Reference no: EM131063419
Assignment: Fundamentals of Law
PART A
In the fall, Taylor, a third-year law student at State University in Bendigo, interviewed with several law firms for an associate position. Among those firms were Smith & Smith (Smith), located in Melbourne, and Jones and Jones (Jones), and located in Ballarat.
At the conclusion of her interview with Smith, the Smith recruiter told Taylor, "You have a position with us next fall provided you successfully complete your law program."
Taylor received only one other job offer; it was from the Jones firm in Ballarat.
Taylor considered the offers and then wrote to Smith accepting Smith's offer. Taylor rejected Jones's offer. Taylor would have accepted a position with Jones if Smith had not made an offer.
In November, two weeks before taking her final exams, Taylor moved to Melbourne. Smith sent Taylor a stipend which covered some, but not all, of her moving and living expenses.
Two days before she took her final exams, a Smith partner called Taylor, stating, "We have reassessed our hiring needs, and we are withdrawing our previous offer."
Taylor took and passed her final exams, and successfully completed her law program. Discuss the contract claims, defenses, and remedies of Taylor and Smith.
Required:
Provide answers to the following. Support your answers by reference to relevant statutory and case law.
1. Taylor brings a claim for breach of contract against Smith. Discuss whether Taylor and Smith formed an enforceable contract, AND whether Taylor is likely to win her lawsuit.
2. Discuss whether Smith has any defenses to Taylor's breach of contract claim.
3. Assuming Taylor proves breach of contract; discuss the possible remedies available to her.
PART B
Jenny parked her caravan on a beachside block of land that she leased from Bob. Over many years, she adds shade awnings, a brick barbeque, a fenced garden and a wooden deck to the caravan. The wheels of the caravan have sunk into the soil and it would no longer be possible to tow the caravan away. Jenny's lease has now expired and Bob is refusing to allow Jenny to remove the caravan stating that it is now part of the land.
Advise Jenny as to whether she can remove the caravan. Discuss Bob's rights to keep the caravan. Who is likely to prevail if a lawsuit is filed in court?
|
Pros and cons of alternative solution
: 1. A description of what you believe to be the key marketing issue(s)/challenge(s) facing this organization, and justification in 2-3 sentences 2. 2a.The pros and cons of alternative solution 1 to address these marketing issues/challenges.
|
|
Explain each sampling technique discussed in statistics
: Explain each sampling technique discussed in Statistics
|
|
Effect on assets & liabilities from this transaction
: Mr. X purchased a building for $ 5,000,000 by making a down payment of $ 1,000,000 and signing a $ 4,000,000 bill payable due in 60 days. What was the effect on assets & liabilities from this transaction?
|
|
Complete put–call parity formula for stock-debt and assets
: Digital Organics has 11.1 million outstanding shares trading at $36 per share. It also has a large amount of debt outstanding, all coming due in one year. The debt pays interest at 9%. It has a par (face) value of $339 million, but is trading at a ma..
|
|
Discuss whether smith has any defenses to taylors breach
: Discuss whether Smith has any defenses to Taylor's breach of contract claim. Assuming Taylor proves breach of contract; discuss the possible remedies available to her.
|
|
National labor relations board
: Is the selection process for determining members of the National Labor Relations Board too politicized? Explain your response. Does the current selection process lead to instability in interpretations of the LMRA and is so, is this a positive or n..
|
|
Decision criteria for the payback is to reject a project
: The decision criteria for the Payback is to reject a project if the Payback is
|
|
What will be the new operating cash flow
: A proposed project has fixed costs of $96,000 per year. The operating cash flow at 6,600 units is $96,200. Ignoring the effect of taxes, what is the degree of operating leverage? If units sold rise from 6,600 to 7,100, what will be the new operating ..
|
|
Explain the factors that influenced development of theory
: Select one nursing theorist and explain the factors that influenced development of the theory (history, scientific paradigm, and personal experiences--mentoring, education, practice, other). Provide reference(s) for your response.
|