Management of Contractual Risks

Management of Contractual Risks 1 Introduction Managing risk should be a fundamental part of bidding for Building or Highways work. Risk is described by Atkinson (2001) as the probability of an occurrence of a hazard and the magnitude of the consequences. Consequently risk may also be considered as the possibility of an experience happening and the resultant effect of the experience if it ere to take place. As defined by RICS (2010) risk management is a means of processes where risks are recognised, examined and then of course controlled. It is a constant cycle that begins at the pretender stage; this means that risks of events are put into a bid from the start and also at the end of construction. During the different phases of a project, many new even previously un-thought of risks materialise throughout. Recognising them quickly allows faster mitigation; in order to reduce impact risk has on the project. This study has examined the inaccuracy of pretender process of managing risk with the use of both pretender and contract registers. There were also opportunities, they were recognised. The subject area of risk was selected following discussions with managers and work colleagues, during my 2010 placement year with Sir Robert McAlpine (SRM). This topic was considered as an ideal subject area for a research project because SRM were improving the system they currently incorporate. So the plan of the study was to advise any conclusions made on the research, so as to further enhance the pretender practice within SRM. My colleagues gave me some risk data sheets for a few projects. The emphasis being on highway construction, as this information was available from my placement and SRM. 1.2 Rationale The subject of what to research developed from consultations with colleagues and the line manager at SRM. My colleagues were interested in the managing of risk and were working to improve SRMs pretender risk process to ensure it replicated the contract phase a bit more. This therefore illustrated a requirement in the business and indeed construction for research in to this topic area. The main reason for eventually electing the subject area of risk was the open access of information provided by SRM and the contact with knowledgeable personnel in my placement. This gave a better understanding of the procedures, allowing greater understanding in subject area of risk. In addition access was gained during placement to potential data in the form of contract and pretender risk registers from various Highway works undertaken by SRM. The aim of the research as came about by undertaking literary research, up to that point none of the data was collected, or plan formulated of how to use the data. The aim was to understand how pretender recognition of risks may be inaccurate. After that considering how it could be improved and whether it was possible to do so. Subsequently, recording any conclusions of pretender process in order to develop and better it. 1.3 Hypothesis, Aims and main Objectives 1.3.1 Aims Were to see if management of the contractual risks identifies significant additional risks that the pretender risk process failed to recognise and thus determine how inaccurate the pretender risk process is. 1.3.2 Objectives Find the processes presently employed to deal with risk, in both contractual and pretender phases and in recognising and measuring them. Investigate if important additional contractual risks recognised were within the pretender phase register. Compare SRMs risk management processes with other contractors and analyse to find the best solution. If possible, note any resulting conclusions and input results within the pretender register then produce a new and accurate one. 1.3.3 Hypothesis The management of contractual risks in Highway construction successfully identifies additional risks, consequently pretender appraisal has become inaccurate. 1.4 Overview of work done / Methodology 1.4.1 SRM schemes/jobs The SRM jobs used on the research comprised of, M1 J25-28, and A19 upgrade (both Highways Agency jobs) and M74 Glasgow council, all Highway projects. A19 was Term Maintenance Contract (TMC) whereas M1 J25-28 and M74 upgrade were (MAC) contracts. When examining the A19 upgrade the contractual records were acquired but the pretender risk records were not. However the contractual records were compared to a risk bid from a different project. Not ideal but the only solution at the time. The majority of the items were related, so comparable/related items were drawn from the pretender items, then included in the A19 contract register. An evaluation was done involving the contract and pretender risks. To do this the max, min, probable costs in addition to the likelihood of a risk event were incorporated from contract and pretender appraisals. A total assessment of the risks was calculated via averaging the max, min as well as probable costs which are multiplied against the likelihood of the risk event. All risks types were identified, in order to distinguish trends in risks recognised at the pretender and found in contract phase or were not found at all. The A19 contract risk register was distinctive to M1 J25-28 and M74 upgrade registers as it didnt contain costs. Every risk was divided by its probability and impact, whether that was high, medium or low appraisal. The pretender register, risk items were fitted against the occurring contractual register items. To see if every item in the registers were done, costs and probabilities were assigned to the A19 contractual risk method of appraisal. In getting a total assessment, both probability and risk price were multiplied. These costs were then evaluated against the overall pretender costs. 1.4.2 Highway contractor Interviews Interviews via telephone were conducted with a few companies to really see what processes are used at post contract and pretender. Also to find out how precise these methods are. Companies interviewed were: Morgan EST. Vinci Balfour Beatty May Guerney 1.4.3 Literature Review In order to understand the risk management procedures in construction and more specifically in Highways work a literary review was embarked on. This meant the research would gain an appreciation of the perception of risk by construction, prior to any literary review, my personal experience had only come from SRMs perspective and the processes they use. In order to gain real understanding and to funnel clearly on what my hypothesis stated, it was decided to split the literature review into two sections. One section, comprising of processes used by industry, taken from an assortment of books. The second section being that of SRMs highways process and accompanying documents. This makes it possible for an assessment to be conducted between SRM and the other contractors, like how different stages of a contract work in Highway works. 1.5 Overview of conclusions Both the information gained and analysis undertaken, imply the data could sustain the theory and main aims. Due to a large risk amount being found in contractual phase that was not previously seen at pretender. Even though assessments for any one risk were fairly inexact, overall assessment of pretender and contractual seemed strong. Showing pretender registers was inaccurate and needed to be better if assessments and risk management has to become more reliable. 1.6 Report Guide 1 Introduction An opening on the managing of risk in the dissertation while validating the basis in selecting the subject area. The introduction states the aims, objectives and hypothesis that the researched was established upon, as well as outlining the work done and an overview of the Conclusions. 2 Methodology Explains the methods used to investigate my hypothesis, from Literature review, approaches used in analysis and review of information and any outcomes. This expresses the reasons for utilising the techniques chosen also any research restrictions. Its meant to be a methodical, simple approach to how things were done. 3 Literature Review This chapter contains my understanding and Knowledge of the subject area. Done by means of, studying the risk process used in management through books, journals and the internet. Allowing a greater comprehension of risk in Highways work, and how its viewed and used. 4 Results and Analysis Confirms the outcome in the investigation and subsequent breakdown of SRMs jobs as well as the Highway contractors interviews. It outlines the judgments made concerning the pretender and contractual assessments. The Hypothesis was then tested against the information found, to see if its statement is true or false. 6 Conclusions- This analyses all the results in relation to the hypothesis and if theres is any basis that it will hold up. Detailing limitations affecting the research, while also imparting proposals for both industry and any future dissertations. 2 Methodology 2.1 Introduction Methodologies are vital to the accomplishments of research and must be dealt with care in order for the most appropriate research methods to be chosen (Fellows and Liu, 2008). The methodology outcome depended on the subject area, research aims and amount of literature review obtained. For data collection and analysis, the methods employed ought to be realising the aims and objectives so as to continually test the hypothesis and validate the research. The information that was obtainable and available played a huge role, as work on the dissertation could not be done if the information wasnt relevant. The information therefore can be decided by the hypothesis, as if the information was not on hand then one cant trial the hypothesis. Due to these factors, risk management was identified as an appropriate topic from the beginning, but it wasnt until the research was started that defining the hypothesis was possible, yet having an impression of the aims and objectives that were to be accomplished. From the off, the aim was to gauge how precise pretender risk management was, even if unsure of the data and information existing prior to consulting SRM team. Ultimately this section highlights the research methods utilised in the research, and the close association that has been made when doing so between the methods and Aim, hypothesis and objectives. 2.2 Aim Employed to help concentrate the methodology in choosing the right methods, also to clarify to the person who reads the dissertation what precisely was being investigated. So this shall be done by recalling the Aim set out: To see whether the post contract risk process identifies key additional risks that the pretender risk process failed to recognise and thus determine how inaccurate pretender risk process is. 2.3 Quantitative and Qualitative methods In Data collection there are two key styles; quantitative and qualitative forms of research. Quantitative method, being a grouping of information done using figures, which is then evaluated by arithmetical trials to trial an assumption or theory (Creswell, 1994). While the Qualitative method was quite different, instead using connotations, previous incidents and words (Naoum, 2007). Quantitative Methods can be less difficult in examining; it creates measurable outcomes that create analytical arithmetical results. They tend to be better for others to read and understand. While, qualitative information from research has a tendency to be complicated as it often requires researcher input and manipulation to ensure its appropriate for investigative procedures (Fellows and Liu, 2008). The methods adopted depend upon data obtainable as well as the research itself. By executing good research, its generally required and essential to use both quantitative and qualitative. Therefore a mixture o f the two was brought to play, for a more correct and more reliable conclusion; more is detailed further in this section. 2.4 Literature Review As mentioned previously literary appraisal was undertaken; providing a core subject knowledge in risk management of Highway construction. The idea in doing this was grasping how risk was analysed in Highway construction sector, and the procedures used in controlling it. Next research was done to discover how risk was managed, by using literature in form of books and journals. Then see SRMs risk management process from their risk management documentation. Dividing the literature review in two sections meant that one of the objectives could be fulfilled by comparing SRMs risk management approach with other construction companies. By doing the literary appraisal it imparted a better comprehension of the chosen topic of risk, and illustrated the problems and successes in risk management. While also showing the diverse and numerous ways in managing risk, and how the approach identified and selected can depend on many issues like project type, contract used or even size of companies and jobs themselves. The list literature sources below were used in delivering the dissertation:   Textbooks -were very useful in gaining the relevant knowledge of risk management, and procedures used. Books located in the library were discovered using the computer search engines. using. Chapters needed or thought appropriate were studied, and compared against searches that had been made on the internet. A check system, which assessed the validity of both sources of information against each other. With much of the research it became apparent that information in books available werent current especially in the older series of books. Despite this it wasnt a predicament for Risk management as texts of up to ten years old were and are significant and applicable now, with some techniques having improved. The books allowed for great comparison for up to date information on the internet. Journals were again located on the Loughborough University library database, which with the relevant buzz words located material of use. Finding journals proved difficult in comparison to textbook numbers, yet the sources were helpful.   Internet supplied a platform for research of literature. Being easy to use and handy, collating information could be done at speed and with relative ease. It allowed greater understanding of what type of book would be needed from the library. Information from the internet was important but it had its limits and it was vital to know that it can be inaccurate and cause misguidance, research can be more guaranteed with text and journals. This way of thinking about limitations in using the internet was in mind when searching websites on risk in the construction. Finding various helpful websites any information was compared other websites in order to increase reliability, but most importantly against book and journals. As with all research appropriate sources of reliability were identified and used like the RICS website. Two editorials from RICS site provided constructive, and were used in the literature review. In finding books the internet was most useful as many articles on websit es highlighted book of particular relevance and use.   SRMs Risk Management Procedures document SRMs risk management procedure document was used as section two of the literature review. Reading through the document and important information was used in the literature review, particularly, on the processes used by SRM in risk management. A comparison was made between SRMs procedures and with those found in the first half of the literature review. 2.5 Data Collection When actually collecting the data for the research the collection was again split into two parts. The initial data collection was from SRM projects, other data collection was associated to other contractors. The intention was to compare the risk procedures, and attempt at analysing which was the superior one. The next section shows how all the data collection was collected and prepared. 2.5.1 SRM Projects The information on the SRM jobs were formed while in placement during 2010, while working on the M1, involved in subcontractor packages and various Quantity surveying related work. Prior to any data collection, discussions with colleagues and senior managers took place in order to help formulate and aid the research as what would be required in terms of data. At this stage no hypothesis had been decided, the idea was to assess the accuracy of risks in the pretender assessments. Therefore colleagues stated and recommended the use of valid information in the form pretender and contractual risk registers could be provided. The contracts that would be made available were the M1 J25-28 scheme, A19 upgrade and M74 Glasgow project. Three similar Motorway/road maintenance projects that differ from each other contractually. A19 upgrade was a TMC to maintain, operate a network of strategic roads in the North East. M1 J25-28 and M74 are both MAC contracts for similar maintenance one in the midlands and the latter in Glasgow. A19 upgrade and M1 J25-28 are HA run, while M74 was for the Glasgow city council. The HA run their contracts by splitting their contracts into 13 sections in the UK, and in these projects cases offer for the extension and maintenance of the roads within these sections. The reason that A19 upgrade was a TMC but M1 J25-28 and M74, MAC based contracts were that previous to the MAC HA projects were also run with the TMC contract, but now all is done under MAC style. The contracts run for 5 years with optional extensions. Different sections of maintenance start and end at different areas on the motorway in question over a 5 year cycle, meaning that when MAC contracts were first used, some sections werent using them and using TMC etc A19 upgrade was a TMC completed in 2009, whereas M1 J25-28 scheme was a modern MAC contract just saw completion in late 2010. The difference in MACs and TMC are TMC two separate companies, one as managing agent the other as main contractor. MAC consists of the 1 contractor, running both as an agent to the client and as main contractor on site. Using the three contracts as the basis for the research the risk manager on the placement at SRM provided a pretender register for the M1 J25-28 risk management and A19 contractual phase, both of which he had involvement on. Trying to get pretender ones for M74 was problematic but couldnt find any. In order to have a full complete analysis, it was decided that for M74 to use another MAC pretender risk register. Pretty much similar to M74 except the location geographically. For sure this would create limitations but it could possible in using another risk register as SRM do when starting on a new comparable bids. So similarities would be high and that as long as it was noted in the dissertation as to its use and reasons why. Due to the generic nature of the risks they were deemed suitable as with what SRM do in practice. While on placement working on the M1 J25-28 contract meant developing contacts with colleagues who work day in day out on the subject are. Therefore requesting registers on M1 job was easier than the other jobs. The A19 contractual register came to me inn the same way. Getting the M74 contractual register, as the risk team on my placement had contact details for which to enquire with and the registers were duly emailed. 2.5.2 Rival Highway Contractors Obtaining information via rivals in the sector of road maintenance was much more difficult than from SRM sources, as they were very protective of information they gave out. The SRM jobs were Highways related, so the focus was getting some from Highway firms. By doing additional data collection it allowed for an honest comparison between SRM and other contractors. The methods were expected to have been alike if not the same, involving different construction projects; the data was likely to be different. The plan was to send questionnaires to the chosen contractors, but after unsuccessful returns it became apparent that another route would be needed, so interviews via telephone were deemed suitable. It seemed with written survey, contractors were inclined to take no notice of it or put a more generic thoughtless answer, While via a telephone interview response to the questions asked would be immediate and better, with no real confusion of what the question was asking as myself in person could explain. The Highway contractors contacted were: Morgan est. Vinci Balfour Beatty May Guerney A semi-structured set of questions was planned in order to gain the information required but also allowed telephone participant to elaborate and discuss the subject in a friendly professional manner. Contractors in Highways works were contacted, the dissertation of Risk Management was explained with the aims and objectives that needed to be achieved and asked the below queries: Does your company possess a methodology for the management of pretender risks? How does your company detect risks in the pretender phase? How does your company calculate final risk totals? Does your company undertake risk management after the contractual phase? ould I obtain a pretender and or contractual risk register to use in my research (for the Highways project you are on)? Each Contractor interviewed was told research being undertaking intended in contrasting data in pretender phase against the contractual as well as any assessments made. The questions were supposed to see what processes companies used in managing risks. Overall the different companies were helpful in answering these questions. The Fifth and final question was done to get registers like that gained from SRM. It was the only difficult part as many refused to hand registers over from live projects due to the sensitivity of their data and company policies. However some registers were received but didnt really contain the crucial information required just a formatted company risk register. Throughout the interviews, notes were made on the first four questions and the results put into a table at the time of the interview showing the company and their response to each question. Thus, making analysis easier when looking at the responses later in the dissertation. 2.6 Analysis of data Prior to analysis, the research had assessed how SRM price risks. It was crucial in knowing this before as it established the type of analysis would that be approved, and is detailed below. Upon formulating the risks that have been identified each risk will be categorised with maximum, most likely, minimum values and probability. The data was put through a programme @ RISK formulates hundreds of simulations, creating a graph showing the data. The 75th percentile is put in the final pretender as the final risk total. SRM do this for all of their projects. For this dissertation we were concerned in the risks recognised and individual costing risks as shown in paragraph above with min, max and probable etc. The focal point being what was keyed in to @ RISK as opposed to what it produces. For the Data analysis the SRM contracts have been split into their individual projects and the Other Highway contractors. The reason for splitting the SRMs projects was that the analysis varied in parts by way it had been collected as mentioned earlier (some with full risk registers some in part). 2.6.1 M1 J25-28s scheme and M74 Glasgow Analysis for M1 and M74 projects were pretty much the same. The M1 contract and pretender risk register could be matched up to the pretender and contractual registers for the M74 contract risks, due to them being MACs. In evaluating the accurateness of the risk registers and appraisals made, comparable risks to contractual register were then removed from the pretender. When comparing values in matching risks, it was vital to have a total value for both pretender and contractual registers. The best and most impartial methods for pretender register were to average the minimum, maximum, probable figures then multiplying by likelihood of the event. These were a range of potential expenses which could be incurred by the risk, and any total cost was decided to be an average of these, as all projects had them. As its unknown as to its actually occurrence the average should be multiplied by the probability, which gives a total potential cost to the risk. While the contract risk registers should be considered by severity and possibility by scale of 1-5, and then an assessment of the risk was undertaken, figuring out the most likely value as well as minimum and maximum. Mitigation measures are identified for each risk, and then assessment was done again as before the mitigation. The M74 didnt have min prices in its contractual register, therefore all risks were assumed to be zero. Without any minimum values any overall assessments of the risk would not have been made. The reason for not using the likely value instead was so the data would use a range of values. It was decided greater accuracy would be found in setting the minimum as zero and range of values than the most likely. By setting all its risks as zero means they are an unimportant minimum value or a risk/event that doesnt happen. The M1 contract register had all the necessary values so no intervention was needed. Both contract risk registers failed to show any probability, just a likelihood scale from 1-5. Therefore it was assumed, giving the scale a percentage instead, 10%, 20%, 30%, 50%, 70% and 90%. Then the total appraisals of the contractual registers were done through an identical method. Where similar contractual risks could be distributable to a few pretender risks in a register or vice versa, the total appraisal amounts were split by the quantity of risk items, in preventing them being counted twice. This was tabulated under the headings; the contract risks, pretender risks, information put into the registers, and total assessment. The contract risks were then categorised: Unrecognised however is protected (No value). Unrecognised but not protected ought to have been recognised. Unrecognised unable to recognise. Recognised while also protected. Identified yet unprotected. Each risk was grouped by colour to state which category from above it fell in. 2.6.2 A19 upgrade The breakdown of the A19 job was began in a similar way to the M1 J25-28 and M74 contracts. The measurement total cost for pretender register was done the same as in the other projects by averaging and the different range of values and dividing by probability of them occurring. When totalling the contract risks differences became apparent as the register calculated risks another way, as there were no costs. So Instead they were measured under the probability and impact style grid, using severity status as guides, whether that be low, medium or high. So in order to measure the total value of risks would mean assigning each risk a value and probability based on the risk severity system used, then times the two numbers to get the total assessment for that given risk This therefore required the assignment of cost and probabilities to be accurate. So by using the Risk severity matrix as used by SRM, a cost could be associated to a certain risk level. With use of the grid SRM review probability/likelihood with a scale from 1-5 and assign costs in numerical order of the probability scale for impact: Below  £1,000 Between  £1,000  £10,000 Between  £10,000  £100,000 Between  £100,000  £1,000,000 Above  £1,000,000 The figures above seemed a very useful guide and perfect to use, create a good range that could be easily used in analysis. The likelihoods for the risks events were given percentages instead of low, medium, high, so as to fit in to correspond and be like the information found in M1 and M74 projects, so: Low being 10%, Medium at 50% High 90%. These numbers were chosen as the provided not too certain outcomes for low and high at 10 and 90 percent, while the medium suited to being the mid point between the two figures. So in getting the total risk value, costs times probability. Then the rest of the analysis followed the same steps taken by M1 and M74 data analysis. 2.6.3 Analysis summary The tables of data for all three projects showing the comparisons made are in the appendices. These tables were only a start in analysing data as they on their own only show limited information that cannot fully test the hypothesis. So Risk recognition was key objective and so a list was formulated of any risks recognised, not recognised and not assessed, were omitted. From this list, risks could be categorised and therefore see which type of items could or could not be seen in pretender by the bid team. Now having had risks recognised and risks unrecognised as threats in pretender meant potentially testing a hypothesis as to whether pretender stage is inaccurate. From this new data 2 graphs were made highlighting and representing more clearly the type of items in registers that was recognised in pretender and those that werent. A review table was then drawn to finally account for the contract risks and categorised as below: Unrecognised however is protected (No value). Unrecognised but not protected ought to have been recognised. Unrecognised unable to recognise. Recognised while also protected. Identified yet unprotected. This table only really accounted for risks in pretender register which corresponded with contract risk, but not the other way round. So it didnt account for all risks found in pretender bid or how many werent in the contract register. So a total evaluation of risks featured in the pretender bid but not in the contract register, so as to fully see the accuracy or inaccuracy of it. As a result a Pretender table of risks recognised at contractual phase was made and the total appraisals done at both pretender bid and contractual phase were compared and contrasted. Last part glimpsed through inaccuracies of pretender register. Done by removing risks identified in pretender and contractual documents, the disparities then tabulated. The variations were categorised, and detailed in a Histogram. 2.6.4 Rival Highway Contractors The ways in which the other Highway teams identified assessed risks at pretender stage, were investigated. This was done by referring back to the table formulated at the time of the interviews. Proceeding with recognition and classification methods, digging out the methods used, what company used what method type. The same was done for the appraisals of risk, so formed 2 pie charts showing the recognition and appraisal of the rival companies risk management processes. It illustrates the most popular methods used by the Highway Contractors interviewed. These methods were compared against the methods SRM use. Many of the companies did turn down the opportunity in handing over information, citied by them as the company policies not to do so and the information is delicate. However some registers were received but didnt really contain the crucial information required just a formatted company risk. Also it proved difficult to obtain pretender and contractual registers, instead receiving o ne without having the other to compare against. Need to fill in contractors interviewed etc!!!!! It was very helpful to look at the various formats of different registers that companys used, and the informatio

Managing Motivation in Economy Essay

The firm has had to close quite a few locations, reversing its expansion plans for the first time since it incorporated. Being that this is uncharted territory for the company, Jim Claussen, vice president for human relations, had been struggling with how to address the issue with employees. As the company’s fortunes worsened, he could see that employees were becoming more and more disaffected. Their insecurity about their jobs was taking a toll on attitudes. The company’s downsizing was big news, and the employees didn’t like what they were hearing. Media reports of Morgan-Moe’s store closings have focused on the lack of advance notice or communication from the company’s corporate offices, as well as the lack of severance payments for departing employees. In the absence of official information, rumors and gossip have spread like wildfire among remaining employees. A few angry blogs developed by laid-off employees, like IHateMorganMoe. blogspot. com, have made the morale and public relations picture even worse. Morgan-Moe is changing in other ways as well. The average age of its workforce is increasing rapidly. A couple of factors have contributed to this shift. First, fewer qualified young people are around because many families have moved south to find jobs. Second, stores have been actively encouraged to hire older workers, such as retirees looking for some supplemental income. Managers are very receptive to these older workers because they are more mature, miss fewer days of work, and do not have child-care responsibilities. They are also often more qualified than younger workers because they have more experience, sometimes in the managerial or executive ranks. These older workers have been a great asset to the company in troubled times, but they are especially likely to leave if things get bad. If these older workers start to leave the company, taking their hard-earned experience with them, it seems likely that Morgan-Moe will sink deeper toward bankruptcy. The System Claussen wasn’t quite sure how to respond to employees’ sense of hopelessness and fear until a friend gave him a book entitled Man’s Search for Meaning. The book was written by a psychologist named Victor Frankl who survived the concentration camps at Auschwitz. Frankl found that those who had a clear sense of purpose, a reason to live, were more likely to persevere in the face of nearly unspeakable suffering. Something about this book, and its advocacy of finding meaning and direction as a way to triumph over adversity, really stuck with Claussen. He thought he might be able to apply its lessons to his workforce. He proposed the idea of a new direction for management to the company’s executive committee, and they reluctantly agreed to try his suggestions. Over the last 6 months, stores throughout the company have used a performance management system that, as Claussen says, â€Å"gets people to buy into the idea of performing so that they can see some real results in their stores. It’s all about seeing that your work serves a broader purpose. I read about how some companies have been sharing store performance information with employees to get them to understand what their jobs really mean and participate in making changes, and I thought that was something we’d be able to do. † The HR team came up with five options for the management system. Corporate allowed individual managers to choose the option they thought would work best with their employees so that managers wouldn’t feel too much like a rapid change was being forced on them. Program I is opting out of the new idea, continuing to stay the course and providing employees with little to no information or opportunities for participation. Program II tracks employee absence and sick leave and shares that information with individual employees, giving them feedback about things they can control. Management takes no further action. Program III tracks sales and inventory replacement rates across shifts. As in Program II, information is shared with employees, but without providing employee feedback about absence and sick leave. Program IV, the most comprehensive, tracks the same information as Programs II and III. Managers communicate it in weekly brainstorming sessions, during which employees try to determine what they can do better in the future and make suggestions for improving store performance. Program V keeps the idea of brainstorming but doesn’t provide employees with information about their behavior or company profits. Since implementing the system, Claussen has spoken with several managers about what motivated them to choose the program they did. Artie Washington, who chose Program IV, said, â€Å"I want to have my employees’ input on how to keep the store running smoothly. Everybody worries about his or her job security in this economy. Letting them know what’s going on and giving them ways to change things keeps them involved. † Betty Alvarez couldn’t disagree more. She selected Program I. â€Å"I would rather have my employees doing their jobs than going to meetings to talk about doing their jobs. That’s what management is for. † Michael Ostremski, another proponent of Program I, added, â€Å"It’s okay for the employees to feel a little uncertain—if they think we’re in the clear, they’ll slack off. If they think we’re in trouble, they’ll give up. Cal Martins also questions the need to provide information to the whole team, but he chose Program II. â€Å"A person should know where he or she stands in the job, but they don’t have to know about everyone else. It creates unnecessary tension. † This is somewhat similar to Cindy Ang’s reason for picking Program V. â€Å"When we have our brainstorming meetings, I learn what they [the employees] think is most pressing, not what some spreadsheet says. It gives me a better feel for what’s going on in my store. Numbers count, of course, but they don’t tell you everything. I was also a little worried that employees would be upset if they saw that we aren’t performing well. † Results to Date Claussen is convinced the most elaborate procedure (Program IV) is the most effective, but not everyone in the executive committee is won over by his advocacy. Although they have supported the test implementation of the system because it appears to have relatively low costs, others on the committee want to see results. CEO Jean Masterson has asked for a complete breakdown of the performance of the various stores over the past 4 years. She’s specially interested in seeing how sales figures and turnover rates have been affected by the new program. The company has been collecting data in spreadsheets on sales and turnover rates, and it prepared the following report, which also estimates the dollar cost of staff time taken up in each method. These costs are based on the number of hours employees spend working on the program multiplied by their wage rate. Estimates of turnover, profit, and staff time are collected per store. Profit and turnover data include means and standard deviations across locations; profit is net of the monthly time cost. Turnover information refers to the percentage of employees who either quit or are terminated in a month. To see if any patterns emerged in managers’ selection of programs, the company calculated relationships between program selection and various attributes of the stores. Program I was selected most frequently by the oldest stores and those in the most economically distressed areas. Programs II and III were selected most frequently by stores in urban areas and in areas where the workforce was younger on average. Programs IV and V were selected most frequently in stores in rural areas, and especially where the workforce is older on average.

Contract Case Study Essay

1.Adams orders one thousand widgets at $5 per widget from International Widget to be delivered within sixty days. After the contract is consummated and signed, Adams requests that International deliver the widgets within thirty days rather than sixty days. International agrees. Is the contractual modification binding? Yes the contract modification is binding because both parties agreed to the modification before the widgets were delivered. When Adams requested the new shipping method and International agreed to the new terms. In problem 1, what effect, if any, would the following letter have? International Widget: In accordance with our agreement of this date you will deliver the one thousand previously ordered widgets within thirty days. Thank you for your cooperation in this matter. (signed) Adams The letter wouldn’t have any affect at all because the contract has already been modified by both parties and had been accepted. It would just be useful if for some reason one of the parties didn’t fulfill their part of the new contract. Browne & Assoc., a San Francisco company, orders from U.S. Electronics, a New York company, ten thousand electronic units. Browne & Assoc.’s order form provides that any dispute would be resolved by an arbitration panel located in San Francisco. U.S. Electronics executes and delivers to Browne & Assoc. its acknowledgment form, which accepts the order and contains the following provision: ‘‘All disputes will be resolved by the State courts of New York.’’ A dispute arises concerning the workmanship of the parts, and Browne & Assoc. wishes the case to be arbitrated in San Fran- cisco. What result The case would be arbitrated in San Fransico because the New York company agreed to their term of â€Å"Browne & Assoc.’s order form provides that any dispute would be resolved by an arbitration panel located in San Francisco† and they didn’t agree to modify the contract to change that. 2. Smith, having contracted to sell to Beyer thirty tons of described fertilizer, shipped to Beyer by carrier thirty tons of fertilizer, which he stated conformed to the contract. Nothing was stated in the contract as to time of payment, but Smith demanded payment as a condition of handing over the fertilizer to Beyer. Beyer refused to pay unless he were given the opportunity to inspect the fertilizer. Who is correct? Explain. Smith is  correct because Beyer contracted him to deliver the thirty tons of fertilizer, and like Smith stated is conformed the contract. Edwin sells a sofa to Jack for $800. Edwin and Jack both know that the sofa is in Edwin’s warehouse, located approximately ten miles from Jack’s home. The contract does not specify the place of delivery, and Jack insists that the place of delivery is either his house or Edwin’s store. Is Jack correct? In my opinion I don’t think jack is correct because it was not stated in a contract that the sofa was to be delivered to jacks home and even with him knowing the sofa was in the warehouse 10 miles away he still purchased the sofa. 6. On November 4, Kim contracted to sell to Lynn 500 sacks of flour at $4 each to be delivered to Lynn by December 12. On November 27, Kim shipped the flour. By December 5, when the shipment arrived, containing only 450 sacks, the market price of flour had fallen. Lynn refused to accept delivery or to pay. Kim shipped 50 more sacks of flour, which arrived December 10. Lynn refused delivery. Kim resold the 500 sacks of flour for $3 per sack. What are Kim’s rights against Lynn? Kim has no rights against Lynn because the order was never fulfilled on her part because Lynn never accepted the shipment of the remaining 50 sacks of flour on December 10. 1. Stein, a mechanic, and Beal, a life insurance agent, entered into a written contract for the sale of Stein’s tractor to Beal for $6,800 cash. It was agreed that Stein would tune the motor on the tractor. Stein fulfilled this obligation and on the night of July 1 telephoned Beal that the tractor was ready to be picked up upon Beal’s making payment. Beal responded, ‘‘I’ll be there in the morning with the money.’’ On the next morning, however, Beal was approached by an insurance prospect and decided to get the tractor at a later date. On the night of July 2, the tractor was destroyed by fire of unknown origin. Neither Stein nor Beal had any fire insurance. Who must bear the loss? Stein will have to bear the loss because even though he fulfilled everything he was suppose to do on the contract Beal never picked up the tractor for him and still had full possession of the tractor on the night of the fire. 7. Smith was approached by a man who introduced himself as Brown of Brown & Co. Brown was not known to Smith, but Smith asked Dun & Bradstreet for a credit report and obtained a very favorable report on Brown. He thereupon sold Brown some expensive gems and billed Brown & Co.  Ã¢â‚¬ËœÃ¢â‚¬ËœBrown’’ turned out to be a clever jewel thief, who later sold the gems to Brown & Co. for valuable consideration. Brown & Co. was unaware of ‘‘Brown’s’’ transaction with Smith. Can Smith successfully sue Brown & Co. for either the return of the gems or the price as billed to Brown & Co.? No he cannot sue for the gems because the items were sold to them as a third party and they had no affiliation with the person who went by Brown at all. 9. Brilles offered to sell his used automobile to Nevarro for $12,600 cash. Nevarro agreed to buy the car, gave Brilles a check for $12,600, and drove away in the car. The next day Nevarro sold the car for $13,000 to Hough, a bona fide purchaser. The $12,600 check was returned to Brilles by the bank in which he had deposited it because of insufficient funds in Nevarro’s account. Brilles brings an action against Hou gh to recover the automobile. What judgment? Brilles wouldn’t be able to get his car or money from Hough because the title was transferred over to him by Nevarro not brilles. Brilles would only be able to get his money back from Nevarro. 2. The Talent Company, manufacturer of a widely advertised and expensive perfume, sold a quantity of this product to Young, a retail druggist. Dentley and Bird visited Young’s store and Dent- ley, desiring to make a gift to Bird, purchased from Young a bottle of this perfume, asking for it by its trade name. Young wrapped up the bottle and handed it directly to Bird. The perfume contained a foreign chemical that, upon the first use of the perfume by Bird, severely burned her face and caused a permanent facial disfigurement. What are the rights of Bird, if any, against Dentley, Young, and the Talent Company, respectively? Bird has the right to go after both the Talent Company because they are the ones who made the perfume and are reliable for their products and young because they were the ones selling a product that they have not used and redeemed safe for their coustmers. 4. A route salesperson for Ideal Milk Company delivered a one- half-gallon glass jug of milk to Allen†™s home. The next day, when Allen grasped the milk container by its neck to take it out of his refrigerator, it shattered in his hand and caused serious injury. Allen paid Ideal on a monthly basis for the regular delivery of milk. Ideal’s milk bottles each contained the legend ‘‘Property of Ideal— to be returned,’’ and the route salesperson would pick up the empty bottles when he delivered milk. Can Allen recover damages from  Ideal Milk Company? Why? No Allen wouldn’t be able to recover anything from the milk company because there wouldn’t be enough proof that the milk container was faulty, even though it might have been 10. Plaintiff, while dining at defendant’s restaurant, ordered a chicken potpie. While she was eating, she swallowed a sliver of chicken bone, which became lodged in her throat, causing her serious injury. Plaintiff brings a cause of action. Should she prevail? Why? Yes she would prevail because the food is not s uppose to have bones in it, and the restaurant is going to have to be liable for their product and pay for the plaintiffs injury’s that she suffered from eating at the restaurant. 1. Mae contracted to sell one thousand bushels of wheat to Lloyd at $5.00 per bushel. Just before Mae was to deliver the wheat, Lloyd notified her that he would not receive or accept the wheat. Mae sold the wheat for $4.60 per bushel, the market price, and later sued Lloyd for the difference of $400. Lloyd claims he was not notified by Mae of the resale and, hence, is not liable. Is Lloyd correct? Why? Yes Lloyd is correct because he inform Mae that he didn’t want the bushels any more, which terminated the contract. Then when Mae didn’t deliver them she accepted that the contract was terminated. 9. Calvin purchased a log home construction kit manufactured by Boone Homes, Inc., from an authorized Boone dealer. The sales contract stated that Boone would repair or replace defective materials and that this was the exclusive remedy available against Boone. The dealer assembled the house, which was defective in several respects. The knotholes in the logs caused the walls and ceiling to leak. A support beam was too small and therefore cracked, causing the floor to crack also. These defects could not be completely cured by repair. Should Calvin prevail in a lawsuit against Boone for breach of warranty to recover damages for the loss in value? Yes Calvin would prevail in court because they stated that they would replace or repair defective material, and the material that Calvin received was defective and it cant be repaired so they have to pay for it to get it replaced or replace it them self’s. 16. Serve best contracted to sell Emessee two hundred thousand pounds of 50 percent lean beef trimmings for $105,000. Upon a substantial fall in the market price, Emessee refused to pay the contract price and informed Servebest that the contract was canceled. Servebest sues Emessee for breach of contract, including (a) damages for the difference between the contract price and the resale price of the trimmings, and (b) incidental damages. Decision? Servebest can only recover damages for no acceptance or repudiation because the buyer breached the contract. 1. Roy Rand executed and delivered the following note to Sue Sims: ‘‘Chicago, Illinois, June 1, 2011; I promise to pay to Sue Sims or bearer, on or before July 1, 2011, the sum of $7,000. This note is given in consideration of Sims’s transferring to the undersigned title to her 2002 Buick automobile. (signed) Roy Rand.’’ Rand and Sims agreed to defer delivery of the car to July 1, 2011. On June 15, Sims sold and delivered the note, without endorsement, to Karl Kaye for $6,200. What rights, if any, has Kaye acquired? Kaye has acquired the entire right of the money remaining on the note that Roy needs to pay for the 2002 Buick because Kaye became the bearer when he purchased the note from Slims. 7. Simon Sharpe executed and delivered to Ben Bates a negotiable promissory note payable to the order of Ben Bates for $500. Bates indorsed the note, ‘‘Pay to Carl Cady upon his satisfactorily repairing the roof of my house, (signed) Ben Bates,’’ and delivered it to Cady as a down payment on the contract price of the roofing job. Cady then indorsed the note and sold it to Timothy Tate for $450. What rights, if any, does Tate acquire in the promissory note? Tate would only acquire the promissory note if Cady fulfills his agreement with bates on repairing the roof, because if he does not finish repairing the roof he was never entitled to the check in the first place. 8. Debbie Dean issued a check to Betty Brown payable to the order of Cathy Cain and Betty Brown. Betty indorsed the check ‘‘Payable to Elizabeth East, (signed) Betty Brown.’’ What rights, if any, does Elizabeth acquire in the check? Elizabeth acquires all rights to the check because Betty indorsed the check to her when she wrote on the check â€Å"‘‘Payable to Elizabeth East, (sign ed) Betty Brown.’’ 4. Adams, who reads with difficulty, arranged to borrow $5,000 from Bell. Bell prepared a note, which Adams read laboriously. As Adams was about to sign it, Bell diverted Adams’s attention and substituted the following paper, which was identical to the note Adams had read except that the amounts were different: On June 1, 2011, I promise to pay Ben Bell or order Twelve Thousand Dollars with interest from date at 8 percent. This note is secured by certificate No. 13 for 100 shares of stock of Brookside Mills, Inc. Adams did not detect the substitution, signed as maker, handed the note and stock certificate to Bell, and received from Bell $5,000. Bell indorsed and sold the paper to Fore, a holder in due course, who paid him $10,000. Fore presented the note at maturity to Adams, who refused to pay. What are Fore’s rights, if any, against Adams? Fores has no right again Adams because the contract he signed was not the one they agreed upon and Bell took advantage of him because Bell knew Adams couldn’t see well and switched the contract to make him pay double of the loan with 8% interest. 9. Donna gives Peter a check for $2,500 in return for a laptop computer. The check is dated December 2. Peter transfers the check for value to Howard on December 14, and Howard deposits it in his bank on December 20. In the meantime, Donna has dis- covered that the computer is not what was promised and has stopped payment on the check. If Peter and Howard disappear, may the bank recover from Donna notwithstanding her defense of failure of consideration? What will be the bank’s cause of action? No the bank may not recover the money because the check has already been cashed in by Howard who has nothing to do with the transaction, if Donna had the check and dint cash it then th e bank would be able to stop the check and cancel it. 3. A negotiable promissory note executed and delivered by B to C passed in due course and was indorsed in blank by C, D, E, and F. G, the present holder, strikes out D’s indorsement. What is the liability of D on her indorsement? D would have no liability on the endorsement on the check given by A because his name was taken off the check, which made him not liable for the endorsement anymore. 6. Alpha orally appointed Omega as his agent to find and purchase for him a 1930 Dodge automobile in good condition, and Omega located such a car. Its owner, Roe, agreed to sell and deliver the car on January 10, 2011, for $9,000. To evidence the purchase price, Omega  mailed to Roe the following instrument: December 1, 2010 $9,000.00†¨We promise to pay to the order of bearer Nine Thousand Dollars with interest from date of this instrument on or before January 10, 2011. This note is given in consideration of John Roe’s transferring title to and possession of his 1930 Dodge a utomobile. (Signed) Omega, agent Smith stole the note from Roe’s mailbox, indorsed Roe’s name on the note, and promptly discounted it with Sunset Bank for $8,700. Not having received the note, Roe sold the car to a third party. On January 10, the bank, having discovered all the facts, demanded payment of the note from Alpha and Omega. Both refused payment. (a) What are Sunset Bank’s rights with regard to Alpha and Omega? (b) What are Sunset Bank’s rights with regard to Roe and Smith? Sunset bank would have no rights against omega; the bank could only reaccredit the money stolen from the stolen check and attempt to get the money back from Smith if they can find him. 10. R&A Concrete Contractors, Inc., executed a promissory note that identifies both R&A Concrete and Grover Roberts as its makers. On the reverse side of the note, the following appears: ‘‘X John Ament Sec. & Treas.’’ National Bank of Georgia, the payee, now sues both R&A Concrete and Ament on the note. What rights does National Bank have against R&A and Ament? National Bank has no right against R & A because they are not liable for the payments of the note; they also received full rights to the promissory note when they handed it over to National Bank. 9. Jason, who has extremely poor vision, went to an automated teller machine (ATM) to withdraw $200 on February 1. Joshua saw that Jason was having great difficulty reading the computer screen and offered to help. Joshua obtained Jason’s personal identification number and secretly exchanged one of his old credit cards for Jason’s ATM card. Between February 1 and February 15, Joshua withdrew $1,600 from Jason’s account. On February 15, Jason discovered that his ATM card was missing and immediately notified his bank. The bank closed Jason’s ATM account on February 16, by which time Joshua had withdrawn another $150. What is Jason’s liability, if any, for the unauthorized use of his account? †¨ Jason would have full liability on the unauthorized use of his account, and would be reaccredited from the bank on both the charges made by Joshua on February 15 of 1$1,600 and the second ATM  withdrawal made on February 16 of $150. 10. On July 21, Boehmer, a customer of Birmingham Trust, secured a loan from that bank for the principal sum of $5,500 to purchase a boat allegedly being built for him by A.C. Manufacturing Company, Inc. After Boehmer signed a promissory note, Birmingham Trust issued a cashier’s check to Boehmer and A.C. Manufacturing Company as payees. The check was given to Boehmer, who then forged A.C. Manufacturing Company’s indorsement and deposited the check in his own account at Central Bank. Central Bank credited Boehmer’s account and then placed the legend ‘‘P.I.G.,’’ meaning ‘‘Prior Indorsements Guaranteed,’’ on the check. The check was presented to and paid by Birmingham Trust on July 22. When the loan became delinquent in March of the following year, Birmingham Trust contacted A.C. Manufacturing Company to learn the location of the boat. They were informed that it had never been purchased, and they soon after learned tha t Boehmer had died on January 24 of that year. Can Birmingham Trust obtain reimbursement from Central Bank under Central’s warranty of prior indorsements? Explain. Birmingham trust wouldn’t be able to obtain reimbursement for the indorsement from A.C because the check was forged with their name, the bank could how ever reimburse them if it meets their requirements. 11. Lile, an insurance broker who handled all insurance for Tempo Co., purchased a fire policy from Insurance Company insuring Tempo Co.’s factory against fire in the amount of $1.5 million. Before the policy was delivered to Tempo and while it was still in Lile’s hands, Tempo advised Lile to cancel the policy. Prior to cancellation, however, Tempo suffered a loss. Tempo now makes a claim against Insurance Company on the policy. The premium had been billed to Lile but was unpaid at the time of loss. In an action by Tempo Co. against Insurance Company, what judgment? The Insurance Company would win because they are not responsible for the loss that Tempo suffered since they canceled the Insurance and did not were not paying for the liability insurance. 1. In January, Roger Burke loaned his favorite nephew, Jimmy White, his valuable Picasso painting. Knowing that Jimmy would celebrate his twenty-first birthday on May 15, Burke sent a letter to Jimmy on April 14 stating: à ¢â‚¬ ¨Dear Jimmy,†¨Tomorrow I leave on my annual trip to Europe, and †¨I want to make you a fitting birthday gift, which I do by  sending you my enclosed promissory note. Also I want you to keep the Picasso that I loaned you last January, and you may now consider it yours. Happy birthday! †¨Affectionately, /s/ Uncle Roger †¨The negotiable promissory note for $5,000 sent with the letter was signed by Roger Burke, payable to Jimmy White or bearer, and dated May 15. On May 21, Burke was killed in an automobile accident while motoring in France. †¨First Bank was appointed administrator of Burke’s estate. Jimmy presented the note to the administrator and demanded payment, which was refused. Jimmy brought an action against First Bank as administrator, seeking recovery on the note. The administrator in turn brought an action against Jimmy, seeking the return of the Picasso. †¨(a) What decision in the action on the note? †¨(b) What decision in the action to recover the painting? Jimmy would prevail in court because he was entitled both the painting and the money, when his uncle sent him the letter before he passed away stating that the Picasso & $5000 was a gift for his twenty-first birthday. 1. Kirkland conveyed a farm to Adland to have and to hold for and during his life and upon his death to Rubin. Some years thereafter, oil was discovered in the vicinity. Adland thereupon made an oil and gas lease, and the oil company set up its machinery to commence drilling operations. Rubin thereupon filed suit to enjoin the operations. Assuming an injunction to be the proper form of remedy, what decision? Rubin wouldn’t prevail in court because the oil and gas lease was made when Adland was the owner of the land and had the right to do what ever he pleased with the land until he passed away and had to pass it on to Rubin. 2. Smith owned Blackacre in fee simple absolute. In section 3 of a properly executed will, Smith devised Blackacre as follows: ‘‘I devise my farm Blackacre to my son Darwin so long as it is used as a farm.’’ Sections 5 and 6 of the will made gifts to persons other than Darwin. The last and residuary clause of Smith’s will provided: ‘‘All the residue of my real and personal property not disposed of heretofore in this will, I devise and bequeath to Stanford University.’’ Smith died in 2011, survived by her son Darwin. Smith’s estate has been administered. Darwin has been offered $100,000 for Black acre if he can convey title to it in fee simple. No, Darwin wouldn’t be able to receive the land Black acre from the will because his intention was to sell the land for $100,000 and  not use the land for farming. Which was a requirement under the will that Smith left and if he did not meet those requirements the land would be entitled to someone else stated in section 5 and 6. 7. In her will, Teresa granted a life estate to Amos in certain real estate, with remainder to Brenda and Clive in joint tenancy. All the residue of Teresa’s estate was left to Hillman College. While going to Teresa’s funeral, the car in which Amos, Brenda, and Clive were driving was wrecked. Brenda was killed instantly, Clive died a few minutes later, and Amos died on his way to the hospital. Who is entitled to the real estate in question? Amos, Brenda, and Clive, heirs would be entitled to their portions of the estate that they are receiving from the will in Teresa will, and the rest of Teresa’s will would be given to Hillmans College as stated in the will. 3. Robert and Stanley held legal title of record to adjacent tracts of land, each consisting of a number of five acres. Stanley fenced his five acres in 1986, placing his east fence fifteen feet onto Robert’s property. Thereafter, he was in possession of this fifteen-foot strip of land and kept it fenced and cultivated continuously until he sold his tract of land to Nathan on March 1, 1991. Nathan took possession under deed from Stanley, and continued possession and cultivation of the fifteen-foot strip that was on Robert’s land until May 27, 2011, when Robert, having on several occasions strenuously objected to Nathan’s possession, brought suit against Nathan for trespass. Explain whether Nathan has gained title by adverse possession. Nathan would not prevail in court because the land is owned by Robert and the contract that he had with Stanley was established for them in 1989 and not to Nathan who took over the land on March 1, 1991. 5. On January 1, 2011, Davis and Hershey owned Black acre as tenants in common. On July 1, 2011, Davis made a written contract to sell Black acre to Gregg for $25,000. Pursuant to this contract, Griggs paid Davis $25,000 on August 1, 2011, and Davis executed and delivered to Gregg a warranty deed to Black acre. On February 1, 2012, Hershey quitclaimed his interest in Black acre to Davis. Gregg brings an action against Davis for breach of warranty of title. What judgment? Davis would prevail because he sold him the entire land and not just his portion of Black acre even though he was not entitled to the land  in full. Since Hershey owned a portion of the land the contract needed Hershey’s signature for it to be valid. 8.The city of Boston sought to condemn land in fee simple for use in constructing an entrance to an underground terminal for a subway. The owners of the land contend that no more than surface and subsurface easements are necessary for the terminal entrance and seek to retain air rights above thirty-six feet. The city argues that any building utilizing this airspace would require structural supports that would interfere with the city’s plan for the terminal. The city concedes that the properties around the condemned property could be assembled and structures could be designed to span over the condemned property, in which case the air rights would be quite valuable. Can the city condemn the property? No the city can not condemn this property because they only have the right to the land below the surface if they want to build the entrance 36 feet in the air they would need to get the air rights from the owner. 3. Collins was trustee for Indolent under the will of Indolent’s father. Indolent, a middle-age doctor, gave little concern to the management of the trust fund, contenting himself with receiving the income paid him by the trustee. Among the assets of the trust were one thousand shares of ABC Corporation and one thousand shares of XYZ Corporation. About two years before the termination of the trust, Collins, at a fair price and after full explanation to Indo- lent, purchased from the trust the ABC stock. At the same time but without saying anything to Indolent, he purchased the XYZ stock at a price in excess of its then market value. At the termination of the trust, both stocks had advanced in market value well beyond the prices paid by Collins, and Indolent demanded that Collins either account for this advance in the value of both stocks or replace the stocks. What are Indolent’s rights? Indolent would only have rights to the XYZ stock because he purchased those stocks with out the any ones permission. In the case of the ABC stock he would not receive anything back because he sold the stock at a fair price to Collins. Upon George Welch’s death, he was survived by his second wife, Dorothy Welch, and his daughter by his first marriage, Patricia Fisher. At the time George and Dorothy were married, George was in  very poor health and he relied on Dorothy to care for him. During the eight months George and Dorothy were married, George became isolated from his family and his health deteriorated. Prior to his death, George transferred the bulk of his assets to Dorothy. Dorothy assisted in the transfer of George’s assets and often completed checks and other papers for George’s signature. George also made a new will that named Dorothy as his sole beneficiary. Patricia was the sole beneficiary of his prior will. Through the transfers of assets and the new will, Dorothy received $570,000. Does Patricia have any legal recourse? Explain. No Patricia does not have any legal rights because everything transferred to Dorothy’s name was done with the consent of George, and everything i n the will was left to Patricia according to Georges new will.

Cell Phone Society Analysis - 963 Words

Ayala1 Isaac Ayala Mrs. Benas English 85 November 2, 2014 Cell phone society On December 3rd, 1992 a british engineer by the name of Neil Papworth sent the very first text message in the history of wireless communication. The way he achieved wasn t by cell phone to cellphone. It was successful done by computer to cellphone. The SMS, short for short message service, sent that day was â€Å" Merry Christmas† That’s when the age of wireless communication began. Although people thought it was a revolution to start communicating wirelessly with others. But what they are really getting out of it is a device that people, till this day, mindlessly spend their time texting. Are they really getting closer as humans should? Or are they looking at a screen while life flows away at each touch of the screen. Before I had a cellphone I was so optimistic and outgoing that life, to me, was just so beautiful and full of joy. I would always ask people to hangout and at times I would go out just to see how the day was. Unfortunately for me, that all changed my sophomore year in high school. Don’t get me wrong I was thankful that I have gotten my first phone after all the years I ve been asking for one. I felt as if I had more freedom and more of a connection towards others. However, after a year into this ordeal I started to notice myself become more indoors and more attached to my cellular device. I wanted more attention from others not in real life but by receiving messages or phone calls and IShow MoreRelatedCell Phones And Its Impact On Society929 Words   |  4 PagesIntroduction Cell phones play an important role in the exchange of information throughout the world today. The impact of this technological revolution across the globe has demonstrated a drastic change in which humans interact by carrying out real-time communication using cell phones. An analysis by Ezoe et al., (2009) in a survey about Harvard University students behaviors and addictions when using phones concluded that more than 65% of the college students directly interact with phones and more thanRead MoreImpact of Cell Phones1262 Words   |  6 Pagesusage of cellular phones has become ubiquitous in our American society, illustrating the growing effects of technology on our advancing society. It is nearly impossible to imagine entering any public setting without encountering at least one person using a cell phone because this has become a part of normal, everyday life. The benefits to mobile communication are numerous; however, many would argue that the detriments are abundant as well. An i mpartial view of the effects of cell phone use would stillRead MoreAnalysis of Telephone Handset Obsolescence in the US and the Emerging Market in Cuba1729 Words   |  7 Pagesï » ¿ Analysis Of Telephone Handset Obsolescence In The U.S. and Emerging Market In Cuba Market for Telephone Handsets in the U.S. The levels of adoption and obsolescence of telephone handsets vary by demographic segment of the U.S. Using U.S. Census data to define the extent of consolidation shows the level of basic cell phone adoption and the very rapid adoption of smartphones throughout key demographic segments of Americans (U.S. Census Bureau, 2009). This distinction between cell phonesRead MoreMobile Phone Use And Semen Quality870 Words   |  4 PagesGrowing up in a technology based society has its perks, our society has endless amounts of information at our finger tips. But, the increase in cell phone usage has brought up many concerns relating to our health. When I think about these health concerns, I think about my mother lecturing me, â€Å"Katheryn Paige Leyde, take your phone out of your front pockets right now!† I would role my eyes, and pull my phone out of my pocket. I never really thought of technology as a health hazard, but my motherRead MoreDifferentiating Between Market Structures in Kudler1564 Words   |  7 PagesConditions Competitive Analysis Jerona Green, Darlene Wilson, Bronda Perkins, Christopher Pollard ECO/365 April 8, 2013 Samuel Imarhiagbe Current Market Conditions Competitive Analysis In today’s society the cell phone market is a huge competitive industry for cell phone companies. There have been studies that show that half the world has cell phone accounts. One attribute that defines the cell phone market is the idea of consumers is giving up their land line phones. This has caused aRead MoreCommunication Reflection734 Words   |  3 Pagesspecifically, experiential learning. This revelation further drove me towards critically analyzing and questioning various norms within society. In particular, the pervasive use of cell phones presented an interesting opportunity to explore. As a student, my cell phone extends beyond the confines of a material possession rather it reflects an extension of my being. A cell phone holds valuable documents, memories, schedules, medical information, ID’s, maps, and credit cards. Therefore, my cellphone is anRead MoreArticle Analysis : Cell Phone Use While Walking Across Campus1075 Words   |  5 PagesArticle analysis of Cell Phone Use While Walking Across Campus: An Observation and Survey. An analysis by Morgan Penrose. This essay will identify and summarise the article Cell Phone Use While Walking Across Campus: An Observation and Survey written by Tessa Jones and published by Elon Journal in 2014. It will also discuss the depth of the article by looking at key elements of the essay such as statistics, references, as well as whether or not the essay provides an in-depth analysis of the subjectRead MoreImpact Of Cell Phones On Society1509 Words   |  7 PagesImpacts of Cellphones use in Society Advancements in technology have resulted in the invention of devices and machines that increase the efficiency and quality of life. Notably, the design of the cellphone and the internet highlights the latest technology that captivates both young and old. Mobile phones have become an integral part of our society. Primarily, the development of cellphones which combine different sophisticated features has made the device one of the necessities of life. So far, statisticsRead MoreWhy Driving and Cell Phones Do Not Mix Essay1544 Words   |  7 Pageson a cell phone while driving is careless and extremely dangerous not only to the driver but also to others to others driving on the road as well. Cell phones cause distraction while trying to drive, and people are no longer just talking on their cell phones, they are also text messaging, and surfing the worldwide web. Many believe that hands-free devices could be a solution to this problem, but the fact is hands free devices are just as d angerous to use while driving as hand held cell phones. BecauseRead MoreRelationship Between Driving Performance And Participating1584 Words   |  7 Pagesrecommendations for policy makers regarding cell phone use while driving. A comparison and contrast of the research results regarding cognitive abilities affected, while distracted during cell phone use is provided. Additionally, based on gaps in current research, a description of the variables, populations, and situations for future research is addressed herein. Generating a Policy Proposal Introduction/Background In today s technological society, one is inundated with smart devices, which allow