The Character & Flick Webb Essay Example for Free

The Character Flick Webb Essay The poem is built around the character of Flick Webb. He is the one referred to as the ex-basketball player. Flick was once a basketball superstar in his county and a record setter. â€Å"In ’46, He bucketed three hundred ninety points, A county record still. †¦ I saw him rack up thirty eight or forty† (lines 14,15) . The narrator describes how well Flick played basketball that his record of 390 points for a season has not been surpassed. He was like Kobe Bryant who was averaging 31 points per game and at a time scored 52 against the Houston Rockets. (Kobe Bryant Bio 2007) Almost a decade after the glorious high school days, Flick was not able to continue his career as a basketball player. Instead he became a gasman at Berth’s Garage. â€Å"He never learned a trade, he just sells gas, Checks oil, and changes flats. † (lines 19,20) Although Updike did not make any judgment of Flick’s career as a gasman, whether his situation is good or bad, there were suggestions in the last three stanzas that Flick and the people in the community are not happy with what he has become. â€Å"Off work, he hangs around Mae’s Luncheonette. Grease-gray and kind of coiled, he plays pinball, Smokes those thin cigars, nurses lemon phosphates. † (lines 25-27) These lines suggest that Flick is still a bachelor and nowhere to go but a luncheonette; whiles away the time, not at all socializing. â€Å"Flick seldom says a word to Mae, just nods Beyond her face†. (lines 28,29) He must be attracted to Mae who is the owner of the luncheonette but is apprehensive probably because he has nothing to offer the lady. The Style Ex-Basketball Player is a narrative poem; it tells a story. The narrator is presumed to be the author who could have been a witness to the life of a once popular high school basketball player. The poem is set in free verse so that there is no pattern of measure in the lines and the stanzas. The first stanza has one line, the next has two, followed by five lines for the third and the rest of the stanzas have no pattern. Updike also has a style of leaving the line unfinished and is continued in the next stanza. Like the line â€Å"At Colonel McComsky Plaza. Berth’s Garage† (line 4) is in a separate stanza followed by â€Å"Is on the corner facing west, and there† (line 5). Updike’s style seems to pre-empt the idea before it comes in the next stanza allowing smoother flow of ideas. The style is effective because separating the line did not distort the message intended. Imagery â€Å"Poetry communicates experience and experience comes to us largely through the senses (seeing, hearing, smelling, feeling, and touching)†. (Reuben, p. 4) These are expressed through imagery. Updike used a lot of imagery in this poem. Irony was evident in the line, â€Å"Flick stands tall against the idiot pumps†. (line 7) Flick standing tall is contrasted to the idiot pumps. It is like saying Flick is proud because he rises above the idiots or he is better off than the other idiots. Updike wants to express how sad it is that the basketball career is over through the description of the location of Berth’s Garage, â€Å"Bends with the trolley tracks, and stops, cut off Before it has a chance to go two blocks. † (lines 2,3) He uses the line â€Å"cut off before it has a chance†. (line 2) This means the future of the basketball star was cut off before the man had the chance. Updike even makes a part appear as a puzzle when he described the â€Å"nostrils with two S’s and the eyes with an E and O† (lines 10,11) , and he simply means that it is an ESSO gas station. This also reveals the era of the poem because ESSO was most popular in this decade. â€Å"His hands were like wild birds† (line 18), refers to Flick’s quick hands when it comes to handling the basketball, but this is contrasted by the line â€Å"His hands are fine and nervous on the lug wrench† (line 23), which this time criticizes his unskilled hands when it comes to changing flat tires. The two contrasting lines talk about the same hands. This shows that Flick was just good at basketball and nothing else. Figurative Language Aside from the symbolisms and imagery, the use of personification is very effective. Personification is a figure of speech that â€Å"gives the attributes of a human being to an animal, on object or a concept†. (Reuben, p. 5) Personification is evident in the description of the gas pumps in Berth’s garage. Updike refers to the pumps as â€Å"idiot pumps† (line 7) as if the pumps have brains. It actually means that the pumps have to be guided by the gasman all the time. The pumps also have â€Å"their rubber elbows hanging loose and low. One’s nostrils are two S’s, and his eyes An E and O† (lines 10,11). The pumps have rubber elbows and have nostrils and eyes too. It can mean that the pumps are among Flick’s very few friends left. These are the only ones that can look up on him now that he has become a nobody. On the other hand, another phrase personifies the ball as loving, â€Å"the ball loved Flick† (line 16), referring to Flick’s expertise in shooting and dribbling the basketball. At Mae’s luncheonette, Flick looks beyond Mae’s face through the â€Å"applauding tiers of Necco Wafers, Nibs and Juju Beads†(lines 29,30) . The line up of wafers, nibs and beads were applauding means that Flick cannot even look directly towards the girl he likes. He does not have the confidence to talk to a girl; too shy and awkward to even look at her so that his attention drifts to the wafers and nibs at the background. The use of personification has been very effective in portraying Flick’s character as well as in contrasting the happy mood of the past and setting the melancholy mood of the present. Personifying the pumps, the ball, the tiers of wafers, nibs and beads added to the loneliness in Flick’s life, as if there is nobody else to give comfort to him but his pumps, his basketball and the wafers at the background of the luncheonette.

Palliative Care Clinical Experience

Palliative Care Clinical Experience Introduction The purpose of this assignment is to reflect on a clinical experience in palliative care and demonstrate the knowledge and skills associated with this. The symptoms, symptom management and government guidelines and standards will also be discussed in relation to how this will impact the care of the patients who are experiencing life threatening illnesses. This will be achieved through using Gibbs (1988) model of reflection. I chose this model of reflection because it is clear and cyclical model which allows the reflector to revisit the same problem and also to examine my practice which will help me to develop and improve in the future. Description As an adult nursing student, I will be reflecting on an experience with a patient who was receiving palliative care that I encountered during my community placement. The patient received palliative care and required management of symptoms to help maintain their quality of life for the patient and their family. This involved a patient, who will be named Mr. Jones for confidentiality reasons. Mr. Jones was an elderly patient who had been diagnosed with bowel cancer along with liver metastases, the cancer was in the advanced stages. Mr. Jones was being cared for at home by his wife and carers who visited him at home twice a day to help with getting him up, washing and dressing and helping him back to bed. The district nursing team also visited him on a regular basis. When meeting with the patient his main concern was his pain control and available options which he would be able to receive to manage this. Feelings Initially when I heard about the diagnosis I was intrigued and wanted to find out more about the patient and their condition. When I met the patient I felt sympathetic towards him and the family and upon discussion he revealed that he felt like giving up and ending it all. A mixture of thoughts entered my mind, although I could understand why he would want to give up, the only reason was because he was worried about the pain he was starting to experience. When the nurse and I discussed the pain control options he appeared to be more positive about the situation and apologized for what he had said. On reflection it was a positive experience as it allowed me to see how people cope differently with terminal conditions, and the impact it has on the family and carers Evaluation During this experience I thought that the nursing team had built a good professional relationship with the patient and their family. The patient had plenty of time to discuss any concerns or issues that he had .The issues discussed such as symptom management were all assessed and prioritized well; how the patient is feeling is important and needs to be taken into consideration. This would also need to be discussed with his wife alone, to find out how she is feeling and to offer her support. When discussed further, the feelings of giving up related to his pain management. This is why the Visual Analogue Scale was used for a couple of weeks to monitor the progression of his pain (Crichton 2001). I found the tool to be beneficial for effective management of pain because it was a good indicator as to when we would need to adjust his analgesia using the World Health Organization (WHO) analgesic ladder (WHO, 2004). This aims to give the correct drug, correct dose, given at the correct time and proves to be inexpensive and 80-90% effective (WHO, 2004). This ensured the patient was in the least amount of pain which enabled them to carry on with activities of daily living. Analysis The World Health Organization (2009) has defined palliative care as: an approach that improves the quality of life of patients and their families facing the problem associated with life-threatening illness, through the prevention and relief of suffering by means of early identification and impeccable assessment and treatment of pain and other problems such as physical, psychosocial and spiritual.Caring for those receiving palliative care in the community during the end stages of life requires an extraordinary commitment from the nursing team, not only human resource but also competence, compassion and focus in anticipating the needs of the patient and family. It is a complex activity involving a holistic approach, building relationships together with expert professional skills and decision making processes (Melvin 2003). As well as pain, other common symptoms during advanced cancer are nausea and vomiting, with rates ranging from 50-60% (Kearney and Richardson, 2006). It is important to treat the reversible causes of nausea and vomiting before resorting to antiemetics. This can be achieved by appropriate assessment and documentation of symptoms which evaluate the effect of treatment given and can be completed and reviewed quickly to utilize less patient energy and nursing time (Kearney and Richardson, 2006). Cancer patients also experience psychological or affective symptoms of fatigue which include lack of energy and motivation, depression, sadness and anxiety, the sense of willpower and fighting spirit is often lacking and personal resources that have usually kept a person going in the past are ineffective (Juenger, 2002). Fatigue can take away the ability to do things that the patient and family want to do or need to do. The control over life events reduces, further affecting the persons quality of life. An essential part of nursing care for fatigue includes returning some of that control (Porock 2003). Giving information can be a positive way to do this. Nu rses can explain that the person is not alone in the experience as fatigue is an expected occurrence in advanced cancer and discuss the causes of fatigue, effects and side effects of treatment and the impact of stress and depression, this will help the patient to manage the fatigue more effectively (Porock 2003).Mr. Jones was prescribed oral slow-release Morphine Sulphate for his pain, however he was beginning to experience break through pain, nausea and vomiting which was making it difficult for him to take his morphine. We suggested he kept a record of his pain over a couple of weeks using a visual analogue scale (VAS). When we visited him again we were able to use the VAS to assess his pain and make changes to analgesia as appropriate using the analgesic ladder (see appendix). From the assessment it was appropriate to increase his analgesia to step 3 of the analgesic ladder (WHO, 2004). A syringe driver was prescribed to administer morphine and an antiemetic over a 24 hour period which could be increased or decreased as required. Providing drug compatibilities have been checked, a combination of three drugs can usually be administered safely with the advantage that vomiting will not affect absorption, as it is given subcutaneously and the gut is not involved (Thompson, 2004). Although using a syringe driver improves symptom management with minimal inconvenience, complications can arise and nurses should be able to recognize these quickly and solve the problems efficiently (Lugton, 2002). The disadvantages of using this equipment is the painful injection site, infection risks and infusion rate problems (Thompson, 2004). Mr. Jones commented on giving up and after further discussion, we found this related to his pain. Evidence shows that there is a link between chronic pain and depression as they share similar physiological pathways, whilst social and psychological factors appear to affect the severity of it and when they co-exist the severity of both conditions appears to worsen (Gray, 2001). Ineffective management of psychiatric disorders can be caused by failure to recognize, diagnose and treat appropriately in palliative care settings with 50% of psychiatric disorders being undetected (Payne et al, 2007). Patients with cancer should have access to appropriate psychological support and should be assessed regularly by trained professionals as recommended by National Institute for Clinical Excellence (NICE, 2004).Many people may wish to try complementary and alternative medicines to improve symptoms of their cancer, the reason being many feel dissatisfied with conventional medicine and feel the desir e to experience holistic health care for symptomatic relief with a sense of well being (Nayak et al 2003). Auricular acupuncture (acupuncture to the ear), therapeutic touch, and hypnosis may help to manage cancer pain, whilst music therapy, massage, and hypnosis may have an effect on anxiety, and both acupuncture and massage may have a therapeutic role in cancer fatigue (Mansky and Wallerstedt 2006). However there is a lack of evidence to support that complementary and alternative medicine treatments are effective, the risks associated with them are unknown and can potentially be harmful. There has been increasing concern with the use of botanicals and dietary supplements by cancer patients because of the potential interaction between them and prescription drugs (Mansky and Wallerstedt 2006). During this experience, I realised just how important communication is, not only in this situation, but any situation that includes the patient, relatives, carers and multi-disciplinary team. C ommunication is an essential part of good nursing practice and forms the basis for building a trusting relationship that will greatly improve care and help to reduce anxiety and stress for patients, their relatives and carers (NMC 2008). Groogan (1999) acknowledges that communication is not something that people to do one another, but it is a process in which they can create a relationship by interacting with each other. From Mr. Jones perspective, patient-focused communication can be the most important aspect of treatment, due to its capacity to exacerbate or relieve the fear that often accompanies cancer, with evidence of effective communication resulting in decreased anxiety, greater coping ability and adherence to treatment (Dickson 1999). Communication can be divided into three types; cognitive, emotional and spiritual. Cognitive communication involves the giving and receiving of information, emotional communication involves the feeling and expression of psychological responses and spiritual communication involves the expression and feeling of thoughts relating to existing issues beyond the person (Fallowfield Jenkins 1999). When speaking with Mr. Jones and his family the language used was clear and easy to understand. Stress, emotions and fatigue that accompany a terminal illness make it necessary for the information to be repeated to ensure the patient and family have absorbed it and feel reassured (Latimer 2000).Mr. Jones was given enough time to discuss his concerns and issues without feeling like he had a limited period or that the nurses had many other patients to see, however, what often matters is the quality of interaction rather than the length of time. Giving a few moments of time which are totally focused on the patients communication needs can often limit the amount of time spent communicating later when further explanation or clarification is needed (Faull et al, 2005). Mallet and Dougherty (2000) suggested that patients tend to be more dis satisfied with poor communication than with any other aspect of their care and concluded ineffective communication continues to be a major issue in health care.The Department of Health has produced the End of Life Care Strategy (DoH 2008) which promotes high quality care for all adults at the end of life which is the first for the United Kingdom and covers adults in England. Its aim is to provide people approaching the end of life with more choice about where they would like to live and die. In addition, the Macmillan Gold Standards Framework (2003) is another way of combining many different practices. The framework includes 7 Gold Standards which relate to key aspects of care, and guidelines for best practice on teamwork and continuity of care, advanced planning, symptom control and support for patients and their carers. Primary Health Care Teams who join the programme are guided and supported through a combination of workshops, resource materials and networking (Macmillan Cancer R elief 2003). In place is also the NICE clinical guidance on supportive and palliative care (NICE 2004) which advises those who develop and deliver cancer services for adults with cancer about what is needed to make sure that patients, their families and carers, are well informed, cared for and supported. These initiatives had a positive impact on Mr. Jones as the nurses were able to use these guidelines to offer Mr. Jones the best care suited for him and he was then able to make informed decisions regarding the care he would like to receive. These initiatives also have a positive impact on health care professionals as they are supported and encouraged to improve their knowledge through workshops and resource materials. Action Plan/Conclusion My reflection of this experience has taught me how complex it is caring for someone receiving palliative care. It requires a holistic approach to ensure the patient and the family receive the best possible care in accordance with the guidelines and standards, in which they must remain empowered and make informed choices regarding their care and treatment with the help of health care professionals. I now understand how complicated symptom management can be; cancer patients experience many symptoms from their condition and also side effects from their medication. Assessments are vital to ensure the appropriate treatment and management of symptoms. The importance of communication has been brought to my attention once again, in my future nursing practice I will focus on my communication skills as this is an essential part of good nursing practice and plays a vital role in palliative care. Although this was an upsetting experience it has also been a positive one as this will affect my fut ure nursing practice a great deal as I have gained vital skills to look after those receiving palliative care and I am now aware of the various strategies and frameworks in place to ensure patients and families receive a high standard of care.

Public Education Essay -- Education Reform

Public education in the United States is perhaps one of the most critical issues we face as a nation. Once pronouncing the United States as a â€Å"nation at risk†, the educational institution began to implement one reform strategy after another. In efforts to improve schooling for K-12 students, education reform has fiddled with class size, revised graduation requirements, and created standardized testing just to name a few. Unfortunately, traditional public schools are still failing to provide students with a quality education. This is disheartening as we learn that the United States lags behind in math and science compared to our international counterparts. It is safe to say that educational reform has spent billions of dollars over the years in an honest effort to reform education in American; however, most reform decisions have produced little changes. Among the many radical education reform strategies implemented, charter schools are perhaps one of the most prominent. It has been roughly twenty years since several states opened a number of charter schools. The best way to describe charter schools is to say they are independent public schools of choice that are free from rules and regulations compared to traditional public schools. Charter schools are accountable for producing results; otherwise, they are subject to closing due to failing performance. There are more than 5,400 charter schools serving more than 1.7 million children across the country (Center for Education Reform, 2010). Currently, 40 states and the District of Columbia have charter school with 41 laws in place and only 13 have strong laws. The states with the strong laws, 65 percent show positive achievement gains (Center for Education Reform, 2010). These stati... ...ountry could benefit from the presence of charter schools. Although traditional public schooling is in trouble, they are not lost. With thousands of students on waiting list for charter school enrollment and a thousand more who will not attend a school of choice speaks to the need for charter schools. Conventional public schools need to move beyond the mandates of a bureaucratic system in order to experience real revitalization. Perhaps Andy Smarick has the right idea instead of trying to fix failing schools close them and start fresh (2010). Perhaps it is unrealistic to believe with the number of failing schools across this country we could replace them with new schools, but it is clear that something has to be done to ensure a quality education exist for all students. In the meantime, why not give charter schools a chance to educate those who they can serve.

Double Vision in F. Scott Fitzgerald’s The Great Gatsby Essay -- Great

The Great Gatsby:   Double Vision  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   F. Scott Fitzgerald once stated that the test of a first rate intelligence was the ability to hold two opposed ideas in the mind at the same time, and still retain the ability to function. This intelligence he describes is characterized by the principle of â€Å"double vision.† An understanding of this is essential to the understanding of many of Fitzgerald’s novels. â€Å"Double vision† denotes two ways of seeing. It suggests the tension involved when Fitzgerald sets two things in opposition such that the reader can, on one hand, sensually experience the event about which Fitzgerald is writing, The foundation of double vision is polarity, the setting of extremes against one another, which is the result of dramatic tension. The success of the novel depended on Fitzgerald’s ability to transfer the vision he had himself to the reader. This idea dealt with the ability to believe in the possibilities of several opposite ideas at different levels of abstract...

Fishing for Words Essay -- Essays Papers

Fishing for Words â€Å"Give a man a fish; you have fed him for today. Teach a man to fish; you have fed him for a lifetime† (http://www.amatecon.com/fish.html). This quote can be applied to illiteracy in America; basically someone illiterate cannot live on their own until they have been taught the basics, reading and writing. According to Kozol’s essay The Human Cost of an Illiterate Society the government, administration, and people of high power live by the beginning of the quote (Kozol, The Human Cost of an Illiterate Society). They help someone illiterate make a living until the person is out of their control. Yet the government, administrations, and society maintain control through illiteracy. Illiteracy is spreading like a plague through modern society. It affects part of our lives in one way or another. The illiteracy rate per capita is alarming especially to see that the numbers are on the rise. Thirteen percent of Colorado adults are illiterate (www.nces.ed.gov). Approximately 4,420,000 people live in Colorado, and if thirteen percent are illiterate, then 54,600 people are illiterate (www.census.gov). Almost one out of every 85 people is illiterate. An illiterate is stereotypically defined as a middle-aged adult who wears scruffy clothes. Yet in reality most illiterate look like every other person wearing jeans and a t-shirt walking down the street. The hardest roadblock for an illiterate is the ability to read. Since an illiterate cannot read or write then the person cannot work. In order to compensate our government has it in their heads that if they give welfare money to someone who is illiterate then they will go and try to learn to read and write. Why is the government’s head on backwards? The only thing that... ...enerations. As it stands, people who are literate in America live by Darwin’s theory of â€Å"Survival of the Fittest.† The strong prey on the weak, just as someone who is literate preys on the illiterate. With the proposed solutions there will be a greater chance of equality amongst the American society. So if America just took one moment to teach the man to fish, there would be an end to illiteracy in America. Works Cited - Give a Man a Fish†¦.Ross Nordeen. June 3, 1999 http://www.amatecon.com/fish.html> - Kozol, Jonathan. â€Å"The Human Cost of an Illiterate Society.† Reading Critically, Writing Well: A Reader and Guide. Axelrod and Cooper. 6th ed. Bedford/ St. Martin’s. 2002. 346-352. - National Center for Educational Statistics. www.nces.ed.gov> - United States Census Bureau. < www.census.gov>

Brand alliance Essay

The desired outcome of a brand alliance is to increase each other brand’s equity. Some of the examples could be as follows: â€Å"Two companies pool their resources to co-brand, with the idea that the new product can enjoy a unique positioning or two manufacturer’s pool resources to develop a promotional campaign featuring both brands. † (Samu, Krishnan ; Smith, 1999, p. 57). In general, brand alliances carry along great benefits but at same time ome inevitable risk. Well-established alliance is a powerful tool that can help to promote, to specify, to enrich, and to increase the brand value. Good example for increasing the brand value is brand alliance of PorscheDesign and Adidas, where PorscheDesign clearly raises the image of Adidas and on other hand PorscheDesign has more presence and can sell its products in many lucrative locations. (Adidas Annual report, 2009). Brand alliances are used at times of prosperity as well as in times when the brand suffers; they may serve as a driver for a brand to regain its market position. Wrong arketing strategies can ruin the attractiveness and image of a brand and successful brand alliance can revitalize them. According to (Samu et al. , 1999, p. 57) â€Å"A new brand might partner with an established brand to build a stronger presence for a specific usage occasion†. If one of the brands has very good image and brand equity, it is likely that customers will perceive the partner brand with similar attitude. This strategy is risky and can harm the stronger company. The risk factor can be lowered by extensive market analysis that can reveal some of the unfavourable issues for the xact brand alliance. A common practice for possible alliance partners is creation of an exit strategy. That allows companies react quickly if some of the planned outcomes goes wrong or in other direction than planned. (Melvin Prince ; Mark Davies, 2002) Very common reason for creation of brand alliance is a launch of a new product. It serves as a great advertising tool because it drags attention. New product is associated with some extraordinary brand, which creates a message for consumers. A successful example of brand alliances to promote new product launch where two trong brands allied and which worked perfectly was Range Rover and Victoria Beckham. The outcome was the new model line of Range Rover, Evoque. Targeted mainly at female customers, sales growth rose significantly after the introduction of Victoria Beckham’s special luxury edition. Even though the actual limited edition was produced only in small volumes, it created great deal of exclusivity for the new product. Associating the new model with Victoria Backham and creating a well- managed advertising campaign led to a successful launch of the new model line crowned by many design awards. About Land Rover, 2012). . Analysis of Successful Factors in Brand Alliance 3. 1 Successful Factors Before going deeply in the analysis, it is important to understand in theory the successful factors behind a brand alliance and their effects on consumer attitudes. while the effects they produce are the independent variables. While engaging in an alliance, it is fundamental for companies to work on the successful factors in order to produce and maintain the positive effects while reducing the negative ones

Contract and Additional Work

Gary Porter Construction v. Fox Construction, Inc. , 2004 Ut. App. 354, 101 p. 3d 371 (2004). Facts: The University of Utah was in need of a women’s Gymnastics training facility so they subcontracted Fox Construction, Inc. to complete the project. For the soil and ground work Fox Construction, Inc. subcontracted with Gary Porter Construction. Gary Porter Construction, Inc. performed their work based on specific plans as well as some work outside of the plans. The combined total from the planned project was $146,740.The additional work completed at Fox’s request cost Gary Porter construction additional costs and Fox refused to pay for the additional work done outside the subcontract. Procedure: A suit was filed by Gary Porter in the Utah State Court against Fox with alleging breech of an implied-in-fact contract. The court granted summary judgment for Porter, which Fox later appealed to a state intermediate court. Issue: If sections of a contract are left out by mistake, is the contract still valid and enforceable? Were all the requirements of an implied-in-fact contract met?Holding: Yes Reasoning: The appellate court affirmed the lower courts summary judgment in favor of Porter. Fox knew that the additional work that Porter did would be followed up with an additional charge. Fox should have known that there would have been additional costs for the work outside of the planned procedure. Porter completed the work only after Fox’s manager requested it and it was implied to be additional from the start. The additional work not planned in the subcontract was valued at $161,309. 08 as well as the $135,441. 62 contacted value.The issue of the sections being mistakenly not represented in the contract is voided because Fox did not inform Porter about what all needed to be included. Decision and Remedy: Gary Porter Construction won against Fox Construction, Inc. Fox was ordered to pay Porter the balance of $161,309. 08 for the work done but was exclu ded in the original contract. Blackmon v. Iverson, 324 F. supp. 2d 602 (2005). Facts: In 1987 Jamil Blackmon met a promising high school basketball star, Allen Iverson. Blackmon supported Allen Iverson financially and provided other forms of support for his family as well, realizing his athletic potential.In 1994 Jamil Blackmon proposed a new nickname for the basketball star â€Å"The Answer†. The nickname would represent Mr. Iverson with clothing, sports apparel, and basketball shoes. Mr. Blackmon presented the idea to Allen and Allen agreed to give Blackmon 25 percent of profits from the nickname. Iverson was later drafted by the Philadelphia 76ers. After many months, Iverson entered a contract with Reebok, a shoe company, to manufacture, market, and sell a line of sportswear using the same nickname, â€Å"The Answer†. Blackmon moved to Philadelphia at the request of Mr. Iverson and has requested 25 percent of the profits on many occasions.Allen Iverson continues to receive pay from Reebok from the continuing product line. Procedure: Mr. Blackmon filed a suit in Federal District Court against Mr. Iverson for breach of an express contract to which Allen Iverson filed a motion to dismiss. Issue: Is past consideration sufficient to create a binding contract? Is continuous gracious conduct in exchange for a promise a valid consideration? Holding: No Reasoning: The court’s reasoning was fully based on past consideration. Mr. Iverson allegedly promised 25 percent of his profits because of three forms of consideration.First, Blackmon provided him with the nickname â€Å"The Answer†. Second, he helped Allen Iverson’s family, and third, he moved to Philadelphia when Iverson was drafted there. Mr. Iverson offered to pay Mr. Blackmon 25 percent long before entering a contract with Reebok. These forms of past consideration make the contract invalid. There were no valid forms of consideration to make a valid express contract between the two men. Decision and Remedy: Allen Iverson won the case. The United States District Court, eastern District of Pennsylvania, granted Allen Iverson’s motion to dismiss.Vokes v. Arthur Murray, Inc. , 212 So. 2d 906 (Ct. App. Fl. 1986). Facts: Audrey E. Vokes, a widow with no family, had a passion for dancing and wanted to become a successful dancer and find a new interest in life. In 1961 Arthur Murray, Inc. , a franchise that has taught about 20 million people to dance, invited Audrey to a dance party. When she attended her instructors told her about her potential as a successful dancer due to her excellent grace and poise. After being told about her â€Å"good† potential, she bought eight half-hour dances for $14. 50 each to be used in one month.Throughout the next sixteen months she continued to buy these lessons totaling $31,090. 45. Ms. Vokes eventually began to realize that her instructors were only telling her what she wanted to hear and she was not actually goo d at dancing. Procedure: Vokes filed a suit against Arthur Murray, Inc. for fraudulent misrepresentation. After being dismissed in trial court, Vokes appealed her complaint to the District Court of Florida. Issue: If a party possesses expertise, can a statement of opinion be regarded as a statement of fact and be actionable? Holding: Yes.Reasoning: Misrepresentation cannot regard opinions; they must contain facts. If one party has a statement that could be considered an opinion, it could result being a factual statement based on the amount of superior knowledge contained by that party. Using the â€Å"reasonable person† method, Vokes would potentially have reason to believe that Arthur Murray Inc. has superior knowledge of her dance potential. When her instructors Revels v. Miss America Organization, __N. C. __, 641 S. E. 2d 721 (2007). Facts: Miss North Carolina Pageant Organization, Inc. (MNCPO) is a franchise of Miss America Organization (MAO).Under contract between these two parties, MNCPO holds a state competition to select a finalist for the national competition ran by MAO. On June 22, 2002, Rebekah Revels was selected to be Mrs. North Carolina. On July19, 2002 an anonymous e-mail said came out stating that Mrs. Revels cohabitated with a male non-relative and that nude photos of her existed. Mrs. Revels came out and confirmed that the photos existed. MAO and MNCPO approached Revels and asked her to resign from her position as Miss North Carolina or else she would be excluded from the national competition.On July 23, 2002 Mrs. Revels ended up resigning from her Miss North Carolina position. Procedure: Revels resulted in filing a suit in the North Carolina state court against MAO, MNCPO, and other organizations for breach of contract. The court issued a summary judgment in MAO’s favor to which Revels appealed to a state intermediate appellate court. Issue: Must a contract be executed for the direct, and not incidental, benefit of the third pa rty in order to assert rights as a third party beneficiary? Holding: Yes.Reasoning: A person isn’t the direct beneficiary of a contract if the contract benefits that person but wasn’t intended to benefit that person. A person is the direct beneficiary of a contract only if the contracting parties intend to confer a legally enforceable benefit directly to that person. Revels was unable to prove that MAO’s contract was intended to have her be the sole beneficiary because anyone who wins can be the beneficiary under the franchise agreement. The agreement did state that the MAO will accept the MNCPO winner but this does not show that Mrs.Revels was the intended beneficiary of this agreement. Rebekah Revels was an incidental beneficiary of the agreement because she won the pageant and does not have enforceable rights against Miss America Organization based on their agreement with MISS north Carolina Pageant Organization Inc. Decision and Remedy: Based on the agreemen t between the two organizations, Revels was an incidental beneficiary and therefore couldn’t maintain any actions against them. The state intermediate appellate court affirmed the lower court’s decision in favor of MAO.