Introduction
This paper will analyze three Terminal Course Objectives (TCO) as they relate to the movie The Legend of Bagger Vance. First, this paper will address the following TCO A: Given the predominant roles of contracts in all aspects of business activities, describe the general legal principles involved in contract formulation, execution, and enforcement and demonstrate their application in day-to-day business negotiations and operations. Next, it will discuss the relevance of the TCO F within the context of the movie. TCO F requires: Given that business requires means of securing its credit transactions, illustrate the distinction between secured and unsecured credit, and describe the methods of perfecting a security interest under UCC Article 9. Finally, this paper will address TCO G which states: Given that private, personal, and real property is the lynchpin of a private, market based economy, apply the principles of acquiring personal property, bailment, and real property, and the transfer of ownership of real property.
Movie Summary
Promising golfer Rannulph Junuh was the favorite son of Savannah, Georgia and a impressive golfer. Adele Invergordon was his
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girlfriend from a wealthy family before he went off to serve an Army captain in World War I. While serving, Junuh is devastated when his entire company is wiped out in battle and he is the lone survivor. Though he earns the Medal of Honor, he returns to Georgia and lives a obscure life as a drunk, with no desire to return to golfing or his girlfriend. Years later, at the start of the Great Depression and after her father’s suicide, the city’s investors to Adele’s family’s golf resort seek her to sell the resort for a significant loss. Remarkably, Adele attempts to recover her family's lost fortune by holding a four-round, two-day exhibition match between famous golfers Bobby Jones and Walter Hagen, with a grand prize of $10,000, at the golf resort her father built as the Depression struck. However, the shareholders require a Savannah player to generate local interest, so she asks her estranged love Junuh to play. After Junuh’s rejection of both the shareholders and Adele’s requests to play in the tournament, a mysterious traveler carrying a suitcase appears to Junuh while he is trying to hit golf balls into the night. Inexplicably, the man identifies himself as Bagger Vance, and says he will be Junuh's caddy for a guaranteed fee of $5 (despite the appropriate rate of $1000 if Junuh wins). As a result, he helps Junuh to come to grips with his personal demons, and helps him to play golf again. During the tournament and after a rough start, Junuh is far behind the leaders after the first round. With Bagger caddying for him and giving advice, Junuh rediscovers his "authentic swing" in the second and third rounds, hitting a hole in one in the process. Coincidentally, Junuh and Adele also find their romance rekindling. Late in the final round, Junuh disregards Bagger's advice at a crucial point falling back in the competition again. At one point, he hits a ball into a forest, where he has a traumatic World War I flashback, but Bagger's words help him to return to the present, and re-focus on golf. As a result, Junuh plays well enough to a tie with Jones and Hagen, then has a chance to win on the final hole, but has the integrity to call a penalty on himself when his ball moves after he tries to remove a loose impediment. Seeing from this that Junuh has grown and matured, Bagger decides his golfer does not need him any more. Predictively, Bagger leaves him as mysteriously as he met him, by walking off into the distance, all the while with the 18th hole unfinished. Though losing a chance to win because of the penalty, Junuh sinks an improbable putt and the match ends in a chivalrous three-way tie. In the end, the three golfers shake hands with all of Savannah cheering; and Junuh and Adele get back together. TCO A – Contract Formulation, Execution, and Enforcement As it pertains to this movie, this paper will address the legal principles under which Bagger Vance and Hardy Greaves complete a business contract. To apply this TCO to the movie, one must analyze the application of an informal contract. According to Cheeseman, an informal contract is one that is not formal or written. However, despite the informality of one, a truly valid informal contract is fully enforceable and may be sued upon if breached (Cheeseman, 2010, p. 157). When Bagger offers to be Junuh’s caddy for five dollars, and Junuh accepts this offer with a handshake, they have entered into an informal or simple contract. Similarly, when Bagger offers Hardy the job of Junuh’s fore-caddy (sealed with a handshake), they too have an informal contract. To execute these contracts, both caddies must perform the duties of caddy for the duration of the match. Nonetheless, since Bagger left the match before the completion of the last hole, in effect, Junuh could sue him for breach of contract. Whereas, Hardy fulfilled his contract by performing his caddy duties for the duration of the match. TCO F – Secured and Unsecured Credit Transactions As it pertains to this movie, this paper will address the effects of secured and unsecured credit transactions, and the method of perfecting a security interest under Uniform Commercial Code (UCC) Article 9. According to Cheeseman, unsecured credit does not require any security (collateral) to protect the payment of the debt. Instead, the creditor relies on the debtor’s promise to repay the principal (plus any interest) when it is due. Whereas he describes Article 9 (Secured Transactions) of the UCC which governs secured transactions in personal property. Under secure credit, personal property is used as collateral for a loan or the extension of credit, resulting in a secured transaction, governed by Article 9 of the UCC (Cheeseman, 2010, 407-420). In this movie, Savannah’s shareholders created a secured credit transaction with Mr. Invergordon to build his golf resort just prior to the depression. The collateral for this transaction was the resort. However, since UCC Article 9 was not established until 2001, well past the time period of this movie, it is unlikely that it could have been enforced. Interestingly, another source describes the methods of perfecting a security interest. An author, Herman, describes attaching the collateral to the lien to ensure it is enforceable against the debtor. Accordingly, he describes the following events that must occur to ensure an Article 9 security interest attaches: Value has been given; the debtor has rights in the collateral; and a security agreement has been entered into which is authenticated by the debtor, describes the collateral, and describes the land if the collateral includes timber to be cut (Herman, 2015, para 3). Despite the movie’s time period as well before the establishment of UCC Article 9, one can assume from that these three conditions existed for the shareholders to invest in the golf resort, especially given their desire to sell so quickly after Mr. Invergordon’s death to recoup some of their losses. Furthermore, the group’s effort to ensure the golf match was a profitable sensation demonstrated their concern for their security interest and its success. TCO G – Acquiring Personal Property As it pertains to this movie, this paper will discuss the effects of acquiring personal property. According to Cheeseman, real property can also be transferred by will. According to the law, a person may leave a piece of real estate to anyone by will when he dies, and the deed to a piece of property will be issued to the beneficiary when the will is probated. Even if a person dies without a valid will, his property is distributed to the heirs pursuant to the applicable state interstate statute (Cheeseman, 2010, p. 760). One can assume since Adele Invergordon was involved in the development of and securing investments for the golf resort, and since she handled the funeral and scattering of her father’s ashes without any other family members present, that she inherited the golf resort on Kiawah Island. This transfer of the resort would have happened as his only apparent heir, assuming he did not leave to another person in his will. Given Adele’s significant involvement in the business process, the assumption is that she rightfully inherited the resort, and was therefore legally responsible for its disposition. Ethical Norms The ethical norms and standards involved in this movie include the behaviors of the shareholders toward Adele and her financial situation, as well as Junuh’s behavior on the 18th hole. One source defines ethical behavior as an individual acting in ways consistent with what society and other individuals typically think are good values, and includes demonstrating respect for key moral principles that include honesty, fairness, equality, dignity, diversity and individual rights (Ethical behavior, n.d., para. 1). We can conclude from the movie that the shareholders probably had the right to override Adele, and sell the golf resort given their investments in it. However, they applied good southern moral principles, heavy on the fairness and dignity aspects, and allowed her to try to turn around her financial situation. In the end, they profited as well with not only the prosperity and success of the resort, but Savannah’s increase in revenue and reputation given the drama of the golf match. Meanwhile, the ethical behavior of Junuh develops throughout the movie. He pulls himself up from trying to run out on the match, to turning himself in for moving the ball on the last hole. Even after his fore-caddy pleads with him to not do this, Junuh demonstrates an extremely ethical decision to do the harder right over the easier wrong and turn himself into the tournament judge. His ethical fortitude is further apparent when is not swayed by the other players’ attempts to reconsider (given him permission to lie), nor when the tournament judge’s offering to interpret the ball’s movement as potentially legal. Apparently, this was the life lesson Bagger Vance was sent to him to learn, and as a result, Bagger leaves the match and Junuh’s life. Leadership and Management Principles The organizational concepts, principles, theories, and mores applied in this situation were based on a tough love principle.
According to one source, this principle revolves around making sure the subordinate knows that expectations are high, and that his output will be judged at a gold standard (Linkner, 2014, para. 4). Clearly, Bagger was the leader, at times dragged Junuh down the path of learning how to deal with his demons so he could function in society as a normal, performing human being, and even a good golfer. By giving Junuh guidance the expectation of the importance of his decisions, even hypnotizing him during his most traumatic point, Bagger was able to teach him to work through his post traumatic stress, the stress of the match, and perhaps even his personal relationship
woes. Did It Relate? While one would never suppose that this movie would be a good example of any elements of a business law class, after the author of this paper analyzed it, that supposition was inaccurate. The legal concepts illuminated in this paper (contracts, secured and unsecured credit transactions, and acquiring personal property) detail the permeation of business law even in a golfing/feel-good movie. This author better understood the application of these concepts, especially the significance of secured loans. Despite the legal application of the concepts listed above, the most important consideration was the ethical norms that the main character developed throughout the movie; especially touching on the 18th hole. The analysis in this paper forced the author to apply these business law principles in her work environment, as well as personal life to analyze their applicability. This was a very enlightening movie as it depicted provided insight into the business law aspects of a city as it tried to muddle through the depression. Conclusion This paper analyzed three Terminal Course Objectives (TCO) as they related to the movie The Legend of Bagger Vance. First, this paper addressed the following TCO A: Given the predominant roles of contracts in all aspects of business activities, describe the general legal principles involved in contract formulation, execution, and enforcement and demonstrate their application in day-to-day business negotiations and operations. Next, it discussed the relevance of the TCO F within the context of the movie. TCO F required: Given that business requires means of securing its credit transactions, illustrate the distinction between secured and unsecured credit, and describe the methods of perfecting a security interest under UCC Article 9. Finally, this paper addressed TCO G which states: Given that private, personal, and real property is the lynchpin of a private, market based economy, apply the principles of acquiring personal property, bailment, and real property, and the transfer of ownership of real property.
Palgo Holdings Pty Ltd carried on a business of making small secured loans. Each borrower would sign a two-part document. The first part of the document, titled “Secured Loan Agreement”, recorded the amount of the loan and the date on which the principal and interest was due. The second part of the document, titled “Bill of Sale/Goods Mortgage”, was made as a deed between the borrower as mortgagor and the lender as mortgagee. It also recorded that the terms of the bill of sale were set out in the schedule of terms attached.
Ted Conover was from a relatively high class upbringing with good professional accomplishments and education. He was a journalist who came up with an idea to become a correction officer because he was denied access by the Department of Corrections from conducting interviews or research on intuitional grounds about the lives of correctional officers.
The 918 is in bad need of the General’s transformative style of leadership to shape and elevate the motives and goals of the troops. His primary intention is to have leadership at all levels, and this can only be accomplished through empowerment. By enhancing the troops’ competence and confidence in their abilities, listening to their ideas and acting upon them, by involving them in important decision making, and by acknowledging and giving credit for their contributions, the General will enable the troops to take ownership of and responsibility for their own success. He knows that troops who feel weak, incompetent, and insignificant will consistently underperform. Therefore, the General must increase their sense of self-confidence, self-determination, and personal effectiveness to make them more powerful and enhance their possibility of success. General Savage employed several leadership principles to empower his squad:
In this model leaders “select” specific behaviors that are best for the needs of his goal. According to the author there are four behaviors in the path goal theory that a leader could follow. One is the directive leadership, where the leader informs the followers what is expected from them. Another is the supportive leadership, that is when the leader shows concern for the followers and have friendly interactions with them. Third is participative leadership, when the captain gets involved with his team to achieve the goal as a group. Finally, is the achievement leadership; occurs when the leader demand from the followers challenging goals so they perform their best. This is not useful in Lamatepec’s high school soccer team because the captain should contribute the same or even more to the team as his teammates and with this model that would not be
Skinner. This process of operant conditioning encompasses the idea that behaviors are fulfilled to either gain reinforcement or evade punishment. This correlates to how incentives suggest that an individuals’ actions are directed towards achieving an award (Cherry). Chapter 1 of Freakonomics relates to managerial accounting by addressing incentives and how they influence behavior. Internal controls typically protect an organization from fraud or abuse. They govern a company’s financial system and monitor procedures. Therefore, with both situations (teachers and sumo wrestlers) described in Chapter 1, internal controls are necessary to monitor cheating and try to stop
When then leader measures what was supposed to happen with what actually happened, the leader and involved personnel will then find out if the job was completed to standard. Also the leader needs to know from the personnel involved, what to keep doing and what can be done different to get those same or better results. All feedback should be honest and factual. This is the information that the leader will use to makes thing better; to make the operation run more smoothly. All of this defines the most successful and impactful Army leaders.
A legal discussion of the contractual breaches and their related legal elements will be examined in this section. Some of the legal issues surrounding the contractual breaches include, the legal implications of the Uniform Commercial Code (U.C.C.), the defendant’s engagement in and outputs contract while under a requirements contract with my company, the doctrine of estoppel, and the issues of good faith and fair dealing. The definitions and some of the legal implications of the implied and requirements contracts were discussed in the preceding sections. An implied contract is defined as a “contract that is established by the conduct of a party rather than by the party’s written or spoken words” (Kubasek, Brennan, & Browne, 2015,
Coaching is not an easy task and figuring out the best way to lead and guide employees can be overwhelming and challenging. Alex is now in a position where she has to be a motivator, leader, and a coach to several employees. She needs to understand the concept of coaching and the behaviors that go along with her coaching style. The concept of coaching helps develop and grow employees to achieve performance improvement, but it also helps the managers see how the employees embrace their job tasks and asses their results in comparison to the overall mission of the company (Bawany, 2015). Therefore, Alex needs to look back at her previous managers and determine what qualities and behaviors they possessed in order to improve her performance. Also, she must look at what personality traits James has and look at his previous managers to see which manager coached James to perform the best while working for the company.
...el such as: purpose of the loan, maturity of the security pledged, the history of the client with the company and the unique characteristics that the bank’s customers might have.
It has been asked in the given scenario to evaluate Neuberger LJ's approach to the relationship between the doctrines of the constructive trust and proprietary estoppel. To evaluate that, it is necessary to explain the definition of the constructive trust and proprietary estoppel .
This case mentioned below is a fine example of understanding the Law of Contract in a better manner. (Gerald, 2014).
Self-disciplined people are masters of their impulses. This mastery comes from the habit of doing the right thing. Self-discipline allows Army leaders to do the right thing regardless of the consequences for them or their subordinates. Under the extreme stress of combat, you and your team might be cut off and alone, fearing for your lives, and having to act without guidance or knowledge of what’s going on around you. Still, you—the leader—must think clearly and act reasonably. Self-discipline is the key to this kind of behavior.
Jeremy, G. T. (1989). How to negotiate better deals. London, UK: Gold Arrow Publication Ltd.
McHugh, J. M., McHugh, S. M., & Nickels, W. G. (1999). Understanding business. (5th ed.). New York: McGraw-Hill.
The method of applying transactional theory nails this way of teaching. The balance of rewards and punishments were carefully applied but he ensured to continue maximizing great experiences since human nature tends to want to be surrounded by it. My stepfather gave us his selfless service and seeks no recognition for what he did; he was worthy of it. Appling humility and being humble is something that was given to me by my stepfather and I see it being applied to this day. I find it to be a very passive type of leadership but with an understanding that concise affirmative approach is not too far