Question
Upon completing his PhD studies, Cooper embarked on a nationwide search for a job as an instructor at various universities. Cooper had an all-day interview
Upon completing his PhD studies, Cooper embarked on a nationwide search for a job as an instructor at various universities.
Cooper had an all-day interview on the campus of North University ("NU") in his home state, State A. At the conclusion of the interview, the dean of NU offered Cooper a position as a tenure-track assistant professor. Cooper accepted immediately, and the dean told him a written contract with details would be sent to him shortly.
Cooper received the written contract from NU, read it carefully, and confirmed that the position title, tenure-track status, salary, and courses to be taught were all in conformity with the oral agreement he and the NU dean had agreed upon. He signed the contract and returned it.
Several months before the beginning of the school year, the NU dean called Cooper and informed him that he had been assigned to the newly-opened State B campus of NU and that he would need to move to State B prior to the start of the September term. Cooper was unaware that NU had opened the new campus in State B. There had been no mention of the State B campus during his interview. The written contract that Cooper signed did not indicate at which campus he would be teaching.
Cooper refuses to move to State B, which is over 1,000 miles away from the State A campus.
Cooper sues NU for breach of contract, and NU cross-complains, alleging an implied term in the NU/Cooper contract that Cooper would teach at either of the NU campuses, seeking a decree of specific performance requiring Cooper to teach at the State B campus.
How should the court rule on:
1. Cooper's breach of contract claim? Discuss.
2. NU's request for specific performance? Discuss in particular Restatement 2d Contracts Sections 357, 359, 367 (all available online if your supplement lacks them).
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