rejection by entering into a substitute transaction, he is excused from performance obligations B. Determined by Little condition is not completely within the promisor's control C. Sufficient cause An agreement that gives one party an unfettered right to terminate at any time will be interpreted to require “reasonable notice,” thus placing a limitation on that party's freedom sufficient to satisfy the consideration requirement 1. Certain terms (open) buyer is constrained to request amounts that are not unreasonably disproportional there is clearly consideration for the modification and it is enforceable the modern rule, an offer for a unilateral contract becomes an option for the offeree 2.
EXCEPTIONS: overcome rule by finding a REAL promise - frame illusory promise as unilateral contract => enforceable ex. Gurfein (99): had window to cancel, but didn’t => enforceable ➢ COULD HAVE bound other party if exercise option - Implied promises ➢ UCC §2-306 (2): a contract to engage in exclusive dealing gives rise to an implied promise to use best efforts Ex. Wood v. Lucy (104): mkt designs for profits ➢ ct implied promise: to make reasonable efforts b/c w/o implied promise, the contract would be meaningless b/c structural agreement = incentive to use best effort is built in Ex. Grouse (110): promised at-will job, not allowed to start work ➢ implied promise in at-will jobs = “good faith opportunity to perform satisfactorily’ - Structural agreements Ex. Lacledes(106): supply propane for long period ➢ although not bound to purchase, practical binding exists ➢ pipes connected to Amoco supply source ➢ hostage theory of contracts: voluntarily
One example of an archetype is a scapegoat, defined as a person made to bear the blame, sins and punishment for others. The archetype of the scapegoat is commonly present throughout canonical and contemporary literature (Crystal, 2012) and in the following presentation an example of a scapegoat from each of these eras will be mentioned. From the canonical period the example of the Grimm brothers’ Cinderella will be discussed and from contemporary literature the character of Tom Robinson in the 1962 American drama film adaptation of Harper Lee's ‘To Kill A Mockingbird’ (Mulligan, 1962), will represent a more modern portrayal of a scapegoat. The character of Cinderella is a fitting example of a scapegoat from the canonical period. She can be related to this archetype because of the irrational punishment that she endures from her family.
In order for the world to be free, the Truman Administration suggested that Indochina no longer be communist. America getting involved into Indochina ran into its tradition of anticolonialism however, it ignored this somewhat to support France. After the French army won, America then wanted Indochina’s independence. America came up with “Operation Eggshell” in which France was urged to give Indochina independence while continuing the anticommunist war. By 1952, the National Security Council formalized the Domino Theory by describing a military attack on Indochina as being dangerous.
The eloquent lineage of the ever present Anglo might behind you. This however, also comes with a lot of unexpected baggage, and unwanted hostilities. Thomas pain challenged anyone to come up with a single instance in which being a subordinate to Great Britain might benefit the colonies. So while you may have the added benefit of Great Britain’s allies, you also have her enemies to contend with. Common Sense reads “Great Britain set us at variance with nations who would otherwise seek our friendship” (154).
As Paine argued that "There is something absurd in supposing a Continent to be perpetually governed by an island". Common Sense influence American independence, and the Declaration of Independence
One, promises may act as consideration for some other but there are limitations, in that the value needs to be defined explicitly. Two, past consideration; if something happened in the past that did not establish some quasi-contract is cannot be currently exchanged for a promise. Consideration requires a current exchange. Third, some courts hold that relief from some moral obligation by the promisor is sufficient consideration and currently being exchanged. Fourth, the preexisting duty rule exerts that an action sufficient for reward will be not enforced if the action is already the duty of person performing the
The first, represented by Homer Baron, the North, and the new generation, consists of living in a rootless present and denying the past. The second that of the old generation consists of clinging to the past and resisting or even denying change (Vartany,189) . The story is thus a criticism of two opposing views of time, one corresponding to the South and the other to the North. There are, we are told, two views of time: (1) the world of the present, viewing time as a mechanical progression in which the past is a diminishing road, never to be encountered again; (2) the world of tradition, viewing the past as a huge meadow which no winter ever quite touches, divided from (us) now by the narrow bottleneck of the most recent decade of years. The first is the view of Homer Baron and the modern generation in Jefferson (Vartany, 190).
Thomas Bender, an accomplished and versatile historian at New York University, has undertaken a synthetic narrative of American history from a global perspective. By some measures, this might seem an impossible or contradictory task because it entails dissolving the solitary, progressive, and self-aggrandizing story of discovery, settlement, nation building, and international hegemony in favor of an international point of view from which the nation itself seems less in focus than the interplay of larger forces shaping development, economic change, competition among empires, and so on. Unlike modernization theory with its depiction of inevitability and a more or less singular model of success, this bird's-eye view of the nation links it to larger
The first legal theory that I could use to have the proposal overturned is that it is arbitrary, capricious; an abuse of discretion or that it is violation of some other law. This step requires that you provide evidence that proves the proposal meets one of the above standards, meaning that you would have to prove that it is arbitrary, capricious or an abuse of discretion. The second legal theory I could use is that the regulation is unsupported with substantial evidence. This theory simply means that the substantial evidence test is used to prove that more convincing evidence exists in support of the regulation than against it. The third theory is that the agency did not comply with the APA requirements of notice, publication, and public comment or input.