...Restitution an old concept Restitution v Compensation (most cases) i.e.: remedy of compensation Unjust enrichment has 4 main elements (confirmed in Banque Financiere) **** sets out the structure. i) defendant’s enrichment (money is very clearly a benefit to you) (can spend it, can use it) ii) at the claimant’s expense? (did the money come from the bank?) transfer of value from the C or substraction from C … didn’t lose money, but lost time and expertise i.e.: repairing a table iii) was the enrichment unjust? (unjust factors: i.e.: could be a mistake, failure of consideration benefit has passed, but had failed to provide consideration., exploitation) iv) Are there any valid defences? We don’t want the defendant to suffer as well. The claimant doesn’t necessarily gain back everything. (CHANGE OF POSITION THE DEFENDANT RELIED ON THE ENRICHMENT). Reliance, detrimental reliance, links with estoppel. i.e.: textbook, nightout, books. Instead of buying new textbooks, could have bought 2nd hand. Instead of spending the nightout, could have paid individually. The court only look at the gain you still HAVE. They might take away your books, laptop (require to sell off the laptop) depends on REASONABLENESS /SENSIBILITY. So, i.e.: if you spend on HOLIDAY, on other things, i.e.: spend on nightout dinner, the court cant take back anything! Chase Manhanttan. made 2 payments, only should made 1. After being made, the bank went bankrupt, found a constructive trust...
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...Neuroplasticity’s limitations A healthy brain will perform Neuroplasticity’s but many people following disorders such as Alzheimer’s, Parkinson, and dementia, show that the disorder seems to discontinue the process of a healthy brain due to genetic and environmental factors. But other brain disorders like traumatic brain injury or stroke have revealed that a response from the brain is the occupancy of Neuroplasticity’s . This brain recovery has allowed for many to regain physical functionality in the Nero system. This recovery happens within hours of the trauma considering recovery to be encouraged asap. In research it has been shown that environmental enrichment and the increase of cognitive stimulation and physical activity can slow the genetic model of fatal inherited disorders. Many disorders inherited genetically can be clown or recessed by a healthy and active lifestyle and the influence of cognitive stimulation can slow despise and cause healthy Neuroplasticity’s giving patients the ability to overcome genetic disorders. Referance http://theconversation.com/explainer-nature-nurture-and-neuroplasticity-10734 Recovering from a stroke is a difficult process and over the years scientists have been trying to apply what they know about neural plasticity to the rehabilitation process for stroke patients. In the last 20 years the idea of neural plasticity has been accepted in the scientific community and “in humans, there is abundant evidence that spontaneous recovery...
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...Frederick Herzberg’s paper, “One More Time”, addresses the issue of what motivates employees. He discusses motivating employees through a KITA approach and through job enrichment. Additionally, he outlines the significance of job enrichment and how to implement the concept in an organization. I found Mr. Herzberg’s paper intriguing. Usually I find psychological theories to be inconclusive and not applicable to all groups of people. However, Mr. Herzberg does not make any bold claims about his theory he just points out that job enrichment is often overlooked, and when added to other benefits employees are substantially more motivated than other employees in the control group. I liked looking at the exhibit #1 on pg. 170. It’s weird to think about all the factors that go into job satisfaction. Generally, I just think about the salary and the job atmosphere, but when I really think about it I want all the six factors listed for extreme job satisfaction. The feeling of accomplishing a long project and being recognized for it is extremely rewarding but a lot of the time we take it for granted. I loved Mr. Herzberg’s quote: “In attempting to enrich certain jobs, management often reduces the personal contribution of employees rather than giving them opportunities for growth.” Rewarding a successful project with praise and increased responsibility would highly motivate me to work harder to move up in salary and job position because there are opportunities for advancement. A lot...
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...What is job enrichment? What are the benefits of a job enrichment program? Are there disadvantages to enriching jobs? In this lesson we'll discuss what job enrichment is, how to do it, and the good and bad of modifying jobs in your organization. What Is Job Enrichment? Job enrichment is a management concept that involves redesigning jobs so that they are more challenging to the employee and have less repetitive work. The concept is based on a 1968 Harvard Business Review article by psychologist Frederick Herzberg titled 'One More Time: How Do You Motivate Employees?' In the article, Herzberg stated that the greatest employee motivators, based on several investigations, are (in descending order): achievement, recognition, work itself, responsibility, advancement, and growth. To improve employee motivation and productivity, jobs should be modified to increase the motivators present for the employee. To make this concept more usable, let's imagine you are a company manager and want to increase the satisfaction of your staff. As you walk through the process of job enrichment, you'll need to keep in mind these goals: Reduce repetitive work. Increase the employee's feelings of recognition and achievement. Provide opportunities for employee advancement (i.e. promotions into jobs requiring more skills). Provide opportunities for employee growth (i.e. an increase in skills and knowledge without a job promotion). Why Enrich Jobs? The purpose of job...
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...JOB ENRICHMENT I-Job enrichment Job enrichment is an attempt to motivate employees by giving them the opportunity to use the range of their abilities. It is an idea that was developed by the American psychologist Frederick Herzberg in the 1950s. It can be contrasted to job enlargement which simply increases the number of tasks without changing the challenge. As such job enrichment has been described as 'vertical loading' of a job, while job enlargement is 'horizontal loading'. An enriched job should ideally contain: • A range of tasks and challenges of varying difficulties (Physical or Mental) • A complete unit of work - a meaningful task • Feedback, encouragement and communication In contradict to job simplification, job enrichment, whose definition is “an attempt to motivate employees by giving them the opportunity to use the range of their abilities”, provides employees who want promotion with the chance to develop their skills and abilities in varityped jobs. Need to be distinguished from job enlargement, the goal of job enrichment is not merely to make the jobs more varied, it allows promotion-seekers to experience with the techniques to make every single employees a manager. The employee will be able to design his own working style, like what to do first and what can wait. II-Techniques Job enrichment, as a managerial activity includes a three steps technique. 1. Turn employees' effort into performance: • Ensuring that objectives...
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...EXAMINATION 1, Version F Use a Scantron Form No. 886-E to record your choice of the best answer to each of the following questions. You have the full period to answer the questions. The following questions are worth three (3) points each. 1. Operations management is the business function that plans, coordinates, and controls the resources needed to produce a company’s products and services. a) True b) False 2. Firms that focus on quality as their primary competitive priority usually implement either product design quality or process quality, but not both. a) True b) False 3. To remain competitive, companies must be innovative and bring out new products regularly. a) True b) False 4. The time between order placement and the receipt of goods is called lead time. a) True b) False 5. ISO certification has become a requirement for conducting business in many industries. a) True b) False 6. A process that is in control has no variation. a) True b) False 7. An example of an operation that does not add value is ____________________________. a) removing iron ore from the ground and shipping it to a steel mill b) filling the underground gasoline tanks at a service station c) making a wedding cake d) moving components to a warehouse for storage until the factory needs them e) moving luggage from a cab to the airport ticket counter ...
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...After receiving the check from restaurant, Pauly had to pay it in full price. As a result, he complained that the prices were unreasonable high and proposed a class action for breaching the contract and unjust enrichment against Houlihan’s Restaurants. In term of breaching of contract, Defendant assumes that Pauly received exactly what he paid and he agreed the price without protest when he paid the bill. Moreover, Houlihan’s restaurant also believe that it did not receive any services or profit from Plaintiff, as a result, Plaintiff fails to state a claim for unjust enrichment. Defendant argues that Plaintiff’s claims should be dismissed because Houlihan’s Restaurant is just a franchisor. Finally, the Court rejected Defendants’ arguments....
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...Alonzo Plater Law 240 12 March 2014 Chapter 10 Homework # 4, 9 4) A quasi contract is a contractlike duties imposed by the court to prevent unjust enrichment. It is an obligation that the law creates in the absence of an agreement between the parties. Unjust enrichment occurs when a person retains goods or benefits that do not belong to another. So under quasi contract, the court would hold the individual liable to pay for unjust enrichment. If the individual had no ideal about or was given as a gift the individual would not be liable to pay. 9) Goff Hamel works at the Hasting Family Planning Services and was asked to work for another company. She accepted their offer and gave in her notice for her job that she is quitting. The day before she was going to start one of the owner change their mind and didn’t want to her hire her any more. She sues for promissory estoppel and Hamel will win her case. The promissory estoppel states that a promise which the promisor should reasonably expect to induce action or forbearance on the part of the promise or a third person and which does induce such action or forbearance is blinding if injustice can be avoids only by enforcement of the promise. For Hamel to work for O&G she would have to quit her job current job to join her new job. So she relied on the promise that O&G was giving her a job and quit her other job. At the last minute O&G change their minds and is leaving Hamel without any job because she was promised one. Yes...
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...The personal liability of third parties for having received or dealt with trust rights or their traceable substitutes which they received in breach of trust is known as recipient liability. Knowing receipt arises where the recipient has some degree of knowledge that the property was received in breach of the trust or following receipt acquired some degree of knowledge that the rights were trust rights and dealth with them as his/her own instead of returning them to the trust. In Re Montagu’s Settlement Trusts (1987) Megarry J held that in order to found a claim for knowing receipt, the defendant had to have actual knowledge that his receipt was in breach of trust or was ‘willfully blind’ shutting his eyes to the obvious; or willfully and recklessly failed to make the inquiries that an honest or reasonable persons would make. However, a person was not liable for knowledge he might have once had, but had honestly and genuinely forgotten when the breach had occurred. Following this was the judgment in BCCI v Ackindele (2000). In this case Nourse J opined that just as Royal Brunei had cleared away the tangled case law of the past to establish from the first, principles the basis on which a person could be liable for assisting a breach of trust, the court could do the same for the law on recipient liability. He held that a defendant would be personally liable only if it would be ‘unconscionable’ for him to retain the benefit of that receipt of trust property. The court recognized...
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...How do the courts deal with Constructive Trust in the Trust of the Family Home? – Is Constructive Trust governed by coherent guidelines or is it a mere fallacy? Scholastic research shows many attempts at defining a Trust . While this area of law has developed over the years, its purpose has always been to confer a benefit to a beneficiary for a specified purpose under the control of a trustee. A constructive trust is therefore not a ‘real’ trust by the traditional definition of a trust and often referred to as a legal fiction created by the courts as a remedy for unjust enrichment. According to Watts (2011), a constructive trust arises by operation of law where the facts are such that it would be unconscionable for an owner to deny that another...
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...However, an injured party may sue under a theory of “contract implied in law” when the other party has received something of value at the expense of the injured party, even when the two parties have never interacted. The elements of an action under a theory of “contract implied in law”, also known as, “unjust enrichment,” “quasi contract” or “quantum meruit,” are as follows: (1) the plaintiff has conferred a benefit on the defendant; (2) the defendant has knowledge of the benefit; (3) the defendant has accepted or retained the benefit conferred and (4) the circumstances are such that it would be inequitable for the defendant to retain the benefit without paying fair value for it.” In a construction contract, a subcontractor may recover against the property owner if the subcontractor can establish the following: “that the subcontractor had exhausted all remedies against the general contractor and still remained unpaid and that the owner had not given consideration to any other person for the improvements furnished by the subcontractor.” In the current...
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...people, this came to be a state action, calling for application of state law. Jurisdictions differ depending on whether furnishing water is considered sale of a good under the U.C.C, however majority consider it a good under the U.C.C. Seven courts have held that water is a good and that water suppliers are merchants. See Dakota Pork Indus. v. City of Huron, 638 N.W.2d 884, 886 (S.D.2002). In contrast, only two courts have held that the furnishing of water is not a sale of goods under the UCC. See Mattoon v. City of Pittsfield, 56 Mass. App. Ct. 124, 775 N.E.2d 770, 784 (2002). As such, the complaint should most likely not be dismissed. Problem 10 Chapter 9 However, does Schumacher have a valid claim for unjust enrichment? Yes, Schumaker does have a claim of unjust enrichment. Granted courts are hesitant to step in on economic family matters, this is a relatively clear case. Schumaker virtually improved the condition and value of his parent’s property by building a well, stocking equipment, and building good-will of the business through improved marketing. He should be able to recover value of these improvements if his parents wish to retain them. As a result they not only failed to reject them, but are openly retaining them by attempting a sale of the property, in which Schumaker can recover. Schumacher v. Schumacher, 627 N.W.2d 725, 730 (Minn. Ct. App. 2001). Problem 6 Chapter 10 Will it win? Pernal made an...
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...same. Res Judicata is a doctrine used to maintain final judgements within court proceedings. Mintz v. Carlton House Partners, Ltd., 407 Pa.Super. Ct. 464 474 (1991). The four factors are “identity of issues,” “identity of causes of action,” “identity of persons and parties to the action,” and “identity of the quality or capacity of the parties suing or sued. Mintz v. Carlton House Partners, Ltd., 407 Pa.Super. Ct. 464 474 (1991). The debtor can meet the identity of issues factor because the composition of the debt is the same, although the damages differ between the original and amended complaints. Also, the debtor can meet the second factor because the individual is being sued for breach of agreement to repay the account balance and unjust enrichment in both complaints. Lastly, factors three and four can be met because the creditor and debtor are both the parties mentioned in the...
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...specific restitution of property. Thus a person who is wrongfully dispossessed of immovable property, or of specific movable property is entitled to recover the immovable or movable property, as the case may be. The concept of ‘Restitution’ revolves around conferment or receiving of benefit which is unjust. Supreme court in the case of State of Gujarat v. Essar Oil Limited while relying on the ‘Restatement of the Law of Restitution by American Law Institute (1937 American Law Institute Publishers, St. Paul)’ has expounded upon the phrase ‘benefit’ and has held that ‘A person confers benefit upon another if he gives to the other possession of or some interest in money, land, chattles, or performs services beneficial to or at the request of the other, satisfies a debt or a duty of the other or in a way adds to the other’s security or advantage. He confers a benefit not only where he adds to the property of another but also where he saves the other from expense or loss. Thus the word “benefit” therefore denotes any form of advantage’. Thus a case for restitution can be made out if it is proved that a benefit has been either conferred or received and the same is unjust, constituting unjust enrichment. 4) Other Remedies: In addition to the above remedies, in certain jurisdictions there could be other remedies as well like contribution among wrong-doers and remedies under the constitution. 4. Civil Proceedings: The next constituent of a Tort is civil proceedings i.e. a Tort being a civil...
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...Betty v. Art Issue: Was there a valid contract between Betty and Art? Formation For there to be a contract, there must be an offer, acceptance and consideration. Offer Issue: Whether there was a valid offer between Betty and Art? Under the restatement §24, an offer is the manifestation of willingness to enter into a bargain, so made as to justify another person in understanding that his/her assent to that bargain is invited and will conclude it. In determining whether there is a valid offer, courts apply objective test which applies the reasonable person standard. Betty asked Art “on what terms he would build a barn on her property”, which created a manifestation of willingness to enter into a bargain with Art. The facts also show that Art responded what was needed to build a barn , “$100 per square foot, and Betty agreed with the terms "OK, if you guarantee January 1, 2005 completion”. Those exchange of statements provides a clear manifestation of willingness to enter into a bargain, where her assent to that bargain is invited and will conclude it. Art can argue that the exchange was more of an informational exchange of words and an invitation to enter into an agreement instead of an actual offer. When he stated that he had never built a bar for hire and continued to discuss what he would charge Betty, one could argue that the figures being discussed were all hypothetical. To Art’s defense, he stated that he has never build a bar for hire, which...
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