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Apply the theories and concepts to determine how best to apply the law. Remember ambiguity is found in all legal controversies and that you must

Apply the theories and concepts to determine how best to apply the law. Remember ambiguity is found in all legal controversies and that you must examine and discuss all ambiguities before arriving at a conclusion, determination or resolution.

Charlie and Teddy have been best friends since they were in kindergarten together at Shawnee Mission North grade school in Kansas City, MO. Now Charlie, his wife, and two children live in Chicago, where Charlie and his wife both work. Teddy, his wife and three kids live in Charleston, SC. During the summer, Teddy and his family enjoy their condo on Kiawah Island, SC. Even though they now live in different states, Charlie and Teddy make sure that they see each other at least twice a year. Last year, Charlie and Teddy's families met up in Florence, WI to enjoy a vacation together. They rented a lakeside home on Spread Eagle Lake. Charlie and his family really enjoyed the trip and ended up going back to purchase the lakeside home. While in Florence, WI, the two friends discussed the possibility of opening a coffee and frozen yogurt shop on Kiawah Island, SC. Teddy also owns a home in Naples, FL, which he bought for his mom to live in. Charlie's mom also lives in Naples, FL, Charlie and his family go to visit her several times a year.

The next year, Charlie and Teddy met up on Kiawah Island, SC, to enjoy another vacation. While in Kiawah Charlie and Teddy searched for a location for a coffee and frozen yogurt shop. They found a location and then came to an agreement to develop a business plan and divided up the responsibilities. After vacation, both families returned home. Teddy and Charlie continued to discuss the business plan by phone and email after returning home. A few months later, Charlie suffered a heart attack and was unable to work for many months. He was in the initial stages of his research when he had his heart attack; as a result, Charlie did not conclude his research until 6 months after his heart attack

In the meantime, Teddy, not wanting to put stress on Charlie, decided to develop a business plan for the coffee and frozen yogurt shop on Kiawah Island himself. Teddy found financing for the project and opened the shop, it has become a favorite with the tourists and locals on Kiawah Island. The shop was so successful that Teddy was able to quit his job in Charleston and devote all his time and attention to the new enterprise. In the first year alone, the shop made a profit of $250,000.00.

Charlie, upset that Teddy opened the shop on his own, decides to sue Charlie for breach of contract claiming half of the proceeds belong to him. The law states:

    1. If one party voluntarily fails to fulfill the duties assigned under a written contract that party will be deemed to have breached the contract.
    2. The aggrieved party may file suit anywhere the parties have a domicile or where .... the contract was negotiated the contract.
    3. If there has been a breach of contract, the injured party may recover up to 50 %(percent) of the profits realized by the party breaching the contract.

Analyze which court(s) have personal and subject matter jurisdiction over the case and parties. Use your analysis to determine in which court(s) Charlie may file the suit. Using the methods of judicial interpretation, determine which laws may be applicable to the legal issues and how they should be applied to resolve those issues. Which laws are procedural and which are substantive? Draft at least two laws that you think would assist you in resolving the legal issues in this case.

Your analysis of the issues should be well documented. Your arguments should be clearly and concisely communicated. Be sure that your decisions are reasonable and well supported by argument and the materials from this class. You should anticipate any arguments against your positions and respond to those accordingly.

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