The assignment for Chapters 10 and 11 has two parts, each of which is worth five points. Please submit your assignment through Canvas. Each is intended to help you apply what we have studied about contracts in Chapters 10 and 11.
Part One: Please give a brief response to each of these hypothetical situations. You must provide an answer for all five of the situations. Pay careful attention to the facts of each situation and apply the appropriate rule that we have discussed in Chapters 10 and 11.
1. William was interviewed for a job as an academic dean on Wednesday, April 1. The university president orally offered William the job right on the spot. William orally agreed to start working the following Monday, April 6, to be employed from that Monday, for one year thereafter. Three weeks after starting the job William was fired without cause and replaced by the president’s friend. Will William be successful in an action brought against the university for breach of contract? Explain briefly why or why not. (Pay careful attention to all of the facts!)
2. Shiloh and Francesca were discussing business over lunch when they agreed on the sale of a five-acre parcel of land. Because neither of them had any paper with them, Shiloh wrote the following on a napkin: “Francesca agrees to purchase from Shiloh a five-acre parcel located at the local address of 137 Poinciana Drive, Jupiter, Florida, U.S.A. for the price of $100,000 per acre. Transfer of title, payment, and possession to take place on November 1, 2021.” Francesca signed the napkin. On November 1, 2021, Shiloh was ready to close the deal and transfer title; Shiloh even had executed the deed and had delivered to the escrow ageent conducting the closing. Francesca, however, refused to pay the purchase price or settle the transaction. If Shiloh sues Francesca for the price of the land, is the contract enforceable? Explain briefly why or why not.
3. Daniel sent an email to Milton offering to sell his Mazda CX-5 to Milton for $5,000. Milton texted Daniel back offering to pay $4,000 for the car. Is there a contract at that point in time? What action would be necessary for a contract to exist between Daniel and Milton concerning the car?
4. Big Daddy owns 200 acres of land, what he described as “the most fertile land west of the River Nile.” Big Daddy offers to sell the land to his son Brick for $1,500 per acre. Brick replies that he does not need 200 acres of land but would like to buy 40 acres at $1,500 per acre. Big Daddy agrees to sell, but neither he nor Brick identify which 40 acres. Later, Big Daddy refuses to sell any land to Brick. Can Brick enforce the contract? Explain briefly why or why not.
5. The Nerd Brigade is a small local computer and office operating systems consulting firm that entered into a verbal agreement with Dewey Cheatham & Howe, a local law firm, wherein The Nerd Brigade agreed to provide systems consulting and management services to Dewey Cheatham & Howe. The agreement also provided that The Nerd Brigade would supply Dewey Cheatham & Howe employees with some proprietary operating manuals. What law governs this agreement (the UCC or the common law)? Why, and how do we make that determination?
Part Two: Imagine that you are starting your own company in your very competitive industry. (Think of a specific industry about which you have some understanding and information.) You are putting your life savings, your professional contacts, and your innovative ideas on the line. As you begin to hire a sales force, you consider binding new employees to non-competition agreements. Outline generally the ideal terms of your employees’ non-competition agreement. What is its duration? What is its geographical radius? Are those terms appropriate for your industry? Why you believe that your non-competition agreement is enforceable.
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