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contract = offer and acceptance + consideration consideration = mutuality of obligation + reciprocal inducement 4 types of enforceable contracts: 1. promise plus consideration (mutuality of obligation, reciprocal inducement) 2. promise plus antecedent benefit (moral obligation) 3. promise plus unbargained-for reliance (promissory estoppel) 4. promise plus form (statute of frauds) Restatement 2nd of Contracts published 1981 ◊ summarization of common law, courts not obligated to follow ◊ restate law as it is, not as should be Uniform Commercial Code (UCC) 1952 ◊ statute with wide range of commercial transactions ◊ Article 2 – governs sale of goods Consideration – return promise (bilateral) or performance / forbearance (unilateral) Restatement 2nd §71 (1) To constitute consideration, a performance or a return promise must be bargained for. (2) A performance or return promise is bargained for if it sought by the promisor in exchange for her promise and is given by the promisee in exchange for that promise. Definitions (1) legal detriment ◊ party engages in an act that was not previously obligated to perform, or ◊ party refrains from exercising a legal right (Hamer v. Sidway) ◊ pre-existing duty rule – promise for a pre-existing obligation is not a legal detriment (2) bargained-for exchange Mutuality of Obligation ◊ benefit for consideration can flow from third parties – Bogigian v. Bogigian ◊ awareness needed for consideration – Bogigian v. Bogigian ◊ mixed motives are ok in enforceable K – Thomas v. Thomas gift promise (gratuity) – no expectation of compensation ◊ generally not enforceable Kirksey v. Kirksey – gratuity, no mutuality of obligation, before promissory estoppel ◊ exceptions: irreversible obligation induces reliance (promissory estoppel) – Ricketts v. Scothorn forbearance or performance creates bargain consideration – Hamer v. Sidway Langer v. Superior Steel – mutuality of obligation (non-compete for pension) ◊ gift if other party doesn't have the opportunity to decline the benefit (e.g. mowing lawn without telling owner first) illusory promise – promisor determines performance or has a free way out (no consideration) ◊ Rehm-Zeiher Co. v. F.G. Walker Co. – buy all they want, not all they need ◊ requirements contracts are enforceable – McMichael v. Price ◊ implied duty to make reasonable best effort – Wood v. Lucy, Lady Duff-Gordon ◊ "satisfaction" condition with good faith not illusory (feasibility reports common in real estate) – Omni Group, Inc. v. Seattle-First National Bank Adequacy of Consideration courts don't consider adequacy of consideration unless: ◊ unconscionability (procedural or substantive) unequal bargaining power – Jones v. Star Credit Corp. fraud, duress ◊ nominal consideration (not sufficient) – Peppercorn theory no longer valid In Re Greene - $1, "other considerations", release of claims she didn't legally have not enough for enforceable K ◊ promise to forgo lawsuit / release claim is sufficient consideration if party believes in good faith there is a bona fide claim – Fiege v. Boehm Pre-Existing Duty – performance or promise to perform pre-existing duty is not consideration ◊ fresh consideration for subsequent promise / modification needed – Levine v. Blumenthal ◊ hold up game – forced consent / economic duress to change K is not enforceable – Alaska Packers' Association v. Domenico ◊ Modification of K enforceable if: (Angel v. Murray) voluntary on both sides modification occurred prior to full performance modification was prompted by "unexpected change in circumstances" (market shifts?) modification is fair and equitable Moral Obligation & Past Consideration moral obligation ≠ legal obligation ◊ Manwill v. Oyler (gift) ◊ Mills v. Wyman – benefit was gift b/c Δ did not request it and he was not beneficiary material benefit + expectation of compensation + (support by moral obligation) = consideration ◊ context, intention matter ◊ Webb v. McGowin – employer-employee relationship, Δ was beneficiary and made payments before death (intent to pay) ◊ Harrington v. Taylor – unrequested benefit + no expectation of compensation quasi-contract – law creates / implies K (no bargained-for exchange): 1. Π has conferred benefit on Δ 2. Π rendered performance with expectation of payment 3. Π not acting as volunteer 4. allowing Δ to retain benefit without paying P would be unjust enrichment recovery usually measured by reasonable value of benefit to Δ or Π's detriment quantum meruit – recovery based on implied agreement to pay for benefits received ◊ doctor that gives emergency treatment to accident victim – responds to victim's "request" Restatement 2d §86 promise for benefit received is binding to extent necessary to prevent injustice, not binding if conferred as a gift, promisor is not unjustly enriched, to the extent that its value is disproportionate to the benefit Promissory Estoppel – promise + unbargained-for reliance ◊ induced reliance is sufficent to enforce K Feinberg v. Pfeiffer – pension payments encouraged retirement, Π quit job in reliance Ricketts v. Scothorn – reliance on payment induced Π to quit job ◊ applies to charitable subscriptions Statute of Frauds Agreement Process – Offer & Acceptance mutual assent – two parties reach an agreement of resources to form a contract ◊ objective test – parties' words and actions judged by what a reasonable person would believe emphasis on reliance ◊ subjective test – expressed intention may be different from mental intention, which no one knows "meeting of the minds" – agreeing to the same thing in the same sense emphasis on intent Embry v. Hargadine, McKittrick Dry Goods Co. – must use objective test to determine mutual assent ◊ reasonable person would interpret employer's words as assent to Π's employment demand ◊ Π reasonably understood employer to mean it as such → mutual assent ◊ employer's subjective intent irrelevant Lucy v. Zehmer – offer made in jest/while drunk may be binding if objective test met ◊ reasonable person would believe Δs acting in good faith to sell farm ◊ Π acted in reliance on Δ's promise ◊ Δ wrote plain and unmistakable K Offer – manifestation of an intent to be contractually bound upon acceptance by another party distinction between "offer" and an invitation to engage in negotiation ◊ surrounding circumstances are what matter history of dealings if bargaining steadily for a while, may be taken as an offer if no prior bargaining, seller may be putting out minimum selling price courts likely to say "price not below $$" is basis of an auction, not an offer ◊ manufacturer – retailer dealings can be ambiguous usually quote from seller understood to be subject to available stocks, price changes quote for immediate acceptance in response to specific inquiry is enforceable Advertisements advertisements in general (sale ads, catalogs) are invitations for offers from buyers ◊ presume that shoppers understand goods may not be available by the time they buy ◊ until K of sale made (seller accepts), seller may modify or revoke prices or terms ◊ Leonard v. PepsiCo – ad is not binding offer unless it is reasonable and specifies a clear and definite means of acceptance (no way to accept unreasonable offer of Harrier jet) public advertisements that invite a particular performance are offers ◊ Lefkowitz v. Great Minneapolis Surplus Store Π was first in line with $ for fur stole, clear and explicit offer, MoO) offeror cannot impose new or arbitrary conditions once offer is accepted Revocation of Offer ◊ if offeror revokes offer that offeree relied on for his own commitments, offeror must compensate reliance interest ◊ communication from a third party is sufficient to retract an offer (Dickenson v. Dodds) ◊ "indirect revocation" is valid ◊ option needs consideration, or else it is a non-binding nudum pactum Dickenson v. Dodds ◊ Π learned that Δ's property was sold to someone else despite promise to hold offer open ◊ but the option was w/o monetary or other consideration ◊ circumstances would put a reasonable person on notice, performance impossible ◊ objectively, there was no materialization of Π's acceptance before the revocation Mirror-Image Rule Restatement § 59 – acceptance is effective only if it is a mirror image of the offer, expresses unconditional assent to all the terms and conditions of the offer Acceptance by Promise offeror sets the terms by which acceptance must be made (time, communication, method) ◊ LaSalle National Bank v. Vega – compliance with terms of offeror's method of acceptance (Π had to execute the K for it to be in full force) ◊ if no time for acceptance is specified in offer, acceptance within reasonable time frame is valid Ever-Tite Roofing v. Green – time for credit check (industry standard) not unreasonable delay offeror is free to revoke offer up until the offeree communicates acceptance ◊ Hendricks v. Behee – offeror revoked offer through agent before communication of acceptance ◊ uncommunicated intention to accept ≠ acceptance ◊ notice given to agent (within scope of agent's authority) is binding on the principal mailbox rule – offer binding when received, acceptance binding when mailed Acceptance by Performance and Silence Restatement 2nd 1. Offer explicitly asks for acceptance by promise Communicated promise is acceptance (both parties bound) Part performance is not an acceptance (both parties can back out) 2. Offer explicitly asks for performance for acceptance Return promise is not an acceptance (both parties can back out) Part performance creates an option contract (offeree can still back out; offeror bound) 3. Offer allows acceptance by promise or performance Communicated promise is an acceptance (both parties bound) Part performance is acceptance creating a binding contract (both parties bound; offeree cannot back out once performance begins) ◊ Restatement assumes offeror wants a promise, not a performance ◊ UCC – if you don't specify whether you want promise or performance, can accept with either Carlill v. Carbolic Smoke Ball Co. – reward advertisement inviting performance is an offer to accept by performance deposit of reward in bank indicated good faith, sincerity Π performed by buying and using product notification of acceptance not necessary – unreasonable to expect consideration – legal detriment to Π b/c using product inconvenient, Δ benefitted through sales Glover v. Jewish War Veterans – one must be aware of an offer and act with the intention to accept it at the time of performance to accept through performance offer must induce the performance ◊ exception for government agencies – government equally benefited by performance, however ignorant claimant may be so government should pay in any event Restatement 2nd Acceptance by silence only when: 1. offeree takes the benefit of the offered services w/reasonable opportunity to reject them, and reason to know that they were offered with expectation of compensation 2. offeror has stated or given offeree reason to understand that assent may be manifested by silence or inaction, and offeree in remaining silent and inactive intends to accept offer 3. b/c of previous dealings or otherwise, it is reasonable that offeree should notify offeror if he does not intend to accept Ammons v. Wilson & Co. – silence may constitute an acceptance if parties have established a pattern of accepting by silence through previous dealings shortening maker rejected order/offer after delayed period of silence – silence constituted acceptance reasonable person would have expected notification if offer was declined Parol Evidence Rule – where parties intend a written agreement to be the final, complete, and binding expression of their agreement (integrated), external evidence of any earlier or contemporaneous oral or written expression is not admissible to vary the terms of the writing ◊ parol – alleged earlier or contemporaneous agreement within the scope of the written K ◊ merger clause – indicates that agreement is complete and final, many Ks contain it now Williston traditional view – face of the agreement (hardline position, objective) ◊ integration must be determined from inspecting the writing alone ◊ Mitchill v. Lath – ice house removal should have been included in original land sales K don't look at extrinsic evidence or collateral oral agreement b/c ice house removal subject would reasonably have been included in the written K Corbin modern view – writing cannot prove its own completeness (subjective) ◊ writing is integrated only if parties actually intended it to be ◊ any relevant evidence can be admitted to determine intent ◊ takes surrounding circumstances into account ◊ Masterson v. Sine – PE may be used to prove non-written elements of an agreement when only part of an agreement is integrated written K was silent on assignability of option, did not explicity exclude boilerplate template for K made it hard to add clauses not forseeable to include writing to do with assignability in case of bankruptcy UCC § 2-202 (liberal) – parol evidence is admissible unless the matter covered in the alleged parol agreement "certainly would have been included" in the written agreement ◊ Alaska Northern Development v. Alyeska Pipeline – if there is integration as to written K terms, then extrinsic evidence allowed only if the alleged oral/simultaneous agreement would be in "reasonable harmony" with the integrated writing likely Admissibility of Parol Evidence Corbin (Masterson v. Sine) court will consider any relevant evidence to determine parties' intent wrt integration UCC (Alaska Northern Development) PE inadmissible if terms "certainly would have been included in the written agreement" PE admissible if terms are in "reasonable harmony" with the written agreement Restatement 2nd § 216 PE admissible if, under the circumstances, the terms "might naturally be omitted from the writing" and do not conflict with the writing Williston: would an abstract reasonable person naturally have omitted the term in question? Corbin: taking into account all the circumstances of the individual case, might the actual parties have omitted the additional term from the writing? Mitchill v. Lath PE admissible if terms "would not ordinarily be expected to be included in the agreement" in light of the surrounding circumstances unlikely Williston PE of additional terms admissible only if K appears on its face to be incomplete (inspect the writing alone) Restatement 2nd § 217 – when parties agree to an oral condition precedent, the written agreement is not integrated wrt that oral condition (even if merger clause exists) ◊ PE to prove a condition is admissible if: K is silent on the matter PE doesn't contradict the writing may be properly inferred that parties did not intend writing to be complete Luther Williams, Jr., Inc. v. Johnson – approval of financing condition unintegrated, Corbin approach Collateral Oral Agreement – Restatement 2nd § 240 ◊ supported by the consideration of the written K ◊ PE may be admitted to show "collateral" oral agreement if: it does not conflict with the written agreement it covers a subject that would not ordinarily be included in the written agreement ◊ judge decides if extrinsic evidence is relevant for the jury to hear Contract Interpretation – when the written K is ambiguous PE is admissible to show the meaning of K terms where the language is reasonably susceptible to that interpretation ◊ Williston – if K looks complete, ask what reasonable persons would think about the surrounding circumstances (but not direct oral communications between the parties/subjective intent) A. Kemp Fisheries v. Castle & Cooke (plain K) seaworthiness ambiguity referred to different times no extrinsic evidence allowed to vary meaning of written K terms ◊ Corbin – all evidence, including evidence of subjective intention such as prior negotiations and statements made by the parties Pacific Gas & Electric v. G.W. Thomas Drayage & Rigging reasonable that indemnification to property damage clause only referred to 3rd party property extrinsic surrounding circumstances allowed (but only to interpret, not to contradict or add) Restatement 2nd § 206 (Interpretation against Draftsman) – when choosing among reasonable meanings of an agreement, the meaning that operates against the party who drafted the agreement is preferred UCC 2-202(2) – terms may be explained by evidence of course of performance, course of dealing, or usage of trade without a preliminary determination by the court that the language used is ambiguous Plain Meaning Rule – extrinsic and PE not admissible to create ambiguity in a written agreement which is "complete and unambiguous upon its face" Restatement 2nd § 201 (2) Where the parties have attached different meanings to a K or a term thereof, it is interpreted in accordance with the meaning attached by one of them if at the time the agreement was made, that party did not know (or had not reason to know) of any different meaning attached by the other, and the other knew the meaning attached by the first party; or (3) Except as provided in this section, neither party is bound by the meaning attached by the other, even though the result may be a failure of mutual assent court may infer meaning of ambiguous terms by using outside sources if it is unable to arrive at the intent of the parties by examination of the written K ◊ Frigaliment v. B.N.S. International Sales – objectively reasonable "chicken" definition from FDA Hierarchy of extrinsic evidence ◊ Course of performance ◊ Course of dealings ◊ Usage of trade ◊ Gap-filling rules ◊ Standards of reasonableness & good faith Express Conditions – K is only binding when condition met (if, on condition, provided, unless) ◊ condition – fact or event's happening or lack of creates or extinguishes duty to perform nonoccurence of a condition is not a breach of K Restatement § 224 usu. important in bilateral contracts ◊ condition precedent – must occur to create an absolute duty of performance condition precedent in effect – e.g. submitting notice of loss to insurance company within 30 days is condition precedent to insurer's duty to pay ◊ condition concurrent – mutually dependent performances capable of nearly simultaneous execution (e.g. sales K with payment and delivery concurrent) either act is sufficient to make other party's duty to perform absolute ◊ condition subsequent – occurrence extinguishes a previously absolute duty to perform failure to sue within 12 months extinguishes insurance's duty of payment Dove v. Rose Acre Farms – terms which are clear and understood by the parties must be enforced, even if the party who does not strictly comply with all terms must forfeit Wal-Noon Corp. v. Hill – failure to give notice of a repair need precludes recovery when the notice requirement was implicit in the lease Excuse of Condition ◊ agreement by both parties modifying the contract to discharge the condition ◊ the party for whose benefit the condition was made "waives" the condition by its conduct Clark v. West (condition not consideration or material, Π relied on "waiver") ◊ changed circumstances that makes compliance with the condition impracticable ◊ discharge by the court Avoidance of Forfeiture ◊ Restatement 2nd § 227 – In the case of uncertainty wrt the intended effect of a condition, the preferred interpretation is one that will reduce the risk of "forfeiture" ◊ courts will excuse an agreed express condition if there would be an extremely harsh forfeiture Constructive Conditions – arise in disputes over who performs first implied-in-fact condition – parties probably would have agreed if they hought about it ◊ law will imply inherent necessary conditions to performance, conditions of good faith ◊ would a reasonable person feel the parties contracted that certain facts would exist? if so, implied condition to duty to perform. e.g. promise to deliver goods to loading dock has implied-in-fact conditions of loading dock's existence, its reasonable accessibility, permission, etc. ◊ fundamental implied-in-fact condition that neither party will act in bad faith so as to hinder or prevent other party's performance (UCC § 1-203) implied-in-law condition – not expressly provided by the parties, nor which the parties would have necessarily agreed upon, but which may nevertheless be implied by the courts in the interests of fairness and justice ◊ legal effects ordinarily the same as if conditions were expressly set forth in the K early view – bargained for promises not performances, so non-performance immaterial to party's duty to perform his side ◊ Kingston v. Preston – 3 types of covenants: mutual and independent – either party may recover in the event of a breach by the other (alleged breach by P is no excuse for D's nonperformance) conditional and dependent – performance by one depends on prior performance of the other – until prior condition performed, other party not liable (Kingston) simultaneous – if one party performs and the other refuses to perform, the first party has a default action against the refusing party modern view – each party's performance is deemed to be implied-in-law (constructive) condition to other party's obligation to perform – neither party's duty to perform arises until other party has performed ◊ Goodison v. Nunn – constructive condition that a party perform before suing for breach of K Types of conditions implied-in-law 1. earlier performance condition precedent to later performance – first party's performance is implied-in-law condition precedent to the other's duty to perform whenever one party to a bilateral K promises to perform at a date prior to that on which other party promises to perform 2. simultaneous performances conditions concurrent – wherever a bilateral K fixes the same time for the performance of both promises, and both are capable of simultaneous or nearly simultaneous performance, each party's performance is a constructive condition concurrent to performance by the other (have to happen at the same time) Restatement 2nd § 234 – where the performance of only one party under an exchange requires a period of time, his performance is due at an earlier time than that of the other party Substantial Performance ◊ where a K is made to perform work and no agreement is made as to payment, the work must be substantially performed before payment can be demanded ◊ party that has substantially performed can sue for expectation damages minus offset for incomplete performance Jacob & Youngs v. Kent – minor failure to perform (wrong kind of pipes) will be excused where complete performance is a condition precedent to payment, and where substantial performance has been rendered O.W. Grun Roofing & Construction v. Cope – no substantial performance when party materially breaches Restatement 2nd § 241- in determining whether substantial performance has occurred, look to: ◊ purpose to be served ◊ desire to be gratified ◊ the excuse for deviation from the letter (good faith, intention) ◊ cruelty of the enforced adherence UCC § 2-601 – substantial performance is not sufficient in contracts for the sale of goods Reasons Not to Enforce a Contract Mistake – a belief that is not in accord with the facts (Restatement 2nd § 151) mutual mistake – mistake of both parties at the time K was made as to a basic assumption on which the K was made, has material effect on the agreed exchange of performances ◊ K voidable by adversely affected party unless he bears the risk of mistake (Restatement 2nd § 152) ◊ mistake of fact – rescission is usual remedy (parties back in pre-contract position) unilateral mistake – mistake of one party at time K was made as to basic assumption on which he made the K, has a material effect that is adverse to him ◊ K voidable by adversely affected party unless he bears the risk of mistake (Restatement 2nd § 153) ◊ and (a) the effect of the mistake is such that the enforcement would be unconscionable, or (b) the other party had reason to know of the mistake or his fault caused the mistake Restatement 2nd § 254 – a party bears the risk of a mistake if: ◊ the risk is allocated to him by agreement ◊ he is aware at the time the K is formed that he has limited knowledge, but treats his limited knowledge as sufficient, or ◊ the risk is allocated to him by the court on ground that it is reasonable to do so under the circumstances Beachcomber Coins v. Boskett – when both parties agree on item's value at time of K, neither assumes the risk that item is worth more or less mutual mistake of fact – both parties mistaken on a fact that the K was based upon either party may rescind the contract if a mistake materially alters his position aware at time K formed that he had limited knowledge, but treated his limited knowledge as sufficient Sherwood v. Walker – K may be rescinded if mistake goes to the K consideration mistake of substance can void a K mistake of quality cannot significant monetary consequences to disadvantaged party – Δ could get more for not-barren cow Vokes v. Arthur Murray, Inc. – K may be rescinded for misrepresentation of opinion generally only misrepresentations of fact are actionable but misrepresentations of opinion can be fraud when: fiduciary duty trickery by representor no arm's length dealing – undue influence representee has no opportunity to become apprised of the truth may have duty to tell whole truth if undertake to tell part of the truth statement of party having superior knowledge may be regarded as statement of fact Duress – the choice to agree to a K was impaired by threat or coercion (subjective mental condition) ◊ degree of constraint of danger (actual or threatened and impending) sufficient in severity or in apprehension to overcome the mind or will of a person of ordinary firmness ◊ would party have done something else otherwise? ◊ duress per minas – common law, party enters into contract for fear of loss of life, of loss of limb, of mayhem, or of imprisonment ◊ American rule includes threats of battery or destruction of property, moral compulsion, free will Rubenstein v. Rubenstein – prima facie showing of duress in Π's fear for safety when he conveyed farm title to wife b/c of compulsion, threats Unconscionability – manifestly unfair or oppressive K procedural unconscionability – formation or execution of the K ◊ one party lacks knowledge or understanding of the agreement terms ◊ lack of voluntary assent (e.g. in adhesion K situations – unequal bargaining positions) substantive unconscionability – oppressive character of substantive K terms ◊ present when one-sided agreement deprives one party of all the agreement benefits ◊ or excessive price, lack of breach remedy, unreasonable forfeiture provisions or warranty disclaimers if unconscionability is raised as an affirmative defense, that party bears burden of proof UCC 2-302 – if a court as a matter of law finds a K or clause therein to have been unconscionable at the time K was made, it has the discretion to: 1. refuse to enforce the K 2. enforce the remainder of the K without the unconscionable clause 3. limit application of the unconscionable clause to avoid any unconscionable result Williams v. Walker-Thomas Furniture Co. caveat emptor – consumer not excused from performance if she didn't read K / didn't understand its terms no fraud or misrepresentation if Π knew Δ was poor and sold to her anyway ◊ legislature should protect public from exploitive Ks, not courts ◊ caveat emptor – each party entering a K must take responsibility for reading and knowing terms but this is unconscionable! – absence of meaningful choice ◊ caveat emptor modified by UCC 2-302 (enacted after trial decision) – when a party has no real choice as to whether to accept the terms of the K due to his economic position relative to the other, it makes no difference if he knows of the K terms or not inequality of bargaining position unconscionability present at time K was made Commercial Impracticability – excuse for nonperformance, implied condition impossibility – performance becomes objectively impossible (no one would be able to perform) ◊ unless one of the parties assumed the risk, excuse for performance ◊ exceptions: supervening illegality, supervening act of government, supervening death or illness (personal service Ks), supervening destruction or nonexistence of subject matter Taylor v. Caldwell – music hall subject of lease accidentally destroyed by fire impracticability – event renders performance impractical ◊ existing impracticability – no duty to render a performance which was impracticable at the time of contracting if parties did not know it was impracticable at the time (Restatement 2nd § 266(1) v. § 152(1) K voidable if based on mutual mistake) ◊ supervening impracticability – promisor's duty may be discharged if the K subject matter or specified means for performance is destroyed or becomes nonexistent after K entered into, w/o fault of promisor (Restatement 2nd § 261) Bolin Farms v. American Cotton Shippers Assoc. – market price changes don't make performance impracticable Kaiser-Francis v. Producer's Gas – decline in demand, lost profits are not a "force majeure" that would constitute failure of gas demand which would relieve Δ of its take-or-pay obligation Four Requirements of the Modern Rule of Impracticability 1. The event must have made "performance as agreed impracticable" ◊ more than just increase in expense or lost profits (Bolin; Kaiser-Francis) 2. The non-occurrence of the event must have been a basic assumption on which the K was made (Taylor) ◊ includes illegality, supervening government act, death or disability, destruction of subject matter 3. The impracticability must have resulted without the fault of the party seeking to be excused 4. The party seeking to be excused must not have assumed the risk of the event ◊ foreseeability may be a factor for court to consider ◊ ease of procuring insurance may be a factor Frustration of Purpose - where bargained-for performance still possible, but purpose or value of the K has been totally destroyed by some supervening event Requisite elements: 1. some supervening act or event not reasonably foreseeable at the time the K was entered into 2. avowed purpose or object of K was known and recognized by both parties at the time of K 3. supervening act totally or nearly totally destroys the purpose or object of the K 4. frustration must have resulted without the fault of the party seeking to be excused. 5. party seeking to be excused must not have assumed the risk of the event. 6. foreseeability may be a factor for court to consider; control over the K language may be relevant ◊ many frustration of purpose cases treated as impossibility of performance cases due to destruction of the K's subject matter ◊ attainment of the K's purpose becomes an implied condition precedent to performance Krell v. Henry – clear purpose w/n contemplation of both parties when K made, frustrated by unforseeable event Washington State Hops Producers v. Goschie Farms – termination of goverment program which created market for permits constituted supervening frustration of a K to purchase the permits (not price drop, but irrelevance of permits) Bush v. Protravel International – ◊ impracticability of performance operates to advantage of parties that furnish performances ◊ frustration of purpose doctrine operates to advantage of parties that are to pay money in return for those performances ◊ despite similarity of requirements, courts have been much more reluctant to hold that a party has been excused on the ground of frustration than on the ground of impracticability Breach ◊ material breach excuses any counterperformance duty from nonbreaching party immediately entitles nonbreaching party to remedies for breach of the entire K ◊ minor breach does not excuse any counterperformance duty from nonbreaching party, but entitles that party to suspend it until breach is cured or becomes material immediately entitles nonbreaching party to remedies but they are limited to damages caused by the breach rather than for breach of the entire K ◊ material v. minor breach extent of performance – breach at outset (in limine) more likely material willful breach (e.g. repudiation) more material than negligent or innocent breach degree of certainty that breaching party will perform remainder of K extent to which nonbreaching party obtained his bargained-for benefit extent to which nonbreaching party can be adequately compensated for the incomplete or defective performance through his right to damages degree of hardship imposed on the breaching party by holding the breach material ◊ remedies: damages – most frequently available specific performance – where damages shown not to be adequate and just rescission and restitution – judicial declaration to rescind K, restitution of whatever benefits were conferred under the K quasi-contract (quantum meruit) – nonbreaching party renders performance and breaching party fails to pay – nonbreaching party can sue for the reasonable value of the performance rendered tort action – when risk of harm to a person or his property is reasonably foreseeable in connection with the performance of a K REMEDIES Anticipatory Repudiation – words by a contracting party manifesting his intent not to perform ◊ voluntary disablement – conduct by a contracting party which makes it appear that he is unwilling to perform Restatement 2nd § 250-57 – if either party, in advance of the performance of an executory bilateral K, repudiates the K by words manifesting apparent intent not to or a voluntary affirmative act which renders the party unable or apparently unable to render the promised performance, the other party may treat such anticipatory repudiation as a present, material breach of K and bring an immediate action for the entire value of the promised performance ◊ anticipatory breach applies only when executory obligations on both sides of the K (nonbreaching party must wait until date of other's performance for cause of action if one party has already performed and other repudiates obligation for some future performance) ◊ majority view – nonbreaching party has duty to mitigate damages arising from repudiation, and if he fails to do so, is not entitled to recover such damages as he could have otherwise avoided ◊ minority view – nonbreaching party permitted to ignore repudiation, continue performance, then sue and recover all damages incurred ◊ There must be a definite and final communication of the intention to forego performance before the anticipated breach may be the subject of legal action … Mere expression of difficulty in tendering performance, for example, is not tantamount to renunciation of the contract. Restatement 2nd § 251: If the obligor's words or conduct create doubt, then obligee may suspend performance and "demand adequate assurance" from the obligor. If assurance is not forthcoming, the obligee may treat it as a repudiation and resort to the usual affirmative or defensive remedies. when promisor repudiates before performance date, promisee can mitigate damages, sue for damages immediately (Hochster v. De La Tour) no implied repudiation (w/o distinct, absolute revocation of K) when performance still possible (Taylor v. Johnston) John Hancock Mutual Life Insurance v. Cohen – anticipatory breach cannot be applied to Ks for future payment of money ◊ may a Π claim anticipatory repudiation of a K the other party when the other party is the only one still obligated to perform under the K? Williston – no, unilateral K where Π does not need to mitigate by suspending performance Corbin – yes, see note 1, p. 893 Compensatory Damages – primary purpose to compensate Π, not punish Δ monetary damages – favored over coercive remedies (e.g. specific performance) ◊ expectation – put P in position he would have been in if K had been performed ◊ reliance – put P in position before K (out-of-pocket expenditures made by P in performing) ◊ restitution – put D in position before K (avoid unjust enrichment, value of P's performance) ◊ liquidated – damage amount agreed to in the original K (reasonable estimate) prior agreement to limit damages enforced depending on whether the provision operates as punitive damages or reasonable forecasts of actual damages punitive damages – courts usu don't award, K damages primarily compensatory not to deter (tort remedy) ◊ Restatement 2nd § 355: punitive damages not recoverable for breach of K unless the conduct constituting the breach is also tort for which punitive damages recoverable specific performance – usually allowed when K involves unique property (land, art, etc.) ◊ courts usually do not grant specific performance of employment Ks speculative damages – not allowed, P must prove causation and amount of loss future damages reduced to present value nominal damages legal wrong w/o harm ◊ can be awarded without actual loss proven, to establish precedent avoidable damages not recoverable – P has duty to mitigate damages Consequential Damages – result from seller's breach, any loss which seller at time of K had reason to know and which could not reasonably be covered ◊ proof by P of actual consequential damages ◊ causation – the breach must be the reason for the consequential damages ◊ foreseeability of the consequential damages by D (non-pecuniary generally not) ◊ mitigation – P's duty to mitigate damages Restatement 2nd § 351 ◊ damages not recoverable for loss that breaching party did not have reason to foresee as probable result of the breach when K was made ◊ loss may be foreseeable as probable result of a breach because it follows from breach in the ordinary course of events, or as a result of the special circumstances, beyond the ordinary course of events, that the party in breach had reason to know UCC 2-719 – limitation of consequential personal injury damages from consumer goods is prima facie unconscionable (but not for commercial losses) Hawkins v. McGee – pain from operation was legal detriment/consideration, damages should only be for ill effects of operation (difference b/t perfect hand and post-op hand) Sullivan v. O'Connor – for botched rhinoplasties – recovered out-of-pocket expenses, also consequential damages flowing directly and foreseeably from breach (disfigurement, pain from last operation, repair) – but doctors can seldom promise specific results in good faith Hadley v. Baxendale – damages from special circumstances may be awarded where Δ is informed of them or they are reasonably foreseeable / in contemplation of both parties as probable breach consequence – jury not allowed to arbitrarily determine damages when actual damages > natural consequences of breach Δ didn't know mill shut down, lost profits and wages Spang Industries v. Aetna – consequential damages appropriate when K provides for a time for performance and expenses for delay reasonably foreseeable – Π had to delay pouring concrete, incurred extra costs ◊ UCC 2-715(2) – where seller fails to deliver, buyer has a right to "cover" – and if the buyer fails to do so, he will be barred from recovering any consequential damages which he could have prevented by covering ◊ "When the parties enter into a K which, by its terms, provides that the time of performance is to be fixed at a later date, the knowledge of the consequences of a failure to perform is to be imputed to the defaulting party as of the time the parties agreed upon the date of performance." Bohac v. Department of Agriculture – consequential damages are the damages foreseeable when K formed, not when K breached (non-pecuniary damages generally unforeseeable when K formed) Π awarded pecuniary consequential damages, but not for suffering, damage to reputation under Whistleblower Protection Act when fired Restatement 2nd § 353: recovery for emotional disturbance excluded unless breach also caused bodily harm or the K or breach is of such a kind that serious emotional disturbance was a particularly likely result Boise Dodge v. Clark – punitive damages appropriate when good reason to deter owners from tolerating employee misconduct (but must be proportionate to actual damages) calculated commercial fraud in car sales – deterrence needed Mitigation - generally a party has a duty to reasonably mitigate damages caused by the other's breach Employee Remedies constructive service doctrine – wrongfully discharged employee who remains ready and able to perform can recover full amount of agreed wage with duty to mitigate damages (most courts reject) general rule – measure of recovery by a wrongfully discharged employee = amount of agreed salary less amount the employer affirmatively proves the employee has earned / might have earned from other employment with reasonable effort ◊ projected earnings from other employments ops applied in mitigation only when employer can show it was comparable or substantially similar employment to that which Π was deprived of Parker v. 20th Century Fox (question of fact) ◊ employer Δ had the burden of proving that employee Π failed to mitigate damages, that other employment was comparable or substantially similar ◊ employer entitled to deduct income from comparable employment if employee would not have taken it "but for" the breach (cancellation of song/dance production movie) ◊ probably cannot deduct unemployment/etc. benefits ◊ Π awarded recovery of agreed compensation under K for movie Equitable Remedies Injunction – injunctive relief granted when damages inadequate (cost-benefit analysis to grant injunction) ◊ factors affecting the adequacy of damages (Restatement): calculability – difficulty of proving damages with reasonable certainty difficulty of procuring a substitute performance with money awarded as damages solvency – likelihood that an award of damages could not be collected ◊ benefits – burden of determining cost of Δ's conduct shifts to parties, who are better suited to determine cost, no fact-finding expenses for court ◊ costs – continuing judicial supervision and enforcement (negligible) Walgreen Co. v. Sara Creek Property Co. – exclusivity provision that Δ cannot lease to other pharmacies Liquidated Damages – damage clause in K in case of breach ◊ penalty damages – should not be grossly disproportionate to probably loss (unconscionability) penalty damages usually not enforced ◊ reasonable estimate at time K made of probable damages from a breach – difficult to estimate XCO International v. Pacific Scientific – Δ did not prove the liquidated damage clause was disproportionate to reasonable estimate of actual damages caused by breach severity of breach, type of breach
views: | 884 |
posted: | 1/30/2010 |
language: | English |
pages: | 15 |


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Other Dust
Ashes to Ashes….
The world is an open grave. Green glass plains and trinitite pearls necklace the throats of torn cities. Prismatic jungles heave with nanite-infested life, thick with twisted bodies and fever-hot madness. The ancient towers of Old Terra are cast down into the mire and the stars above no longer send their ships of steel and burning light. Humanity has been reduced to struggling enclaves and fugitive tribes. Left to scavenge the bones of their former glory, mankind yet fights the New Earth with steel, salvage, and a burning defiance. If the motherworld means to end her children, she's going to need a bigger apocalypse.
Other Dust is a stand-alone, fully-compatible companion game to the free Stars Without Number sci-fi RPG. Within its pages, savage mutants, crazed psychic overlords, runaway war machines and the relentless decay of a shattered world all conspire to snuff the last few embers of humanity. Yet heroes remain among the scattered survivors, and their courage and will to defy the coming night might yet save their people from a waiting doom. Use the tools this book provides to rebuild societies, reforge their ancient bonds, and bring a new dawn to a thousand points of night!
Now Available at DTRPG!
4 Responses to "Other Dust"
[...] Other Dust to do some housecleaning about the place. But to console your hard-taxed patience, have a peek at the current draft cover of the game. It's on course for a summer release and in time your patience will be richly rewarded. [...]
[...] explore. I love it and can't wait to start up a game on alternate weeks from my Barrowmaze game! Other Dust Sine Nomine Publishing Hopefully I linked it right, not used to doing this from my [...]
[...] aquí, por fin, es donde entra el juego al que se refiere la entrada: Other dust. No es un juego nuevo (salió allá por julio del 2012) ni gonzo por vocación (aunque, desde [...]
[...] came up with this mechanism after reading a pretty cool, post-apocalyptic RPG called Other Dust by Kevin Crawford, or more specifically the rules for developing and managing Groups and Enclaves [...]


text:
Open Daily
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Airtronics M12 Gold Edition w/471 Rx Limited Edition
RC Aircraft
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TAFT Skylane 182 Rx-Ready w/Motor/ESC/Sx's 1.4M
This rendition of the Skylane from Taft includes wing struts, wheel pants, and a steerable nosewheel. Great flying and great looking, this 182 Skylane is a model you'll have a great time flying. Big 1.4meter wingspan (55-1/2 inches) means this is a bigger model that will fly GREAT!
Learn MoreTAFT Mini Trainer Rx-Ready (BL Power) 31-3/4 span
The Taft "Mini Trainer" is designed with the new modeler in mind. Stable and forgiving, this high-wing model gives the new pilot time to think and react. This is a low-cost way to get a small-field trainer that is easy to fly.
Learn MoreTAFT Mini Trainer RTF (BL Power) 31-3/4 span
The Taft "Mini Trainer" is designed with the new modeler in mind. Stable and forgiving, this high-wing model gives the new pilot time to think and react. This is a low-cost way to get a small-field trainer that is easy to fly.
Learn MoreTAFT Dornier Do-27 Rx-Ready Military Scheme EP
The Dornier Do27 is a high performance, short field takeoff utility aircraft well suited for military and civilian use. Taft Models has created this highly detailed scale model of this very unique aircraft.
Learn MoreTAFT B-25 Mitchell 1.25M RX-Ready w/Retracts
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Nothing looks or flies like a big B-25 Mitchell. This Taft Models Twin Engine performer is scale in appearance from its good looks and panel lines, all the way to its included tricycle gear factory installed retractable landing gear. Add a new level of excitement to your fleet with a twin engined aircraft.
Learn MoreSMM Star 1.4M EP Glider ARF (pnp package)
This is a Skip Miller Models Star 1.4M EP Plug-N-Play Receiver-Ready Electric Glider. The Star is extremely user friendly, so whether you are a beginner pilot leaning how to fly or an expert looking to have some fun, the Star will be perfect for you.
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This is a Skip Miller Models Speedo 1.2M EP Plug-N-Play Receiver-Ready Electric Slope Glider. We have taken the already popular and great flying Speedo 1.2 and made it into a fun electric so you can fly it any time. The Speedo EP uses the same wings as the Speedo 1.2 slope version, but has an electric-specific fuselage
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In the early 1950s, with Cold War tensions on the rise, the US military required better strategic reconnaissance to help determine Soviet capabilities and intentions. It was thought an aircraft that could fly at 70,000 feet would be beyond the reach of Soviet fighters, missiles, and even radar.
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Workers' Compensation Insurance | ||
Workers' Compensation Eligibility and Benefits |
Workers' Compensation EligibilityIn the U.S., if you injure yourself on the job or develop an employment-related illness, you are probably eligible to collect Workers' Compensation Insurance. The same goes if you're the dependent of a family member who dies because of a job-related accident or illness. The Federal Employees' Compensation Act covers only Federal government workers, but it sets the standards and most states follow suit. Typically, states require private-sector and state-government employers to carry Workers' Compensation Insurance. However, state law might exempt some employees and employers, such as farm and domestic workers, independent contractors, and small businesses. Workers' Compensation BenefitsBelow is a summary of Workers' Compensation Insurance benefits under the Federal Employees' Compensation Act.
If your disability is permanent or you have dependents, you might receive more than two-thirds of your salary. Benefits are awarded under the Act only for disability or death occurring while performing employee duties. Injury or death that is willful or caused by intoxication (drugs or alcohol) are not covered. There's a catch, too. You might not be allowed to litigate other damages, because state laws might limit your employer's and coworkers' liability if you collect Workers' Compensation Insurance first. See an attorney about that.
Next page > File
and Appeal a Workers' Compensation Claim


text:
As adopted by the VoV Board of Directors, March 9, 2009
Voice of Vashon will not discriminate against anyone because of age, color, gender, handicapped status, height, marital status, national origin, political persuasion, race, religion, sexual orientation, veteran status, or weight. If you feel that we are failing to meet any of these obligations, please let our Board of Directors know and we will investigate the issue and resolve it if possible. Voice of Vashon will make reasonable efforts to accommodate people with disabilities. Please let us know what kind of assistance you require and we will attempt to comply.
VoV facilities are located on the ground floors of two buildings on Vashon Island. Both buildings, the Sunrise Ridge VoV audio studio and Courthouse Square, are accessible using wheelchairs and have no interior stairs. All of our official meetings will be held in these locations or in locations that provide equivalent access. If you would like to contact our voice phone line using TTY equipment, please call 711 or 1-800-833-6384 to use the Washington Relay service. The operator there will be able to call our voice line at 206-463-0301. We are committed to making the Voice of Vashon website accessible. If you find a part of the website that seems to be inaccessible, please let us know and we will endeavor to make accessibility improvements.
Donate to Voice of Vashon. It makes you feel good, it makes us feel good, it keeps Voice of Vashon alive. Thanks.


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Also known as "Brenda" Nancy grew up with a wealthy family in Malibu. She and her brother often enjoyed surfing. While surfing at the age of 16 she met some older girls who lived in a commune with a older man who the girls spoke so well of that Nancy convinced the girls to introduce her to him. This man of course was Charles Manson. She immediately took a liking to him and ran away from home to join him and his Family.
Nancy became one of Charlie's most loyal followers. It is believed that she knew about the Tate murders and even went back to the scene with Charlie to inspect the crime scene.
Nancy was arrested with the rest of the Family during the Barker Ranch raid and upon questioning remained loyal to the Family and maintained that she knew nothing about the murders. Upon her release from jail she and other Manson Girls would have daily vigils set up down by the Court House to support Charlie, Patricia, Susan and Leslie.
Following the Tate/LaBianca trials Nancy lived with Sandy Good and Squeaky for a short period of time. Later, she drifted in with the Aryan Brotherhood and moved in a house with several members. Two housemates, James and Lauren Willett, were murdered by other members who lived there. Nancy was convicted of being an accessory after the fact to Lauren Willett's murder. She spent 18 months in prison and married one of the conspirators. They later divorced and she moved to the Pacific Northwest with her children and changed her name. She renounced Charlie and keeps a low profile, keeping her children from any fallout from her past.


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With Instructables you can share what you make with the world and tap into an ever-growing community of creative experts.
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Here are the materials you will need to clean your gun; your shotgun, cloth, toothbrush, solvent, oil, various wood cleaning supplies, and a cleaning ...
The first and most important step is to make sure your gun is fully unloaded and your reciever is opened. Also your safety should be on! This assures ...
The next step is to disable the gun so you can clean all the parts more efficiently. To do this you twist the knob connecting the barrel to the rest o...
This is a picture of what the gun should look like once it's been disassembled.
Spray a small amount of solvent onto a toothbrush and gently clean the reciever (this step can be repeated as many times as needed).
Spray a small amount of solvent onto a cloth and the stick the cloth around the cleaning rod, then gently push and pull the cleaning rod in and out of...
This step is similar to the last except you use oil instead of solvent. Put a small amount of oil on cloth and then wrap it around the cleaning rod an...
The next step is to reassemble the gun so you can clean the outside of the gun. To reassemble the gun you resrcew the knob connecting to the barrel.
The next step is to clean ONLY the outside metal of the gun. Put a small amount of oil on cloth and gently swipe it on the outer metal.
The final step is to clean the wooden parts of the gun. You can use gun oil, solvent, or other wood products. Apply your choice of wood cleaner and pu...
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High-Tech Athletic Shoe for Pure Running Pleasure
Jogging keeps you fit and is
healthy. However, athletes
that start training can
overdo it and easily pull
and tear ligaments. A new
high-tech running shoe will
... > full story
Eye Injuries in NHL Cost Franchises More Than $32 Million
Research shows that wearing
visors in the National
Hockey League (NHL) could
cause a four-fold decrease
in the risk of eye injuries.
Furthermore, the study found
... > full story
Surgeons Describe New Ligament in the Human Knee
Two knee surgeons in Belgium
have provided the first full
anatomical description of a
previously enigmatic
ligament in the human knee.
The ligament appears to play
... > full story
Train Your Body: Experts Provide Tips for Training and Protecting the Entire Body
For avid runners, training
for the next marathon never
stops. While it's
important to focus on
running faster or farther,
... > full story
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New Guidelines Rule out Same-Day Return to Play for Athletes With Concussion
December 5, 2013 Any athlete with concussion symptoms should not be allowed to return to play on the same day, according to the latest consensus statement on sports-related ... > full story -
Don't Ignore Hip Pain: Impingement a Growing Problem Among Young, Active
December 2, 2013 Hip pain is no longer reserved for older adults. More and more young, active people are developing this problem, which often requires surgery to ... > full story -
Do Sports Concussions Really Cause Chronic Traumatic Encephalopathy?
December 2, 2013 It's been widely reported that football and other contact sports increase the risk of a debilitating neurological condition called chronic traumatic encephalopathy (CTE). But a new study finds ... > full story -
Sports Medicine
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Patient Education and Counseling
Amyotrophic Lateral Sclerosis
Head out to the Ski Slopes, for Happiness' Sake
December 2, 2013 Are you contemplating a skiing holiday? The all-out pleasure and enjoyment you experience on a pair of skis or a snowboard is positively priceless to enhance your overall happiness. This is true even ... > full story -
PRP Therapy Improves Degenerative Tendon Disease in Athletes
December 2, 2013 Ultrasound-guided delivery of platelet-rich plasma (PRP) improves functionality and reduces recovery time in athletes with degenerative disease in their tendons, according to a new ... > full story -
Scientists Work to Engineer Injectable Therapy for Rotator Cuff Injuries
November 27, 2013 A research team is attempting to engineer an injectable therapy for the shoulder's supraspinatus tendon, a rotator cuff tendon that is commonly torn in sports. When the tendon is damaged, the ... > full story -
Surgery for Derrick Rose-Type Knee Injury Involves Difficult Tradeoff
November 25, 2013 Knee surgery for the type of meniscus tear suffered by Chicago Bulls star Derrick Rose can involve a difficult tradeoff. Surgery that enables a quick return could result in painful arthritis later in ... > full story -
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Too Much Weekly Sport Seems to Be as Bad as Too Little for Teen Wellbeing
November 20, 2013 Too much weekly sport seems to be as bad as too little for teen well-being, suggesting there's an inverted U shaped relationship between the ... > full story -
Scientists Far from Finish Line in Understanding Anemia in Female Athletes
November 20, 2013 When Kaitlyn Patterson's fatigue progressed to hyperventilating even during slow runs, and then forced her to quit high school distance running for the season, she knew something was very wrong. ... > full story -
Virtual Sailing Simulator Shows Key Role of Recreation in Spinal Cord Injury Rehabilitation
November 20, 2013 Researchers conducted a study on the role of a hands on virtual sailing simulator for use in rehabilitation following a spinal cord ... > full story
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text:
LF Friends
Hi all,
The title of the thread is somewhat of a joke, but at the same I really am looking for people to play with on a regular basis. I've taken breaks here and there throughout my WoW "career" and the last being about 7 months. I've been playing for about 2 weeks now and I'm looking forward to MoP. I have one of my RL friends that I play with everyday and we pretty much do everything together. I live in the US, so time difference does suck, but I'm awake right now at 6am in the morning, as I am most nights, and I play more WoW than is considered healthy at this point. I know my class well and I'm decently geared, or so I think. I do 2v2 for fun with my pala friend. Never ever ever played arena until now, or PvP really as a whole, so I'm just getting into that. (have alt pvp gear ofc) I'm yet to do DS10/25 except for raid finder, which is a joke. I'm sick of trying to get lousy PuGs to raids. A guild you ask? Well here is the deal. I applied to join Xeon a while back as a raider and a lot of family things got in the way including the whole, live in US now thing, so it prevented me from playing for a while, and now I'm a black sheep in the herd. I don't know anyone except the guild leader, but rarely talk/play with him and I've asked about a viable position in the guild, but pretty much got denied. I'm not looking to do OMGZ Hardcore raids OMGZ disciplined WoW player, play as if it's my job type thing, I'm just looking to be able to do raids and grab upgrade gear and feel good about it. I mean, that's what it's all about, right? Do 5-mans for the cap weekly, farm old raids for gold etc and even arena and maybe get a decent rating? I literally only ever have 1 friend online that I play with, and that's my RL friend. So the TL:DR I'm looking for cool, chill people who know how to play the game and want to play in a chilled out environment, chat over skype/vent while raiding/general wow playing. Sick of the elitest, "I play WoW like it's a job" attitude that many people have. Unless you're a sponsored player/guild/team who probably makes money or is a top tier player/guild/team, then there is zero reason you should have a hitler attitude. I have no problem with people playing the game and taking it serious, but if you can't take a joke, or get made at a wipe or 2, you need a reality check. Just my 2 cents. Anyway, Probably poorly written and probably didn't get my point across because it's nearly 7am and pretty sleep deprived, but wanted to see if there were any other cool guys/girls out there who have the same goal as me. Any questions, shoot. Feel free to send me a message in-game or add me as a friend. On almost everyday between 4pm-6am PST (+8) -Fox |
I'll be your friend
Go Horde and we can be friendzzz
i'll be your friend for 20k
ITT: I learnt Horde are more welcoming and friendly than alliance.
I made a tl;dr version for those of you who can't read 4 sentences, but have the time to make comments. -- Want people to play with at 4pm-6am PST (+8). |
ITT: I learnt Horde are more welcoming and friendly than alliance. thx, im pleased u can count to 4, u should be proud |
I love inbetweeners! We can be friends when you lose this mentality (y) ally friend (y) |
!@#$ man that's the longest tl;dr ever
ITT: I learnt Horde are more welcoming and friendly than alliance. Cheers bro, next week I'm trying for 5. Wish me luck! |
Edited by Garían on 28/05/12 03:30 (BST)
OP: you will probably have an easier time finding something in MOP when everything resets and the game is reborn again. At the moment players generally polarize into extremes thanks to how this game is set up. There is no middle ground because no one wants to waste time.
But you seem like a nice guy so take my advice and don't let others push you around. People don't seem to play WoW for a sense of community anymore because there's nothing to bring them together, so we have to create it ourselves, which isn't easy when everyone only cares about themselves. |


text:
Usually the words "premature" and "boner" never go well together. However, in this instance, you're getting an advance ("premature") clip of tomorrow night's brand new episode of "Guy Code." In the first show of season three, the cast will be discussing Getting Fat, Getting Engaged, House Parties and everyone's favorite...BONERS.
This evening, you're getting a little taste of "Guy Code"'s Boners with the following video clip. Watch Lil Duval, Charlamagne, Melanie Iglesias, Lisa Ramos, Donnell Rawlings discuss woodies, as well as and new cast-members Dan Soder and Tiffany Luu, who thinks the best thing about a boner is it "signals the guy is in to her." What man wouldn't be into this?
+ Watch new episodes of "Guy Code"every Tuesday starting tomorrow at 11/10c on MTV2


text:
Kunsthalle Helsinki presents young artists in a new exhibition
Kunsthalle Helsinki opens on December 3rd with a new exhibition YOUNG ARTISTS 2011 that represents a current review of the works of 56 young artists. The exhibition also offers an opportunity to purchase the art on display. A great chance to begin your own art collection!
Young Artists 2011 is an exhibition that covers artists and works that are considered to be interesting at this particular moment in time. The recurrent themes ecology and the concern over the state of nature take form among others in the richness of animal motifs in the exhibition. Other topics like cloning and recycling have been put to use for example in video art by reusing old footage.
The Young Artists exhibition is a solid tradition in the Kunsthalle and dates back to over 70 years ago. All artists featured in the exhibition are under the age of 35 and the works created under the past three years. The display of 2011 presents a diverse collection of paintings, media art, photography, sculpture, installations, drawings and one performance.
Young Artists 2011 can be seen between 3 December 2011 and 8 January 2012 at Kunsthalle Helsinki, located in the centre of Helsinki, near the Finnish Parliament House and the Finnish Museum of Natural History.
Kunsthalle has been a venue for changing exihibitions since 1928 focusing mainly on contemporary art but also including design and architecture. During its long history the gallery has presented central Finnish artists of various movements like Alvar Aalto and Eero Saarnio and hosted exhibitions of prominent foreign artists such as Andy Warhol, Marlene Dumas and Helmut Newton.


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My weekly NKY Politics column:
There is an election two weeks from Tuesday.
If you're reading this column, there's a good chance you already know that. But many people across the region and the state don't, according to elections officials, who are projecting low voter turnout in the May 17 primary.
"I'm going to be tickled to death if we get 10 percent," said Campbell County Clerk Jack Snodgrass.
His projection is based on the number of requests for absentee paper ballots: just 20 so far, when it's usually about 150 to 200 this close to an election.
In Boone County, the presence of Florence Republican Addia Wuchner on the ballot in the primary for state auditor "could drive a little more interest at the polls," said County Clerk Kenny Brown.
Still, "I'd be surprised if (turnout is) more than 12 percent," Brown said.
So far, he said, just 121 people have cast absentee ballots in Boone County, many of them poll workers who won't be able to vote at their polling places on election day.
Kenton County Clerk Gabrielle Summe was out of the office last week and couldn't be reached.
Statewide, Secretary of State Elaine Walker said her office plans to release its voter turnout projections this week, and she has indicated she expects it to be a low figure.
That isn't entirely unusual for a gubernatorial primary.
In 2007, turnout was 20.2 percent statewide, and 9.8 percent in Boone County, 12.8 percent in Campbell and 11.6 percent in Kenton.
But that year, there was a six-way Democratic primary and a three-way GOP primary for governor on the ballot, and both races were highly competitive and garnered a lot of interest across the state.
That isn't the case this year.
"There's no marquee person running in this election to bring people out," Snodgrass said. "People just aren't interested in this race, especially Democrats. They have nothing to bring them to the polls."
"I just don't hear people talking about (the election)," he said.
There's a saying in campaigns: Yard signs don't vote.
Yard signs do remind voters that there is an election coming up – but you wouldn't know it this year, especially in Northern Kentucky.
"You don't see it on TV, your mailbox's not full – if the candidate doesn't have the money to connect with voters, you're going to see turnout fall off," Brown said.
When it comes to fundraising, a few candidates have made it into six figures, but most have raised less than $100,000 – not enough to run the kind of statewide campaign needed to get their names out to voters.
The only one running that kind of campaign is GOP gubernatorial frontrunner David Williams, who's raised $1.2 million and had $670,000 in the bank as of April 15.
"Our TV ads, radio ads, things we're doing now, are reminding people that there's an election going on," he said during a campaign stop in Fort Mitchell last week.
"We're the only ticket that has a full-fledged campaign going on. Nobody else has TV up, nobody else has radio up, nobody else has direct mail up," he said. "None of the other candidates have really been able to raise adequate money to run the sort of campaigns that get public interest up."
Instead, most of the candidates are hitting the campaign trail hard, driving hundreds of a miles a day to make as many GOP and Democratic dinners as they can in order to reach likely voters.
But both publicly and privately, many candidates are growing concerned that turnout could be in the low double-digits – or lower.
"We're going to have low, low voter turnout – so every vote is going to count," Democratic secretary of state hopeful Alison Lundergan Grimes said on the campaign trail in Newport last week.
Amanda Van Benschoten covers politics and state government for The Kentucky Enquirer.
Posted in: Election 2010, NKY Region, Updates


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Beat Birds 2
Beat Birds is an addictive puzzle game. Once you play it,you can not stop it.It's loved by hundreds of thousands players from all over the world. It's simple to play but hard to stop.Try to pop as many birds as you can before timeout. game center enabled.support Leaderboard.
FAQs, Guides, Cheats, and Secrets
We don't have any FAQs posted for this game yet.
We don't have any cheats posted for this game yet.
The Beat Birds 2 message board has 0 topics and 0 messages. GameFAQs Answers currently has 0 open questions and 0 answered questions.
And More...
For this game, we also have a page with release details and information, 1 box shot, 8 GameSpot screenshots. You can track this game and add it to your collection using My Games, and you can find out how to contribute to GameFAQs at Contributor Central.


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Similar Companies:
Water Business Center
Water Business Center, a business led by CEO Bogie Korszen, is part of the industry. Water Business Center emails with the @waterdrop.com, you can check their Lead411 profile. They hold their main office in Tempe, AZ and more data like cfo contacts and linkedin data can be found within our profiles.
AIG - Sentra Securities Corporation
Have you been searching for Aig - Sentra Securities Corporation's contact information for hours? Have you been trying to find Aig - Sentra Securities Corporation's domain email address?. The Aig - Sentra Securities Corporation is a and is based in Phoenix, AZ and more information like linkedin facts, cfo executives and facebook profiles can be found within the Lead411 profile.
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Books & Music Career Computers Education Family Food & Wine Health & Fitness Hobbies & Crafts Home & Garden Money News & Politics Relationships Religion & Spirituality Sports Travel & Culture TV & Movies
Christmas or Mexicali Corn RecipeThis dish is called Christmas corn because of the red and green peppers. It is also called Mexicali corn. Ingredients 32 ounces frozen corn 1 large onion, chopped 1/2 Medium sweet red pepper, chopped 1/2 Medium sweet green pepper, chopped 2 Tblspn butter 1 Tblspn olive oil 1 glove garlic, mashed Several dashes of hot red pepper sauce Directions Heat oil in large skillet then add butter and garlic. Stir mixure and cook over low heat for two minutes to get rid of raw garlic taste. Turn heat medium and add all remaining ingredients except hot pepper sauce. Cook until vegetables are done. Stir pepper sauce in after turning heat off.
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- February 4, 2012
- 2:51 p.m.
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ron324#251207 writes:
Mike wants to continue to see us as the "warmongers" of the world. It seems pretty apparent that "they" are now preparing for the next one with all the talk now of Iran.
Want to participate in the conversation? Become a subscriber today. Subscribers can read and comment on any story, anytime. Non-subscribers will only be able to view comments on select stories.


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Kids on-the-go will have a blast with this incredible Lil' Riders Black Stealth Pedal Power Go-Kart! From its high-backed bucket seat to its low-riding comfort, this baby is packed with delightful touches.
"R"Web#: 608375
Manufacturer #: 80-6659D
Product Weight:23 pounds
Product Dimensions (in inches):35.0 x 26.0 x 11.0
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Listen to Toys R Us-not Manufacturer
By specialneedsmom
from Woodland, CA
About Me Casual/ Recreational
Best Uses
Comments about Trademark Games Lil' Rider Black Stealth Pedal Powered Go-Kart:
Manufacturer recommends up to age 7. Listen to Toys R Us as they only recommend to age 5. My son is 7 going on 8 and is probably average height and there is no way for him to pedel this thing without his knees hitting the steering wheel. And, the pedals themselves are tiny plastic which his feet are too big for. However, not a problem for us, since we just unscrewed the entire frame to remove the pedals and interior chain (very easy to do). He can use his legs now to scoot forward and backward (mainly backward) and I can put his feet on the wheelwell and cart him around with a rope (like a cool wagon). It works for him..and is sooo much cheaper than anything labelled "adaptive" for disabled kids.
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By chente
from West New York, NJ
About Me Commuter
Easy to assemble.
Product availablitiy and pickup options will be displayed for this store. You can change this store anytime using the Store Locator or My Store Link.
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Verizon Business Supports Orc Software With a Global Network Solution
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PS: Many sexy and smart people have realized that clicking the Facebook like button and/ or the twitter retweet button on this page gets them free promotion
This year's Valentine's Day has truly been a very special day for all of us here in ProChef360. Not only was it a day of love, but it was also a day of gifts. We here at ProChef360 were given one of the biggest gifts that any blog owner could ever hope for, a chance to be named as one of the best blogs in the restaurant industry.
BSchool.com has named us as the 31st best blog when it comes to the restaurant industry. ProChef360, the site said, is a place where you can go to "for advice that offers the recipe for success," and it truly is an honor to be seen and named as such by BSchool.com.
BSchool.com is one of the top online resources that you can go to if you are looking for relevant information regarding getting your MBA or Master of Business Administration through online education. They have created a directory of campuses that offer online MBA programs and degrees. Aside from the directory of MBA schools though, they have also made it a point to give their clients thorough and detailed information regarding the MBA subjects as well as courses. They have also made it easier for their clients to choose their online business school by ranking them, giving their clients the details they need to come up with an informed decision. Through BSchool.com, their clients are given the opportunity of not only knowing the schools that offer online business programs and courses, but they are also given the opportunity to select the most reputable and highly-regarded online business school.
Choosing an online school through them is relatively easy to do. You only have to fill up the fields in their Degree Finder and then you will be given choices. You can also make use of their MBA Subjects category and choose the online school by state.
Aside from these opportunities, the clients can also take advantage of the tips and advices that BSchool.com gives in their blog articles. You can simply browse through their archives to get relevant information regarding the business industry, be it the real estate industry, the education industry, or the restaurant industry.
BSchool.com is indeed a great online source for people who want to get their MBA degree online, so it was a great pleasure that we received an email from them, stating that they have included ProChef360 in their list of the top 60 blogs in the restaurant industry. However, all these would not be made possible if it was not for you, dear readers.
So, on behalf of all of us here in ProChef360, we wish to extend the blessing and say a big thank you not only to BSchool.com for this wonderful opportunity but also to all of you, dear readers, for being with us right from the start of our blog.
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Podcast #058 – KVHW 'Down in the Wetlands'
photo by Scarlet_Fyre
I meet a lot of live music fanatics whose only exposure to Steve Kimock is his occasional affiliations with former members of the Grateful Dead in the late 90's (Kimock played on the Further Tour with the Other Ones and occasionally with Phil Lesh and Friends). Other folks have seen various reincarnations of the Steve Kimock Band and maybe even seen his recent reunion shows with his old Bay Area band, Zero. But a lot of folks don't know that Steve Kimock once had a near-perfect band: KVHW. Kimock, Vega, Hurtz, and White, was a two-year Kimock project from 1998 – 1999, involving bassist Bobby Vega, drummer Alan Hertz (now part of Garaj Mahal), and rhythm guitarist and ex-Zappa vocalist, Ray White.
While I am a pretty big Kimock fan in general, the reason that this project sticks out most is because of the other members of this band. In particular, it is the inclusion of the tastefully funky bassist, Bobby Vega, that allowed KVHW to bring out a distinctly funky and bluesy side of Kimock. It is a side to his playing that you might not ever hear as a part of a Grateful Dead side project or even in his later playing in any variations of the Steve Kimock Band. It's funky, bluesy, soulful rock jamming at Kimock's finest.
For our 58th podcast, I've pieced together some highlights from two nights of KVHW at the Wetlands, which basically was the unofficial 'jamband HQ' in New York City until it closed in September 2001. These two nights capture KVHW at its peak as a fresh, energetic, and exploratory improvisational rock band made up of four amazing musicians. I hope you enjoy them as much as I do…
- Live Music Blog Podcast #058 [mp3] (67.7 MB)
- Subscribe via RSS or Subscribe with iTunes
Poonk >
Cissy Strut (Meters cover) >
Rocco >
Whipping Post (improv)
Express Yourself (Charles Wright cover) >
'Down in the Wetlands' improv
Total running time: 49:21
Both shows are available for download/streaming at the Live Music Archive.
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Affordable stay in cheap hotels in Phuket, Thailand: check rates of different booking providers | |||||||||||||||||||||||||||||||
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Phuket Phuket is one of the most popular tourist destinations in Thailand and the city with numerous attractions which vividly represent the local culture. The National Park of Khao Phra Thaeo is a natural landmark and one of the places where pristine jungle is still preserved. The park is also known due to its popular sea pearls plantation where one can see how pearls are grown. An aquarium in the Biological Centre of Marine Research houses a huge variety of marine species. Nai Yang Beach is a good place to visit during the Songkran Festival. Here one can see hundreds of little baby-turtles rushing into the sea. The territory of this beach, a part of a national park, is lined with bungalows, located 34 km south of Phuket Town. In addition, this is a great quiet place to relax and swim. In the village of Laem Phrom Thep, located in the south of the island, one can watch a beautiful sight of the sunset which literally transforms the island in a matter of minutes. The settlement of sea gypsies, who are considered the most ancient settlers of the island, is also worth visiting. It is one of Thai villages where unique folk performances take place delivering the idea of Thai national culture. Wat Chai Tararam, or Wat Chalong, is the most famous temple in Phuket. It became the place where the relics of Buddha brought from Sri Lanka were stored. It combines the architectural styles of southern, central and northeastern Thailand and has a great religious significance for the whole region. The temple of Wat Phra Thong is known for its half buried in the land statue of Buddha made of solid gold. The legend has it that in the 18th century this territory was occupied by the Burmese army. When the soldiers were trying to dig the statue, they were attacked by a swarm of hornets and had to retreat. Since then, the sacred statue for ever remained on its original site. This temple is located deep in the island. Later, the villagers erected a chapel over the half-buried statue. Phuket City and its central part attract the tourists' attention with spacious mansions built in the colonial style and numerous shops that have the national character. The city was founded by Chinese and Malaysian merchants, and the architecture still retains the influence of both cultures. A striking example is the Government House, the oldest office building in Phuket. A variety of forest mammals, reptiles and more than 100 species of birds live in harmony in the forest park of Khao Phra Thaew. This park is famous for the fact that its territory is the last remaining pristine rain forest. The park has two picturesque waterfalls, Ton Sai and Bang Pae. Khao Rang is a small hill in the north-east of the city, it offers scenic views of Phuket, and its slopes are a sculptural composition devoted to physical culture. Phuket Aquarium is located at Cape Phanwa, on the south-east of the island. The Aquarium presents hundreds of exotic, grotesque, surprisingly elegant and colorful sea creatures that have been caught in the waters of Phuket. The famous Butterfly Farm is just 3 kilometers from the city. The farm has an amazing collection of tropical butterflies and insects. Saphan Hin is a public park near the sea. In the middle of the park there is a monument dedicated to the memory of Australian Captain Edward Thomas Miles, a pioneer of tin mining on the island - he was the first to bring an excavator on Phuket. The largest crocodile farm in southern Thailand is located right outside the city. It includes a colorful aquarium and about a thousand marine and freshwater crocodiles and alligators.
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Which Shelter Mag Closure Is the Saddest?
by POPSUGAR Home 30
Domino is the latest of our beloved shelter magazines to announce that it's shutting down. But is it the saddest in a recent string of bad news for magazine browsers?
Tell your friends
Link Love
- 10 beautiful and decorative gifts to make on the cheap — Houzz
- The one thing will make your home feel like a hotel — Real Simple
- Holiday tips and tricks for decorating like a pro — Country Living
- 28 ideas for creating a Winter floral arrangement — Sunset
- How to deck your desk for the holidays! — House Beautiful
- Flower power! Centerpiece ideas for every occasion — The Nest
- The wine rack you'll want to buy ASAP — Design Milk
- Source: Eater National via Curbed and Onyx via Design Milk
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Country Home (not on this list), because I worked there and now am searching for a new job :(
House and Garden was a staple during my childhood. I will miss it! I really liked blueprint and domino, too. All the good mags are going- maybe they will still be online?
In order of importance:
#1: Blueprint
#2: Domino (Nooo! I just found out)
#3 Home
#4 House & Garden
#5...the rest
In order of importance:#1: Blueprint#2: Domino (Nooo! I just found out)#3 Home#4 House & Garden#5...the rest
I am so sad about Domino, followed by House & Garden (sure, it was actually "House & Garment"--but I liked that!) and Blueprint. And how about a moment of silence for Budget Living, too?
I've been wondering why I cant find Blueprint anywhere! Ugh, I hate that its closed! I love that magazine. There used to be a magazine about 3 years ago called For Me that I loved too and it shut down. That was a great mag because it was like Cosmo but without all the ads and with more than just sex advice. It was kind of like for women who were too old for Cosmo but not old enough for Redbook.Another one bites the dust...
I've been wondering why I cant find Blueprint anywhere! Ugh, I hate that its closed! I love that magazine. There used to be a magazine about 3 years ago called For Me that I loved too and it shut down. That was a great mag because it was like Cosmo but without all the ads and with more than just sex advice. It was kind of like for women who were too old for Cosmo but not old enough for Redbook.
Another one bites the dust...
Domino,because I am a new subscriber to this magazine! What is going to happen to my subscription?
Blueprint definitely. It was the only magazine I loved wholly and completely. I'm still sad about them... a year is not enough time to let a magazine catch on.
I am so sad! I loved Blueprint and was upset when they went, but at least I still had Domino.... Now that too!!! NOOOOO This is too much... I really liked both and now they are gone, what is next??
hey casa, do you think the domino home book will continue to be printed? i really want it since i'm too young to have a house of my own yet to decorate, but once i do, i think i'd appreciate the tips.
i JUST got a free year-long subscription to domino --- have gone from being totally psyched to super-bummed :(
Sad to see Domino go as they are one of the few American home magazine that publishes attainable and affordable design suggestions that are interesting. Many of the British home style magazines present an interesting mix of fabric, eras, art that can be accomplished in everyday homes without breaking the bank. Additionally, they illustrate how one can mix both antique and modern pieces to present an interesting and functional room. Too often their American counterparts present overly pricey rooms that are sterile and resemble a furniture catalog room. Domino provided wonderful sources for interesting accessories, furniture, pillows, fabric, art, etc. They will be missed.l
I didn't even know they'd closed down!!! I actually LIKED the format and relevance of products they featured!!!
Domino will be missed, though I can't say that it wasn't all that unexpected.


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Some things you can add to a few of the strategies for enemies:
Giant Spider and Spider Matriarch: Berserkers make quick work of spiders due to their low HP and armor ratings, even more so if you upgrade the berserkers further. Also the Giant Spider can be OHKO'd by Wrath of the Forest if taken to the second upgrade
Skeletons: Rangers Tower Wrath of the Forest and take these out in one hit when fully upgraded.
Necromancer: When you upgrade Ranger Towers poison arrows, they will completely ignore the skeletons and focus on the Necromancer, since the skeletons can't be poisoned, This will help focus on the Necromancer so they'll die quicker