Read Business Scenario 23-4, “Implied Warranties,” located on page 437 of your course textbook. Explain whether Tandy can recover the purchase price, notwithstanding the warranty disclaimer in the contract. Your post should be at least 100 words in length.

Case:
23–4. Implied Warranties. Peter and Tanya Rothing operated Diamond R Stables near Belgrade, Montana, where they bred, trained, and sold horses. Arnold Kallestad owned a ranch in Gallatin County, Montana, where he grew hay and grain, and raised Red Angus cattle. For more than twenty years, Kallestad had sold between three hundred and one thousand tons of hay annually, sometimes advertising it for sale in the Bozeman Daily Chronicle. In 2001, the Rothings bought hay from Kallestad for $90 a ton. They received deliv- ery on April 23. In less than two weeks, at least nine of the Rothings’ horses exhibited symptoms of poisoning that was diagnosed as botulism. Before the outbreak was over, nine- teen animals had died. Robert Whitlock, associate professor of medicine and the director of the Botulism Laboratory at the University of Pennsylvania, concluded that Kallestad’s hay was the source. The Rothings filed a suit in a Montana state court against Kallestad, claiming, in part, breach of the implied warranty of merchantability. Kallestad asked the court to dismiss this claim on the ground that, if botulism had been present, it had been in no way foreseeable. Should the court grant this request? Why or why not? [Rothing v. Kallestad, 337 Mont. 193, 159 P.3d 222 (2007)] (See Implied Warranties.)

Each journal must be 500-750 words a piece and include a title of sorts to

clue me into what you are discussing. For the most part, I will be instructing

you for each of your journals, or giving you some direction. Each journal will

be collected and catalogued before I read them, so I know they are turned in

on time. For the final point score, you will receive some amount of points

out of five.

I will be looking for:



500-750 words minimum



thoughtful responses



meaningful questioning and reflection



a strong indication that you have considered the material that I have

directed you to

Please keep all five journals, so that you have it on hand in case we need to

check your points online! Usually your topics will concern either a piece we

read in class or a discussion we had in class.

This assignment is intended to keep the gates of writing ease open so that

you do not stall out so easily during your formal writing assignments. This is

a free space to invent, discover, and explore your own writing voice and

opinions. Feel free to do so! Sometimes academic writing, or rather our

preconceptions of academic writing, get in our own way, and the only way to

escape it is to feel free to write what we like without those constraints. I want

you to practice this as a tool for formal writing assignments (of course,

always remember who you are writing to; I want to hear what you have to say

within the bounds of polite and informed conversation).

Topic: “For this journal, I ‘d like to know how you are feeling and what you are thinking about reading poetry. Is your experience of poetry shifting? In what direction? Do you like it better than when we began, or less? Give me the details.”

**Only one story journal needed. Thank you.

Learning Activity #3

In his article, “What Leaders Really Do,” Kotter (2001) [] stated, ” Managers promote stability while leaders press for change, and only organizations that embrace both sides of the contradiction can thrive in turbulent times” (p. 3).

In the fact pattern below Juan Para must make a decision about hiring June Davies.  Keeping Kotter’s ideas in mind complete the following tasks:

• Define the leader’s and manager’s approach (mindset) to solving the dilemma.
• Determine Para’s solution if he used the leader’s perspective and then if he used the manager’s perspective.
• Do you see a difference? If so what differences? If not, why not? Could the outcome be the same and still benefit the company?

Protection Insurance Stays Alive

At 7:30 a.m., Juan Para hit the snooze alarm for the third time, but he knew he could never go back to sleep.  Rubbing his eyes and shaking off a headache, Para first checked his iPhone and read an urgent message from his boss, explaining that Jack Nixon, chief security analyst, had resigned last night and needed to be replaced immediately.  Frustrated, Para lumbered toward the shower, hoping it would energize him to face another day.  After last night’s management meeting, which had ended after midnight, he was reeling from the news that his employer, Protection Insurance, was spiraling toward a financial meltdown.

Para scratched his head and wondered, “How could one of the world’s largest insurance companies plummet from being the gold standard in the industry to one struggling for survival?”  At the end of 2007, Protection Insurance had $100 billion in annual revenues, 65 million customers, and 96,000 employees in 130 countries.  One year later and staggered by losses stemming from the credit crisis, Protection Insurance teetered on the brink of failure and was in need of emergency government assistance.  Protection Insurance had been a victim of the meltdown in the credit markets. The collapse of this respected financial institution sent shock waves throughout the world’s economy.

Within Protection Insurance’s Manhattan office, Para and his coworkers felt growing pressure to respond to this crisis quickly and ethically.  But morale was sagging and decision making was stalled.  New projects were on hold, revenues weren’t coming in fast enough, and job cuts were imminent.  Finger-pointing and resignations of key managers had become commonplace.  Strong leadership was needed to guide employees to stay the course. Para knew his first priority was to replace Jack Nixon. When leaving the meeting last night, his boss had told him, “It’s critical that we keep key managers in place as we weather this storm.  If we lose any managers, be sure you replace them with ones who can handle the stress and can make tough and even unpopular decisions.”

Working up a sweat as he rushed into his office, Para began sorting through the day’s priorities.  His first task would be to consider internal candidates to replace Nixon.  He pondered the characteristics required of a chief securities analyst and scribbled them on a notepad: experienced in security and regulatory issues; strong decision-making skills; high ethical standards; able to make job cuts; comfortable with slashing budgets; and respected for calm leadership.  Para immediately thought of June Davies, a senior analyst who had been vocal about her desire to move up and had recently shown steady leadership as the organization started to crumble.

Davies had worked her way up through the organization, becoming a respected expert in her field.  She had developed a strong team of loyal employees and made training and job development a priority. She was likable, sensitive to her employees, and a consensus builder.  While many managers within Protection Insurance had made questionable business decisions, June had held herself to a high ethical standard and created a culture of integrity.  Davies was focused on the future—a go-getter who knew how to get results.

With the future of the company at stake; however, Para wondered if Davies could handle the tough challenges ahead.  Although he valued her team-building skills, she could be soft when it came to holding employees accountable.  A large part of her motivation was to have people like her.  When she reported a shortfall in earnings in the last company meeting and came under fire, she became defensive and did not want to point fingers at employees who were to blame.  In fact, Para recalled another instance when Davies recoiled at the thought of firing an employee who had developed a pattern of poor attendance while caring for her sick husband.  She confessed a hesitation to confront poor performers and employees struggling to balance home and work life.

Para stirred his morning coffee and wondered aloud, “Is June Davies capable of balancing kindness and toughness during a crisis?  Can I count on her to be decisive and focused on top- and bottom-line results? Is she too much of a people pleaser?  Will it impact her ability to lead successfully?”

type a four to six page essay in which you identify the major themes within sociological scholarship that are related to your chosen topic. For each theme, provide at least three or four APA citations from sociological, scholarly sources. Overall, cite at least ten sociological, scholarly sources. Include a list of references in APA format.

Title

• Introduction
• Issue 1
  • Issue 1A
  • Issue 1B
  • Issue 1C
• Issue 2
  • Issue 2A
  • Issue 2B
  • Issue 2C
• Issue 3
  • Issue 3A
  • Issue 3B
  • Issue 3C
• Conclusion

EXAMPLES

[Note: there are no complete sentences. The outline is just a map of the essay. You should include the words “introduction” and “conclusion”, just like above. For the body of your outline, you should make it match your topic.]

Title

This is the introduction paragraph. Provide the simple, basic details about your topic. What is your topic? Explain the basics about your topic. Assume the audience is unfamiliar with your topic. You should also state each of the main points that you will make in the body sections. You should have three or four body sections that outline the various subtopics within your main topic.

Section 1

This is your first main theme. You should have a section heading for the theme. Instead of typing “Section 1”, type the name of your theme. Within this theme, you should discuss three or four sociological, scholarly sources that address some issues relevant to theme one. You should have multiple body paragraphs within each section. It might work well to have one paragraph per source. Make sure to provide an in-text citation for each source (Berger & Luckman, 1967).

Here is a second paragraph for your first theme. In this paragraph, you will discuss the findings of another source related to your first sub-theme. Again, make sure to include an in-text citation for this source. Remember, you can put your in-text citation in parentheses at the end of the sentence/paragraph. Or, you can incorporate your in-text citation into the sentence itself. For this paragraph, I’ll put the source at the end. In the next paragraph, I’ll put the source at the beginning (Durkheim, 1951).

Gubrium and Holstein (2009) discussed some issues which will make up the third paragraph for your first theme. Again, discuss the findings of this source. The quick brown fox jumps over the lazy dog. The quick brown fox jumps over the lazy dog. The quick brown fox jumps over the lazy dog. The quick brown fox jumps over the lazy dog. The quick brown fox jumps over the lazy dog. The quick brown fox jumps over the lazy dog. The quick brown fox jumps over the lazy dog. The quick brown fox jumps over the lazy dog. The quick brown fox jumps over the lazy dog.

Section 2

Brekhus (2003) discussed some issues related to the topic. The quick brown fox jumps over the lazy dog. The quick brown fox jumps over the lazy dog. The quick brown fox jumps over the lazy dog. The quick brown fox jumps over the lazy dog. The quick brown fox jumps over the lazy dog. The quick brown fox jumps over the lazy dog. The quick brown fox jumps over the lazy dog. The quick brown fox jumps over the lazy dog. The quick brown fox jumps over the lazy dog. The quick brown fox jumps over the lazy dog. The quick brown fox jumps over the lazy dog.

The quick brown fox jumps over the lazy dog. The quick brown fox jumps over the lazy dog. The quick brown fox jumps over the lazy dog. The quick brown fox jumps over the lazy dog. The quick brown fox jumps over the lazy dog. The quick brown fox jumps over the lazy dog. The quick brown fox jumps over the lazy dog. The quick brown fox jumps over the lazy dog. The quick brown fox jumps over the lazy dog. The quick brown fox jumps over the lazy dog. The quick brown fox jumps over the lazy dog (Brekhus, 1998).

The quick brown fox jumps over the lazy dog. The quick brown fox jumps over the lazy dog. The quick brown fox jumps over the lazy dog. The quick brown fox jumps over the lazy dog. The quick brown fox jumps over the lazy dog. The quick brown fox jumps over the lazy dog. The quick brown fox jumps over the lazy dog. The quick brown fox jumps over the lazy dog. The quick brown fox jumps over the lazy dog. The quick brown fox jumps over the lazy dog. The quick brown fox jumps over the lazy dog (Slater & Tiggemann, 2011).

The quick brown fox jumps over the lazy dog. The quick brown fox jumps over the lazy dog. The quick brown fox jumps over the lazy dog. The quick brown fox jumps over the lazy dog. The quick brown fox jumps over the lazy dog. The quick brown fox jumps over the lazy dog. The quick brown fox jumps over the lazy dog. The quick brown fox jumps over the lazy dog. The quick brown fox jumps over the lazy dog (Foucault, 1995).

Section 3

The quick brown fox jumps over the lazy dog. The quick brown fox jumps over the lazy dog. The quick brown fox jumps over the lazy dog. The quick brown fox jumps over the lazy dog. The quick brown fox jumps over the lazy dog. The quick brown fox jumps over the lazy dog. The quick brown fox jumps over the lazy dog. The quick brown fox jumps over the lazy dog. The quick brown fox jumps over the lazy dog (Sandage & Radosh, 1992).

Cotter, Hermsen, Ovadia, and Vanneman (2001), discussed some issues. The quick brown fox jumps over the lazy dog. The quick brown fox jumps over the lazy dog. The quick brown fox jumps over the lazy dog. The quick brown fox jumps over the lazy dog. The quick brown fox jumps over the lazy dog. The quick brown fox jumps over the lazy dog.

The quick brown fox jumps over the lazy dog. The quick brown fox jumps over the lazy dog. The quick brown fox jumps over the lazy dog. The quick brown fox jumps over the lazy dog. The quick brown fox jumps over the lazy dog. The quick brown fox jumps over the lazy dog. The quick brown fox jumps over the lazy dog. The quick brown fox jumps over the lazy dog. The quick brown fox jumps over the lazy dog (Anzaldúa, 1987).

Conclusion

In the conclusion, you restate the major parts of your essay. You don’t need to go into detail. Simply identify the overall messages. The quick brown fox jumps over the lazy dog. The quick brown fox jumps over the lazy dog. The quick brown fox jumps over the lazy dog. The quick brown fox jumps over the lazy dog.

References

Anzaldúa, G. 1987. Borderlands/La Frontera: The new mestiza. San Francisco, CA: Aunt Lute.

Berger, P. L., & Luckman, T. (1967). The social construction of reality: A treatise in the sociology of knowledge. Garden City, NY: Anchor Books.

Brekhus, W. H. (1998). A sociology of the unmarked: Redirecting our focus. Sociological Theory, 16(1), 34-51.

Brekhus, W. H. (2003). Peacocks, chameleons, centaurs: Gay suburbia and the grammar of social identity. Chicago: University of Chicago Press.

Cotter, D. A., Hermsen, J. M., Ovadia, S., & Vanneman, R. (2001). The glass ceiling effect. Social Forces, 80(2), 655-682.

Durkheim, E. (1951). Suicide: A study of sociology. New York: The Free Press.

Foucault, M. (1995). Discipline and punish: The birth of the prison. New York: Vintage Books.

Gubrium, J. F., & Holstein, J. A. (2009). Analyzing narrative reality. Thousands Oaks, CA: Sage.

Sandage, D., & Radosh, P. F. (1992). The women’s movement and the rebirth of feminism: Conflict and contradictions. Humanity and Society, 16(3), 277-296.

Slater, A., & Tiggemann, M. (2011). Gender differences in adolescent sport participation, teasing, self-objectification and body image concerns. Journal of Adolescence, 34(3), 455-463.