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qqBus221Response-110 wordWhen developing a system I believe the first 3 phases, systems Investigation, systems analysis and system design are absolutely critical to system development. If I have to pick the most important I would select System Design as the most important phase.The reason is, this is where the system analyst has to pass the system requirements off to the development team. This tends to be where the biggest problems occur.  We have all play the game where you tell someone something then they go around the room trying to repeat it and by time it comes to the last person the entire statement is changed. Trying to pass everything that the analyst has gathered into something the development team understands is never easy (Framling 2007). If this knowledge transfer is successful then the development team through their experience and skill will generally be able to build the system.  This is also the phase where you will see the biggest mistakes made with outsourcing as well.  Some companies like Edgewater technology will always send the lead developer to preliminary meetings with the system analyst.In many companies the system analyst is also the project manager. There is a good reason for this; they need to stay on top of the development process. Let’s face it they are the ones that should know exactly what the product owner is looking for. This is especially true during the early stages of development to make sure that too much time and money does not get wasted if the development team is heading in the wrong direction.  If the system analyst is not the project manager they will still remain as an advisor during the life cycle. This is also where modern methodologies like agile development are very helpful and is being adopted by many companies. Agile development is great for coordinating the life cycle with the product owners and major stakeholders to continue to get feedback. As I said earlier, that the gathering of information is also critical because if the knowledge gathered is wrong then the entire project is on a path for failure (Lai & Tsen 2013).  The bottom line is that all phases are important, that’s my story and I’m sticking to it.  Lai, W., & Tsen, H. (2013). Exploring the relationship between system development life cycle and knowledge accumulation in Taiwan's IT industry. Expert Systems, 30(2), 173-182.Främling, K., Ala-Risku, T., Kärkkäinen, M., & Holmström, J. (2007). Design Patterns for Managing Product Life Cycle Information. Communications Of The ACM, 50(6), 75-79. doi:10.1145/1247001.1247009Ralph M Stair & George W. Reynolds(2012).  Fundamentals of Information Systems.  7 Edition. Published by Course Technology Cengage Learning. Response-110 wordMy wife and I have been involved in several identity theft issues in the past. The first one came two years ago when my wife was notified by the IRS that a tax return was submitted that showed a large refund owed.  It was fortunate that they spotted the problem in time. Another problem was just recently with the hacking of Home Depot and even worse was Anthem Blue Cross Blue Shield.  The case with Home Depot resulted in the bank re-issuing a new card. The case with Anthem is a bit more serious as we were notified that all of our information including our social security number was stolen.Annually 556 million people are hacked1.5 million victims per day18 victims per second232 million identities exposed per year Viruses I have had several viruses on my computer but I always keep my virus protection up to date. Luckily I have never been hacked, at least that I am aware of.  I also keep a close eye on my bank account to see if there are any charges I do not recognize. Victims by Gender 71% Male 63% Female59% of ex-employees admit to stealing dataThe US Navy deals with 110,000 attacks per hour HackingA few years ago I had taken a couple classes in ethical hacking and computer forensics. I was absolutely amazed at how easy it was using hacking tools to break into systems. The class was an eye opener with regard to hacking. Our instructor had given us all a excel spread sheet that was password protected. Using brute force attack software I was able to break into the spreadsheet in about 10 seconds.  Some other products we used were a piece of software called “HideMyIP” which can randomly set your IP address to something different. They use this prior to hacking making it extremely difficult to track the hacker’s location.Medical/Health care Industry 38.9%Businesses 35.1%Educational Institutions 10.7%Government/Military 9.9%Banking Financial  5.3%   Piracy…aarg!Over 29 million people have watched an illegally downloaded movie or TV show (Stair & Reynolds 2012). This had led to stiff civil and criminal penalties for piracy. In some cases $250,000 fine and up to five years in jail is possible. Sites like Bit torrent are believed to contain up to 99% pirated downloads (Stair & Reynolds 2012). This is why these sites come under fire from Government regulators. These crimes have an impact on everyone from the tax payer to the Actor, Music Artist and Software Publisher. This problem is not just with adults it is among the young as well. Kids will find these file sharing sources and share them with other kids making this problem spread. Many children and their parents have faced some of the criminal  and civil penalties.   Good Luck EveryoneIn conclusion I would like to say to the rest of my class I wish you all the best in your future careers and kudos to Kevin for leading an excellent course. Hope to see you all in future classes. Brute force attack. (n.d.). The Free On-line Dictionary of Computing. Retrieved April 20, 2015, from Dictionary.com website: http://dictionary.reference.com/browse/brute force attackGo-Golf (2013).  Cyber Crime Statistics Retrieved from http://www.go-gulf.com/blog/cyber-crime/Ralph M Stair & George W. Reynolds(2012).  Fundamentals of Information Systems.  7 Edition. Published by Course Technology Cengage Learning. Response-60 wordd easy to reference. I specifically liked the case studies. Not only did they implement the current lesson learned but allowed the reader to view the strategy in a real life scenario and corporation. The final midterm paper outline and proposal puts the student in a real life proposed scenario to see just what creating a manufacturing plant and business entail. There are a lot of factors that I personally had not considered at length until taking this course and personally see that demographical statistic are of utmost importance, outsourcing labor can benefit the company but comes at a great many costs. And many of the business laws and tax policies of different countries were really amazing to learn and research. As a person that plans to retire overseas, this information was valuable to me.     Overall, I have been thrilled with the course material, the class interaction in discussion and the timing in which to receive grades and message responses. I honestly do not have any negative feedback to share or recommendations to improve. As far as researching International Business goes, the 8 weeks of discussion, short papers, case studies and follow up research questions really hit every aspect that we should know about, at the end of this course, we should  be able to effectively create a decent business strategy, home front and internationally, and have a decent understanding of International Business works and how they should be implemented and researched beforehand, how politics and International laws can hinder business strategies and  how the world trade imports and exports depend upon each other to make this huge business clock work.I have a deeper appreciation for the International Business laws, regional and demographic differences and labor policies. This is not near the end of my business education, but I intend to further research International Business as it is ever changing and look forward t using what I have learned in this course in future educational endeavors as well as my career.Response-60 wordInternational Business is probably one of the most difficult/challenging classes that I have taken to date. We as Americans do not typically think about where the foreign products that we as consumers buy on a daily basis come from or how the financial trail that they make while getting here. The impact of our decisions as consumers impact the business world at large. The transfer of money was a bit confusing because of the terminology that was used, but if you take the terminology away from the actions, it really is simple to understand. Stock Market offerings are another area that was not crystal clear for me. I had a problem understanding how companies falsley stimulated an upsurge in the value of their stocks. This may be clearly identified in the book and understood by most of the students in this class but it just wasn't clear to me. Writing the Term Paper has been difficult for me as well. It has been years since I have had to write a research driven paper. Mine is pretty rough, but gets the point across. I have taken hits on APA and Punctuation / grammer.. I'm working on my "Research" skills! Thanks for all of your inputs, advice and understanding!Q-200 wordWhat is your groups strategic approach to completing this project?What is your commitment to your team?What is your groups plan to inspire all members to live up to their commitments?ExampleWhat is your groups strategic approach to completing this project?To worrk together to gather all useful source of information we learned throughout the course. We would then collaborate to see who will working on what to make work load easier. We would exchange ideas and finalize the ones that we would be using that we feel is the best strategy. We as a group would then structure a plan to make the strategy successful.What is your commitment to your team?My comment would be to work very hard on whatever task that ask of me. I would provide useful ideas that would help our team be successful. I would complete assignments and task on scheduled times as expected of me so there will be no delays at the hands of myself. I will also make sure I put 100% percent effort into everything that is asked of me.What is your groups plan to inspire all members to live up to their commitments?Our plan is to show that success comes when you stick by your commitment. If you dedicate yourself to something you will give it your all. If everyone do their part and work together to piece it together, thats where all the magic happens. The success comes when you committ to this everyday with no lack then you will then reap great rewards. Many greats have followed this same strategy and because of it they are successful today.Q-180 wordPick one controversial sport story that happened in the past 5 years. Provide a synopsis of the controversial sport story. Explain what made it controversial? If you were in charge of the organization or public relations director for the person involved how would you have handled the situation? Students MAY NOT repeat controversial sport stories (first come first served :)!Response-60 wordThe one story that caught my attention is the story of former Notre Dame linebacker Manti Te'o. The story starts when Manti Te'o 22yr old girlfriend Lennay KeKua dies from lukemia after having a horrific auto accident. The nation was touched by this story of how a linebacker could be so good while fighting the hurt and the pain from losing his girlfriend while trying to make it to the NFL and lead his team to the bcs national championship game.  The media went crazy trying to cover the story. Manti was on every sports channel and major news channels as well. The lime light help Manti build a image for a hard hitting linebacker that defies all odds while facing personal issues from loosing love ones. However Manti never dated nor met Lennay Kekua and this is what makes it  so crazy about the whole ordeal. The account on tweeter that Manti thought was Lennay was created by a friend of the family in 2008 by Ronaiah Tuiasosopo. Ronaiah Tuiasosopo literally metastasized Teo's rise to national celebrity status. The whole situation was a hoax. Mante had fell in love with a make believe person on the internet. Manti apoligize to the University and the fans who supporting him during this time of the hoax. The University offered to help their star linebacker anyway possible. I would have done the same thing if i were in charge of public relations or incharge of the  Notre Dame football program.Response-60 wordCOLLAPSETop of FormProbably the biggest controversial topic in the last year in sports was Ray Rice and his then fiance Janay. At this point I am sure everyone has seen the video or at least heard about it. First off, Rice got in trouble when he was caught on a video camera pulling Janay out of an elevator. It appeared as though she was passed out cold but it was impossible to tell by that video what exactly happened. It was later released by TMZ what actually happened. Janay was seen in the elevator with Ray and they were clearly arguing. After a small altercation, Ray Rice punched Janay and knocked her out.The PR for this was extremely bad for the Baltimore Ravens, but it turned out to be worse for the NFL. They had an outdated domestic violence punishment of a 2 game suspension that came with any violation. The NFL claimed to have not seen the second video come out until after they gave Rice the two game suspension. Anyone who saw the video knew that Rice deserved a lot more than the two games. The NFL was exposed for having a terrible suspension rule as well as not doing everything they could to find out the truth right away about what happened.This has been a PR nightmare for the NFL. If I was in charge, I would have made sure that we would not have taken that hit in the first place. The NFL cannot control all their athletes all the time. The one thing they can do is make punishments so harsh that it deters more of this behavior. Also, the NFL should do more to promote the "good guys" in their league. For every Ray Rice in the NFL there are 10 or more guys who live the right way, are respectful of women, and are good role models to kids. Why do we not hear more about that? Guys like Adrian Peterson, Greg Hardy, and Ray Rice dominate the news while guys who donote their money or time to charities or spend time making the community a better place are going unnoticed.They did try to start an anti-domestic violence campaign which was a nice gesture but it was like putting a bandaid on a severed limb, it is too little too late. The NFL needs to do a much better job getting out in front of these issues and not be so responsive to them.Bottom of FormQ-180 wordAmongst the roles of a public relations professional in sport, which roles and functions are most common? Which roles and functions only happen occasionally? Which roles and functions do you think are most important? Least important? Why do you think this way?Response-60 wordThe chief role of the public relations professional is to serve as the spokesperson to the media and external constituents on behalf of those they represent. The ultimate goal for public relations professionals is to cultivate the most positive image possible for those they serve by proactively seeking and accommodating as many favorable opportunities in the press as possible.  A couple of the most important roles are building relationships, communication, and crisis management. In building relationships, even if a reporter or media outlet has done a negative story or is difficult to deal with, the PR professional should seek to manage a working relationship with that reporter or media outlet, always trying to keep the lines of communication open. Which leads to the next one that is communication where both internally and externally, should be directed in the most clear, concise, timely, and efficient way. Thirdly, crisis management is very important as not all public relations is positive, and unfortunately, negative media stories are becoming more common. So, managing bad press is a special skill.  The least important I guess would be managing expectations, because that is something that is out of PR's hands. You can only do your best for the most part in this respect as PR professionals cannot control or guarantee the success of the pitches or outcomes of the placements if secured, but they can try to forecast the range of opportunities that may be available to their clients in the media marketplace.Response-60 wordThe most common role to me is building a relationship with the community. Every PR in the sports world is envovled within the community in some form or fashion. The most important role for PR to me is media relations. The media relations are designed to formulate and shape favorable opinion through mass media. The ultimate goal is to balance media opportunities but avoid the pitfalls that the media can potray about the sports organization. The role of managing a crisis is the role that happens ocassionally. The reason i think this way is because PR deals with the media everyday, whether its a news channel trying to cover the story of a player, or the sports writers asking the craziest question to players and to the coaching staffs. The media can burry a organization or lift the organization, this is why the media relations is most important to me.PostQ-180 wordAs a result of taking this class, discuss how your thinking and approach to solving problems has changed and the impact this change will have on your long-term success.Response-70 wordThis class has changed how I think. I know understand the method behind the madness on a number of policies and procedures within my Organization. I never understood why the Army assigned mandatory surveys but now I understand they are to maintain a learning organization.Personally I have taken away allot from this course. I look at problems differently and think about all possible outcomes a solution can have, I understand that victory today can mean a harasser defeat tomorrow. The “Laws of the fifth discipline” (Senge, 2014) has given me insight on the mistakes some of my past leadership and current leadership have made and what not to do when I am back in a leadership role. The one law which really stuck with me is “today’s problems come from yesterday solutions” (Senge, 2014), this law makes me think how delicate the system is and how what we do today affects tomorrow. I found another quote by an unknown person which makes me think of this, “what we teach our sons’ we teach our son’s sons”. What we do todays builds the foundation for tomorrow, no matter how small.The biggest lesson learned from this class which will help me in my long term success is understanding mental modals and the importance of a shared vison. I have struggled with mental modals in my career but I did not have an understanding of how much of a negative effect they had on me until now. Being in the Army I understand how important it is to believe in the mission but I never understood how it applied to a learning organization. A strong shared vision motivates people to improve their organization, to produce better quality which are foundations of a learning organization.To sum it up I have learned a great deal, more than I have in other classes. A good solution isn’t one which give you praise today, it is one which gives you praise tomorrow.         Response-70 wordhroughout my school career, I took several management classes along with organization classes. This and other classes have helped me see things different at my place of work. Solving a problem is not a quick solution. Those solutions that are quick, familiar, and comfortable can lead to further problems. It is important to analyze every aspect of an issue, especially when it involves multiple employees. I am currently in a personal dilemma that I must carefully consider. My site manager quit last week. She was a role model to the majority of us in the clinic. However, rumors that had been circulating throughout the organization for a few months led to her being forced by top management to quit. I have to analyze the situation and determine which path I will follow. I became close with her while she was my supervisor because she was a mentor to me. On the other hand, I have suspicions that the rumors were true. I chose not believe what I heard because she was a great supervisor. It was sad that we lost a great mentor, but I wonder if she brought it upon herself. The situation I am in now has me wondering if I should leave my organization because I feel that just as they forced my ex supervisor to quit, they can do that to anyone they hear rumors about. Or do I keep pushing forward and try to grow within the organization. This is not a typical issue that employees face on a daily basis. I feel the knowledge I have gained throughout my school career will lead me to make the best decision that will help me have long-term success.Q-150 word- Business amnagment classReflect on the course and share your answers to the following questions:    1. What was the most interesting or useful thing you learned during the course?    2. What suggestions can you offer that might improve the quality of the course?    3. If you could give one piece of advice to incoming students about this course, what would that be?  Your responses may be shared anonymously with future classes!Q-200 wordMarketing StrategyVisit the REI Web site and select a product category, such as outdoor apparel. Review the category and determine what you believe is the company's marketing strategy for that category.How does the strategy for REI compare to the strategy of one of the competitors you selected in the Market Position discussion in Unit 1? What are some changes you would recommend to REI to maximize their strategy in your chosen product category?Response-70 wordThe category of product sold by REI that I have chosen to review is outdoor mountain bikes. Here I will review and propose an assessment of REI’s presumed marketing strategy as related to this product, as well as compare marketing strategies from that of REI to previously selected online retailers Sports Chalet & Sports Authority. Upon first entry into the REI website shows a high resolution-glossy photo of a sophisticated and modern German engineered outdoor mountain bike. Upon first glance of this bike it is shown in a typical outdoor setting, covered in mud and dirt, with no rider present. This immediately suggests to me that this bike was solely designed and built for outdoor high level and high intensity rugged mountainous terrain use and little more. The website also allows the viewer the ability to explore this mountain bike’s features and benefits as related to this product category. What is interesting here and what really seems to begin to unfold their marketing strategy towards this item is descriptions such as “ German Engineering” and “only available at REI”. This suggests to me that REI is marketing towards a very niche consumer. One that finds outdoor mountain biking enjoyable and one that is drawn towards products that are exclusive and unique. Those of presumed higher quality and only available to a select view. Those select few being those that can take advantage of REI’s products and price tag since this particular model retails for $2,599.00. REI’s marketing strategy for these products is similar when compared to their marketing strategy for the majority of their products. They sell top of the line, presumed high quality and high priced outdoor products and outdoor gear. Their market is exclusive to the select few, albeit a large select few, that can afford their prices and want to have the ability to say they have purchased this item from this retailer knowing that they have possibly over paid. This marketing strategy is not new and one that is employed by countless other retailers. Consider and example similar to that of Walmart, Target, and Macys given a certain product line. All retailers sell a similar category of product, but at different price points and of differing quality. The marketing strategies of Sports Chalet and Sports Authority as related to the product category of outdoor mountain bikes, is much different to that of REI. SC and SA also sell products in this category, but offer a wider range of products at various price points. Entry level products are available as well as high end products in the $5,000.00 price point range. SC and SA do not boast tag lines and catch phrases such as "German Engineering” or “only available at”. This suggests to me that they are much more approachable and much less intimidating, perhaps more enjoyable to shop at that compared to REI. The marketing strategy of SC and SA for outdoor mountain bikes is simple. They offer a wide range of products at different price points and differing levels of expertise than that of REI. These retailers provide options and do not single consumers out as REI does with this product category. As I have written about REI previously, REI creates a level of assumed exclusivity by means of it membership, products, price points, and expert knowledge. In this product category REI does not stray from its core marketing believe, one that has lead to the creation of its brand image over the last seventy years plus.  If I could offer REI a recommendation for marketing this product category it would be simple. Primary stay true to the main marketing stragety however open up differing lines of products at different price points. Sell products in the good, better, and best range rather that the best and simply the best range. Make shopping more approachable and make the products less intimidating to entry level users alike. SA and SC offer this. What would be interesting here if sales figures for this product category were available form these retailers. Then once could truly know which strategy yielded the best results in terms of sales and revenue.    Response-80w prd Each group within the REI Snow Product Category is itemized by interest:  Downhill Skiing, Cross-Country Skiing, Backcountry Skiing, Snowboarding, Snowshoeing.  Merchandise is then listed according to category need.  For example, in the Downhill Skiing Group, choices include Skis, Ski Boots, Ski Bindings, Ski Poles, Goggles, Helmets, Packs and Bags, Clothing.  REI shows an abundance of equipment in the linked categories described which go on for pages at a time. When comparing REI’s Snow category to Eastern Mountain Sports (EMS), I find that EMS lists their category as Snowsports and their list is much different than REI including:  Snowboard & Ski, Car Racks, Snowshoeing Equipment, Cross-Country Ski Equipment, Alpine Touring & Telemark Ski Gear, Helmets & Goggles, Avalanche Safety, Ski Tuning, Sleds & Winter Toys, Skiing & Snowboarding, Backpacks & Luggage, Snow Clothing, Snowboarding Equipment, Winter Footwear Accessories, Kids Gear, Educational.  There is also a link that says View All Snow Sports Equipment.  When you click on these links to view the merchandise, it appears they do not show much equipment at all and their choices are quite limiting.  This would dissuade me as an avid skier from considering a purchase for this type of equipment.  But it is important to remember that EMS is not a ski house but instead is more specialized retailer in hiking, climbing, and camping. When I see all the snow equipment available at REI and EMS, one thing I would try to market would be day, weekend, or week long ski trips which would include transportation, lift tickets, and if necessary actual ski and stay packages.  Airfare can be booked separately or if there is a group going on one of these trips, special discounts can be arranged to minimize costs which could then also include airfare for the week long ski or snowboard vacations.  Another marketing strategy I would suggest would be to provide discounts to people who are members of ski clubs so they are able to acquire equipment at a lesser cost.  Ski clubs could partner with REI or EMS in order to be a little more profitable.  If people choose to purchase from REI and they are not a member of the store, they presently cannot obtain a discount.  However, if this same customer base is a member of a ski club, then a discount would be available to them as well.  Lastly, I would develop a program where customers could either donate or sell their older equipment that is no longer being used.  If the equipment is donated or sold then more families can participate in winter sport activities or underprivileged children can have access to the equipment and snow sports that are available.  REI and EMS could make equipment available for rental if people just want to try something new without the expense of purchasing their own equipment. Q-200 wordUsing the information you have gained from this week's readings and from your independent research, select one of the questions below to serve as your discussion post. All references and citations are to adhere to APA style and formatting guidelines.Select one of the following questions:What is the difference between an agreement and a contract? What is the difference between an offer and a contract?If you sign a purchase agreement to buy a house but do not give the seller a deposit and, after signing, change your mind before you move in, are you bound by your agreement?If you offer $500,000 for a person's house and the person responds that they want $500,001, do you have a contract?Can the parties agree, in a contract for the purchase and sale of a house, that the price for the house will be the market value of comparable houses on the day of closing?Are there situations when someone can be bound to keep their promise even though they received nothing in return for their promise?If the parties sign a purchase and sale agreement for the purchase of a house and the house is destroyed shortly before the deed to the house is signed by the seller, who bears the risk of loss?In the modern world, with the growing maturity of young people, are rules protecting minors from the enforcement of contracts archaic?Response-70 wordIn this week’s readings, we are learning about contracts.  A contract can be one of three types of contracts: written, verbal, or implied.  A written contract is a contract that is written or typed on paper.  A verbal contract is a contract spoken aloud between two parties.  An implied contract is a contract that is based upon the conduct of the parties involved instead of words.An agreement is a mutual assent between parties and is a part of a contract.  An agreement can be either verbal or written.  It may take several attempts to come to an agreement; however, that is how businesses usually operate. An offer is the first step towards an agreement then a contract.  An offeror makes a promise to either do something or not towards another party (offeree).  The offeree would then agree with the offer, reject the offer, or counteroffer.  A good example of this is when one is house hunting.  Once a person finds a house that they want to buy, they will put in an offer to the homeowners.  The homeowners would then accept, counter, or reject the offer.  Once both parties agree on the offer, an agreement is put into place.  A contract is entered into when both parties sign on the dotted line(s) and the offeror takes possession of the property.There are three items that an offer, agreement, and a contract must have in order for it to be a binding legal document.  They all must have serious intent, voluntary consent, and acceptance to make it legal.  For instance, if someone is holding you at gunpoint to make you sign a contract, there is no voluntary consent so the document would not be legal in any court.  Having these three items will help alleviate any contract made under duress or drunkenness. These steps or parts are a part of our everyday life not just in the business world.Melissa GustinReference:Miller, R. L., & Cross, F. B. (2014). The legal environment of business: Text and cases – Ethical, regulatory, global, and corporate issues (9th ed.). Mason, OH: South-Western. ISBN: 9781285428949. Response-70 wordCharacteristics of a Contract - What is the difference between an agreement and a contract? What is the difference between an offer and a contract?In the glossary of the textbook The legal environment of business: Text and cases, Agreement, Contract and Offer are defined as: Agreement – A meeting of two or more minds in regard to the terms of a contract. Agreement is usually broken down in to two events – an offer by one party to form a contract, and an acceptance of the offer by the person to whom the offer is made (Cross & Miller, 2014, p. G-2).Contract  - an agreement that can be enforced in court; formed by two or more parties, each of whom agrees to perform or to refrain from performing some act now or in the future (Cross & Miller, 2014, p. G-8).Offer – a promise or commitment to perform or refrain from performing some specified act in the future (Cross & Miller, 2014, p. G-22).Agreement is when there is acceptance (by all parties involved) of the terms put forward in an offer. However, a valid contract requires four main elements to be considered. These four elements are an agreement (acceptance to terms and to form a contract), consideration (something of value to convince the seller that the deal is of serious intention), contractual capacity (both parties should have the capacity, finances for example), and legality (the goal of the contract must be to accomplish something legal).The main difference between an offer and a contract is that a contract is legally binding. An offer is merely a proposal, albeit a serious intention to act and only once the offeree is in agreement with the offer can a contract be formed.  Simply put, the purchaser would make an offer to enter into a legal agreement, and the seller or other party/parties must accept and be in agreement (to the terms), forming the contract.References: Miller, R. L., & Cross, F. B. (2014). The legal environment of business: Text and cases – Ethical, regulatory, global, and corporate issues (9th ed.). Mason, OH: South-Western.Q-200 wordUsing the information you have gained from this week's readings and from your independent research, select one of the questions below to serve as your discussion post. All references and citations are to adhere to APA style and formatting guidelines.Select one of the following questions:If a painter does their very best, in good faith, to paint a person's house as promised in a contract but the paint job is very poorly done, is the painter entitled to payment, as promised in the contract?If the cost of paint skyrockets after a painter contracts to paint a house, should the painter be able to pass on the increased cost to the customer?If a painter dies after making a contract to paint a house, should the painter's family be required to complete the job?If a world famous chef breaks a contract to work at a world class restaurant, should the restaurant be able to stop the chef from working at other restaurants?Response GuidelinesRespond to the posts of at least two learners. If possible, use the following guidelines to create your responses:Compare and contrast your posting with theirs. How did their posts influence your thinking?What suggestions can you make to strengthen their posting?How did their posting aid in your understanding of the topic?Include any additional points that would be constructive and supportive for your peers.Response-70 wordIf a painter dies prior to fulfilling his obligations of a contract, the family will not be required to complete the job.  The contract was between the painter and the owner, not the painter, his family and the owner.  This type of discharge of a contract is called Impossibility of Performance (Miller & Cross, p. 229, 2014). There are three instances of when a contract can be discharged due to impossibility of performance.  The first instance is when one of the parties dies or becomes incapacitated prior to performing the contract, in the case of the above-mentioned painter.  The second instance is when a specific subject matter of the contract is destroyed such as the house burned down that the painter was going to paint.  The third instance is when a change in law renders the performance illegal.  An example would be when Prohibition went into effect, any contract that included purchasing and delivering of alcohol would be considered discharged because the law had changed making alcohol illegal.Melissa GustinReferences:Miller, R. L., & Cross, F. B. (2014). The legal environment of business: Text and cases – Ethical, regulatory, global, and corporate issues (9th ed.). Mason, OH: South-Western. ISBN: 9781285428949.Response-70 wordConcepts of ContractsIf the cost of paint skyrockets after a painter contracts to paint a house, should the painter be able to pass on the increased cost to the customer?The answer to this question will depend on the type of contract between the customer and the painter. For example, in the case that there was an express contract, there would have been a documented agreement, which would have stated the costs for labor and materials. Therefore, should the price of paint increase the painter cannot pass the additional cost onto the customer. However, if there were an implied contract, where the customer simply asked the painter to do the work, there would be an agreement to perform the work but no agreement on the labor or materials cost. In this case it would be acceptable for the painter to pass on increased costs to the customer.In addition, if there was an implied contract there could also be some acceptance by silence. It is possible that the painter mentioned to the customer that paint was about to increase in price and that he could not confirm the price. If the customer did not voice any concern or set any price limits or boundaries, the painter can again pass the costs on to the customer.
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