business law 4

PART I: REVIEW 

Use the textbook to answer all questions. Answers must be complete, logical, thoughtful, supported by examples, and well written.

1. What is a contract? (Answer to make progress on unit learning goal 1.)

2. What elements must be present to form a legally enforceable contract? (Answer to make progress on unit learning goal 1.)

3. What does it means to be in breach of contract. (Answer to make progress on unit learning goal 1.)

4. Define the following terms: tort, intentional tort, strict liability, and negligence. (Answer to make progress on unit learning goal 2.)

5. Can an action be both a tort and a breach of contract?  (Answer to make progress on unit learning goals 1 & 2.)

PART II: CRITICAL THINKING

Complete one of the two scenarios below. Answers must be complete, logical, thoughtful, supported by examples, well written, and be at least 200 words in length.   

SCENARIO ONE  (This question help you achieve unit learning goals 1 & 3.)

Betsy owns a business in South City. Her friend, Walter, lived in Northville. Over the years, Betsy often suggested to Walter that he move to South City and work for her. A short time ago, Walter decided to follow Betsy’s suggestion. He called Betsy and asked if she was still interested in hiring him. Betsy replied, “Of course. Get down here as soon as possible and we can see where you would fit in.” Walter agreed and told her that he would give notice at his current job and would be in South City by the end of the month. Walter gave notice at work and shipped his furniture to South City at a cost of $5,000 and bought a one-way plane ticket for $250. When Walter called Betsy upon his arrival in South City, she told him that she had just lost a major customer and had to impose rigorous cost-cutting. She therefore could no longer employ him. Walter tried for two months to find another job in South City but nothing was available. Walter’s previous employer was willing to rehire him, so he moved back to Northville, paying another $5,000 for movers and $250 for airfare.

1. Did Betsy and Walter form a valid contract? In your answer, discuss offer, acceptance, and consideration.

2. Did Betsy breach the contract?  If so, how?  What arguments supported by facts can Betsy raise?

3. What damages, if any, does Betsy owe Walter? Explain.

SCENARIO TWO  (This question help you achieve unit learning goals 2 & 3.)

Tommy is fourteen years old. Tommy plays golf every day at his local golf course, using a golf cart. Although children are generally not allowed to rent carts at the course, Tommy has a special relationship with the owners of the course, who consider him to be of unusual maturity. He is generally allowed to use the golf carts as long as they are available. One day, while driving a cart on the golf course, Tommy failed to watch where he was going and he crashed into Dana.  At the time, Dana was intoxicated and also not watching where she was going. As a result of the accident Dana suffered a concussion, multiple broken bones, and a serious bruising.

1. Could Dana win in a lawsuit against Tommy on a theory that he committed an intentional tort when he crashed into her? Explain using facts and law.

2. If Dana sued Tommy claiming that he is strictly liable for her injuries, who would win in court? Explain using facts and law.

3. Could Dana win in a lawsuit v. Tommy on a theory that he committed the tort of negligence? Explain using facts and law.

PART III: MODEL ANSWER

The following is an answer submitted by a student for full credit on a similar question to the critical thinking questions above.

Question:

Abe was the head coach of the fifth-grade girls’ basketball team at Elementary School. Bob, the assistant coach, blamed Abe for the team’s poor performance. Seeking to have Abe fired, Bob accused Abe after a game of stealing money from the team fund. Bob made the accusation while standing in a crowd of students and parents. Bob knew the accusation to be untrue. Abe then went up to Bob and told him, “You’d better watch your back,” which subsequently caused Bob to have nightmares. Abe was thereafter fired from his position as head coach, based on Bob’s accusation that Abe had stolen money from the team, and he was unable to obtain a job in his chosen profession. 1. What would happen if Abe sued Bob for slander? Discuss.

Student Answer:

Per the rule of law, slander is spoken defamation and defamation is the act of damaging the good reputation of someone.

In this scenario, Bob made the statements regarding Abe being guilty of theft and dishonesty. This would damage Abe's good reputation because it suggests he is a dishonorable and dishonest person and suggests that he is a criminal who stole money from the team. Further, these are statements about a professional because as a head coach of the team he was held in a trust position over the money and the players. This accusation would reflect badly on his ability to do his job and on his trustworthiness.  

In conclusion, Abe would win if he sued Bob for slander.  But, it is unclear what the damages are to Abe in terms of money so Bob might not actually owe him anything.