Question
4. Please discuss whether any of the following contracts will be enforceable or unenforceable: (a) Kim was employed by ABC Corp. as an office manager.
4. Please discuss whether any of the following contracts will be enforceable or unenforceable:
(a) Kim was employed by ABC Corp. as an office manager. She was accused of embezzlement due to missing money from the companys accounts receivables, which she admitted to, and she was fired from the company. Three days later Kim returned to the companys office and signed an agreement with the company to repay the missing money totaling $5,000 in 10 equal monthly installments. Kim made 4 installments and then stopped making any further payments. ABC Corp. sued Kim for the balance amount. Kims defense and reason for stopping was that the agreement she signed with ABC Corp was under duress and she is not obligated to make any payments. Would your answer change if the reason she raised the defense of duress was due to her attending a support meeting for unemployment professionals?
(b) Helen finds a shiny stone while she is walking on the city park that she believes to be just a unique stone. Aaron, her best friend who also believes that the stone is just unique, contracts to purchase it for $20. The day after the agreement and before delivery of the stone, the stone is discovered to be a rare diamond worth $20,000.
(c) Tim, a well known artists, contracted with Liz, an established entrepreneur, to paint some unique portraits for her new getaway home. The agreement was for Tim to paint 5 pieces of art at $10,000 each that will feature nature. When the pieces of art were delivered to Liz, Liz refused to pay for them because she did not really like the sceneries of the arts.
(d) Angelina Dolie, a well known actress and missionary, contracted with Armano, a well known fashion designer, for Armano to design a dress for Angelina so she can wear it at next months Oscar Awards. The contract provided that the selection of the design, fabric, and other details for the dress were the sole responsibility of the designer. Angelina wore the dress at the Oscars but refused to pay for the dress because it was little too big for her and it made her look too fat. The dress actually was little too big for Angelinas body.
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