Zero Tolerance Essay -- School System Education Discipline Essays

Zero Tolerance   Ã‚  Ã‚  Ã‚  Ã‚  There are many disciplinary actions that have been used and are still in use in order to deal with problems in the school system today. However, it seems that zero tolerance is now the most widely used and most controversial policy that has came into effect. Zero tolerance means absolutely no mercy for students when accused of doing something wrong. This policy leaves no room at all for error. These cases are not judged for their individual qualities. They are all treated the same regardless of the circumstances.   Ã‚  Ã‚  Ã‚  Ã‚  When zero tolerance is thought of, it seems like a very practical way of dealing with the problems that we face everyday in the school system. However, we then have to ask ourselves if it is fair to give all â€Å"offenders† of a crime the same punishment without looking at the circumstances of each case. There have been many cases of zero tolerance use that shows just how unfair this policy is. An example of the misuse of zero tolerance is this; a student was kicked out of school for writing a paper that involved guns. This paper said nothing about harming anyone but the student was still kicked out. Is this to say that by having the word â€Å"gun† in my paper that I will be kicked out of school too?   Ã‚  Ã‚  Ã‚  Ã‚  Zero Tolerance has a very good literal appeal. Parents and some students alike are happy to have this disciplinary action. However, zero tolerance would not have stopped the school shootings that have recently plagued the country. A recent po...

Business Law Essay -- essays research papers fc

Case study: David Jones Ltd v Willis (1934) 52 CLR pages 110 till 133. This case has created controversy among the Courts and such justices as Rich, Starke and Dixon. They all have different but similar decisions, relating to The Sales of Goods Act 1923(C ¡Ã‚ ¦th).   Ã‚  Ã‚  Ã‚  Ã‚   Summary This case deals with the defendant David Jones Ltd versus Willis the plaintiff, on the appeal from the supreme court of New South Wales. The case is related to The Sales of Goods Act 1923(C ¡Ã‚ ¦th). In the case the plaintiff purchased a pair of shoes from the defendant David Jones, a retail distributor of footwear not manufactured by it. On the third occasion of wearing the shoes the heel came off while the plaintiff was walking down the stairs. She fell over and suffered injuries. She sued for damages. The court held that there was a breach of the conditions of merchantable quality and fitness for purpose. The judge granted a new trial limited to question of damages. The appeal by the defendant was dismissed by the Full Court of the Supreme Court. Special leave to appeal from the judgment of the Full Court was granted to the defendant by the High Court on question whether there was evidence of implied condition or warranty within the meaning of sec 19 (1) or (2) of the sales of Goods Act 1923.The appeal then came on for hearing. The Sales of Goods Act 1923 (C ¡Ã‚ ¦th) „X  Ã‚  Ã‚  Ã‚  Ã‚  Codifies the common law, with some modifications. „X  Ã‚  Ã‚  Ã‚  Ã‚  In this situation the contact was for a sale of goods. As we can assume that the pair of shoes purchased from the retailer David Jones cost greater than $20 and the plaintiff had evidence in writing such as a receipt. „X  Ã‚  Ã‚  Ã‚  Ã‚  It is a Sales of goods if  ¡Ã‚ §the test is whether the primary objective of the contract is to transfer ownership of goods ¡Ã‚ ¨ in this case that was exactly the situation.   Ã‚  Ã‚  Ã‚  Ã‚   Contract- Section 6 defines a contract for the sale of goods as,  ¡Ã‚ §A contract whereby the seller transfers or agrees to transfer the property in goods to the buyer for money consideration called the price. ¡Ã‚ ¨ (Carvan, Miles C, Dowler W, 2003, 423). The defendant David Jones transferred a pair of shoes (goods), with the plaintiff for a certain price. As there was an exchange of property with money The Sales of Goods Act applies. The pair of shoe... ..., or whether the sales representative knew the particular purpose, it does not seem the parties are going to say something new, even if they were not telling the truth. And it seems the merchantable quality section has been fairly investigated and enough evidence has been obtained to come to a conclusion. In conclusion the sale between David Jones and Mrs. May Elisabeth Willis was a sale by description, it had breeched the implied condition of fitness for a particular purpose along with the implied condition of merchantable quality. Therefore I find the defendant David Jones guilty of sections 19 (1)  ¡Ã‚ §An implied condition of fitness for a particular purpose and 19 (2)  ¡Ã‚ §An implied condition of merchantable quality ¡Ã‚ ¨ as it sold faulty stock to the defendant Mrs. May Elisabeth Willis which caused her to fall down the stairs and brake her leg. The defendant can be sued for damages. I therefore support the trial limited to question of damages. Bibliography „X  Ã‚  Ã‚  Ã‚  Ã‚  Carvan, Miles C, Dowler W, A Guide to Business Law 15th edition. 2003 Sydney: Lawbook Co. „X  Ã‚  Ã‚  Ã‚  Ã‚  Case study: David Jones Ltd v Willis (1934) 52 CLR pages 110 till 133.

Response to Albert Einstein’s Letter to Phyllis Wright

When Albert Einstein, also known as the greatest scientist of the twentieth century, and a Nobel-prize winner, receives a letter from a sixth-grade girl named Phyllis Wright questioning if scientists pray, – and if so, what do they pray for – Einstein simultaneously uses various rhetoric methods such as SOAPS, ethos, logos, and pathos to respond to Wright’s question in the simplest form possible, and in doing so, Einstein created a rhetorically effective response. Einstein’s rhetorical purpose was to elaborate how scientists perceive scientific and religious elucidations.Considering the fact that Einstein is a name known throughout the world and is one of the most legendary scientists known to man, Einstein establishes ethos right away. He has what you could call, â€Å"automatic ethos. † Most people wouldn’t dare to doubt a Nobel-prize winner. Having that in mind, Einstein has a strong amount of credibility to speak on behalf of science and religion through his perspective. Einstein also uses ordinary jargon that any average human could understand, causing people to think highly of him. â€Å"It must be admitted our actual knowledge of these laws is only imperfect and fragmentary.†By using words such as â€Å"our†, Einstein preserves his ethos by establishing himself as a common man, instead of the Nobel-prize winner. This helps his audience relate to his points. Einstein then continues on to create his idea of logos, which he created by supplying a counterargument. â€Å"Scientific research is based on the idea that everything that takes place is determined by laws of nature, and therefore this holds for the actions of people. † By stating this, Einstein concedes to the controversy of scientists with no religious beliefs.However, while conceding with the scientists that believe in the laws of nature, Einstein was concurrently supporting his own statement by showing that he has given a reasonable a mount of deliberation to this topic of science and religion. Einstein is careful when using pathos to help state his point of view, because if you use too much pathos, it will make your entire purpose look more propagandistic. Einstein appeals to his religious viewers by explaining that there could be â€Å"a spirit vastly superior to that of man† relating to the affairs of science.Einstein then goes on to state that, â€Å"in this way the pursuit of science leads to a religious feeling of some sort, which is indeed quite different from the religiosity of someone more naive†. This was Einstein’s clarification, that whether you agree with science or religion, they all involve faith and hope, they just involve different beliefs. The overt subject of Einstein’s response regarding Phyllis Wright’s letter was whether or not scientists pray and what they pray for. The occasion is Einstein receiving a letter from a sixth-grader looking for clarification a bout science and religion.The audience is a more controversial topic. Some say the audience is obviously Phyllis Wright, since he is replying to her letter. However, other people have suggested that due to Einstein’s ethos and his etiquette structure of his response, Einstein knew his response would be seen not just by Phyllis Wright, but by people all over the world. Einstein’s purpose is intricate, you have to analyze the entire letter to understand what Einstein was trying to achieve in responding to Wright. On the surface, it may seem that Einstein’s purpose was to elaborate the nature of science and religion combined.Ultimately, it seems as though Einstein actually wanted to offer Wright a different perspective, due to Einstein’s failure to directly answer Wright’s question. After Einstein’s receipt of Phyllis Wright’s letter concerning the combination of nature and science, and the nature of faith, Einstein takes a more logical approach to the ideals of religion, prayer, and science while acknowledging the differences from a scientist’s point of view. Einstein creates a rhetorically effective response to Wright by giving examples of multiple different rhetoric methods to meet his rhetorical purpose of science and religion from a scientist’s perspective.

The United States Illegal Immigration Dilemma

The United States throughout its history has been built by the hard work and contributions of immigrants. Immigration has always been a vital part of the development of this nation from Colonial days until now; however, Illegal Immigrations has become an issue that is not just discussed by the politicians in Washington, DC and those Border States that are been affected most by it. The issue of Illegal Immigration over the last decade or so is now an issue that seems to be affecting more aspects of the Nation than most seem to be aware of. Illegal immigration has the United facing a situation that it has not had to deal with in over two centuries. The issue of illegal immigration is poses several questions that need to be addressed; how did we get ourselves in the predicament that we are in? Was it the Government Policies and Laws that were or are not being enforced? Maybe, the lack of border security or could those employers who hire known illegal immigrants be the cause. Another, topic that needs to be address when considering the dilemma facing the US is; What impact does Illegal Immigration have on the countries overall Economic System? How does this problem affect our Health Care System, our Educational Systems and Employment opportunities for legal Tax-paying citizens? The most important topic of all is; what is a viable solution to the problem of Illegal Immigration? What type of Immigration Reform will work for all parties involved? Will allowing States to come up with their own laws, instead of relying on the Federal Laws be the right answer, or will revising the 14th Amendment, or Amnesty is the solution? Congress’ major intent when creating Immigration Laws and Policies both early in US history and recently was to accomplish the several goals; â€Å"First, to reunite families by admitting immigrants who already have family members living in the United States. Second, seeks to admit workers with specific skills and to fill positions in occupations deemed to be experiencing labor shortages. Third, it attempts to provide a refuge for people who face the risk of political, racial, or religious persecution in their country of origin. Finally, it seeks to ensure diversity by providing admission to people from countries with historically low rates of immigration to the United States† (Congressional Budget Office, 2006 p. 8); however, there are others actions, or lack of action by government agencies that seem to counteract the very intent of the laws and policies created. One example is the lack of funding and enforcement of our countries border security system. Another example is the non-enforcement of laws and policies governing employers who knowing hire illegal immigrants. Statements like the following by then President Bush, sums up the US governments state of mind and the country’s National Interest concerning the Illegal Immigration issue; â€Å"the U. S needs more cheap labor from south of the border to do the jobs Americans aren’t willing to do, there are uncalculated cost involved in the importation of such labor – public support and uninsured medical costs† (Costs of Immigration, 2007, para. 1). Illegal Immigration’s impact on the US economy can be seen in the following areas: Our Health Care System, our Education System and in Employment Opportunities for legal citizens. The net fiscal cost of immigration ranges from $11 billion to $22 billion per year, with most government expenditures on immigrants coming from state and local coffers, while most taxes paid by immigrants go to the federal treasury. The net deficit is caused by a low level of tax payments by immigrants, because they are disproportionately low-skilled and thus earn low wages, and a higher rate of consumption of government services, both because of their relative poverty and their higher fertility. This is especially true of illegal immigration. Even though illegal aliens make little use of welfare, from which they are generally barred, the costs of illegal immigration in terms of government expenditures for education, criminal justice, and emergency medical care are significant. California has estimated that the net cost to the state of providing government services to illegal immigrants approached $3 billion during a single fiscal year. The fact that states must bear the cost of federal failure turns illegal immigration, in effect, into one of the largest unfunded federal mandates. Yet we still have those who believe that illegal immigrants do not have an adverse effect on the economy (â€Å"Center for Immigration Studies†, 2006, para. 1). The Health Care system here in the US has probably seen the biggest impact of illegal immigration when looking at the overall picture and considering the dilemma as a whole. An example of these effects in Texas is the statement made by â€Å"Rick Alleyer, director of research for the Health and Human Services Commission, said illegal immigrant health care – mostly emergency hospital care – cost the state over $100 million last year† (Illegal Immigrant Care, 2010, para. 5). Throughout the country in states like Texas, New Mexico, Arizona and California hospitals have had to either closing their doors completely or file bankruptcy because of federally mandated programs requiring free emergency room services to all illegal immigrants. The effects of illegal immigration on the US educational systems may not be as profound as they are for the health care system, the impact is noticeable enough for educators, politicians and state governments to consider when they receive yearly reports of how poorly their schools are performing, the increase in student population, and how the cost of education continues to increase. According to Edwin Rubenstein, â€Å"Immigrant children are poorer than native-born children, and their numbers have increased far faster. At least 19 percent of all K-12 enrollments are the result of immigration. In excess of 9. 2 million are immigrants or the children of immigrants. Because of their lack of language abilities, they take 25 percent of funding. Out of $499. 1 billion in the 2008 school year, $125 billion was spent on foreign born children† (Illegal Alien Education Impact, 2008, par. 7). Notice this was just considering secondary schools in the state of California. There are numerous states and schools that are rewarding illegal immigrants for enrolling in the schools, yet they are denying the same subsidies to lawful students or legal immigrants. The ever increasing number of illegal immigrants flowing into the US every month plays a dramatic role in displacing American workers, over the past five years it is estimated that 1 million legal citizens have been replaced by immigrants allow to come this country on work visas. Another area for concern pertaining to illegal immigration and its effect on employment opportunities is, the trend among illegal immigrants changing from the traditional few industrial area and parts of the country, integrating themselves into all sectors of the economy throughout the nation. The concern here is the increasing widespread demand for their labor. Having discussed some of the areas that our country are faced with, and most do something about, we now will look at some possible solutions on how to deal with this dilemma. Realizing that Immigration Reform is must do, what areas need to be addressed, and what adjustments need to be made is the question at hand. One of the many Immigration Laws and Policies that has been created over the years is the 14th Amendment and the â€Å"anchor baby† concept. This amendment has been in the news and on the mouths of politicians almost as much as Immigration Reform itself. The question that needs to be addressed is will amending this amendment provide enough assistance to drastically decrease the flow of illegal immigrants into the country? If we look at the direct effects that the 14th amendment has on the country some feel very strong about amending this amendment. For example some believe that rescinding the citizenship of anchor babies; â€Å"American hospitals welcome anchor babies†¦Anchor babies are citizens, and instantly qualify for public welfare aid: Between 300,000 and 350,000 anchor babies annually become citizens because of the Fourteenth Amendment to the U. S. Constitution: ‘All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and the State wherein they reside. ’† (Illegal aliens threaten U.  S. economic system, 2008, para. 12). The concept of individual states enacting their own laws and initiatives could be the short term solution. Arizona’s AZ SB 1070 law, even though not fully implemented, is one such example of states taking matters into their own hands not waiting on the Federal government to enforce the laws they created. Arizona Senator Russell Pearce (2010) â€Å"characterizes the illegal immigration problem as one of invasion and quotes the Constitution: â€Å"The United States shall guarantee that every State of this Union a Republican Form of Government, and shall protect each of them against Invasion† (p. ). Arizona is not the only state that has come up with laws to help deal with the illegal immigration population in their states; you have states like Colorado, Georgia, Idaho, and Oklahoma. The state of California has a bill that has begun the signature process, the California Taxpayer Protection Act of 2010, Initiative 09-0010. This bill is for â€Å"real world citizens, â€Å"The people of California have an opportunity to curb the illegal immigration. Many in California may not have seen the grass lately, but we’ve been seeding our roots† (Dvorak, 2009, p. ) The Illegal Immigration Amnesty bill was signed into law by President Reagan in 1986 in an effort to provide amnesty to illegal immigrants that entered the country before 1982. The intent was to be tighter security on the borders and stricter penalties for employers hiring undocumented workers. Needles to say, this law seem to accomplish the exact opposite. There are some who believe that with the proper oversight and funding this could prove to be a viable solution to the illegal immigration problem that the U. S. aces today. There are also those who believe that the Amnesty Law is a major cause of illegal immigration, many immigrants believe that once they get here to the U. S. they will qualify for amnesty in a matter of time. â€Å"Many in California believe the federal government has dropped the immigration ball over the last 40 years. â€Å"In Washington D. C. they have a few nicknames; reform is code word for amnesty† (Dvorak, 2009, p. 2) It is without a doubt that the US was founded on immigration and its many contributions over the years. The dilemma that we face today brings into question if the laws and policies of the past are serving their intended purposes, if they are still beneficial to the country, and if there are new laws that need to be created to address some of the issues that have been created because illegal immigration. Even though actual numbers of illegal immigrants were not discussed because of inaccurate data; the issues concerning how did we get to this point; what are the impacts of illegal immigration on the countries social and economic systems, and probably the ost the most import issue is what are we going to do about it. The solution to this dilemma should include, not just the enforcement, of the policies and laws established but, it should also make sure they are properly funded as well. The solution should contain initiatives that address those topics that negative effect the country as well as initiative that reward positive effects of illegal immigration; keeping in mind the countries national security and national interests in mind. References http://www.redstate.com/renny/2010/08/17/az-sen-russell-pearce-on-his-states-immigration-law-and-the-rest-of-us/ http://www.theamericanresistance.com/articles/art2005mar13.html http://www.rense.com/general81/illega.htm

Literature Review Methane

Methane Recovery from Landfills Utilization as a Potential Energy Source and Impact on Reduction of Green House Gasses According to The Conference Board of Canada, current Canadian municipal solid waste (MSW) generation levels are approximately 30 million tonnes per year, with a rate of 894 kg per capita, 67 percent of which is landfilled. (Jones L. et al. 2002) Sanitary landfills burry MSW under soil, sanctioning a complex series of reactions to occur, where anaerobic microorganisms decompose a portion of the organic fraction of the waste producing methane and carbon dioxide.Methane generation and emission from landfills are topics of major interest due to methane's role in the greenhouse effect, migration of hazard potential, health and safety issues and energy applications. The objective of this literature review is to provide a concise relationship between MSW and landfill gasses (LFG), details of potential methods used for capturing methane as appose to emitting the gas as well as the benefits of doing. Rendering to information written by D. R. Reinhart and T. G. Townsend (1998), MSW contains approximately 50 – 70 % of biodegradable material, such as food, paper, wood, and garden trimmings.Once MSW is deposited into a landfill, it undergoes a number of biological, physical and chemical changes. These changes are greatly dependent on site conditions, waste characteristics, temperature, quantity of oxygen, moisture content and other factors. (Nozhevinikova et al. 1993) The most important reactions occurring within the landfill are those involving the microbes which begin to consume the carbon in the organic material, in turn causing the decomposition and eventually leading to the evaluate of LFG.In sanitary landfills, the process of burying waste and regularly covering deposits with a low permeability material creates an internal anaerobic environment that favors methane producing bacteria since the presence of oxygen is lacking. Pathways leading to t he production of methane and carbon dioxide from anaerobic digestion of organic fraction of solid waste are briefly described bellow: 1) Decomposition of organic matter- In this preliminary process, compounds of higher molecular mass (Lipids, proteins, nucleic acids etc. are transformed into intermediate mass compounds making them much more suitable for the microorganisms as a source of energy and cell carbon 2) Conversion of decomposed matter to Organic Acid- In this phase, the existing microorganisms convert the intermediate molecular mass compounds into lower molecular mass compounds such as compel organic acids. 3) Conversion of Acetic Acid to Methane Gas- During this stage, the microorganisms transform the acetic acid into methane (CH4) and carbon dioxide (CO2) gasses. Cassia de Brito Galvao, T. and Pos, W. H. 2002) As the solid waste decomposes in landfills, the gas which is emitted is composed of approximately 50 percent CH4 and 50 percent CO2, both of which are green house g asses (GHG) (Bingemer, H G. , ; Crutzen, P. J. 1987) With Landfilling being the primary source of disposal of MSW around the world, (Encyclopedia Britanica 2012) methane emissions from landfill represent the largest source of GHG emissions from the waste sector, contributing around 700 Mt CO2-e. United Nations Environmental Programme 2012) As recorded by Environment Canada (2010), similar trends exist nationally with emissions from Canadian landfills accounting for 20% of the total national methane emissions. Information gathered in a thesis prepared by Palananthakumar, B. (1991) outlines the proportion of methane produced world wide from landfills, and can be seen illustrated graphically below in Figure 1. 0. Figure 1. 0: % of Methane Production Contributions Worldwide from Landfill Existing research leads to the confident statement that methane is a potent greenhouse gas.As summarized in a 2009 article from the Municipal Solid Waste, the Journal for Municipal Solid Waste Professio nals, In its Fourth Assessment Report (2007), The Intergovernmental Panel on Climate Change (IPCC) concluded that, on a 100-year time frame, each molecule of methane has a global warming potential 25 times higher than that associated with a molecule of carbon dioxide. (Duffy, D. P. et al 2009) Table 1. 0 summarizes the enumerated global warming potential for the primary greenhouse gasses discussed. Table 1. : Global Warming Potential (GWP) for a Given Time Horizon Greenhouse Gas| GWP20-yr (kg CO2-e| GWP (IPCC 2007) 100-yr (kg CO2-e)| GWP 500-yr (kg CO2-e)| Carbon Dioxide (CO2)| 1| 1| 1| Methane (CH4)| 72| 25| 7. 6| (Forster, P. et al 2007) In the last decade, attention to methane emissions from landfills has grown significantly with increased and ongoing awareness of global warming. The efforts of individual landfills as well as the nations as a whole are closely monitored for the control of methane emissions.A trend has been observed that the magnitude of methane emission has been slightly decreasing, which is potentially due to the development of LFG to energy projects. Contrary to the negative perception associated with all greenhouse gasses, capturing this LFG can lead to beneficial outcomes. Generally, recovered methane either flares or is used as source of energy. The use of the gas as a source of energy is economical and environmentally friendly method to reduce LFG emissions. There are three primary approaches for the utilization of LFG.They include; 1) Direct use of gas locally 2) Generation of electricity and distribution through power grid 3) Processing and injection into a gas pipeline. (Palananthakumar, B. 1991) The captured LFG has the potential to provide a continuous source of energy and improve local air quality. In addition, using LFG can significantly reduce GHG emission, making the option of exploiting this alternative energy source a very viable option to MSW management. The United States Environmental Protection Agency has utilized this M SW management option and continues to encourage it.They have created a program that aims to help reduce methane emissions from landfills by assisting and encouraging the recovery and use of LFG as an energy resource. Since the programs inception, Landfill Methane Outreach Program (LMOP) has assisted 520 LFG energy projects in the United States reduce landfill CH4 emissions and avoid CO2 emissions by a combined 44 million metric tons of carbon equivalent. The reduction of methane emission through this program has slightly influenced the overall emission of LFG in USA.The success of LMOP can be reckoned by observing statistics from 2010 where reductions from all operational LFG energy projects were equivalent to Annual GHG emissions from 18. 5 million passenger vehicles. (United States Environmental Protection Agency 2012) A variety of technologies exist to generate electricity from collected methane including, internal combustion engines, gas turbines, and microturbines. Although the re is a diversity of technologies, approximately eighty five percent of existing LFG electricity generation projects use internal combustion engines or turbines. United States Environmental Protection Agency 2012) â€Å"How much energy can Municipal solid waste produce? † is a common question among existing research. According to â€Å"An Overview of Landfill Gas Energy in the United States† published by U. S. Environmental Protection Agency Landfill Methane Outreach Program, one million tons of landfilled MSW can produce an electricity generation capacity of approximately 0. 8 MW. To further quantify this value, allowing the magnitude of the electricity generation to be understood, Focus on Energy (2003) outlines that 0. 8MW would be drawn to power approximately 8 000 100w light bulbs.It can be concluded that LFG recovery wreaks benefits environmentally, socially and economically. LFG recovery, particularly methane, also makes an impact on the larger issue termed gree n house effect, as it is amongst the most cost effective and feasible measures to reduce greenhouse gas emissions. The recovered LFG can be directly or indirectly utilized to produce energy, which is a perpetually small, however; a very important component of an integrated approach to the solid waste management given that the use of landfills continues to remain the predominant method of municipal solid waste disposal in most countries. Global Methane 2012) References Bingemer, H G. , ; Crutzen, P. J. (1987). The Production of Methane from Solid Wastes. † Journal of Geophysical Research, 90(D2), 2181–2187. Cassia de Brito Galvao, T. and Pos, W. H. (2002) â€Å"Landfill Biogas Management: Case of Chilean Sanitary Landfills. † Recovering Energy from Waste, 183-194. Conference Board of Canada. (2011). â€Å"Municipal Waste Generation. † How Canada Performs, ; http://www. conferenceboard. ca/hcp/details/environment/municipal- waste-generation. aspx#_ftnref3; ( Sept. 28th, 2012) Duffy, D.. P et al (2009). â€Å"Moving Up†¦ to the Top of the Landfill. Municipal Solid Waste Management. 19(2), 36-39. Encyclopedia Britanica (2012). â€Å"Solid Waste Management. † ;http://www. britannica. com/EBchecked/topic/553362/solid-wastemanagement /72390/Sanitary-landfill; (Sept. 29th, 2012) Environment Canada (2010). â€Å"Municipal Solid Waste and Greenhouse Gases. † ;http://www. ec. gc. ca/gdd-mw/default. asp? lang=En;n=6F92E701-1; (Sept 29th, 2012) Focus On Energy (2003). â€Å"Electricity Basics for Renewable Energy Systems†, Focus on Energy, Wisconsin. Forster, P. et al (2007) â€Å"Changes in Atmospheric Constituents and in Radiative Forcing. Climate Change 2007:The Physical Science Basis. Cambridge University Press, Cambridge, United Kingdom and New York, NY, USA. Global Methane (2012). â€Å"Basic Concepts of Integrated Solid Waste Management. † International Best Practices Guide for LFGE Projects, Global Methan e Initiative, U. S. Environmental Protection Agency, Washington, DC. Jones, L. et al. (2002). â€Å"Environmental Indicators 5th Edition. † Critical Issues Bulletin, The Fraser Institute: Vancouver, BC Landfill Methane Outreach Program (2012). â€Å"An Overview of Landfill Gas Energy in the United States† U. S. Environmental Protection Agency, Washington, DC.Nozhevinikova, A. N. , et al. (1993). â€Å"Microbiological Process in Landfills. † Water Science Technology, 27(2), 243-252. Reinhart, D. R. , and Townsend, T. G. (1998). Landfill Bioreactor Design ; Operation, CRC Press LLC: Boca Raton, FL, USA. Palananthakumar, B. (1991). â€Å"Modeling of Methane Generation, Oxidation and Emission in Landfills. † M. Eng. Thesis, Asian Institute of Technology School of Environment, Resources and Development, Bangkok, Thailand. United States Environmental Protection Agency (2012). â€Å"Landfill Gas Energy:A Guide to Developing and Implementing Greenhouse Gas Reduc tion Programs. Local Government Climate and Energy Strategy Guides, U. S. Environmental Protection Agency, Washington, DC. United States Environmental Protection Agency (2011). â€Å"Landfill Methane Outreach Program. † Environmental Protection Agency, ;http://www. epa. gov/lmop/ faq/ lmop. html; (Sept 29th, 2012) United Nations Environmental Programme (2012) â€Å"Waste and Climate Change: Global Trends and Strategy Framework. † United Nations Environmental Programme Division of Technology, Industry and Economics International Environmental Technology Centre, Osaka, Japan.

Chicken Wings

Chlamydia is the most common bacterial sexually transmitted infection (STI) in Canada. When left untreated, it can lead to painful physiological problems and sterility defects. Despite being in decline for many years, rates of chlamydia infection have risen steadily since 1997. These rising rates show that people are not using safer sex methods on a consistent basis. This STI is transmitted through vaginal, anal, or oral sex, and can also be transmitted from mother to child during childbirth.Chlamydia exists as one of many issues concerning safe sex across Canada. In terms of unprotected or unsafe sex, it is important for people to test for Chlamydia. It is known as the ‘silent disease', because more than 50 percent of infected males and 70 percent of infected females have no symptoms and are unaware of their condition. Physiological effects usually begin to appear two to six weeks after infection, but it can take longer. If the STI is left untreated, beginning symptoms include : Women Men -A vaginal discharge-A discharge from the penis A burning sensation when urinating-A burning sensation when urinating -Vaginal bleeding between periods or after intercourse-Pain and/or swelling in the testicles -Pain in the lower abdomen-Pain in the lower abdomen If the STI is still not treated after initial symptoms, long-term effects for both sexes may include Pelvic Inflammatory Disease (PID), which is irritated skin in the pelvic region, and also a decrease in fertility rates. Even without symptoms, however, chlamydia can be transmitted and can lead to serious health problems and sterility, especially in women.Anyone at risk should therefore be tested. Support Services Health Canada's Sexual Health and Sexually Transmitted Infections Section provides national leadership and coordination through programs that develop and support surveillance and targeted research studies. Working with provincial and territorial governments, non-governmental organizations and health ca re providers, the Section develops evidence-based national standards and policies, promotes the exchange of information and engages in prevention and promotion activities.Additional Info: Minimizing RiskFollowing these suggestions may help you to protect yourself from contracting chlamydia: Learn about safer sex methods. Make informed decisions. Talk to your partner(s) about their STI status and the use of protection. Correct use of condoms reduces the risk of acquiring chlamydia and other STIs. Get tested for chlamydia if you are sexually active. If you are diagnosed and treated for chlamydia, be sure to follow your health care provider's treatment and follow-up recommendations.If infected, you should abstain from sex until both you and your sexual partner(s) have completed your antibiotic treatment. You can easily be reinfected if your partner is not treated as well. It is important that you or someone from your public health department notify any of your sexual partners who may h ave been put at risk of infection. They will also need to be tested and possibly treated.

Analysis and Consequences of Legal Action(S) Essay Example for Free

Analysis and Consequences of Legal Action(S) Essay Analisis for successful lawsuit report Purpose Per your request, our legal team, courtesy of Legal Eagles, LLP, wishes to advise you regarding your tentative legal action against Mechanics National Bank (â€Å"National Bank†). As you alleged, National Bank was negligent in their failure to remove a lien on your Lagoon Beach property. Our legal team has assessed this and other concerns of your case. Outlined throughout this correspondence are conclusions we have made and recommendations we wish you consider. Before we proceed, we thank you for your trust and assure you nothing less than our highest-quality work. You have expressed to us your interest in recovering compensation for a failed entrepreneurial endeavor involving a hotel property, Hotel California. You also informed us that your acquisition of this property was dependent upon your securing financing through pledging a property you currently own as collateral. In a brief analysis of the facts of your case, we find you may successfully prove liability on the part of National Bank; however, this conclusion is not without concerns, particularly regarding your contract with the owner of Hotel California. This concern and other considerations for your case are also discussed in this correspondence. Factual Background Our notes of the essential facts of your case indicate the following: You sought the acquisition of an existing hotel property located in Palm Desert, Green. You contacted the hotel’s listing agent, Mr. Babak Gordon, and obtained preliminary data on the property, including financial statements of the hotel which you have provided us. On January 5, 2005, the hotel owner, Ms. Shirley Ramirez, Mr. Gordon, and you had a preliminary discussion regarding the purchase and sale of Hotel California. Ms. Ramirez offered to you by phone this property for $4.3 million, excluding the furniture, and the sale was to conclude following a 45 day escrow. On January 6, 2005, you faxed Ms. Ramirez a signed letter both indicating your acceptance of her offer and your preference that the transaction close following a 60 day escrow. Although you never received a reply or confirmation from Ms. Ramirez, on January 30, 2005, you obtained a financing commitment from Bank of the West. Their conditions we re that the bank would obtain a first priority lien on the hotel property along with an unrelated undeveloped parcel of land owned by you in Lagoon Beach, Green. As you have shared with us, you acquired this land in 1984 and had managed to pay off its mortgage on November 1, 2004. However, National Bank failed to remove its lien on the property. You vigorously attempted to get National Bank to remove its lien on this property. You contacted bank officers and explained to them that the lien needed to be removed so that you could pledge the property as collateral and finance your purchase of Hotel California. Because National Bank did not remove this lien, you were unable to finance the acquisition of Hotel California. You later bought a hotel property â€Å"similarly situated† and â€Å"virtually identical† to Hotel California for $4.7 million dollars. Issue From our analysis, we find as reasonable your decision to consider pursuing legal action against National Bank for damages. You have cited National Bank as negligent for failing to follow instructions regarding the removal of a lien from the title of your Lagoon Beach property. If you proceed further to trial, a court of law will try, whether by failing to remove its lien on your Lagoon Beach property, National Bank committed the tort of negligence. Because our analysis has also raised concerns regarding your contract with the owner of Hotel California, Ms. Shirley Ramirez, we must also inform you of a second issue a court of law is likely to try. If you proceed further to trial, a court of law will try whether a legally binding, enforceable contract exists (or existed) between Ms. Ramirez and you. Keep in mind that your legal action for damages may be predicated on whether there was a contract. Roadmap In addition to listing our conclusions, recommendations, and concerns throughout this correspondence, you will find that we have analyzed the likelihood for success of your legal action against National Bank. You have expressed your desire to recover damages for your lost opportunity involving the Hotel California property. For your convenience, a complete and careful analysis has been conducted and detailed throughout this correspondence. GROUNDS OF LIABILITY You have alleged that National Bank was negligent, and you intend to recover damages from National Bank. You will have the burden of proving the prima facie case for the tort of negligence. You must cite evidence and present arguments that support your allegation of National Bank’s negligence. To successfully fulfill your burden you must show that: * Duty: The defendant (National Bank) owed you (plaintiff) a duty of due care. * Breach of Duty: Defendant’s conduct breached that duty. * Actual and Proximate Cause: Actual and proximate causation between defendant’s breach and your (plaintiff’s) injury was present. * Injury: Injured party (you) sustained injury due to defendant’s actions. If you fail to prove these elements, National Bank’s legal team may motion to dismiss your case. In this event, it is possible that your case could then be dismissed without further proceedings. However, if you successfully prove and argue all four of these elements, you must also overcome any affirmative defenses, if applicable, raised by the defendant (National Bank). These defenses are contributory negligence and assumption of risk. From our initial analysis, National Bank will be unable to raise an affirmative defense on these grounds. We will fully assess whether there are on any other legal grounds defenses that National Bank can raise. (See Other Considerations.) Remedies for Negligence If you successfully prove National Bank’s liability, you may be entitled to recover compensatory or actual damages. The damages and compensatory award amounts are determined on a case-by-case basis by the jury or judge presiding over the case. We have included a potential award amount you may be entitled to and you will find a complete discussion on how this determination is made. (See ANALYSIS OF LIABILITY – Injury.) Statutes Governing Contract Law Because the secondary issue (See Issue) and one of our concerns regarding your case is regarding your contract with Ms. Ramirez, we have disclosed applicable information from both the Green Civil Code and our legal library pertaining to 1) offer and acceptance, 2) Green’s statute of frauds, and 3) Green’s â€Å"mirror image rule.† For your convenience, we have bolded and defined legal terminology that will be reiterated in later sections of this correspondence. Offer and Acceptance An offer is the important first step in the contract formation process. A party (offeror) who makes the offer gives another party (offeree) to whom the offer is made the power to bind both parties to a contract simply by accepting the offer. Not every proposal qualifies as an offer. To distinguish an offer, courts evaluate offers on three grounds: First, they look for some objective indication of a present intent to contract on the part of the offeror. Second, they look for specificity, or definiteness, in the terms of the alleged offer. Third, they look to see whether the alleged offer has been communicated to the offeree. An acceptance is â€Å"a manifestation of assent to the terms [of the offer] made by the offeree.† In determining if an offeree accepted an offer and created a contract, a court will look for evidence of three factors: (1) the offeree intended to enter the contract, (2) the offeree accepted on the terms proposed by the offeror, and (3) the offeree communicated his acceptance to the offeror. Statute of Frauds According to the Green Civil Code,  § 1624, any contract transferring an interest in land is invalid if not accompanied by â€Å"note or memorandum.† An unenforceable contract is one that meets the basic legal requirements for a contract, but may not be enforceable because of some other legal rule. A contract for which the statute of frauds requires a form of writing, yet no writing is made, may be declared an unenforceable contract. Mirror Image Rule The traditional contract law rule is that an acceptance must be the mirror image of the offer. Attempts by offerees to change the terms of the offer or to add new terms to it are treated as counteroffers because they indicate an intent by the offeree to reject the offer instead of being bound by its terms. Now that you have an understanding of the relevant law behind the tort of negligence and contracts, and are familiar with the legal terminology of these areas, we proceed into our analysis of the facts of your case and the prima facie case for the tort of negligence. ANALYSIS OF NATIONAL BANK’S LIABILITY Should you pursue further legal action against National Bank, you will have the burden of proving the elements of the prima facie case of the tort of negligence. Below are descriptions of these elements, accompanied by our legal analysis between the facts of the case, prima facie case, and case law from our legal library. Tort of Negligence In Commercial Escrow Company v. Rockport Rebel, Inc., negligence is defined as â€Å"conduct which falls below the standard established by law for the protection of others†. Because of the similarities in the facts between the case of Escrow Company and your case, this case has been used extensively in the forming of the following arguments. We recommend using this case in satisfying your burden for your legal action. Accordingly, you must argue that National Bank’s behavior in failing to remove the lien on your Lagoon Beach property fell below the standard for public protection established by law. Further, to successfully prove negligence, you must argue that National Bank is responsible for some injury you incurred stemming from their alleged mismanagement and failure to remove the lien on your property. With your notes, the facts of your case, and documents you provided us, we have constructed tentative arguments to determine the success of your legal action. You will find these arguments beginning on the next page. Duty According to the case, Commercial Escrow Company v. Rockport Rebel, Inc., â€Å"a defendant owes a duty of care to all foreseeable plaintiffs.† For example, in cases where a â€Å"[defendant] voluntarily assumes the duty to act by promising to the plaintiff to behave in a certain way,† the defendant owes that plaintiff a duty to act with care. According to Judge Utter, a â€Å"defendant also [owes] the plaintiff a duty of care where a contractual relationship between the parties requires the defendant to act in a certain way towards the plaintiff.† Considering these rules of law, National Bank owed you a duty to act as you requested. In your previous correspondence, you indicated that National Bank is â€Å"the lender on your Lagoon Beach property.† You also submitted to us a copy of your deed of trust. To reiterate â€Å"the language in the deed of trust† as part of your contractual relationship with National Bank, National Bank was supposed â€Å"to promptly record a reconveyance of its lien on [your] property upon payment in full of the underlying loan.† Because National Bank failed to do this, we find it foreseeable that you would be prevented from using the property as collateral for your hotel acquisition. Additionally, you also mentioned that you â€Å"vigorously attempted to get†¦ National Bank to remove its lien on [your] property, but to no avail† and despite â€Å"repeated assurances from various officers.† Because National Bank officers assured and essentially promised you that they would remove the lien on your property, National Bank voluntarily assumed a duty to you, if no duty had been present beforehand. In essence, the assurances made to you to process your request indicate that National Bank voluntarily assumed, and therefore owed you, a duty of due care to act as you requested. In light of these arguments, we assure you that you should successfully satisfy this first element – duty – of the prima facie case of the tort of negligence. Breach of Duty According to Commercial Escrow Company v. Rockport Rebel, Inc., in order for a plaintiff to prove negligence, the â€Å"plaintiff is required to show †¦that [the defendant] had breached [defendant’s] duty of care to the plaintiff.† In most cases, a defendant owes a plaintiff a duty to act as would a reasonable person under similar circumstances. In the case of Escrow Company, the Court found that â€Å"in performing services for a client, [the] escrow company has the duty to strictly follow instructions.† Like an escrow company, a financial institution like National Bank most likely has a duty to strictly follow instructions drafted in a deed of trust, or part of a loan or other financial instrument. Because officers on behalf of National Bank did not follow instructions and terms of behavior involving you (as lendee) and National Bank (as lender) detailed in your property’s deed of trust, you may successfully argue that National Bank breached its duty to you. According to our copy of your deed of trust you provided us, National Bank was required to â€Å"promptly record a reconveyance of its lien on the property upon payment in full of the underlying loan.† You had managed to pay off the mortgage on this property on November 1, 2004. Despite this, National Bank failed to remove its lien, even after you requested. Because officers at National Bank did not strictly follow this instruction, National Bank breached the duty of due care owed to you. Causation Satisfying the prima facie case for the tort of negligence also requires that a plaintiff prove that there is a connection (or actual causation) between the alleged breach of duty by defendant and injury suffered by plaintiff. As in the case of Commercial Escrow Company v. Rockport Rebel, Inc., courts assess the existence of a connection between breach and injury by determining whether injury would have occurred if not for breach. A court would employ a similar test in your case. Because National Bank failed to remove the lien on your property, you did not satisfy terms of the loan commitment with Bank of the West and could not secure financing for your acquisition of Hotel California. We find that there is a casual connection. Courts also evaluate the proximate cause (causation) between a defendant’s breach of duty and a subsequent injury suffered by a plaintiff. Proximate causation refers to whether the defendant’s breach of duty and subsequent injury suffered by the plaintiff was foreseeable. Because you vigorously attempted to have officers at National Bank remove its lien on your property and informed them that you needed the lien removed in order to pledge the property as collateral, we find that your injury of loss of opportunity to acquire the hotel property was foreseeable. Injury The final element you must prove to satisfy the prima facie case for the tort of negligence is whether you have suffered injury because of National Bank’s alleged negligence. Due to National Bank’s failure in removing the lien on your Lagoon Beach property, the transfer of ownership agreement of Hotel California between you and Ms. Ramirez allegedly collapsed. Later, you purchased a â€Å"similarly situated† and â€Å"virtually identical† hotel property for $4.7 million, $400,000 more than what you would have paid for Hotel California ($4.3 million). In essence, National Bank’s alleged negligence caused you to incur an opportunity cost of $400,000. This loss of opportunity is under the assumption that a valid, enforceable contract existed between you and Ms. Ramirez. SUMMARY Because National Bank breached its duty by failing to remove its lien on your property, you were unable to secure financing for a $4.3 million acquisition of Hotel California. However, you later purchased a â€Å"virtually identical† property for $4.7 million. You may be entitled to the difference. DEFENSES AGAINST LIABILTY In this portion of this report, we detailed any applicable defenses relevant to your case, and outlined other considerations and concerns we advise you to consider. Although we have found that affirmative defenses to National Bank’s negligence are inapplicable to the particular facts of your case, we have other concerns to discuss. Other Considerations It is the opinion of Legal Eagles, LLP, that National Bank may argue that regardless of whether it removed the lien on your Lagoon Beach property, indefinite would be the transfer of ownership of the hotel property from Ms. Ramirez to you. As our analysis showed, you may successfully prove that National Bank had a duty to remove the lien on your property and subsequently breached that duty by failing to adhere to this instruction. If the failure to remove the lien on your property can be proven to have caused you damage(s), we will advise you to pursue further legal against National Bank. But first we must evaluate the documents you provided us and later the validity of the binding contract between you and Ms. Ramirez. Analysis of Income We have completely revalued the hotel property, Hotel California you were interested in. We used the same method(s) and approaches that most banks in our region would use to appraise the value of hotel properties. The expected value approach places weights on appraisals from two methods. First, we multiplied the past two years’ average gross margin by four. This holds a weight of 40%, because it is expected to be accurate 40% of the time. The value we derived from this method came to $2,462,380.00. Next, we took the present value of the average of the past three years’ cash flows, discounted at an 8% discount rate for 10 years. This method holds a 60% weight. The value derived from this method comes to $2,505,589.13. Our final step is to assign the correct weight to each method and sum the two figures. We can therefore conclude that the Hotel California’s appraisal value is $2,488,305.48. In addition to this, it is acceptable for a company to sell what is known a s â€Å"goodwill.† That is why the listed price of 2.5 million dollars was overstated by $11,694.52. We know that the bank would only allow you to borrow up to the appraised value, $2,488,305.48, unless you either pay 25% of the purchase in cash, or pledge to the bank a first priority lien on the vacant land as collateral. We also know that the latter option was not possible, so we will consider the former. We conclude that 25% of the purchase price of $4.3 million is $1,075,000. Because you were able to only provide $500,000 in cash for a down payment, you did not meet the requirements to borrow more than $2,488,305.48 from the bank, without pledging the vacant land. Hypothetically, if you had decided to borrow $2,488,305.48 from the bank, plus your $500,000 down payment, you would have had $2,988,305.48. This amount still would not have been enough to purchase the Hotel California property offered at $4.3 million dollars. Consequently, we conclude that without pledging the vacant land as collateral, there was no way you could have borrowed enough money to make the purchase. Even though the appraised value was not enough for you to borrow a sufficient amount of money from Bank of the West, we believe the appraised amount you were given was not accurate. There are two reasons why we believe Desert Mirage Accounting should not have relied on the income statement and footnote provided by Ms. Ramirez’s accountant. The first problem lies in the way the accountant prepared the income statement. Mr. Babak Gordon calculated gross profit by taking revenue minus cost of revenue. This method is only used for retailers and manufacturing companies, whereas Hotel California is a service company. The second problem is the verifiability of the financial statements and reliability of the accountant. To be credible, financial statements must follow generally accepted accounting principles (GAAP). A financial statement that follows GAAP must be accompanied by a signed opinion letter. The letter can be in the form of: 1) Compilation letter Finally, this letter must be signed by a certified public accountant (CPA). Because the income statement of Hotel California does not come with any signed opinion letter, we cannot verify its accuracy. Therefore, Desert Mirage Accounting should not have relied on that income statement and footnote information to make the evaluation. In our initial observation of your case, we assumed National Bank’s failure to remove its lien from your Lagoon Beach property caused you to forfeit your opportunity to purchase the Hotel California property. As illustrated by our calculations above, you could not have financed the acquisition of Hotel California without pledging your Lagoon Beach property as collateral. However, after conducting a thorough analysis of your case, we regret to inform you that you may not be able to prove damages stemming from National Bank’s failure to remove its lien from your property. Even though National Bank may have breached its duty to you, National Ba nk could argue that your contract with Ms. Ramirez is invalid or unenforceable. In the event that you do not have a valid or enforceable contract, you are not legally entitled to the Hotel California property or other legal remedies. In essence, regardless of whether National Bank’s negligence can be proved, a transaction between Ms. Ramirez and you might not have occurred if a binding contract did not exist. We will clarify and explain this finding in the next section. Offer and Acceptance Analysis From our analysis, coupled with case law from our case library, we have found that there was no contractual arrangement between you and Ms. Ramirez. In arriving at this finding, we took into account the facts surrounding your case. There are key elements that prevent the institution of a contract, for the purchase of real estate, between you and Ms. Ramirez. In reaching this finding, we referred to the case of Cayetano J. Apablasa v. Merritt & Company from our case library. In this case, the Court evaluated a plaintiff’s action for damages resulting from an alleged breach of contract. This plaintiff’s action for damages depended on whether there was an existing contract. The Court found that â€Å"no reasonable construction of evidence† admitted a binding contract between the parties; and that the correspondence that was provided to the Court amounted to â€Å"nothing more than an offer that was never accepted.† In essence, at the conclusion of the plaintiff’s case, the Court’s judge â€Å"entered a judgment decreeing that no contract was entered into, existing, or was ever executed.† Similar to your case, in Cayetano v. Merritt, the initial reply to the offeror’s offer by the offeree did not constitute an acceptance, contrary to what the offeree had thought. The offeree had included a â€Å"proviso† in his perceived acceptance letter to the offeror. In light of this, the Court found that terms proposed in an offer â€Å"must be met exactly, precisely and unequivocally for its acceptance to result in the formation of a binding contract.† This decision supplements our discussing regarding Green’s â€Å"mirror image rule† below. (See Regarding Mirror Image Rule.) Additionally, the Court stated that â€Å"[t]he addition of any condition†¦ is tantamount to a rejection of the original offer and the making of a counteroffer.† In essence, the Court’s decision can be summarized by the following: â€Å"[w]here a person offers to do a definite thing and another introduces a new term into the acceptance, his answer is a mere expression of willingness to negotiate or is a counter proposal, and in neither case is there a contract; if it is a new proposal and it is not accepted it amounts to nothing.† Regarding Green’s Statute of Frauds A key element that is missing in the proof of a contract is that your agreement with Ms. Ramirez was not in writing. The Green Civil Code requires that in order for a contract involving the sale of real property, to be valid, the agreement must be in writing and signed by the party to be charged or by the party’s agent. In your situation, Ms. Ramirez made her initial offer orally over the phone and you replied by a signed fax. There was never a written offer or contract signed by Ms. Ramirez. Therefore, a court of law would most likely find the contract between you and Ms. Ramirez as unenforceable. Even if the alleged contract did not have to be in writing and could be enforceable, there are other additional concerns we have: Regarding the Mirror Image Rule In a situation, such as the one you were in, a proper acceptance must meet the â€Å"mirror image rule.† This rule states that in order for an offeree to properly accept an offer, the offeree must accept the exact offer that was established by the offerer. When reviewing your case, we found that you had intent to accept Ms. Ramirez’s offer, but in your attempt to accept the offer, you added a different term to the agreement. In her offer, Ms. Ramirez required that â€Å"[t]he sale was to conclude following a 45-day escrow.† However, in your reply, you stated that you â€Å"would like to close escrow within 60 days.† A court of law would find that by changing the terms of Ms. Ramirez’s offer, you fail to meet the â€Å"mirror image rule,† and therefore terminated Ms. Ramirez’s initial offer and proposed a counteroffer. Documents you provided us detailing your correspondence with Ms. Ramirez indicate no communication on her part in accepting your counteroffer. Summary We must mention that had there been a contract between Ms. Ramirez and you, you may have been the subject of legal action by Ms. Ramirez. If we assume there was an actual contract between Ms. Ramirez and you with either the 45 day or 60 day escrow term, Ms. Ramirez could have pursued legal action and you could be liable for having breached your contract for your failure to deliver on your promise. You entered into the alleged contract with Ms. Ramirez on January 6, 2005. Regardless of whether there was an agreement for a 45 day escrow or a 60 day escrow term, you failed to secure financing in either time frame. Approximately 80 days after entering the alleged contract with Ms. Ramirez, on March 28, 2005, you contacted Ms. Ramirez to request an extension. The fact that you have no pending legal action brought by Ms. Ramirez may suggest that Ms. Ramirez did not view the arrangement with you as a binding contract. We reiterate that neither party had a binding, enforceable contract. CONCLUSION Ms. Warren, we regret to inform you that success with your legal action is unlikely. There is a high chance you will be unsuccessful, should you purse a legal action against National Bank on the grounds of the tort of negligence. National Bank failed to remove the lien on your Lagoon Beach property, violating the duty of due care owed to you, and disrupting your ability to secure financing for your entrepreneurial endeavor. However, the question of law of whether there was a valid, enforceable contract between you and Ms. Ramirez, is the decisive issue. As our analysis has indicated, a court of law will most likely try the issue of whether there was a binding contract. Thus without the binding contract between you and Ms. Ramirez involving her offer for the hotel (Hotel California), a judge or jury in a court of law cannot rely on how much you would have paid to make a compensatory damages determination. In other words, because your action for damages is predicated on a contract between you and Ms. Ramirez, your damages cannot be established and you incurred no loss of opportunity. Without the loss of this opportunity cost, you have not suffered any injury due in part to National Bank’s negligence. RECOMMENDATIONS Ms. Warren, as Associate Partner of Legal Eagles, LLP, I oversaw the analysis of my legal team and validated their conclusions and findings. In light of the findings of our analysis, I foremost recommend that you consider the following course of action: * Please, do not pursue further legal action against National Bank regarding this cause of action and issue. It is my opinion and the opinion of Legal Eagles, LLP, that pursuing further legal action regarding this issue, considering our evaluation of your case, will result only in additional expense on your part including legal and attorney fees and your time. You will also not receive the resolution that you would like making the process inherently dissatisfying and frustrating. With this in mind, there is another course of action I do recommend. Because you have already attempted to resolve your issue with National Bank regarding the lien on your Lagoon Beach, Green property, you are entitled to contact the regulatory agency of your former bank. All national banks within the state of Green are regulated by different agencies. If National Bank’s lien remains on your property, I recommend you pursue this alternate course of action: * Contact the appropriate state of Green regulatory agency of your financial institution (National Bank) and file a complaint. Your bank’s regulatory agency can help you with your concerns and complaints. There are many regulatory agencies in the state of Green’s banking industry. For your convenience, the appropriate regulatory agency of your former bank, and its details have been listed: According to the Federal Financial Institutions Examinations Council (for additional information visit www.ffiec.gov), National Bank’s regulator is the Office of the Comptroller of the Currency (for additional information please visit www.helpwithmybank.gov). You can visit and reach this regulatory agency online or by phone at (800) 613-6743. The Office of the Comptroller will assist you in getting answers and solutions to your questions and concerns. You can also file complaints against your bank, here. If you decide to proceed with filing a complaint, officials from the Office of the Comptroller will contact National Bank on your behalf regarding your issue for a response. You will then receive a let ter summarizing the results. Those who have sought our legal advice and even had similar experiences as you with National Bank as well have reported that intervention by a regulatory agency expedited the process and liens were eventually removed. We are confident that you have the tools to resolve this issue. ——————————————– [ 1 ]. The elements of the prima facie case of the tort of negligence are duty, breach of duty, actual and proximate cause, and injury. [ 2 ]. COMMERCIAL ESCROW COMPANY AND JAMES DE MIK, APPELLANTS, v. ROCKPORT REBEL, INC., APPELLEE. 778 S.W.2d 532; 1989 Tex. App. LEXIS 2263 [ 3 ]. CAYETANO J. APABLASA, Appellant, v. MERRITT & COMPANY (a Corporation) et al., Respondents. 176 Cal. App. 2d 719; 1 Cal. Rptr. 500; 1959 Cal. App. LEXIS 1542 Analysis and Consequences of Legal Action(S). (2016, Mar 24). We have essays on the following topics that may be of interest to you