Friday, January 24, 2020
The Character of Lennie in John Steinbecks Of Mice and Men :: Steinbeck Of Mice and Men Essays
The Character of Lennie in Of Mice and Men Have you ever read Of Mice and Men by John Steinbeck? If so, you probably remember Lennie, George's companion. Throughout the novel, Lennie and George dream of having their own farm. They work on a ranch to save money for their dream farm. Lennie is a big, strong, man with rounded features. He is at times very forgetful, absent-minded, and one-dimensional. First of all, Lennie is greatly forgetful. In the beginning of the novel, Lennie kept asking George where they were going (Steinbeck 4). One character, Crooks, takes advantage of his forgetfulness. Because Lennie would forget anything Crooks told him, he was relieved he could talk to somebody without worrying about him telling anybody else. He often forgot what George told him not to do, like talk or even look at Curley's wife. Next to being forgetful, Lennie is absent-minded for a good portion of the novel. He is unaware of what he's doing sometimes until he has done it. For example, he enjoyed to pet soft objects. While living in Weed, he was "petting" a woman's dress and the woman started to scream (Steinbeck 11). Lennie didn't know what he was doing wrong. Once Lennie was given a puppy, he accidentally killed it because he was too rough with it. Eventually, he would kill Curley's wife too by breaking her neck when told he could pet her hair. Again, Lennie did not know what he was doing wrong until it was done. Throughout the novel, there is really only one thing on Lennie's mind, tending to the rabbits once he and George had their farm. After Crooks was done telling Lennie his childhood story, Lennie asks a question about rabbits (Steinbeck 70). This is an example of Lennie having only one thing on his mind.
Thursday, January 16, 2020
Self-Image and Consumer Behavior
Article Review: Self-Image and Consumer Behavior: How Sacrosanct Self-Beliefs Sway Preferences in the Marketplace Written by: David Dunning In this article, David Dunning questions whether or not beliefs, wants, and needs are the keys to decision making in a consumerââ¬â¢s mind. He believes in a decision making technique called belief harmonization. With this, Dunning means that in order to reach a decision , it may require arranging and revising oneââ¬â¢s beliefs, needs, and preferences into a network of cognition that produces little tension among its elements. He states that this allows for two major influences on decision making.The first influence is if people hold a bias to favor one decision over another, then that will alter how they perceive the product. They will solely make a decision on that bias and keep to it. In our book, it explains this with brand equity. The outcome shows that a consumer will decide based on the belief that this brand is better than all of the others and not think twice to purchase. The second influence involves the beliefs that the consumer want to maintain, called sacrosanct beliefs. This is one claiming that the self is a moral, lovable, and capable individual.Dunning states that many decisions in the consumer world are based on this belief of self-image, even when the decision at hand has no relevance to the self. We buy to highlight or hide aspects of our self. Evidence for Decision Making as Belief Harmonization There is much evidence that suggest that judgment and decision making, including consumer behavior decision making, is known to be belief harmonization. Dunning stated that through the 1940s and 1960s, people depended on the consistency theory, balance theory, and the cognitive dissonance theory.However, it has been known that belief and other connections are applied as well. This would be referred to as connectionist modeling or parallel-constraint satisfaction. He gives a certain example of a young woman buying a car and the positive and negative factors based on buying this car. There can be some direct and indirect contradictions in the harmonization process. What people do is revise what they believe in and make connections with the decision. It may lead towards the negative factors or the positive factors in this decision.Dunning states that the best decisions should be based on the beliefs that the person possesses and will be the best indicator for it. Beliefs are equally able to influence and be influenced by other beliefs. The Influence of Decision Outcomes on Perceptions of ââ¬Å"Inputâ⬠Variables Emerging evidence demonstrates just how easily the causality in decision making can run in reverse. A preliminary opinion leaning toward one conclusion tends to alter how people evaluate evidence in decision making. This also is a part of product choice as well.The Influence of Logically Irrelevant ââ¬Å"Outside Beliefsâ⬠Any belief can bias people to initially favor o ne over another. These beliefs are called ââ¬Å"outsideâ⬠beliefs and tend to be irrelevant when it comes to the decision making process. Dunning talks about how a juror decides on whether or not someone should be sued for posting negative comments on the internet. They looked at both positive and negative sides of the defendant and never based their decision on if the defendant was a nice guy or not. Work in the consumer world has also found similar bias due to outside beliefs.Evidence for Sacrosanct Beliefs about the Self People commonly approach every decision with the belief that their decision takes precedence and that they are honorable individuals. They want their decisions to be positive so that their self-image is positive. In class, we learned about impression management, which means that we work to ââ¬Å"manageâ⬠what others think of us. This is a factor in our self-image. Evidence for Positive Self-Beliefs Researchers have showed that people have upbeat self- images, even to an unrealistic degree.Our psychological process that might help leave people with flattering views is a constant engagement in belief harmonization anchored on a self-belief. Research on self-evaluation also shows what type of moves or decisions people make for a positive self-image. This goes in hand with the ideal self portrayal and our concept of what we would like to be. With consumers, they easily adapt to certain products to help us reach our ideal self and have a positive outcome in our beliefs. Evidence for Belief Harmonization with Positive Self-BeliefsBeliefs about the social world are harmonized with flattering self-views. The judgment of people will affirm the positive impression of self. Culture is a big factor in the consumer world, and that is where the beliefs and self-image become intertwined together. In our book, it talks about how in some cultures, women are supposed to foster harmonious relationships and men are supposed to be assertive and have certain skills. These beliefs make the positive self-image in the culture that the male and female are in. Definitions of Social Traits and JudgmentThere are many social traits out in the consumer world today. The article talks about how people tend to emphasize specific attributes and talents that they have and de-emphasize those they do not. These beliefs guide peopleââ¬â¢s judgments. They align their attribution for success and failure to affirm about the self and the image it portrays. Dunning states that at times a behavior is clearly an underlying trait. People tend to adopt performance standards that place their own competence and character in a good light. Evidence for Belief Harmonization in ChoiceRecent developments in the consumer psychology literature provide strong hints that self-image motives may influence decision making in the marketplace. Here are some points that play an important role by self-image in decision making. * Self-Signaling: this is the notion that people reach their decisions with an eye toward bolstering their self-images is similar to another idea emerging from work in decision making and choice. This is to signal the type of person they are. This explains behavior that remains curious and has been an explanation for peopleââ¬â¢s behavior.Shafir and Tversky conducted this behavior in the Newcomb problem, where it showed that a participant in the experiment picked an economically inferior option to another option. * Endowment Effects: People place more value on an object once they own in. Handing a coffee mug to a college student causes them to more than double what the mug is really worth. Once products are associated with people, it confirms the positive impressions of that person and becomes valuable for them to have. * Compensation Effects: People buy to compensate for perceived deficits. For example, men buy toupees to make up for hair loss.People buy products to cover their shortcomings for others not to see. * Affi rmation Effects: People express ideas that they are invulnerable to risk. Having self-esteem may prompt people to make choices with less concern. * Licensing Effects: Once people have gained solid evidence that they possess some sacrosanct trait, they act in a way that could potentially violate that they have that trait. This arises in consumer choice many times. Future Questions Dunning focuses on one specific sacrosanct belief, which is that the self is a lovable and capable person.He feels as though there could be other beliefs that exist as well. People possess personal self-esteem but also can possess collective self-esteem. This very much indeed influences peopleââ¬â¢s decisions and behavior in the marketplace. Also, beliefs that people seek might involve specific ones or rather a more overall general one about the self as a whole. Willer studies on masculinity suggested that people bolster specific self-values. Also, many suggest that people are not as concerned with speci fic self-views as they are worried over a general sense of self-worth. Automatic versus Deliberative Nature of Self-Image MotivesAnother issue would be whether the impact of self-based sacrosanct beliefs is deliberative or automatic in nature. Dunning believes that the impact of self-beliefs might be more automatic in nature. He argues that the term automatic can be the case that the process of affirming favorable self-beliefs is beyond peopleââ¬â¢s control. Also that is may be the case that this process occurs below peopleââ¬â¢s awareness; they may lack any insight that their choices are influenced by concerns over the self. However, peopleââ¬â¢s preferences can impose its influence below a personââ¬â¢s awareness.The Moderating Role of Self-Esteem For sacrosanct beliefs about the self to influence consumer psychology, people must presumably have those sacrosanct beliefs, and people with low self-esteem may not have positive views to maintain. In the consumer realm, one could ask whether low self-esteem people will work as energetically as their high self-esteem peers harmonize consumer decisions with positive views of self. The Moderating Role of Culture/Implications of Marketing As I discussed in this paper earlier, culture is another condition with how consumers make decisions.People in North America and Western Europe work to bolster their self-esteem. In the West, people seem more concerned with individuality and in the East; they focus on the collective self. Self-Image concerns may also carry implications for effective marketing according to Dunning. People tend to state that they are motivated to do good work in their job for reasons like personal growth, whereas other people are more motivated by money. That is how it works with decisions in consumer buying. People are influenced by social status.This article suggests that marketers should be mindful of the motivations that people are likely to cite as prime considerations for their purcha ses. In conclusion, the article is about how consumer behavior is acted and what it is based upon. There are many different factors that the author speaks about in this article. Self-Esteem and Culture are two main pieces of the puzzle when it comes to how consumers react to certain products. In the marketing world, we marketers have to look at these factors and how much insight it will provide us when we are trying to get into the minds of our consumers.Dunning makes very interesting arguments of how we cannot look at the picture as a whole, but yet as different segments of ourselves that all tie together with the decision making process. I thought this was a very interesting article because it shows how experiments and studies were done to prove that these are main factors with consumer behavior. It also showed me how we basically become the product and shine through the product for our own self-image. It could be even with becoming part of a group that reflects your personality, or just for your individual traits themselves.
Tuesday, January 7, 2020
Do You Know What to Do If You Fail a Test in College
Worried that you failed a test in college? Youre not alone, and fortunately, failing a test in college doesnt necessarily mean youreà going to ruin your GPA. To handle the problem directly, assess the situation, determine what went wrong, and then follow up with your professor to see if any options are available. Failed an Exam in College? Often, when walking out of an exam, youll have a gut feeling of what didnt go well. Immediately sit down and reflect on the experience. First, determine if you understood the material. If you did, then assess your test-taking environment. A noisy room, a temperature that was off, or lack of supplies could impact your scores. Similarly, distractions from your own life or not getting enough sleep or a good breakfast can impact your ability to succeed. On the flip side, if you felt unprepared for the test, break that down. Perhaps youà studiedà the wrong material or did not study enough. Be realistic in your assessment and take stock of what you can do better next time.à à Whatever your difficulties were, make note of them. You can review these notes yourself and determine if reviewing them with your professor or TA might be useful. If you simply made a mistake and were not prepared or fit for taking the test, learn from the experience and use this situation to help you better prepare for the next exam you have to take.à Assess the Damage Failing a test in college can feel like a major disaster, but consider the impact this one exam has on your overall grade. If the exam is one of several throughout the semester or a year-long course, ask yourself how truly damaging this one grade will be for you. Most professors offer a syllabus that outlines the weight of each assessment within the overall grading structure, which can help you determine what your next steps should be. Take the time to understand why you didnt perform well, so review the notes you took after you left the exam room and see if you can find correlations. If you determine that this one exam can make or break your course grade, then schedule a time to meet with your professor or TA.à If youre not sure ifà you failed, or simply feel like you may not have aced it howà you wanted to, simply relax and see what your score actually is before running to your professor. You may have done better than you expected, and you dont want your professor thinking you havent mastered the material before she even reviews it. If you know you completely missed the mark, then its time to talk to your professor. Talk to Your Professor or TA ASAP If youd like to reach out to your professor before you receive your scores, you couldà send an email or leave a voicemail asking to speak. Perhaps you didnt feel like you grasped the material as well as you should have, or you feel that you didnt perform well within the given test format, and youd like to talk. This way, if you actually did okay, you arent telling the professor you thought you failed ââ¬â just that youd like to better master the material or better demonstrate your mastery. And if the test didnt go quite as you had hoped, youve set the stage to perhaps get additional assistance or have a chance to make up the grade. If youre someone who typically understands the material but often doesnt perform well on exams, you should still reach out to your professor or TA. You may wish to make a visit during office hours. Dont be afraid to be honest. You can just start off by saying that you dont think your score is going to reflect your understanding of the material and go from there. Your professor may offer you another option to demonstrate that you do understand what was covered in the exam ââ¬â or they may not. The professors response is their own choice, but at least youve presented your concerns about your performance on the test itself and asked for assistance. Explain Any Special Circumstances Were you suffering from a horrible head cold you thought you could work through? Did something with your family pop up? Did your computer crash during the exam? What the room too cold for you to properly concentrate? Let your professor or TA know that there were special circumstances, but only if there truly were, and only if you think they really had an effect. You want to present a reason why you did poorly, not an excuse. Repeated instances of special circumstances may reflect poorly on youà as well, so carefully assess if the extenuating circumstance was really an issue that affected your grade. The Bottom Line You cant guarantee that your grade can be changed or that your TA will believe your reasons for doing poorly on the test. Unfortunately, your professor isnt always going to give you another shot. Bad scores happen, and when they do, you need to accept that you didnt perform well and move forward. Be prepared, follow the steps above, and have a game plan for what you will do if you do receive a poor score on the test. This way, you can know what you should do instead of simply panicking. The moral of the story is to make sure that you learn from the experience, and prepare yourself to perform better in the future.
Monday, December 30, 2019
A Financial Look at College Education in America Essay
A typical eighteenth-centry American college was loosely modeled after Englandââ¬â¢s Oxford and Cambridge. In the colonies there were nine colleges founded before the Revolution and they are still in business today. They are Harvard, William and Mary, Yale, Princeton, Columbia, Penn, Brown, Rutgers, and Dartmouth. In 1851 Reverend Absalom Peters remarked ââ¬Å"Our country is to be a land of colleges.â⬠(Chapter 1 Page 2) There were two periods in history of upheavel in American higher education they were ââ¬Å"catastrophic angst.â⬠The first was in the 1860ââ¬â¢s the emergence of modern university. Then after World War II the second was invention of mass higher education. The United State evolved a diversity of large and small, public and private collegesâ⬠¦show more contentâ⬠¦Colleges give more help to rich kids then they do poor kids. They do this to attract higher academic achievers, athletes, and artists. A group spent $171 million on aid for poor kids in 2003 for families that made less then $20, 000 a year. Rich kids received $257,000 in aid from families making more then $100,000 a year. Some students will have to make $94,000 a year to pay off student loans with in 10 years. College cost have been rise about 6 to 7 percent a year.A headline from the New York Times, ââ¬Å"Higher Education May Soon Be Unaffordable fotMost Americans.â⬠(Chapter 3 Page 51) For the poorest of Americans it will cost 55% of their income to attend public university. A teacher said she made just under $100,000 a year which is only a quarter of what each of her students pay. If the economy is good colleges expand facilities and programs and also increase tuition. When the economy is not so good the colleges state subsidies atrophy and tuition still goes up. Student loans have more then doubled in the past ten years from $44.6 billion to $94.5 billion. Student loan defaults peaked at 22% in 1992. Banard University held and experiment on private school loans. A drastic 73% drop in private loans due to one change by talking to a financial aid officer. A total of $1,559,365 from 98% students in private loans between 2005-2006. In 2006-2007 only 31% of students took outShow MoreRelatedShould College Tuition Be Free?1105 Words à |à 5 PagesEducation is a very essential aspect in our world. A famous leader by the name of Nelson Mandela once said ââ¬Å"Education is the most influential implement which you can use to change the world.â⬠( Brainy Quotes). Those words that he said are very true concerning today s society; however much of todayââ¬â¢s soc iety cannot receive a higher level of education due to many reasons. How are we to change the world if most people canââ¬â¢t get into higher education? College itself is very expensive and puts a financialRead MoreThe Cost Of Education : Tuition Cost Is On Every Student s Mind Essay1201 Words à |à 5 PagesThe Cost of Education Tuition cost is on every student s mind. The cost of college tuition is an unnecessary burden that causes students to do the following: work multiple jobs, worry about financial aid, and take time from studying and being better students. Every day I m reminded of the cost of tuition. It is on my mind when I am at the grocery store trying to decide between buying food or gas so I can go to work. Or, for example, when I have to make time to study in between my three jobs IRead MoreThe Nationwide Student Debt Crisis967 Words à |à 4 Pagesaccepted that college (or any form of higher education for that matter) is a wise investment that each and every individual should strive for. Each and every year thousands of parents open college funds and future investment plans to ensure that once their child is of age he or she can participate in quality educational programs. While college attendance rates are at a positive all-time high, right behind it follows an astounding $1.3 trillion dolla rs in student loan debt. Letââ¬â¢s face it, college is expensiveRead MoreEducation For A Better Future1493 Words à |à 6 PagesEducation for a Better Future As students approach their senior year in high school the stressor of trying to get into an exceptional school kicks in; however, undocumented students deal with the fear of uncertainty in their future. ââ¬Å"Around 65,000 undocumented immigrants graduate from high school, but out of those 65,000 only 6,500 go on to attend collegeâ⬠(Kelsey). Where these students come from should not affect the level of education they can obtain. Other states across America have alreadyRead MoreIntroduction. 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From 1985 to 2007 the amount of student debt increased by 7.9 percent. In 1994 the average student borrowed eleven thousand dollars for school. By 2014, however, that figure had increased to thirty-five thousand dollarsRead MoreCredit Card Debt For The First Time1514 Words à |à 7 Pagesnecessarily a bad thing in itself, but it can cause a problem if inflation grows much faster than wages increase. We, as a nation, need to curb the inflation of college costs begin the process of lowering the expense of higher education. In the last 30 years the inflation of tuition and other college costs has risen at an astounding rate. If you take a look at Stanford University you will find that their tuition has grown from about $6,000 dollars in 1980 to over $40,000 in 2012. If other products followedRead MoreEssay about Solving the Foreclosure Crisis and Egotistical Materialism1119 Words à |à 5 PagesThe foreclosure crisis in America is only an effect of a much deeper underlying problem: egotistical materialism. The ââ¬Å"American Dreamâ⬠has unfortunately promoted this problem by affecting Americans everywhere, convincing them that it is possible to get whatever they want, at whatever cost. In itself the dream to succeed is not completely wrongââ¬âbut the cost it often takes is devastating. Americans are realizing that merely getting what they want is not always enough; there are factors which mustRead MoreFreedom Of Life, Liberty, And The Pursuit Of Education1424 Words à |à 6 PagesLiberty , and the Pursuit of Education Until this past 2016 election, free college was a mere idea. That is, tillââ¬â¢ a white headed democratic socialist informed us how that idea could very well be a possibility. Vermont Senator and 2016 Presidential election candidate, Bernie Sanders, was one of the biggest supporters of tuition-free colleges. He introduced an idea that not only was completely doable but highlighted main reasons why we should have tuition-free colleges. Through the use of multipleRead MoreThe Education Concept Of Education Essay1589 Words à |à 7 PagesThe American Education System provides an equal opportunity for all children in the United States to get a quality education. Although it is not completely uniform across the country, with every state making itââ¬â¢s own guidelines, everyone is still presented with a chance to attend a public school from kindergarten through twelfth grade. This enables all children with an education to advance further in life. For giving everyone that opportunit y this system should be praised, but in the system it also
Sunday, December 22, 2019
The Refusal of Conformity in The Adventures of Huckleberry...
In the appropriately titled novel, The Adventures of Huckleberry Finn, by author, Mark Twain, a young boy, named, Huckleberry Finns life is completely changed. The story is basically that, Huck is sent to live with his strict relatives that try to conform him into someone he isnt, but, sequentially ends up traveling down the Mississippi River, with an escaped slave, Jim. As the novel progresses, Jim and Huck develop an extremely close friendship, which makes him change his views on slavery. Despite numerous chances, Huck never turns Jim in, because of his new outlook on slavery. Although slavery is a main theme in the book, it is not the only one. Because, author, Mark Twain creates a social critique by juxtaposing theâ⬠¦show more contentâ⬠¦He also sees how hypocritical they truly are, and, it can be inferred that, Twain wanted them to represent society in the novel. Huck thinks their way of living was ineffective, and that is why he used to sneak out in the middle if the nig ht, skip school, and smoke his pipe. It was difficult for Huck to adjust from an unstructured home, with no training, raised by an alcoholic and abusive father, to two strict, cookie-cutter women in a house with plenty of rules and regulations. After earning a large amount of money as a reward, with his best friend, Tom Sawyer, Hucks abusive alcoholic father, who he calls Pap, comes back to steal his money by kidnapping him, and while Huck is with his father he says, I didnt see how I ever got to like it so well at the Widows, where you had to wash, and eat in a plate, and comb up, and go to bed and get up regular, and be forever bothering over a book and have old Miss Watson peeking at you all the time (Twain p. 37). Hucks view on society is one of dissatisfaction and rebellion, as his opinions reveal how imperfect, and unjust societys rules actually are. Especially after hearing that his behavior will determine whether or not he will go to Heaven or Hell scares him a little bit, b ecause he wasnââ¬â¢t taught right from wrong his entire life up until this point. After this Hucks thoughts are, how can a man not be punished by law (his father), for abusing him, but Huck can be reprimanded for harmless things likeShow MoreRelatedAn Analysis of the Adventures of Huckleberry Finn as a Picaresque Tale2155 Words à |à 9 PagesAn Analysis of The Adventures of Huckleberry Finn as a Picaresque Tale A picaresque novel is based on a story that is typically satirical and illustrates with realistic and witty detail the adventures of a roguish hero of lower social standing who lives by their common sense in a corrupt society. The Adventures of Huckleberry Finn by Mark Twain, is an eminent example of picaresque literature. There are many aspects of the novel that portray picaresque through the history and personality of the mainRead MoreHow to Read Lit Like a Prof Notes3608 Words à |à 15 PagesLiteral Vampirism: Nasty old man, attractive but evil, violates a young woman, leaves his mark, takes her innocence b. Sexual implicationsââ¬âa trait of 19th century literature to address sex indirectly c. Symbolic Vampirism: selfishness, exploitation, refusal to respect the autonomy of other people, using people to get what we want, placing our desires, particularly ugly ones, above the needs of another. 4. If Itââ¬â¢s Square, Itââ¬â¢s a Sonnet 5. Now, Where Have I Seen Her Before? a. There is no such thing asRead MoreEssay on 103 American Literature Final Exam5447 Words à |à 22 Pagesmovement of large numbers of Native Americans off tribal reservations and into urban and suburban areas 17. Which of the following best describes the concept of ââ¬Å"self-reflexivityâ⬠in a literary work? (A) consistent use of first-person narration (B) a refusal to deviate from established literary traditions (C) a belief in the ability of literature to convey reality through lengthy description and generalization (D) a concern with its own nature as art and with questioning previous literary traditions 18
Saturday, December 14, 2019
Cisco Free Essays
Solution for ACL Question 100% Correct http://img220. imageshack. us/i/acllabc. We will write a custom essay sample on Cisco or any similar topic only for you Order Now jpg/ A corporation wants to add security to its network. The requirements are: y y y y Host C shoulb be able to use a web browser(HTTP)to access the Finance Web Server Other types of access from host C to the Finance Web Server should be blocked. All acces from hosts in the Core or local LAN to the Finance We b Server should be blocked All hosts in the Core and local LAN should be able to acces the Plublic Web Server. You have been tasked to create and apply a numberd acces list to a single outbound interface. o more three statements that meets these requirements . corp1(config)#access-list 100 permit tcp host (host address) host (finance web server address) eq 80 corp1(config)#access-list 100 deny ip any host (finance web server address) Corp1(config)# access-list 100 permit ip any any Corp1(config)#int fa0/1 Corp1(config-if)#ip access-group 100 out Corp1(config-if)
Friday, December 6, 2019
Quantum meruit free essay sample
Quantum meruit is a Latin phrase meaning what one has earned. In the context of contract law, it means something along the lines of reasonable value of services. In the United States, the elements of quantum meruit are determined by state common law. For example, to state a claim for unjust enrichment in New York, a plaintiff must allege that (1) defendant was enriched; (2) the enrichment was at plaintiffs expense; and (3) the circumstances were such that equity and good conscience require defendants to make restitution. Situations[edit] Contract law Part of the common law series Contract formation Offer and acceptance Posting rule Mirror image rule Invitation to treat Firm offer Consideration Implication-in-fact Defenses against formation Lack of capacity Duress Undue influence Illusory promise Statute of frauds Non est factum Contract interpretation Parol evidence rule Contract of adhesion Integration clause Contra proferentem Title-transfer theory of contract Excuses for non-performance Mistake Misrepresentation Frustration of purpose Impossibility Impracticability Illegality Unclean hands Unconscionability Accord and satisfaction Rights of third parties Privity of contract Assignment Delegation Novation Third-party beneficiary Breach of contract Anticipatory repudiation Cover Exclusion clause Efficient breach Deviation Fundamental breach Remedies Specific performance Liquidated damages Penal damages Rescission Quasi-contractual obligations Promissory estoppel Quantum meruit Related areas of law Conflict of laws Commercial law Other common law areas Tort law Property law Wills, trusts, and estates Criminal law Evidence v t e Quantum meruit is the measure of damages where an express contract is mutually modified by the implied agreement of the parties, or not completed. While there is often confusion between the concept of quantum meruit and that of unjust enrichment of one party at the expense of another, the two concepts are distinct. The concept of quantum meruit applies in (but is not limited to) the following situations: I. When a person hires another to do work for him, and the contract is either not completed or is otherwise rendered un-performable, the person performing may sue for the value of the improvements made or the services rendered to the defendant. The law implies a promise from the employer to the workman that he will pay him for his services, as much as he may deserve or merit. The measure of value set forth in a contract may be submitted to the court as evidence of the value of the improvements or services, but the court is NOT required to use the contracts terms when calculating a quantum meruit award. (This is because the values set forth in the contract are rebuttable, meaning the one who ultimately may have to pay the award can contest the value of services set in the contract. ) II. When there is an express contract for a stipulated amount and mode of compensation for services, the plaintiff cannot abandon the contract and resort to an action for a quantum meruit on an implied assumpsit. However, if there is a total failure of consideration, the plaintiff has a right to elect to repudiate the contract and may then seek compensation on a quantum meruit basis. Examples[edit] I. An example used in United States law schools is usually as follows: Person A (plaintiff in this hypothetical) tells neighbor B (defendant) that he is going to build a wall on their property that will give a benefit to both A and B; A implies that it would be cheaper for both of them if A performs the labor instead of hiring a professional. B agrees that the wall should be built, but no price is negotiated. A builds the wall, and then asks B to compensate him for the benefit of the wall that he conferred on B (usually half the value of the wall). B refuses. A is entitled to some compensation based on quantum meruit. This is because there was an implied promise between A and B, which is derived from contract law, because A was acting under the assumption that B would pay for part of his services (see Estoppel). The winning of the case will be directed as an assumpsit on a quantum meruit. Day v. Caton, 119 Mass. 513 (1876). In Canada, quantum meruit is not based on contract law but rather depends on equitable principles of unjust enrichment. Estoppel allows an implied promise to act as a shield against litigation but never a sword. Therefore an implied promise would not create a cause of action. Instead quantum meruit is based on the need to prevent the neighbor from unjustly enriching himself by allowing the fence builder to proceed with the work based on an assumption that he would be compensated. II. Quantum meruit can also apply where there is a breached contract. A contractor is contracted to work on a school. The contractor does some work but then quits (breach of contract). The contractor is entitled to be paid for the services he has already provided for the school on the basis of quantum meruit (however the school may be entitled to damages arising out of the need to look for a new contractor). III. If a plaintiff is prohibited from completing work based on a long term service contract where other contracts have been negotiated, the plaintiff may ask a court to determine a judgment based on the amounts that the defendant benefited. Third parties may also bring actions against the plaintiff. IV. A Promoter enters into a long term service contract with a Theatre to exclusively present events for a specified period. The promoter books events and contracts with others to perform during the entire period but alleges that the theatre is unsafe. The Promoter withholds payments until the theatre is made safe. The Theatre performs no repairs. Instead the Theatre terminates the entire service contract before the benefit of the events occurs to the plaintiff and refuses to repair the theatre. After the contract is terminated, the theatre operates the events negotiated by the promoter and gains a significant benefit but does not pay the promoter anything. The theatre also cancels some events without cause. A court determines that the promoter is entitled to an assumpsit on a quantum meruit.
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