Employment Law For Human Resource Practice 6th Edition David J. Walsh - Solutions

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Give three examples of bilateral contracts from your everyday life that are not mentioned in the text.
What elements would you look for to determine that an agreement is an enforceable contract?
Why would a valid contract be unenforceable? Give examples.
Create a bilateral contract for a situation that involves barter.
How would you attempt to prove the existence or nonexistence of contractual intent?
In early 2010, with its Chief of Urology set to retire, NCH reached out to Dr. Anthony Casale to gauge his interest in running its urology program.Initially, Casale was a reluctant candidate. He already had “a pretty good job”as a tenured professor and acting Chair of the Department of Urology
ConAgra Foods, Inc. (“ConAgra”) conducted an annual promotion to help end child hunger from 2011 to 2015. The company would donate a certain amount—up to a yearly maximum—to a non-profit organization called Feeding America for every code entered on its website from certain ConAgra
Answer TRUE or FALSE.1. An enforceable agreement may be formed by means of a quasicontract.2. One can be bound by a contract even if he or she did not intend to enter into such a contract.3. Informal contracts are not legally enforceable.4. Voidable contracts may be enforceable.5. Only bilateral
Take an advertisement from your local newspaper and argue that it is an offer.
Using the same ad as above, argue that it is an invitation to bid.
What is your opinion of the UCC exceptions to general contract law?
Write an offer to sell a piece of your own personal property.
Draft an offer that is capable of being accepted by a specified class.
Plaintiff Cynthia M. Lopez appeals the judgment entered in this action after an arbitration award. We conclude the trial court erred in granting defendant Charles Schwab & Co., Inc.’s (Schwab) motion to compel arbitration. Accordingly, we reverse.I. Background Schwab is a securities broker, and
This is a breach-of-contract case in which appellant Phil Watkins, P.C.challenges a summary judgment based on the trial court’s determination that a one-page letter agreement between Phil Watkins, P.C. and appellee The Krist Law Firm, P.C. was supported by consideration and is
Answer TRUE or FALSE.1. Failure to agree on the time of performance of a contract renders it unenforceable.2. Consideration is a benefit conferred or a detriment incurred at the request of the other party.3. Today, all contracts are subject to the Uniform Commercial Code.4. Under contract law, a
What elements make an attempted acceptance a counteroffer?
Give two examples in which the actions of the offeree reject a written offer.
Compose an offer that specifically limits the offeree’s ability to accept.
Using the example of Jimmy the Human Fly, argue the case for the store owner.
Discuss the circumstances that would terminate a person’s ability to accept a valid offer.
We will recount only those facts essential to our determination. Lauckner was employed as the Vice President of Finance of AAA in December 1989, at a time when the company was experiencing financial difficulties. A few months later, in February 1990, AAA filed for relief under chapter 11 of the
This is a breach of contract action. The matter is currently before the court on the plaintiff Monsour’s motion to enforce an alleged settlement agreement. For the reasons stated herein, the plaintiff’s motion is denied.Findings of Fact On March 14, 2007, Monsour’s presented Menu Maker with a
Answer TRUE or FALSE.1. An offeree varying the terms of the offer creates a counteroffer.2. The mailbox rule is a legal theory designed to determine the timing of the acceptance of an offer.3. A supervening illegality terminates a person’s ability to accept an offer.4. A cross-offer differs from
Give two examples of consideration as a detriment incurred.
Discuss mutuality of consideration with respect to your contract with your school.
Under what circumstances would a person argue the doctrine of promissory estoppel?
Find out what contracts are considered formal contracts in your jurisdiction.
Find and analyze a contract that requires a co-signer.
The issues presented are: (1) whether the subrogation agreement between defendant fund and plaintiff Yerkovich entitled the fund to reimbursement from plaintiff for medical expenses and, if so, (2) whether plaintiff’s no-fault insurer, defendant AAA, must refund plaintiff for that reimbursement.
The plaintiff, Massachusetts Eye & Ear Infirmary (“MEEI”), brings an action against the EugeneB. Casey Foundation (“the Foundation”) and ThomasF. Reilly (“Reilly”), the Attorney General of Massachusetts, seeking a declaratory judgment and damages arising out of an alleged contract
Answer TRUE or FALSE.1. A gift can never be consideration for a contract.2. To be valid, the consideration to support a contract must be legally sufficient.3. Under certain circumstances, a preexisting duty may still be consideration for a new contract.4. Caveat emptor means let the seller
Check your own state statutes for the age of consent and contracts that are deemed to be malum in se and malum prohibitum.
Why can a person receive some remedy even if the contract is malum prohibitum?
What factors would determine a person’s lack of mental capacity?
Are there circumstances in which a person’s physical, not mental, state can cause her to lack contractual capacity? Why?
Dr. Doe firmly believes in the terminally ill’s right to die. He has contracts to assist Richard Roe, an 80-year-old man dying of cancer, in committing suicide. The fee agreed on is $1,000. After Mr. Roe’s death, Dr. Doe requests the fee from the Roe estate, which refuses to pay him. Argue for
This case surrounds a dispute over decedent Stephanie Boyter Kreppein’s insurance proceeds between the decedent’s ex-husband, Alfred Kreppein (“Mr. Kreppein”), and the decedent’s children, Ryan Brice Crane and Laurel Crane Luquette (“Crane” and ‘‘Luquette’’).The decedent and
In this usury case under Texas law, Plaintiff-Appellant Achee Holdings, LLC (‘‘Achee’’) appeals the district court’s order granting the Federal Rules of Civil Procedure 12(b)(6) motion to dismiss filed by Defendants-Appellees Silver Hill Financial, LLC (‘‘Silver Hill’’) and
Answer TRUE or FALSE.1. Malum in se contracts may be enforceable.2. A person’s age is a factor in determining contractual capacity.3. It is possible to sever a contract into its legal and illegal portions.4. A guarantee need not be in writing to be valid.5. Violating a licensing statute is an
A salesman tells you that the diamond ring you want to purchase is ‘‘the best quality diamond he has in the entire store and, in fact, is the best diamond he has ever seen.’’ After you buy the diamond, you discover that the diamond is a very low grade. Have you been defrauded? Why?
Give two examples of contracts of adhesion?
Explain the difference between a mutual mistake and ambiguity.
Explain the difference between misrepresentation and fraud.
Give an example of a contract induced by economic duress.
Brian and Linda Harvey appeal from the district court order denying their claims arising from a real estate transaction. They claim the court erred in refusing to reform the contract and find a breach, in failing to consider the doctrine of merger, in finding Gary and Linda Schulte breached their
Defendant CitiMortgage has filed a motion to dismiss Dorothy Levey and Moses Hyles’ Fourth Amended Complaint (the ‘‘Complaint’’), which alleges violations of the Fair Housing Act (‘‘FHA’’), 42 U.S.C. §3601-19, and the Equal Credit Opportunity Act (‘‘ECOA’’), 15 U.S.C.
TRUE or FALSE.1. Fraud and misrepresentation are legally the same.2. Contracts that are formed by means of a mutual mistake are enforceable.3. A person may disclaim a voidable contract without being in breach.4. To be found to have exerted undue influence, the person exerting that influence must be
Find and analyze your own state’s Statute of Frauds.
How can a condition precedent become a condition subsequent? Draft an example.
Must a lease for an apartment be in writing to be enforceable? Why?
Give two examples of implied-in-fact conditions.
How can a condition become a covenant? Draft an example.
The underlying circumstances of this lawsuit are set forth in a December 6, 2005 Order denying defendant Jacqueline Tubbs’ motion for summary judgment. Plaintiff Estate alleges its decedent Keith George Church, a citizen of the United Kingdom, and defendant Tubbs, a citizen of Michigan, developed
Eastern Baby Stores, Inc., d/b/a USA Baby (‘‘EBS’’) appeals from a June 3, 2008 judgment entered in the United States District Court for the Southern District of New York (Preska, J.) in favor of the Central Mutual Insurance Company (‘‘Central Mutual’’). EBS seeks a declaratory
TRUE or FALSE.1. Contracts are often interpreted by means of legal rules of construction.2. The Uniform Commercial Code is a statute that governs contracts for goods and services between merchants.3. A covenant is an unconditional promise to perform.4. The parol evidence rule permits oral testimony
Find two advertisements in your local newspaper that indicate warranties.
Discuss several methods of protecting a person’s security interest.
Does the UCC in fact promote commerce? Explain.
Obtain and analyze a mortgage and chattel mortgage agreement.
Obtain the addresses of the appropriate government offices in your state for filing financing statements.
Check your own state statute for its version of the UCC.
The San Francisco Superior Court entered judgment against Brawn of California, Inc. (Brawn), a mail order company, ruling that Brawn had engaged in a deceptive business practice by charging its customers an ‘‘insurance fee’’ of $1.48 with every order placed. The ruling presumed that Brawn,
DeMarco, a New York corporation, is a converter of textile fabrics. Nygard, a Canadian corporation, manufactures women’s apparel. On or about May 11, 1989, Nygard ordered certain fabric from DeMarco by telephone.Nygard memorialized the order with a purchase order sent to DeMarco on or about May
TRUE or FALSE.1. The Uniform Commercial Code supersedes state law.2. The Uniform Commercial Code is designed to be strictly construed.3. To enforce a security agreement, there must be attachment.4. Collateral is property used to secure a debt.5. Real estate and fixtures are covered by the secured
How does an assignment differ from a delegation?
Give two examples of students being third party beneficiaries. Draft the clauses.
What factors would influence a third party beneficiary to sue the promisee rather than the promisor? Give examples.
How can you distinguish between a third party beneficiary and an incidental beneficiary?
Can a unilateral contract be a third party beneficiary contract?Explain.
Rheem Manufacturing Company, American Water Heater Company, the Bradford White Corporation, A.O. Smith Corporation, State Industries, Inc., and Lochinvar Corporation (collectively, the “manufacturers”) are manufacturers of water heaters. Delta Mechanical, Inc. (“Delta”) is a plumbing
This case arises out of a consent judgment entered by the district court in 1994 in which Gould, Inc. agreed to pay for environmental investigation and remediation of property sold by Gould, Inc. to Bay Corrugated Container, Inc. In 1999, Bay filed a petition to enforce the consent judgment and
TRUE or FALSE.1. A delegation concerns the transfer of contractual rights.2. An incidental beneficiary is considered to be a real party in interest to a third party beneficiary contract.3. “Vested” means having legally enforceable rights.4. Pursuant to the Statute of Frauds, an assignment must
Give two examples of impossibility of performance.
What factors determine whether a contract is divisible? Draft a divisible contract.
What would be the result of an injured party failing to mitigate damages? Why?
Give an example of frustration of purpose other than the Coronation Cases.
What factors determine whether performance is substantial or insubstantial? Draft a contract clause that would help in this determination.
Defendants defaulted on a promissory note that was given to Plaintiffs as part of the purchase price for a nine-acre lot, and Plaintiffs sued to enforce the note. Defendants claim ‘‘frustration of purpose’’ excuses them from making further payments on the note because newly-enacted wetlands
Hampton Island Club, LLC (the “Club”) is a private club on Hampton Island Preserve in Liberty County, Georgia. (Doc. 37, Attach. 1 at 8.) On July 11, 2006, Defendant Timothy Petrikin entered into a Purchase and Sale Agreement with Hampton Island Preservation Properties, Inc. to purchase a lot
TRUE or FALSE.1. A contract may be avoided by showing a frustration of purpose.2. Any contractual promise may be excused.3. A novation acts as an assignment of a contract.4. The death of a contracting party always discharges all of his/her contractual obligations.5. Contracting parties have a duty
Give an example of a situation in which punitive damages would be possible.
Your school decides to disband the paralegal program before you complete your studies. What damage would you claim, and how could you substantiate that claim?
What is the effect of a disclaimer on consequential damages?
Argue that a limitation of damages provision should not be considered valid.
Give two examples in which quasicontractual remedies would be appropriate.
In the summer of 2005, a Pioneer representative, John Gilbert, approached the Rutherfords to discuss the possibility of leasing their property for the construction and operation of an oil and gas facility. The Rutherfords owned approximately twenty acres of land in Cameron Parish, Louisiana.The
In this suit arising from the sale of land, we examine the appropriate measure of damages for a sale obtained through fraudulent inducement. A jury concluded that the seller of the land had failed to disclose material information to the buyer about the financial state of a commercial tenant who
TRUE or FALSE.1.An innocent party to a breach of contract may always receive exemplary damages.2.Damages are a form of equitable relief.3.Injunctive relief may first occur as a temporary restraining order.4.Quantum meruit is a type of quasi-contractual remedy.5. Liquidated damages are only allowed
Draft an employment contract for yourself as a paralegal working for the firm of Pratt & Chase, a partnership of 25 attorneys working in your town. The contract is for a two-year period.
Go to the library and find two more sales contracts. Compare them to the samples in the Appendix. How would you use these contracts to create a new model for your own use?
What clauses would you include in a complex Antenuptial Agreement?Why?
From 1993 to 2002, Defendant William P. Shoemaker (‘‘Shoemaker’’) owned and operated a company known as Southeastern Rentals, which was an oil field related service company that rented wireline tools. Sometime around March of 2001, Shoemaker was approached by a representative of
This is an action instituted by the plaintiff, American Express Travel Related Services, Inc., against the defendant, Jay Weppler, claiming money damages for the failure to pay amounts due from the purchase of commodities and services made under a credit agreement. The matter was tried to the court
A fitness center issued an employee handbook that included a section providing that all employment-relatged disputes would be “resolved only by an arbitrator through final and binding arbitration.” It specified that disputes under the Fair Labor Standards Act was among those subject to the
Miri… operates in Michigan and provides installation services for HughesNet and iDirect, nationwide providers of satellite internet systems and services. Keller was one of approximately ten satellite-internet technicians who installed satellite dishes for Miri. Miri is one of many middlemen in
Are you in favor of or opposed to the PPACA? Why? What, if any changes, would you make to it?
Hannon hired Dukowitz as a security officer in November 2005 and assigned her to an evening position. In July 2008, Dukowitz learned about a temporary daytime position that would be available for the holiday season. Dukowitz’s supervisor offered her the position, but required Dukowitz to sign a
A nurse’s aide alleged that on August 22, 2012, she was attacked while cleaning a resident’s room by a male coworker who attempted to rape her. She was able to escape and reported the attack to the nursing home’s managers. However, following this incident, managers started saying that she had
Plaintiff was an employee of Ralph’s Grocery Company who brought a class action suit on behalf of herself and other similarly situated, alleging violations of California law. The employer moved to compel arbitration pursuant to the employment application provision providing arbitration as the

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Employment Law For Human Resource Practice 6th Edition David J. Walsh - Solutions

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