Answer:
Patty may win based on the doctrine of promissory estoppel.
Explanation:
The doctrine of promissory estoppel is a legal principle that helps enforce a promise, even if it was made without formal consideration. This happens when the person that was promised something and makes a decsion based on this promise that ends badly because the promise was not upheld. In this case, Patty quit her job because she thought her uncle was going to pay her $200 per month. Because her uncle only paid her one out of the six months, she is without $1000 that she was counting on to focus on her studies.
According to Maslow's hierarchy, which of the following statements is true of belongingness and love needs? a. They correspond to the quasi-physical needs of safety and physiology. b. They tend to dominate when all other needs are unsatisfied. c. Nonsatisfaction of these needs tends to affect mental health. d. They consist of the primary needs of the human body.
Answer:
c. Nonsatisfaction of these needs tends to affect mental health.
Explanation:
Maslow continued the line of Erich Fromm insights, restating that the need for self-actualization is inherently human and emerges once the basic needs in the so called Maslow pyramid are met.
The primary and necessary needs for food, security, then lead to love, self esteem and once being satisfied the desires for belogngingness and self realization rise to surface. The Maslow pyramid puts a priority to the human needs, often considerated universal and seeks desire for happiness is equal to a mental health and general well being.
Likewise the social needs, like friendhips, family and intimate connections to express love have demonstrated that contribute to healthier and happier people.
The lacking of these interactions, healthy relationships and the sense of belonging tends to result in depression mental health issues while an abundance of love and community commitment often serve for better coping with life, as Maslow argued
According to Maslow's hierarchy, the nonsatisfaction of belongingness and love needs tends to affect mental health.
Explanation:According to Maslow's hierarchy of needs, belongingness and love needs are interpersonal and involve feelings of belongingness. These needs come after physiological and safety needs are fulfilled. They include the need to feel a sense of belonging and acceptance within a community or from close friends.
Maslow believed that when all other needs are met, the absence of friends, a sweetheart, a spouse, or children can be keenly felt. Nonsatisfaction of these needs can adversely affect mental health, as many therapists believe that society's failure to meet these needs contributes to human suffering.
Therefore, the correct statement is c. Nonsatisfaction of these needs tends to affect mental health.
As the principal Federal official for domestic incident management, the Secretary of Homeland Security coordinates the Federal resources utilized in the prevention of, preparation for, response to, or recovery from terrorist attacks, major disasters, or other emergencies. A. TRUE B. FALSE
Answer:
TRUE
Explanation:
The Secretary of Homeland Security is the person appointed by the US Government to address the internal security of civilians and the sovereignty of the nation. Thus, it is the responsibility of this secretary to take care of defense planning to prevent natural disasters, accidents or terrorist attacks. When one of these incidents occurs, the secretary must give, on behalf of the government, a prompt, intuitive response to minimize impacts on US human, material and environmental life.
NewDigger Inc. makes backhoes for digging ditches and trenches. It has developed an acid that, when poured on the ground, reduces the time and labor required to dig trenches of various depths, depending on how much is applied. The firm has recently started using this product commercially. This would most probably be considered a(n) ________ project for NewDigger.
Answer: This would most probably be considered a breakthrough project for NewDigger.
Explanation:
A breakthrough is an invention or new product that in hands of a company constitutes a tremendous advantage against its competition.
A dog owner lived next door to a day care center. Because he had a large yard and there were no applicable zoning restrictions, he installed a kennel and began training attack dogs to sell to businesses. As soon as he opened the business and posted signs in front advertising the exceptional ferocity of the dogs, some parents who had children enrolled in the day care center became alarmed at the prospect of the dogs right next to the yard where the children played, especially because the children could see and hear the dogs being taught to attack people. Within a few months of the dogs' arrival next door, the owner of the day care lost 10% of her enrollment.If the day care owner brings a nuisance action against the dog owner, what will be the most critical factual issue that the trier of fact must resolve to determine who should prevail?A Whether the day care owner suffered other damages in addition to her economic losses.B Whether the day care owner's use of her property makes her business abnormally sensitive to the presence of the dogs.C Whether the dog owner conducted his business with reasonable care.D Whether the dog owner was apprised of the day care owner's concerns and did nothing to alleviate them.
Answer:
B Whether the day care owner's use of her property makes her business abnormally sensitive to the presence of the dogs.
Explanation:
The trier of fact needs to determine if the circumstances would be different if there was not a daycare next door. This is one of the affirmative defenses. It was established that if the action of the defendant would not have caused damage were it not for this abnormal sensitivity, the defendant is not liable. However, the defendant would be liable if it would effect someone that did not have abnormal sensitivity either.
Researchers are comparing the ____________ genome with those of other organisms, including ____________ whose genome is 90% like ours, to discover more information on human evolutionary origin.
Answer:
human, chimpanzees
Explanation:
The first blank is "human" because after the second blank , the text says "like ours" which references us or humanity as a whole. The second blank is most likely chimpanzees which is the most closely related organism to us.
Which is NOT an example of an effective note-taking strategy Rita could use to feel more engaged during her lectures?B. If Rita notices that information is missing from the lecture, she can indicate in her notes where there might be gaps in her understanding and review reading material to help fill in these gaps.D. Rita could use an outline to organize her notes by main ideas and supporting details.A. Rita could use the Cornell method to record information; she could take notes in the column on the right during class, and add questions and observations in the “recall” column on the left after class.C. Rita could write down everything the instructor says verbatim to ensure she doesn’t miss any key concepts and to help her stay awake in class.
Answer:
Rita could write down everything the instructor says verbatim to ensure she doesn’t miss any key concepts and to help her stay awake in class.
Explanation:
There are many different ways Rita can take notes on the lecture she is attending, but the worst strategy Rita can think of to make this information is to write down everything the instructor literally says to make sure you don't miss any key concepts and to help. her staying up in the classroom. Firstly, it is impossible for Rita to be able to write literally everything the instructor says, if she tried to do so, she would not be able to pay attention to anything in the lecture because she would turn her full attention to the vain attempt to write everything that is spoken. ; Secondly, Rita would only be stressed from trying to write at the same speed as the instructor speaks, and could neither write nor attend the lecture.
Answer: Rita could write down everything the instructor says verbatim to ensure she doesn't miss any key concepts and to help her stay awake in class.
Explanation:
The class of disorders marked by extreme and inflexible characteristics that cause subjective distress or impaired social and occupational functioning are referred to as _____ disorders.
Answer:
Y
Explanation:
What unit is used to measure the frequency of memory?
Answer:
hertz
Explanation:
Cooperative federalism is characterized by
Cooperative federalism refers to a system where the national, state, and local governments work together and share responsibilities. It started during the New Deal era, paving the way for a higher degree of intergovernmental coordination. It is a complex interplay of shared powers and policies which are created through negotiation and compromise.
Explanation:Cooperative federalism is characterized by an intertwined relationship between the national, state, and local governments, often likened to a 'marble cake' scenario. In this system, the different levels of government perform their tasks cooperatively and collectively, sharing responsibilities. It emerged during the New Deal era in the United States, as the government sought to establish programs that required a higher degree of intergovernmental coordination.
Here, powers and policies are not distinctly divided among different levels of government, as in 'dual federalism'. Instead, they are shared and created through a process of negotiation and compromise, often making it hard to discern one level of power from another.
For instance, the federal government might provide funding for education, which is typically a state responsibility, if the state meets certain requirements set out by the federal government. This demonstrates how responsibilities, powers, and policymaking are cooperatively shared.
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Ellie is an eight-year-old girl who lives in a Western country in a large metropolitan area. If one were to compare Ellie to her mother, grandmother and great-grandmother in regards to onset of puberty, one would predict that Ellie will experience puberty ______ others did in her family lineage.
Answer:
Ellie is an eight-year-old girl who lives in a Western country in a large metropolitan area. If one were to compare Ellie to her mother, grandmother and great-grandmother in regards to onset of puberty, one would predict that Ellie will experience puberty younger than others did in her family lineage.
Explanation:
Signs of puberty (breasts and pubic hair in girls and enlargement of the testicles and pubic hair in boys) may appear from age eight in girls and from age nine in boys, but puberty used to appear later in the past.
Many people believe that puberty has arisen early in children (compared to the age at which their parents and grandparents entered puberty) due to the troubled environment of big cities. Since Ellie is an eight-year-old girl who lives in a western country in a large metropolitan area, we can conclude that the bustling environment of metropolitan areas can influence Ellie to experience the puberty younger than others did in her family lineage.
James was raised by his mother; his father was not involved in child rearing. a friend of james' grandmother named fred provided a lot of support to james while he was growing up. fred was given honorary status as james' father. sociologists call this ________.
Answer:
The correct answer would be, Sociologists call this Kinship.
Explanation:
Kinship is a concept in sociology which believes that there could be a strong bond between two persons which do not have any first hand relation with each other. This relationship or bond is so pure that it does not need any blood or documented evidence. For example, in this case, James' grandmother's friend, Fred, provided a lot of support in raising James which his real blood father did not. So he was given honorary status of James's Father which is called Kinship by Sociologists.
____ is the individual internal process that energizes, directs, and sustains behavior; the personal "force" that causes you or me to behave in a particular way.
Answer: Motivation
Explanation:
Motivation is known to be an internal process which impels or drives an individual towards achieving or accomplishing a goal. It is a personal force within a person which makes him or her to take actions in specific manner. Furthermore, it is what triggers or arouses interest in individuals to be energetic in order to be committed to a task. Thus, it is an intense behaviour within a person.
Motivation is the internal process that energizes, directs, and sustains behavior, driven by both internal and external factors. Understanding motivation helps in explaining how individuals achieve their goals and maintain personal well-being. It is a key concept in Health and Psychology.
The individual internal process that energizes, directs, and sustains behavior is known as motivation. Motivation can be described as both internal and external factors that stimulate desire and energy, driving a person to stay interested, committed, or make an effort to achieve a goal.
According to **psychological theories**, motivation is a dynamic and influential force, such as in the pursuit of self-actualization and personal growth, where intrinsic motivation plays a crucial role. Understanding motivational factors is essential in fields like Health and Psychology as it explains how individuals control their behavior to achieve desired outcomes and maintain personal wellbeing.
Examples of Motivation Factors
Intrinsic Motivation: Driven by internal rewards like satisfaction or personal growth.Extrinsic Motivation: Driven by external rewards such as money or recognition.Social Influence: How interactions with others can impact our motivational levels and behaviors.A recent immigrant to the U.S. has been having some problems and after some initial hesitation, decides to see a therapist for some assistance. After the interview, the therapist makes a particular diagnosis and is discussing the case with a colleague when the colleague raises some concerns. She points out that the therapist may need to reconsider his diagnosis because the behaviors involved are much more common and are even considered "normal" in the country from which the person came. The views of the colleague are most consistent with the _____ perspective on psychological disorders.
Answer:
A recent immigrant to the U.S. has been having some problems and after some initial hesitation, decides to see a therapist for some assistance. After the interview, the therapist makes a particular diagnosis and is discussing the case with a colleague when the colleague raises some concerns. She points out that the therapist may need to reconsider his diagnosis because the behaviors involved are much more common and are even considered "normal" in the country from which the person came. The views of the colleague are most consistent with the sociocultural perspective on psychological disorders.
Explanation:
Sociocultural Perspective in the field of Psychology refers to awareness of situations surrounding individuals and how their behaviors are affected by these surroundings.
Sharron is reading a novel. When the phone rings, she looks up to see if her husband is going to answer it. When he does, she returns her attention to the book, going back to the exact spot on the page where she left off. Sharron is able to effortlessly return to her reading because:
Answer: Because of automatic processing
Explanation: In the case of Sharon, It's an automatic space processing. Automatic processing does not require effort, i.e. focusing on given activity. It's about unconscious encoding, which in the Sharron case refers to the space, because she effortlessly returned to the place in the book she left when she heard that the phone was ringing. It means that automatic processing does not require additional thought resources, nor does it interfere with existing, concurrent thought processes. Generally automatic processing can also apply to time and frequency, as well as to well-remembered things, information.
People with psychological disorders may inherit a predisposition to developing behavioral disturbances. This provides evidence that _____ factors contribute to many of the prevalent abnormalities.
Answer:
People with psychological disorders may inherit a predisposition to developing behavioral disturbances. This provides evidence that biological factors contribute to many of the prevalent abnormalities.
Explanation:
This is part of the eternal debate of nurture vs nature. However, there are people that have prevalent conditions inherited so in those people the biological factor is something that stands out.
Final answer:
Genetic factors play a pivotal role in influencing the predisposition to psychological disorders, which can be further compounded by environmental influences and individual personality traits.
Explanation:
People with psychological disorders may inherit a predisposition to developing behavioral disturbances. This provides evidence that genetic factors contribute to many of the prevalent abnormalities. Genes affect more than our physical characteristics; they are also associated with temperament and a number of psychological disorders, such as depression and schizophrenia. Psychological researchers study genetics to better understand the biological factors that contribute to certain behaviors, acknowledging that while all humans share certain biological mechanisms, each individual is unique.
Various environmental factors, such as emotional trauma, stress, and hazardous chemical exposure, coupled with genetic predispositions can lead to the development of psychological disorders. It is this combination of nature and nurture that contributes to the wide range of nervous system disorders observed. Moreover, psychological disorders can also emerge from personality traits like neuroticism, which have been identified as risk factors for chronic health problems and mortality.
Which of the following best describes or defines a personality disorder? An enduring and rigidly pervasive pattern of behavior and experiences that is stable through time and leads to unhappiness, impairment and relationship difficulties. Experiences that deviate from cultural norms and cause changes in perception and coping mechanisms. Have an onset in late adulthood due to stress of financial concerns, marriage difficulty and child rearing. The inability to cope that leads to deviate behavior of the adolescent.
Answer:
An enduring and rigidly pervasive pattern of behavior and experiences that is stable through time and leads to unhappiness, impairment and relationship difficulties.
Explanation:
Personality disorders refers to the symptoms or features displayed by a person that cause him or her to feel anxious, depressed or guilty. Therefore, it involves a system of obstinate, dysfunctional behaviors and ideas that cause impairment or distress.
Professor Boredom has noticed that his students keep falling asleep during his lectures. He thinks that keeping the lights in the lecture hall on at their brightest level will help to keep students awake. He decides to give the same lecture to three groups of people. He holds one class session with bright lights, one class session with normal lighting, and one class session with dim lights. Professor Boredom has a teaching assistant count the number of sleepers at the end of each class. The dependent variable(s) in the above experiment is (are) ......
Answer:
The dependent variable in the experiment is the number of students sleeping.
Explanation:
A dependent variable is what is being studied and measured in the experiment. In contrast, the indpendent variable is the thing that is changed that can alter the dependent variable. In the experiment the indpendent variable is the brightness of the lights. The brightness of the lights can alter how many students sleep in his class.
A user calls you and is quite annoyed. They are locked out of their Notebook and are supposed to be in a web meeting. You try to calm them to get information but they keep saying, "Still locked out. I need to be in there NOW!" You explain that you are resetting their password, but you could better solve the problem if you knew how they got to this point. They say they understand but then exclaim, "Bam! Still locked out. Did you do ANYTHING yet? All I get is this stupid error and told to try again." You ask about the message and they tell you "Error says "NUMLOCK is on" whatever that has to do with anything." You tell them to press the NUMLOCK function keys once and try again. You then explain, "The NUMLOCK function being enabled made the machine think you..." The customer interrupts, states "I'm in," and hangs up. What have you accomplished?
Answer:
l.m.a.o thats wild. but you helped them know what numblock is and you still got it unlocked
Explanation:
Soon after death, the body is washed and dressed and put in a casket. A sandalwood garland is placed on the body; flowers are not used, because they may carry small insects. A swastika is placed near the deceased. When the family arrives and it is time for the service, songs and scriptures are recited for an hour. Eulogies are offered by family and friends. Family members then gather by the casket and apply various items to the body: a little water and rice three times; then sandalwood powder. Then they chant the Namokar Mantra and put more sandalwood powder on the body, a gold coin in the mouth, and a pearl under the lid of the right eye. The casket is then closed and taken to the place of cremation. This is the traditional funeral ritual of which religion?
Answer:
Jainism
Explanation:
The religion that observes these traditional funeral rituals as explained herein is Jainism.
Jainism is an Indian ancient religion that teaches man about the means to attain liberation and enjoy bliss.
Jainism anchors strongly on the right belief, knowledge, and conduct as its guiding principles. It also advocates non-violence.
The burial rituals enable the soul to attain its reincarnation and keep the Earth clean. Jainism espouses reincarnation because it believes that the soul continues the cycle of birth and death as a human being or other animals until its deliverance from karma.
Thus, the essence of the traditional burial rites of Jainism is to offer meaning, purpose, and hope in life and death while comforting the bereaved.
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The basic message of _____ is that potential world production is greater with unrestricted free trade than it is with restricted trade.
(A) rational choice theory
(B) theory of comparative advantage
(C) absolute advantage theory
(D) mercantilist theory
(E) zero-sum game theory
Answer:
zero sum game theory is the right answer
The theory that suggests unrestricted free trade would lead to greater potential world production is the theory of comparative advantage. This theory encourages nations to specialize in what they can produce more efficiently and trade for goods they are less efficient at producing.
Explanation:The basic message of (B) theory of comparative advantage is that potential world production is greater with unrestricted free trade than it is with restricted trade. The comparative advantage theory, proposed by economist David Ricardo, essentially promotes the concept of unrestricted trade. It posits that nations should specialize in what they can produce and export the most efficiently, subsequently importing goods that other countries can produce more efficiently. The theory provides that through such practice, production is enhanced, global trade flourishes, and all nations involved benefit from the increased availability of goods and services.
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The Big Five personality traits _____.
(A) are present in highly varying degrees throughout much of adulthood
(B) apply only to people living in North America
(C) first become obvious in preschool children
(D) are apparent in every culture and era
Answer:
(D) are apparent in every culture and era
Explanation:
The model of the big Five, as it is also known, has shown a crecient agreement among scholars, in that the aspects of human personality go beyond borders, therefore universal.
The applying of this tests to individuals of other cultures indicate that the model is valid for western and non western cultures.
The strongest argument for this is that the personality traits are universal( they lie in genetical origin). Main supporters of this view are Zuckerman, Mayer and Sutton.
Answer:
(D) are apparent in every culture and era.
Explanation:
The Big Five personality traits, under the theory recently developed by many psychologists are:
ExtraversionAgreeablenessOpennessConscientoiusnessNeuroticismThese have been found to be singularly universal. This means that people who belong to a large number of various cultures (50 to be specific), could describe themselves using these five traits.
Research conducted by Edward Prescott of Arizona State University, and Edward Glaeser of Harvard University along with Bruce Sacerdote of Dartmouth College indicate that the effects of supply-side policies A. are, as of now, unclear and require more careful study. B. have little or no effect at all. C. are clearly defined and small. D. are clearly defined and substantial.
The correct answer is A) are, as of now, unclear and require more careful study.
Research conducted by Edward Prescott of Arizona State University and Edward Glaeser of Harvard University along with Bruce Sacerdote of Dartmouth College indicates that the effects of supply-side policies are, as of now, unclear and require more careful study.
When we are talking about economics, supply-side policies are thought to increase Aggregate Supply. They improve the productive capacities of an economy at the same time these are enhancing the quality of the factors of production that are land, labor, capital, and entrepreneurship. But as academic Professors, Prescott Glaeser, and Sacerdote have concluded, supply-side policies are not easy to implement and its effect take time.
Where is the international criminal court located
Answer:
Explanation:
The simple answer is The Hague a city in Holland.
The anthropologist recognized for his work on personal space is ________. talcott parsons edward hall william i. thomas robert k. merton
Answer:
Edward Hall
Explanation:
Edward Hall is known for his Theory of Proxemics. He proposed that personal space is predetermined by culture. It was his belief that how people perceive or organize their space was ingrained and is unconsciously influenced by their culture.
Personal space is an integral part of non-verbal communication. The distance between the person and who they are interacting with differs depending on the intimacy of their relationship. So according to Hall, he says that if we do not understand the cultural differences when it comes to personal space, it may lead to miscommunication and misunderstanding.
Edward T. Hall is recognized for his work on the concept of personal space, known as proxemics, which explores the various distances people prefer in social interactions.
Anthropologist Edward T. Hall is recognized for his work on proxemics, which is the study of personal space and how individuals establish and maintain varying distances between each other in different social contexts.
Proxemics categorizes personal space into different zones such as public space, social space, personal space, and intimate space, with each zone representing a different level of closeness between individuals.
Edward T. Hall's research in anthropology has significantly contributed to understanding human behavior and interaction across different cultures.
What is formal analysis? a. an analytical approach that is rarely concerned with the filmmaker's intent b. an analytical approach concerned with the technical elements (cinematography, sound, design) of a movie, but not elements like performance or narrative c. an analytical approach concerned with the means by which a subject is expressed d. an analytical approach concerned with the content of a subject rather than its expression
Answer:
c. an analytical approach concerned with the means by which a subject is expressed
Explanation:
A formal analysis is an analytical approach concerned with the means by which a subject is expressed. In films, the subject is expressed in different forms. The form deals with the means this subject is expressed. Every frame we see has a reason to be there. The meaning of a film can be explicit or obvious and implicit or hidden.
"We should consider we are providing a constitution for future generations of Americans, and not merely for the particular circumstances of the moment." The writers of the Constitution best reflected this idea when they provided that (A) senatror should elected directly by the people(B) three-fifths of the slaves should be counted as part of the total population(C) Congress shall make all laws necessary and proper to carry out its constitutional powers(D) political parties should be established to represent various viewpoints
Answer:
(D) political parties should be established to represent various viewpoints
Explanation:
This speech reflects a visionary feeling that the US would become a plural nation with a future reality distinct from the time the Constitution was promulgated. Thus, it would be necessary for the public power to be prepared to represent all future generations, in all forms, and the institution capable of capturing and representing the plurality of the American people is the political parties.
Fidel castro led a revolution in cuba in 1959 and created a government based on
Answer: A communist dictatorship
Answer:
B) a communist dictatorship
Explanation:
A developmental psychologist believes that increased TV watching by young children is responsible for a decline in reading scores when these children enter school. To explore her hypothesis, she records the TV watching habits of toddlers in a suburban community. She examines these habits again when the children enter kindergarten and once more when they complete first grade. This method is _______.
Answer: Longitudinal study
Explanation:
Longitudinal study is known to be a type of research study in which research is conducted about a sample of individuals at regular interval in order to determine the effect pertaining to development and changes which occur or happen overtime. This form of research permits researchers to study the same sample of people repeatedly throughout the time of the research and make comparison. Thus, it cost a lot of money and time.
A seller entered into a written contract to sell a tract of land to a buyer. The buyer was to pay $1,500 per month for five years, at which time the seller would deliver a warranty deed. The contract was silent as to the quality of title to be conveyed. After making 12 payments, the buyer discovered that a neighbor had an easement of way over the land, which was not discussed at the time the seller and buyer entered into the contract. The neighbor had not used the easement over the previous year because she had been out of the country. On the basis of the easement, the buyer wishes to cancel the contract.Which party is more likely to prevail?A The seller, because the neighbor's easement has been extinguished.B The seller, because the buyer has no basis on which to rescind the contract.C The buyer, because the obligation to convey marketable title is implied.D The buyer, because the seller has breached the covenant against encumbrances.
Answer:
Option B is correct.
The party which is more likely to prevail is the seller, because the buyer has no basis on which to rescind the contract.
Explanation:
A Contract is an authorized obligatory agreement which identifies and administers the rights and duties of the contractors to the agreement. A contract is lawfully enforceable because it reaches the conditions and consent of the order. An agreement generally includes the exchange of money, goods & services, or obligations of any of these.
Further Explanation:
In the context of real estate, the nature of a contract is an exchange of (a) money from the customer for (b) some conveyance of title, and any quality of title from the retailer.
There are many other significant provisions of a contract but the exchange of cash for the title to real estate is the core activity taking place.
1. Warranty Deed: in the context of the real estate, a Warranty Deed, is a kind of document that presents the greatest amount of security to the customer of property. In this way, a Warranty Deed pledges or guarantees that the buyer owns the estate free and absolved of any notable charges, leases, or other encumbrances against it.
2. Contract Rescission: The term "Contract Rescission" is referred to as the cancellation or termination of a contract. Some other terminology is also used for this such as “cancellation” or “overturning”. The main aim of contract rescission is to return the parties to their primary status before the contract was made.
Keywords:
Contract, Warranty deed, Contract Rescission.
Option B is the correct answer.
The party, which is more likely to prevail is the seller because the buyer has no basis on which to rescind the contract.
Further explanation:
Contract: A legally enforced agreement is considered a contract. An agreement is a promise between two parties to perform tasks for each other for some consideration. When an agreement becomes legally enforced, then it is considered as a contract. So the contract is a legally enforced promise between two parties for considerations. Both parties should get consideration and have a performance obligation.
Following factors are required for the contract:
Offer: A person should offer some consideration to another person for performing any activity or in the exchange of goods.
Acceptance of offer: The other person should accept the offer made by the first person.
Valuable consideration: There should be valuable consideration for both the parties.
Mutual obligation: Parties should promise to execute their obligated activities.
The performance capacity of the parties: Parties should be capable of performing the contract.
Legally enforcement: The contracts should be legally enforced.
These are the basic elements of a contract. If any contracts lack any of the given factors, then it will not be considered as a valid contract.
In the given case, the seller has a contract with the buyer to sell the land. The contract required the buyer to pay $1,500 per month for five years. There was no agreement about the title to be conveyed. There was an easement of way over the land which was not stated at the time of making agreement. However, the easement has not been used by the neighbor during the previous year.
The given contract comes under the category of real estate. The rescission of such contracts can be made, which gives the right of canceling the contract. The contract can be rescinded if the misrepresentation or mistake has been made by the other party. Rescission gives the right to unwind the transaction. Here, the contract cannot be rescinded by the buyer as there was no agreement about the transfer of title of the property.
The seller is likely to prevail as the buyer cannot rescind the contract. However, the seller will not prevail on the basis of the easement of way of the neighbor. The buyer is not likely to prevail as there was no agreement about conveying of the title of the property. Also, the buyer will not prevail on the basis that the seller is involved in the breach of contract as there was no communication among the buyer and seller about the easement.
Therefore, the party which is more likely to prevail is the seller because the buyer has no basis on which to rescind the contract. Hence, option B is the correct answer.
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Answer details
Grade: Senior School
Subject: Business law
Chapter: Contract Act
Keywords: Written contract, a seller, entered into, the buyer was to pay $1,500, after making 12 payments, neighbor has an easement of way, rescind the contract, easement has been extinguishment, real estate, business law, contract law, warranty deed, had been out of the country, over the land.
A nurse is interviewing a client who is a survivor of intimate partner violence. The client is telling the nurse about how the violence occurred. Which statement would the nurse interpret as reflecting phase three of the cycle of violence? (A) "He threw me against the wall and started punching my face." (B) "He calls me stupid and incompetent, asking himself why he ever married me." (C) "He yells at me for not having dinner waiting for him when he came home." (D) "He tells me that he is sorry and that he will never hit me again."
Answer:
The correct answer would be option D, He tells me that he is sorry and that he will never hit me again.
Explanation:
There are three phases of the cycle of violence. In first stage, Tension is built, Yelling and word abusing happens. In the second stage of violence, the perpetrator does the actual physical violence, whereas in stage three of the violence cycle, the perpetrator becomes kind, loving, contrite, asks for forgiveness and promises never to do the violence again.
So while interviewing with a violence survivor, the above mentioned statement would be interpreted by the nurse as the third phase of the cycle of violence.