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. 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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

IASB and What Is Their Function Essay Sample free essay sample

The IASB ( International Accounting Standards Board ) is the standards-setting organic structure that maps within the IFRS ( International Financial Reporting Standards ) . The 15 members are responsible for the development of the IFRSs. including the IRFS and SMEs ( little and moderate-sized entities ) and for O.K.ing readings of IFRSs as developed by the IFRS readings commission. Through extended outreach activities and input into standards-setting from stakeholders. IASB is able to make the necessary research taking to proposals for triping alterations in criterions. Proposals of an docket determination are brought to public audience and an exposure bill of exchange is created. Once the exposure bill of exchange is created it is brought back to public audience where it is so published to the IFRS along with the creative activity of a feedback statement. At this occasion there is a jurisdictional acceptance procedure so an IASB twelvemonth post-implementation reappraisal. The IASB fulfills its standard scene responsibilities by following a thorough. We will write a custom essay sample on IASB and What Is Their Function? Essay Sample or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page unfastened and crystalline due procedure of which the publication of advisory paperss. such as treatment documents and exposure bill of exchanges. for public remark is an of import constituent. The intent of the IASB and as their nonsubjective provinces is to develop a individual set of high quality. apprehensible. enforceable. and globally accepted fiscal coverage criterions based upon clearly articulated rules. The IFRS accomplishes its nonsubjective and hence the IASB aim by utilizing an independent criterion board ( IASB ) that is accountable to a supervising board of public capital market governments. They do this by besides prosecuting with investors. regulators. concern leaders. and the planetary accounting profession at every phase of the procedure. By supplying public answerability through the transparence of their work. the audience with the full scope of interested parties in the standards-setting procedure and their formal answerability links to the populace. accomplishes the aim every bit good. The extended outreach. as I mentioned before. expresses to me that the IFRS and the IASB have the true purpose of being completely transparent and unfastened to public f eedback. which creates greater trust in its patterns. Mention About the IFRS and the IASB. Retrieved Jan. 8. 2013 from hypertext transfer protocol: //www. ifrs. org/The-organisation/Pages/IFRS-Foundation-and-the-IASB. aspx

Factors affecting the strength of an electromagnet Essay Example

Factors affecting the strength of an electromagnet Essay Example Factors affecting the strength of an electromagnet Essay Factors affecting the strength of an electromagnet Essay Introduction: An electromagnet consists of a long coil of wire wound on a soft iron core. When current flows through the wire the soft iron core becomes magnetized by induction and thus acts as a magnet till the current flows. The strength of an electromagnet can be affected by various factors such as no.of coils, specific resistance of the wire used to coil the core, the thickness of the wire etc. In this experiment the effect of changing the no.of coils and the thickness of the wire used will be determined.Aim: To determine the effect of changing the no.of coils and the thickness of wire used on the strength of an electromagnet.Hypothesis:* The strength of a magnet will increase with increase in no.of coils as more current passes the iron core causing more efficient magnetic induction and thus a stronger magnetic field.* The strength of the magnet will increase with the increase in the thickness of the wire too because it is already known that resistance is inversely proportional t o cross-sectional area. Thus as resistance drops, more current will flow through the electromagnet causing a larger magnetic field.Apparatus: Soft iron core ( a long nail) Copper wire of three thicknesses Power supply Metre rule Connecting wires and alligator clips A magnetic compass AmmeterProcedure:1. Take 80cm of a chosen thickness of copper wire.2. Tightly wind it around the soft iron core 40 times. 40 coils should be on the core.3. Leave a little wire towards the ends for connections to be made.4. Set up the circuit as shown:5. Align the electromagnet created north with the help of a compass.6. Now place a metre rule parallel to the electromagnet so that the distance from the electromagnet at which the compass deflects may be recorded.7. Now switch on the power supply and adjust the current flowing to 0.5amps using the controls on the power supply.8. Let the current flow for about thirty seconds.9. Then, place the compass, aligned north, on the edge of the metre rule at 100cm a nd slowly slide it along the meter rule towards the electromagnet.10. As it slides, keep a close eye at the distance at which the compass first shows deflection and record the distance observed.11. Now reduce the no.of coils to 35 and cut the extra wire keeping only a little at the ends to make connections.12. Keep reducing the no.of coils to 30, 25, 20, 15, 10 and recording the distance at which deflection occurs.13. Follow the same procedure with different thicknesses of wire.A modification in procedure:== It is known that soft iron magnetizes quickly because its domains are aligned quickly, thus there was a break given between the experiments and the iron bar hammered once gently to remove as much magnetism as possible before carrying on with different no.of coils and thickness.Safe Test:== The un-insulated wire should not be touched when current is flowing.== The current should be kept at a safe level and a current overload indicator must be attached to the circuit.== The circui t should not be left un-monitored and the power should be switched off as soon as the work is done.Fair Test:== The current was kept constant for all the different thicknesses of wire and different no.of coils.== The material of the wires, copper, was also constant.== The voltage applied was also kept constant.== The compass used was the same for the whole experiment.== The length by which the wire was cut every time the no,of coils was reduced was also kept constant.== The electromagnet was realigned every time its position was moved to changed the no of coils.Observation:Raw Data TableTable 1: Table showing the variation in distance at which the compass deflects with change in no.of coils and diameter of the wire.No. of CoilsDistance at which compass deflectsDiameter of copper wire0.26mm0.58mm0.97mm1019.023.026.51521.525.029.02025.528.031.02528.031.034.03032.035.037.03536.038.041.04039.042.046.0The only raw data that may be processed is the diameter of the wire to find the cross-s ectional area of the wire.Processed Data TableTable 2: Table showing the variation in distance at which the compass deflects with change in no.of coils and cross-sectional area of the wire.No. of CoilsDistance at which compass deflectsCross-sectional area of wire of copper wire0.05mmà ¯Ã‚ ¿Ã‚ ½0.26 mmà ¯Ã‚ ¿Ã‚ ½0.74 mmà ¯Ã‚ ¿Ã‚ ½1019.023.026.51521.525.029.02025.528.031.02528.031.034.03032.035.037.03536.038.041.04039.042.046.0Graph 1: Graph showing the change in extent of electromagnetic field with the change in no. of coils on the electromagnet.Graphical Analysis: The graph above clearly shows the positive correlation between the no of coils and the distance at which the compass deflects. As the no.of coils are increased, the electromagnetic field of the magnet increases steadily. Also, a distinct difference and similarity is seen between the graphs of the different thicknesses. Their gradients are very similar, even though the position of the graph changes with each thickness. T he effect of thickness will be depicted further in the next graph. A few points that are off the lines of best fit are not entirely anomalies but, probably, the result of not enough results of other inaccuracies which will be discussed later.Graph 2: Graph showing the changes in extent of magnetic field with the changing thickness of wire.Graphical Analysis: This graph clearly shows the variation in extent of magnetic field at every thickness for the different no.of coils. The difference in the values of different thicknesses is quite noticeable and also constant.Conclusion: After close observation and analysis, it can be concluded that as the no.of coils on an electromagnet increase, so does the extent of the field created by it. Also, as the thickness of the wire used for coiling increases the resistance of the wire drops and the electromagnet becomes stronger. The hypothesis stated earlier has been proved right.Evaluation: Overall, this experiment proved to be quite successful ap art from the minor inaccuracies in readings. However, this experiment could have been made better:== The experiment could have been carried out more times for a better average.== The effect of a larger range of varying thicknesses could have been determined.== Two compasses could have been used for measuring the distance at which deflection occurs to take the average distance of both of them.== The effect of changing the material of the wire could have also been seen.

The Impact of International Trade on U.S. Economy Essay

The Impact of International Trade on U.S. Economy - Essay Example By July 2007, the number of negotiated and effected agreements had risen to 205. The United States has also had its share in the international trade (Peridy, 2005). She has entered into trade agreements with countries from Africa, South East Asia, and Europe. International trade brings along certain factors, which impact on the U.S economy, either favorably or unfavorably. Some effects of this trade include provision of new markets and access to goods and services at subsidized prices (Sun and Reed, 2009). In the present paper, the impact of international trade on the U.S economy is investigated. It is hypothesized that international trade favorably impacts the U.S economy. The literature reviews that follow will attempt to illustrate and support the hypothesis. Literature Review In a research article by Peridy (2005), three crucial questions were posed to guide the study. First, does the United States face a trade deficit with respect to Middle East and North American (MENA) countri es? Secondly, has the deficit resulted from the Euro-Mediterranean (Euromed) agreement? Thirdly, what trade potential does the US hold in this area? (Peridy, 2005). The focus of the investigation is on the trade relations between the US and MENA countries, specifically favorable trade using a short, descriptive analysis. It is hypothesized that, the US will trade unfavorably with the MENA countries comparatively to other OECD countries. The investigation focused on market shares and export levels, and calculated several indexes of export position between the US and MENA countries. The result of this investigation agreed with the hypothesis that there was unfavorable US export performance with respect to MENA countries in comparison with other OECD nations. The result indicated that majority of MENA countries are ranked after other OECD countries in US export preference list. In comparison to other exporters, the US seems to export four-times lesser than the MENA countries (Peridy, 2 005). The difference in trade between the US and MENA countries, and the US and Euromed countries may partially be attributed to the long distance between the US and MENA markets, which infers high transport cost to the trading partners (Peridy, 2005). The result of the relative market share also reveals the unfavorable position of trade between MENA countries and the US, with the US having potential in the MENA markets. It is also reported that exports from the MENA countries to the US has continued to dwindle. Contrastingly, the US preserved its favorable position relative to the other OECD countries (Peridy, 2005). These results come together to affirm the hypothesis that international trade favorably impacts on the US economy. One shortcoming of the study is that it relies on predictions that are prone to change (Peridy, 2005). It rests on out-of-sample predictions that calculate what proportion of MENA countries’ exports if they would have behaved akin to countries fully incorporated into the world economy. However, this approach may deter the ambiguous interpretation of residuals. Next, the topic of measures of international relative prices in relation to its impact on the US economy is discussed with China as the primary point of reference. In a research article by Thomas, Marquez, and Fahle (2009), several specific questions are addressed. First, is there a disparity in pricing between exports from China and those from her trading partners? Second, does the World Development Indicator (WDI)’s new price index affect the appraisal of USA’s international relative prices? Third, does the weighting scheme employed in aggregating prices