My Experience With The Hip Hop Culture - 1813 Words

PART ONE A When reflecting on my experiences and knowledge of popular culture, I arrived with a number of remarkable questions and concerns: Why do I care so much about the lives of celebrities? (Why do I ‘Keep Up With the Kardashians’?) Do I want to be like the celebrities I glorify? Is my desired profession for working in the film industry driven by popular culture eminence? How influential or ‘brainwashing’ has popular culture been a factor in my lifestyle? Is it a good or bad influence? Does popular culture have an effect on my self-esteem? Has popular culture prematurely exposed me to social vices? (Sex? Drugs? Violence?) Why do I identify with the hip-hop culture? What is the message that I am given when listening to hip hop music? What does my taste in music say about me? Am I defined by society due to popular culture stereotypes? Is my judgment or perception on beauty along with different races, gender, and sexualities skewed by popular culture standards and stereotypes? What benefit or significance do I receive from consuming popular culture news? Does popular culture offer me any more than just material to fill my time with frivolous talk and gossip? How much time am I consuming because of popular culture? Why do I feel ‘out the loop’ if I’m not immersed in the latest trends? How am I empowered of my knowledge about popular culture news? Do I get sense of shared identity, meaning and purpose through popular culture? Does popular culture sell me as aShow MoreRelatedLaurence Parker My Philosophy Analysis1332 Words   |  6 PagesHip-Hop: No More Stereotypes, No More Lies What would happen if a stranger was asked to name the most brilliant person they could think of? Maybe they would mention Aristotle, Stephen Hawking, or a brilliant Harvard professor. Although everyone has their own perspective, few people would name a hip hop artist as the prime example of a sophisticated thinker and educator. However, in the hip hop piece â€Å"My Philosophy†, author Laurence Parker (referred to as DJ KRS hereafter) presents himself in thisRead MoreHip Hop : A Negative Phenomenon1617 Words   |  7 Pagesthat the commercialization of hip is a negative phenomenon. Many hip hop fans seem to hold this opinion because they believe that the quality of music from today’s rappers has drastically decreased. However, the difficulty arises in determining whether the ‘commercialization’ of hip hop should be considered a positive or negative phenomenon. There are strong advocates for both of these judgements with convincing points to support their beliefs. The history of hip hop is important to understand inRead MoreHip Hop Culture Essay1326 Words   |  6 PagesHip-Hop culture is often confused with the Hip-Hop genre. Hip-Hop as a culture is more than just the music, it is a way of life. Hip-Hop music as a genre has changed from being Rap to including Pop. Hip-Hop is an evolving culture, constantly changing as the older generation fades and the newer generation carries on the legacy along with incorporating its new style. The new generation of Hip-Hop or rather Hip-Hop today focuses more on Partying, music, and Swag rather than the original elements: DeejayingRead MoreWhat is Hip Hop?1057 Words   |  5 Pagescontroversy regarding the derogative nature of Hip-hop, One cannot downplay the cultural influences that hip-hop has impressed on the world. Merriam-Webster defines hip-hop as the stylized rhythmic music that commonly accompanies rap (citation). Although the conventional definition of hip-hop is generally correct, it does not adequately portray the gravity of the movement. Coined by the urban youth, Hip-hop has forced its way to the pinnacle of mainstream America. Hip-hop’s massive influence on the EnglishRead MoreStudy Guide Hum 325 Essay1465 Words   |  6 Pagesthe definition of â€Å"rhetoric†? Hip hop culture is an extension of the African American Oral Tradition. According to Gwendolyn D. Pough, â€Å"bringing wreck† means: According to Gwendolyn D. Pough’s â€Å"I Bring Wreck,† the rhetorical strategy of â€Å"bringing wreck† is used by Black female MCs to: As discussed in lecture, Queen Latifah’s â€Å"U.N.I.T.Y.† is: Why does Gwendolyn D. Pough compare Common’s â€Å"I Used to Love H.E.R.† with Erykah Badu’s â€Å"(Hip Hop) Love of My Life†? In Patricia Hill Collins’Read MoreAnalysis Of The Book Hot Nigga Essay1590 Words   |  7 Pagesâ€Å"About a week ago!† my cousins screamed in unison with enthusiasm. I peeked over my current book, The Secret, and stared at them, partly puzzled, partly annoyed. â€Å"What’s that about?† I enquired after hearing the phrase for the fourth time that day. After finding amusement in my lack of awareness of the phrase and its origin, my cousins took pity on me and explained. They played the hip hop song â€Å"Hot Nigga,’ then proceeded to show me the weird dance move that accompanied it, called the â€Å"Shmoney DanceRead MoreSo Much Emotion from the Music of Hip-Hop703 Words   |  3 PagesRhetorical Analysis Hip-hop. How is it that uttering of two almost identical words can generate so much emotion, so much conversation, and so much controversy? People have been using music in a multitude of forms to document and share their experiences; in this respect hip-hop is no different. James McBride offers an intriguing proposal for our consideration: regardless of how we feel about hip-hop, it is here to stay because it has become a part of our global culture and represents a restless generationRead MoreThe New Black Of Music1280 Words   |  6 Pagesto the recent social media points about cultural appropriation of minority cultures by white artist in pop and hip-hop records. The fear for hip-hop and rap is what happened to past genres that have black roots like, country, rock, and soul music –, which are all now predominantly white. There are hip hop artist like Harlem native female rapper, Azaelia Banks, who believes that there is no place for white artist in hip hop. There are also music appreciators, like the Internet s Busiest Music NerdRead More Music Essay - America Needs Rap and Hip Hop1366 Words   |  6 PagesRap and Hip Hop Ever since it became popular in the late eighties, hip-hop music has been a target of moral disapproval. Many critics have labeled the music as an offensive, vulgar, misogynist form of expression, which negatively influences its listeners, particularly children. Early in rap musics development concerned citizens and various government officials held protests against the release of certain rap albums. Rap musics opponents demanded strict censorship. But hip-hop was increasinglyRead MoreBecoming Black : Rap And Hip Hop, Race, Gender, Identity, And Politics Of Esl Learning1632 Words   |  7 PagesPART ONE B While searching through the journal database, I came across an article entitled Becoming Black: Rap and Hip-Hop, Race, Gender, Identity, and the Politics of ESL Learning by Awad El Karim M. Ibrahim. The author addresses many dimensions relevant to my own inquiry, which lead to a series of questions asked about its methodology and problematizing ‘identity’ in the reading: â€Å"At the end of the 20th century, when identity formation is increasingly mediated by technological media, who learns

Kill A Mockingbird By Harper Lee - 1436 Words

This book is a story that revolves around a girl named Scout Finch. Scout has a brother named Jem, a father named Atticus, and a friend named Dill. The characters live during the 1930s in a town in the southern United States called Maycomb that is filled with drama, racism, and mean old women. In the story, â€Å"To Kill A Mockingbird† by Harper Lee, there is a girl named Scout who acts as the narrator of the story. The key events in the story are about either Scout’s childhood, or about Atticus’s job as a lawyer, who had to defend a black man named Tom Robinson against a white woman who claims that she was harassed by Tom. In the end, Boo Radley helps Jem and Scout after they are attacked by Bob Ewell. The three main characteristics in the†¦show more content†¦During this time, racism was very popular in the southern United States, especially in court. In a case with a black man vs. a white woman, it is almost guaranteed that the winner is white, despit e the evidence, or lack of, to support their claims. The truth is that every racial group has some people who are considered immoral. You know the truth, and the truth is: some Negroes lie, some Negroes are immoral, some Negro men are not to be trusted around women--black or white. But this is a truth that applies to the human race and to no particular race of men. There is not a person in this courtroom who has never told a lie, who has never done an immoral thing, and there is no man living who has never looked upon a woman without desire. (Lee 273) In this quote, Atticus tells the court the truth about everyone and the reason people who are racist are not open-minded. Atticus explains that the jury’s decision should not be affected by the color of the defendant’s skin. A white man could have done the same supposed crime that a black man also committed, but the jury would have made a different decision based solely on the fact that a black man was accused for a crime. Atticus also claims that a court is the best place to be open-minded. But there is one way in this country in which all men are created equal---there is one human institution that makes a pauper the equal of a Rockefeller,

Analysis of Database Management and Information Retrieval...

Differentiate between database management system and information retrieval system by focusing on their functionalities. Answer: What is database management system? Database Management System is a database program. The DBMS manage incoming data, organize it, and provided ways for the data to be modified or extract by users or other programs. This cause, most database software comes with an Open Database Connectivity (ODBC) driver that allows the database to integrate with other databases. For example, common SQL statements such as SELECT and INSERT are translated from a programs proprietary syntax into a syntax other databases can understand. Some DBMS examples include PostgreSQL, MySQL, SQL Server, Microsoft Access, Oracle, FileMaker, RDBMS, dBASE, Clipper, and FoxPro. It is a software system that uses a standard method of retrieving, and running queries on data. What is information retrieval system? Informational Retrieval System is the activity of obtaining information resources relevant to an information need from a collection of information resources. Web search engines are the most visible. Search can be based on metadata or on full-text (or other content-based) indexing. Automated information retrieval systems are used to reduce what has been called information overload. Many universities and public libraries use IR systems to provide access to books, journals and other documents. Differences between database management system and information retrieval system byShow MoreRelatedAnalysis of Database Management and Information Retrieval Systems1102 Words   |  5 Pages1. DIFFERENCES BETWEEN DATABASE MANAGEMENT SYSTEM AND INFORMATION RETRIEVAL SYSTEM DATABASE MANAGEMENT SYSTEM (DBMS) INFORMATION RETRIEVAL SYSTEM (IRS) DBMS offer advance Data Modelling Facility (DMF) including Data Definition Language and Data Manipulation Language for modelling and manipulating data. IRS do not offer an advance DMF. Usually data modelling in IRS is restricted to classification of objects. Data Definition Language of DBMS is the capability to define the data integrity constraintsRead MoreAnalysis of Database Management and Information Retrieval Systems1117 Words   |  5 PagesBETWEEN DATABASE MANAGEMENT SYSTEM AND INFORMATION RETRIEVAL SYSTEM BY FOCUSING ON THEIR FUNCTIONALITIES 2. HIGHLIGHT THE DIFFERENCES BETWEEN DATA AND INFORMATION 3. MAKE APPROPRIATE USE OF DIAGRAMS TO ILLUSTRATE THE UNDERLYING CONCEPTS/COMPONENTS OF DATABASE MANAGEMENT SYSTEM AND INFORMATION RETRIEVAL 4. DIFFERENTIATE BETWEEN STRUCTURED AND NON STRUCTURED DATA. GIVE EXAMPLES FOR EACH. 5. REFERENCES 6. APPENDICES â€Æ' 1. DIFFERENTIATE BETWEEN DATABASE MANAGEMENT SYSTEM AND INFORMATION RETRIEVAL SYSTEMRead MoreAnalysis of Database Management and Information Retrieval Systems992 Words   |  4 Pages1. Functions of a Database Management System Database Management System (DBMS) Information Retrieval System (IRS) †¢ Storage, Access And Provide DBMS provide services such as storage, access and update data in the database. †¢ Acquisition of the necessary and appropriate documents. †¢ Provide Free Catalog DBMS provides a catalog that contains information about the data and catalogs that can be accessed by users. †¢ Preparation and representation of the content of those in documents. †¢ Supports TransactionsRead MoreDatabase Management and Information Retrieval1367 Words   |  5 PagesDifferentiate between database management system and information retrieval system by focusing on their functionalities. Answer A database management system (DBMS) is the main software tools of the database management approach because it controls the creation, maintenance and use of the databases of an organization and its end users. Information retrieval is a system that to provide the relevant information based on the user needed. This process can be find through the passwords or keywords or queryRead MoreDatabase Management and Information Retrieval Systems766 Words   |  3 Pages1. Differentiate between database management system and information retrieval system by focusing on their functionalities. (up to one page) [30 % marks] Database Management System A Database management system (DBMS) main software that handles the storage, retrieval, and updating in a computer system. DBMS performs a few important functions that guarantee the integrity and consistency of the data in the database. The first function is security, which components that restrict accessRead MoreDatabase Mangement and Retrieval System1425 Words   |  6 PagesDifferentiate between database management system and information retrieval system by focusing on their functionalities. Database Management System (as known as DBMS) is a set of application that enable user to create, edit, update, store and retrieve data from database files. By using DBMS, data in a database can be added, deleted, changed, sorted and searched. DBMSs are usually used to manage employee information of a big company, customer information and stock information. By using the DBMS,Read MoreMultimedia Big Data Management Processing And Analysis1269 Words   |  6 PagesBIG DATA MANAGEMENT PROCESSING AND ANALYSIS After categorizing multimedia big data, the next important phase in the data management cycle is its processing and analysis. So far, the possible types, sources and perspectives of multimedia big data have been highlighted; but this is only the first of the necessary stages in big data management. Generally, the stages involved in big data processing and analysis include data acquisition, data extraction, data representation, modeling, analysis and interpretationRead MoreDigital Images Requires Improved Methods For Sorting, Browsing And Searching Through Ever Growing Image Database1474 Words   |  6 Pagesdigital images requires improved methods for sorting, browsing and searching through ever-growing image databases. CBIR systems are search engines for image databases, which index images according to their content. This paper presents the systematic review for CBIR systems specific to the feature extraction techniques and compares the performance and features along with limitations. Keywords: CBIR System, Image Feature Extraction, Similarity Measurement I. Introduction The advancement in computer technologiesRead MoreInformation Technology And The Business Model1517 Words   |  7 PagesEBay uses information technology to perform and operate its business model. EBay was very successful in using information technology in its business model as an online retailer. Information technology is a terminology where computers and telecommunication equipments are being used to store, retrieve, and transfer data. Being said, eBay, who operates an online auctioning and retailing industry, uses information technology to achieve its business goal in customer relationship management, communicationRead MoreDbms Function978 Words   |  4 Pages1. While users were updating the Premiere Products database, one of the transactions was interrupted. You need to explain to management what steps the DBMS will take to correct the database. Using the sample log in Figure 7-1 1, list and describe the updates that the DBMS will roll back if transaction 2 is interrupted at 8: 10. In transaction 2, the DBMS started it at 8:01, added an Orders table record at 8:02, and added an Order Line table record at8:05 and added an Order Line table record at 8:09

Buffet Approach of Valuing Stock - 2755 Words

The Buffett Approach to Valuing Stocks Focusing on return on capital may be the key to investment success. By Steven R. Ferraro, CFA, PhD 2009 Volume 12 Issue 3 Much has been written about famed U.S. investor and Berkshire Hathaway CEO Warren Buffett’s investment style and successes. Preeminent among these writings are the oft-cited Berkshire Hathaway shareholder letters, written by the â€Å"Oracle of Omaha† himself. These informative letters have been the basis for a multitude of books. But even with an abundance of available information on â€Å"how to invest like Warren Buffett,† it is apparent that something is lacking, how does Buffett determine an acceptable price for companies of interest? This article provides an example of the process†¦show more content†¦To get to that point, we will go through several steps that are explained in great detail in books by Buffett’s former daughter-in-law, Mary Buffett.[6][7] These steps are summarized below, with a few of my own adjustments to make the analysis more robust. We will use Eaton Corporation (ETN) as our sample firm because Buffett invested over $100 million in the diversified power management company in 2008. click image to view model Step 1, Gather the raw data and create the basic spreadsheet. In the accompanying valuation model, the historical accounting data for ETN are found in rows 11 through 19. Rows 11 through 16 contain the variables used by Mary Buffett in her Buffettology books. In columns N and O, the annual and cumulative growth rates for each variable are calculated. The remaining data are used as a sanity check. For example, if EPS growth exceeds that of the revenues and net income, it is likely that management is accelerating EPS growth by repurchasing shares. While ETN’s average annual EPS growth (11.03 percent) outpaces its revenue growth (8.87 percent), it does not exceed the growth rate of the net income (12.25 percent). This means that ETN has been issuing shares over the past 10 years, which is confirmed by noting the cumulative growth rate in shares outstanding (15.06 percent) in cell O14. Another relationship to keep an eye on is that between revenue growth and net income growth. For ETN, net income has outpaced revenue byShow MoreRelatedBerkshire Hathaway Phenomenon In the Context of Modern Finance Theory2608 Words   |  11 Pagespoint of view, (Roberg G, 2005) the only undesirable thing should be the possibility of harm. He emphasizes on conducting fundamental analysis to work out a company’s future profits, so as to determine the intrinsic value instead of monitoring the stock prices. This is because in the long term, the investment outcome is mainly harmed by misjudging the business value, including misjudging of inflation rate and interest rate etc. As such, risk is defined differently between Mr Buffett and ModernRead MoreValoracion de Empresas2438 Words   |  10 Pagesbusiness, using the same multiple? Referring back to equation (2), we see that the multiple (1 / (r-g) = 7) is appropriate only if the cash flows of firm B are expected to grow at the same rate as those of firm A. In general, the cash flow multiple approach is valid if (a) the cash flows grew at a constant rate g, and if (b) the cash flows of the â€Å"comparable† firm are proportional to the cash flows of the firm (or group of firms) whose multiple we are applying to the firm. These assumptions mightRead MoreStock Market and Class A Shares3069 Words   |  13 PagesEMPRESAS POLAR vs. BAVARIA, S.A ACQUISITION OF MINORITY BLOCKS OF BACKUS JOHNSTON’S VOTING STOCK A INTERNATIONAL CORPORATE GOVERNENCE CASE STUDY CASE SUBMITTED TO: PROFESSOR LOPEZ DE SILANES STUDENT DETAILS NAME COURSE MS FINANCE TRACK 17 JANUARI 2014 VINEETH VIJAYAN CORPORATE FINANCE BANKING ROLL NUMBER 13030 †¢ †¢ †¢ DO A DCF OF BACKUS. SPELL OUT YOUR ASSUMPTIONS ABOUT THE COMPANY, THE INDUSTRY AND PERU. IN ADDITION TO ASSUMPTIONS ABOUT THE GROWTH OF BEER DEMAND IN PERU, YOU WILLRead MoreBorland Software Corporation-goodwill and other intangible assets16413 Words   |  66 PagesRelevance Earnings Management Analysis Objectives Comparative Analysis Income Measurement Earnings Management Earnings Management Strategies Increasing Income Big Bath Income Smoothing Motivations for Earnings Management Contracting Incentives Stock Price Effects Other Incentives Mechanics of Earnings Management Income Shifting Classificatory Earnings Management Analysis Implications of Earnings Management Process of Accounting Analysis Evaluating Earnings Quality Steps in Evaluating EarningsRead More13027957 Words   |  32 Pages and complimentary newspaper. Executive business rooms also included a fax/copier machine, inkjet printer, VCR, two private phone lines with speakerphone, and a calculator. The top three Towers floors offered a complimentary Continental breakfast buffet every morning, hors d oeuvres every evening, exclusive registration and checkout, business services, a cocktail honor bar, and video phone. Morning and evening maid service and nightly turndown service were also provided on these floors. THE VISIONRead More13027943 Words   |  32 Pages and complimentary newspaper. Executive business rooms also included a fax/copier machine, inkjet printer, VCR, two private phone lines with speakerphone, and a calculator. The top three Towers floors offered a complimentary Continental breakfast buffet every morning, hors d oeuvres every evening, exclusive registration and checkout, business services, a cocktail honor bar, and video phone. Morning and evening maid service and nightly turndown service were also provided on these floors. THE VISIONRead MoreMaster Thesis Topic18078 Words   |  73 PagesShort Selling 58 Master Thesis topic 1: The Design of Lockup Contracts in IPO Firms in Europe A lockup contract is an agreement between initial shareholders and the underwriter that prohibits initial shareholders from selling any of their shares of stock for a specific period of time after the IPO. The existence of lockup agreements is to reduce the chance of issuers taking advantage of insider information, allowing more time for outside investors to resolve uncertainty in firm value without the adverseRead MoreManagement and Study Unit41775 Words   |  168 Pagesinventory management iv PREFACE THE MODULE Welcome to module 2 in Purchasing and Supply Management (PPSM026). This module will focus and elaborate on purchasing management in the organisation as part of a broader strategic supply management approach. Over the past few years, research has proven that purchasing management is most effective when it is not viewed as a purely tactical function of an organisation, but as a strategic asset utilised to impact on the bottom line of an organisation underRead MoreManagement and Study Unit41787 Words   |  168 Pagesand inventory management iv PREFACE THE MODULE Welcome to module 2 in Purchasing and Supply Management (PPSM026). This module will focus and elaborate on purchasing management in the organisation as part of a broader strategic supply management approach. Over the past few years, research has proven that purchasing management is most effective when it is not viewed as a purely tactical function of an organisation, but as a strategic asset utilised to impact on the bottom line of an organisation underRead MoreData, Analytics, and Competitive Advantage14733 Words   |  59 Pagesthe results can be disastrous. And these problems can get amplified if bad data is fed to automated systems. As an example, look at the series of man-made and computer-triggered events that brought about a billion-dollar collapse in United Airlines stock. In the wee hours one Sunday morning in September 2008, a single reader browsing back stories on the Orlando Sentinel’s Web site viewed a 2002 article on the bankruptcy of United Airlines (UAL went bankrupt in 2002, but emerged from bankruptcy four

Definition of Groupthink. Retrieved from free essay sample

I have always had a different idea of what groupthink really means, to me I thought of it as a bad idea from someone amongst a group of people that had not been voiced seemingly because the person having this thought lacks confidence or backing. More like trying to proof to your business partners that an idea of using an outdated tactic to target a young crowd is not the best idea In its own definition Wikipedia(2013) describes groupthink as a psychological phenomenon that occurs within a group of people, in which the desire for harmony or conformity in the group results in an incorrect or deviant decision- making outcome, whereas it can also be viewed as the practice of thinking or making decisions as a group in a way that discourages creativity or individual responsibility. All different versions of what it is but also giving a detailed well round idea and description. We will write a custom essay sample on Definition of Groupthink. Retrieved from or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page Good examples of groupthink situations as studied by Janis in the book â€Å"fiascoes† are such as the United States government failure to anticipate the Pearl Harbor attacks, the Bay of Pigs invasion, the escalation of Vietnam War, and the ill-fated hostage rescue in Iran (Janis,1972) Some recent past examples of groupthink would be in the hastened decision making of the Bush administration and Congress to pursue an invasion of Iraq based on a policy of â€Å"preemptive use of military force against terrorists and rogue nations.† It is definitely an undeniable fact that groupthink has been a large part of decision making in the United States government for a long time. As we speak, arguably the best current example of groupthink that the American government is facing is the Obama Care. This is so because some might see it as a majority of democrat leaders refusing to see or identify with different ideas that are outside theirs, thus leading to what psychologist consider as a mental deficiency commonly known as groupthink. â€Å"Groups affected by groupthink ignore alternatives and tend to take irrational actions that dehumanize other groups† (Janis, 1972). I found it rather interesting reading the article by the net advisor to bring out reasons as to why the Obama care was created under the influence of groupthink. The net advisor article reads â€Å"the patient protection and affordable care act or â€Å"Obama Care† was passed by majority of the then Democratic House. The house leadership under Nancy Pelosi (D-CA) refused to allow the US senate of any party to even consider debating, let alone voting on Obama care. The house by passed the entire U.S. senate by using a controversial self-executing rule or â€Å"deem and pass† procedure then quickly sent it to president Obama to sign†(Net advisor). This brings out the question, what if the Democratic Party had not made such an irrational decision to pass the Obama Care, would it have made any difference in the case of the government shutdown. Since the main reason that led to most of the republican members to oppose raising the debt ceiling that would have prevented the government from shutting down was primarily a disagreement in the Obama care. This is arguable in both sides since the republican party might also have made a groupthink decision to prevent the Obama care under any circumstances, leading to a government shutdown that has dented the government debt even more, ironically an issue that they (republican party) are trying to avoid with the Obama care. The united states is established in two well defined parties and many are the times that the conflicting views from each party, makes it harder to make any decisions or view the others opinion. Hopefully in the future the decisions from our leaders can be viewed in a more universal dimension, thus the administrators of our president can challenge each other to eliminate groupthink. References Janis, I (1972, Victims of groupthink (1st edition ed) retrieved from http:// leadership theory 3450.blogspot.com Obama care is an example of Groupthink gone wrong. Retrieved from http://netadvisor.org/2013/09/26. Definition of Groupthink. Retrieved from http://en.wikipedia.org/wiki/Groupthink

When Does a Contract Become Enforceable free essay sample

By: Miriam J. Baer, Deputy Legal Counsel Have you ever been involved in a real estate transaction in which you were not certain whether the parties had a binding contract? Perhaps the buyer and seller had reached an oral agreement when another buyer made an offer on the property. Maybe one of the parties got cold feet and wanted to back out of the deal even after signing the contract. To determine whether parties have an enforceable contract, you must be familiar with two basic concepts of contract law: the Statute of Frauds and the concept of acceptance. The Statute of Frauds Every state has a law known as the Statute of Frauds, which requires certain contracts to be in writing in order to be enforceable. Included in the North Carolina Statute of Frauds are certain long-term leases and all contracts for the sale of land or any interest in land. We will write a custom essay sample on When Does a Contract Become Enforceable? or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page To be enforceable, these leases and contracts must also be signed by the party to be charged; i. e. , the person against whom you want to enforce the contract. So, if one party has not signed a purchase contract, and has only orally agreed to its terms, he or she may not be held to the agreement. This means that if a buyer makes a written, signed offer to which a seller has only orally agreed, the agreement is not enforceable. If the seller receives a second offer, he is free to accept it. The Concept of Acceptance The second important concept in determining whether you have an enforceable contract is that of acceptance. Along with offer and consideration, acceptance is required in every contract between two or more parties in order for the contract to be legally valid. Generally, it is easy to determine when you have an offer in a real estate transaction. In North Carolina, a buyer usually makes the initial offer in writing, (often on the standard Offer to Purchase and Contract form), signs the offer and presents it to the seller or the sellers agent. Likewise, consideration something of value given to induce the other party to enter the contract is usually not an issue in real estate contracts. Typically, the buyer promises to give money or property to induce a seller to convey real property. This does not mean that earnest money is required to form an enforceable contract; the parties can form an enforceable contract without the buyer giving earnest money provided the other requirements are met. ) The remaining issue in real estate contracts, then, is the question of whether acceptance has occurred. Only when a contract has been properly accepted does it become enforce able. To achieve a valid acceptance, a contract for the sale of real estat( must meet two elements: signature and communication of acceptance. 1. Signature While a full signature is preferred, any mark will suffice including initials or even an Y (for instance, when one of the parties is unable to write) as long as it is made with the intent of the signer to be bound to the contract. There have even been cases in which a letterhead was considered a sufficient signature for a party. Similarly, the signature does not have to appear at the bottom of the document. Although it is preferable for the signature to be at the bottom, the contract will still be valid if the signature appears elsewhere. A party can therefore initial a contract at the side (as when rewriting a counteroffer) and be bound to the contract. 2. Communication of Acceptance Signature alone is not sufficient to constitute a valid acceptance: the accepting party must also communicate acceptance to the party who made the last offer or counteroffer. Assume, for example, that a buyer makes a written, signed offer which is delivered to the listing agent and then to the seller. The seller likes the offer exactly as written and signs it. Has a binding contract been created? No! The seller has not communicated acceptance back to the buyer. The contract will not be binding until the buyer (or the buyers agent) learns of the sellers acceptance. Unless the parties have agreed to a particular method of communication, communication of acceptance can be made in any manner that is convenient for the parties, and can even occur accidentally. Therefore, in a typical residential sales transaction, communication of acceptance can be made orally, e. . , by calling and advising the buyer of acceptance. This oral acceptance does not violate the Statute of Frauds because the contract itself has been written and signed. It is only the communication of acceptance that is oral. (Note that delivery of the contract document is not required to make a contract enforceable. The contract is formed at the time of communication. The real estate agent does, of course, have a duty to provide copies of the contract to the parties under the Real E state License Law. Because communication must be made to the other party in the transaction or to the other partys agent, it is important to know whether the real estate agents involved represent the buyer or the seller. a. Communicating acceptance of a buyers offer or counteroffer Suppose that a seller signs a buyers written offer and then tells the listing agent that he has accepted the offer. Is the sellers statement to the listing agent sufficient to create a binding contract? No. The seller has communicated acceptance only to his own agent, not to the buyer or to the buyers agent. So, the contract is not yet enforceable. Assume then that the listing agent tells the selling agent that the seller has signed and accepted the buyers offer. Has communication of acceptance been accomplished? The answer depends upon which party the selling agent represents. If the selling agent is a subagent of the seller, communication to the selling agent does not create a binding contract. However, if the selling agent is a buyers agent, communication to him is as good as communication to the buyer herself: the contract is enforceable once the buyer or the buyers agent learns that the seller has signed the buyers written, signed offer. b. Communicating acceptance of a sellers counteroffer Now suppose that the seller rejects the buyers offer but makes a written, signed counteroffer. To accept the sellers counteroffer, the buyer must do two things: (1) sign the counteroffer, and (2) communicate acceptance back to the seller or to the sellers agent. A signature, without communication, does not create a contract. Conversely, communication of acceptance, without a signature, does not create a contract. Remember that communication of the buyers acceptance must be made to the seller or to the sellers agent or subagent. If a buyer communicates acceptance to his own agent, i. e. , a buyers agent, no binding contract has been created. c. Oral negotiations Often after the buyer makes an initial written offer, all subsequent negotiations are communicated orally through the real estate agents involved in the transaction. This practice is acceptable, but may delay reaching a binding agreement. A gentlemens agreement is unenforceable; to be binding, the terms must be put in writing and signed by the parties. In a nutshell A contract for the sale of land is enforceable only if (1) it is in writing and signed; and (2) an offer has been made, is supported by consideration and is properly accepted. Acceptance requires not only the written signatures of the parties, but also communication of acceptance from the party accepting the last offer/counteroffer to the party (or partys agent) who made it