Dr. Mike Martin was playing in the Tiger Faculty Golf Tourna…
Dr. Mike Martin was playing in the Tiger Faculty Golf Tournament. When he arrived at the seventh tee, Mike found a Ford Mustang parked next to a sign which proclaimed: “Hole-In-One On This Hole Wins This 2022 Ford Mustang GT” Mike aced the seventh hole (which was properly witnessed by his fellow golfers) and attempted to claim his prize. Engel LLC refused to deliver the car: the car had been offered as a prize for a charity golf tournament sponsored by the Smoky Hill Country Club two days earlier. Engel LLC had failed to remove the car and the posted sign prior to Mike’s hole-in-one. Mike sues Engel LLC for breach of contract. Please fully discuss this case by completely answering the following questions: Does an enforceable contract exist between Mike and Engel LLC? (10 Points) Assuming the court finds that an enforceable contract exists, what defenses (excuses) – if any – are available to Engel LLC against Mike’s demand for performance? (2 points) Assuming the court finds that an enforceable contract exists and that it was breached, what remedy is available to Mike? (2 points)
Read DetailsConrad bargains with Susie for the sale of a piece of rural…
Conrad bargains with Susie for the sale of a piece of rural land. To convince Susie to purchase the land at an inflated price, Conrad tells Susie the land is known to have proven, producible oil reserves, knowingly showing Susie fake, but very detailed, seismographic data which convince Susie to purchase the land. Only later, after drilling several wells, does Susie realize that the land she purchased had no oil reserves. Susie sues Conrad to rescind the contract, and she argues that Conrad has committed fraud. Which contract element is impacted by fraud? (1 point.) The trial court will analyze the facts for the presence of three elements to determine whether fraud was committed. What are these elements? (1 point each; 3 points total.) Write one or two sentences explaining why each element it is either present or missing from this fact pattern; that is, explain whether the facts support the finding of fraud. BE SPECIFIC! (2 points for each element explained; 6 points total.)
Read DetailsA smart employer who wishes to protect a “trade secret” of h…
A smart employer who wishes to protect a “trade secret” of his business will often ask an employee to sign an ancillary agreement known as a “noncompete agreement” (or covenant not to compete), which becomes part of the employment contract. Along with being reasonable as to time, geography, and scope of activity governed, this type of noncompete agreement must also be: [BLANK-1] [BLANK-2] and [BLANK-3]
Read DetailsIdentify which element of contract is potentially challengea…
Identify which element of contract is potentially challengeable. In no more than three sentences, explain why there is a valid, voidable, or unenforceable contract. James, an accounting student at Fort Hays State University, prided himself on his social duties as his fraternity’s vice president for social affairs. He was an ambitious drinker. One night during a frat party, James consumed a valiant quantity of alcohol: his blood alcohol level was a 0.16, two times the legal limit. James became intrepid, and, with a loud voice distorted by a noticeable slur, offered to give his new car to anyone who could throw a bulls-eye on the dartboard. Sandy promptly attempted a throw, and hit the bulls-eye.
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