Engagement in Legal Environment Contract Duty Questions

Engagement in Legal Environment Contract Duty Questions

 
OKLAHOMA CITY UNIVERSITY MEINDERS SCHOOL OF BUSINESS
ETHICAL, SOCIAL & LEGAL ENVIRONMENT OF BUSINESS
MGMT 5703-WB
FALL 2021
MEREDITH A. WEGENER, J.D.; LL.M.

ENGAGEMENT EXERCISE 3


1. In a word document, answer the following questions. These pull from your materials, but
are also provided here for convenience. Submit your answers in the Assignment
Dropbox on D2L by October 17, 2021 at 5:00pm CST.

a. Shane Durbin wanted to have a recording studio custom-built in his home. He
sent invitations to a number of local contractors to submit bids on the project.
Rory Amstel submitted the lowest bid, which was $20,000 less than any of the
other bids Durbin received. Durbin called Amstel to ascertain the type and
quality of the materials that were included in the bid and to find out if he could
substitute a superior brand of acoustic tiles for the same bid price. Amstel said he
would have to check in to the price difference. The parties also discussed a
possible start date for construction. Two weeks later, Durbin changed his mind
and decided not to go forward with his plan to build a recording studio. Amstel
filed a suit against Durbin for breach of contract.
i. Did Amstel’s bid meet the requirements of an offer? Explain.
ii. Was there an acceptance of the offer? Why or why not?
iii. In your own words, how is an offer terminated? Assuming that Durbin did
not inform Amstel that he was rejecting the offer, was the offer terminated
at any time described here? Explain.

b. Tabor is a buyer of file cabinets manufactured by Martin. Martin’s contract with
Tabor calls for delivery of fifty file cabinets at $40 per cabinet in five equal
installments. After delivery of two installments (twenty cabinets), Martin informs
Tabor that because of inflation, Martin is losing money. Martin will promise to
deliver the remaining thirty cabinets only if Tabor will pay $50 per cabinet.
Tabor agrees in writing to do so. Discuss whether Martin can legally collect the
additional $100 on delivery to Tabor of the next installment of ten cabinets.

c. APS is a global corporation that provides real property owners with a variety of
services, including property preservation—repairs, debris removal, and so on.
Lucas Contract, Inc is a small trade contractor in Carrolton, Ohio. On behalf of
APS, Berghorst Enterprises hired Lucas to perform preservation work on certain
foreclosed properties in eastern Ohio. When Berghorst did not pay for the work,
Lucas filed a suit in an Ohio state court against APS. Before the trial, Lucas
emailed the terms of a settlement. The same day, APS emailed a response that
did not challenge or contradict Lucas’s proposal and indicated agreement to it.
Two days later, however, APS forward a settlement document that contained additional terms. Which proposal most likely satisfies the element of agreement
to establish a contract? Explain.

d. Graduate level writing is expected. Punctuation, grammar, spelling and complete
sentences are a part of your grade.

2. Post to the Contracts & Ethics discussion board your answer to the following question
modified from your materials.

a. Sky High Sports Nashville Operations, LLC operated a trampoline park in
Nashville, TN. At the park during a dodgeball tournament, Jacob Blackwell, a
minor, suffered a torn tendon and a broken tibia. His mother, Crystal, filed a suit
on his behalf against Sky High, alleging negligence and seeking $500,000 to
cover medical and other expenses. Sky High asserted that the claim was barred
by a waiver of liability in a contract between the parties, which the defendant
asked the court to enforce. The waiver released Sky High from liability for any
“negligent acts or omissions.”
i. Discuss and analyze the ethics of including liability waivers in recreational
activity contracts generally and whether they should be enforceable.
1. In your response, you are welcome to take the perspective of the
participants, the business, a parent of a minor participant, or others
involved in the events.

b. Post your answer by October 17, 2021 at 5:00pm CST.

c. You are welcome to reply to your peers, but you are not required to do so on this
assignment.

d. As always, be respectful, thoughtful and kind.

3. Instructions for creating a post:
Select Start a New Thread.
Type something in the subject line, then add your response in the Post field.
Click the Camera Icon to insert an image.
Select Post when you want to share your response.

4. Instructions for replying to someone’s post:
Select Reply to Thread.
Type something in the subject line, then add your response in the Post field.
Select Post when you want to share your reply.