Brief a case in one page for a bussniess law homework
3 Cal.3d 176 (1970)
474 P.2d 689
89 Cal. Rptr. 737
SHIRLEY MacLAINE PARKER, Plaintiff and Respondent,
v.
TWENTIETH CENTURY-FOX FILM CORPORATION, Defendant and Appellant.
Docket No. L.A. 29705.
Supreme Court of California. In Bank.
September 30, 1970.
179
*179
COUNSEL
Musick, Peeler & Garrett and Bruce A. Bevan, Jr., for Defendant and Appellant.
Benjamin Neuman for Plaintiff and Respondent.
OPINION
BURKE, J.
Defendant Twentieth Century-Fox Film Corporation appeals from a summary judgment granting to plaintiff the recovery of agreed compensation under a written contract for her services as an actress in a motion picture. As will appear, we have concluded that the trial court correctly ruled in plaintiff's favor and that the judgment should be affirmed.
Plaintiff is well known as an actress, and in the contract between plaintiff and defendant is sometimes referred to as the "Artist." Under the contract, dated August 6, 1965, plaintiff was to play the female lead in defendant's contemplated production of a motion picture entitled "Bloomer Girl." The contract provided that defendant would pay plaintiff a minimum "guaranteed compensation" of $53,571.42 per week for 14 weeks commencing May 23, 1966, for a total of $750,000. Prior to May 1966 defendant decided not to produce the picture and by a letter dated April 4, 1966, it notified plaintiff of that decision and that it would not "comply with our obligations to you under" the written contract.
By the same letter and with the professed purpose "to avoid any damage to you," defendant instead offered to employ plaintiff as the leading actress in another film tentatively entitled "Big Country, Big Man" (hereinafter, "Big Country"). The compensation offered was identical, as were 31 of
180
*180
the 34 numbered provisions or articles of the original contract.
[1]
Unlike "Bloomer Girl," however, which was to have been a musical production, "Big Country" was a dramatic "western type" movie. "Bloomer Girl" was to have been filmed in California; "Big Country" was to be produced in Australia. Also, certain terms in the proffered contract varied from those of the original.
[2]
Plaintiff was given one week within which to accept; she did not and the offer lapsed. Plaintiff then commenced this action seeking recovery of the agreed guaranteed compensation.
The complaint sets forth two causes of action. The first is for money due under the contract; the second, based upon the same allegations as the first, is for damages resulting from defendant's breach of contract. Defendant in its answer admits the existence and validity of the contract, that plaintiff complied with all the conditions, covenants and promises and stood ready to complete the performance, and that defendant breached and "anticipatorily repudiated" the contract. It denies, however, that any money is due to plaintiff either under the contract or as a result of its breach, and pleads as an.
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This document is a Trustee's Motion to Approve Compromise and Settlement with Defendants Robert O'Neal, Paul Ballard and Todd Hickman in an Adversary proceeding. The Trustee is seeking the court's approval of a settlement agreement between the Trustee and the Defendants that would allow portions of the Defendants' claims against the Debtor's estate and resolve all claims between the parties. Key terms of the settlement include allowing 75% of O'Neal's claim, 60% of Ballard's claim, and 60% of Hickman's claim. The Trustee believes the settlement is in the best interest of the estate to avoid costly and uncertain litigation.
This document summarizes a court case between First American Title Insurance Company, Winnebago County Title Company, and TCF Bank regarding a mortgage on a property owned by Patricia Bartholomew. TCF Bank held the first mortgage on the property as a revolving line of credit. Winnebago acted as an agent in a second mortgage taken out by Bartholomew. Winnebago paid off the TCF Bank mortgage but TCF did not release its lien. Bartholomew then took out more funds through the revolving credit and defaulted. The court found that TCF Bank was not legally required to release the lien until the revolving credit was cancelled by Bartholomew. However
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2) The contract between the parties contained an arbitration clause requiring the use of CIETAC for dispute resolution. It is alleged that Defendant Agri Feed forged laboratory test results to receive payment under the letter of credit for substandard hay.
3) Plaintiff argues that California law allows for pre-arbitral attachment to prevent assets from being hidden or dissipated during arbitration proceedings. The remaining issue is whether CIETAC rules providing temporary relief would supersede California law.
A misrepresentation is a false statement of fact that induces a party to enter a contract. While not a contractual term, a misrepresentation makes a contract voidable and allows the innocent party to rescind the contract and claim damages. There are three types of misrepresentations - fraudulent, negligent, and wholly innocent - which determine available remedies like rescission and damages claims.
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2) Duress to goods, where threats to seize property to extract payment may allow recovery of sums paid.
3) Economic duress, where threats to breach contracts or cause financial harm can also void agreements if the victim's will was overborne. The standards for economic duress require assessing the victim's protests and alternatives available.
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This document is a Trustee's Motion to Approve Compromise and Settlement with Defendants Robert O'Neal, Paul Ballard and Todd Hickman in an Adversary proceeding. The Trustee is seeking the court's approval of a settlement agreement between the Trustee and the Defendants that would allow portions of the Defendants' claims against the Debtor's estate and resolve all claims between the parties. Key terms of the settlement include allowing 75% of O'Neal's claim, 60% of Ballard's claim, and 60% of Hickman's claim. The Trustee believes the settlement is in the best interest of the estate to avoid costly and uncertain litigation.
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1) Duress to the person, where threats of violence can void agreements.
2) Duress to goods, where threats to seize property to extract payment may allow recovery of sums paid.
3) Economic duress, where threats to breach contracts or cause financial harm can also void agreements if the victim's will was overborne. The standards for economic duress require assessing the victim's protests and alternatives available.
Remedies for duress include recovering sums paid or treating agreements as voidable through the tort of intimidation.
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Learning Outcome:
After completion of this lesson students will -
a) learn about the different interpretative perspectives under the objective principle
b) be able to identify relevant legislative provisions relating to communication of proposal under the Contract Act, 1872
c) learn about the Mirror Image Rule
d) be able to identify the pros and cons of the Mirror Image Rule
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Can you write these 2 art history questions I uploaded 2 pictures f.docxchestnutkaitlyn
Can you write these 2 art history questions? I uploaded 2 pictures for this question
I uploaded two pictures, see the picture files and focus on only this pic that is the topic of this art.
And all answers are should be separated!!
The words should be 80-150 words each section.
No plagiarism!
1. Sarcophagus of Junius Bassus, from Rome, Italy
1
.
Description
-
describe what you see- imagine that the person you are describing it to is not there or is blind.
How will you make the work of art visible through verbal description?
2
.
Summary this text
- summarize
this
text
what i wrote on this question!!
you think are the most important pieces of information that you gleaned from the textbook- read the book closely and put it in your own words.
- Summary this ->
JUNIUS BASSUS SARCOPHAGUS Another pagan convert to Christianity was the city prefect of Rome, Junius Bassus, who, according to the inscription on his sarcophagus (FIG. 8-7), was baptized just before he died in 359. The sarcophagus is of eclectic format—decorated only on three sides in the western Roman manner (see Chapter 7), but divided into two registers of five compartments, each framed by columns in the tradition of Asiatic sarcophagi (FIG. 7-61). In contrast to the Santa Maria Antiqua sarcophagus (FIG. 8-6), the deceased does not appear on the body of the coffin. Instead, stories from the Old and New Testaments fill the niches. Christ has pride of place and appears in the central compartment of each register: as a teacher enthroned between his chief apostles, Saints Peter and Paul (above), and triumphantly entering Jerusalem on a donkey (below). Appropriately, the sculptor placed the scene of Christ’s heavenly triumph above that of his earthly triumph. Both compositions owe a great deal to official Roman art. In the center of the upper zone, Christ, like an enthroned Roman emperor, sits above a personification of the sky god holding a billowing mantle over his head, indicating that Christ is ruler of the universe. The scene below derives from portrayals of Roman emperors entering cities on horseback, but Christ’s steed and the absence of imperial attributes contrast sharply with the imperial models the sculptor used as compositional sources. All of the Old Testament scenes on the Junius Bassus sarcophagus are precursors of New Testament events (see “Jewish Subjects in Christian Art,” page 213). Adam and Eve, for example, are in the second niche from the left on the lower level. Their Original Sin of eating the apple in the Garden of Eden ultimately necessitated Christ’s sacrifice for the salvation of humankind. To the right of the entry into Jerusalem is Daniel, unscathed by flanking lions, saved by his faith. At the upper left, Abraham is about to sacrifice Isaac. Christians believe this Old Testament story was a prefiguration of God’s sacrifice of his own son, Jesus. The Crucifixion itself, however, does not appear on the Junius Bassus sarcophagus. Indeed, th.
Can you write the Annotation 2 for me, please I choose Energy sou.docxchestnutkaitlyn
Can you write the Annotation 2 for me, please? I choose Energy source of Children This is my topic.
You have to put work cited first and after that you have to write 150 words summary wath two qouts from the essay and after that you have to write your opinion for gust one to two lines. After that you have to write Two questions about that summery no yes or no. You can choose two questions of How, What,Where, Why, When. this is my order. You have to read this essay I will put to you because you have to read this resoerc. You have to put two of he said "............................................" with page number , and second he said, "......................................." with his last name and page number.
I took these information from my college website and you have to read it.
Works Cited
Verbrugghe, Adronie, et al. "The Glucose and Insulin Response to Isoenergetic Reduction of Dietary Energy Sources in a True Carnivore: The Domestic Cat (Felis Catus)."
The British journal of nutrition
104.2 (2010): 214-21.
ProQuest.
Web. 24 Sep. 2014.
The glucose and insulin response to isoenergetic reduction of dietary energy
sources in a true carnivore: the domestic cat (
Felis catus
)
Adronie Verbrugghe
1
*, Myriam Hesta
1
, Stephanie Van Weyenberg
1
, Georgios A. Papadopoulos
1
,
Kris Gommeren
2
, Sylvie Daminet
2
, Tim Bosmans
2
, Ingeborgh Polis
2
, Johan Buyse
3
and Geert P. J. Janssens
1
1
Laboratory of Animal Nutrition, Faculty of Veterinary Medicine, Ghent University, Heidestraat 19, B-9820 Merelbeke, Belgium
2
Department of Small Animal Medicine, Faculty of Veterinary Medicine, Ghent University, Salisburylaan 133, B-9820 Merelbeke,
Belgium
3
Laboratory of Livestock Physiology, Immunology and Genetics of Domestic Animals, Department of Biosystems, K.U. Leuven,
Kasteelpark Arenberg 30, B-3001 Heverlee, Belgium
(Received 11 August 2009 – Revised 12 January 2010 – Accepted 13 January 2010 – First published online 2 March 2010)
The present study assessed the effect of separate reduction of each energy-delivering nutrient – protein, fat and carbohydrate – on glucose
tolerance and insulin response in a strict carnivore: the domestic cat (
Felis catus
). Three isoenergetic, home-made diets with the following
energetic distribution, low protein (LP): protein 28% of metabolisable energy; fat 43 %; nitrogen-free extract 29 %; low fat: 47, 27 and 25 %;
low carbohydrate (LC): 45, 48 and 7%, were tested in a 3
£
3 Latin square design. Nine healthy normal-weight cats were randomly assigned
to each of the diets in a random order at intervals of 3 weeks. At the end of each testing period, intravenous glucose tolerance tests were performed.
Plasma glucose concentrations and area under the glucose curve showed no differences. Area under the insulin curve was lower when cats were fed
the LP diet, and the second insulin peak tended to be delayed when the LC diet was fed. In contrast to other studies, in which energy.
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Michael Smyth sued his former employer Pillsbury for wrongful termination. Smyth claims he was fired for sending private email messages over Pillsbury's email system in reliance on their assurances that email would remain confidential. Pillsbury argues that, as an at-will employee, Smyth could be fired without cause. The court must determine if Smyth's termination violates public policy regarding an employee's right to privacy. While Pennsylvania law generally allows at-will termination, exceptions exist for terminations that threaten clear public policy mandates. Smyth claims his termination violated public policy protecting privacy in email communications.
This document summarizes key issues in removing bad faith litigation from state to federal court, including improper joinder and establishing the amount in controversy. It also discusses procedural issues like concurrent litigation, choice of law analyses, and enforcing or ignoring choice of law clauses in insurance contracts. The document is from a national forum on bad faith claims and litigation, and provides an overview of removal procedures and the tests used to determine improper joinder or the applicability of state versus federal law.
Plaintiff Phillip Lee Walters filed a motion to remand a negligence lawsuit back to state court that was removed to federal court by defendants Samuel Patterson and Keen Transport based on diversity jurisdiction. The plaintiff argues that removal was improper because the defendants did not establish that the amount in controversy exceeds $75,000, as is required for diversity jurisdiction. The plaintiff notes that the complaint does not specify a damages amount and contends that the defendants rely only on unsupported assumptions to claim the threshold is met rather than providing evidence, as is required. The plaintiff requests that the case be remanded back to state court due to lack of federal jurisdiction.
Defending Against Tenant’s Warranty of Habitability Claim and Other Defenses Adam Leitman Bailey, P.C.
The document discusses various defenses that can be used against a tenant's claim for a rent abatement due to a landlord breaching the warranty of habitability. It outlines 11 defenses including the tenant failing to provide access to make repairs, electing other remedies like a rent reduction from the housing authority, and failing to notify the landlord of issues. It also notes that abatements do not apply to personal property damage, conditions caused by the tenant, or non-residential leases. Landlords cannot defend against abatement claims by arguing they are a special entity like a city or co-op. The document provides case examples to illustrate different defenses.
This memorandum supports plaintiff Carol Broad's motion for a preliminary injunction to prevent defendant Herb Hancock from demolishing and reconstructing his property. The memorandum argues that Broad is likely to succeed on the merits because Hancock's construction plans violate the governing documents of their homeowners association and Broad's express easement for air and light. It asserts that Broad will suffer irreparable harm without an injunction and that the balance of hardships weighs in her favor. The memorandum concludes that both a preliminary and permanent injunction should be granted to prevent Hancock from breaching the covenant and violating Broad's property rights.
The document discusses the legal requirements for consideration in contracts. It defines consideration as a benefit to one party or detriment to the other. Consideration must be provided by the promisee and can be in the form of an act, promise, or forbearance of a legal right. Consideration does not need to be adequate in value, only sufficient. Exceptions exist for past consideration and certain duties imposed by law or existing contracts when extra benefits are provided.
The decision by the U.S. District Court for the Southern District of Ohio. EQT had leased land from Alex Cooper, et al with an initial five-year term. The lease provided for a five-year extension. It also required EQT to drill at least one well on/under the property during the first five-year lease. EQT failed to drill a well in the first term but instead elected to extend the lease for an additional five years. The federal judge found that EQT has the right to extend the lease even if they didn't drill a well during the first term.
This document discusses a bankruptcy court case regarding the sale of an internet domain name. The key points are:
1) The debtor (Heath Global) had agreed to purchase the "Invest.com" domain name from Jim Magner for $2 million in installments over two years.
2) After Heath Global missed an installment payment, Magner sent a notice purporting to terminate the agreement based on a clause allowing termination if a payment was not cured within 7 days.
3) Before the 7-day cure period expired, Heath Global filed for bankruptcy. The bankruptcy court found the agreement had automatically terminated pre-petition.
4) On appeal, the district court found that the agreement
Similar to Brief a case in one page for a bussniess law homework 3 Cal.3d 1.docx (20)
Can you write these 2 art history questions I uploaded 2 pictures f.docxchestnutkaitlyn
Can you write these 2 art history questions? I uploaded 2 pictures for this question
I uploaded two pictures, see the picture files and focus on only this pic that is the topic of this art.
And all answers are should be separated!!
The words should be 80-150 words each section.
No plagiarism!
1. Sarcophagus of Junius Bassus, from Rome, Italy
1
.
Description
-
describe what you see- imagine that the person you are describing it to is not there or is blind.
How will you make the work of art visible through verbal description?
2
.
Summary this text
- summarize
this
text
what i wrote on this question!!
you think are the most important pieces of information that you gleaned from the textbook- read the book closely and put it in your own words.
- Summary this ->
JUNIUS BASSUS SARCOPHAGUS Another pagan convert to Christianity was the city prefect of Rome, Junius Bassus, who, according to the inscription on his sarcophagus (FIG. 8-7), was baptized just before he died in 359. The sarcophagus is of eclectic format—decorated only on three sides in the western Roman manner (see Chapter 7), but divided into two registers of five compartments, each framed by columns in the tradition of Asiatic sarcophagi (FIG. 7-61). In contrast to the Santa Maria Antiqua sarcophagus (FIG. 8-6), the deceased does not appear on the body of the coffin. Instead, stories from the Old and New Testaments fill the niches. Christ has pride of place and appears in the central compartment of each register: as a teacher enthroned between his chief apostles, Saints Peter and Paul (above), and triumphantly entering Jerusalem on a donkey (below). Appropriately, the sculptor placed the scene of Christ’s heavenly triumph above that of his earthly triumph. Both compositions owe a great deal to official Roman art. In the center of the upper zone, Christ, like an enthroned Roman emperor, sits above a personification of the sky god holding a billowing mantle over his head, indicating that Christ is ruler of the universe. The scene below derives from portrayals of Roman emperors entering cities on horseback, but Christ’s steed and the absence of imperial attributes contrast sharply with the imperial models the sculptor used as compositional sources. All of the Old Testament scenes on the Junius Bassus sarcophagus are precursors of New Testament events (see “Jewish Subjects in Christian Art,” page 213). Adam and Eve, for example, are in the second niche from the left on the lower level. Their Original Sin of eating the apple in the Garden of Eden ultimately necessitated Christ’s sacrifice for the salvation of humankind. To the right of the entry into Jerusalem is Daniel, unscathed by flanking lions, saved by his faith. At the upper left, Abraham is about to sacrifice Isaac. Christians believe this Old Testament story was a prefiguration of God’s sacrifice of his own son, Jesus. The Crucifixion itself, however, does not appear on the Junius Bassus sarcophagus. Indeed, th.
Can you write the Annotation 2 for me, please I choose Energy sou.docxchestnutkaitlyn
Can you write the Annotation 2 for me, please? I choose Energy source of Children This is my topic.
You have to put work cited first and after that you have to write 150 words summary wath two qouts from the essay and after that you have to write your opinion for gust one to two lines. After that you have to write Two questions about that summery no yes or no. You can choose two questions of How, What,Where, Why, When. this is my order. You have to read this essay I will put to you because you have to read this resoerc. You have to put two of he said "............................................" with page number , and second he said, "......................................." with his last name and page number.
I took these information from my college website and you have to read it.
Works Cited
Verbrugghe, Adronie, et al. "The Glucose and Insulin Response to Isoenergetic Reduction of Dietary Energy Sources in a True Carnivore: The Domestic Cat (Felis Catus)."
The British journal of nutrition
104.2 (2010): 214-21.
ProQuest.
Web. 24 Sep. 2014.
The glucose and insulin response to isoenergetic reduction of dietary energy
sources in a true carnivore: the domestic cat (
Felis catus
)
Adronie Verbrugghe
1
*, Myriam Hesta
1
, Stephanie Van Weyenberg
1
, Georgios A. Papadopoulos
1
,
Kris Gommeren
2
, Sylvie Daminet
2
, Tim Bosmans
2
, Ingeborgh Polis
2
, Johan Buyse
3
and Geert P. J. Janssens
1
1
Laboratory of Animal Nutrition, Faculty of Veterinary Medicine, Ghent University, Heidestraat 19, B-9820 Merelbeke, Belgium
2
Department of Small Animal Medicine, Faculty of Veterinary Medicine, Ghent University, Salisburylaan 133, B-9820 Merelbeke,
Belgium
3
Laboratory of Livestock Physiology, Immunology and Genetics of Domestic Animals, Department of Biosystems, K.U. Leuven,
Kasteelpark Arenberg 30, B-3001 Heverlee, Belgium
(Received 11 August 2009 – Revised 12 January 2010 – Accepted 13 January 2010 – First published online 2 March 2010)
The present study assessed the effect of separate reduction of each energy-delivering nutrient – protein, fat and carbohydrate – on glucose
tolerance and insulin response in a strict carnivore: the domestic cat (
Felis catus
). Three isoenergetic, home-made diets with the following
energetic distribution, low protein (LP): protein 28% of metabolisable energy; fat 43 %; nitrogen-free extract 29 %; low fat: 47, 27 and 25 %;
low carbohydrate (LC): 45, 48 and 7%, were tested in a 3
£
3 Latin square design. Nine healthy normal-weight cats were randomly assigned
to each of the diets in a random order at intervals of 3 weeks. At the end of each testing period, intravenous glucose tolerance tests were performed.
Plasma glucose concentrations and area under the glucose curve showed no differences. Area under the insulin curve was lower when cats were fed
the LP diet, and the second insulin peak tended to be delayed when the LC diet was fed. In contrast to other studies, in which energy.
Can you write the Annotation one for me, please I choose Energy sou.docxchestnutkaitlyn
Can you write the Annotation one for me, please? I choose Energy source of Children This is my topic.
You have to put work cited first and after that you have to write 150 words summary and after that you have to write your opinion for gust one to two lines. After that you have to write Two questions about that summery no yes or no. You can choose two questions of How, What,Where, Why, When. this is my order. You have to read this essay I will put to you because you have to read this resoerc.
I took these information from my college website and these are four pages you have to read. You will see the file with work cited and I put some explain to you.
T h e J o u r n a l o f D e v e l o p i n g A r e a s
Volume 48 No. 4 Fall 2014
INTERACTIONS AMONG POVERTY, ACCESS TO MODERN ENERGY SOURCES, AND GENDER IN NIGERIA
Fidelis O. Ogwumike
University of Ibadan, Nigeria
Uche M. Ozughalu
University of Nigeria, Nigeria
ABSTRACT
This study examines the interactions among poverty, access to modern energy sources and gender in Nigeria. Descriptive statistics and logistic regression technique are used. The 2010 Nigeria Living Standard Survey data set obtained from the National Bureau of Statistics is used. The findings of the study show, among other things, that contrary to what happens in many countries of the world, both incidences of poverty and lack of access to modern energy sources are more pronounced among male-headed households than among female-headed households. The logistic regression estimates show, among other things, that poverty reduces the odds in favor of having access to modern energy sources and while female headship of household reduces the odds in favor of being in poverty, it increases the odds in favor of having access to modern energy sources. The forgoing should serve as invaluable guide to the Nigerian government and policy makers.
JEL Classifications:
D10, I32, J16, Q43, R20
Keywords:
Poverty, Modern Energy Sources, Gender, Logit Model, Nigeria
Corresponding Author’s Email Address:
[email protected]
INTRODUCTION
A major socio-economic problem plaguing Nigeria is poverty. In recent times poverty has become pervasive in Nigeria. Associated with the poverty problem in Nigeria is the gross inadequacy in access to modern energy sources. Most Nigerian households use inferior/environmentally harmful sources of energy for cooking and lighting (National Bureau of Statistics, 2005). The use of such inferior sources of energy - like firewood, charcoal, crop residue, animal waste and sawdust - causes environmental pollution which ultimately leads to reduction in health status and productivity.
Both poverty and access to energy sources have gender dimension. Women are said to be more vulnerable to poverty than men. Despite the great role women play in nation-building, they do not receive commensurate economic reward. It is noteworthy that the great role women play in the development process is clearly ref.
Can you write these four art history questions I uploaded a pictu.docxchestnutkaitlyn
1. The coffin of Tutankhamen contains a description of the gold and jewel-encrusted coffin containing the mummified pharaoh Tutankhamen.
2. The principal item found in Tutankhamen's tomb was his innermost golden coffin, made of a quarter ton of gold and inlaid with lapis lazuli, turquoise, and carnelian. It contained a portrait mask of the young king made of gold and jewels.
3. The tomb treasures conveyed grandeur and richness expressing Egyptian power, pride and wealth.
Can you watch one video about Literary and write a summary about tha.docxchestnutkaitlyn
Can you watch one video about Literary and write a summary about that, please? I want 250 words. Can you put the work cited of that video you will watch, please? You can choose any video?
literary events committee and literary Arts club presents
Inky Squib
Event is wheelchair accessible. Accommodation (including interpreative service) is available contact jun white at whiteje butte.edu
Due date is 10/27/2014
.
Can you Help me to create report projectDesign push pull .docxchestnutkaitlyn
Can you Help me to create report project:
Design push pull inverter using 28 nm using short channel analog design
specs :
voltage: 1 v
voltage gain : 200
3dB frequency : 2.5 MHZ
the circuit model (Analog push-pull amplifier) is the ONLY BASIC MODEL IN PAGE 13 lof
chapter 5 ( CMOS circuit design ) by philip allen
,,
Then we must need to add (new modified equations )of short channel ID ( saturation and linear case ) , with Change the Vin in each case
To find W/L Scaling
these new equation ( which contains ( Ec L ) in this referance book 2015
CMOS Digital Integrated Circuits (2015) ,S.M.Kang, Y.leblebici
he need from me the report with hand calculation
.
Can you write four these art history questions i uploaded a pictu.docxchestnutkaitlyn
Can you write four these art history questions? i uploaded a picture for this question
I uploaded a picture, see the picture file and focus on only this pic that is the topic of this art.
The words should be 80-150 words each section.
TOPIC: Lion Gate,Hattusa (modern Boghazköy), Turkey, ca. 1400 bce.
1.Description- describe what you see- imagine that the person you are describing it to is not there or is blind. How will you make the work of art visible through verbal description?
2. Summary
and paraphrase this paragraph
- summarize what you think are the most important pieces of information that you gleaned from the textbook- read the book closely and put it in your own words.
The Hittites conquered and sacked Babylon around 1595 BCE. Their fortified capital at Boghazköy in Anatolia had seven-foot-tall stone lions guarding the main gateway.
LION GATE, HATTUSA The Babylonian Empire toppled in the face of an onslaught by the Hittites, an Anatolian people who conquered and sacked Babylon around 1595 BCE. They then retired to their homeland, leaving Babylon in the hands of the Kassites. Remains of the strongly fortified capital city of the Hittites still may be seen at Hattusa near modern Boghazköy, Turkey. Constructed of large blocks of heavy stone—a striking contrast to the brick architecture of Mesopotamia—the walls and towers of the Hittites effectively protected them from attack. Symbolically guarding the gateway (FIG. 2-18) to the Hattusa citadel are two huge (seven-foothigh) lions. Their simply carved forequarters project from massive stone blocks on either side of the entrance. These Hittite guardian beasts are early examples of a theme that was to be echoed on many Near Eastern gates. Notable are those of Assyria (FIG. 2-21), one of the greatest empires of the ancient world, and of the reborn Babylon (FIG. 2-24) in the first millennium BCE. But the idea of protecting a city, palace, temple, or tomb from evil by placing wild beasts or fantastic monsters before an entranceway was not unique to the Near Eastern world. Examples abound in Egypt, Greece, Italy, and elsewhere.
3. Research- go online and find additional information about the image and provide the links for that information for your peers. Make sure to summarize and do not simply cut and paste or give us just the URLs.
4. Contemporary Culture- relate the theme to something that you find in our current visual vernacular on popular culture - Why is this image relevant today?
.
Can you please help on this Give some ideasAssignment—Reflecti.docxchestnutkaitlyn
Can you please help on this? Give some ideas?
Assignment—Reflection on Diversity
Choose one of the following topics to discuss. Reflect upon your chosen topic in a one- to two-page essay, double-spaced, in APA format. Make sure to include a title page. Based on the topic you choose, describe what the experience was like, how it made you feel and think, and what you learned from it. Connect your discussion to at least three concepts, examples, and/or quotes from the course readings or lectures.
1.
Explore a time when you felt like "other"—when you were made to feel invisible, excluded, or too visible.
2.
Explore a time when you perceived someone or some group as "other" (when you noticed someone or some group was outside or excluded).
3.
Explore a time when a connection was made between you and an "other."
and
Your assignment is to write a brief two- to three-page essay paper, double-spaced, on the importance of understanding cultural, ethnic, and gender differences by managers and professionals in a business setting. Connect your observations and ideas to the materials and readings covered so far in the class. Don't forget to include your experience with the ball and sock experiment in your paper, and be sure to relate the experiment to the importance of understanding diversity and applying this knowledge in the workplace. Please follow APA formatting requirements for this assignment, including a title page, and proofread to be sure that you have no spelling or grammatical errors.
.
Can someone please help me out I had posted this paper over a week .docxchestnutkaitlyn
Can someone please help me out? I had posted this paper over a week ago to have done by tonight. an individual had responded, I paid a $15 down payment and they never completed it and I can not seem to find them online any more. I am in desperate need of some help. Please help me. I can not pay anything until Thursday.
For your third Individual Project, you will be writing
an essay of 1,000 words or more about two additional poems from the assigned reading list
. Please select two works from the list of fifteen—excluding the one you already reflected on in Part A of the Phase 3 DB assignment—and answer the questions below. Again, be sure to begin your paper with an engaging introduction and clear thesis statement, develop each point in the body of your paper using examples and quotes from the poems, and conclude your paper with a restatement of your thesis and closing remarks. Also, make sure you maintain your credibility by including in-text citations and a reference list correctly formatted in APA style.
Imagery: What visual images can you identify in both poems? Comment on the details you notice about objects, places, people, colors, textures and so forth. Which of your other senses are stimulated by the poets’ descriptions?
Figures of Speech: List the specific metaphors, similes, puns and other figures of speech each poet uses and how they contribute to the poem’s overall meaning. (Remember, figurative language is not literal but rather suggestive of something else. For example, the metaphor, “Jack is a pig,” is not a reference to an actual animal with hooves but rather someone named Jack who has pig-like qualities or mannerisms.)
Symbolism: Identify the symbols you notice in each poem. What abstract concepts (e.g., love, death, truth) might the concrete objects (e.g., persons, places, things) suggest?
Language and Word Choice: Every word in a poem has been included (or left out) after much deliberation, as poets choose their words very carefully. Remark on the following in each poem: Does the poet use informal or formal language? Does he or she write in an older dialect or contemporary English? Provide examples.
Tone: What tone does each poet take (e.g., sad, humorous, sarcastic, loving, etc.) toward his or her subject matter?
Themes: What are the main messages of both poems? Give reasons for your answers.
Sound: Read both poems aloud. What do you notice about their rhythms, rhyme schemes and musicality? How does listening to the sound of a poem differ from merely reading it as words on a page?
Final Thoughts: Poetry can enlighten and/or evoke deep emotion in readers. Express the impact each of the two poems you have analyzed for this assignment had on you. What insights did you gain about life or human nature, and what feelings did each piece stir in you? Has your view of poetry changed in any way since reading and analyzing the Phase 3 poems? Explain your answer
.
Can someone please do my assignment for me its a Education classCr.docxchestnutkaitlyn
Can someone please do my assignment for me its a Education class
Creative Teaching: Designing Culturally Relevant Instruction
For the Final Project, you will assume the role of a classroom teacher applying for a $10,000 Teacher Creativity Fellowship Grant. This award provides financial resources to teachers, which allows the recipient to spend time during the summer months developing an instructional experience that will be implemented and evaluated during the upcoming fall semester. This year’s grant recipients are awarded funding on the condition they develop instructional experiences and programs to support the learning of 21st century skills, specifically, creative and innovative skills.
To further prepare for your Final Project, imagine you teach in a culturally diverse school, and you recognize a need to develop more culturally relevant instructional experiences that promote creative and innovative thinking. After carefully examining the information in the request for proposal for the grant described above, you realize the funding awards are based on the clarity and details of a ten-part form submitted for evaluation. After careful deliberation, you decide to apply for the grant to finance your time and help you obtain the resources needed to develop the proposed instructional experiences. A primary component of your plan requires consideration of the culture and specific needs of each child enrolled in your class (or one of your classes) for the upcoming semester.
Writing the Final Project
Create your Final Project to meet the content and written communication expectations below. The content expectations include the ten parts of the request for proposal. If you have questions about the expectations for this assignment, use the Ask Your Instructor discussion section in the left-navigation pane of your course.
Content Expectations:
Part I: Audience and Rationale (1 point): Write an overview of the class and target population, including the age range, grade and/or subject area, and other relevant attributes of the culture in which school is situated.
Part II: Outcomes (1 point): List the instructional outcomes (i.e., learning objectives) of the instructional experience including (a) Content Outcomes, (b) 21st century skills with an emphasis on creativity and innovation and the International Society for Technology in Education technology skills, and (c) cultural competencies explicitly facilitated within the planned learning experience.
Part III: Assessment (1 point): Describe how you will measure the degree to which the learners have acquired your targeted outcomes. You do not need to develop the assessments, just describe what they would be in some detail.
Part IV. Context Description (2 points): Describe the nature of the overall instructional context established by addressing (a) creativity (i.e., learners involved in making or creating something), (b) problem solving (i.e., overall activity focuses on solving a specific or ill-defin.
C19 07/14/2011 11:18:53 Page 187
19CHAPTER NINETEEN
Project Reviews
Subbu Murthy
T
HE PURPOSE OF PROJECT reviews depends on the project life cycle (see
Figure 19.1). Understanding the purpose of a review is as important as the
review itself. In the early stages of the project, reviews are typically held to
assess the project impact across the portfolio of other projects, evaluate alternatives,
and make decisions to continue the project or abandon them.
In the planning stages, reviews are held to assess the project costs, schedule, and
risks. They are also held to establish the high-level scope and interfaces with other
projects and to evaluate resource allocations. The reviews in the early stage and the
planning phase play a key role in prioritizing and sequencing the project.
In the execution stage, reviews are focused on understanding the project specifica-
tions (requirements, design, etc.), assessing the progress of the project, and assessing
project quality.
Postimplementation reviews are also crucial as they serve to assess overall
performance and review the key lessons learned. They also help understand the true
causes of variance. In a majority of IT projects, poor specifications and scope creep are
the two strong determinants of cost and schedule variances.
Project reviews share four characteristics: (1) They are measurable, (2) they have
specific goals, (3) they deliver direct or indirect benefits to customers or stakeholders,
and (4) they are triggered by a specific milestone or a preestablished schedule.
187
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EBSCO Publishing : eBook Collection (EBSCOhost) - printed on 5/3/2020 12:29 PM via STRAYER UNIVERSITY
AN: 391434 ; Lane, Dean.; The Chief Information Officer's Body of Knowledge : People, Process, and Technology
Account: strayer.main.eds-live
C19 07/14/2011 11:18:53 Page 188
CONCEPTS
Every review must have a purpose, and the purpose must be aligned to the specific
project needs. In addition to identifying the purpose of the review, some of the
fundamental aspects of a project review to consider are the frequency of the review
(weekly versus monthly or quarterly), granularity (detailed versus high level), and
whether reviews are scheduled (weekly, monthly, quarterly) or event driven (such as
completion of a project milestone). The audience for the project review depends on the
purpose of the review. Management, technical architects, developers, quality assurance
personnel, users, finance, and other functions may have to be involved, depending on
the type of review.
While the frequency of review and granularity of reviews depends on .
Calculate the following TEN financial ratiosQuick RatioInvent.docxchestnutkaitlyn
Calculate
the following TEN financial ratios:
Quick Ratio
Inventory Turnover
Accounts Receivable Turnover
Total Debt Ratio
Debt to Equity Ratio
Gross Profit Margin
Net Profit Margin
Return on Assets (ROA)
Return on Equity (ROE)
Earnings Per Share (EPS)
Write
a summary of your analysis to include the following for
EACH
ratio:
What does the ratio measure?
How is it calculated?
What is considered a "good" or acceptable figure for the ratio?
What is your calculation for the ratio as it relates to XYZ? Is their result acceptable or not?
.
Calendars are tools that can be assigned to the project and to indiv.docxchestnutkaitlyn
Calendars are tools that can be assigned to the project and to individual resources. The calendars can change the length of the workdays and schedule individual vacations. To work with the calendars, we will:
Change the working and non-working time on Standard Calendar.
Change the working and non-working time on a Resource Calendar.
Create new base calendars.
Assign different base calendars to resources.
Guidelines
Complete Lesson 4.
Print the
Project Summary
Report.
Print the
Gantt Chart View
. (Include only those columns up to and including the Finish Date column and the Gantt chart. Print this on two pages wide.)
Print the
Who Does What When
Report. (Print this on three pages.)
Print the
Task
Usage
Report.
Deliverables
All of the following deliverables are required (in a zip file) in order to receive full credit:
Completed MyLab4_XXX.mpp
Completed Review Questions
Printouts/Screenshots contained in Week_4_Printouts_XXX.docx
.
Call to Action Review The Surgeon General’s Vision for a Hea.docxchestnutkaitlyn
Call to Action
Review
The Surgeon General’s Vision for a Healthy and Fit Nation 2010
. Then, locate a news article or video related to obesity. Identify the source and evaluate the impact of the report, in relation to the media attention and focus on the topic of obesity. How did the report and media coverage create a sense of urgency to move the audience from complacency to action? In what ways do persuasive arguments and presentations directed toward general audiences create a call to action for reform?
Your initial post should be at least 250 words in length. Support your claims with examples from required material(s) and/or other scholarly sources, and properly cite any references. Respond to at least two of your classmates’ posts by Day 7.
.
By Saturday, November 8, 2014, of Module 2, post in the .docxchestnutkaitlyn
By
Saturday, November 8, 2014
, of
Module 2
, post
in the
Discussion Area
at least one current-day advertisement where the
Argument by Authority
fallacy is present. Describe the syllogism that makes this a fallacy. Take care to be certain that you post an
Argument by Authority
fallacy only
.
.
can i get a quote. i got one from barzzy but she never replied.docxchestnutkaitlyn
can i get a quote. i got one from barzzy but she never replied
At this point we know the following about male and female salaries.
a.
Male and female overall average salaries are not equal in the population.
b.
Male and female overall average compas are equal in the population, but males are a bit more spread out.
c.
The male and female salary range are almost the same, as is their age and service.
d.
Average performance ratings per gender are equal.
Let's look at some other factors that might influence pay - education(degree) and performance ratings.
1
Last week, we found that average performance ratings do not differ between males and females in the population.
Now we need to see if they differ among the grades. Is the average performace rating the same for all grades?
(Assume variances are equal across the grades for this ANOVA.)
You can use these columns to place grade Perf Ratings if desired.
A
B
C
D
E
F
Null Hypothesis:
Alt. Hypothesis:
Place
B17 in Outcome range box.
Interpretation:
What is the p-value:
Is P-value < 0.05?
Do we REJ or Not reject the null?
If
the null hypothesis was rejected, what is the effect size value (eta squared):
Meaning of effect size measure:
What does that decision mean in terms of our equal pay question:
2
While it appears that average salaries per each grade differ, we need to test this assumption.
Is the average salary the same for each of the grade levels? (Assume equal variance, and use the analysis toolpak function ANOVA.)
Use the input table to the right to list salaries under each grade level.
Null Hypothesis:
If desired, place salaries per grade in these columns
Alt. Hypothesis:
A
B
C
D
E
F
Place
B55 in Outcome range box.
What is the p-value:
Is P-value < 0.05?
Do you reject or not reject the null hypothesis:
If
the null hypothesis was rejected, what is the effect size value (eta squared):
Meaning of effect size measure:
Interpretation:
3
The table and analysis below demonstrate a 2-way ANOVA with replication.
Please interpret the results.
BA
MA
Ho: Average compas by gender are equal
Male
1.017
1.157
Ha: Ave.
Can anyone do this assignment in 5 hours by 11pm for 40 dollars plea.docxchestnutkaitlyn
Can anyone do this assignment in 5 hours by 11pm for 40 dollars please
You are the assistant director of human resources. Janice Marshall has asked you to review the Code of Ethics to determine if John has violated its provisions. You are to prepare a paper that addresses the following:
1. Evaluate International Widgets' Code of Ethics at the conclusion of the You Decide scenario. Do any provisions prohibit John's behavior? Please explain.
2. In addition to a possible ethics violation, could International Widgets pursue other legal avenues against John and/or its competitor? Review your textbook and library references to assist you in answering these questions.
3. Is John in a fiduciary relationship with International Widgets? Why or why not? Is he an agent of International Widgets? Identify the duties and responsibilities of an agent and whether or not John is fulfilling those obligations. Review your textbook and library references to assist you in answering these questions.
4. What action should Gloria take involving John?
00:00
In this scenario, you will evaluate the Code of Ethics to determine if John Anderson has violated International Widgets' Code of Ethics by engaging in business with a competitor.
00:00
The human resources department worked with management to carefully craft a Code of Ethics. All employees received a copy of the code and were required to sign off stating that they had read the code and agreed to abide by its conditions. If an issue concerning an employee occurs, the human resources department investigates. As the assistant director of human resources, you are asked to evaluate an employee's behavior. You meet with Gloria Smithson to obtain all information needed to begin your investigation.
00:00
Gloria has now been in business for 2 years. Her business is called International Widgets, and she employs more than 300 people in the business headquarters. In the early stages of the business, she created a Code of Ethics to govern employees' behavior. Recently, one of her salespeople, John Anderson, seems to be underperforming. Historically, he has been a stellar employee and salesperson, bringing in new clients every month. However, over the last 6 months, not only has he not brought in any new business, but 30% of his accounts have gone to a competitor. Even with this downturn, John was on the road 5 days a week and continued to submit expense reports. Is this ethical?
00:00
Janice is the director of human resources at International Widgets. Recently, Janice met with Gloria to let her know of a rumor in the company that John was actually steering some of his accounts to a competitor because the competitor gave him a kickback.
00:00
John has been employed by International Widgets for 14 months. He likes his job but was recently approached by a competitor with an offer he could not refuse. The competitor wanted to expand his domestic market and asked John to work with him.
CALL TO ACTIONReview The Surgeon General’s Vision for a Healthy an.docxchestnutkaitlyn
CALL TO ACTION
Review The Surgeon General’s Vision for a Healthy and Fit Nation 2010. Then, locate a news article or video related to obesity. Identify the source and evaluate the impact of the report, in relation to the media attention and focus on the topic of obesity. How did the report and media coverage create a sense of urgency to move the audience from complacency to action? In what ways do persuasive arguments and presentations directed toward general audiences create a call to action for reform?
Your initial post should be at least 250 words in length. Support your claims with examples from required material(s) and/or other scholarly sources, and properly cite any references.
.
By Saturday, November 1, 2014, respond to the discussion questio.docxchestnutkaitlyn
By
Saturday, November 1, 2014
, respond to the discussion question. Submit your responses to the appropriate
Discussion Area
. Use the same
Discussion Area
to comment on your classmates' submissions by
Saturday, November 1, 2014
, and continue the discussion until
Wednesday, November 5, 2014
of the week.
Consider and discuss how the phenomena of prosocial behavior and pure altruism relate to each other and how they differ from each other.
Pure altruism is a specific kind of prosocial behavior where your sole motivation is to help a person in need without seeking benefit for yourself. It is often viewed as a truly selfless form of behavior.
Provide an example each of prosocial behavior and pure altruism.
.
By Tuesday, December 23, 2014, draft a paper that critically ana.docxchestnutkaitlyn
By
Tuesday, December 23, 2014
, draft a paper that critically analyzes a current, domestic or foreign political issue of importance to the United States. Students will (1) identify a current political event to analyze; (2) research and summarize the different approaches to understanding the political issue selected; (3) provide a clear, personal analysis of the issue and an explanation of the core values and assumptions that informs their analysis. The student will be expected to support their discussion with primary texts and from pre-approved secondary sources (including, but not limited to the course text, online lectures, and a list of suggested online resources). Your paper should be 6–8 pages in length and include proper APA citation.
.
Chapter wise All Notes of First year Basic Civil Engineering.pptxDenish Jangid
Chapter wise All Notes of First year Basic Civil Engineering
Syllabus
Chapter-1
Introduction to objective, scope and outcome the subject
Chapter 2
Introduction: Scope and Specialization of Civil Engineering, Role of civil Engineer in Society, Impact of infrastructural development on economy of country.
Chapter 3
Surveying: Object Principles & Types of Surveying; Site Plans, Plans & Maps; Scales & Unit of different Measurements.
Linear Measurements: Instruments used. Linear Measurement by Tape, Ranging out Survey Lines and overcoming Obstructions; Measurements on sloping ground; Tape corrections, conventional symbols. Angular Measurements: Instruments used; Introduction to Compass Surveying, Bearings and Longitude & Latitude of a Line, Introduction to total station.
Levelling: Instrument used Object of levelling, Methods of levelling in brief, and Contour maps.
Chapter 4
Buildings: Selection of site for Buildings, Layout of Building Plan, Types of buildings, Plinth area, carpet area, floor space index, Introduction to building byelaws, concept of sun light & ventilation. Components of Buildings & their functions, Basic concept of R.C.C., Introduction to types of foundation
Chapter 5
Transportation: Introduction to Transportation Engineering; Traffic and Road Safety: Types and Characteristics of Various Modes of Transportation; Various Road Traffic Signs, Causes of Accidents and Road Safety Measures.
Chapter 6
Environmental Engineering: Environmental Pollution, Environmental Acts and Regulations, Functional Concepts of Ecology, Basics of Species, Biodiversity, Ecosystem, Hydrological Cycle; Chemical Cycles: Carbon, Nitrogen & Phosphorus; Energy Flow in Ecosystems.
Water Pollution: Water Quality standards, Introduction to Treatment & Disposal of Waste Water. Reuse and Saving of Water, Rain Water Harvesting. Solid Waste Management: Classification of Solid Waste, Collection, Transportation and Disposal of Solid. Recycling of Solid Waste: Energy Recovery, Sanitary Landfill, On-Site Sanitation. Air & Noise Pollution: Primary and Secondary air pollutants, Harmful effects of Air Pollution, Control of Air Pollution. . Noise Pollution Harmful Effects of noise pollution, control of noise pollution, Global warming & Climate Change, Ozone depletion, Greenhouse effect
Text Books:
1. Palancharmy, Basic Civil Engineering, McGraw Hill publishers.
2. Satheesh Gopi, Basic Civil Engineering, Pearson Publishers.
3. Ketki Rangwala Dalal, Essentials of Civil Engineering, Charotar Publishing House.
4. BCP, Surveying volume 1
A Visual Guide to 1 Samuel | A Tale of Two HeartsSteve Thomason
These slides walk through the story of 1 Samuel. Samuel is the last judge of Israel. The people reject God and want a king. Saul is anointed as the first king, but he is not a good king. David, the shepherd boy is anointed and Saul is envious of him. David shows honor while Saul continues to self destruct.
Elevate Your Nonprofit's Online Presence_ A Guide to Effective SEO Strategies...TechSoup
Whether you're new to SEO or looking to refine your existing strategies, this webinar will provide you with actionable insights and practical tips to elevate your nonprofit's online presence.
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إضغ بين إيديكم من أقوى الملازم التي صممتها
ملزمة تشريح الجهاز الهيكلي (نظري 3)
💀💀💀💀💀💀💀💀💀💀
تتميز هذهِ الملزمة بعِدة مُميزات :
1- مُترجمة ترجمة تُناسب جميع المستويات
2- تحتوي على 78 رسم توضيحي لكل كلمة موجودة بالملزمة (لكل كلمة !!!!)
#فهم_ماكو_درخ
3- دقة الكتابة والصور عالية جداً جداً جداً
4- هُنالك بعض المعلومات تم توضيحها بشكل تفصيلي جداً (تُعتبر لدى الطالب أو الطالبة بإنها معلومات مُبهمة ومع ذلك تم توضيح هذهِ المعلومات المُبهمة بشكل تفصيلي جداً
5- الملزمة تشرح نفسها ب نفسها بس تكلك تعال اقراني
6- تحتوي الملزمة في اول سلايد على خارطة تتضمن جميع تفرُعات معلومات الجهاز الهيكلي المذكورة في هذهِ الملزمة
واخيراً هذهِ الملزمة حلالٌ عليكم وإتمنى منكم إن تدعولي بالخير والصحة والعافية فقط
كل التوفيق زملائي وزميلاتي ، زميلكم محمد الذهبي 💊💊
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This document provides an overview of wound healing, its functions, stages, mechanisms, factors affecting it, and complications.
A wound is a break in the integrity of the skin or tissues, which may be associated with disruption of the structure and function.
Healing is the body’s response to injury in an attempt to restore normal structure and functions.
Healing can occur in two ways: Regeneration and Repair
There are 4 phases of wound healing: hemostasis, inflammation, proliferation, and remodeling. This document also describes the mechanism of wound healing. Factors that affect healing include infection, uncontrolled diabetes, poor nutrition, age, anemia, the presence of foreign bodies, etc.
Complications of wound healing like infection, hyperpigmentation of scar, contractures, and keloid formation.
This presentation was provided by Rebecca Benner, Ph.D., of the American Society of Anesthesiologists, for the second session of NISO's 2024 Training Series "DEIA in the Scholarly Landscape." Session Two: 'Expanding Pathways to Publishing Careers,' was held June 13, 2024.
Leveraging Generative AI to Drive Nonprofit InnovationTechSoup
In this webinar, participants learned how to utilize Generative AI to streamline operations and elevate member engagement. Amazon Web Service experts provided a customer specific use cases and dived into low/no-code tools that are quick and easy to deploy through Amazon Web Service (AWS.)
Philippine Edukasyong Pantahanan at Pangkabuhayan (EPP) CurriculumMJDuyan
(𝐓𝐋𝐄 𝟏𝟎𝟎) (𝐋𝐞𝐬𝐬𝐨𝐧 𝟏)-𝐏𝐫𝐞𝐥𝐢𝐦𝐬
𝐃𝐢𝐬𝐜𝐮𝐬𝐬 𝐭𝐡𝐞 𝐄𝐏𝐏 𝐂𝐮𝐫𝐫𝐢𝐜𝐮𝐥𝐮𝐦 𝐢𝐧 𝐭𝐡𝐞 𝐏𝐡𝐢𝐥𝐢𝐩𝐩𝐢𝐧𝐞𝐬:
- Understand the goals and objectives of the Edukasyong Pantahanan at Pangkabuhayan (EPP) curriculum, recognizing its importance in fostering practical life skills and values among students. Students will also be able to identify the key components and subjects covered, such as agriculture, home economics, industrial arts, and information and communication technology.
𝐄𝐱𝐩𝐥𝐚𝐢𝐧 𝐭𝐡𝐞 𝐍𝐚𝐭𝐮𝐫𝐞 𝐚𝐧𝐝 𝐒𝐜𝐨𝐩𝐞 𝐨𝐟 𝐚𝐧 𝐄𝐧𝐭𝐫𝐞𝐩𝐫𝐞𝐧𝐞𝐮𝐫:
-Define entrepreneurship, distinguishing it from general business activities by emphasizing its focus on innovation, risk-taking, and value creation. Students will describe the characteristics and traits of successful entrepreneurs, including their roles and responsibilities, and discuss the broader economic and social impacts of entrepreneurial activities on both local and global scales.
Philippine Edukasyong Pantahanan at Pangkabuhayan (EPP) Curriculum
Brief a case in one page for a bussniess law homework 3 Cal.3d 1.docx
1. Brief a case in one page for a bussniess law homework
3 Cal.3d 176 (1970)
474 P.2d 689
89 Cal. Rptr. 737
SHIRLEY MacLAINE PARKER, Plaintiff and Respondent,
v.
TWENTIETH CENTURY-FOX FILM CORPORATION,
Defendant and Appellant.
Docket No. L.A. 29705.
Supreme Court of California. In Bank.
September 30, 1970.
179
*179
COUNSEL
Musick, Peeler & Garrett and Bruce A. Bevan, Jr., for
Defendant and Appellant.
Benjamin Neuman for Plaintiff and Respondent.
OPINION
BURKE, J.
Defendant Twentieth Century-Fox Film Corporation appeals
from a summary judgment granting to plaintiff the recovery of
agreed compensation under a written contract for her services as
an actress in a motion picture. As will appear, we have
concluded that the trial court correctly ruled in plaintiff's favor
and that the judgment should be affirmed.
Plaintiff is well known as an actress, and in the contract
between plaintiff and defendant is sometimes referred to as the
"Artist." Under the contract, dated August 6, 1965, plaintiff was
to play the female lead in defendant's contemplated production
of a motion picture entitled "Bloomer Girl." The contract
provided that defendant would pay plaintiff a minimum
"guaranteed compensation" of $53,571.42 per week for 14
weeks commencing May 23, 1966, for a total of $750,000. Prior
to May 1966 defendant decided not to produce the picture and
2. by a letter dated April 4, 1966, it notified plaintiff of that
decision and that it would not "comply with our obligations to
you under" the written contract.
By the same letter and with the professed purpose "to avoid any
damage to you," defendant instead offered to employ plaintiff as
the leading actress in another film tentatively entitled "Big
Country, Big Man" (hereinafter, "Big Country"). The
compensation offered was identical, as were 31 of
180
*180
the 34 numbered provisions or articles of the original contract.
[1]
Unlike "Bloomer Girl," however, which was to have been a
musical production, "Big Country" was a dramatic "western
type" movie. "Bloomer Girl" was to have been filmed in
California; "Big Country" was to be produced in Australia.
Also, certain terms in the proffered contract varied from those
of the original.
[2]
Plaintiff was given one week within which to accept; she did
not and the offer lapsed. Plaintiff then commenced this action
seeking recovery of the agreed guaranteed compensation.
The complaint sets forth two causes of action. The first is for
money due under the contract; the second, based upon the same
allegations as the first, is for damages resulting from
defendant's breach of contract. Defendant in its answer admits
the existence and validity of the contract, that plaintiff
complied with all the conditions, covenants and promises and
stood ready to complete the performance, and that defendant
breached and "anticipatorily repudiated" the contract. It denies,
however, that any money is due to plaintiff either under the
contract or as a result of its breach, and pleads as an affirmative
defense to both causes of action plaintiff's
181
*181
allegedly deliberate failure to mitigate damages, asserting that
3. she unreasonably refused to accept its offer of the leading role
in "Big Country."
Plaintiff moved for summary judgment under Code of Civil
Procedure section 437c, the motion was granted, and summary
judgment for $750,000 plus interest was entered in plaintiff's
favor. This appeal by defendant followed.
(1a) The familiar rules are that the matter to be determined by
the trial court on a motion for summary judgment is whether
facts have been presented which give rise to a triable factual
issue. The court may not pass upon the issue itself. (2)
Summary judgment is proper only if the affidavits or
declarations
[3]
in support of the moving party would be sufficient to sustain a
judgment in his favor and his opponent does not by affidavit
show facts sufficient to present a triable issue of fact. The
affidavits of the moving party are strictly construed, and doubts
as to the propriety of summary judgment should be resolved
against granting the motion. Such summary procedure is drastic
and should be used with caution so that it does not become a
substitute for the open trial method of determining facts. (3)
The moving party cannot depend upon allegations in his own
pleadings to cure deficient affidavits, nor can his adversary rely
upon his own pleadings in lieu or in support of affidavits in
opposition to a motion; however, a party can rely on his
adversary's pleadings to establish facts not contained in his own
affidavits. (
Slobojan
v.
Western Travelers Life Ins. Co.
(1969) 70 Cal.2d 432, 436-437 [74 Cal. Rptr. 895, 450 P.2d
271]
; and cases cited.) (1b) Also, the court may consider facts
stipulated to by the parties and facts which are properly the
subject of judicial notice. (
Ahmanson Bank & Trust Co.
4. v.
Tepper
(1969) 269 Cal. App.2d 333, 342 [74 Cal. Rptr. 774]
;
Martin
v.
General Finance Co.
(1966) 239 Cal. App.2d 438, 442 [48 Cal. Rptr. 773]
;
Goldstein
v.
Hoffman
(1963) 213 Cal. App.2d 803, 814 [29 Cal. Rptr. 334]
;
Thomson
v.
Honer
(1960) 179 Cal. App.2d 197, 203 [3 Cal. Rptr. 791]
.)
As stated, defendant's sole defense to this action which resulted
from its deliberate breach of contract is that in rejecting
defendant's substitute offer of employment plaintiff
unreasonably refused to mitigate damages.
(4) The general rule is that the measure of recovery by a
wrongfully discharged employee is the amount of salary agreed
upon for the period of service, less the amount which the
employer affirmatively proves the employee has earned or with
reasonable effort might have earned from other employment. (
W.F. Boardman Co.
v.
Petch
(1921) 186 Cal. 476, 484
182
*182
[199 P. 1047]
;
5. De Angeles
v.
Roos Bros., Inc.
(1966) 244 Cal. App.2d 434, 441-442 [52 Cal. Rptr. 783]
;
de la
Falaise
v.
Gaumont-British Picture Corp.
(1940) 39 Cal. App.2d 461, 469 [103 P.2d 447],
and cases cited; see also
Wise
v.
Southern Pac. Co.
(1970) 1 Cal.3d 600, 607-608 [83 Cal. Rptr. 202, 463 P.2d 426]
.)
[4]
(5) However, before projected earnings from other employment
opportunities not sought or accepted by the discharged
employee can be applied in mitigation, the employer must show
that the other employment was comparable, or substantially
similar, to that of which the employee has been deprived; the
employee's rejection of or failure to seek other available
employment of a different or inferior kind may not be resorted
to in order to mitigate damages. (
Gonzales
v.
Internat. Assn. of Machinists
(1963) 213 Cal. App.2d 817, 822-824 [29 Cal. Rptr. 190]
;
Harris
v.
Nat. Union etc. Cooks, Stewards
(1953) 116 Cal. App.2d 759, 761 [254 P.2d 673]
;
Crillo
6. v.
Curtola
(1949) 91 Cal. App.2d 263, 275 [204 P.2d 941]
;
de la
Falaise
v.
Gaumont-British Picture Corp., supra,
39 Cal. App.2d 461, 469
;
Schiller
v.
Keuffel & Esser Co.
(1963) 21 Wis.2d 545 [124 N.W.2d 646, 651]
; 28 A.L.R. 736, 749; 22 Am.Jur.2d, Damages, §§ 71-72, p.
106.)
In the present case defendant has raised no issue of
reasonableness of efforts
by plaintiffs to obtain other employment; the sole issue is
whether plaintiff's refusal of defendant's substitute offer of "Big
Country" may be used in mitigation. Nor, if the "Big Country"
offer was of employment different or inferior when compared
with the original "Bloomer Girl" employment, is there an issue
as to whether or not plaintiff acted reasonably in refusing the
substitute offer. Despite defendant's arguments to the contrary,
no case cited or which our research has discovered holds or
suggests that reasonableness is an element of a wrongfully
discharged employee's option to reject, or fail to seek, different
or inferior employment lest the possible earnings therefrom be
charged against him in mitigation of damages.
[5]
183
*183
(6) Applying the foregoing rules to the record in the present
case, with all intendments in favor of the party opposing the
summary judgment motion — here, defendant — it is clear that
7. the trial court correctly ruled that plaintiff's failure to accept
defendant's tendered substitute employment could not be
applied in mitigation of damages because the offer of the "Big
Country" lead was of employment both different and inferior,
and that no factual dispute was presented on that issue. The
mere circumstance that "Bloomer Girl" was to be a musical
review calling upon plaintiff's talents as a dancer as well as an
actress, and was to be produced in the City of Los Angeles,
whereas "Big Country" was a straight dramatic role in a
"Western Type" story taking place in an opal mine in Australia,
demonstrates the difference in kind between the two
employments; the female lead as a dramatic actress in a western
style motion picture can by no stretch of imagination be
considered the equivalent of or substantially similar to the lead
in a song-and-dance production.
184
*184
(7) Additionally, the substitute "Big Country" offer proposed to
eliminate or impair the director and screenplay approvals
accorded to plaintiff under the original "Bloomer Girl" contract
(see fn. 2,
ante
), and thus constituted an offer of inferior employment. No
expertise or judicial notice is required in order to hold that the
deprivation or infringement of an employee's rights held under
an original employment contract converts the available "other
employment" relied upon by the employer to mitigate damages,
into inferior employment which the employee need not seek or
accept. (See
Gonzales
v.
Internat. Assn. of Machinists, supra,
213 Cal. App.2d 817, 823-824
; and fn. 5,
post.
)
8. (8) Statements found in affidavits submitted by defendant in
opposition to plaintiff's summary judgment motion, to the effect
that the "Big County" offer was not of employment different
from or inferior to that under the "Bloomer Girl" contract,
merely repeat the allegations of defendant's answer to the
complaint in this action, constitute only conclusionary
assertions with respect to undisputed facts, and do not give rise
to a triable factual issue so as to defeat the motion for summary
judgment. (See
Colvig
v.
KSFO
(1964) 224 Cal. App.2d 357, 364 [36 Cal. Rptr. 701]
;
Dashew
v.
Dashew Business Machines, Inc.
(1963) 218 Cal. App.2d 711, 715 [32 Cal. Rptr. 682]
;
Hatch
v.
Bush
(1963) 215 Cal. App.2d 692, 707 [30 Cal. Rptr. 397, 13
A.L.R.3d 503]
;
Barry
v.
Rodgers
(1956) 141 Cal. App.2d 340, 342 [296 P.2d 898]
.)
In view of the determination that defendant failed to present any
facts showing the existence of a factual issue with respect to its
sole defense — plaintiff's rejection of its substitute employment
offer in mitigation of damages — we need not consider
plaintiff's further contention that for various reasons, including
the provisions of the original contract set forth in footnote 1,
9. ante,
plaintiff was excused from attempting to mitigate damages.
The judgment is affirmed.
McComb, J., Peters, J., Tobriner, J., Kaus, J.,
[*]
and Roth, J.,
[*]
concurred.
SULLIVAN, Acting C.J.
The basic question in this case is whether or not plaintiff acted
reasonably in rejecting defendant's offer of alternate
employment. The answer depends upon whether that offer
(starring in "Big Country, Big Man") was an offer of work that
was substantially similar to her former employment (starring in
"Bloomer Girl") or of work that was of a different or inferior
kind. To my mind this is a factual issue which the trial court
should not have determined on a motion for summary
judgment.
185
*185
The majority have not only repeated this error but have
compounded it by applying the rules governing mitigation of
damages in the employer-employee context in a misleading
fashion. Accordingly, I respectfully dissent.
The familiar rule requiring a plaintiff in a tort or contract action
to mitigate damages embodies notions of fairness and socially
responsible behavior which are fundamental to our
jurisprudence. Most broadly stated, it precludes the recovery of
damages which, through the exercise of due diligence, could
have been avoided. Thus, in essence, it is a rule requiring
reasonable conduct in commercial affairs. This general principle
governs the obligations of an employee after his employer has
wrongfully repudiated or terminated the employment contract.
Rather than permitting the employee simply to remain idle
during the balance of the contract period, the law requires him
to make a reasonable effort to secure other employment.
10. [1]
He is not obliged, however, to seek or accept any and all types
of work which may be available. Only work which is in the
same field and which is of the same quality need be accepted.
[2]
Over the years the courts have employed various phrases to
define the type of employment which the employee, upon his
wrongful discharge, is under an obligation to accept. Thus in
California alone it has been held that he must accept
employment which is "substantially similar" (
Lewis
v.
Protective Security Life Ins. Co.
(1962) 208 Cal. App.2d 582, 584 [25 Cal. Rptr. 213]
;
de la
Falaise
v.
Gaumont-British Picture Corp.
(1940) 39 Cal. App.2d 461, 469 [103 P.2d 447]
); "comparable employment" (
Erler
v.
Five Points Motors, Inc.
(1967) 249 Cal. App.2d 560, 562 [57 Cal. Rptr. 516]
;
Harris
v.
Nat. Union etc. Cooks, Stewards
(1953) 116 Cal. App.2d 759, 761 [254 P.2d 673]
); employment "in the same general line of the first
employment" (
Rotter
v.
Stationers Corp.
(1960) 186 Cal. App.2d 170, 172 [8 Cal. Rptr. 690]
11. ); "equivalent to his prior position" (
De Angeles
v.
Roos Bros., Inc.
(1966) 244 Cal. App.2d 434, 443 [52 Cal. Rptr. 783]
); "employment in a similar capacity" (
Silva
v.
McCoy
(1968) 259 Cal. App.2d 256, 260
186
*186
[66 Cal. Rptr. 364]
); employment which is "not ... of a different or inferior
kind...." (
Gonzales
v.
Internat. Assn. of Machinists
(1963) 213 Cal. App.2d 817, 822 [29 Cal. Rptr. 190]
.)
[3]
For reasons which are unexplained, the majority cite several of
these cases yet select from among the various judicial
formulations which they contain one particular phrase, "Not of a
different or inferior kind," with which to analyze this case. I
have discovered no historical or theoretical reason to adopt this
phrase, which is simply a negative restatement of the
affirmative standards set out in the above cases, as the exclusive
standard. Indeed, its emergence is an example of the dubious
phenomenon of the law responding not to rational judicial
choice or changing social conditions, but to unrecognized
changes in the language of opinions or legal treatises.
[4]
However, the phrase is a serviceable one and my concern is not
with its use as the standard but rather with what I consider its
distortion.
12. The relevant language excuses acceptance only of employment
which is of a
different kind.
(
Gonzales
v.
Internat. Assn. of Machinists, supra,
213 Cal. App.2d 817, 822
;
Harris
v.
Nat. Union etc. Cooks, Stewards, supra,
116 Cal. App.2d 759, 761
;
de la
Falaise
v.
Gaumont-British Picture Corp., supra,
39 Cal. App.2d 461, 469
.) It has never been the law that the mere existence of
differences between two jobs in the same field
is sufficient, as a matter of law, to excuse an employee
wrongfully discharged from one from accepting the other in
order to mitigate damages. Such an approach would effectively
eliminate any obligation of an employee to attempt to
187
*187
minimize damage arising from a wrongful discharge. The only
alternative job offer an employee would be required to accept
would be an offer of his former job by his former employer.
Although the majority appear to hold that there was a difference
"in kind" between the employment offered plaintiff in "Bloomer
Girl" and that offered in "Big Country" (
ante,
at p. 183), an examination of the opinion makes crystal clear
that the majority merely point out differences between the two
13. films
(an obvious circumstance) and then apodically assert that these
constitute a difference in the
kind
of
employment.
The entire rationale of the majority boils down to this: that the
"mere circumstances"
that "Bloomer Girl" was to be a musical review while "Big
Country" was a straight drama "demonstrates the difference in
kind" since a female lead in a western is not "the equivalent of
or substantially similar to" a lead in a musical. This is merely
attempting to prove the proposition by repeating it. It shows
that the vehicles for the display of the star's talents are different
but it does not prove that her employment as a star in such
vehicles is of necessity different
in kind
and either inferior or superior.
I believe that the approach taken by the majority (a superficial
listing of differences with no attempt to assess their
significance) may subvert a valuable legal doctrine.
[5]
The inquiry in cases such as this should not be whether
differences between the two jobs exist (there will always be
differences) but whether the differences which are present are
substantial enough to constitute differences in the
kind
of employment or, alternatively, whether they render the
substitute work employment of an
inferior kind.
It seems to me that
this
inquiry involves, in the instant case at least, factual
determinations which are improper on a motion for summary
judgment. Resolving whether or not one job is substantially
similar to another or whether, on the other hand, it is of a
14. different or inferior kind, will often (as here) require a critical
appraisal of the similarities and differences between them in
light of the importance of these differences to the employee.
This necessitates a weighing of the evidence, and it is precisely
this undertaking which is forbidden on summary judgment. (
Garlock
v.
Cole
(1962) 199 Cal. App.2d 11, 14 [18 Cal. Rptr. 393]
.)
188
*188
This is not to say that summary judgment would never be
available in an action by an employee in which the employer
raises the defense of failure to mitigate damages. No case has
come to my attention, however, in which summary judgment has
been granted on the issue of whether an employee was obliged
to accept available alternate employment. Nevertheless, there
may well be cases in which the substitute employment is so
manifestly of a dissimilar or inferior sort, the declarations of
the plaintiff so complete and those of the defendant so
conclusionary and inadequate that no factual issues exist for
which a trial is required. This, however, is not such a case.
It is not intuitively obvious, to me at least, that the leading
female role in a dramatic motion picture is a radically different
endeavor from the leading female role in a musical comedy
film. Nor is it plain to me that the rather qualified rights of
director and screenplay approval contained in the first contract
are highly significant matters either in the entertainment
industry in general or to this plaintiff in particular. Certainly,
none of the declarations introduced by plaintiff in support of
her motion shed any light on these issues.
[6]
Nor do they attempt to explain why she declined the offer of
starring in "Big Country, Big Man." Nevertheless, the trial court
granted the motion, declaring that these approval rights were
15. "critical" and that their elimination altered "the essential nature
of the employment."
The plaintiff's declarations were of no assistance to the trial
court in its effort to justify reaching this conclusion on
summary judgment. Instead, it was forced to rely on judicial
notice of the definitions of "motion picture," "screenplay" and
"director" (Evid. Code, § 451, subd. (e)) and then on
189
*189
judicial notice of practices in the film industry which were
purportedly of "common knowledge." (Evid. Code, § 451, subd.
(f) or § 452, subd. (g).) This use of judicial notice was error.
Evidence Code section 451, subdivision (e) was never intended
to authorize resort to the dictionary to solve essentially factual
questions which do not turn upon conventional linguistic usage.
More important, however, the trial court's notice of "facts
commonly known" violated Evidence Code section 455,
subdivision (a).
[7]
Before this section was enacted there were no procedural
safeguards affording litigants an opportunity to be heard as to
the propriety of taking judicial notice of a matter or as to the
tenor of the matter to be noticed. Section 455 makes such an
opportunity (which may be an element of due process, see Evid.
Code, § 455, Law Revision Com. Comment (a)) mandatory and
its provisions should be scrupulously adhered to. "[J]udicial
notice can be a valuable tool in the adversary system for the
lawyer as well as the court" (Kongsgaard,
Judicial Notice
(1966) 18 Hastings L.J. 117, 140) and its use is appropriate on
motions for summary judgment. Its use in this case, however, to
determine on summary judgment issues fundamental to the
litigation without complying with statutory requirements of
notice and hearing is a highly improper effort to "cut the
Gordion knot of involved litigation." (
Silver Land & Dev. Co.
16. v.
California Land Title Co.
(1967) 248 Cal. App.2d 241, 242 [56 Cal. Rptr. 178]
.)
The majority do not confront the trial court's misuse of judicial
notice. They avoid this issue through the expedient of declaring
that neither judicial notice nor expert opinion (such as that
contained in the declarations in opposition to the motion)
[8]
is necessary to reach the trial court's conclusion.
190
*190
Something,
however, clearly
is
needed to support this conclusion. Nevertheless, the majority
make no effort to justify the judgment through an examination
of the plaintiff's declarations. Ignoring the obvious
insufficiency of these declarations, the majority announce that
"the deprivation or infringement of an employee's rights held
under an original employment contract" changes the alternate
employment offered or available into employment of an inferior
kind.
I cannot accept the proposition that an offer which eliminates
any
contract right, regardless of its significance, is, as a matter of
law, an offer of employment of an inferior kind. Such an
absolute rule seems no more sensible than the majority's earlier
suggestion that the mere existence of differences between two
jobs is sufficient to render them employment of different kinds.
Application of such per se rules will severely undermine the
principle of mitigation of damages in the employer-employee
context.
I remain convinced that the relevant question in such cases is
whether or not a particular contract provision is so significant
17. that its omission creates employment of an inferior kind. This
question is, of course, intimately bound up in what I consider
the ultimate issue: whether or not the employee acted
reasonably. This will generally involve a factual inquiry to
ascertain the importance of the particular contract term and a
process of weighing the absence of that term against the
countervailing advantages of the alternate employment. In the
typical case, this will mean that summary judgment must be
withheld.
In the instant case, there was nothing properly before the trial
court by which the importance of the approval rights could be
ascertained, much less evaluated. Thus, in order to grant the
motion for summary judgment, the trial court misused judicial
notice. In upholding the summary judgment, the majority here
rely upon per se rules which distort the process
191
*191
of determining whether or not an employee is obliged to accept
particular employment in mitigation of damages.
I believe that the judgment should be reversed so that the issue
of whether or not the offer of the lead role in "Big Country, Big
Man" was of employment comparable to that of the lead role in
"Bloomer Girl" may be determined at trial.
Appellant's petition for a rehearing was denied October 28,
1970. Mosk, J., did not participate therein. Sullivan, J., was of
the opinion that the petition should be granted.
[1]
Among the identical provisions was the following found in the
last paragraph of Article 2 of the original contract: "We
[defendant] shall not be obligated to utilize your [plaintiff's]
services in or in connection with the Photoplay hereunder, our
sole obligation, subject to the terms and conditions of this
Agreement, being to pay you the guaranteed compensation
herein provided for."
[2]
Article 29 of the original contract specified that plaintiff
18. approved the director already chosen for "Bloomer Girl" and
that in case he failed to act as director plaintiff was to have
approval rights of any substitute director. Article 31 provided
that plaintiff was to have the right of approval of the "Bloomer
Girl" dance director, and Article 32 gave her the right of
approval of the screenplay.
Defendant's letter of April 4 to plaintiff, which contained both
defendant's notice of breach of the "Bloomer Girl" contract and
offer of the lead in "Big Country," eliminated or impaired each
of those rights. It read in part as follows: "The terms and
conditions of our offer of employment are identical to those set
forth in the `BLOOMER GIRL' Agreement, Articles 1 through
34 and Exhibit A to the Agreement, except as follows:
"1. Article 31 of said Agreement will not be included in any
contract of employment regarding `BIG COUNTRY, BIG MAN'
as it is not a musical and it thus will not need a dance director.
"2. In the `BLOOMER GIRL' agreement, in Articles 29 and 32,
you were given certain director and screenplay approvals and
you had preapproved certain matters. Since there simply is
insufficient time to negotiate with you regarding your choice of
director and regarding the screenplay and since you already
expressed an interest in performing the role in `BIG
COUNTRY, BIG MAN,' we must exclude from our offer of
employment in `BIG COUNTRY, BIG MAN' any approval
rights as are contained in said Articles 29 and 32; however, we
shall consult with you respecting the director to be selected to
direct the photoplay and will further consult with you with
respect to the screenplay and any revisions or changes therein,
provided, however, that if we fail to agree ... the decision of ...
[defendant] with respect to the selection of a director and to
revisions and changes in the said screenplay shall be binding
upon the parties to said agreement."
[3]
In this opinion "affidavits" includes "declarations under
penalty of perjury." (See Code Civ. Proc., § 2015.5.)
19. [4]
Although it would appear that plaintiff was not
discharged
by defendant in the customary sense of the term, as she was not
permitted by defendant to enter upon performance of the
"Bloomer Girl" contract, nevertheless the motion for summary
judgment was submitted for decision upon a stipulation by the
parties that "plaintiff Parker was discharged."
[5]
Instead, in each case the reasonableness referred to was that of
the
efforts
of the employee to obtain other employment that was not
different or inferior; his right to reject the latter was declared as
an unqualified rule of law. Thus,
Gonzales
v.
Internat. Assn. of Machinists, supra,
213 Cal. App.2d 817, 823-824,
holds that the trial court correctly instructed the jury that
plaintiff union member, a machinist, was required to make
"such
efforts
as the average [member of his union] desiring employment
would make at that particular time and place" (italics added);
but, further, that the court
properly rejected
defendant's
offer of proof of
the
availability of other kinds of employment
at the same or higher pay than plaintiff usually received and all
outside the jurisdiction of his union, as plaintiff could not be
required to accept different employment or a nonunion job.
In
Harris
20. v.
Nat. Union etc. Cooks, Stewards, supra,
116 Cal. App.2d 759, 761,
the issues were stated to be, inter alia, whether comparable
employment was open to each plaintiff employee, and if so
whether each plaintiff made a
reasonable effort
to secure such employment. It was held that the trial court
properly sustained an objection to an offer to prove a custom of
accepting a job in a lower rank
when work in the higher rank was not available, as "The duty of
mitigation of damages ... does not require the plaintiff `to seek
or to accept other employment of a different or inferior kind.'"
(P. 764 [5].)
See also:
Lewis
v.
Protective Security Life Ins. Co.
(1962) 208 Cal. App.2d 582, 584 [25 Cal. Rptr. 213]
:
"honest effort
to find similar employment...." (Italics added.)
de la
Falaise
v.
Gaumont-British Picture Corp., supra,
39 Cal. App.2d 461, 469
: "reasonable effort."
Erler
v.
Five Points Motors, Inc.
(1967) 249 Cal. App.2d 560, 562 [57 Cal. Rptr. 516]
: Damages may be mitigated "by a showing that the employee,
by the exercise of
reasonable diligence and effort,
could have procured comparable employment...." (Italics
21. added.)
Savitz
v.
Gallaccio
(1955) 179 Pa.Super. 589 [118 A.2d 282, 286]
;
Atholwood Dev. Co.
v.
Houston
(1941) 179 Md. 441 [19 A.2d 706, 708]
;
Harcourt & Co.
v.
Heller
(1933) 250 Ky. 321 [62 S.W.2d 1056]
;
Alaska Airlines, Inc.
v.
Stephenson
(1954) 217 F.2d 295, 299 [15 Alaska 272]
;
United Protective Workers
v.
Ford Motor Co.
(7th Cir.1955) 223 F.2d 49, 52 [48 A.L.R.2d 1285]
;
Chisholm
v.
Preferred Bankers' Life Assur. Co.
(1897) 112 Mich. 50 [70 N.W. 415]
; each of which held that the
reasonableness of the
employee's
efforts,
or his excuses for failure, to find other similar employment was
properly submitted to the jury as a question of fact. NB:
22. Chisholm
additionally
approved
a jury
instruction
that a
substitute offer
of the employer to work for a lesser compensation was
not to be considered in mitigation,
as the employee was not required to accept it.
Williams
v.
National Organization, Masters, etc.
(1956) 384 Pa. 413 [120 A.2d 896, 901
[13]]: "Even assuming that plaintiff ... could have obtained
employment in ports other than ... where he resided,
legally
he was not compelled to do so in order to mitigate his
damages." (Italics added.)
[*]
Assigned by the Acting Chairman of the Judicial Council.
[1]
The issue is generally discussed in terms of a duty on the part
of the employee to minimize loss. The practice is long-
established and there is little reason to change despite Judge
Cardozo's observation of its subtle inaccuracy. "The servant is
free to accept employment or reject it according to his
uncensored pleasure. What is meant by the supposed duty is
merely this, that if he unreasonably reject, he will not be heard
to say that the loss of wages from then on shall be deemed the
jural consequence of the earlier discharge. He has broken the
chain of causation, and loss resulting to him thereafter is
suffered through his own act." (
McClelland
v.
23. Climax Hosiery Mills
(1930) 252 N.Y. 347, 359 [169 N.E. 605, 609],
concurring opinion.)
[2]
This qualification of the rule seems to reflect the simple and
humane attitude that it is too severe to demand of a person that
he attempt to find and perform work for which he has no
training or experience. Many of the older cases hold that one
need not accept work in an inferior rank or position nor work
which is more menial or arduous. This suggests that the rule
may have had its origin in the bourgeois fear of resubmergence
in lower economic classes.
[3]
See also 28 A.L.R. 736, 740-742; 15 Am.Jur. 431.
[4]
The earliest California case which the majority cite is
de la
Falaise
v.
Gaumont-British Picture Corp., supra,
39 Cal. App.2d at p. 469
.
de la Falaise
states "The `other employment' which the discharged employee
is bound to seek is employment of a character substantially
similar to that of which he has been deprived; he need not enter
upon service of a different or inferior kind, ..."
de la Falaise
cites, in turn, two sources as authority for this proposition. The
first is 18 R.C.L. (Ruling Case Law) 529. That digest, however,
states only that the "discharged employee ... need not enter
upon service of a
more menial kind."
(Italics added.) It was in this form that the rule entered
California law explicitly,
Gregg
24. v.
McDonald
(1925) 73 Cal. App. 748, 757 [239 P. 373],
quoting the text verbatim. The second citation is to 28 A.L.R.
737. The author of the annotation states: "The principal
question with which this annotation is concerned is the kind of
employment which the employee is under a duty to seek or
accept in order to reduce the damages caused by his wrongful
discharge. Must one who is skilled in some special work he is
employed to do, as an actor, musician, accountant, etc., seek or
accept employment of an
entirely
different
nature
?" (Italics added.) (28 A.L.R. 736.) In answering that question
in the negative, the annotation employs the language adopted by
the majority: The employee is "not obliged to seek or accept
other employment of a different or inferior kind, ..." (
Id.
at p. 737.) Rather than a restatement of a generally agreed upon
rule, however, the phrase is an epitomization of the varied
formulations found in the cases cited. (See 28 A.L.R. 740-742.)
[5]
The values of the doctrine of mitigation of damages in this
context are that it minimizes the unnecessary personal and
social (e.g., nonproductive use of labor, litigation) costs of
contractual failure. If a wrongfully discharged employee can,
through his own action and without suffering financial or
psychological loss in the process, reduce the damages accruing
from the breach of contract, the most sensible policy is to
require him to do so. I fear the majority opinion will encourage
precisely opposite conduct.
[6]
Plaintiff's declaration states simply that she has not received
any payment from defendant under the "Bloomer Girl" contract
and that the only persons authorized to collect money for her
25. are her attorney and her agent.
The declaration of Herman Citron, plaintiff's theatrical agent,
alleges that prior to the formation of the "Bloomer Girl"
contract he discussed with Richard Zanuck, defendant's vice
president, the conditions under which plaintiff might be
interested in doing "Big Country"; that it was Zanuck who
informed him of Fox's decision to cancel production of
"Bloomer Girl" and queried him as to plaintiff's continued
interest in "Big Country"; that he informed Zanuck that plaintiff
was shocked by the decision, had turned down other offers
because of her commitment to defendant for "Bloomer Girl" and
was not interested in "Big Country." It further alleges that
"Bloomer Girl" was to have been a musical review which would
have given plaintiff an opportunity to exhibit her talent as a
dancer as well as an actress and that "Big Country" was a
straight dramatic role; the former to have been produced in
California, the latter in Australia. Citron's declaration concludes
by stating that he has not received any payment from defendant
for plaintiff under the "Bloomer Girl" contract.
Benjamin Neuman's declaration states that he is plaintiff's
attorney; that after receiving notice of defendant's breach he
requested Citron to make every effort to obtain other suitable
employment for plaintiff; that he (Neuman) rejected defendant's
offer to settle for $400,000 and that he has not received any
payment from defendant for plaintiff under the "Bloomer Girl"
contract. It also sets forth correspondence between Neuman and
Fox which culminated in Fox's final rejection of plaintiff's
demand for full payment.
[7]
Evidence Code section 455 provides in relevant part: "With
respect to any matter specified in Section 452 or in subdivision
(f) of Section 451 that is of substantial consequence to the
determination of the action: (a) If the trial court has been
requested to take or has taken or proposes to take judicial notice
of such matter, the court shall afford each party reasonable
26. opportunity, before the jury is instructed or before the cause is
submitted for decision by the court, to present to the court
information relevant to (1) the propriety of taking judicial
notice of the matter and (2) the tenor of the matter to be
noticed."
[8]
Fox filed two declarations in opposition to the motion; the first
is that of Frank Ferguson, Fox's chief resident counsel. It
alleges, in substance, that he has handled the negotiations
surrounding the "Bloomer Girl" contract and its breach; that the
offer to employ plaintiff in "Big Country" was made in good
faith and that Fox would have produced the film if plaintiff had
accepted; that by accepting the second offer plaintiff was not
required to surrender any rights under the first (breached)
contract nor would such acceptance have resulted in a
modification of the first contract; that the compensation under
the second contract was identical; that the terms and conditions
of the employment were substantially the same and not inferior
to the first; that the employment was in the same general line of
work and comparable to that under the first contract; that
plaintiff often makes pictures on location in various parts of the
world; that article 2 of the original contract which provides that
Fox is not required to use the artist's services is a standard
provision in artists' contracts designed to negate any implied
covenant that the film producer promises to play the artist in or
produce the film; that it is not intended to be an advance waiver
by the producer of the doctrine of mitigation of damages.
The second declaration is that of Richard Zanuck. It avers that
he is Fox's vice president in charge of production; that he has
final responsibility for casting decisions; that he is familiar
with plaintiff's ability and previous artistic history; that the
offer of employment for "Big Country" was in the same general
line and comparable to that of "Bloomer Girl"; that plaintiff
would not have suffered any detriment to her image or
reputation by appearing in it; that elimination of director and
27. script approval rights would not injure plaintiff; that plaintiff
has appeared in dramatic and western roles previously and has
not limited herself to musicals; and that Fox would have
complied with the terms of its offer if plaintiff had accepted it.