CASE A: Lucinda has applied with Orange, Inc. a computer and technology company. Orange, Inc. is located in Morristown, New Jersey and has a strong presence on the east coast. Lucinda would work in the research and development department, designing new products for release. The information to which she would be privy is very sensitive, and there is a general concern that employees will jump to a competitor and bring the trades secrets with them.
Â Human resources wants to include a non-compete provision in the contract. In discussions with you, they mention they are going to prevent her from ever joining a competing firm anywhere on the east coast. This, of course, raises your concern.
For Case Study A, prepare a draft non-compete provision for an employment contract that achieves Orange intent to the greatest extent possible and will likely be upheld in court. The provision would be included in Lucinda employment contract and would outline the reasonable restrictions placed upon subsequent employment options else where. It should be no more than one (1) page in length.
CASE B: Buyer said to Seller, I’ll give you $100 for that bracelet. Seller replied, Would you give me $135. Buyer said No thanks. Seller then said that she accepted the $100.Â Buyer was no longer interested and said that there was no contract. Seller says that a contract exists because she unequivocally responded to the offer. Buyer disagrees. Which side do you take?
For Case Study B, draft EITHER: (i) a brief business letter to Seller, no more than two (2) pages, explaining why you, as Buyer, do not have a legal obligation to purchase the bracelet, or (ii) a brief business letter as Seller to Buyer, no more than two (2) pages, explaining why the Buyer does have a legal obligation to purchase the bracelet for $100.Â Â Â The letter should set forth the basic elements of a contract, and explain why, based upon the facts given, they were or were not met in this case â€“ in other words, no matter which letter you write, you should acknowledge the opposing party’s argument and explain them away. Assume that you might do business with the other party in the future and want to maintain cordial relations.
CASE C: Fanny Farmer enters a written contract with Billy Buyer. The agreement states: Fanny Farmer shall provide to Billy Buyer 100 healthy beef cattle at $1,000 per head, to be delivered by January 1, 2008. On November 30, 2007, a tornado, unheard of in this part of the country, rips through Fanny Farmer’s land and destroys her barn and, unfortunately all of her cattle, including the 100 cattle she intended to deliver to Billy Buyer.
For Case Study C, briefly set forth the legal arguments that can be made both on behalf of Fanny and on behalf of Billy. Your analysis should include a statement of the legal principle that governs the situation and an application of the facts to those principles. You should describe the best argument that each side can make. You also should decide which side should prevail and explain why your decision is fair. Your analysis should not exceed two (2) pages.
CASE D:Â Seller owns land that is suitable for agriculture. Buyer age 25 is in the market for farmland to raise a corn and cattle operation. Seller sends a letter to buyer which says: I will sell you the parcel of land known as White Acre for $500,000. Buyer responds, in writing, I accept that offer and will pay the amount specified for that parcel. The closing takes place and the deed is conveyed. Shortly thereafter, buyer learns for the very first time that the land is worth 10 times the sales price â€“ unbeknownst to either party, there were valuable mineral deposits below the surface. Seller wants to undo the sale.
For Case Study D, you will prepare two brief business letters. First, stand in the shoes of Seller and write a business letter (not in excess of one page) to Buyer indicating your legal argument for undoing the sale. Your letter should explain the legal principles applicable to the case and an application of the facts to those principles. Next, stand in the shoes of the Buyer and draft a response letter (not in excess of one page) indicating why a valid contract does exist. Again, cite the governing law and set forth a factual application that demonstrates Buyer’s best argument. Do not add any facts to those given in the case study.
CASE E: Tweedy is an aspiring restaurateur. He wants to start his own French restaurant, but he lacks the needed start up money. Tweedy’s wealthy Uncle Tupelo wants to help Tweedy out, and he makes the following promise. I think you’ve got what it takes. I am going to give you $10,000 to get this project off the ground. Tweedy is ecstatic. He quits his job, buys $8,000 worth of kitchen equipment, $4,000 worth of furniture, and enters a lease for space. However, shortly thereafter, Uncle Tupelo later becomes mired in a messy divorce and he refuses to pay Tweedy.
For Case Study E, you will play the role of judge and determine if you would require Uncle Tupelo to make payment. Prepare a written opinion paper, not in excess of two (2) pages, that sets forth your decision. In your opinion paper, you should analyze the situation under basic contract principles and fully explain the legal reasoning supporting your conclusion. Be sure to include the law that governs the situation and the best factual arguments that both Tweedy and Uncle Tupelo can make to support their respective positions. Also, explain what practical business lessons, if any, can be drawn from this case study. Do not add any facts to those given in the case study.
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