Before you can start this discussion question, please complete the Application Based Activity (ABA) assigned in Week 3 titledYou Be The Judge: Verbal Agreement (Recording Studio Blues).

[Title: Verbal Agreement: Argument. A court hearing between Mr. Ferrucci, the plaintiff and Mr. Douaola, the defendant.]So, Mr. Ferrucci, why don't you tell me about why you're here today?Okay your honor. It's because I'm at my wits end trying to get my money from this guywho I did a job for, doesn't want to pay.First of all, how do you two know each other?We're both musicians. We've known each other for years. Played together in a lot of jobs.- So, specifically, what happened here?Well, what happened is, I own a recording studio as welland Dominique had asked me if he, you know, if he could recordhis album, [inaudible] at my studio and I agreed to it.We made terms. It took a week of long nights,and for a very discounted, friendly favor type rate,I did the project and delivered it to him.How much did you charge and then how much would you have charged someone else?- For the entire album, it's ludicrous really, I charged him $700.Now just the studio time alone, normally, the card ratefor the studio would be ten times that, it'd be $7,000.- Okay. - Your honor, he's neglecting to mentionthat I've done a lot of gigs for him for free.- Okay. - Your honor that's not entirely. - There's payback, there's compensation.Mr. Douaola, I'll get to you in a moment.But, actually what you just said interested me. Is that true Mr. Ferrucci?No, no. He didn't play for me for free. There were projectsthat were recorded at my studio and some of these artists didn't have funding.I said, do you want to jump in, in case it goes somewhere, you know.It's called doing stuff on spec. And then if it comes to fruition,becomes an album, he's in on the ground floor.So, he could play on the, you know, the project in its later stages of development.But, there were also plenty of gigs at my studio that he did get paid for.And, your honor, it was always spoken about. The terms going in,Dom always knew what it was.Okay, Mr. Douaola.I'd like to hear what you have to say in response.I gave Willy a call in March and I asked himif I could record my world album and he said yes,and that's how it went down. - Okay. Anything, what happened after that?- After that, he looked in his books, gave me some dates and we agreedthat April would suffice, and I said, good let's, and we went for it.- Your honor, let's look at the small print here.He's leaving out a couple of major details.Okay, when he called me about doing this gig at my studio,I said yes.Let's figure out a time that's good for both our schedulesand then I called him back and I said,Dominique, such and such a date, such and such a time.This is good for me and we could do it every day until it's done in one week's time.- Your honor. - And, $700 is the discounted rate for the job.I left him that message, he called me back so he obviously received the messageand he said, it's a go, those dates are good for me.- Okay, your honor. - Okay, so in your mind, at the time,he had accepted your offer at the.- Well, it was more than in my mind your honor because my actual bodyand my mind, and the whole thing showed up at the studioat the appointed time and did the world album.Mr. Douaola, how is it that you knew when to show up,but you did not know about the fact that you had to pay?We had the conversation regarding. - But wasn't it.- The time frame which was in April that I was going to come to his studio.- Yes, but it wasn't until he, Mr. Ferruccihad left the message on your machine telling you which dates it was.Is that correct? He confirmed the dates with you on that message.- That is correct. - Okay, that's the very same messagewhere he confirmed the payment arrangements?- Your honor, Willy knows I delete messages.I don't listen - I didn't listen to it in its entirety.All I heard was the space, the time was available and that's what I went on.I deleted the message. So, maybe he did tag that on at the end and maybe I didn't catch that.- At the time that you arrived at the studio. - Yes.- What was your intention? You're saying that you didn't know that Mr. Ferrucci was going to be charging you any money at that time?Your honor, I swear to you, I had no idea he was going to charge me.- You just didn't know he was going to be charging money? - No.- You just didn't hear. You never, in fact, neither of you ever confirmed with the otherthe arrangements, the terms. - Exactly.- Your honor. - And your honor, I honestly feel.- You don't keep the doors open. - I feel insulted and appalled that he would even charge me -- try to charge me $700. After all I've done for him. - Maybe. - Insulted. - But the rate that I charged him. The rate that I charged him was Happy Birthday and Merry Christmas rolled in to one.Seven hundred dollars for a week's work for an entire album.I know you're not in the music business your honor, buttry to get a sense that this is about one tenth of what the card rate should be.- So, I mean its still. - Still what about all the gigs I've done for free.Mr. Douaola, when Mr. Ferrucci first asked you for payment what did you say to him?Did you - did you say anything to him?- I said that he, it's like a payback.I don't owe him anything. - You said you don't owe him anything, okay.Mr. Ferrucci. Did Mr. Douaola ever say to you, yes, I will pay $700?- Hmm. - And I understand that you're saying that it's kind of an, you know,sort of implied between the two of you based on your experiences in the past.But, did you ever say that to him?- Well in the past he said. - Your honor, he's jogging around the question.- One moment Mr. Douaola.When he accepted the dates, called me back.Sure, we play phone tag all the time, we're both busy.When he came to the studio, the last thing on my mind,because he knew when to come and he knew what we were there for.He knew how long and how hard we had to work to get it done,I didn't know he left out that last little detail.He deleted the last little detail.- Which is the money. - So, you mean. You made, what you believeis a reasonable assumption that he knew about the money consideringhe knew about the other information on the - mail - I'm sorry, on the.Let me ask you this.What is the standard procedure with regard to paymentwhen an artist books time with your studio?Well that's simple your honor.If the project is just a day project or something that happens, you know,in one chunk of time, the payment isreceived at the end of the session. If it's a project that's going to last over time,since I have the material, the recorded material, they'renot allowed to take that until payment is received in full.In this case, Mr. Douaola has the finished project.Am I incorrect? - You're very much correct your honor.- Okay, so were you what was your thinking with releasing.- He's my buddy. We're old friends.You know, so I wasn't.He was getting a friendly price and a friendly treatment.- So, if we're buddies and friends, your honor,shouldn't a buddy and a friend be compensated for all the time?I believe that it was Mr. Fiorucci's intention to give you a break on the price, substantial break.Thank you gentlemen. I'll return with my verdict shortly.

In this case, the plaintiff sued the defendant for breach of contract after the defendant refused for pay for the plaintiff's services to create an album in his studio. After completing the ABA, answer the following prompts:

1. Reflect on the activity and summarize how you judged the case.
2. What was the underlining reason(s) for your decision to support the plaintiff or the defendant? Why or why not?
3. Share what (ifany) details in the case created hesitation in your decisions? Explain why.
4. Choose one of your peers and for the sake of argument (respectfully) challenge their judgement on the case. Support your assertion/position using legal references when possible.