Law Home work - Contract law, Due after 6 hours
halaja
cmu-blr2030220memorandum20assignment-elements20of20a20contract2028201529.docxMemorandum
To: All BLR 302 Students
From: Professor Adam Epstein
Date: February 17, 2015
Subject: Quiz #4/Elements of a Contract and Other Legal Issues: BLR 302
Introduction
I would like you to prepare a brief Memorandum in the same heading format as this memo (so you would have the To: “Adam Epstein” and From “Student,” which would be your name). The purpose of this assignment is to determine whether you can “describe the essential elements of a contract.”
You will be graded by me in terms of your understanding and analysis of the following scenario in terms of the degree to which you can “lead” me through the analysis of your discussion based upon what you have learned in BLR 302 up to this point. There is no pure right or wrong answer. However, please give a good faith (bona fide) effort!
Facts
Jade is a college student from CMU who is in her last semester. She is of sound mind and very motivated at age 21. A Michigan native, she has been offered two jobs, thankfully, with just 5 weeks to go: One in Michigan and one in Colorado.
In both cases, she receives an email from her potential employer which verifies and summaries her salary and the general terms of the offer which, hopefully, leads to a final two-year agreement that she would have to eventually print out, sign and return via U.S. Mail (though at this point in time, there is no requirement by her potential employers that she does so immediately). In fact, she did not receive the offer on paper from either company, but rather via the internet through email in a pdf file.
Though she did receive two offers, both companies required that she complete her undergraduate degree by the end of the semester (so that means she has to pass all her classes). If she does not complete her degree, then the job would not ultimately be given to her. However, there is no reason to believe that Jade is in trouble as she has at least a “B” in all her classes at this point and no other issues other than she did not receive as much Valentine’s chocolate and did not receive a Teddy Bear either.
Anyway, Jade decides that she will accept the Colorado job. She writes back from her smartphone, via email, that she will accept the Colorado job! She then immediately rejects the Michigan job the same way, but wishes them well.
In both cases, the potential employers also had provided to her-via email-with the pdf file of their standard employee handbook which delineated the rights and responsibilities of both the employer and employee, if she were to accept. Jade did look these over before responding and accepting the Colorado job.
Questions Presented:
1. Can you describe the essential elements of a contract and what that might entail in this instance?
Here I would certainly write out and explain the contracts formula. I would then define the terms and discuss whether or not you believe the situation meets the contract fundamentals. This should be very straightforward and relatively short.
2. After Jade sent her email via her smartphone, but before she actually printed out and signed the contract, do you feel that a contract has been formed? If so, why do you believe this to be the case?
Here I would address more in-depth whether a contract has been formed, but I would focus on whatever topics or issues you feel could be addressed as well. I would address them individually and separate by letter. So, something like this (this is just for example):
A. Express Contract:
B. Promissory Estoppel/Detrimental Reliance:
C. E-commerce:
D. LOI/MOU:
E. Mailbox Rule:
F. Mirror Image Rule:
G. And so on, whatever other issues you “spot” and would like to address.
Divide the three major paragraphs as follows:
I. Introduction (I would tell the reader why you are doing this assignment and provide a short summary of the fact scenario so the reader understands what is going on here).
II. Questions Presented (I would literally restate the two questions individually, then answer them accordingly). Are there any other contract terms, subjects, principles, themes or considerations in play here that we covered in class? If so, you might want to briefly explore them in subparagraphs such as:
A. Term/Issue
B. Term/Issue
III. Conclusion (Summarize in 2 or more sentences the purpose of this assignment and the relevant topics, subjects, terms or other considerations in this class that you found relevant).
The key here is to tie it all together. Do not add anything new that you have not already discussed in the Memorandum.
You do NOT need a references page for this assignment. Before you turn it in, however, here is a quick checklist which you should consider:
1. Does your memo look clean? Is it free from stains, smears, folds and such?
2. Is it properly stapled in the upper left-hand corner if more than one page?
3. Are your pages numbered (if you have multiple pages) in the lower right?
4. Is the font in 12 point Times New Roman and consistent?
5. Are grammar and spelling correct?
6. Do you use proper paragraph format? Did you answer the question(s)?
7. Avoid contractions at all costs! (don’t; won’t; can’t; I’m; here’s;)
8. Avoid colloquialisms: “last but not least”; “I personally believe”; “What it basically says”; “You know what I’m sayin”…
9. Are you spacing your lines correctly based upon the assignment? In this assignment, I want single space within a paragraph and an additional space between paragraphs.
10. No cover page! No colored paper!
11. Use only 1 inch margins on all sides.
12. No more than 4 single-spaced pages; however, underline or set-off new topics with an underline.
Grades based upon my subjective interpretation of the quality of your effort:
100/100: Superior: excellent summary; nice transitions; good quality: very thorough, to the point; followed correct format and instructions; serious in effort, no apparent errors.
90/100: Really good, but not outstanding: nice summary; good transitions; very few mistakes if any; thorough and confident. Errors found, but they do not detract from the overall effort.
80/100: Okay; summary sufficient; worthwhile effort; I am aware that you read and understood the material and the assignment. Grammatical errors such as improper English, and others, such as failure to follow instructions, trip you up.
70/100: Disappointing and could have been a lot better; Sadly, seems to be lacking in effort especially when compared to others; numerous errors; possibly did not follow directions.
60/100: Very disappointing effort. Typos, grammatical errors, lack of attention to detail and failure to follow instructions; clearly not serious.
50/100: Extremely careless overall and you have earned the lowest grade possible.
Final thoughts. I want two (2) copies of this assignment handed in. Also, always lead the reader. Take charge and do not make me guess where you are going.
3
