Managerial Economics A2

University – Industry collaboration case
Read the comprehensive survey of the University -Industry collaboration case in Europe thoroughly.
Answer the following questions :
a. What does the University – Industry collaboration amount to ? – It objectives, aims and strategy
b. How will the program each of the university and the country economically ?
c. What was missing in the current scheme and programs of collaboration  and how can it be corrected ?
d. What can we expect from the co ntribution in  developing the European economy overall ?
e. How can we imulate the program above in our region, countries or among the Muslim world  and how can we benefit from it together economically ?

Medical Error Reporting – Policy and Procedures: HCM 520

Scenario:
A new, free-standing hospital has been built in Saudi Arabia and will be opening in the coming year. The hospital’s leadership is well aware of the high rate of medical errors that occur in hospitals throughout the Kingdom and is eager to put proactive plans in place prior to opening.
As part of these efforts, you have been tasked with writing the organization’s policy and procedures on reporting medical errors. Your document should be thorough but succinct. It must include the following elements:

  • Policy title
  • Policy statement
  • Purpose
  • Authority
  • Scope
  • Responsibility
  • Procedures.

Your well-written Policy and Procedures document should meet the following requirements:

  • One to two pages in length.
  • Utilize the Medical Error Policy template linked below.
  • Provide support for your work with in-text citations from a minimum of two scholarly articles. One of these sources may be from the class readings, textbook, or lectures, but one must be external. The Saudi Digital Library is a good place to find these references.
  • Provide full APA references for the sources used, along with appropriate in-text citations.

Physical Security Controls

Trust And Communication

The implementation of new HR practices is less likely to create conflict with the employees involved when trust is present in an organization. Employees who trust their HR leaders, are more likely to accept changes and less likely to resist them.   Generating trust is necessary and can serve as a foundation for effective communication. Being effective in communicating new HRM practices can help ensure that employees are receiving the correct information and that fewer misunderstandings of expectations occur. In addition, effective communication can result in increased motivation, morale, and productivity.  Post by Day 3 a cohesive and scholarly response based on your readings and research this week that addresses the following: •Based on this week’s readings, how might employees’ trust in HR positively or negatively impact their acceptance of new HRM practices? Be specific and provide examples. •How might employee trust in HR be rebuilt when it is low or does not exist?   •How might you effectively communicate new HRM practices to gain employee understanding and acceptance? •Be specific and provide examples.

Case Study: Ministry of Health (MOH) Vision and Strategy

For this assignment, you will write a research paper exploring the Ministry of Health’s vision and strategy to improve healthcare delivery for all citizens throughout the Kingdom of Saudi Arabia
Choose three out of the four topics below:

  • Interoperable electronic health records
  • Equitable care standards
  • Quality and performance standards
  • Governance and accountability.

For each selected topic:

  • Provide an overview of the MOH vision and strategy for that topic.
  • Explain the importance of the topic and how it will improve healthcare quality and safety in Saudi Arabia.

Your well-written paper should meet the following requirements:

  • – Four to five pages in length, not including the cover or reference pages.
  • – Formatted per APA  standards.
  • – Provide support for your work with in-text citations from a minimum of four scholarly articles. Two of these sources may be from the class readings, textbook, or lectures, but two must be external.
  • – Provide full APA references for the sources used, along with appropriate in-text citations.
  • – Utilize headings to organize the content in your work.

Case Study For Enterprise System

Case Study: Mobile Health Electronics Ltd
Manufacturing – Make to stock
Background
Mobile Health Electronics Ltd (MHE) is an Australian manufacturer of wearable monitoring devices that
are sold for use in hospitals and retail outlets. Their home office is in Melbourne, which is also the
headquarters for the main sales office. A sales office is also located in Sydney, NSW. The company has
two manufacturing plants in Australia: one in Melbourne, and another one in Liverpool, NSW.
Distribution centres are also located at each of the current manufacturing plants. The company recently
added a China sales force in Beijing which includes a manufacturing facility and a distribution centre.
The company is keen to expand into India, to develop and sell healthcare mobile hand-held computers
there, and also open a sales and trainings office in the UK to expand its operation in Europe and North
America.
Each of the manufacturing plants acts as an independent company maintaining separate sets of books
and operating more or less autonomously. The Melbourne home office has had their own ERP system
for 7 years but Liverpool and Sydney’s operation have been supported by using a variety of legacy
systems to assist their manufacturing plant, human resource, financials, procurement and sales and
distribution.
With a wide range of IT systems in place, the company thinks a centralised and robust ERP system will
allow for process standardisation across its plants and offices, particularly to enable centralized
procurement and sales functions. They also want to be able to consolidate financial statements as well
as look at sales by product across the companies.
Selling of the products is done with a sales force that calls on warehouse and retail sales outlets such as,
JB Hi Fi, OfficeWorks, and Harvey Norman stores, or by directing visiting hospitals and healthcare service
providers. The Company also manufactures and sells replacement parts.
Traditionally, the company’s CEO and marketing manager travel to trade fares around the world to
promote their scanners and mobile hand-held computers. However, they have been also looking into
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starting an on-line shopping cart web site where they could promote their products and sell parts and
products online. They are also considering providing online trainings to their sales representatives and
staff across the world.
Current Challenges
Mobile Health Electronics Ltd is a growing company that needs standard operations across its
manufacturing, sales and inventory activities. Currently, its IT systems lack the flexibility and scalability
to support its growth into new markets over the next decade. Furthermore, the current IT systems do
not provide the data standardization needed for analysing the costs and profitability of different
products, by sales regions and customer. Mobile Health Electronics Ltd is yet to develop a healthcare
mobile hand-held computer which can be used in both developed and developing countries but again
their systems need to be upgraded to allow for this strategic direction. Another key strategy for MHE is
its commitment to customer satisfaction by delivering the product(s) at the right time, right place, and
at the right price. This may require make to order as well as make to stock products. MHE is organized
around processes that are focused on the value add to customers.
Some additional high-level facts about MHE are as follows:
 MHE products need to be customized for value added resellers (VARs) by application of the
reseller’s logo at assembly.
 Individual customers do not have direct influence over the product or its function, shape, and
size; however this is something that the Board of Directors (BoDs) is considering changing in the
future to allow individual customers the opportunity to create specialised mobile devices.
 Sales planning and product design are determined by management in cooperation with other
staff members.
 All sales are maintained in Australian/US currency only, even though the company does business
with other countries like China.
 The company currently sources “raw materials” – parts, subassemblies and even one final
product from Korea, Japan, and Germany. These components require strict quality assurance
processes. The company is keen to maintain its current network of suppliers but also seeking
possibilities of working with more suppliers from other countries such as the US and New
Zealand.
Emerging Business Requirements and Future Challenges
With the fast changing and highly competitive business environment, the management of MHE have
realised that the current implementation of their legacy ERP and other enterprise systems which have
been in operation for about 7 years has its share of limitations. The management has realised that new
business requirements and drivers are emerging. They have also realized if they are not proactive, the
emerging requirements can negatively influence the company’s competitive advantage and market
share and as such, they need to act quickly.
Also, the traditional hyper-connected customer centric business models adopted by MHE are causing
the company to fall behind in its interactions with its customers as customers are the real drive for
change. However, the company is currently very slow to respond and adapt to changing circumstances.
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Furthermore, workforce engagement is an important priority. The increasing mobility of managers, staff,
clients and competitors, has created a huge network of mobile information and expertise. The company
has realized that they need an effective and efficient way of supporting, managing and taking advantage
of the networking opportunities that such a network of mobile workforce and clients offer. They are
particularly interested in taking advantage of such a network for improving the design of their products
and also developing a collaborative marketing strategy.
You are employed by Mobile Health Electronics Ltd as a Business Systems Requirements Analyst on a
contractual basis. You have had extensive experience with enterprise systems projects, specifically in
managing software implementations in manufacturing organisations.
Your Task:
You have been asked by the Board to work on the Enterprise System adoption and implementation. You
need to prepare a report that helps the BoDs to make an informed decision with regards to purchasing
an ERP system. Your report and recommendations should include the following information:
A – An analysis of the current situation
A1 – Business requirements and drivers
Develop a list of MHE’s business requirements and business drivers (at least 10 items). Provide a brief
description for each item on the list. Make sure your description is linked to MHE and its business
context.
A2 – Linking requirements to ERP functionalities
Using the list you developed in A1, create a table that includes:
1- A column of the identified items on the list
2- A column that specifies whether each item is a business driver or a business requirement
3- Identify business process(es) that can support or fulfill each of these business drivers or
requirements
4- Identify the type of data or information that is required for the successful completion of each
business process.
5- Against each business driver or requirement in the table, choose ERP functionalities that can
help MHE to meet/achieve its specific business requirements/drivers.
6- Provide a justification for each choice you made in step 5.
B – Software selection process
Using the table A2, your research of the existing enterprise systems in the market suggests that there
are four suitable ERP solutions for MHE:
 SAP Business Suite 4 SAP HANA (a.k.a SAP S/4HANA)
 SAP ECC6
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 Sage X3
 Oracle Cloud Accelerator
What other information would you require for recommending the best solution to MHE? What are other
considerations to take into account? Adopt a Rich Picture approach to justify your answer.
C- Laying the foundations for business value and digital transformation
through digital disruption
The management team of Mobile Health Electronics Ltd is fully aware that they need to lay the
foundations for business value and digital business transformation. This focus was an aspect they
considered when they decided to implement a new ERP system suite. The Board of Directors is
concerned that if they do not focus their future approach on digital transformation, they will lose their
competitive advantage with their customers and be left behind.
The CEO of Mobile Health Electronics Ltd has recently attended a Deloitte presentation: “Harnessing the
‘bang’: Stories from the digital frontline.” Findings indicate that 13 industries comprising 65% of the
Australian economy are facing significant digital disruption by 2017.
(Located at:
http://www2.deloitte.com/au/en/pages/building-lucky-country/articles/digital-disruption-harnessingthe-
bang.html)
 Define what is meant by digital disruption by using case studies as examples to aid your
definition.
 Discuss the major advantages and disadvantages (risks) to Mobile Health Electronics Ltd should
they not focus their attention on digital disruption.
 Identify specific ways in which Mobile Health Electronics Ltd can improve:
 Their digital disruption performance,
 competitive differentiation and
 growth in the future
 Conclude with a recommendation on your findings for Mobile Health Electronics Ltd.
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Structure of the report
Total: 60 marks (30% of overall assessment in the unit)
Your report should include no more than 3000 words and include:
1- Title Page (0.5 mark)
2- Exec Summary (2 Mark)
 No more than 2/3rds of a page
 Should provide an overview of the report outcomes
3- Table of contents page (0.5 Mark)
4- Introduction (5 Mark)
 You will be required to provide the purpose and a brief overview and the structure of
the report.
5- Scope (1 Mark)
 This section discusses the breadth and depth of the project
6- Audience (1 Mark)
 This section discusses who the report is going to
7- Project Background (5 marks)
 This section briefly discusses the project and its motivations
 This section should not be less than one page
8- Analysis and Evaluation (40 Marks)
 An analysis of the current situation
 Software selection process
 Analysis of digital transformation through digital disruption
9- Overall summary (5 marks)
 An overall summary of the report should be identified here. This should link to findings
at each point and be able to sell the project to the BoDs and CEO. This should cover at
least half a page.
10- References
Citation: You need to follow Harvard Style

Accounting 400 –Introduction to Energy Accounting

TEXAS SOUTHERN UNIVERSITY

SCHOOL OF BUSINESS

DEPARTMENT OF ACCOUNTING

COURSE: Accounting 400 –Introduction to Energy Accounting

PROFESSOR: Richard Pitre

TERM: Fall 2017

TEXT: AICPA: Entities with Oil and Gas Producing Activities, January 1, 2014.

OFFICE LOCATION: JESSE H. JONES SCHOOL OF BUSINESS, Rm. 368

TELEPHONE: (713) 313-7717, E-mail: pitre_rx@tsu.edu
Office Hours: Tuesdays & Thursdays: 12:00 PM – 1:00 PM
2:15 – 4:00 PM
By appointment
PREREQUISITE: Accounting 231
Please review Chapters 1-5 of the Financial Accounting Textbook
For information about the CPA Examination: https://www.tsbpa.state.tx.us/
http://careers.chevron.com/disciplines/index_of_disciplines/accounting/
The Texas Southern University (TSU) complies with non-discriminatory policies for students with disabilities under the guidelines of the Americans with Disabilities Act (ADA) of 1990, the ADA Amendment Act of 2008, and the Rehabilitation Act of 1973 (Section 504). These Acts mandate equal opportunities for qualified individuals with disabilities in higher education public facilities, programs, activities and services. Under these federal guidelines, the University is required to protect the civil rights of students with disabilities; maintain the student’s confidentiality; and provide reasonable academic accommodations/auxiliary aids to students with documented disabilities. Any student who may need accommodations based on the impact of a disability should contact the Office of Disability Services (ODS) at 713 313-7691713-313-4210. The ODS is located in the Student Health Center, Room 140. (http://students.tsu.edu/departments/office-of-disability-services/)
OBJECTIVE:
The objective of this course is to provide a fundamental understanding of the Energy industry and to specifically train students in the area of Financial Reporting and Tax Practices of the energy industry. The course will provide guidance in accounting for cost activities relating to, acquisition of mineral interest in properties, exploration, development, and production of oil and gas.
“Oil and natural gas together make petroleum. Petroleum, which is Latin for “rock oil,” is a fossil fuel, meaning it was made naturally from decaying prehistoric plant and animal remains. It is a mixture of hundreds of different hydrocarbons molecules containing hydrogen and carbon that exist sometimes as a liquid (crude oil) and sometimes as a vapor (natural gas). To determine the existence of petroleum at a particular site it is necessary to drill an exploratory well. Over the past 150 years, more than two million such wells have been drilled. This process is complex and risky, often requiring huge amounts of investment. In order to reduce the number of exploratory wells drilled, scientific methods are used to determine the most promising sites.”http://www.instituteforenergyresearch.org/gas/us-energy-facts/
Outline
I. AABE Guest – Mr. Chris Odom August 29
II. Review of Basic Accounting August 31
Annual Reports https://www.sec.gov/Archives/edgar/data/34088/000003408816000065/xom10k2015.htm
http://www.shell.com/investors/financial-reporting/sec-form-20-f.html
III. AABE Guest – Mr. Chris Odom August 31
IV. Introduction to the Energy Industry September 5
Videos

https://www.youtube.com/watch?v=_8VqWKZIPrM
https://www.youtube.com/watch?v=8YHsxXEVB1M
http://www.youtube.com/watch?v=IC40mZHu2ZQ
Oil and Gas Links
http://breakingenergy.com/2015/05/06/top-20-risk-factors-cited-by-the-100-largest-us-upstream-oil-and-gas-players/
https://www.google.com/?gws_rd=ssl#q=Upstream+Oil+and+Gas+Risk
http://publications.total.com/document-de-reference_2014_VA/risk-factors/other-risks/risks-related-to-oil-and-gas-exploration-and.html
http://publications.total.com/document-de-reference_2014_VA/risk-factors/other-risks/economic-environment.html
V. Chapter 1: Overview of the Industry September 7
Oil and Gas Accounting Terminology Text, page 215 September 7
https://en.wikipedia.org/wiki/List_of_acronyms_in_oil_and_gas_exploration_and_production
https://cogcc.state.co.us/COGIS_Help/glossary.htm
http://www.investopedia.com/articles/stocks/09/oil-drillers-cracked-up.asp
http://www.investopedia.com/articles/07/oil_gas.asp
VI. Oil and Gas Trading –Aspect Enterprise Solutions September 21
VII. Examination 1 – 200 points (Modules I. – V.) September 26
VIII. Chapter 2: Primary Business Activities of the Industry September 28
IX. Chapter 3: Oil and Gas Ownership Arrangements September 28
X. Chapter 4: Successful Efforts
· Acquisition Cost October 3
· Exploration Cost October 5, 10
· Development Cost October 12,17,19,24
Interest Capitalization
DD&A
Asset Retirement
· Production October 26,31
· Impairment November 2
· Joint Interest November 7,9
· Disclosures November 14,17
http://heincpa.com/wp-content/uploads/2012/11/JoeBlice_Disclosures-for-AICPA-Conference_11-12.pdf
https://www.sec.gov/Archives/edgar/data/34088/000003408816000065/xom10k2015.htm
Aspect four more days

Assessment Points
Examination #1 200 September 19
Quizzes – Unannounced 100
Topic 12: Oil and Gas Producing Activities Project 100 Due Date:
November 22
Comparative Analysis (Successful-Efforts, Full Cost, & IFRS) Project
Significant Differences:
Activities US GAAP (Successful Efforts) Full Cost IFRS
US GAAP — Full cost US GAAP — Successful efforts IFRS
100 Due Date:
November 30
Fail Value Measurement in the Oil and Gas Industry
4-5 pages (an approximation) report
100 December 1
Oil & Gas Trading Project
Aspect Enterprise Solutions
200 Due Date: TBA
Sub-total for Exams and Quizzes 800 Points in excess of 600 in exams, assignments and quizzes are for missed activities.
From exams and assignments 600 Points in excess of 600 in exams, assignments and quizzes are for missed activities.
Final Examination
Comprehensive Final Examination December 12, 2017 3-5 pm.
400
Total Points 1,000
Grading Scale – Based on 1,000 Course Points
A 90% 900
B 80% 800
C 70% 700
D 60% 600

Make-Up (The extra 200 points in quizzes and assignments are for missed work.)
DROPS, ADD, PREREQUISITES, ETC., ARE HANDLED ACCORDING TO UNIVERSITY AND SCHOOL OF BUSINESS RULES AND REGULATIONS.
YOU MAY FIND THIS INFORMATION IN THE STUDENT HANDBOOK AVAILABLE IN BUSINESS STUDENT SERVICES.
BUSINESS STUDENT SERVICES IS LOCATED IN ROOM 117, JESSE H. JONES SCHOOL OF BUSINESS.
NO BEEPERS, CELL PHONES AND OTHER ELECTRONIC DEVICES ARE ALLOWED TO BE AUDIBLE IN THE CLASS. YOU WILL BE SUBJECT TO EXPULSION.
ALL DOCUMENTS SUBMITTED BY STUDENTS WILL BE INSPECTED FOR PLAGIARISM. ALL VIOLATORS OF COPYRIGHT RULES WILL BE PUNISHED ACCORDING TO UNIVERSITY AND SCHOOL OF BUSINESS RULES AND REGULATIONS.
CLASS ATTENDANCE IS CRITICAL TO THE SUCCESS OF THIS COURSE.
All Assignments Are Posted on Blackboard. Email communication is through your TSU email address.
http://www.shell.com/investors/financial-reporting/sec-form-20-f.html
Comprehensive Final Examination May 11, 2017 1-3 pm.
http://www.youtube.com/watch?v=IC40mZHu2ZQ
http://www.youtube.com/watch?v=xZ1HIBIIJU0
http://www.youtube.com/watch?v=CXmmlIrwR20
http://www.youtube.com/watch?v=_hwzJUDWIQQ
http://www.eei-inc.com/media/oil_gas_video.php
http://www.youtube.com/watch?v=sfWKztzNAzg

CONSULTING FOR THE REAL TIME-Law

CONSULTING FOR THE REAL TIME1 In 1952, singer Peggy Lee entered an agreement with Disney to work on the animated film Lady and the Tramp. Peggy Lee wrote six songs, sang three, and was the voice for four characters in the 1955 film. Lee was paid $3,500 for her participation. Disney retained all rights to revenues earned from distributing the movie to theatres and television broadcasting companies in domestic and foreign markets. Lee retained the right to residual payments at 12.5% for such items as phonographic recordings sold to the public. Specifically, the contract gave Disney the right to distribute the film including the rights to “any other technology yet to be invented,” but § 12(b) of the agreement provided that
Anything herein to the contrary notwithstanding, it is agreed that nothing in this agreement contained shall be construed as granting to us (Disney) the right to make phonograph recordings and/or transcriptions for sale to the public, wherein results or proceeds of your services hereunder are used.
In 1987 Disney began distributing videocassettes of the film. Lee sued in March 1988, claiming she was entitled to $9 million. Specifically she claimed that she was entitled to 12.5% of the profits Disney generated from the sales of videocassettes of Lady and the Tramp on the basis that the distribution of the videocassettes was not authorized by the 1952 contract. Disney countered that the distribution of the videocassettes was authorized in the contract and that Lee was therefore entitled only to residual payments for her songs and voice performances, which would be capped (under union rules) at $381,000. Disney introduced evidence that it was their “custom, practice and usage” not to allow profit participation deals for voice performers in animated movies, a policy which “evolved,” according to the testimony of Roy Disney, “from the notion of absolute ownership, no strings attached…It stems from bad experiences Dad and Walt had in the ’20s.” Further, there was testimony from Jodi Benson, the voice of Ariel in The Little Mermaid (released in 1989), and Cheech Marin, a voice in Oliver & Co. (released in 1988), who
each testified that Disney did not give voice actors profit participation deals. 2
Required Assume that The Real Time has hired your team as consultants to provide them an unbiased report on the merits of this litigation and the damage claims made by Ms. Lee. (Use the guidelines for writing a report found on the course website.) The editors intend to use your report to write an informative article that will appear in an issue of their journal. In preparing your answer be sure to review financial accounting concepts 2 and 7, management accounting concepts 7 and 8, and business law concepts 1 and 2.
Copyright 2009, Dr. Melanie Williams and Dr. Jan Bell
1While this case is loosely based on articles appearing in journals and newspapers, much of the information contained herein is
fictitious and provided for purposes of educating students.
2“Breach of Contract: Lee v. Walt Disney Productions,” The Entertainment Litigation Reporter, April 8, 1991.
Exhibit 1 Lady & the Tramp Project Income Statement *
For the year ended 12/31/87
Sales $ 77,236,000
Cost of Goods Sold 31,963,480
Marketing Expenses 3,487,316
General & Administrative 9,545,460
Profit before Tax $ 32,239,744
*These are fictitious statements and do not represent the actual results that Disney received from Lady and
the Tramp.
Notes:
 Cost of Goods Sold includes the costs to produce the videocassettes for sale to the public.
 Marketing Expenses include the direct expenses of marketing and distributing these videocassettes to the public.
 General and Administrative expenses are the indirect costs of running Buena Vista Home Video. They are allocated to each project of Buena Vista based on a formula. The formula is each project’s sales revenue divided by total sales revenue generated by all projects multiplied by the total general and administrative costs of Buena Vista.
 Individual projects of Buena Vista are not charged income tax expense since taxes are determined on Disney’s worldwide operations.
CONSULTING FOR THE REAL TIME LIBRARY
Interpretation of contracts General rules of construction
Courts look to contracts to determine the parties’ obligations. Most of this analysis is based on the language of the agreement. However, sometimes there are issues not mentioned or ambiguously addressed in the contract. What to do in such a case? Courts follow general rules in construing contracts called “rules of construction.” Some of these rules are articulated in cases, some are intuitive but few are codified in statute. It makes is difficult, sometimes, for businesspersons to make business decisions. The more you understand how courts tend to approach contractual disputes, the more effective you will be at managing resources. Here are a few rules of construction that may apply to this case. Think about how they affect your analysis of the case. Use them (cite to specific sources) in your analysis of the case.
Courts seek to protect the reasonable expectations of the parties
Courts construe a contract’s meaning to be consistent with the parties’ intention The central rule of contractual analysis is to interpret based upon the parties’ intent on entering the agreement. It is central to legal analysis to recognize that courts do not enforce agreements based upon what the judge thinks is fairest, “right” or best. The judge wasn’t a party to the agreement and his or her opinion is irrelevant on this issue. Instead, interpret contracts to most consistently enforce the parties’ reasonable expectations. The judge’s job (and your job in this assignment) is to figure out what the parties intended and to interpret the contract consistent with that intent.
Here is some authority for this proposition:
(The contractual meaning) is determined by objective manifestations of the parties’ intent, including the words used in the agreement, as well as extrinsic evidence of such objective matters as the surrounding circumstances under which the parties negotiated or entered into the contract, the object, nature and subject matter of the contract, and the subsequent conduct of the parties. Morey v. Vannucci (1998) 64 Cal.App.4th 904, 912.) The fundamental goal of contractual interpretation is to give effect to the mutual intention of the parties. The mutual intention to which the courts give effect is determined by objective manifestations of the parties’ intent, including the words used in the agreement, as well as extrinsic evidence of such objective matters as the surrounding circumstances under which the parties negotiated or entered into the contract; the object, nature and subject matter of the contract; and the subsequent acts and conduct of the parties. 1 Witkin Summary of Cal. Law, Contracts (9th ed. 1987) § 684, pp. 617-618.
A contract must be so interpreted as to give effect to the mutual intention of the parties as it existed at the time of contracting, so far as the same is ascertainable and lawful. Cal. Civ. Code § 1636.
Missing or ambiguous terms Contracts are interpreted as they were apparently intended by the parties at the time the contract was created. If the parties’ intent can be determined, courts will supply missing terms or clarify ambiguities. They will not, however, insert terms to create an agreement where none, really, exists. Here are some relevant references:
Copyright 2009, Dr. Melanie Williams and Dr. Jan Bell
A contract extends only to those things concerning which it appears the parties intended to contract. Our function is to determine what, in terms and substance, is contained in the contract, not to insert what has been omitted. We do not have the power to create for the parties a contract which they did not make and cannot insert language which one party now wishes were there. Levi Strauss & Co. v. Aetna Casualty & Surety Co. (1986) 184 Cal. App. 3d 1479, 1485-1486.
However broad may be the terms of a contract, it extends only to those things concerning which it appears that the parties intended to contract. Cal. Civ. Code § 1648.
If parties had concluded (a) transaction in which it appears they intend to make contract, (the) court should not frustrate their intention, if it is possible to reach fair and just result, though this requires choice among conflicting meanings and filling of some gaps left by parties. Rivers v Beadle (1960) 183 Cal App 2d 691.
Invasion of privacy analysis
Invasion of privacy is actually a collection of four different types of wrongdoing, only one of which is relevant here: the use of one’s name or likeness without consent. Despite the name, this tort has nothing to do with privacy. It is more accurate to say that it relates to publicity – the right of those who have a market for their name or likeness to sell it. If, for example, you took a picture of Tiger Woods and put it in an ad for your product without his permission Tiger might complain (legitimately) that you were using his likeness (i.e. a photo of him) without his permission. This results in a financial loss for Tiger Woods, since there is a market for his “likeness” – advertisers are willing to pay significant amounts of money to use Tiger Woods to endorse their products. Tiger Woods has a right to select those products he may want to endorse and he has a right to make money from it. If you use his likeness without his permission, you’ve effectively deprived him of his right to commercialize his image. However, if one gives consent to the use, then there is no violation of one’s right to privacy. If, for example, Tiger Woods agreed that you could use his picture on your product advertising, then he is barred from suing for it later. Consent is agreement voluntarily made, and can be express (i.e. specifically stated orally or in writing) or implied under the circumstances. One problem with Lady and the Tramp is that Peggy Lee is claiming a violation of her right to privacy (specifically, the use of her name or likeness without her consent.) Did Disney use Lee’s name or likeness without her consent? Here are some relevant sources for this analysis: California Civil Code § 3344 provides in part:
Unauthorized commercial use of name, voice, signature, photograph or likeness (a) Any person who knowingly uses another’s name, voice, signature, photograph, or likeness, in any manner, on or in products, merchandise, or goods, or for purposes of advertising or selling, or soliciting purchases of, products, merchandise, goods or services, without such person’s prior consent …shall be liable for any damages sustained by the person or persons injured as a result thereof.
From the case Lugosi, v. Universal Pictures, 25 Cal. 3d 813 (1979):
The so-called right of publicity means in essence that the reaction of the public to name and likeness, which may be fortuitous or which may be managed or planned, endows the name and likeness of the person involved with commercially exploitable opportunities. The protection of name and likeness from unwarranted intrusion or exploitation is the heart of the law of privacy.
From the case Midler v. Ford Motor Co., 849 F. 2d 460, 463 (1988) (In which Bette Midler sued on the basis that the defendant hired a “sound-alike” singer to imitate her voice):
A voice is as distinctive and personal as a face. The human voice is one of the most palpable ways identity is manifested. ..A fortiori, these observations hold true of singing, especially singing by a singer of renown. The singer manifests herself in the song. To impersonate her voice is to pirate her identity. (citations omitted) We need not and do not go so far as to hold that every imitation of a voice to advertise merchandise is actionable. We hold only that when a distinctive voice of a professional singer is widely known and is deliberately imitated in order to sell a product, the sellers have appropriated what is not theirs and have committed a tort in California. Midler has made a showing, sufficient to defeat summary judgment, that the defendants here for their own profit in selling their product did appropriate part of her identity.