Agreements – Page 6 – understand-culture

Can-do people

Can-do: Marked by willingness to tackle a job and get it done; characterized by eagerness to accept and meet challenges; a can-do kind of person; first Known Use of Can-Do: 1945.

Perhaps the most famous fictitious can-do American and cultural icon is Rosie the Riveter. Rosie represents the American women who labored in urban factories and replaced men who had left to fight in the Second World War. Rosie represented the ideal American laborer: loyal, efficient, patriotic, and pretty. Throughout history and up to the present, Rosie the Riveter is traditionally used as a symbol of women’s economic prowess and feminism.

Seldom does an American feel comfortable saying no to a customer, a boss or to a colleague. A no signals either lack of ability or lack of effort or both. Responding with a no to a request leads to that person – customer, boss, colleague – turning to others for assistance. And that means a loss of business.

Westinghouse Company’s War Production Committee commissioned Pittsburgh artist J. Howard Miller in 1942 to create a series of posters to boost public support for the war effort. The “We Can Do It!” poster came to be associated with “Rosie the Riveter.”

Nike Inc.’s “JUST DO IT.” trademark normally appears alongside the Nike logo, the Swoosh. Nike’s share of the domestic sport-shoe business rose from 18% to 43% from 1988 to 1998.

IBM’s slogan is a playful use of IT as in Information Technology and the pronoun “it.” The slogan boasts competence and forward movement in the world of technology.

Dell Computer’s slogan advocates for seizing the day, or “carpe diem,” and exploiting it. It argues for deriving more function and greater satisfaction from the present moment.

“At any given time“

Americans like their way of entering into and managing agreements. Flexibility is critical. They move fast, change directions just as quickly. Americans reassess constantly, initiate and react. All this, often with many people involved: colleagues, business partners, customers.

Fluid, flexible, fast. So, too, the agreements Americans enter into. Agreements change. High priority, low priority. Now, later. This way, that way. Yes becomes no. No becomes yes. Whatever gets the job done.

Americans are practical and pragmatic. At times uncoordinated, sloppy, ill-planned, impatient. It’s a big country. There is a lot going on. Agreements are what they are, at any given time.

Yes Men

Yes-man: a person who agrees with everything that is said; especially one who endorses or supports without criticism every opinion or proposal of an associate or superior. First known use in 1912 by Freeman Tilden in Century Magazine.

In 1993, the American Economic Association published an article demonstrating how subjective performance evaluations, one of the popular methods of giving employees feedback and determining such things as pay raises, incentivized employees to become Yes Men.

The article also argued that because of the tendency to create Yes Men, these programs should be avoided. Nevertheless, subjective performance evaluations are still commonly used in American businesses. In fact, Yes Men are so common in American culture that in 2008 Warner Brothers released the British/American film Yes Man.

This film follows the life of Carl Allen, a very negative person who decides to change his life by answering “Yes!” to every opportunity, request, or invitation that presents itself to him, something which, despite a few mishaps, ultimately increases the quality of Allen’s life.

Tesla’s Bane

In 1885 Nikola Tesla, who had recently immigrated to the US from Serbia, told his employer Thomas Edison that he could redesign Edison’s direct current generators, greatly improving both their service and cost. Hearing this, Edison remarked: “There’s fifty thousand dollars in it for you if you can do it.”

Even though Edison’s company had a reputation for being tightfisted, Tesla took him at his word, and after he completed the task, Edison refused to pay him the money. Instead, Edison told Tesla that he was only joking, and offered him a $10 per week raise for his current $18 per week salary. Insulted, Tesla immediately resigned.

bane: death, destruction; woe; a source of harm or ruin, a curse. Middle English, from Old English, akin to Old High German death. First Known Use: before 12th century

tightfisted – parsimonious; stingy; tight; mean; miserly. Origin from 1835-45.

Litigation

Given their litigation-heavy culture, it may seem ironic that Americans are so quick to say yes to an agreement. After all, saying yes and then not following through should make it easier for the one party to file a lawsuit.

However, the reality is the opposite. By having a culturally soft yes Americans make it more difficult for others to successfully sue them. In the U.S. it takes far more than a simple yes to indicate an oral agreement, which offers Americans protection from legal claims.

Gianni vs. Russell Supreme Court of Pennsylvania 1924 – Gianni, who owned a small store, claimed that his landlord told him that he could have the exclusive right to sell drinks in the building.

The landlord then rented another space in the building to a company that sold drinks, and Gianni attempted to sue. However, because Gianni had entered into a written lease, and there was no mention of this right in the lease, the oral contract was said to be nonexistent.

Power Entertainment Inc. v. National Football League Properties, Inc., United States Court of Appeals, 5th Circuit, 1998 – the plaintiff and defendant orally agreed that Power Entertainment would take over a licensing agreement between the NFL Properties and another company in exchange for Power Entertainment assuming the $800,000 debt between the two original companies. However, after the debt was paid, NFL Properties did not transfer the license, and the oral contract was found to be invalid.

Additionally, oral agreements in the US are sometimes called handshake deals. Although an actual handshake isn’t necessary to make the agreement binding, this still shows that it takes more than a ‘yes’ to enter into an agreement.

Conditional Yes

Commitments are, by definition, conditional due to factors beyond the control of the parties to an agreement. Next-level management may change their priorities. The customer could modify their requirements. Available resources – people, time, budgets – are often redeployed on short notice.

Caveat: is a warning or proviso of specific stipulations, conditions or limitations. In law, a caveat is a notice that certain actions may not be taken without informing the person who gave the notice. “Caveat” originates in the mid 16th century and is derived from Latin, literally from “let a person beware.”

Contingency: Event (as an emergency that may, but is not certain to occur); trying to provide for every contingency; something liable to happen as an adjunct to or result of something else. From Latin contingent-, contingens: to have contact with, befall, from com- + tangere to touch; first Known Use: 14th century.

A coach’s yes

In 2015, following the Penn State University wrestling team’s duel with the University of Minnesota, coach Cael Sanderson answered yes when asked if Jimmy Lawson instead of Jon Gingrich would be the Penn State heavyweight in the critical time nearing the end of the season.

When asked to comment on this, Lawson clearly took his coach’s yes as conditional, and responded: “In my mind it’s not really over. We’re both seniors, we both want to be the guy out there, we both want to do well at nationals, so I’ve just got to keep competing.”

As it turned out, Sanderson’s yes was conditional, and he later qualified his yes, saying “It can never be done . . . (the wrestlers) are always pushing and trying to get to the top. You want to help the team by being the best you can be and if that’s pushing the guy ahead of you or even taking the spot, that’s what you need.”

Pitch in

It is typical for adolescent Americans to have their first jobs working for their neighbors. Grade school children often take care of their neighbors’ pets when the neighbors are on vacation, while older children tend to find employment as babysitters and lawn mowers.

Block parties (parties exclusively for people living in a neighborhood) are also common. They give neighbors a chance to get to know each other, which makes them more comfortable to help each other.

Additionally, if one of the neighbors experiences a sudden misfortune (death of a family member, lost job, etc.), it’s common for the other neighbors to pitch in bringing the person food and other small gifts for a couple of weeks following the incident.

pitch in (verb): to begin to work; to contribute to a common endeavor. First known use was in 1843. Synonyms include chip in, kick in, contribute.

Yes Signals

Germans focus on so-called Knackpunkte – literally snap or break points – those areas, which if they fail, all fails. The German yes is often given conditionally or with a warning: “We can do that, assuming that ….”, or “That would be possible, but only if ….”, or “At the moment we cannot give you a 100% guarantee, because ….”. By stating there is inherent risk involved, Germans are sharing the risk with the other party to the agreement.