2. Greenbaum commissions a $230,000 sculpture from Edmar, a
famous artist. Edmar will create a
sculpture that shows man’s dependence on nature. The design and size of the
sculpture will be decided by the artist. The sculpture is to be delivered to
Greenbaum’s sculpture garden within 18 months.
Within four weeks, Edmar shows Greenbaum preliminary sketches of the
sculpture whichGreenbaum dislikes. Edmar
makes several changes, but Greenbaum decides he no longer wants a sculpture and
refuses to allow Edmar to install it.
Edmar sues Greenbaum for payment of $230,000 under the contract. Greenbaum defends by arguing that he has no
legal obligation to pay Edmar. Decide
the case discussing the arguments of both parties.
3. Will Greene, an experienced promoter and producer of
musical concerts, entered into a contract with Len Rencel, a rock singer,
whereby Greene would promote several concerts for Rencel. Rencel belonged to the American Federation of
Musicians (AFM), a union that represents most big-name musicians. The contract between Greene and Rencel was on
a standard, preprinted form required to be used by all AFM members. The contract contained an arbitration clause
that required any disputes regarding the contract to be heard and decided by
the executive board of the AFM. When a
monetary dispute arose between Greene and Rencel regarding the division of
proceeds from the concerts, Greene sued Rencel in court. Rencel filed a motion to compel
arbitration. Greene argued that the
arbitration clause was unenforceable. Is
Greene correct? Why or why not? What legal theory will Greene argue?
4.
In November 1959, Raymond Poole, a 33-year-old college
graduate, went to the Ballroom Dance Studio to redeem a certificate
entitling
him to three free dance lessons. At that
time, he lived alone in a one-room attic apartment. During the free
lessons, the instructor told
Poole that he had “the potential to be a fine, accomplished dancer.”
Poole then signed up for more lessons. He attended lessons regularly
and was praised
and encouraged by the instructors despite his lack of progress.
Contract extensions and new contracts for
additional instructional hours were executed, which Poole prepaid. Each
written contract contained the bold-type
words, “Noncancellable contract.”
On September 24, 1961, Poole was severely injured in an
automobile accident. At that time he had
contracted for a total of 2,734 hours of dance lessons, for which he had
prepaid $24,812. When the Ballroom Dance
Studio refused to refund any of his money, Poole sued to end the outstanding
contracts and recover the money for his prepaid lessons. What argument(s) can Poole use to end the
contracts? What argument(s) will the
Ballroom Dance Studio make? Decide who
will succeed.
5.On January 2, 2012, Delta Miller began a one-year contract
of employment as a human resources manager for the J. Smythe Company.
After four months at her new job and in the
middle of a major project, Miller realized that she hated human
resources
work. On an impulse, Miller bought a
one-way ticket to Brazil, where she planned to spend a year living in
the rain
forest. Before her departure, Miller
convinced Victor Mullins, her former BLAW 201 classmate from Drexel, to
take
over her job. Mullins began working for
Smythe, and within a week, Smythe was objecting to Mullins’ work style.
Smythe fired Mullins and immediately filed a
lawsuit against Miller for breach of contract.
Did Smythe have the right to fire Mullins? What is the basis for
Smythe’s lawsuit? Decide who will prevail and discuss fully the
arguments and legal theories used by both Smythe and Miller.
Click
here to claim a 30% discount on this essay. Our team is made up of professionals who
have excelled in different areas of academia. Try our service and you will
never be disappointed.
No comments:
Post a Comment