposed system had a conflict of interest that may have profited him. There are also allegations that Greg Meffert, Nagin's chief technology officer, stated that the technology wouldn't work. Many controversial issues of being unethical by several parties involved in this system caused a delay that unfortunately wasn’t in play for Katrina. Interoperability is dangerous to the concept of Federalism because although New Orleans was granted money to fund the system by the national government, at the state level, it was never implemented.
In searching for a proper concert, I did a fair amount of research, however, I was extremely lucky to be told about the restaurant Amor Cubano in Spanish Harlem. In truth, I went to the venue knowing that the restaurant had good live performances, but I did not know just how amazing the concert would be. On the eve of the performance, we got to Amor Cubano at 7:20pm to find the restaurant packed to capacity, and despite a reservation we sat at the bar to be closer to the music. The group that performed was Son Radical, which is a unique “syncretized” ensemble combining the forces of Juan-Carlos Formell, Carlitos del Puerto, and Jimmy Branly (Washburne, Lecture 3). Son Radical fused elements of traditional Cuban music da ting back to the
While Wabash and DePauw have played one another since 1890, the rivalry intensified with the Monon Bell – students wanted possession of the bell at all costs. “The bell has been stolen at least eight times from its temporary owners,” (“Monon Bell History”). However, the most famous of all heists was “Operation Frijoles” in the fall of 1965. Wabash students from the fraternity of Phi Gamma Delta posed as representatives from Mexico who wanted to establish an international student exchange with DePauw University. All of the formal meetings and meals took place, but towards the end of the day’s activities, it was asked if the representatives could take a picture with the Monon Bell.
Mexicans and Mexican Americans hire mariachi bands to play for baptisms, weddings, patriotic holidays, birthday celebrations, mother’s day, and even funerals. At my sister’s wedding, this past July, my father hired a mariachi band to perform. Being that it was a multi-cultural wedding my father felt that he should introduce our families’ traditions and culture to my sisters husband and his family. Although my father believed that he was introducing them to mariachi music, it was to our surprise that they already knew what mariachi music was all about. A tradition that many Mexican families pass on is to be awakened on the day of their birthday by the sound of Las Mañanitas, a traditional birthday song played by a mariachi band.
The thought-process of valuing cultural preferences is no new idea to McDonald’s leadership- before opening up several restaurants in Malaysia and Singapore several years ago, McDonald’s underwent rigorous inspections by Muslim clerics to ensure ritual cleanliness (i.e. absence of pork products), reflecting an important acclimation to cultural needs. For this research paper, I have chosen to focus on reasons behind McDonald’s particular successes in China, and how cultural awareness has promoted the company to be the most popular fast-food chain in the world. I believe that the success of McDonald’s in China is a direct result of their ability to understand key cultural values and incorporating them into their own personal mission when operating in this foreign area. McDonald’s Corporation: Background McDonald’s is an American-owned company based in Oak Brook, Illinois that was founded in 1940 by Richard and Maurice McDonald.