Cases Responses

Hello

I have 4 cases study in Law and i need answer questions for each case.

I need more specific answer for each question correctly.

THank you

Case 1:

1. Legal Cognizance

1. Facts:

2. Briefly describe the facts.

DiLorenzo was employed by Valve & Primer Corporation, and claims that the corporation offered him a ten-year stock option in 1987. DiLorenzo further claims that he stayed with the company for an additional nine years in reliance of that employment agreement. Valve & Primer claim no agreement was made in regards to a stock purchase option. In 1996, DiLorenzo attempted to “tender his remaining one hundred shares pursuant to a stock redemption agreement” as he entered into a semi-retirement. He was fired shortly after, so he claims that the stock agreement should be enforced by (1) validity, and if not valid then by (2) promissory estoppel.

Which facts were key to the outcome?

DiLorenzo claims reliance on stock option to continue employment. The only purported proof of such an agreement is an “unsigned copy of board meeting minutes of which DiLorenzo had the only copy. No mandatory requirement of staying employed by the company to make the election to purchase the stock at the option price.

2. Legal issue:

3. What legal issue(s) does this case illustrate (i.e. why is this case in the chapter)?

Past consideration and promissory estoppel.

1. What are all of the elements of the main legal rule that this case illustrates? For instance, if the case is about undue influence, list ALL of the elements that the court in this case said had to be proven by the plaintiff.

Past consideration: no valid consideration if promise is for an act already done. Promissory estoppel makes a noncontractual promise enforceable when there was detrimental reliance on the promise.

Repeat 2. for each issue raised. (For example, a case may discuss 1. Whether there is an implied-in-fact contract, and II. Whether the UCC or common law applied. If so, you will repeat 2. for each of these two issues.)

1. Expand Perspective, Gain Interpersonal Understanding, and Critically Assess Implications

2. Prevailing party’s point of view:

3. What legal arguments were made by the prevailing party?

Valve & Primer argued that there is no consideration that would make the stock agreement valid and that DiLorenzo could not prove detrimental reliance that would create grounds for promissory estoppel.

1. What facts, legal reasoning, social policy, and ethical principles would support a ruling for the prevailing party?

No legal detriment to DiLorenzo validating consideration and promissory estoppel requirements were not met.

1. What were the probable motivations behind the prevailing party’s actions leading up to the dispute? After the dispute?

Valve & Primer did not believe they needed to uphold the stock option agreement because they had no documentation of such a promise and they did not feel DiLorenzo had adequate reasoning for upholding the agreement.

Repeat 3. for each and every issue in the case.

4. Losing party’s point of view:

5. What legal arguments were made by the losing party?

DiLorenzo argued that because he relied on the promise of stock options he deserved that the option be enforced.

1. What facts, legal reasoning, social policy, and ethical principles would support a ruling for the losing party?

DiLorenzo claimed promissory estoppel on the grounds that he relied on the stock option to stay with the company

1. What were the probable motivations behind the losing party’s actions leading up to the dispute? After the dispute?

DiLorenzo claims to be held back from greater career opportunities because he relied on the company’s promise of a stock option agreement if he stayed with the company.

Repeat 4. for each and every issue in the case.

5. Judge’s point of view:

6. How did the court rule on each argument?

The appellate court ruled in agreement with the trial court in that no consideration was present and requirements of promissory estoppel were not met.

1. What facts, legal reasoning, social policy, and ethical principles did the court use to support its ruling?

Validity of consideration to make a promise enforceable and the requirement of justifiable reliance on a promise for promissory estoppel.

1. What were the probable motivations behind the judge’s decision?

Based on the above facts and reasoning, no matters present justified enforcing the promise made to DiLorenzo.

Repeat 5. for each ruling made by the judge.

1. Find Recent Developments and Diverse Theories, Synthesize, and Compare

6. Different Rules: Pose the question “What if the court adopted a different legal rule?”

1. Search the web for other articles to refer to in your article or call an attorney or business professional who may have experience with this type of issue. Write a brief one-paragraph summary of this case or article:

Drennan v. Star Paving Co. involves a subcontractor bid of $7,100 submitted by Star Paving to Drennan for construction of a public school. Drennan used Star Paving’s bid in preparation of his final bid to gain the contract for the construction. Star Paving then said that they underestimated the costs and would not do the work for anything less than $15,000. Drennan then hired a new subcontractor that completed the work for $11,000. Drennan sued Star Paving for the difference between the original bid of $7,100 and the amount of $11,000 paid to the new subcontractor on the grounds of promissory estoppel. The courts ruled in favor of Drennan because all requirements for promissory estoppel were met.

I found many cases relating to the issue of promissory estoppel and how the courts were trying to rule when this issue was involved. The ruling for these cases seem to involve first looking at whether there is consideration that would make promissory estoppel an invalid argument. Such is the case in both DiLorenzo v. Valve & Primer Corporation and Drennan v. Star Paving Co. In both of these cases, there was found to be no consideration that would make for an enforceable contract. The courts then look at whether the requirements for promissory estoppel are met. These requirements include having a clear and definite offer, a reliance on the offer made, and only being able to avoid injustice if the promise is made enforceable. In regards to how courts will tend to treat this issue, on the Drennan v. Star Paving Co. a mention was made that this case has been influential in determining the approach to applying promissory estoppel in similar cases.

1. Creative, Application and Critical Thinking Questions

2. Your point of view of the case in the book:

3. Do you agree or disagree with the actual outcome? Why or why not?

I agree based strictly on the facts presented that DiLorenzo could not confirm the level of his reliance on the agreement made and the fact that the only documentation of the agreement was held unsigned by DiLorenzo. But I do feel like if DiLorenzo, in his understanding of the agreement, stayed with the company for the reason of exercising the stock options, he should be given some type of compensation.

1. Change it up: Pose the question “What if the facts were different?” Create changes to the facts that would probably result in a different outcome of the case and, using critical thinking and legal reasoning, tell why your change in facts would make a difference.

If there was a signed contract between DiLorenzo and Valve & Primer Corporation stating that he would have the right to exercise the stock option in 10 years and if still employed by the company, then the promise of the stocks should be enforced upon promissory estoppel because he stayed with the company knowing the documented requirement of continued employment.

1. Relate the case to your own experience, if applicable, or to the experience someone else has shared with you.

The Lawrenceburg Golf and Country Club general manager claims he received a promise of lifetime membership upon entering into the GM position, but the current board has no documentation of such a promise being made. Now that this GM no longer is employed by the club, he is trying to have his promise for lifetime membership enforced. The current board is not willing to honor this claim based on the fact that no documentation has been found to prove this employment benefit.

1. How will you apply the lessons from this case to your future career?

Make sure to understand completely employment agreements and options available.

1. Write recommendations to avoid future legal problems and that best suit the objectives of a firm or company in your chosen career field.

Maintain complete documentation of board meeting minutes and all employment contracts for which a future option will be related to.

Case2:

CASE NAME: __New England Rock Services, Inc. v. Empire Paving, Inc.__

A. Legal Cognizance

1. Facts:

2. Briefly describe the facts.

Empire Paving, Inc. entered into a contract with New England Rock Services, Inc. for subcontracting services. Problems arose that made Rock Services job more difficult, leading to an agreed upon amendment to the contract to change the method of payment to Rock Services from Empire Paving. After work was completed, Empire refused to pay the remaining balance due as a result of the amended contract.

1. Which facts were key to the outcome?

The amendment was agreed upon and signed. Empire failed to do their part in controlling water.

2. Legal issue:

3. What legal issue(s) does this case illustrate (i.e. why is this case in the chapter)?

Modification of a Preexisting Contract

Modifications to a preexisting contract “must be supported by mutual consideration to be enforceable” (pg. 230).

B. Expand Perspective, Gain Interpersonal Understanding, and Critically Assess Implications

1. Prevailing party’s point of view:

2. What legal arguments were made by the prevailing party?

Rock Services argued that “Empire’s duty to control or remove the water on the job site arose in accordance with the custom and practice in the industry and, therefore, Empire’s failure to control or remove the water on the site constituted a new circumstance…” (pg. 233),

1. What facts, legal reasoning, social policy, and ethical principles would support a ruling for the prevailing party?

The issue is in Empire not controlling or removing the water which was their duty, thus giving new consideration for an amended contract by exception of the preexisting duty rule.

1. What were the probable motivations behind the prevailing party’s actions leading up to the dispute? After the dispute?

They felt they deserved their money because they had an agreed upon amended contract.

Repeat 3. for each and every issue in the case.

4. Losing party’s point of view:

5. What legal arguments were made by the losing party?

Empire argued that the water conditions did not give rise to new circumstances that would make an amended contract valid.

1. What facts, legal reasoning, social policy, and ethical principles would support a ruling for the losing party?

The preexisting duty rule in that Rock Services was already required by contract to perform the work.

1. What were the probable motivations behind the losing party’s actions leading up to the dispute? After the dispute?

Empire believed no valid consideration occurred to allow for the amended contract to be valid.

Repeat 4. for each and every issue in the case.

5. Judge’s point of view:

6. How did the court rule on each argument?

In favor of New England Rock Services, Inc.

1. What facts, legal reasoning, social policy, and ethical principles did the court use to support its ruling?

The doctrine of consideration and the existence of a new consideration allowing for a change to the original contract per the exception to the preexisting duty rule.

1. What were the probable motivations behind the judge’s decision?

Rock Services were rightfully owed the money based on the amended contract because the the new consideration came about because of Empire’s failure to perform their duty.

Repeat 5. for each ruling made by the judge.

C. Find Recent Developments and Diverse Theories, Synthesize, and Compare

6. Different Rules: Pose the question “What if the court adopted a different legal rule?”

Alaska Packers’ Association v. Domenico relates to the issue of new consideration allowing for an enforceable modified contract. In this case, Domenico was hired by Alaska Packers’ Association to fish for salmon in a remote location for a brief period of time for $50 plus 2 cents for each salmon caught. After beginning the work, Domenico demanded an increase in pay to $100, to which the company agreed due to the brief time restraint and remote location that made finding new workers difficult. At the end of the season, Alaska Packers refused to pay more than the price listed in the original contract. Domenico filed a lawsuit saying the nets were defective, and the extra pay should be honored. The trial court found the Domenico’s issue fell under the preexisting duty rule and no new consideration was present. Domenico appealed and the judgement was reversed, although from the facts listed, I do not see reasoning for a reversal in judgement.

Many cases similar to these two follow the same procedures in validating or invalidating new consideration when trying to determine whether the preexisting duty rule is applicable. The trial courts seem to be consistent in determining whether the preexisting duty rule applies or if there is an exception to the rule. The courts seem to be strict on determining whether new consideration is present, as further described in Stilk v. Myrick, where two crewmen deserted their ship and the remaining crew tried to split their earnings, which the court did not enforce.

D. Creative, Application and Critical Thinking Questions

1. Your point of view of the case in the book:

2. Do you agree or disagree with the actual outcome? Why or why not?

Yes, I agree because Rock Services job was made more complicated by Empire not performing what was expected of them, so they were right in requesting more money to finish the job.

If the water issue was completely out of the realm of Empire’s preemptive duty, then Rock Services would not have an enforceable amended contract because there would be an exception to the preemptive duty rule.

How will you apply the lessons from this case to your future career?

Perform my job at the level required of me and complete my obligations to avoid further expenditures.

Write recommendations to avoid future legal problems and that best suit the objectives of a firm or company in your chosen career field.

For Empire’s sake, make sure you are performing the duties you are expected to perform adequately, so as to not give rise to a company’s ability to increase their expenses as a result of your inadequacy.

Case3:

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CASE NAME: __Pearsall v. Alexander____

1. Legal Cognizance

1. Facts:

2. Briefly describe the facts.

In this case, Harold Pearsall and Joe Alexander each purchased a “package,” which they typically share consisting of vodka, orange juice, cups, and lottery tickets. Pearsall purchased the first package to which Alexander agreed he wanted to share. Pearsall’s purchased tickets were worthless, so Alexander went back to purchase a second “package,” including a lottery ticket worth $20,000. Alexander then refused to split the profit with Pearsall.

1. Which facts were key to the outcome?

Key facts were Alexander responding “Yes” when asked by Pearsall if he wanted to share the first pair of tickets that were purchased, and the inference that Alexander was continuing their usual practice of sharing the tickets when he and Pearsall each scratched off a ticket with the second set.

2. Legal issue:

3. What legal issue(s) does this case illustrate (i.e. why is this case in the chapter)?

The presence of consideration, more specifically the presence of legal sufficiency.

Elements of consideration are (1) legal sufficiency and (2) bargained-for exchange. The element of legal sufficiency is either a legal detriment to the promise or a legal benefit to the promisor (pg. 225).

1. Expand Perspective, Gain Interpersonal Understanding, and Critically Assess Implications

2. Prevailing party’s point of view:

3. What legal arguments were made by the prevailing party?

An agreement existed between Pearsall and Alexander to split the winnings of the lottery tickets.

1. What facts, legal reasoning, social policy, and ethical principles would support a ruling for the prevailing party?

Alexander gave his consent in answering “yes” to Pearsall’s proposal, then was eager to scratch off the tickets Pearson had purchased. Furthermore, Pearson was allowed to scratch off a ticket when Alexander purchased the second pair. On the basis of their past relationship, it seems inferred that they would split the profits because them purchasing the tickets together was a weekly event.

1. What were the probable motivations behind the prevailing party’s actions leading up to the dispute? After the dispute?

Pearsall felt he was rightfully owed half of the $20,000 winnings because of their usual arrangement.

Repeat 3. for each and every issue in the case.

4. Losing party’s point of view:

5. What legal arguments were made by the losing party?

Losing party’s argument was that no agreement was made between Alexander and Pearsall.

1. What facts, legal reasoning, social policy, and ethical principles would support a ruling for the losing party?

The fact that Alexander did not reimburse Pearsall for the first purchase.

1. What were the probable motivations behind the losing party’s actions leading up to the dispute? After the dispute?

Alexander did not feel Pearsall was owed half the winnings because he didn’t promise anything to Pearsall when purchasing the second pair of tickets.

Repeat 4. for each and every issue in the case.

5. Judge’s point of view:

6. How did the court rule on each argument?

The court ruled in favor of Pearsall.

1. What facts, legal reasoning, social policy, and ethical principles did the court use to support its ruling?

The extent of the relationship between Pearsall and Alexander and the frequency of their purchasing this “package” together. Also the fact that legal sufficiency in the creation of a detriment to either man for half of the winnings.

1. What were the probable motivations behind the judge’s decision?

Alexander’s conduct led the judge to believe he agreed to enter into an agreement with Pearsall to split the profits from the tickets.

Repeat 5. for each ruling made by the judge.

1. Find Recent Developments and Diverse Theories, Synthesize, and Compare

6. Different Rules: Pose the question “What if the court adopted a different legal rule?”

Miller v. Radikopf is similar to Pearsall v. Alexander in that there was an oral agreement to jointly own tickets and share winnings. Miller and Radikopf jointly sold sweepstakes tickets, receiving 2 tickets as compensation for every 20 they sold. One of Radikopf’s comp. tickets won the sweepstakes and he then refused to share the winnings with Miller. The major claim in this case, like in Pearsall v. Alexander, is whether or not an enforceable contractual claim to share the money exists. However, whether or not the claim was enforceable was not the ultimate issue, as the state in which this case occurred has laws making the act of selling/purchasing the sweepstakes tickets unlawful. As a result, the trial court, court of appeals, and supreme court of Michigan all stated that no such contract is enforceable because it is not legal in the state of Michigan.

It seems like this scenario and those similar to the Pearsall v. Alexander case vary across states as to how the case would be handled. Because laws regarding lottery tickets and the like are different from state to state, it is difficult to claim a specific standard of handling cases like these two.

1. Creative, Application and Critical Thinking Questions

2. Your point of view of the case in the book:

3. Do you agree or disagree with the actual outcome? Why or why not?

I agree with the judge’s decision to reverse the trial court’s dismissal of Pearsall’s complaint and rule in favor of Pearsall because it just seems like at every turn Alexander could have backed away and said he didn’t want to share anything with Pearsall, but his conduct clearly displays his choice to continue their relationship as it had been in the past.

I think that had Alexander went back to the store to purchase the tickets and then went home without letting Pearsall know that he had purchased more tickets then there would be no obligation to split the winnings.

1. Relate the case to your own experience, if applicable, or to the experience someone else has shared with you.

I think an experience of mine that relates to this would be me and a friend trying to sneak chocolate at each other’s houses growing up. This may seem petty ( and it is), but the idea of us partnering to essentially play a game of chance in whether or not we could grab the chocolate relates to them buying the lottery ticket. Also, if my friend found the chocolate and then didn’t share it with me, I would not be happy.

1. How will you apply the lessons from this case to your future career?

This case is a good lesson in proceed with caution when entering into a partnership, even when entering into a partnership of some kind with someone you would consider a friend.

1. Write recommendations to avoid future legal problems and that best suit the objectives of a firm or company in your chosen career field.

Make clear your intentions to enter into a partnership or not enter into a partnership, and what specifically that will entail, even when the partnership is with someone well-known to you.

Case4:

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CASE NAME: Rea V. Paulson

1. Legal Cognizance

2. Facts:

3. Briefly describe the facts.

The Plaintiff, Ken Rea, and some other family were taking care of their sick mother who then moved in with her son, the defendant, Larry Paulson, his wife, and her child. Paulson encouraged his sick mother to put her home in Rainier in his name so that the state could not take it from her. The sick mother had tried to out the home in Rea’s name before, however, he told her it wasn’t necessary because they would not take her home from her. During the time that their mother was sick, Paulson became power of attorney and a new deed was outlined. The home was later sold or the ownership was transferred to Rita Brady, from what I can tell, by Paulson after the death of his mother. Rea brought action to set aside the deed outlined by his brother. A cross claim was filed by Rita Brady for damages in the event that he won the suit against Paulson.

1. Which facts were key to the outcome? The facts are that Paulson outlined a new deed for his ailing mother, who had a deed already stating that they would be treated equally.

2. Legal issue:

3. What legal issue(s) does this case illustrate (i.e. why is this case in the chapter)? This case covers Mistake.

4. What are all of the elements of the main legal rule that this case illustrates? For instance, if the case is about undue influence, list ALL of the elements that the court in this case said had to be proven by the plaintiff. They have to prove that there was an erroneous belief that facts were true.

1. Expand Perspective, Gain Interpersonal Understanding, and Critically Assess Implications

2. Prevailing party’s point of view:

3. What legal arguments were made by the prevailing party? Prevailing party’s issue is the new deed which led to the selling of the mother’s home to Brady.

4. What facts, legal reasoning, social policy, and ethical principles would support a ruling for the prevailing party? That they had told their mother putting the home in another name wasn’t necessary and that her original deed had them treated equally.

1. What were the probable motivations behind the prevailing party’s actions leading up to the dispute? After the dispute? The motivations were the new deed that led to the home being sold.

Repeat 3. for each and every issue in the case.

4. Losing party’s point of view:

5. What legal arguments were made by the losing party? Essentially they argued that the plaintiff assumed or bore the risk of the mistake.

6. What facts, legal reasoning, social policy, and ethical principles would support a ruling for the losing party? Had they agreed to the new deed this would have ended differently.

7. What were the probable motivations behind the losing party’s actions leading up to the dispute? After the dispute? They just wanted the money from the home perhaps.

Repeat 4. for each and every issue in the case.

5. Judge’s point of view:

6. How did the court rule on each argument? The judge ruled in favor of Rea, the plaintiff.

7. What facts, legal reasoning, social policy, and ethical principles did the court use to support its ruling? That they found no reason that the plaintiff would bear or assume the risk.

8. What were the probable motivations behind the judge’s decision? That there was no reason that the plaintiff bore the risk.

Repeat 5. for each ruling made by the judge.

1. Find Recent Developments and Diverse Theories, Synthesize, and Compare

2. Different Rules: Pose the question “What if the court adopted a different legal rule?” Had the court said that the last person taking care of the mother had the right to assume power of attorney and essentially “what they said and did goes,” the case would have been ruled on differently.

3. Search the web for other articles to refer to in your article or call an attorney or business professional who may have experience with this type of issue. Write a brief one-paragraph summary of this case or article: I actually found a mutual mistake case brief on www.lawnix.com . The case is Wood V. Boynton. The facts were that Wood, the plaintiff, sold Boynton, the defendant, a gem they both believed to be topaz. Boynton only paid Wood $1 for the gem. Boynton discovered the gem was actually a diamond worth $700 dollars. Wood made an offer of $1.10 to purchase the stone back from Boynton, which was refused. Wood took Boynton to court but the judge ruled in favor of Boynton, citing that it was a mutual mistake and the gem could not be rescinded without fraud. Meaning that the only way he could regain ownership of the gem is to prove that Boynton committed fraud in the purchase.

1. Ponder and reflect to compare this case to recent news and cases. This is the really cool part. You will be thinking like a legally astute manager, owner, or professional as you read, analyze and compare cases to draw your conclusions. Some neat ideas to help with your analysis: If the outcomes of the recent cases you found are different, can you make sense of the different outcomes? Are there different legal standards that make for different outcomes? Is there a trend leaning more in favor of a plaintiff or defendant’s position? Are the outcomes the same or different simply because the facts are similar or dissimilar? What accounts for the same or different results? Write your thoughts here: The two cases here are not very similar. I can, however, reflect on this case. I agree with the judge’s ruling in this case because I can understand that this was a mutual error. It would not be fair to take the gem away from Boynton because of something he found out after the fact. While it is a hard hit for Wood it was no one’s fault. I can make sense of the different outcomes here. The plaintiff in this case did bear the risk here, because he sold the gem before he researched into it. Had he done research about the gem he would likely have known that it was a diamond.

1. Creative, Application and Critical Thinking Questions

2. Your point of view of the case in the book:

3. Do you agree or disagree with the actual outcome? Why or why not? Because I did not get to read the entire summary of the case, just what I could find, I agree mostly with the ruling. I feel this way because I think that the plaintiff had been taking care of his mother before his brother moved her in with him. He had assumed the responsibility of her caregiver, along with his wife and siblings, and he had informed her that she did not need to put the home in any other name. I do feel that as power of attorney Paulson should have been more ethical in his decisions. He was using the money she received for her health benefit and also using her credit cards to purchase personal items for himself.

4. Change it up: Pose the question “What if the facts were different?” Create changes to the facts that would probably result in a different outcome of the case and, using critical thinking and legal reasoning, tell why your change in facts would make a difference.

5. Relate the case to your own experience, if applicable, or to the experience someone else has shared with you.

6. How will you apply the lessons from this case to your future career? I will use this case in my future to make sure that something like this does not happen to anyone, acquaintances or clients perhaps. I would not want their wants to slip through the cracks because of health issues.

1. Write recommendations to avoid future legal problems and that best suit the objectives of a firm or company in your chosen career field. I would recommend that any family members of a sick parent always make the decisions about the parent together and for the benefit of the parent and with the wishes of the parent.

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