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Locarno Treaty means peace for all At Locarno in Switzerland there was another treaty to be signed. Great Britain, France, Germany, Italy, Belgium, Poland, and Czechoslovakia were there to uphold this peace treaty. The three countries that backed the treaty up greatly were Germany, Great Britain and France. The main members of the treaty of Locarno are Austin Chamberlain (Great Britain) Aristide Briand (France) and Gustav Stresemann (Germany). Aristide is a successful member of the LoN helping in many cases. It has also been stated that he is a man that understands everything, but knows nothing. He has done many good things for France and is man of the modern world. Austin Chamberlain played an important part in framing the 1925 Locarno pact, an attempt to stabilize the capitalist powers in Europe. Known to enjoy family holidays with Mussolini the leader of Italy, together it states that he and Mussolini will uphold the peace in Europe. Gustav Stresemann is a very well known man in Germany and outside. This man has he lped Germany back on its feet he has accepted the fact that Germany was wrong but is a man he doesn’t stay in the past. The treaty’s central aspect of the treaties was that Germany would not choose combat as a means of resolving differences with France or Belgium. Instead, they would use diplomatic measures in order to sort out their problems. In addition, the other countries would come without delay to the aid of the attacked country should this agreement ever be broken. The treaties would assure that the frontiers between Germany and France and between Germany and Belgium be kept. France’s safety was only modestly improved, however, because the other countries in the agreement would only come to its aid if the act committed against it was considered severe. Moreover, the agreement did not restrict the Eastern border. The treaty is important because it brings a conclusion that Germany is accepting these obligations and that is the most important thing at the mo ment. The treaties gave way to a sense of global goodwill, known as the â€Å"spirit of Locarno†. They also helped straighten the way for Germany’s admission into the League of Nations the next year. Finally, Germany was being treated as a friendly nation by its enemies. Soon after joining the League however, the â€Å"spirit of Locarno† ran into strong opposition in Germany and France and eventually dissolved completely.

Bridge On The River Kwai Essay

For example: a characters intention, sequence of events, etc? A part in the movie which was confusing was when Nicholson decided to assist the Japanese in building the bridge. He becomes so obsessed in building the bridge (which he regarded as a symbol of British efficiency and resourcefulness, which will be remembered for times to come) that he fails to identify that he is collaborating with the Japanese even when he was informed by his own medical officer. He becomes so blinded by this that he, a man of principles and one who follows rules mentioned in the Geneva Convention is willing to make his officers work for the timely completion of the bridge. Saito tells Nicholson that it will not be necessary to bring the copy of the Geneva Convention and walks away making the silence/no-response response speak for him. Due to the indirect form of communication it is hard to follow if Saito means that Nicholson should not bring the book because he has previously read it and now that it has been brought to his attention he will not make the British officers do manual abour or that he has read the book but will still make the British officers do manual labour. Making silence speak instead of words and the indirect form of communication gives the essence of a reactive culture. Another part of the movie which was hard to understand was when Nicholson fell on the detonator at the end of the film. It is unclear if Nicholson had an intention to destroy the bridge or if it was a mere accident. His last lines â€Å"what have I done† do clarify his intent but due to the fact that he falls on the plunger there was no ample clarification for the same. There is a possibility that due to his love for the bridge uilt by the British soldiers he had Just proceeded towards the plunger to disconnect it, however, dies while doing so and hence falls on it instead. 0 What was the best thing about the movie? What was the worst? The best part about the film was the way Nicholson stood by his principles and persuaded Saito to not make his officers do manual labour and hence go by the rules mentioned in the Geneva Convention. The astonishing part about this was that this was taking place in a POW camp where the bargaining power was higher with Saito than Nichonson. Nicholsons’s leadership abilities made his officers not give in to Saito and start anual work, and hence continued to be punished in the oven. His leadership abilities are portrayed well when the British medical officer comes to meet him at the oven, Nicholson was more concern about his officers than about himself even after he was deprived of food and water for numerous days. His pride and patriotic qualities tacilitate him to stand by his word against Saito even atter physical and emotional harm is being inflicted on him during the period of negotiation. On the other hand I feel that 2 Saito underestimated his BATNA (Best alternative to a negotiated agreement). I feel hat during the time of positional bargaining with Nicholson, ultimately carving under pressure and letting him out of the oven, Saito should have used his own soldiers for the bridge (till such time Nicholson was persuaded to make his men work) and created more discipline and collaboration among the workers for the timely completion of the bridge. I feel that there was little room for principled negotiation as Nicholson was not willing to do so. The worse part of the movie was the collapse of the bridge in the end. A bridge which was the cause of various negotiations between Saito and Nicholson, in the process esulted in numerous threats, blackmail and infliction of physical and emotional harm from Saito to Nicholson and consequentially got Nicholson himself killed. By the collapse of the bridge all that seemed to be a waste. 0 What did you find to be the most interesting or surprising element of the film? Why? The most surprising element of the film is the fact when Nicholson decides to take over the responsibility to construct the bridge after having won the negotiation against Saito and having no obligation towards doing so. He becomes so obsessed in building the bridge (which he regarded as a symbol of British efficiency and resourcefulness, which will be remembered for times to come) that he fails to identify that he is collaborating with the Japanese even when he was informed by his own medical officer. He defends himself in front of the officer by saying that he is getting the bridge made efficiently as he wants people who use to bridge in the future to remember how it was built and who built it. He also adds that by working on the bridge together his men will feel like British soldiers rather than Japanese prisoners. The bridge was Nicholson’s trophy and was not an instrument to keep the British soldiers together. He becomes so blinded by this that he, a man of principles and one who follows rules mentioned in the Geneva Convention is willing to make his officers work for the timely completion of the bridge. He forgot about the war and his loyalties and started to aid in the improvement of the bridge rather than working in accordance with the instructions provided by the Japanese. It was this perceived duty that lead to his downfall ultimately. This was due to the fact that if he was not that keen of building a good bridge, he would not have reacted the way he did once he identified the explosives and could have prevented the unnecessary loss f lives towards the end including his own. 3 0 What is the movie trying to tell viewers? The movie glorifies the western civilization, especially that of the British. On the other hand it portrays the east Oapanese) to be weak and still learning. 0 How does it go about conveying this message? In the beginning Saito and Nicholson did not get along well. Nicholson insisted that his officers were not to do manual labour as per the rules stated in the Geneva Convention, however, Saito was more bothered about getting the bridge ready on time. When the numerous attempts Saito made to persuade the stubborn Nicholson ailed he tried a friendly approach by offering the starved Nicholson with Beef corn and Whiskey and by telling him that the senior officers including him do not have to manual labour. Saito had to ultimately carve and wilt towards the strong armed Nicholson even though Nicholson was in his POW camp. This was done using the anniversary of Japan’s victory in the Russo-Japanese war in order to save face. The concept of saving face is due to the impact of collectivism. This concept of saving face suggests that Saito is from a country with a high long term orientation index (L TO) culture. Not only this, once Nicholson took up the responsibility of the bridge and implemented British designs, oversight and ingenuity to it, he ended up making a more technically sound and competent bridge than the Japanese could have otherwise built. What cultural issues do you see? How are these portrayed? o Individualist, Power distance and hierarchy, Communication styles, role of gender, etc? In the initial part of the movie the American soldier bribes the Japanese captain to assist him in getting hospitalized. The Japanese soldier does not use the word ‘No’. He indirectly tries to xpress his reluctance to hospitalize the American. When the American insists using the usual America n loud and verbose attitude, the solder uses silence for the same and walks away after moving his head from side to side. This indirect and non-verbal form of communication indicates that the Japanese is from a collectivist, low IDV and a high context culture. The American soldier wanted to be hospitalized as he was self-centered. This along with the fact that he ran away shows that he was individualistic and did not care about anyone else. It can therefore be perceived that e has a high internal locus of control, signifying that he is in charge of his own life and that what happens to him is a result of his own actions and hence indicates that he is from a high IDV and a low context culture. 4 A more participative hierarchy is portrayed by the British soldiers. This can be seen when the British officers and their Colonel meet and have a debate on the topic of escape from the camp. One of the officers directly disagreed with Nicholson when he advised the officers not to escape from the camp. The officer argued that staying in the camp is a sure way of getting killed. This shows the impact of an individualistic ulture as in a collectivist culture disagreement is usually done indirectly or very discreetly. The British (westerners) usually like to near the word ‘No’ in order tor the meaning to be conveyed effectively; they do not understand indirect negative responses. This kind of participative nature and direct denial from an officer to the colonel’s advice signifies a low power distance index (PDI) as power seems to be shared and well dispersed. This direct approach can also be seen in Nicholson when Saito tells him at the beginning of the movie that he will order his officers to work and he directly replies saying ‘No’. The local woman are looking up to the men and taking care of them in the scene where the American is returning the POW camp to destroy the bridge. It seems as if the women expect the men to be tough, assertive and be the provider. This shows that the local community is a high Masculinity index (MAS) culture. Hierarchy has been shown in many instances during the film. As far as the Japanese were concern, the Japanese soldier taking his cap off and bowing (In Japan there are rules for the Japanese equivalent of the Western handshake for who to bow, how much they should bow and hence are difficult to master) to Saito at the beginning of he film, bringing him a platform to stand on as he was short and so that people look up to him and salute him, were some instances showing hierarchy amongst the Japanese. Also the man responsible for fanning the Saito does not speak due to respect and even if it is raining the soldier still stands outside the premises as they are lower down in the hierarchy. 0 Did you like the film? Why or why not? Yes, I liked the film. The film did not have a right or wrong due to which it follows a unique and realistic approach based on individuals. Like more war films it is neither for nor against the war. By the end of the movie the viewer is less interested in the fact that who wins the war than about how the individuals will behave. 0 What adjective would you use to describe your reaction to the film? Why did you react this way? As rightly described by Clipton at the end of the film, the adjective that can be used to describe my reaction of the film is madness. Every individual in the film is inclined towards their own duty, order and chaos that they lose what really matters and what is most important. Emotions and orders have taken over the right or sane thing to do. The characters have hence led the situation to go out of hand. 0 In what ways can you identify with the movie, its characters and its message? The movie is more about the events surrounding the war rather than the battles and the fighting. These events have turned mortality, Judgment and sound thought around and have eventually lead to madness. There are various examples of this so called madness in the movie; the madness of Nicholson who says that working with the enemy is not going against one’s country, the madness ot the American who accepts to return to a camp on a suicide mission where he escaped, nearly getting killed and he madness of a struggle the obliged men to make harsh decisions. Based on your knowledge of negotiations what do you think was going on? o What kind of dirty tricks were being used? Give 3 examples. Initially Saito used a forceful approach in negotiating with the Nicholson. Saito caused emotional (By cutting food supply and taking people from the hospital to work) and physical (When Saito slapped Nicholson and put him in the oven) means in order to persuade the soldiers to commence work on t he bridge. Saito underestimated his BATNA (Best alternative to a negotiated agreement). I feel that during the time of positional bargaining with Nicholson, ultimately carving under pressure and letting them out of the oven, Saito should have used his own soldiers for the bridge (Till such time Nicholson was persuaded to make his men work) and created discipline and collaboration among the workers for the timely completion of the bridge. I feel that there was little room for principled negotiation as Nicholson was not willing to do so. One of the dirty tricks used by Saito was that of threat’ when he warned Nicholson that if he does not order his troops to start work on the bridge he will be shot. Another dirty trick used by Saito in the initial part of the movie was that of ‘Chinese water torture’, signifying that he kept repeating his demands without bothering much about what Nicholson has to say. 6 The third dirty trick in the movie was when Saito asked the British soldier to meet with Nicholson for 5 minutes and tell him that if he doesn’t order his officers to start work he will make the people in the hospital work. This was a ‘bluff on Saito’s part, even after hearing this Nicholson never changed his decision and the soldiers at the hospital were never made to work. What values are portrayed? Independence, cooperation, hierarchy, power, etc? The values that are portrayed in the movie are Independence, hierarchy, bravery, power, pride, patriotism, collaboration, leadership and commitment to duty. 0 How were these values portrayed? o Give examples of the type of behaviour that you base your answer upon Independence was shown when the Americ an played on his life in order to escape from the Japanese camp in order to be free. Hierarchy can be seen by the Japanese soldiers to Saito when they remove their cap and bow to him, when they get him a raised platform during the time of his speech, y the guard to Saito’s house has to stand outside even though it is raining and by the man responsible for fanning not speaking in the entire movie. These major differences in hierarchy and the soldiers accepting an unequal distribution of power indicates a high power distance index (PDI). Bravery has been shown by Nicholson when he did not give in even though Saito threaten ed him witn a gun hidden in the truck. Collaboration was shown by the soldiers once the bridge was the responsibility of Nicholson. This was not present when Saito is in charge of the bridge as stated by he British engineer when he was questioned by Nicholson what he would have done differently if this was his bridge. Because of the task-oriented approach of Nicholson and he planning ahead step by step which can be seen when he says this is the end of the agenda while meeting with Saito for discussion of the proposal for the new bridge, the soldiers were able to effectively collaborate. This suggests that Nicholson is from a linear Active Culture. Pride and patriotism can be seen when the British officers were marching in group and whistling. 7 Leadership was portrayed by Nicholson when the British soldier brought him food in he oven. Nicholson had not seen sun light for days, was weak and deprived of food and water but even then he was more concern about his officers than about himself. Commitment to duty was shown by Nicholson when he took over the responsibility of the bridge. He made the best and most efficient bridge possible, forgetting about the war and his loyalties. 0 Was there anything about the movie (sights, sounds, smells, colors, background scenes) that told you something about the culture that you were dealing with? What did you learn? The type of culture seemed to be a collectivist one. This can be seen rom the behavior of the society when the American escapes and reaches a village. 0 What does the movie tell you about the culture of the producers of the film? What about the film gives you this indication? The movie portrays glorification of western civilization in terms of perseverance and inventiveness, specifically the British. This indicates that the producer is from the British culture. Nicholson was able to circumvent Japanese commands due to his Engineers having the ability to construct a more technically sound bridge than the Japanese Engineers. 0 How do you think other audiences would react to this film? Why? I feel that other audience would feel that the film is more about the events surrounding the war rather than the battles and the fighting. These events have turned mortality, judgment and sound thought around and have eventually lead to madness. There are various examples of this so called madness in the movie; the madness of Nicholson who says that working with the enemy is not going against one’s country, the madness ot the American who accepts to return to a camp where ne escaped, nearly getting killed and the madness of a struggle the obliged men to make harsh decisions.

Religion Conclusion Essay

In conclusion, after reading and observing all major religions of the world Oudaism, Christianity and Islam) are different in their concept of worshipping, fasting, festivals and tradition. I found one significant thing in all major religions that they believed in one God and accepts of God existence. No matter whom we are and belongs which religion but at end of the day we all standup on a single platform of one God. In Judaism, worship is only for God and God is everlasting with no concept of death and born. This is the same belief in Islam that Allah is eternal with no wife, and son, and nor son of others. In Christianity, God is one but in three different divine substance of Trinity. Jesus of Nazareth teaches that to perform the Lord’s Prayer by sacrificing our self toward God love and for all people. Jesus said that â€Å"Humble men are very fortunate! For the Kingdom of Heaven is given to them†. This part concludes that Jesus preached that serve our life for God and humanity for forgiveness their sins and offering a precious gift kingdom of a heaven. The Gospel of Matthew, page no: 82 – 20- 178). I also found similar names of prophet in major religions. Similar names but different in pronunciation. As Jesus in Christianity and Isa in Islam, Moses in Judaism and Musa in Islam, Jacob in Judaism and Yaqub in Islam. At last all the major religion prophets came into this world with a similar message and mission of one God worshiped and transfer God commands towards followers for their better success in both worlds. All prophets gave instructions for doing good deed to reach heaven and strictly restrict not to perform sin. Furthermore, all major religions festivals give the message of happiness in our life by obeying God commands in certain manners. I also observed that all religious festivals make you closer towards God and make you strong in belief of your religion. Being a follower ofa religion will make you a unique person in the society and not only make you a person but more over make you a better human. I believed that a true religion is that who gave a message of oneness, equality, peace and humanity. The best religion which makes you a better human than a religious person. The upreme religion which teach you to serve our life for human welfare, help and support them without any discrimination. The great religion which guide you to walk on straight path of deed and revoke you from doing sin, the perfect religion which tells you to feel others pain and more respectful and humble to your parents in a lovely manner. Moreover, the best religion which command you to help poor people and orphans by providing necessary facilities of daily life. The most interesting, important and valuable things that I learned from all major religions that offerings rayers regularly which give you peace of mind. Remembering God in our life will make our heart and soul pure of divine light, getting guidance through teachings of your health. Good character and thinking about equality in every aspect of life where the color and race does not matter in your life. The guidance by the word of God (Quran, Torah and Bible) and the teachings of prophet will lead us to live life in this world with great comfort and the best religion to follow and achieve success everywhere. The most valuable things in Islam are the respect for Women, family and chieving good behavior and character. I feel blessed following this religion and I am blessed to born and die in the same religion because the meaning of Islam is peace and the biggest earning in life to earn peace in life, which I got it from birth and I will die in peace following the same religion. In last words, all religion teaches us about to truthful talk and helps others without any unfairness. This will make a better society and all religions preach that to develop the world with humankind and moral education.

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

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