Saturday, February 22, 2020

Bell vs. May Dep's Stores Co., 6 S..W.3d 871 (MO. 1999) Essay

Bell vs. May Dep's Stores Co., 6 S..W.3d 871 (MO. 1999) - Essay Example Consequently, in his correspondence with the store, Bell informed the store about the defect in the fan and conveyed to them his intention to not to pay for the fan. The store responded to the grievance by informing to Bell their intention of replacing the defective fan, however, in actuality they never did so. Moreover, in the subsequent credit card statements Bell continued to receive past due notices, late fee and finance charges. Eventually the store intimated to Bell its intention of forwarding a negative report to the credit agencies. Yet, later on both parties agreed on a settlement agreement as per which the store promised to Bell that they will delete all the negative reports from Bell’s history. However, it was not to be so. The store relied on a computerized billing system that automatically generated dunning notices and billing statements and forwarded the negative reports to the credit agencies. In 1994, Bell submitted an application to the European American Bank (EAB), for soliciting a TWA credit card. However, Bell’s application for availing a TWA credit card was rejected because of the negative reports sent by the store to the credit agencies. ... So, later on Bell sued the store, alleging that the store intentionally meddled with Bell’s credit expectancy by extending faulty and wrongful information pertaining to Bell’s credit history to the credit rating agencies, among other claims. 3. The issue that The Supreme Court of Missouri was required to decide upon was as to whether credit expectancy of a person or an organization constitutes an element of the law pertaining to intentional interference with business expectancy. The issue before the court was to decide as to whether interference with valid credit expectancy amounted to intentional interference with business expectancy. The court was also required to envisage the test or criteria that established the charge of interference with business expectancy in this case. 4. In the case under consideration, the court held that to ascertain valid credit expectancy, only the establishment of a ‘valid’ or ‘reasonable ‘hope’ tended to be a sufficient criteria or test. The respondent in this case argued that to establish the possibility of credit expectancy on the part of the applicant, it was necessary that one had a pending credit application. However the court set aside this line of argument. The court ruled that the respondent had genuinely resorted to a tortuous interference with the applicant’s credit expectancy and the applicant was liable to claim the commensurate damages. 5. In this case The Supreme Court of Missouri reasoned that ‘expectancy’ is something that is hoped for or expected. It is not a must that to ascertain valid credit expectancy, one needs to have a contract or application in place. The mere expectation or possibility of getting credit establishes that the intended expectancy

Thursday, February 6, 2020

Media Ecology Essay Example | Topics and Well Written Essays - 2000 words

Media Ecology - Essay Example As the physical and social environments have their effect on human society, similarly, in today's era, environments created by media also play an important role on the psyche human society. Therefore, it would not be far from truth if we call the study of relationship between environment created by media and the society as "media ecology". According to the Media Ecology Association, media ecology can be defined as "the study of media environments, the idea that technology and techniques, modes of information and codes of communication play a leading role in human affairs." Therefore, in this discourse an effort will be made to understand media ecology by addressing following three aspects:- There is a strong interconnectivity between different forms of media. Their effectiveness is along two strings. One is their indigenous and the second is an ability to complement the other form of media. Therefore, each media enables to form two types of environment. One which is formed by a particular media itself and the second one is formed by complementing the other forms of media. To elucidate the above point further, we take example of 9/11. We suppose that when the unfortunate incident of 9/11 took place there was only print media available. We can imagine that apart from the people who got affected, there would not be many who could have known the incident immediately. By the time print media would have conveyed the extent of havoc created by the terrorists, too much time would have been lost to create an atmosphere for global response. Still with graphic details and good script an atmosphere could have been created but for short duration. Too less and too late. Now we include radio (audio media) in the scenario. The explicit detail given in newspaper with live commentary of what all was going on would have created an atmosphere more focused on the event. Add TV (auditory - visual media) to the situation. Continuous pouring of live scenes on TV, descriptive account on radio and detailed news and views in print media created an atmosphere which was bound to last longer than what only one of the forms of media was in operation. The atmosphere is more fueled by the