Memo for Motion Against Summary Judgment Essay - 2002 Words

I. Introduction and Standard for Opposition to Summary Judgment Crowell Academy, Inc. and Arturo Gomez, (hereinafter, collectively Crowell) were grossly negligent and used willful misconduct in their responsibilities involving the fencing club. The bargaining power of Crowell was so grossly unequal so as to put Lajuana Barnett at the mercy of Crowells negligence. Lastly, the exculpatory clause contained in the release form (see release form) is void as against public policy. Consequently, under Maryland law, it is up to the trier of fact to determine if the exculpatory clause is unenforceable. As such, there is a dispute as to the genuine issue of material fact related to Crowells Answer, Crowell can be liable to Lajauna Barnett†¦show more content†¦The defendant did not ask whether the plaintiff was left or right handed, and the plaintiff, not knowing otherwise, put on her equipment the same way as she saw the other members of the club putting on their gear. A waiver of a right to sue is ineffective to shift the risk of a partys own willful, reckless, or gross conduct. Id. at 543 (citing Winterstein v. Wilcom, 16 Md.App. 130, 134-36, cert. denied, 266 Md.744 (1972)). In the present case, the defendant was certified by the U.S. Fencing Association to provide instruction in fencing and was to instruct fencing club members in the proper methods of fencing. These are direct quotes taken from the release form signed by the plaintiff. In signing the exculpatory clause, plaintiff was to release defendant from any and all claims arising out of students participation in fencing club activities. In return, plaintiff was to receive instruction in the proper methods of fencing. This includes proper instruction in putting on the safety equipment, arguably the most important aspect of the sport of fencing. The wording any and all claims can be construed as ambiguous. It would be against public policy to hold valid a claim that released the defendant from any and all claims arising out of fencing club activities, including claims arising from the defendants negligence. The plaintiff signed the exculpatory clause releasing the defendant fromShow MoreRelatedC ase Study : Sandhu V. Solutions 2 Go Inc Essay907 Words   |  4 PagesGo announced the 2010 fiscal profit sharing plan bonus and paid its employees. Ms. Sandhu received no share of the profit sharing bonus, despite being employed for the entire fiscal year, which ended on March 31, 2010 so she filed for a motion for summary judgment. The full share for the employees who were employed for the entire 2010 fiscal year was $16,055. In December 2010, the company tried to make its employees to sign an employment contract in which if an employee received termination priorRead MoreContract Assignment1025 Words   |  5 PagesFrom: Erin N To: Contracts Course grader Date: 12/13 Re: Assignment 1 MEMO FACTS Bernie lives in Richmond, VA and he decides on February 1 to advertise the sale of his 2006 Ford Fusion for $13,500 in the local newspaper. After several weeks and no offers he gets a call from Vivian on March 1st offering to purchase the car for $12,000. Bernie realizes he may not get any other offers and sets up to meet with Vivian on March 5th to complete the sale transaction. After the negotiationsRead Morework Essay1232 Words   |  5 Pagesï » ¿PLEG 265 Capstone Project Part 2 Pre-litigation Research Memo   To: Maxine Ifill From: Paralegal, Sherrie Eustace Re: Sue Davis v. Gary Steele Date: September 12, 2013 ASSIGNMENT Review authorities provided to determine probable answers to the issues. 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The Original Tonka Truck Manufacturer - 1413 Words

Remember when most boys you knew played with some shape or form of the Tonka Truck. I am talking about the original Tonka Truck Manufacturer. With the end of WWII and the beginning of Christmas 1962 the business of converting or supporting the war effort to something more peace time related was underway. New companies were popping up across the country and three visionary, entrepreneurs seized on an opportunity and Mound Metalcraft Incorporated was formed on September 18, 1946 by Lynn Baker, Alvin Tesch and Avery Crounse. The new company purchased a three story school building built in 1908 near beautiful Lake Minnetonka in Mound, Minnesota. The business model for their new company was to manufacture closet accessories like tie racks and†¦show more content†¦If Tonka wanted to compete with the likes of Buddy L, Marx, Nylint, Structo, Wyandotte and others, they had to diversify their model offering. To that end, Dump trucks, Wreckers, Semis, and Box Vans all made their initia l appearance prior to 1955. By mid-1955, Mound Metalcraft moved into a new manufacturing facility that handled their ever increasing product line and an insatiable appetite by consumers for Tonka trucks. Fast forward #100 Steam Shovel to 1982. (This is a brief history) (http://www.neatoldtoys.com/history.htm) A major blow to Tonka s Minnesota workforce, was that steel truck manufacturing began to move from Minnesota to El Paso, Texas in 1982 with the transfer of equipment and production completed in 1983. Then in 1991, Tonka Toys was purchased by Hasbro Incorporated, the second largest toy company in the U.S.A. In 1998, and still under the Hasbro brand, the steel truck manufacturing was completely moved out of the United States to mainland China. Therefore in today s global manufacturing markets, Made in the U.S.A. takes a backseat if it affects the bottom line. Forward to May 10, 2014, and the Tonka brand is still part of the Hasbro family and is still manufactured in China. The once mighty Tonka brand has been diluted with small plastic trucks. The original factory in Mound, Minnesota looks much the same as it did when it closed in 1982 accept it is home to multiple tenants. The factory in El Paso includes administrative offices, plastic blow

Unit Labor Costs Matter Much More Than Actual Levels of Pay Free Essays

Nga Discuss the view that unit labour costs matter much more than actual levels of pay. Unit  labour  costs is the  cost  of  labour  per  unit  of. It is determined by the growth of wages and the rate of growth of  labour  productivity. We will write a custom essay sample on Unit Labor Costs Matter Much More Than Actual Levels of Pay or any similar topic only for you Order Now Labour costs include the complete range of costs employers incur when they employ workers. They include not only wages but also the cost of recruiting and training workers, national insurance contributions, redundancy payments and benefits in kind. Wages do, however, constitute over 80% of total labour cost. So they, together with productivity, are the two key influences on unit labour costs. If productivity increases at a faster rate than the wages paid, unit labour costs are likely to fall. During the recession, the UK has seen falls in real wage growth. If real wages are lower, firms may   be more willing to employ labour rather than capital. In other words low wage growth means labour is relatively more attractive than usual. Therefore with lower labour costs, firms are willing to employ more workers and labour intensive production methods. If a country’s firms have higher unit labour costs than firms in rival countries, this may make their products less price competitive. The country will be unlikely to benefit from increased exports, as a result of a depreciating exchange rate. The increasing unit labour costs have caused firms to demand workers from abroad, who are willing to work for lower wages, to decrease the cost of production. But this has caused unemployment in the UK, and therefore a reduction in income. The result is AD shift to the left, which decreases the rate of economic growth. Rising unit labour costs have the potential to cause cost push inflation. This is caused by wage increases which exceed any improvement in productivity. There are those who feel that unit labour costs matter much more than actual levels of pay and this is because  ULC contains within it all total labour costs divided by output. This includes wages, national insurance and redundancy payments. Wages are only a component of ULC  , which leads people to feel that it does not matter as much; it is only the amount paid to a worker for working a certain number of hours. Unit labour costs can be said to matter more because it  helps determine productivity. If total labour costs are at ? 5000 and output is 5000 units, then ULC would measure at ? 1. If however output increased to 10,000 units, then ULC would measure at 50p. This means that it now costs less per worker and also shows that workers are now more productive. On the other hand, if companies were becoming less productive, then  ULC can help governments decide whether to apply supply-side policies or not. An example of this would be education and training, if a worker gains more knowledge in the field of work, then they should be able to produce more units than they did before. What can be also be noted from the graph is that  there is a reduction of inflation from A to B when increasing productivity. Therefore ULC are very important and matter more than wages because it helps determine productivity, inflation and helps with decisions on supply-side policies. ULC does have some flaws however in thatsupply-side policies are not entirely determined by ULC, it can also be used to lower inflation as shown in the above graph. While it is agreed that ULC is important, some would argue that wages are more so. Wages make up 80 per cent of ULC  and may suggest that wages determine ULC. If wages increased, then total labour costs would also increase. If total labour costs were at ? 20,000 and output was at 10,000, then ULC would measure at ? 2. If however total labour costs increased to ? 50,000 due to because of wages, and the level of output stayed the same, then ULC would measure at ? 5. This suggests a decrease in productivity as well as a relatively low level of international competitiveness. In countries where minimum wage doesn’t exist, wages may be considerably lower and the result from ULC would suggest high productivity but would not consider infringement of rights. To summarise, wages are more important than ULC because not only is it a significant proportion of ULC itself and can change the result independently , but it alsoallows people to see their independent income; wages are more important to consumers  whereas ULC is more important to firms. In most developed countries however, there exists a minimum wage so wage abuse is not common. Also, the figures used previously assume that output remains at a fixed level, in the case that it doesn’t shows more factors involved and thus weakens the actual levels of pay’s effect. Actual levels of pay are important, but more so to the individual than to the collective. ULC allows a broader scope of how the country is performing economically compared to others and is therefore more important. How to cite Unit Labor Costs Matter Much More Than Actual Levels of Pay, Papers

Sensitivity Analysis free essay sample

Sensitivity analysis is a technique that indicates exactly how much a projects profitability (NPV or IRR) will change in response to a given change in a single input variable, other things held constant. Sensitivity analysis begins with a base case developed using expected values (in the statistical sense) for all uncertain variables. Then, each uncertain variable is usually changed by a fixed percentage amount above and below its expected value, holding all other variables constant at their expected values. Thus, all input variables except one are held at their base case values. The resulting NPVs (or IRRs) are recorded and plotted. Although sensitivity analysis is widely used in project risk analysis, it does have severe limitations. If an input variable is not expected to vary much (is relatively certain), a project would not be very risky even if a sensitivity analysis showed NPV to be highly sensitive to changes in that variable. In general, a projects stand-alone risk, which is what is being measured by sensitivity analysis, depends on both the sensitivity of its profitability to changes in key input variables as well as the ranges of likely values of these variables. Because sensitivity analysis considers only the first factor, it can give misleading results. Furthermore, sensitivity analysis does not consider any interactions among the uncertain input variables; it considers each variable independently of the others. In spite of the shortcomings, sensitivity analysis does provide managers with valuable information. First, it provides profitability breakeven information for the project’s uncertain variables. Second, sensitivity analysis tells managers which input variables are most critical to the projects profitability, and hence to the project’s financial success. With such variables identified, managers can spend the most time forecasting the variables that â€Å"count,† so the resources expended in the analysis can be as productive as possible. Scenario analysis is a stand-alone risk analysis technique that considers the sensitivity of NPV to changes in key variables, the likely range of variable values, and the interactions among variables. To conduct a scenario analysis, managers pick a bad set of circumstances (i. e. , low volume, low salvage value, and so on), an average or most likely set, and a good† set. The resulting input values are then used to calculate NPVs for several â€Å"scenarios,† usually three. With NPVs for the worst, most likely, and best cases, managers can get a feel for the variability of the profitability of a project that results from uncertainty. Specifically, if probabilities are attached to the scenarios, a standard deviation of NPV can be calculated. While scenario analysis provides useful information about a projects stand-alone risk, it is limited in two ways. First, it only considers a few discrete states of the economy, and hence provides information on only a few potential profitability outcomes for the project. In reality, an almost infinite number of possibilities exist. Scenario analysis typically contains only three outcomes, but it could be expanded to include more states of the economy, say, five or seven. However, there is a practical limit on how many scenarios can be included in a scenario analysis. Second, scenario analysis—at least as normally conducted—implies a very definite relationship among the uncertain variables. That is, it assumes that all the worst case input values occur at the same time, because the worst case scenario is defined by combining the worst possible value of each uncertain variable. Although this relationship (all worst values occurring together) may hold in some situations, in others it may not hold. The same circumstances occur in the best case. Thus, scenario analysis tends to create extreme profitability values for the worst and best cases because it automatically combines all worst and best input values, even if these values actually have only a remote chance of occurring together. Some projects are evaluated on the basis of minimizing the present value of future costs rather than on the basis of the projects NPVs. This is done because it is often impossible to allocate revenues to a particular project; and it is easier to focus on comparative costs when two projects will produce the same revenue stream. In a conventional analysis, when inflows are being discounted, a higher discount rate leads to a lower present value, which penalizes an inflow for higher risk. However, to penalize an outflow for higher risk, the outflow must have a higher present value, not a lower one. Therefore, a cash outflow that has higher-than-average risk must be evaluated with a lower-than-average cost of capital. 15. The corporate cost of capital is the opportunity cost rate that reflects the overall risk and debt utilization (capacity) of the business. Thus, the corporate cost of capital is the appropriate discount rate only for projects that have risk and debt capacity characteristics that match the business in the aggregate. The project cost of capital is the appropriate opportunity cost (discount rate) for a particular project. For projects with risk and debt capacity characteristics similar to the firm in the aggregate, the project cost of capital is the same as the corporate cost of capital. However, projects with different characteristics will have a project cost of capital that differs from the corporate cost of capital. In general, projects with greater-than-average risk will have a project cost of capital that is greater than the corporate cost of capital, and projects with lower-than-average risk will have a project cost of capital that is less than the corporate cost of capital. Although debt capacity differences should be considered, in practice such differences are rarely recognized