Question
Assignment Requirements: In the documents that follow, there is a written contract between Cami's Cleaning Service and Anywhere Fitness. The contract requires that Cami's Cleaning
Assignment Requirements:
In the documents that follow, there is a written contract between Cami's Cleaning Service and Anywhere Fitness. The contract requires that Cami's Cleaning Service must provide commercial cleaning services at the workout property. In the next document, you will see that after two months of using the cleaning service, Anywhere Fitness cancelled the contract. (This was an actual case in Rapid City, SD, however, I did change the names. The contract and the response were the actual language used). Cami's Cleaning Service is suing Anywhere Fitness for breach of contract and has asked for damages in the amount of: $11,500, the amount of lost revenue. Complete a five part case analysis which includes the following sections:
Part 1:Are the necessary elements for a valid contract present? List the four elements and for each element state what factors the court will be looking. Based on the information presented below, will a court find a valid contract (you may have assume some of the facts)?
Part 2: Which court in Rapid City, South Dakota, would you file in if you were the plaintiff?(Small Claims, Circuit, or US District)Provide a detailed explanation of why you would or would not file in each of those courts. Now you will need to provide a statement to the court which will include which remedy are you seeking, (damages or specific performance) and a statement as to how your loss occurred.
Cami's Cleaning Services
........For DRAMATIC results!
Cleaning Services Contract
This agreement for Cami's Cleaning Services (CCS in body of contract) at
2068 E. St. Patrick Street Suite 209 Rapid City, SD 57702
is made out as of April 4, 2017, by and between
Anywhere Fitness, LLC and Cami's Cleaning Services 1084 W. Acura Lane Rapid City, SD 57703
- Services Subject to the terms and conditions of the Agreement, CCS agrees to provide commercial cleaning services at the property.
- Payment and Term Client will pay CCS $22.00 an hour per person for commercial cleaning services twice weekly on Tuesdays and Fridays. If a different time or day is requested, CCS will try to accommodate.
- Client consent Client hereby grants CCS and its employees, permission to enter upon and use the property for the purpose of providing commercial cleaning services listed above beginning on April 7, 2017 and continuing for one year.
Signatures
You should read and understand the agreement. It is a legal and binding contract. Client/Property Owner
Signature: Robin L. Jensen, owner of Anywhere Fitness LLC
Printed Name: Robin L. Jensen, owner of Anywhere Fitness, LLC
Date: April 4, 2017
Cami's Cleaning Services
Signature: Cami Sutton Date: April 4, 2017
Anywhere Fitness 1084 W. Acura Lane Rapid city, SD 57703
(605) 343-4288 www.anyweherefitness.com
Cami's Cleaning Services 2068 E. St. Patrick Street Rapid City, SD 57702
June 3, 2017
Dear Cami,
We regret to inform you at this point in time, we wish to cancel your services with us.The decision was to hire an additional in-house cleaner. We appreciate your services, time and effort. Please return keys to the mailbox in a timely manner.
Thank you,
Anywhere Fitness Staff
Step by Step Solution
There are 3 Steps involved in it
Step: 1
Get Instant Access to Expert-Tailored Solutions
See step-by-step solutions with expert insights and AI powered tools for academic success
Step: 2
Step: 3
Ace Your Homework with AI
Get the answers you need in no time with our AI-driven, step-by-step assistance
Get Started