Reference no: EM132724059
CASE 1
Bilateral versus Unilateral Contracts. William Greene began working for Grant Building, Inc., in 1959. Greene allegedly agreed to work at a pay rate below union scale in exchange for a promise that Grant would employ him "for life." In 1975, Oliver Realty, Inc., took over the management of Grant Building. Oliver Realty's president as¬sured former Grant employees that existing employment contracts would be honored. During that same year, Greene explained the terms of his agreement to an Oliver Realty supervi¬sor. The supervisor stated that he would look into the matter but never got back to Greene. After twenty-four years of service, Greene was fired by the new owners of the business. Greene sued Oliver Realty for breach of a unilateral contract. [Greene v. Oliver Realty, Inc., 363 Pa.Super. 534, 526 A.2d 1192 (1987)].
A) Discuss fully whether Greene and Oliver Realty had a unilateral contract.
CASE 2
Shrink-Wrap Agreements. 1-A Equipment Co. signed a sales order to lease Accware 10 User NT software, which is made and marketed by ICode, Inc. Just above the signature line, the order stated: "Thank you for your order. No returns or refunds will be issued for software license and/or services. All sales are final. Please read the End User License and Service Agreement." The software was delivered in a sealed envelope inside a box. On the outside of the envelope, an "End User Agreement" provided in part, "BY OPENING THIS PACKAGING, CLICKING YOUR ACCEPTANCE OF THE AGREEMENT DURING DOWNLOAD OR INSTALLATION OF THIS PRODUCT, OR BY USING ANY PART OF THIS PRODUCT, YOU AGREE TO BE LEGALLY BOUND BY THE TERMS OF THE AGREEMENT. . . . This agreement will be governed by the laws in force in the Commonwealth of Virginia . . . and exclusive venue for any litigation shall be in Virginia." Later, dissatisfied with the software, 1-A filed a suit in a Massachusetts state court against ICode, alleging breach of contract and misrepresentation. ICode asked the court to dismiss the case on the basis of the "End User Agreement." [1-A Equipment Co. v. ICode, Inc., 43 UCC Rep.Serv.2d 807 (Mass.Dist. 2000)]
B)Is the agreement enforceable? Should the court dismiss the suit? Why or why not?
Case study: 3
Danté
After months of searching for a weekend job, Danté, who is Black, finally got an interview with the owner of a busy car wash and gas station. The owner seemed reluctant to hire him, but Danté managed to win him over. The owner gave him the job, saying that he would be working on a weekend shift with seven other young men, all students from the local area. The shift manager would train him on the car wash equipment.
On Danté's first day, the shift manager gave him only a few minutes of instruction on the equipment. Dante watched what the other men were doing, but when he asked questions, they were not very helpful.
Over the next few weekends, Danté concentrated on his work but because of certain events, he increasingly began to stay by himself. A few co-workers invited him to join their little group for lunch or breaks, but others consistently cracked ethnic and racial jokes, often within hearing of the shift manager. One day Danté overheard the manager say that Black people were responsible for increased violence in the community. This statement encouraged some co-workers, who had previously eaten lunch with Danté, to tell a couple of jokes about Black people. When they glanced at him as they told their jokes, he got up and walked away.
One busy Saturday afternoon, a whole section of the car wash equipment broke down because someone had allowed the system to become overheated. Danté had worked on that section until his break, when a co-worker took over. The system had broken down at some point after that.
The shift manager was furious and accused Danté of negligence. Danté replied that he believed the system was fine when he left for his break. Although Danté insisted that the equipment failure was not his fault, the shift manager fired him. Danté believed he was discriminated against because he is Black, while his co-workers and managers are White.
Group discussion questions:
C) Did the shift manager have good reason for firing Danté? Why?
D) What factors would a human rights tribunal take into consideration?
A) Discuss fully whether Greene and Oliver Realty had a unilateral contract.
B) Is the agreement enforceable? Should the court dismiss the suit? Why or why not?
C) Did the shift manager have good reason for firing Danté? Why?
D) What factors would a human rights tribunal take into consideration?
Attachment:- Business Low.rar