Top PDF Sales and Leases: A Problem-based Approach

Sales and Leases: A Problem-based Approach

Sales and Leases: A Problem-based Approach

522 U.S. 808 (1997) (arbitration provision shipped with computer binding on buyer); ProCD, Inc. v. Zeidenberg, 86 F.3d 1447 (7th Cir. 1996) (shrinkwrap license binding on buyer); and M.A. Mortenson Co., Inc. v. Timberline Software Corp., 140 Wn.2d 568, 998 P.2d 305 (Wash. 2000) (following Hill and ProCD on license agreement supplied with software). It appears that at least in part, the cases turn on whether the court finds that the parties formed their contract before or after the vendor communicated its terms to the purchaser. Compare Step-Saver, 939 F.2d at 98 (parties' conduct in shipping, receiving and paying for product demonstrates existence of contract; box top license constitutes proposal for additional terms under § 2-207 which requires express agreement by purchaser); Arizona Retail, 831 F. Supp. at 765 (vendor entered into contract by agreeing to ship goods, or at latest by shipping goods to buyer; license agreement constitutes proposal to modify agreement under § 2-209 which requires express assent by buyer); and Orris, 5 F. Supp. 2d at 1206 (sales contract concluded when vendor received consumer orders; single-use language on product's label was proposed modification under § 2-209 which requires express assent by purchaser); with ProCD, 86 F.3d at 1452 (under § 2-204 vendor, as master of offer, may propose limitations on kind of conduct that constitutes acceptance; § 2-207 does not apply in case with only one form); Hill, 105 F.3d at 1148-49 (same); and Mortenson, 998 P.2d at 311-314 (where vendor and purchaser utilized license agreement in prior course of dealing, shrinkwrap license agreement constituted issue of contract formation under § 2-204, not contract alteration under § 2-207).
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The Wisconsin Consumer Act: Consumer Credit Sales, Consumer Leases, Open-End Credit Plans, and Exclusions

The Wisconsin Consumer Act: Consumer Credit Sales, Consumer Leases, Open-End Credit Plans, and Exclusions

The Wisconsin Consumer Act (WCA) is a complex statute with very significant sanctions for creditors that fail to comply with its requirements. Debtors’ attorneys seek to claim that a transaction is subject to the WCA’s mandates, and of course, creditors’ attorneys seek to deny coverage. This Article addresses the coverage issue by focusing on the three consumer credit transactions that are expressly subject to WCA coverage, and on the two most common transactions excluded from WCA coverage. The three transactions expressly subject to WCA coverage are consumer sales, consumer leases, and open-ended credit plans. Each distinct transaction has its own unique interpretation issues that will determine WCA coverage of the transaction depending upon the court's interpretation of the transaction. The two most common exclusions under the WCA are consumer credit transactions that exceed $25,000, and the first lien real estate mortgage. There are actually three different transactions that qualify under the $25,000 exclusion and each one is separately identified and explained. Finally, the first lien real estate mortgage exclusion is analyzed with particular attention focused on identifying those types of interests that qualify as an “equivalent security interest.”
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The Leases of the Laureion Mines

The Leases of the Laureion Mines

either to the preceding clause, or to the one that follows on mining leases (see below, p. 8 Sales of confiscated property are recorded on the same stelai with the mining l[r]

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Capital Leases vs. Operating Leases

Capital Leases vs. Operating Leases

these variables. Included in the main sample are firm-year observations from 2000 through 2003 for Compustat firms with positive total assets (data item 6) and positive total sales revenue (data item 12). In order to compute the as-if capitalized lease amounts, disclosed amounts in the footnotes to the financial statements under SFAS 13 are needed. Specifically, non-missing data for rental commitments one to five years in the future (data item 96 and data items 164-167) as well as the disclosed lump-sum amount for rental commitments more than five years into the future (data item 389) and an estimated discount rate computed as the equally-weighted mean percentage of interest expense to total debt for the years 1994 through 2004 serve as the relevant inputs into the computations. The equal-weighted mean discount rate over the 11-year period from 1994 through 2004 is used because current year leasing amounts are influenced by prior year lease investment decisions. The sample begins in 2000 because the thereafter portion of operating lease rental commitments (data item 389) is not reliably collected and included in Compustat prior to that year. The GROWTH variable is defined as one-year-ahead sales which eliminates 2004 from the sample.
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PETRI NET BASED ALGORITHMIC APPROACH FOR VECHICAL ROUTING PROBLEM

PETRI NET BASED ALGORITHMIC APPROACH FOR VECHICAL ROUTING PROBLEM

In this paper, while solving the travelling seller problem, we have exploited the potentials of siphons and traps. Our analysis is based on the notion of sign incidence matrix; this helps us to relate Petri Net theory to graph theory. The complexity of the VRP is part of a deep question in mathematics, as VRP is a NP- complete problem. Here we have developed an algorithm using Petri net model, which can be executed by computer for any finite number of nodes.

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Environment and Effectiveness of Integrated Approach to Project Based and Problem Based Learning in Engineering Education

Environment and Effectiveness of Integrated Approach to Project Based and Problem Based Learning in Engineering Education

4.2 The adaptation of MTC Make-Space Laboratory to undergraduate level education and integrating with the delivery of vast number of modules allows students and staff in four departments covering twenty different pathways, to move the encountering of engineering application including familiarity with problem solving skills to an earlier stage of development.The Make-Space Laboratory is conceptualizedas a space that permit students to enter with a design problem from one door and through team discussions and utilizing the resources of the lab to exit the lab with a fully tested and superior design or product.The projects can be varied "contextualized" for each group depending on their affiliation (Systems, Aeronautical, Marine or Civil). The objective of a group project from the System Engineering was to design an impeller for centrifugal pump that would be superior to the existing impeller provided by the manufacturer. The impeller design was to be created in CATIAv5 software, manufactured using rapid prototyping facility, and subsequently tested in the laboratory pump at specified operational conditions.The design/manufacture/testing flow process is given in Figure 1 below. The time estimate is the time required for an expert (concerned member of staff or the lab technician) to complete each process. This is used as a bench mark for students’ marking.
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A novel approach based on preference based index for interval bilevel linear programming problem

A novel approach based on preference based index for interval bilevel linear programming problem

It is well known that bilevel programming problem is a complex optimization model and it is difficult to tackle. Usually, traditional solution methods involve huge computational load when solving this type of problem and they are only successful for some special bilevel cases. Estimation of distribution algorithm (EDA) [], which is a new evolutionary meta- heuristic algorithm, has attracted considerable attention as an alternative method for solv- ing bilevel programming problem [, ] in recent years. For EDA, the main steps of the iterative procedure include: randomly create initial population, select some excellent in- dividuals, build a probabilistic model based on excellent individuals chosen, generate new individuals by sampling from the constructed probabilistic model, and repeat the cycle until a stopping criterion is met. Notice that the main characteristics of this approach is to reproduce a new generation implicitly by sampling from a probability model constructed by promising candidate solutions.
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Converting Ensemble Clustering Problem to a Mathematical Optimization Problem and Providing an Approach to Solve Based on Optimization Toolbox

Converting Ensemble Clustering Problem to a Mathematical Optimization Problem and Providing an Approach to Solve Based on Optimization Toolbox

Nowadays, we live in a world in which people are facing with a lot of data that should be stored or displayed. One of the key methods to control and manage this data refers to grouping and classifying them in clusters. Today, clustering has a critical role in information retrieval methods for organizing large collections inside a few significant clusters. One of the main motivations for the use of clustering is to determine and reveal the hidden and inherent structure of a set of data. Ensemble clustering algorithms combine multiple clustering algorithms to finally reach an overall clustering system. Ensemble clustering methods by lack of information fusing utilize several primary partitions of data to find better ways. Since various clustering algorithms look at the different data points, they can produce various partitions from such data. It is possible to create a partition with high performance by combining the partitions obtained from different algorithms, even if the clusters to be very dense from each other. Most studies in this area have examined all the initial clusters. In this study, a new method is used in which the most sustainable clusters are utilized instead of all primary produced clusters. Consensus function based on co-association matrixes used to select more stable clusters. The most stable clusters selection method is done by cluster stability criterion based on F-measure. Optimization functions are used to optimize the obtained final clusters. The genetic algorithm is the optimizer used in this article to find the ultimate clusters
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Problem-based learning approach enhances the problem solving skills in chemistry of high school students

Problem-based learning approach enhances the problem solving skills in chemistry of high school students

Science teachers at present are facing great challenges in teaching chemistry as a subject. They have an indispensable responsibility of ensuring that students achieve the learning competencies desired for each specific topic in the subject. As students face challenges in mastering these competencies expected of them, teachers too are expected to face challenges in teaching. If teachers do not understand their learners’ needs, then their instructional approaches will be a hit or a miss (Davis, 2006). Strategies must then be carefully chosen to fit the needs, interest, motivation and characteristics of the learners. A good teacher’s approach to teaching and learning contributes more likely to higher quality learning outcomes. Therefore, it is important that teachers should carefully select the appropriate tools and strategies in delivering their lessons. These should fit the type of learners they have and it should improve and enhance the teaching-learning process (Lynch, Kuipers, Pyke & Szesze, 2001; Schroeder, Linderman & Choo, 2007). In addition, Zimmerman (2002) emphasizes that the strategy, tool or approach should teach students to become responsible learners and will make them realize that learning is an activity for themselves in a proactive way rather than a covert event despite their differences in learning styles.
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Enhancing students’ problem solving skills using problem  based learning as an instructional communication approach

Enhancing students’ problem solving skills using problem based learning as an instructional communication approach

PBL stresses on student-centered approach in the process of learning (Hmelo- Silver, 1998). Students work in small group and they learn collaboratively, communicatively, and cooperatively. They have high level of interaction among peers and facilitator (Tan, 2003). Students do take their own responsibility in their learning with the guidance of facilitators/ tutors. They need to identify what they need to know better and manage the triggers on which they are working using available sources such as books, journals, faculty and online information resources. In addition, the learning process occurs in small group students where the groups are formed of five to eight students (Gijbels et al., 2005). PBL is well suited in helping students to become active learners as real-world problems are used in the learning process and students are responsible for their learning (Hmelo-Silver, 2004).
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Fuzzy-Logic-Based Approach to Solve the Unit-Commitment Problem

Fuzzy-Logic-Based Approach to Solve the Unit-Commitment Problem

The algorithm for the unit commitment problem of the four-generating units at the Tuncbilek thermal power plant in Turkey is formulated applying the fuzzy logic. A MATLAB computer program to solve the problem was developed. The results obtained by the fuzzy logic approach provide crisp values of the production cost in each period for every given fuzzy input variables. The complete set of results, for the given load demand are summarized in Table (4). A comparison with dynamic programming is also shown in the same figure that indicates thatthe fuzzy logic approach outcomes are comparable and better than to those of dynamicprogramming. A fuzzy logic approach overall resultsare near to those obtained by dynamic programming technique. Thus we indicatethat in fuzzy logic approachwhich used variables, such as, low load capacity of generator, medium production costs, large incremental fuel costs, large start–up costsetc, are the normal ways in which system parameters and behavior can be linguistically described. These linguistic descriptions ultimately tend to provide quantitative values that include the imprecision that inherently exists in such descriptions.
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Chronic Daily HeadacheAn Evidence-Based and Systematic Approach to a Challenging Problem

Chronic Daily HeadacheAn Evidence-Based and Systematic Approach to a Challenging Problem

can confidently be made in a patient with ⬎15 head- ache days per month and a past history of migraine. According to ICHD-II, when CM is associated with MOH, only a diagnosis of probable CM and proba- ble MOH can be made, and only after withdrawal of overused medications and the persistence of head- ache can a diagnosis of CM be made. Practically, withdrawing acute medications as the only therapeu- tic intervention is extraordinarily difficult in clinical practice. Acute MO occurs in two-thirds of patients with CM, and the use of prophylactic medications has been shown to be effective without withdrawal of acute medications. The most pragmatic approach is initiating prophylactic therapy while minimizing acute medications to 2 days/week.
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Sales Service Hybrid Transactions: A Policy Approach

Sales Service Hybrid Transactions: A Policy Approach

Sales Service Hybrid Transactions A Policy Approach SMU Law Review Volume 28 | Issue 2 Article 5 1974 Sales Service Hybrid Transactions A Policy Approach Steve Brook Follow this and additional works a[.]

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Online Learning in Teacher Education: Enhanced with a Problem-based Learning Approach

Online Learning in Teacher Education: Enhanced with a Problem-based Learning Approach

The question can be asked why use an online approach for this module in conjunction with face-to-face teaching sessions, rather than continue al- lowing the lecturers to work solely in a face-to-face learning environment? Quite simply, the main idea is to provide them with an opportunity to expe- rience online learning as students, and the problem-based learning aspect played an important role in allowing them to experience the benefi ts of collaboration. The problem-based learning approach used for this module is a motivating way to learn for the lecturers; they are involved in active learn- ing, working with real problems encountered in their everyday teaching. Prior to the module being designed, an international literature review was conducted on the relationship between online learning and problem-based learning, with the intent to review current research in the two areas in- dividually and in a combined setting. The need to maintain and provide ubiquitous and individualized teaching and learning support for staff at tertiary level is a growing concern worldwide (Gardner, Sheridan, & White, 2002). Chuang (2002) discussed a teacher-training program that focuses on technology and approaches to learning, amongst others, as a problem-based learning and social-constructivism approach. Similar to this module, partici- pants are involved in small group discussion with some real-world questions that fi t with the local context.
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A novel approach to independent taxi scheduling problem based on stable matching

A novel approach to independent taxi scheduling problem based on stable matching

the aforementioned passenger preference as the scoring of the other partner then the taxi-passenger pairing problem can be considered to be a variant of the stable marriage problem. The stable marriage problem (Gusfield and Irving 1989; Halldorsson et al. 2003) involves n men and n women, each of whom has ranked all members of the opposite sex with a unique number between 1 and n, in order of preference. The objective is to find a set of man-woman pairs such that there are no two people of the opposite sex who would both rather have each other than their current partners. The Gale-Shapley algorithm (Gale and Shapley 1962) was developed to solve this problem in polynomial time. This algorithm involves a number of ‘rounds’. In each round, each unengaged man proposes to the most preferred woman to whom he has not yet proposed. Each woman then considers all proposals to her and chooses the one she most prefers as her partner and becomes engaged to him, potentially ‘trading up’ from an existing engagement. This process continues until there is no unengaged man. The Gale-Shapley algorithm guarantees a stable matching.
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Problem based learning: arduous yet practical approach for teaching law

Problem based learning: arduous yet practical approach for teaching law

Abstract: Problem Based Learning (PBL) has been adopted as an assisted learning approach in the International Islamic University especially for Ahmad Ibrahim Kulliyyah of Laws. The one particular subject which has used PBL as one of the methods of teaching law is Equity and Trust 1 and II. This involves the whole batch of the Year 3, Law students. Though, apparently, law deals with problems and cases thus PBL is certainly the best complementary approach for teaching, the practice seems more cumbersome and not favourable by both, lecturers and students. Nevertheless, the mixed response from both quarters should not hinder the implementation of PBL as an assisted teaching methodology for many reasons. Policy wise, the Ministry of Education and Ministry of Higher Learning has in many occasions emphasized about the needs to inculcate the spirit of team working, imparting soft skills and managerial skill into the students. The alumni survey also proved that employers are more concern with students’ ability to communicate, present ideas, team working and socialize rather than simply judging the students performance based on a piece of paper called result transcript. Thus, PBL though reluctantly accepted by the students, nonetheless, it has to a certain extent, contributed towards producing a wholesome graduate. Therefore, it is sometimes inappropriate or too early to let the students to assess the effectiveness of the methods until them being assessed by their colleagues and superiors in the work field.
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The Application of the Competency Based Approach to Assess the Training and Employment Adequacy Problem

The Application of the Competency Based Approach to Assess the Training and Employment Adequacy Problem

In this work, we will scrutinize studies that have tackled the issue of the adequacy of training to employment, opting for the solution of applying the competency-based approach. In addition, we will investigate a study that compared the training systems in diverse countries. Indeed, the competency-based approach is characterized by the versatility of the teaching methods on the one hand, and on the other hand, by a wide array of activities that replace the traditional lecture- based courses, such as case studies, scenario-based teaching ... This approach is now applied in many corners of the world (US, Australia, Europe, ... etc.) and has become “the brand of the new educational policies supported by the UNESCO, the OECD and the States involved in the Bologna Process, that is aiming to render the dissemination of knowledge an engine for economic and social development” [our translation] (p. 16) [28].
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Delivery of Aircraft Design Curriculum through Problem-Based Learning Approach

Delivery of Aircraft Design Curriculum through Problem-Based Learning Approach

Aircraft design is a complex and iterative task. The delivery of the necessary material and skills needed to achieve the desired objectives is usually not possible in the course of study, usually one or two semesters. Most universities present preliminary design projects as In-Course Assessment (ICA) for this reason, and as a PBL scenario. Students are sub-grouped into 5-8 students per team with the lecturer playing the role of facilitator. Teams are given a set of specifications for an aircraft to be designed (i.e. a problem). The specifications may include payload, speed, range, takeoff, landing performance, or specific mission objective, etc (i.e. requirements of the design). Students start searching with examples contained in aircraft design textbooks, or existing designs which may be available in e-media. With a hope to find a similar solution to their problem that requires only minimal amendments. Actually, these textbook examples are intended to show the way the design process may be applied to those who are starting to undertake aircraft conceptual design for the first time.
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Is Student Knowledge of Anatomy Affected by a Problem-Based Learning Approach? A Review

Is Student Knowledge of Anatomy Affected by a Problem-Based Learning Approach? A Review

Six of the studies (60%) compare a new PBL curriculum against previous intakes on a more traditional curriculum (Last et al. 2001; Nieder et al. 2005; Khaki et al. 2007; Cowan et al. 2010; Khalil et al. 2010; Vasan et al. 2011). This approach offers unique insights as many of the other cofounding variables are controlled for. For example the academic staff who delivered the traditional curriculum matches the staff delivering the PBL curriculum. This is important as differing lecturers may afford differing outcome based on the talents of some staff to encourage engagement with the material. It also provides encouragement to other schools considering a switch from traditional to more PBL who feel specialist staff maybe required. These studies demonstrate that this is not the case. However it is interesting to note that Vasan and colleagues (2011) chose to omit the data from 2004 stating that this was a transitional or pilot year. This may suggest a level of consolidation is required for the first year such a new curriculum is instigated. Such methodology also yields consistency in environmental factors such as class sizes, rooms and resources. The overall results from these studies show some benefits from PBL teaching (Khaki et al. 2007; Cowan et al. 2010; Vasan et al. 2011) where an overall 8-17% increase in average scores would be expected. However in contrast to this, others demonstrate no additional benefit to a PBL approach (Last et al. 2001; Khalil et al.2010; Nieder et al. 2005). It is interesting to note that only one study demonstrated that PBL resulted in poorer outcomes compared with more traditional curriculum (Adibi et al. 2007).
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e-Learning Objects Designing Approach for Programming-based Problem Solving

e-Learning Objects Designing Approach for Programming-based Problem Solving

This paper proposes a technique that utilizes electronic learning objects supported with computer animations and graphics to teach and learn programming concepts and structures for problem-solving. It shows a method for tracking programs’ execution mechanism in correspondence with the problem-solving. The technique can be, as well, moderated to be fitted and adopted in various educational disciplines. Based on the literature review that we have conducted, the method that we suggested here can be considered as a distinct methodology of applying the learning objects in teaching and learning programming-based problem-solving techniques. The method of exploiting the learning objects for programming-based problem-solving has been used as supporting learning supplements in college-level related courses. We have used the developed learning objects and shared them among students and instructors for several semesters of teaching programming-based problem-solving techniques. The students stated that they benefited from the use of the learning objects by the improved understanding of the programming techniques used in the problem-solving. Usually, after the students experienced with the learning objects that have been implemented for some problems, the students asked for more learning objects that they could use for other problems which have no implemented learning objects. This indicates the importance of the supplemental learning objects to the learning styles of the students. As students mentioned, "the learning objects helped them to understand the notions of the problem-solving by representing the topic matters in a visualized manner." It demonstrated the process and facilitated the association of the scattered pieces of the subject components. Some students commented that it is much easy to visualize the concept, to understand it, and to remember using such trends.
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