Stein should sue. Alternately, if Stein wants to sue Gortino for fraud to cancel the sale or come up with a different settlement, she can do that. Discussion 2: How does this doctrine act as an exception to the elements and requirements of a contract? This doctrine can act as an exception because, according to Reinstatement Section 90, the promise doesn't have to be "so comprehensive in scope as to meet the requirements of an offer that would create a binding contract if accepted by the promisee" ("Hoffman v. Red," 1967). Also, the promissor has to expect that, upon the promise, it will induce action by the promisee.
According to S27(2) he must do so in good faith, without any notice of the hire purchase agreement. Although S27 has strengthened the commercial position of the private purchaser in order to limit the application of the
While Andrea was collecting data for the partnership return she came across data that “bothered her greatly.” She discovered the partnership's 'Miscellaneous Revenue' account actually consisted primarily of expense reductions. She also noticed that expenses had been blatantly lumped into the previous year which resulted in a significant increase in net income for the current year. Andrea did not feel comfortable with this information and confronted Ed to reconcile these differences. At this point Ed lost his temper and became confrontational spewing banter that she was not hired to audit numbers, his previous tax preparer had inquired about this, and had been fired as a result. Andrea decided to resign as tax preparer for Skyline Views, LLP.
The statute of frauds would play a role, because possibly the emails sent by the BTT company could possibly be evidence enough of a “verbal” contract to put them in breach of contract with the Chou company. However, according to the doctrine of mistake BTT could possibly avoid the contract due to misunderstanding in the process of a management
Middleton was still not profitable and they fired Miller as the general manager. Lindquist sued in federal district court to recover the pay for Miller’s time. The requirements to recover on the quasi-contract theory are as follows: The party seeking damages conferred a benefit on the other party. That party also conferred the benefit with the reasonable expectation of being paid. The party was not acting as a volunteer in providing this benefit.
Cost Club Michelyn Johnson HRM/546 May 12, 2014 Brian La Hargoue Cost Club | Cost Club | Memo To: | Pat La Hargoue | From: | Michelyn Johnson | Date: | May 12, 2014 | Re: | HR Resolutions | | | Message 1: Discharges at the Anderson Cost Club Store The Anderson Cost Club store which is located in a right to work state is allowed to terminate an employee without giving a rationale. Because the general manager stated he let the two employees go due to downsizing his workforce in his store he would have to provide evidence of that. The downsizing of the organization is legal because it does not violate the WARN Act. There are issues I would address and make the general manager aware of to prevent costly litigation.
EXCEPTIONS: overcome rule by finding a REAL promise - frame illusory promise as unilateral contract => enforceable ex. Gurfein (99): had window to cancel, but didn’t => enforceable ➢ COULD HAVE bound other party if exercise option - Implied promises ➢ UCC §2-306 (2): a contract to engage in exclusive dealing gives rise to an implied promise to use best efforts Ex. Wood v. Lucy (104): mkt designs for profits ➢ ct implied promise: to make reasonable efforts b/c w/o implied promise, the contract would be meaningless b/c structural agreement = incentive to use best effort is built in Ex. Grouse (110): promised at-will job, not allowed to start work ➢ implied promise in at-will jobs = “good faith opportunity to perform satisfactorily’ - Structural agreements Ex. Lacledes(106): supply propane for long period ➢ although not bound to purchase, practical binding exists ➢ pipes connected to Amoco supply source ➢ hostage theory of contracts: voluntarily
- The court must decide if the advertisement constituted an offer, and if the mistake is genuine and can be grounds to avoid the contract due to a unilateral mistake of fact. What is the court’s reasoning? (Might include reliance on precedent, statutory interpretation and legislative history & societal considerations) - The court first looked at whether an advertisement can be considered an offer. The court differentiates between advertisements that are in fact invitations for individuals to negotiate an offer, and advertisements that ask for a specific action without further communication and leave nothing for negotiation. The first category of advertisements is not considered offers, while the latter is not.
In the past, we have had a few employees leave the company and so management decided to investigate on the reason. We have found out that employees left because there was not enough rewards for their hard work. InterClean has developed this compensation program to specifically recognize your role in achieving the strategic goals important to the success of InterClean. This program has been designed to recognized both your anticipated level of contribution to the success of InterClean, as well as the personal capabilities, background and experience level you bring to this position. ( www.SMU sample compensation plan).
I believe the key issue with Marsh’s performance is the constant changes in district managers for Marsh to report to. As a district manager, it is your responsibility to know what works and what doesn’t work for each salesman. The constant changes never give any manager a change to really get to know their salesmen. Every salesperson may not be motivated by the same things. What works for one salesman may not work for another.