Chapter $14-$ Legality Writing Assignment

You Be the Judge: WRITING PROBLEM Oasis Waterpark, located in Palm Springs, California,

sought out Hydrotech Systems, Inc., a New York corporation, to design and construct a surfing pool.

Hydrotech replied that it could design the pool and sell all the necessary equipment to Oasis, but could

not build the pool because it was not licensed in California. Oasis insisted that Hydrotech do the

construction work because Hydrotech had unique expertise in these pools. Oasis promised to arrange for

a licensed California contractor to "work with" Hydrotech on the construction; Oasis also assured

Hydrotech that it would pay the full contract price of $$850,000,$ regardless of any licensing issues.

Hydrotech designed and installed the pool as ordered. But Oasis failed to make the final payment of

$$110,000.$ Hydrotech sued. Can Hydrotech sue for either breach of contract or fraud $($trickery$)?$

Argument for Oasis: The licensing law protects the public from incompetence and dishonesty. The

legislature made the section strict: no license, no payment. If the court were to start picking and

choosing which unlicensed contractors could win a suit, it would be inviting incompetent workers to

endanger the public and then come into court and try their luck. That is precisely the danger the

legislature seeks to avoid.

Argument for Hydrotech: This is not the kind of case the legislature was worried about. Hydrotech has

never solicited work in California. Hydrotech went out of its way to avoid doing any contracting work,

informing Oasis that it was unlicensed in the state. Oasis insisted on bringing Hydrotech into the state

to do work. If Oasis has its way, word will go out that any owner can get free work done by hiring an

unlicensed builder. Make any promises you want, get the work done to your satisfaction, and then

stiff the contractor$-$you'll never have to pay.

Instructions for the writing assignment:

Read the prompt and the arguments. Then write a response as though you were the judge. Use

the IRAC format, laying out $1)$ what is the issue the judge is trying to decide? $2)$ What rules of

law dealing with contracts will cover this issue? $3)$ Apply the rule to the facts in the case above,

and $4)$ come to a conclusion. $($There is an IRAC example in course resources$)$ Finally do you

agree with the decision you had to make as a judge on the law, or would you decide

differently$/$does the outcome you came to seem fair? $($When thinking about this, think about the

reasons behind why the law may exist for more than just this case but for society.$)$ If you used

any sources please cite them.