Kodak and Fujifilm Essay Example | Topics and Well Written Essays - 1500 words - 2

Kodak and Fujifilm - Essay Example In this project a comparative study has been made between these two companies regarding their history, business approaches and management as well as marketing strategies. History and core business Kodak In the year 1888, George Eastman is the first person to put a simple camera on the hands of the consumers. Their innovative slogan was- â€Å"you press the button, we do the rest†. The complicated process of capturing a picture was made easy. From that time Eastman Kodak company engaged itself in making the way of photography easier. Now Kodak is not only known for photography but also for commercial entertainment and scientific application. The ways of communication and business have been changed as it increased involvement of different technology to combine images and information. Eastman had a dream to make photography â€Å"as convenient as the pencil†. Kodak not only fulfilled the dreams of photographers it but also ranked as a premier multinational corporation with highly known brand recognition. With different innovation and incorporation made by Kodak, the concept of photography emerged as a mode of enjoyment to the common people (Kodak, 2013). Fuji Fuji Photo Film Co. Ltd was established in the year 1934. The Japan government felt the need to establish a domestic photographic film manufacturing industry. It was inherited from the film operations of Dianippon Celluloid Company Limited. The company started producing photographic film, photographic print paper, dry plates and other photosensitive materials. From the year 1965 the name changed to Fuji color Service Co. Ltd. Next the company started to expand all over the world. It started acquiring the European market as well as the U.S.A. market. Different companies were acquired from different sectors for the diversification process. In every year it can be witnessed that the company is acquiring different types of business. Lastly in the year 2013 it has been found that it established FUJIF LIM COLOMBIA S.A.S. as a subsidiary in Colombia and FUJIFILM LATIN America (PANAMA) S.A. as a subsidiary in Panama (FUJIFILM, 2013). Management Approach Innovation and Relative success Kodak In a continuous process Kodak scientists and engineers are worthy of getting awards for their various contributions in the scientific and technical fields. In case of technology image science, computational imaging, audio signal processing, video analysis & motion processing and mobile communications create several new challenges for imagining technology. In case of material science it is all about Polymer Science, Chemistry Modeling, and Atomic scale Assembly and for micro devices it is about optical Electronic Materials, Micro fluidics and MEMS &MOEMS. In 1912 it first established a research lab which is used for industrial research. By the classical Musicians in the year 1930 Kodachrome film was invented. The first electronic scanner for graphic art was developed in the Kodak labs in the year 1937. Photo resist was invented by the scientist from Kodak. In the mission of Apollo 11in the year 1969, the electronic camera was built by Kodak to sent still pictures from the moon. The first digital camera was invented by Steve Sasson in the year 1975. The earliest practical megapixel CCD figure sensor

Criminology-Police Brutality Essay Example | Topics and Well Written Essays - 2500 words

Criminology-Police Brutality - Essay Example ely to produce great bodily injury† and with assault â€Å"under color of authority.† This triggered massive riots in the streets of Los Angeles, now referred to as the LA Riots, and is known to be one of the worst and most destructive civil disturbances in the history of melting-pot State. More than fifty people lost their lives in the three-day frenzy of violence. The main cause of furor was the belief that the police violence was racially-motivated and the ferocity of the attack would not have happened if Rodney King were white. As unfortunate as the outcome was, the incident could be said to be a good learning tool in that it invites us to revisit the issue of police brutality and the question of whether or not such brutality by law enforcement officers made while in the line of duty actually result in effective law enforcement. And if it were so – i.e., if apprehension of criminals was actually more certain if the police engage in strong-arm tactics – is this enough reason to bend or relax human rights standards in the Constitution and in various human rights instruments? Legal systems in the civilized world – whether in civil or common law jurisdictions -- have, at least in theory, given primacy to the rights of the accused, understanding that ambiguity should be resolved in his or her favor. This, however, does not mean that one must let down his or her vigilance and stop guarding against possible infringement of constitutional guarantees by overzealous judges, particularly at a time when human rights advocacy for the accused has been made unpopular by the rising rate of crime. It used to be that the primacy of the State is the core principle of the international legal regime as it is traditionally known. This, however, has been challenged by the alarming rise of state-sponsored human rights violations that has prodded the community of nations to recognize that its more pressing duty is to protect the individual from systemic and institutional

Economics Questions and Answers on Resources and Profit

Economics Questions and Answers on Resources and Profit Assignment Questions: Question 1: The removal of imperfections in the market leads to an increase in efficiency in the allocation of resources. Discuss whether you agree with this view (25 marks) Question 2: Explain what is meant by normal and abnormal profit and when such profits might occur (12 marks) Discuss the three reasons as to why people demand money, according to the liquidity preference theory (13 marks) Table of Contents (Jump to) Question 1: A. Allocative Efficiency and Perfectly Competitive Market B. Allocative Efficiency and Monopoly Question 2 (a): A. Perfect Competition B. Monopoly C. Monopolistic Competition Question 2 (b) A. Transaction Motive B. Precautionary Motive C. Speculative Motive Referencing List of Figures (Jump to) Figure 1: Pure Competition MSC MSB Curves Figure 2: Consumer Surplus Producer Surplus Figure 3: The short run and long run in perfect competition Figure 4: The short run and long run monopoly market Figure 5: The short run and long run monopolistic competition Figure 6: Money Demand Curves (liquidity preference theory) Question 1: The removal of imperfections in the market leads to an increase in efficiency in the allocation of resources. Discuss whether you agree with this view (25 marks) A. Allocative Efficiency and Perfectly Competitive Market Allocative Efficiency occurs when it is not possible to reallocate resources in order to make someone better off without making at least another person worse off. It arises where: Marginal Social Cost (MSC) = Marginal Social Benefit (MSB). The MSC refers any extra cost to society of producing one more unit of output. The law of diminishing returns implies that MSC will be upward sloping. On the other hand, the MSB is any extra benefit to society of producing one more unit of output. The law of diminishing marginal utility implies that MSB will be downward sloping. For example: If the 20th unit of output is produced, then it costs the society $10, but yields a benefit of $20. Thus, the society’s welfare increases by $10 (i.e. MSB – MSC). Since MSB is greater than MSC, people is better off. On the contrary, it is not in the society’s interest to produce the 40th unit. In perfect competition, both consumer surplus and producer surplus is maximised (as illustrated by figure 1), where the price is equal to the marginal cost. The consumer surplus is the total net benefit enjoyed by all consumers buying the product. For instance, a consumer paying $20 for a product whose market price is $15; thus enjoying the benefit of $5 ($20 $15 = $5). Producer surplus is the difference between the market price the producer receives and the marginal cost of producing this unit. Demand curves measure the maximum price that consumers are willing to pay for a given quantity of a good. Hence, the demand curve is a measure of marginal benefit (or marginal utility) to the consumer. Therefore, in absence of externalities, MSB = D = P. In perfectly competitive market, the supply curve is a measure of the marginal cost in the industry. In the absence of externalities, MSC = S = MC. Therefore, an efficient allocation of resources under perfect competition happens when price equals to marginal cost, i.e. P = MC, in the short and long run. B. Allocative Efficiency and Monopoly Monopoly market structure is one of the major sources of market imperfections. A monopoly is having one firm producing and selling a product with the existence of barriers to entry. A monopolist is a price taker. The monopolist can set the price or the output, but not both. They can even earn abnormal profits at the expense of efficiency and welfare of consumer and society. Since price is higher than marginal cost, this will lead to a loss of allocative efficiency and a failure of the market. In fact, the monopolist is extracting a price from consumer that is higher than the cost of resources required. Thus, at price Pm, the monopolist is charging a higher price and restricting output to Qm, whereby capturing a portion of the consumer surplus. Under monopoly, there is a portion (triangle ABC) where both the consumer surplus and producer surplus are recovered. This is known as â€Å"deadweight loss†. Figure 2: Consumer Surplus Producer Surplus Imperfections in the market leads to misallocation and underutilisation of resources and reduction in consumer surplus since price is greater than marginal cost, i.e. P > MC. But imperfections in market do have some benefits such as: Monopolist are supplying products on a very large scale, thus they may be in a better place to exploit increasing returns to scale leading to a fall in average total costs of production. This reduction in costs will lead to an increase in monopoly profits, but some gains in productive efficiency may pass onto consumer in the form of lower prices. Earning abnormal profits in the long run may lead to faster rate of technological development thereby reducing costs and producing of better quality. Supernormal profits may be used to invest in research and development programmes that have the potential to bring dynamic efficiency gains to consumers in the markets. Question 2 (a): Explain what is meant by normal and abnormal profit and when such profits might occur? (12 marks) Normal profit is the minimum level of profit that a company needs to remain competitive in the market. If firms in an industry are making normal profit, then there is no reasons for them to leave or for other firms to join the industry. Normal profit occurs when revenue equals cost. Abnormal profit (or super normal profit) is profit in excess of normal profit. If firms in an industry are making abnormal profit, then there is a reason for other firms to join the industry if they can. Abnormal profit occurs when the revenue is greater than the costs. A. Perfect Competition In the short run, firms can make abnormal profits or losses, whereas they can only make normal profits in the long run, as illustrated below: Figure 3: The short run and long run in perfect competition B. Monopoly Monopolies can earn abnormal profits in the short run and in the long run due to the existence of strong barriers to entry. Figure 4: The short run and long run monopoly market C. Monopolistic Competition Monopolistic competition involves many sellers with differentiated products, e.g. shoe producers or restaurants. In the short run, firms can make abnormal profit whereas in the long run, other firms will be attracted by the abnormal profits causing firms’ demand to fall until only normal profits are made. Figure 5: The short run and long run monopolistic competition As a conclusion, if firms are making abnormal profits, other firms will be attracted by such profit, and will try to enter that particular market to reap some of that profits. As a result, firms in perfectly competitive market and monopolistic competitive market will enjoy normal profit with the entrance of new firms in the long run. On the other hand, firms in monopoly market will enjoy abnormal profits both in the short run and in the long run due to the existence of strong barriers to entry. Question 2 (b) Discuss the three reasons as to why people demand money, according to the liquidity preference theory (13 marks) According to Keynes’ Liquidity Preference theory, people demand moneyand hold their wealth in monetary form because of the following three main reasons: A. Transaction Motive Day-to-day transactions are performed by both individuals and firms. An individual person holds cash in order to meet his/her daily expenditures. Business holds cash to meet its current needs such as payments of raw materials, etc†¦ Therefore, we can say that money needed by consumers, businessmen and others, is known as the demand for money for transactions motive. This demand depends upon the following: Size of the income: If income is high, more will be available for daily transactions and vice versa. Time gap between receipts of income: If a person gets his pay daily, he/she will demand less cash and vice versa. Spending habit: If a person is spent a lot, he/she will do more transactions and thus will demand more money. B. Precautionary Motive Precautionary motive for holding money refers to the desire to hold cash for unforeseen contingencies such as illness, accidents, unemployment, etc Business keeps cash reserve to safeguard their future. This type of demand for liquidity is called demand for precautionary motive. This demand depends upon many factors: Size of the income: If a person earns a high income, he/she will demand more money for safeguarding his future. Nature of the person: Some persons are optimistic, i.e. they anticipate less of future risk and danger, and hence they will demand less money for precautionary motive. On the other hand, pessimistic persons foresee dangers, calamities, and emergencies in the future, and hence, they want to have more cash with them. Farsightedness: They are persons who can proper guess of the future, and thus they will keep more money (in cash) with then in case of more emergencies expectation and vice versa. C. Speculative Motive The speculative motive relates to the desire to hold cash and take advantage of future changes in the rate of interest or bond prices. For instance, if the price of bond is expected to rise, meaning the rate of interest is expected to fall, then people will buy bonds and sell later when the price rises, and vice versa. According to Keynes, â€Å"the higher the rate of interest, the lower the speculative demand for money and vice versa†. Figure 6: Money Demand Curves (liquidity preference theory) Keynes hold that the transaction and precautionary motives are completely interest inelastic, whereas the speculative demand for money is a smooth curve which slopes downward from left to right, as illustrated in above figure. References GILLESPIE, A (2001) Advanced Economics through Diagrams. [Online] 2nd Ed.  UK: Oxford University Press. Available from: https://books.google.mu/books?id=vR-cjX2e-bkCpg=PA33dq=normal+and+abnormal+profithl=ensa=Xei=Wi4EVfKiCcH5UISKhLAIved=0CBMQ6AEwAA#v=onepageqf=false  [Accessed: 14th March 2015] ECONOMICS ONLINE (2015) Barriers to entry [Online] Available from:  http://www.economicsonline.co.uk/Business_economics/Barriers_to_entry.html  [Accessed: 14th March 2015] ECONOMICS.HELP (2012) Barriers to entry [Online] Available from:  http://www.economicshelp.org/microessays/markets/barriers-entry/  [Accessed: 14th March 2015] GOVT. T.ROMANA COLLEGE Keynes’ Liquidity Preference Theory of Interest [Online] Available from: http://www.trcollege.net/study-material/24-economics/40-keynes-liquidity-preference-theory-of-interest [Accessed: 17th March 2015] INVESTOPEDIA (2015) Liquidity Preference Theory [Online] Available from:  http://www.investopedia.com/terms/l/liquiditypreference.asp [Accessed: 17th March 2015] ECONOMICS ONLINE (2015) Money and Monetary theory [Online] Available from:  http://www.economicsonline.co.uk/Global_economics/Money_and_monetary_theory.html [Accessed: 17th March 2015] TUTORS2U.COM Liquidity Preference Theory [Online] Available from:  http://www.tutors2u.com/rte/File/Economics/LIQUIDITY PREFERENCE THEORY.pdf [Accessed: 17th March 2015] MOSCHANDREAS Maria (2000), Business Economics.  Cengage Learning EMEA HOAG, Arleen J. and HOAG John H. (2006) Introductory Economics [Online]  World Scientific. Available from: https://books.google.mu/books?id=-2AcaoqC-28Cdq=efficient+allocation+of+resources+in+perfect+competition+market+and+monopolysource=gbs_navlinks_s  [Accessed: 1st April 2015] SEXTON Robert (2015) Exploring Economics [Online] 7th Ed.  Cengage Learning. Available from: https://books.google.mu/books?id=YDdBBAAAQBAJdq=efficient+allocation+of+resources+in+perfect+marketsource=gbs_navlinks_s  [Accessed: 1st April 2015] MANKIW N. (2014) Principles of Economics [Online] 7th Ed.  Cengage Learning. Available from: https://books.google.mu/books?id=K-jKAgAAQBAJdq=efficient+allocation+of+resources+in+perfect+marketsource=gbs_navlinks_s [Accessed: 1st April 2015] BAUMOL W. and BLINDER A. (2015) Microeconomics: Principles and Policy [Online] 13th Ed. Cengage Learning. Available from: https://books.google.mu/books?id=XwW0BAAAQBAJdq=efficient+allocation+of+resources+in+monopolysource=gbs_navlinks_s  [Accessed: 1st April 2015] TUTORS ON NET (2007-2014) Resource Allocation under Monopoly [Online]. Available from: http://www.tutorsonnet.com/monopoly-resource-allocation-homework-help.php  [Accessed: 1st April 2015] BYU IDAHO Economic Principles and Problems – Micro [Online]  Available from: https://courses.byui.edu/econ_150/econ_150_old_site/lesson_08.htm  [Accessed: 1st April 2015] KIRZNER Israel M. (2007) Market Theory and the Price System [Online]  Ludwig von Mises Institute. Available from: https://books.google.mu/books?id=h68AKS010W0Cdq=efficient+allocation+of+resources+in+monopolysource=gbs_navlinks_s [Accessed: 1st April 2015] OHRI VK and JAIN TR, Principles of Microeconomics [Online]  FK Publications. Available from: https://books.google.mu/books?id=geSOZshzNt0Cdq=efficient+allocation+of+resources+in+perfect+competition+market+and+monopolysource=gbs_navlinks_s  [Accessed: 1st April 2015] LIPSEY Richard G. and HARBURY Colin (1992) First Principles of Economics [Online]  Oxford University Press. Available from: https://books.google.mu/books?id=cV0EZuJxod8Cdq=efficient+allocation+of+resources+in+perfect+competition+market+and+monopolysource=gbs_navlinks_s  [Accessed: 1st April 2015]  MISSOURISTATE.EDU Monopoly and Perfect Competition Compared [Online] Available from: http://courses.missouristate.edu/ReedOlsen/courses/eco165/Notes/pc-m.htm  [Accessed: 1st April 2015] ECONOMICS.HELP (2012) Diagram of Monopoly [Online] Available from: http://www.economicshelp.org/microessays/markets/monopoly-diagram/  [Accessed: 2nd April 2015] TUTOR2U Potential benefits from monopoly [Online] Available from: http://www.tutor2u.net/economics/content/topics/monopoly/benefits_of_monopoly.htm  [Accessed: 2nd April 2015] ECONOMICS.HELP (2012) Advantages of Monopoly [Online] Available from: http://www.economicshelp.org/microessays/markets/advantages-monopoly/  [Accessed: 2nd April 2015] TUTOR2U (2004) Perfect Competition [Online] Available from: http://www.tutor2u.net/economics/revision_focus_2004/A2_Perfect_Competition.pdf  [Accessed: 2nd April 2015] TRIPLE A LEARNING Efficient Allocation of resources [Online] Available from: http://www.sanandres.esc.edu.ar/secondary/economics packs/microeconomics/page_117.htm [Accessed: 2nd April 2015] TUTOR2U (2012) Perfect Competition – Economics of Competitive Markets [Online] Available from: http://tutor2u.net/economics/revision-notes/a2-micro-perfect-competition.html [Accessed: 2nd April 2015] TUTOR2U (2012) Monopoly Economic Efficiency [Online] Available from: http://www.tutor2u.net/economics/revision-notes/a2-micro-monopoly-economic-efficiency.html [Accessed: 2nd April 2015] YOUR ARTICLE LIBRARY.COM (2015) Resource Allocation: it’s Meaning, Monopolistic, Oligopoly Competition and Resource Allocation [Online]. Available from: http://www.yourarticlelibrary.com/economics/resource-allocation-its-meaning-monopolistic-oligopoly-competition-and-resource-allocation/28945/ [Accessed: 2nd April 2015] YOUR ARTICLE LIBRARY.COM (2015) The Demand for Money: The Classical and the Keynesian Approach Towards Money [Online]. Available from: http://www.yourarticlelibrary.com/economics/money/the-demand-for-money-the-classical-and-the-keynesian-approach-towards-money/10987/ [Accessed: 2nd April 2015] EXPERTSMIND.COM (2012) Keynes Interest Theory [Online] Available from: http://blog.expertsmind.com/2012/03/ [Accessed: 2nd April 2015]

the swing :: essays research papers

The Swing by Pierre Renoir   Ã‚  Ã‚  Ã‚  Ã‚  The impressionist movement started when Claude Monet and other artists held an exhibition in Paris in 1874. People like Edgar Degas, Claude Monet, Pierre Renoir, Camille Pissaro created their most important work between 1870 to around 1910. The critics gave the exhibition the worst reviews possible. â€Å"The critics considered Impressionist paintings an insult to viewers because they were expected to accept apparently unfinished art as a ‘real’ painting.† The name was taken from Monet’s Impression, Sunrise. â€Å"The artists took the name after a critic used it mockingly to describe all the exhibited works.† The critics said that the paintings were â€Å"evidence of sloppy workmanship† (world book).   Ã‚  Ã‚  Ã‚  Ã‚     Ã‚  Ã‚  Ã‚  Ã‚  The Swing by Pierre Renoir shows many of the characteristics of a painting made during the impressionist movement. During the impressionist period the painters didn’t care to show emotion on the characters depicted in the painting. The impressionist also tried to capture a moment in time by painting something they saw at a glance rather than think about what they knew or what they felt about the situation. For example this painting captures a moment in time by showing a woman, standing on the swing, a baby, looking up at a man, and two men, who is having a conversation with the lady against an outdoor background. The impressionist liked to work outdoors in natural light and paint rapidly rather than in a studio trying to develop what they paint. They were influenced by the scientific study of color and light at that time. This painting shows how light reflects on the people standing partly in the shade and partly in the sunlight.

Contract and Additional Work

Gary Porter Construction v. Fox Construction, Inc. , 2004 Ut. App. 354, 101 p. 3d 371 (2004). Facts: The University of Utah was in need of a women’s Gymnastics training facility so they subcontracted Fox Construction, Inc. to complete the project. For the soil and ground work Fox Construction, Inc. subcontracted with Gary Porter Construction. Gary Porter Construction, Inc. performed their work based on specific plans as well as some work outside of the plans. The combined total from the planned project was $146,740.The additional work completed at Fox’s request cost Gary Porter construction additional costs and Fox refused to pay for the additional work done outside the subcontract. Procedure: A suit was filed by Gary Porter in the Utah State Court against Fox with alleging breech of an implied-in-fact contract. The court granted summary judgment for Porter, which Fox later appealed to a state intermediate court. Issue: If sections of a contract are left out by mistake, is the contract still valid and enforceable? Were all the requirements of an implied-in-fact contract met?Holding: Yes Reasoning: The appellate court affirmed the lower courts summary judgment in favor of Porter. Fox knew that the additional work that Porter did would be followed up with an additional charge. Fox should have known that there would have been additional costs for the work outside of the planned procedure. Porter completed the work only after Fox’s manager requested it and it was implied to be additional from the start. The additional work not planned in the subcontract was valued at $161,309. 08 as well as the $135,441. 62 contacted value.The issue of the sections being mistakenly not represented in the contract is voided because Fox did not inform Porter about what all needed to be included. Decision and Remedy: Gary Porter Construction won against Fox Construction, Inc. Fox was ordered to pay Porter the balance of $161,309. 08 for the work done but was exclu ded in the original contract. Blackmon v. Iverson, 324 F. supp. 2d 602 (2005). Facts: In 1987 Jamil Blackmon met a promising high school basketball star, Allen Iverson. Blackmon supported Allen Iverson financially and provided other forms of support for his family as well, realizing his athletic potential.In 1994 Jamil Blackmon proposed a new nickname for the basketball star â€Å"The Answer†. The nickname would represent Mr. Iverson with clothing, sports apparel, and basketball shoes. Mr. Blackmon presented the idea to Allen and Allen agreed to give Blackmon 25 percent of profits from the nickname. Iverson was later drafted by the Philadelphia 76ers. After many months, Iverson entered a contract with Reebok, a shoe company, to manufacture, market, and sell a line of sportswear using the same nickname, â€Å"The Answer†. Blackmon moved to Philadelphia at the request of Mr. Iverson and has requested 25 percent of the profits on many occasions.Allen Iverson continues to receive pay from Reebok from the continuing product line. Procedure: Mr. Blackmon filed a suit in Federal District Court against Mr. Iverson for breach of an express contract to which Allen Iverson filed a motion to dismiss. Issue: Is past consideration sufficient to create a binding contract? Is continuous gracious conduct in exchange for a promise a valid consideration? Holding: No Reasoning: The court’s reasoning was fully based on past consideration. Mr. Iverson allegedly promised 25 percent of his profits because of three forms of consideration.First, Blackmon provided him with the nickname â€Å"The Answer†. Second, he helped Allen Iverson’s family, and third, he moved to Philadelphia when Iverson was drafted there. Mr. Iverson offered to pay Mr. Blackmon 25 percent long before entering a contract with Reebok. These forms of past consideration make the contract invalid. There were no valid forms of consideration to make a valid express contract between the two men. Decision and Remedy: Allen Iverson won the case. The United States District Court, eastern District of Pennsylvania, granted Allen Iverson’s motion to dismiss.Vokes v. Arthur Murray, Inc. , 212 So. 2d 906 (Ct. App. Fl. 1986). Facts: Audrey E. Vokes, a widow with no family, had a passion for dancing and wanted to become a successful dancer and find a new interest in life. In 1961 Arthur Murray, Inc. , a franchise that has taught about 20 million people to dance, invited Audrey to a dance party. When she attended her instructors told her about her potential as a successful dancer due to her excellent grace and poise. After being told about her â€Å"good† potential, she bought eight half-hour dances for $14. 50 each to be used in one month.Throughout the next sixteen months she continued to buy these lessons totaling $31,090. 45. Ms. Vokes eventually began to realize that her instructors were only telling her what she wanted to hear and she was not actually goo d at dancing. Procedure: Vokes filed a suit against Arthur Murray, Inc. for fraudulent misrepresentation. After being dismissed in trial court, Vokes appealed her complaint to the District Court of Florida. Issue: If a party possesses expertise, can a statement of opinion be regarded as a statement of fact and be actionable? Holding: Yes.Reasoning: Misrepresentation cannot regard opinions; they must contain facts. If one party has a statement that could be considered an opinion, it could result being a factual statement based on the amount of superior knowledge contained by that party. Using the â€Å"reasonable person† method, Vokes would potentially have reason to believe that Arthur Murray Inc. has superior knowledge of her dance potential. When her instructors Revels v. Miss America Organization, __N. C. __, 641 S. E. 2d 721 (2007). Facts: Miss North Carolina Pageant Organization, Inc. (MNCPO) is a franchise of Miss America Organization (MAO).Under contract between these two parties, MNCPO holds a state competition to select a finalist for the national competition ran by MAO. On June 22, 2002, Rebekah Revels was selected to be Mrs. North Carolina. On July19, 2002 an anonymous e-mail said came out stating that Mrs. Revels cohabitated with a male non-relative and that nude photos of her existed. Mrs. Revels came out and confirmed that the photos existed. MAO and MNCPO approached Revels and asked her to resign from her position as Miss North Carolina or else she would be excluded from the national competition.On July 23, 2002 Mrs. Revels ended up resigning from her Miss North Carolina position. Procedure: Revels resulted in filing a suit in the North Carolina state court against MAO, MNCPO, and other organizations for breach of contract. The court issued a summary judgment in MAO’s favor to which Revels appealed to a state intermediate appellate court. Issue: Must a contract be executed for the direct, and not incidental, benefit of the third pa rty in order to assert rights as a third party beneficiary? Holding: Yes.Reasoning: A person isn’t the direct beneficiary of a contract if the contract benefits that person but wasn’t intended to benefit that person. A person is the direct beneficiary of a contract only if the contracting parties intend to confer a legally enforceable benefit directly to that person. Revels was unable to prove that MAO’s contract was intended to have her be the sole beneficiary because anyone who wins can be the beneficiary under the franchise agreement. The agreement did state that the MAO will accept the MNCPO winner but this does not show that Mrs.Revels was the intended beneficiary of this agreement. Rebekah Revels was an incidental beneficiary of the agreement because she won the pageant and does not have enforceable rights against Miss America Organization based on their agreement with MISS north Carolina Pageant Organization Inc. Decision and Remedy: Based on the agreemen t between the two organizations, Revels was an incidental beneficiary and therefore couldn’t maintain any actions against them. The state intermediate appellate court affirmed the lower court’s decision in favor of MAO.

Internal and External Conflicts

The Scarlet Letter: Internal and External Conflicts In the novel, the Scarlet Letter, there are four main characters, Hester Prynne, Pearl Prynne, Arthur Dimmesdale, and Roger Prynne Chillingworth. The story goes; Hester Prynne committed the sin of adultery with the minister of their Puritan Community, Arthur Dimmesdale, the community then condemning her to wear the scarlet letter â€Å"A† for the rest of her natural life. Pearl Prynne being the product of the two sinners. In the moment, when Hester is completing the first part of her punishment, her long lost husband, Roger Prynne Chillingworth, arrives.Not wanting his arrival acknowledge Roger replaces his maiden name for Chillingworth. This situation creates a whole plot of conflicts both external and internal in all of the four main characters. All main characters in the novel interact to create these conflicts, and the community is as well involved in these conflicts. Hester Prynne is pointed out as the protagonist/heroin e of the novel. Being one of the main characters in the story she had many conflicts. One internal conflict of hers would be the embarrassment and the realization of her present and future. In chapter 2 paragraph 22 it states, â€Å"Could it be true? she turned her eyes downward at the scarlet letter, and even touched it with her finger, to assure herself that the infant and shame were real. Yes! – these were her realities, – all else had vanished. † In this quote she realized that everything happening to her was in fact the real deal. Stating the obvious of course, but she had just been in prison and had the birth of her child! This is an internal conflict because this does have her dealing with the pain in her heart of wearing the symbol â€Å"A† or taking care of a child with the father unknown to the public.This leading to another internal conflict for Madame Prynne, that being having to raise little Pearl all on her own. Living the life of a single m other is quite difficult during that time and in a Puritan Community. Considering how people of the settlement react to Hester’s given situation, and how she does not give the father of Pearl a name to the community. This is an internal conflict because Hester is emotionally hurt on raising the product of two as a single mother. She has to face the community by herself for the first few years of the situation. Hence an external conflict for Ms.Prynne with her own community. The Puritans had isolated her apart from everyone else and had judged her since the moment she had stepped out of the prison doors. Her own peers were judging her for the sin she had done, as if they were not sinful themselves. Yet they judged someone they used to socialize and talk to as dear friends. Friends of hers would think her punishment as injustice that she deserved more than a three hour standing and the natural life bearing of the scarlet letter. The judging of her entire community had caused he r to become isolated, leading to be socially inactive.The scarlet letter was a reminder of all this conflict. Hester also had an external conflict with her husband, Roger Chillingworth. This being how while standing on the platform of the pillory, spotted her husband and the physical body language winced at the look, showing the tension brought on by the first thought â€Å"stranger†. Terror had coursed through her at the sight of him! Hester Prynne dealt with her internal and external conflicts quite discreetly, made it seem as if she was okay, but really wasn’t emotionally. Pearl Prynne is the outcome of the sin committed.As a young child, she too also had conflicts to deal with. An internal conflict of young Pearl would have to deal with how she was born and how she is being raised. A quote to follow that statement would be in chapter 6 paragraph 1, â€Å"We have as yet hardly spoken of the infant, that little creature whose innocent life had sprung†¦ out of t he rank luxuriance of a guilty pleasure. † This quote also coincides with an external conflict as well, the conflict being on how the society considers her a â€Å"demon child† or â€Å"elf-child witch†.She was born in a prison, and is being raised in a cottage that is nowhere near the village where all the other children grow up. When people call her such things, she does hear, so this hurts her emotionally and makes this an internal conflict for she must deal with the feelings of being different and judged by others. Since she is isolated from that part of a normal childhood, her only friend in the novel growing up is her mother. This being another internal conflict because she grew knowing her mother always wears the scarlet letter, and is in a certain community that has rules about women.Now in the novel, chapter 17, Hester takes off a garment that covers her hair and removes the scarlet letter from her bosom. Pearl seeing this throws a tantrum for her mother to undo this doing. Causing a major internal conflict of how Pearl sees her mother and dealing with what her mother’s symbols stand for. Pearl mocks her mother for that. There’s an external conflict created by Pearl towards Dimmesdale for when he is conversing with Hester in the forest and he dwells for a kiss, but Pearl refrains. Pearl is a strange child, for she knows something must be going on.Roger Prynne Chillingworth is the antagonist of the novel. His conflicts would seem different than the other main characters’ conflicts. For instance one internal conflict of his would be his thoughts of revenge. Chillingworth has this monomaniacal desire for revenge on the â€Å"unknown† father. His plans were dedicated to finding out who the father was, and he always had an eye out for Dimmesdale though. His thoughts of revenge then turned to thoughts of evil and madness. Evil then being another internal conflict created within Chillingworth.For example in cha pter 10 paragraph 3 it states, â€Å"This man†¦ pure as they deem him, – all spiritual as he seems, – hath inherited a strong animal nature from his father or his mother. Let us dig a little further in the direction of this vein! † This provides emphasizes on Chillingworth going an extra mile to fully satisfy his needs of torturing Dimmesdale with the truth. With this information this kind of gives Chillingworth a â€Å"devil-like figure† in this novel. An external conflict to support the â€Å"devil-like figure† would be his dabbling in natural chemicals and medicine.Even though it seems as harmless as a puppy or kitten it does kill. Naturally that was his cause of death in the end. A further approach to an external conflict would be the one referring back to when Hester was on the pillory. The great tension of their eye contact is a ball buster, and when he touches his lips with a finger verifying her silence, it physically shows he would ha ve a problem with her speaking up of his presence. Arthur Dimmesdale is the minister who commits adultery with Hester Prynne.This is at upmost worst position he can be in, considering that he is a minister of a Puritan community. An internal conflict that he must deal with is his guilt. Throughout the novel, he must watch Hester suffer through the public humiliation and feels guilty that he has left her all alone in raising Pearl. He is guilty of sin, but had not paid the price by the magistrates for he did not tell. He dealt with this guilty another way, which leads to an external conflict. The external conflict being he hurt himself physically to let out the guilt and basically punished himself.For instance in chapter 23 paragraph 23 it says, â€Å"With a convulsive motion he tore away the ministerial band from before his breast. It was revealed! But it were irrelevant to describe that revelation. For an instant the gaze of the horror-stricken multitude was concentrated on the gh astly miracle; while the minister stood†¦, as one who, in the crisis of acutest pain, had won a victory. † This emphasizes the external conflict and internal because he was one full of guilt had come out and finally revealed the truth to the rest of his parishioners, which he could not do in the beginning.Hence an external conflict with the community. When Dimmesdale would try and attempt to tell the Puritans, it would backfire because all of them thought so highly of him, especially when he said he was not perfect and had done things that weren’t so likely of their Lord. Showing how much respect they have for him, but for so long Dimmesdale had kept it in they were all so shocked at his sin in the end. Then explaining another internal conflict that Dimmesdale has, which is how much of a coward and weak he really.He had so many opportunities to tell the truth and speak out, but never took them because he was afraid of what might happen. In one way it could be that he did it to protect Hester and Pearl, but in another way it would seem quite selfish he did it to protect himself. On the whole, every character had to deal with their conflicts both internally and externally. For Hester and Pearl was to be treated differently from the community. For Roger Chillingworth it was revenge and his relationship with Hester. For Arthur Dimmesdale was dealing with his guilt. Most of the conflicts however did coincide with other main characters.Santos, Eliana The Scarlet Letter Essay: Internal and External Conflict Work Cite 1. Hawthorne, Nathaniel. The Scarlet Letter. Mineola, N. Y. : Dover Publications, Inc. , 1994. â€Å"Could it be true? †¦ she turned her eyes downward at the scarlet letter, and even touched it with her finger, to assure herself that the infant and shame were real. Yes! – these were her realities, – all else had vanished. † (Hawthorne 41) â€Å"We have as yet hardly spoken of the infant, that little creature w hose innocent life had sprung†¦ out of the rank luxuriance of a guilty pleasure. (Hawthorne 61) â€Å"This man†¦ pure as they deem him, – all spiritual as he seems, – hath inherited a strong animal nature from his father or his mother. Let us dig a little further in the direction of this vein! † (Hawthorne 89) â€Å"With a convulsive motion he tore away the ministerial band from before his breast. It was revealed! But it were irrelevant to describe that revelation. For an instant the gaze of the horror-stricken multitude was concentrated on the ghastly miracle; while the minister stood†¦, as one who, in the crisis of acutest pain, had won a victory. † (Hawthorne 175)