Assigment 2 Essay Example | Topics and Well Written Essays - 1000 words - 2

Assigment 2 - Essay Example In regard to the first issue, a party is considered in breach of a contract when a party fails to perform its obligations under the said contract. In the problem, the contract provides that the barge will be delivered in safe working order for the purpose of sea-faring voyages (Clause 4) and that a condition of the agreement is that the barge will be available from 1st January 2006 until 31st December 2008 (Clause 8). Blue is guilty of breach of contract because the barge was only actually ready-to-load on the 3rd of January 2006 in violation of the owner’s promise (Clause 8) that the barge will be ready-to-load from the start of the charter, i.e. the 1st of January. Moreover, Blue is guilty of breach of contract because the barge had to be towed sometime January 2008 (when the contract is still effective) from Oslo to Liverpool due to serious engine failure in violation of Clause 4. Having failed to perform its obligations under the contract, Blue is therefore in breach of co ntract. In regard to the issue of whether Red may exercise the right both to terminate the contract and to claim compensation for past and future losses, the answer depends on whether the terms of the contract violated by Blue is a condition or a warranty. This is because not all contract terms are of equal significance. Some are more important than others. A condition is an essential term of the contract which goes to the root or the heart of the contract while a warranty, on the other hand, is a lesser, subsidiary term of the contract. The distinction between a condition and a warranty is vital in the event of a breach of contract. A breach of a condition enables the party who is not in breach of contract (â€Å"the innocent party†) either to terminate the performance of the contract and obtain damages for any loss suffered as a result the breach or to affirm the contract and recover damages for the breach. A breach of a warranty, on the other hand,

Student discussions week 7 Assignment Example | Topics and Well Written Essays - 750 words

Student discussions week 7 - Assignment Example Typically, in a larger company, most workstations are shared; in addition to this, many of those workstations are restarted between shifts, which in turn resolves many issues that may otherwise appear in regards to caching issues. ___________________________________________________________________ Response 2: Joshua Hi Joshua, It is my opinion that the answer you have provided is just the sort of thing this particular question was looking for. Windows 7 Performance Monitor may indeed track and monitor major bottlenecks or abnormalities on the system. This is something that is seen quite often on workstations in large organizations, especially ones that rely on the company network itself, like those that use VDI, as opposed to those that are setup as standalone stations that access company tools through the internet versus an intranet. Certain intranet programs, if not optimized, can become quite resource intensive, which can in turn lead to system bottlenecks and cause delays in work flow, resulting in decreased productivity. Through the use of Performance Monitor it is possible to make adjustments to the resources being used in order to decrease the likelihood of, or alleviate the issues caused by, a system bottleneck. ______________________________________________________________________ Response 3: Anna: Good afternoon Anna, User Account Control (UAC), may seem slightly convoluted at first, however, it is actually a quite handy little security feature. Just because the user account may have administrator privileges does not mean that the applications themselves have those same admin privileges; as such if an admin user wants to set that application to have admin rights, they must go in and do so manually, in the properties of the executable itself. Alternately, they can right click on the executable file, if they do not want it to have those admin rights at all times, and select the â€Å"Run as Administrator† option to allow the .exe those rights for that specific instance. If they do not do so, and the application attempts to run as an administrator, a popup box comes up which states that the application is attempting to run as an administrator, and requests the user to confirm whether or not they wish to allow or deny this change. If UAC is configured to ask each and every time, it can get quite annoying, but, it does not cause the computer to be placed at risk. _____________________________________________________________________ Response 4: Catherine: Hi Catherine, User Account Control (UAC) is an administrator’s dream in a company setting. The sad truth of the matter is that many people still do not have basic computer knowledge, and by allowing them to have more access than they need for everyday tasks can very quickly turn into a headache, whether because someone wanted to see â€Å"what that button does† or whether they managed to go through and remove registry files, grant applications access that they hav e no reason to have, and so on. If not setup, you are correct, it completely negates the reason for the feature being put in place in the first place; however, if used properly, it can be a wonderful little tool that saves