TWO PART ASSIGNMENT: Interdisciplinary Plan Proposal

Assessment 3 Instructions: Interdisciplinary Plan Proposal

For this assessment you will create a 2-4 page plan proposal for an interprofessional team to collaborate and work toward driving improvements in the organizational issue you identified in the second assessment.
The health care industry is always striving to improve patient outcomes and attain organizational goals. Nurses can play a critical role in achieving these goals; one way to encourage nurse participation in larger organizational efforts is to create a culture of ownership and shared responsibility (Berkow et al., 2012). Participation in interdisciplinary teams can also offer nurses opportunities to share their expertise and leadership skills, fostering a sense of ownership and collegiality.
You are encouraged to complete the Budgeting for Nurses activity before you develop the plan proposal. The activity consists of seven questions that will allow you the opportunity to check your knowledge of budgeting basics and as well as the value of financial resource management. The information gained from completing this formative will promote success with the Interdisciplinary Plan Proposal. Completing this activity also demonstrates your engagement in the course, requires just a few minutes of your time, and is not graded.
Demonstration of Proficiency

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• Competency 1: Explain strategies for managing human and financial resources to promote organizational health.
  • Explain organizational resources, including a financial budget, needed for the plan to be a success and the impacts on those resources if nothing is done, related to the improvements sought by the plan.
• Competency 2: Explain how interdisciplinary collaboration can be used to achieve desired patient and systems outcomes.
  • Describe an objective and predictions for an evidence-based interdisciplinary plan to achieve a specific objective related to improving patient or organizational outcomes.
  • Explain the collaboration needed by an interdisciplinary team to improve the likelihood of achieving the plan’s objective. Include best practices of interdisciplinary collaboration from the literature.
• Competency 4: Explain how change management theories and leadership strategies can enable interdisciplinary teams to achieve specific organizational goals.
  • Explain a change theory and a leadership strategy, supported by relevant evidence, that are most likely to help an interdisciplinary team succeed in collaborating and implementing, or creating buy-in for, the project plan.
• Competency 5: Apply professional, scholarly, evidence-based communication strategies to impact patient, interdisciplinary team, and systems outcomes.
  • Communicate the interdisciplinary plan with writing that is clear, logically organized, and professional, with correct grammar and spelling, using current APA style.
• Reference
  Berkow, S., Workman, J., Aronson, S., Stewart, J., Virkstis, K., & Kahn, M. (2012). Strengthening frontline nurse investment in organizational goals. JONA: The Journal of Nursing Administration, 42(3), 165–169.
  Professional Context
  This assessment will allow you to describe a plan proposal that includes an analysis of best practices of interprofessional collaboration, change theory, leadership strategies, and organizational resources with a financial budget that can be used to solve the problem identified through the interview you conducted in the prior assessment.
  Scenario
  Having reviewed the information gleaned from your professional interview and identified the issue, you will determine and present an objective for an interdisciplinary intervention to address the issue.
  Note: You will not be expected to implement the plan during this course. However, the plan should be evidence-based and realistic within the context of the issue and your interviewee’s organization.
  Instructions
  For this assessment, use the context of the organization where you conducted your interview to develop a viable plan for an interdisciplinary team to address the issue you identified. Define a specific patient or organizational outcome or objective based on the information gathered in your interview.
  The goal of this assessment is to clearly lay out the improvement objective for your planned interdisciplinary intervention of the issue you identified. Additionally, be sure to further build on the leadership, change, and collaboration research you completed in the previous assessment. Look for specific, real-world ways in which those strategies and best practices could be applied to encourage buy-in for the plan or facilitate the implementation of the plan for the best possible outcome.
  Using the Interdisciplinary Plan Proposal Template [DOCX] will help you stay organized and concise. As you complete each section of the template, make sure you apply APA format to in-text citations for the evidence and best practices that inform your plan, as well as the reference list at the end.
  Additionally, be sure that your plan addresses the following, which corresponds to the grading criteria in the scoring guide. Please study the scoring guide carefully so you understand what is needed for a distinguished score.
• Describe an objective and predictions for an evidence-based interdisciplinary plan to achieve a specific goal related to improving patient or organizational outcomes.
• Explain a change theory and a leadership strategy, supported by relevant evidence, that is most likely to help an interdisciplinary team succeed in collaborating and implementing, or creating buy-in for, the project plan.
• Explain the collaboration needed by an interdisciplinary team to improve the likelihood of achieving the plan’s objective. Include best practices of interdisciplinary collaboration from the literature.
• Explain organizational resources, including a financial budget, needed for the plan to succeed and the impacts on those resources if the improvements described in the plan are not made.
• Communicate the interdisciplinary plan, with writing that is clear, logically organized, and professional, with correct grammar and spelling, using current APA style.
• Additional Requirements
• Length of submission: Use the provided template. Remember that part of this assessment is to make the plan easy to understand and use, so it is critical that you are clear and concise. Most submissions will be 2 to 4 pages in length. Be sure to include a reference page at the end of the plan.
• Number of references: Cite a minimum of 3 sources of scholarly or professional evidence that support your central ideas. Resources should be no more than 5 years old.
• APA formatting: Make sure that in-text citations and reference list follow current APA style.
• Note: Faculty may use the Writing Feedback Tool when grading this assessment. The Writing Feedback Tool is designed to provide you with guidance and resources to develop your writing based on five core skills. You will find writing feedback in the Scoring Guide for the assessment, once your work has been evaluated.
  Portfolio Prompt: Remember to save the final assessment to your ePortfolio so that you may refer to it as you complete the final Capstone course.

  PART TWO:

Assessment 4 Instructions: Stakeholder Presentation

For this assessment you will create an 8-12 slide PowerPoint presentation for one or more stakeholder or leadership groups to generate interest and buy-in for the plan proposal you developed for the third assessment.
As a current or future nurse leader, you may be called upon to present to stakeholders and leadership about projects that you have been involved in or wish to implement. The ability to communicate a plan—and potential implications of not pursuing such a plan—to stakeholders effectively can be critically important in creating awareness and buy-in, as well as building your personal and professional brand in your organization. It is equally important that you know how to create compelling presentations for others’ delivery and ensure that they convey the same content you would deliver if you were the presenter.
You are encouraged to complete the Evidence-Based Practice: Basics and Guidelines activity before you develop the presentation. This activity consists of six questions that will create the opportunity to check your understanding of the fundamentals of evidence-based practice as well as ways to identify EBP in practice. The information gained from completing this formative will help promote success in the Stakeholder Presentation and demonstrate courseroom engagement—it requires just a few minutes of your time and is not graded.
Demonstration of Proficiency

• Competency 1: Explain strategies for managing human and financial resources to promote organizational health.
  • Explain how the interdisciplinary plan could be implemented and how the human and financial resources would be managed.
• Competency 2: Explain how interdisciplinary collaboration can be used to achieve desired patient and systems outcomes.
  • Explain an organizational or patient issue for which a collaborative interdisciplinary team approach would help achieve a specific improvement goal.
• Competency 3: Describe ways to incorporate evidence-based practice within an interdisciplinary team.
  • Summarize an evidence-based interdisciplinary plan to address an organizational or patient issue.
• Propose evidence-based criteria that could be used to evaluate the degree to which the project was successful in achieving the improvement goal.
  • Competency 5: Apply professional, scholarly, evidence-based communication strategies to impact patient, interdisciplinary team, and systems outcomes.
• Communicate the PowerPoint presentation of the interdisciplinary improvement plan to stakeholders in a professional, respectful manner, with writing that is clear, logically organized, with correct grammar and spelling, using current APA style.
• Professional Context
  This assessment will provide you with an opportunity to sharpen your ability to create a professional presentation to stakeholders. In this presentation, you will explain the Plan-Do-Study-Act cycle and how it can be used to introduce the plan (P), implement the plan (D), study the effectiveness of the plan (S), and act on what is learned (A) to drive continuous improvement. By using this cycle, the stakeholders will have a tool and a proposal to expand on these ideas to drive workplace change and create improved processes to solve an interprofessional collaboration problem.
  Scenario
  In addition to summarizing the key points of Assessments 2 and 3, you will provide stakeholders and/or leadership with an overview of project specifics as well as how success would be evaluated—you will essentially be presenting a discussion of the Plan, Do, and Study parts of the PDSA cycle. Again, you will not be expected to execute the project, so you will not have any results to study. However, by carefully examining the ways in which your plan could be carried out and evaluated, you will get some of the experience of the thinking required for PDSA.
  When creating your PowerPoint for this assessment, it is important to keep in mind the target audience: your interviewee’s organizational leadership. The overall goal of this assessment is to create a presentation that your interviewee could potentially give in his or her organization.
  Instructions
  Please follow the Capella Guidelines for Effective PowerPoint Presentations [PPTX]. If you need technical information on using PowerPoint, refer to Capella University Library: PowerPoint Presentations.
  Be sure that your plan addresses the following, which corresponds to the grading criteria in the scoring guide. Please study the scoring guide carefully so you understand what is needed for a distinguished score.
• Explain an organizational or patient issue for which a collaborative interdisciplinary team approach would help achieve a specific improvement goal.
• Summarize an evidence-based interdisciplinary plan to address an organizational or patient issue.
• Explain how the interdisciplinary plan could be implemented and how the human and financial resources would be managed.
• Propose evidence-based criteria that could be used to evaluate the degree to which the project was successful in achieving the improvement goal.
• Communicate the PowerPoint presentation of the interdisciplinary improvement plan to stakeholders in a professional manner, with writing that is clear, logically organized, and respectful with correct grammar and spelling using current APA style.
• There are various ways to structure your presentation; following is one example:
• Part 1: Organizational or Patient Issue.
  • What is the issue that you are trying to solve or improve?
  • Why should the audience care about solving it?
• Part 2: Relevance of an Interdisciplinary Team Approach.
  • Why is using an interdisciplinary team relevant, or the best approach, to addressing the issue?
  • How will it help to achieve improved outcomes or reach a goal?
• Part 3: Interdisciplinary Plan Summary.
  • What is the objective?
  • How likely is it to work?
  • What will the interdisciplinary team do?
• Part 4: Implementation and Resource Management.
  • How could the plan be implemented to ensure effective use of resources?
  • How could the plan be managed to ensure that resources were not wasted?
  • How does the plan justify the resource expenditure?
• Part 5: Evaluation.
  • What would a successful outcome of the project look like?
  • What are the criteria that could be used to measure that success?
    • How could this be used to show the degree of success?
• Again, keep in mind that your audience for this presentation is a specific group (or groups) at your interviewee’s organization and tailor your language and messaging accordingly. Remember, also, that another person will ultimately be giving the presentation. Include thorough speaker’s notes that flesh out the bullet points on each slide.
  Additional Requirements
• Number of slides: Plan on using one or two slides for each part of your presentation as needed, so the content of your presentation will be 8–12 slides in length. Remember that slides should contain concise talking points, and you will use presenter’s notes to go into detail. Be sure to include a reference slide as the last slide of your presentation.
• Number of references: Cite a minimum of 3 sources of scholarly or professional evidence that support your central ideas. Resources should be no more than five years old.
• APA formatting: Make sure that in-text citations on your slides and in your notes pages and reference slide reflect current APA Style and Format.
• Portfolio Prompt: Remember to save the final assessment to your ePortfolio so that you may refer to it as you complete the final Capstone course.

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Week 9 Assignment

Please no plagiarism and make sure you are able to access all resources on your own before you bid. Main references come from Balkin, R. S., & Kleist, D. M. (2017) and/or American Psychological Association (2014). Assignments should adhere to graduate-level writing and be free from writing errors. I have also attached the resources given to complete the assignment. Please follow the instructions to get full credit. I need this completed by 10/26/19 at 7pm. You will complete the program evaluation worksheet attached.

Assignment – Week 9

In this case study, the counselor, Steven, has collected data from his clients after participation in a psychoeducation therapy group. Steven wants to know whether his program effectively met the needs of the clients. He is interested in learning whether the clients met their program outcomes and whether the program evaluation data supports his desire to expand the program.

For this Assignment, you will review the data and determine whether the service contributed to client success.

To Prepare

· Review the Program Evaluation audio recording and the Program Evaluation Worksheet found in the Learning Resources and consider the requirements for this Assignment.

· You may work independently or form small groups of no more than three people. If you choose to work in small groups, you may use the Blackboard Collaborate Ultra “Live Meetings” tool found in the left-hand navigation of the classroom to collaborate with your group in a synchronous way. Once you access the “Live Meetings” tool, use the “Sessions Help” feature in the top right-hand corner to guide you through setting up your session with your group if you choose to do so.

· Review the Program Evaluation Worksheet and consider the requirements for this Assignment. Specifically:

o Review the case study.

o Analyze the Program Evaluation dataset to determine whether the counseling intervention worked or did not work.

o Consider a recommendation you might make regarding the future of the program and why.

Assignment

Imagine you are a task force or part of a task force charged with evaluating the effectiveness of a new counseling program. Your job is to complete a Program Evaluation Worksheet that will help you determine the effectiveness of the program.

• As an individual part of a task force or in your small group task force, complete the Program Evaluation      Worksheet.

Required Resources 

Astramovich, R. L., & Coker, J. K. (2007 ). Program evaluation: The accountability bridge model for counselors. Journal of Counseling & Development, 85, 162–172.

Note: You will access this article from the Walden Library databases.

Balkin, R. S., & Kleist, D. M. (2017). Counseling research: A practitioner-scholar approach. Alexandria, VA: American Counseling Association.

• Chapter 13, “Program Evaluation”

Note: You will access this article from the Walden Library databases.

Lamis, D. A., Underwood, M., & D’Amore, N. (2017). Outcomes of a suicide prevention gatekeeper training program among school personnel. Crisis, 38(2), 89-99. doi: 10.1027/0227-5910/a000414

Note: You will access this article from the Walden Library databases.

Neilson, T. (2015). Practice-based research: Meeting the demands of program evaluation through the single-case design. Journal of Mental Health Counseling, 37(4), 364–376. https://doi.org/10.17744/mehc.37.4.07

Walden University, Center for Research Quality. (n.d.-b). Research resources: Research design & analysis: Program evaluation tutorial. Retrieved from http://academicguides.waldenu.edu/researchcenter/resources/Design 

Note: Select the “Program Evaluation” tab on this web page to access the Program Evaluation Tutorial.

Document: Program Evaluation Worksheet

Required Media

Laureate Education (Producer). (2017). Program evaluation [Video file]. Baltimore, MD: Author.

Note: The approximate length of this media piece is 1 minute.

Accessible player  –Downloads– Download Video w/CC Download Audio Download Transcript

Laureate Education (Producer). (2017). Program evaluation [Video file]. Baltimore, MD: Author.

Note: The approximate length of this media piece is 18 minutes.

Accessible player  –Downloads– Download Video w/CC Download Audio Download Transcript

Credit: Provided courtesy of the Laureate International Network of Universities.

–Downloads– Download Video w/CC Download Audio Download Transcript

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Week 9 ~

Here is some food for thought!

A while back I wrote a book chapter on assessment in counseling and included information about program evaluations.  It’s really interesting because program evaluation can be considered research and assessment and just plain program evaluation

Here is a case study that was included.  This may help you think about some of the aspects of program evaluation:

The agency needs to “prove its worth”!

You were recently hired at a non-profit counseling center as a quality assurance counselor and as part of your role it is your responsibility to conduct a program evaluation.  You are vaguely aware that you need to collect some data but where to begin is the question.  The goal of program evaluation is to create a systematic assessment which will work to improve the quality of services or the programs of the agency.  The first step involves determining your goal and then creating a plan to collect objective and subjective information.  There are several questions you must ask as you create the program evaluation.  Who are your stakeholders? Are you focusing on specific programs with the agency?  Are you going to utilize a formative or summative evaluation?  Would using test results be helpful?  Will you utilize surveys, interviews, observations, or focus groups?  Questions such as these guide the evaluation with the goal of accountability for the counseling profession.

References:

Foster, L.H. (2020). Assessment practices in counseling. In D. Capuzzi and D. Gross (Eds.), Introduction to the counseling profession (8th ed.). Boston: Allyn and Bacon.

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Please no plagiarism and make sure you are able to access all resource on your own before you bid. Main references come from Balkin, R. S., & Kleist, D. M. (2017) and/or American Psychological Association (2014). Assignments should adhere to graduate-level writing and be free from writing errors. I have also attached resources given to complete the assignment. Please follow the instructions to get full credit. I need this completed by 10/26/19 at 7pm. You will complete the program evaluation worksheet attached.

Assignment – Week 9

Top of Form

In this case study, the counselor, Steven, has collected data from his clients after participation in a psychoeducation therapy group. Steven wants to know whether his program effectively met the needs of the clients. He is interested in learning whether the clients met their program outcomes and whether the program evaluation data supports his desire to expand the program.

 

For this Assignment, you will review the data and determine whether the service contributed to client success.

To Prepare

• Review the Program Evaluation audio recording and the Program Evaluation Worksheet found in the Learning Resources and consider the requirements for this Assignment.
• You may work independently or form small groups of no more than three people. If you choose to work in small groups, you may use the Blackboard Collaborate Ultra “Live Meetings” tool found in the left-hand navigation of the classroom to collaborate with your group in a synchronous way. Once you access the “Live Meetings” tool, use the “Sessions Help” feature in the top right-hand corner to guide you through setting up your session with your group if you choose to do so.
• Review the Program Evaluation Worksheet and consider the requirements for this Assignment. Specifically:
  • Review the case study.
  • Analyze the Program Evaluation dataset to determine whether the counseling intervention worked or did not work.
  • Consider a recommendation you might make regarding the future of the program and why.

Assignment

Imagine you are a task force or part of a task force charged with evaluating the effectiveness of a new counseling program. Your job is to complete a Program Evaluation Worksheet that will help you determine the effectiveness of the program.

• As an individual part of a task force or in your small group task force, complete the Program Evaluation Worksheet.

Required Resources

Astramovich, R. L., & Coker, J. K. (2007 ). Program evaluation: The accountability bridge model for counselors. Journal of Counseling & Development, 85, 162–172.

Note: You will access this article from the Walden Library databases.

Balkin, R. S., & Kleist, D. M. (2017). Counseling research: A practitioner-scholar approach. Alexandria, VA: American Counseling Association.

• Chapter 13, “Program Evaluation”

Note: You will access this article from the Walden Library databases.

Lamis, D. A., Underwood, M., & D’Amore, N. (2017). Outcomes of a suicide prevention gatekeeper training program among school personnel. Crisis, 38(2), 89-99. doi: 10.1027/0227-5910/a000414

Note: You will access this article from the Walden Library databases.

Neilson, T. (2015). Practice-based research: Meeting the demands of program evaluation through the single-case design. Journal of Mental Health Counseling, 37(4), 364–376. https://doi.org/10.17744/mehc.37.4.07

Walden University, Center for Research Quality. (n.d.-b). Research resources: Research design & analysis: Program evaluation tutorial . Retrieved from http://academicguides.waldenu.edu/researchcenter/resources/Design

 

Note: Select the “Program Evaluation” tab on this web page to access the Program Evaluation Tutorial.

Document: Program Evaluation Worksheet

 

Required Media

Laureate Education (Producer). (2017). Program evaluation [Video file]. Baltimore, MD: Author.

 

Note: The approximate length of this media piece is 1 minute.

Accessible player  –Downloads– Download Video w/CC Download Audio Download Transcript

Laureate Education (Producer). (2017). Program evaluation [Video file]. Baltimore, MD: Author.

 

Note: The approximate length of this media piece is 18 minutes.

Accessible player  –Downloads– Download Video w/CC Download Audio Download Transcript

Credit: Provided courtesy of the Laureate International Network of Universities.

–Downloads– Download Video w/CC Download Audio Download Transcript

Bottom of Form

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5-6 research paper about the play “Othello”

In a 5-6 page essay following MLA formatting, analyze some aspect of the play that intrigues you.  Your topic may be drawn from the list of topics for further study but can be any topic that interests you.

Part of this assignment is for you to find supportive material through library research.  As such, you are required to use at least two sources to support your analysis.

• Of the two sources, one can be background information (about Elizabethan England or Cyprus, etc.),
• One of them must be literary criticism/analysis of the play or of Shakespeare’s plays

For example, if you are researching/writing about the roles of women in Othello, you must include in your paper support from at least one source that discusses the literary interpretation of women’s roles in Shakespeare or in Othello.  The other source might be information about women’s roles in Elizabethan England (i.e. historical rather than literary sources).

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You must use quotes from the play and from outside critical literary sources. Please include a works cited page at the end.

– Find one to two articles of literary criticism that shed light on your area of interest regarding the play.

– The thesis is a claim reflecting your interpretation of the play that is informed by the supporting criticism.   

Here is an example:

Sample topic:

Romeo and Juliet are iconic characters, in part because of their longevity in the literary canon, but also it can be argued that this is because of their roles as archetypal figures.  Using the critical approach of archetypal theory, how well do the characters of Romeo and Juliet fit the archetypes of the hero and damsel in distress?

Sample working thesis:

Although Romeo and Juliet may not appear to be the typical hero and heroine, because of Romeo’s romantic nature and Juliet’s independent actions, they still fit the archetypal roles closely enough to have a resonance that draws in readers and play goers alike.

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weekly case analysis

Each student will treat this as an individual assignment. Your response should be well-rounded and analytical and should not just provide a conclusion or an opinion without explaining the reason for the choice. For full credit, you need to use the material from the week’s lectures, text and/or discussions when responding to the questions. Post a case analysis of a listed problem for the week in the corresponding weeks assignment drop box. The case assignments are posted below in the Case Assignments.

The assignment should consist of a Word Document. It should include a summary of the relevant facts, the law, judicial opinion and answer the case questions. All that is necessary for an understanding of the case is important and required.

The report must go beyond the discussion of the problem posed in the textbook, to achieve a superior grade. Do research outside the textbook- this must include research outside the case citation such as the Lexus-Nexis in the DeVry Library or FindLaw.com, do research on the parties and circumstances of the case itself and incorporate some visual modality as a part of the case analysis. Something about one of the parties, as well as some background contained in the legal opinion. Doing significant research outside the textbook is essential.

Utilize the case format below.

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Case Analysis Format

Read and understand the case or question assigned. Show your Analysis and Reasoning and make it clear you understand the material. Be sure to incorporate the concepts of the chapter we are studying to show your reasoning. Dedicate at least one heading to each following outline topic:

Parties [Identify the plaintiff and the defendant]

Facts [Summarize only those facts critical to the outcome of the case]

Procedure [Who brought the appeal? What was the outcome in the lower court(s)?]

Issue [Note the central question or questions on which the case turns]

Explain the applicable law(s). Use the textbook here. The law should come from the same chapter as the case. Be sure to use citations from the textbook including page numbers.

Holding [How did the court resolve the issue(s)? Who won?]

Reasoning [Explain the logic that supported the court’s decision]

Do significant research outside of the book and demonstrate that you have in an obvious way. This refers to research beyond the legal research. This involves something about the parties or other interesting related area. Show something you have discovered about the case, parties or other important element from your own research. Be sure this is obvious and adds value beyond the legal reasoning of the case.

1. Dedicate 1 heading to each of the case question(s) immediately following the case, if there are any. Be sure to restate and fully answer the questions
2. Quality in terms of substance, form, grammar and context. Be entertaining! Use excellent visual material
3. Wrap up with a Conclusion. This should summarize the key aspects of the decision and your recommendations on the court’s ruling.
4. Include citations and a reference page with your sources. Use APA style citations and references

Case 9-5 The Private Movie Company, Inc. v. Pamela Lee Anderson et al.

Superior Court of California, County of Los Angeles (1997)

 

The plaintiff, Private Movie Company (Efraim), sued the defendant, Pamela Lee Anderson (Lee), for $4.6 million, alleging that she breached both an oral and a written contract so that she could work on a different project. The plaintiff claimed that an oral contract existed on November 18, 1994, when the parties agreed on all of the principal terms of a “deal,” at the conclusion of a “business meeting” at the offices of defendant’s personal manager. The plaintiff claimed that a written contract was entered into on December 21, 1994, when the plaintiff’s lawyer sent the defendant copies of a “long-form” contract. The plaintiff claimed that this contract was a written embodiment of the oral agreement reached on November 18, 1994.

 

The somewhat confusing facts that were testified to, and disputed, at trial made it difficult for the judge to determine whether a contract existed. The events began in October 1994, when plaintiff’s attorney, Blaha, sent the plaintiff’s script to the defendant’s agent. After several conversations, an offer was also sent to her agent. At trial, Efraim testified that Lee had said she loved the script and the character, but she was concerned about the nudity and sexual content of the script. Efraim said that he told Lee that the script would be rewritten and he would do whatever she wished regarding the nudity.

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On November 18, a business meeting was held by Efraim, his attorney, the defendant’s agents (Joel and Stevens) and manager (Brody), and the director, to negotiate a contract. Those present at the meeting testified that agreement was reached on a specific makeup person, security, trailer to be provided for Lee, start date, expenses, and per diem. The issue of limiting the amount of nudity used in the theatrical trailer or any of the advertising material was raised, and apparently was resolved by an understanding that Brody (defendant’s manager) would provide a list of dos and don’ts and that Private Movie would abide by them. The structure of the agreement was also discussed, with an understanding that there would be two contracts—an acting contract and a consulting contract—thereby allowing Private Movie to save money relating to payment of benefits. The issue of the sexual content or simulated sex in the movie script was not raised at the meeting, nor was the issue of any script rewrites brought up. At the end of the meeting, Efraim asked the defendant’s agent whether the deal was closed if Lee’s compensation was increased to $200,000. The agent said yes.

 

A few days later, Efraim had his attorney draft the agreement with the increased compensation. Several drafts were exchanged between the attorney and the defendant’s agent, all containing the following nudity clause:

 

Nudity. The parties hereto acknowledge that the Picture will include “nude and/or simulated sex scenes.” Player has read the screenplay of the Picture prior to receipt of the Agreement and hereby consents to being photographed in such scenes, provided that such “nude and simulated sex scenes” will not be [handled] nor photographed in a manner different from what has been agreed to unless mutually approved by Artist and producer.

 

The rewritten script was sent to the defendant on December 27, 1994. The plaintiff’s attorney testified that he called the defendant on December 29, 1994, and she said the script was great, but she wanted a different makeup artist and would split the difference in cost. The defendant testified that she recalled no such phone call. She said that she reviewed the script on January 1, 1995, saw that the simulated sex scenes remained, and called her manager to tell him she would not do the film.

 

The plaintiff found a less well-known actress to make the film and brought his action against the defendant.

 

Justice Horowitz

When the parties orally or in writing agree that the terms of a proposed contract are to be reduced to writing and signed by them before it is to be effective, there is no binding agreement until a written contract is signed. If the parties have orally agreed on the terms and conditions of a contract with the mutual intention that it shall thereupon become binding, but also agree that a formal written agreement to the same effect shall be prepared and signed, the oral agreement is binding regardless of whether it is subsequently reduced to writing.

 

Whether it is the intention of the parties that the agreement should be binding at once, or when later reduced to writing, or to a more formal writing, is an issue to be determined by reference to the words the parties used, as well as all of the surrounding facts and circumstances.

 

One of the essential elements to the existence of a contract is the consent of the parties. This consent must be freely given, mutual, and communicated by each party to the other.

 

Consent is not mutual unless the parties all agree upon the same thing in the same sense. Ordinarily, it is the outward expression of consent that is controlling. Mutual consent arises out of the reasonable meaning of the words and acts of the parties, and not from any secret or unexpressed intention or understanding. In determining if there was mutual consent, the Court considers not only the words and conduct of the parties, but also the circumstances under which the words are used and the conduct occurs.

 

Parties may engage in preliminary negotiations, oral or written, before reaching an agreement. These negotiations only result in a binding contract when all of the essential terms are definitely understood and agreed upon even though the parties intend that formal writing including all of these terms shall be signed later.

 

An acceptance of an offer must be absolute and unconditional. All of the terms of the offer must be accepted without change or condition. A change in the terms set forth in the offer, or a conditional acceptance, is a rejection of the offer.

 

Plaintiff has presented no testimony that Lee, on 11/18/94, the date [on] which Plaintiff alleged that an oral contract was created, personally agreed to perform in the movie Hello, She Lied; Plaintiff, therefore, has the burden of proving that Joel and/or Stevens, her “agent” and “manager,” had the authority to bind her to an oral written contract.

 

The parties do not and did not agree on the definition of “simulated sex.” Clearly the performance of simulated sexual scenes in the film was important and material to both Lee and Efraim. Efraim stated that he would abide by whatever Lee wanted in this regard.

 

Nudity and sexual content are material deal points that must be resolved before there can be a binding contract. An agreement concerning sexual content or simulated sex was not reached in this instance. Lee did not agree to the terms relating to simulated sex or to the script offered by the Plaintiff.

 

Plaintiff’s letter of 1/13/95 to Lee claims she “agreed to perform simulated sex scenes, and the exact type of nudity had been agreed upon in detail.” Efraim claimed in deposition that Lee agreed to perform simulated sex scenes and agreed to the draft contract to confirm that fact. Blaha testified that Paragraph 9 was a correct statement of the agreement. In deposition he stated it was a mistake. The rewritten script has three or four scenes that depict simulated sex. It is obvious that the “offer” made by Plaintiff concerning this issue was not complete and unqualified, nor was there any acceptance of this issue that was complete and unqualified.

 

Brody and Joel testified to their opinion that they thought they had “closed the deal” on 11/18/94 or shortly thereafter. Such perceptions have very little legal relevance. Brody testified that he had authority to negotiate this contract. Joel never spoke with Lee concerning the transaction and did not negotiate points such as script rewrite or sexual content.

 

Plaintiff has failed to prove by a preponderance of the evidence that Lee entered into an oral or written contract to perform in the movie Hello, She Lied.*

 

* The Private Movie Company, Inc. v. Pamela Lee Anderson et al. Superior Court of California, County of Los Angeles (1997).

 

Judgment in favor of Defendant, Lee.

 

Critical Thinking About The Law

We know that language is not usually clear. Words convey information but not always the information that the speaker or writer intends. Ambiguity characterizes those words and phrases that do not have a clear meaning. These ambiguous terms might result in another person’s misinterpreting what the writer or speaker actually meant. In contract law, ambiguity could create problems between an offeror and offeree, as the two parties might not be in agreement on the same terms of the contract if the contract contains ambiguous language. In Case 9-5, the parties thought they understood each other. Key ambiguous phrases, however, created confusion in the contract negotiations and, consequently, raised concerns about whether there was actual consent by both parties.

 

As business managers, it is imperative that you demand clear definitions in the contracts that you offer and accept. The following questions pertaining to Case 9-5 prompt you to consider the importance of ambiguity in contract law.

 

What key ambiguous phrases did the court discuss?

 

Clue: Find the legal term in dispute that the judge defined. Also, look for ambiguity in the specific elements of the contractual negotiations between the plaintiff and the defendant.

 

How did the ambiguity in the alleged contract affect the court’s reasoning?

 

Clue: Do you think the court would have ruled differently in Case 9-5 had the ambiguity not existed?

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Satisfying, or “Mirroring,” the Terms of the Offer

Under the common law, to be valid, the acceptance must satisfy, or “mirror,” the terms of the offer. For example, if Jones offers to sell Smith his Cutlass for $2,000 and Smith responds by saying, “I’ll give you $1,800,” this is not a legal acceptance but a counteroffer by Smith, which then must be accepted by Jones in order for the terms of the counteroffer to be satisfied and a contract to arise. Under UCC Section 2-207, acceptance does not have to be a mirror image of the offer. Terms can be added to the contract without constituting a counteroffer if they meet one of the three conditions listed in the section on methods of termination of an offer.

 

Internet and E-Contracts: Acceptance Online

Parties now enter into many agreements online. Section 2-213 of the UCC deals with electronic communication of an acceptance by an offeree. This UCC section provides that “receipt of an electronic communication has a legal effect; it has that effect even though no individual is aware of its receipt,” but “in itself does not establish that the content sent corresponds to the content received.” Thus, receipt is required for acceptance by electronic communication, and receipt occurs when the email or other message arrives, even if the receiver does not know it has arrived. Also, the parties are left to use other means of proof to establish that all of the email or messages made it from one party to another. The company or offeror must list all the terms of the offer that the offeree is about to enter into. The offeree (buyer) must click on “I agree” or “I agree to the terms.” Usually, terms set out by the offeror (seller) include cost, payment, warranties, arbitration provisions, and other substantive terms. As “click-on,” “click-through,” or “click-wrap” agreements have become customary in many industries, there is little dispute between parties as to the formation of a contract thereby.

 

Consideration

Consideration is defined as a bargained-for exchange of promises in which a legal detriment is suffered by the promisee. For example, Smith promises Jones that if she gives up her job with Stone Corporation, he will employ her at Brick Corporation. The two requirements of consideration are met: (1) Smith (promisor) has bargained for a return promise from Jones (promisee) that she will give up her job; (2) when Jones gives up her job, she has lost a legal right, the contractual right to her present job with Stone Corporation. The reader should note that legal detriment (giving up a legal right or refraining from exercising a legal right) must take place. Economic detriment is not necessary. For example, a student agrees not to go to any bars during fall semester in exchange for his mother’s promise to give him $500. The student’s giving up his right to go to bars is a legal detriment because he now cannot do something he previously could legally do.

 

consideration

A bargained-for exchange of promises in which a legal detriment is suffered by the promisee.

 

Adequacy of Consideration

In general, the courts have not been concerned with the amount of consideration involved in a contract, especially in a business context. Even if one party makes a bad deal with another party—that is, if the consideration is inadequate—the courts will usually refuse to interfere. Unless a party can show fraud, duress, undue influence, or mistake, the court will not intervene on behalf of a plaintiff. However, sufficiency of consideration, as opposed to adequacy, will be examined by the court. Sufficiency of consideration requires both a bargained-for exchange of promises and legal detriment to the promisee.

 

Preexisting Duty Rule

In defining consideration, we said that a legal detriment to a promisee requires the giving up of a legal right or the refraining from exercising a right. Logically, the courts have then declared that if a party merely agrees to do what he or she is required to do, there exists no detriment to the promisee. For example, Smith contracted with Jones for Jones to build him a house by April 1, 1988, for $150,000. On February 1, 1988, Jones came to Smith and said that, because of the number of jobs he had, he would not be able to finish by April unless Smith agreed to a bonus of $10,000. Smith agreed to the bonus, and the house was completed by April 1. Smith then refused to pay the bonus, claiming that there was a preexisting duty on the part of Jones because he had a contractual duty to finish by April 1. Jones took him to court, but lost the suit because no consideration existed for the bonus agreement. There is an important exception to the preexisting duty rule: The UCC, which applies to the sale of goods, states that an agreement modifying the original contract needs no consideration to be binding.

 

Promises Enforceable without Consideration

The courts have enforced certain contracts when the requirements of consideration were not met, using the doctrine of promissory estoppel to do so. This doctrine requires (1) a promise justifiably relied on by the promisee, (2) substantial economic detriment to the promisee, and (3) an injustice that cannot be avoided except by enforcing the contract.

 

Consider this hypothetical example. An elderly couple pledged in writing to leave $1 million to their family church for a building fund if the church raised another $1 million. The church accepted the offer, raised the matching funds, and contracted with an architect and builder. The couple died and, in their will, left the money to another church. When the family church sued the deceased’s estate on the basis of the promissory estoppel doctrine, the court awarded it the full amount pledged, even though a bargained-for exchange of promises did not exist. The family church justifiably relied upon the couple’s promise, causing substantial economic injury to the church, and injustice could not be avoided in any other way.

 

Liquidated and Unliquidated Debts

A liquidated debt exists when there is no dispute about the amount or other terms of the debt. If A owes B and C $500,000, and B and C agree to accept $100,000 as settlement for the debt, they are not precluded from suing A later on for the balance. The courts reason that the first agreement by A to pay a particular amount ($500,000) to B and C was supported by consideration. The second agreement to pay $100,000 was not because A had a preexisting duty to pay $500,000, and there was, therefore, no legal detriment on A’s part to support B and C’s agreement to accept the lesser amount.

 

An unliquidated debt exists when there is a dispute between the parties as to the amount owed by the debtor. If there is an agreement similar to the preceding one, except that the amount A originally owed B and C is in dispute, the general rule is that consideration exists for the second agreement, and the creditors cannot come back and sue for the balance of what they thought they were owed. B and C would have no claim for the full $500,000, but would be limited to $100,000. The rationale is that new consideration was given for the second agreement. There exists a legal detriment because B and C are giving up a legal right to sue for an unspecified debt. The debtor is also giving up a legal right because there is uncertainty as to what he or she owes in an unliquidated debt situation.

 

Promises That Lack Consideration

Type of Consideration    Description

Illusory promises              A contract providing that only one of the parties need perform, only if he or she chooses to do so; the contract is not supported by consideration.

Moral obligation               Contracts based on love or affection lack consideration. A majority of the states hold that deathbed promises may constitute moral obligation but lack legal binding consideration.

Preexisting duty               A promise lacks consideration if a person promises to perform an act or do something she already has an obligation to do. For example, many states have statutes that prevent law enforcement officers from collecting rewards when apprehending a criminal who has a reward on his or her head. Also, as noted earlier, the original terms of a contract cannot be changed or modified unless unforeseen difficulties exist. Also, some exceptions are granted by the UCC.

Illegal consideration        A contract is not supported by consideration if the promise is supported by an illegal act. “I agree to pay you $10,000 if you burn my house down.” Arson is unlawful and a promise to do such an act is unsupported by legal consideration.

Genuine Assent

When two parties enter into a legally enforceable contract, it is presumed that they have entered of their own free will and that the two parties understand the content of the contract in the same way. If fraud, duress, undue influence, or mutual mistake exists, genuine assent, or a “meeting of the minds,” has not taken place, and grounds for rescission (cancellation) of the contract exist. Table 9-1 lists the factors that prevent genuine assent.

 

genuine assent

Assent to a contract that is free of fraud, duress, undue influence, and mutual mistake.

 

Table 9-1  Factors Preventing Genuine Assent

Fraud

 

Duress

 

Undue influence

 

Bilateral mistake

 

Unilateral mistake

 

Fraud

Fraud consists of (1) a misrepresentation of a material (significant) fact, (2) made with intent to deceive the other party, (3) who reasonably relies upon the misrepresentation, (4) and as a result is injured. For example, Smith enters into a contract to sell a house to Jones. The house is 12 years old, and Smith knows that the basement is sinking. She fails to tell Jones. After Jones moves in, she finds that the house is sinking about two feet a year. In this case, there was a misrepresentation of a material fact, because Smith had a duty to disclose the fact that the house was sinking, but did not do so. Furthermore, there existed knowledge of the fact with intent to deceive. The law does not require that an evil motive exist, but only that the selling party (Smith) knew and recklessly disregarded the fact that the house was sinking. Reliance existed on the part of Jones, who thought the house was habitable, and of course injury to Jones took place because the house was not worth what she paid for it. The cost of preventing further sinking of the house would be part of the damages involved. Note that this example illustrates fraud based on a unique set of facts.

 

fraud

Misrepresentation of a material fact made with intent to deceive the other party to a contract, who reasonably relied on the misrepresentation and was injured as a result. See also criminal fraud.

 

Duress

Another factor that prevents genuine assent of the parties is duress, defined as any wrongful act or threat that prevents a party from exercising free will when executing a contract. The state of mind of the party at the time of entering into the contract is important. If Smith, when executing a contract with Jones to sell a house, holds a gun on Jones and threatens to shoot Jones if he refuses to sign the contract, grounds exist for rescission of the contract. Duress is not limited to physical threats, however. Threats of economic ruin or public embarrassment also constitute duress. An illustration of duress is set forth in the case below.

duress

Any wrongful act or threat that prevents a party from exercising free will when executing a contract.

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