Restoration Experts – Contract – Scenario
When William Shelton’s carpet business was swept away due to a fire, he got a first-hand, crash course in restoring the building back to its original state. His friends and family couldn’t believe how beautiful it was once it was done, and through their encouragement, William got into the restoration business. His son, Lee Shelton, came alongside him, and at the age of 16, Lee learned everything from his father about clean up, including water and flood damage, fire damage, earthquake damage and the like. Lee soon took over his dad’s business, and his reputation proceeded him in the community of Davis, California.
Recently, Mr. Lee Shelton received a phone call from a woman in Washington requesting his services. She introduced herself as Mrs. Kim Hawkins. She told Mr. Shelton that she had recently been an unwitting victim of flooding in the basement of her home, as a levee on the Touchet River broke just outside of her small town. Her basement was actually a second living space that had been converted in 2012. She has friends and family in Davis California, and although it’s a distance, Mr. Shelton was highly praised and recommended to Mrs. Hawkins. (Since Mrs. Hawkins is well-to-do, and lives in a very expensive home, she considered their endorsement, and called Mr. Shelton.) In the conversation between Mr. Shelton and Mrs. Hawkins, they agreed upon the date of April 10th to start the work of restoration of the basement. Since it was a 12-hour drive from Davis to Waitsburg, it was discussed in the conversation that Mr. Shelton would drive up from his home on the evening of April 8th, and start work on April 10th to do the following:
• Remove damaged components: Any unsafe components that are not able to be restored are removed from the home.
• Removing flooring: To prevent the collection of soot, dust, and other harmful elements and remove any floor coverings that could promote an unhealthy or unsafe environment.
• Evaluating structural framing: Such as framing and subfloor material, and bring them up to safety standards.
• Treating for odor and contamination: with odor counteractants that ensure no microbial contamination is present.
• Removing or restoring the HVAC system: To ensure no harmful particles will spread throughout the air and cause future health problems.
Mr. Shelton discussed the above listing with Mrs. Hawkins in detail, and took down the measurements of the basement. Mrs. Hawkins also sent photos of the damage, and requested that Mr. Shelton purchase carpeting that would replace the damaged flooring. All of these particulars were discussed over the phone prior to the conversation ending.
Because flattery will get you everywhere, only a verbal agreement was struck between Mr. Shelton and Mrs. Kim Hawkins. On the evening of April 8th, Mr. Shelton pulled his truck out of his driveway with all his installation equipment, including the following materials he had purchased, as requested by Mrs. Hawkins:
600 sq. ft. basement (new) carpet @ $2,400.
3 Gallons of Odorcide 210 Concentrate, Fresh Scent @ 78.25 each plus tax (7.25) = $95.26
Other expenses would be purchased after he stated the job:
$4,758, while 500-600 sq. ft. spaces cost $6,912
HVAC system – Cost, Duct work &Installation – Estimation @ $4,000
On April 9th, the night before the appointment, Mrs. Hawkins called Mr. Shelton at 10:30 pm and cancelled the job. Mr. Shelton had already driven the 772 miles to Waitsburg, and had paid for his hotel for the week, which was non-refundable, given the time-frame of the reservation was past the grace period for cancellation. Mr. Young lost a total of $1,810 in day wages, travel/gas, food and hotel expenses, (to include the hotel and food expenses from April 8 & 9th), plus $2495.26 in material purchases, for a total of $4305.26.
Mr. Shelton now wants to take Mrs. Hawkins to small claims court, but is unsure as to which court he should make the claim, given that Mrs. Hawkins lives in Washington, and he is unsure of the jurisdiction laws. There are also other considerations as well that he is concerned about; and he is unsure as to what to do at this point.
1. Given the circumstances of this case, and based on your research below, which state should have jurisdiction over this verbal agreement, Washington or California? Explain your answer in detail.
2. Given that this was a verbal agreement between Mr. Shelton and Ms. Hawkins, what concrete evidence should Mr. Shelton bring with him to small claims court in order to establish and present his case, given there were verbal arrangements made for this service to be done?
3. Obviously, Mr. Shelton needs to develop a contract. List 5 terms of agreement that should be included in a written contract, and specifically why they need to be included in order to establish future client agreements. (For example, a Cancelation Clause) Use the research below.
4. Mr. Shelton has now filed a claim in small claims court asking for the reimbursement for money he spent in anticipation of a service that he was not able to perform due to the cancelation. As a judge in this case, at what time did the job commence? (Substantiate your reasoning.) Does Mrs. Hawkins owe Mr. Shelton the $4305.26 dollars lost in day wages, travel food and material expenses? What are your findings, based on the evidence presented by Mr. Shelton, to find in favor of the plaintiff or the defendant? Explain and back up your answer.
5. In conclusion, if you were approached by Mr. Shelton to help manage his future dealings, how would you specifically instruct him in working with clients, especially clients that are calling over the phone for his restoration service, requesting him to come out to their personal residence.
ntroduction Sexism is the kind of conduct made by a general public through sexual orientation molding which similarly corrupts the two people. “Sexism is the subordination of one sex, normally female, in light of the accepted predominance of [another] sex” (Kendall, 2004, p. 76). It alludes to an arrangement of convictions that typifies and brings down the status of one sex and that makes reason of separation based on this status. Precedents of this state of mind are sexist silliness, sexist naming, sexual viciousness and work separation. At individual level sexism alludes to practices and states of mind that are utilized in ordinary communications. Sexual orientation or sex job identified with the distinction among people that are society or culture started. SEXISM IN MEDIA In the few a years ago we have perused and watched ladies who are not hesitant to speak out about sexism assaults, oppressively expounded on , undermined with unfriendly activities and being send forceful and explicitly definite tweets, Facebook messages and messages. Relatively every ladies have been forced to bear such maltreatment and I figure each lady should go to bat for herself and be heard, composing this task can be only one little part to accomplish change, individuals ought to acknowledge how the media debases ladies or the effect it has on people and our general public. SEXISM IN MUSIC Mainstream culture takes everything to an extraordinary embellishment, including this sort of sexism, to acquire benefit. As the standard music industry that have become in the course of the most recent 10 years, most of the melodies that are being played on the radio and channels are not fitting, even the improper words is supplanted with something mushy and age-suitable ,it doesn’t help or change the message covered up in this tunes. In the article composed by Tricia Ross “There are Bitches and Hoes,” she is tending to that rap/hip-bounce and urban culture has frequently advanced the disparaging of ladies in the music business. Prevalent old hip jump specialists like Too Short, Dr. Dre, 50 Cent, and Snoop Dogg are among the couple of hip bounce craftsmen that are permitting the debasing of ladies. Snoop’s well known verses “Bitches ain’t poop, yet scrapers and traps,” and Too Short’s tune “Gangstas and Strippers” are so improper for being discharged on the music business. The hip jump culture promotes the possibility that being a pimp to a lady is totally fine. Their safeguard being that “they are discussing a reality of life and set out individuals to deny it” (Rose 322). Prominent craftsman like Snoop endeavors to legitimize his melody by saying he isn’t talking in regards to every one of the ladies despite the fact that despite the fact that they don’t indicate the kind of ladies they sing or rap about. “There is no doubt that the sexism that is in our hip-jump recordings is an impression of how sexist men are on the planet today. It’s only that in the past things weren’t so self-evident” (Russell Simmons, prime supporter of Def. Stick Records). Since its introduction to the world in 1974 till the present notoriety around the world, hip-jump music has amazingly changed. These days in the hip-jump music and music recordings, there is numerous express words that corrupts ladies. In numerous music recordings ladies have no distinction and are advanced as sexual toys and gorgeous sight. Craftsmen, for example, Eminem, Ludacris, R.Kelly, Lil Wayne, Robin Thicke and Chris Brown are among the numerous craftsman who depict ladies as objects of provocation or male controlled world by imparting that accommodation is an attractive activity by lady. A large portion of the messages in their melody commend sexism against ladies including assault, misuse and publicize sexual orientation typification and dehumanizes ladies for the most part. Robin Thicke and Pharell Williams’ mainstream tune in 2013 “obscured lines” made a discussion with the verses, for example, I know you need it, But you’re a decent young lady ,The manner in which you get me, Must wanna get dreadful” ,well you can’t know they need it except if they reveal to you they need it, he expect she need it. It publicizes and advances state of mind towards sex and assent. Numerous individuals have considered the tune an assault melody, the tune would have gotten away reproach if the music video, that had Robin Thicke, Pharell Williams and T.I every one of them three moving and messing about with scarcely dressed young ladies and that is the spotless form, the other rendition had topless models, this has created its very own different yet in addition covering contention. Individuals who have been calling this tune totally hostile to ladies have a solid case. All things considered, the melody is tied in with setting a decent young lady free by telling and demonstrating her that she truly needs some insane sex that she isn’t notwithstanding requesting. Robin Thicke continues rehashing the verses “I know you need it” while his rapping accomplice T.I. raps “I’ll give you something sufficiently important to tear your butt in two.” In GQ magazine when Robin Thicke was talked with, he stated, “We endeavored to do everything that was forbidden. Brutishness, sedate infusions, and everything that is totally slanderous towards ladies. Since every one of the three of us are joyfully hitched with kids, we resembled, ‘We’re the ideal folks to ridicule this. What underlies Robin Thicke’s discouraging proclamation this that if the men regard their ladies, it is okay for them to debase their ladies. The craftsman makes it unfortunately clear when he clarifies: “Individuals say, ‘Hello, do you think this is corrupting to ladies?’ I’m similar to, ‘obviously it is. What a delight it is to corrupt a lady. I’ve never gotten the chance. I’ve constantly regarded ladies, not exclusively is he saying it absolutely fine to debase ladies, it’s really fun. All issues on the planet exist inside these lines. The possibility that it’s a “delight” to disparage ladies after he had carried on with for his entire life regarding them is absurd. That it’s even amusing or that he could do that since he is cheerfully hitched with lady and has youngsters is the possibility of somebody totally beguiled, who has been carrying on with his entire life in a rise of privilege. Kanye West’s most recent collection has been blamed for its sexist words against ladies, it additionally has been reprimanded by male and female pundits alike as an exceptionally stunning, splendid and intense collection. The majority of the consideration and surveys concentrated on Kanye West’s potential heresy and hurtful utilization of prejudice, few individuals got out his hostile and debasing demeanor towards ladies. “Took her to the ‘Bleau, she attempted to taste the wellspring/That when David Grutman showed her out/But I recovered her in and put my dick in her mouth.” Those are a few verses from Kanye West’s first track, “On Sight,” which appears to allude straightforwardly to West’s better half and mother of his infant young lady Kim Kardashian and her association with Grutman, who is one of the general population accountable for Fontainebleau lodging in Miami, which would implies he composed this sickening verses about the ladies he purportedly adores and going to wed. West himself was raised by a solitary working mother, whom he regarded and cherished. He was raised by a women’s activist, in spite of the fact that she was never named that however She was a solid willed lady who had raised a craftsman who the two cases to totally enlivened and totally, deliberately sexist. The most intriguing reality about hip-bounce craftsmen utilizing this dialect towards ladies to be okay is the ladies’ responses and conduct while tuning in to this music .When a young lady, an enthusiast of the specific craftsman, tunes in to verses in the tune like “bitches and diggers,” the hip jump performer is urging fans to mirror the practices and demonstrations of these supposed “bitches and tools.” Women take an interest not just in the demonstrations these rappers are rapping about yet additionally are included in the music recordings. These ladies who take an interest in this recordings are designated “video diggers” or “video lady. At the point when a ladies partakes in this practices or gazing in these rapper’s recordings and notwithstanding chiming in their auto brings up that they approve of sexism. Being against sexism in a general public or culture that exploits it isn’t simple, in a framework that prizes us for taking an interest. In another parts of the world, a gathering comprising of all young lady Indian musical gang have been disbanded in the wake of being focused on online by loathe crusades and have been issued fatwa (Islamic legitimate feeling passed on by an Islamic religious pioneer) against them . Pragaash (signifying “First Light” in Kashmiri) have won the third place in the skirmish of the groups an opposition that is being held in the Muslim commanded Kashmir, however the consideration they increased after their accomplishment in the opposition was horrible to the point that it caused them not to just stop their exhibitions but rather to end their connections to the music business, even one of three band individuals have fled her city to another.>