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?Choose one of the following cases, then analyze the cases in the Questions and Problems.
?Dynamic Business Law Case B: Chapter 15 (6 and 7) and Chapter 16 (9) in Dynamic Business Law
?For each assigned case, write an analysis of the
?issue based on the following criteria:
?Identify the parties involved in the case dispute
?(who is the plaintiff and who is the defendant). Identify the facts associated with the case and fact patterns.
?Develop the appropriate legal issue(s) in question (i.e., the specific legal issue between the two parties). Provide a judgment on who should win the case be clear.
?Support your decision with an appropriate rule of
?law.
??Be prepared to defend your decision and to objectively evaluate the other points of view
Questions & Problems
1. List the four types of consideration described in
the text.
2. What is required to prove promissory estoppel
when consideration is missing?
3. Can $1 be adequate consideration? Why or why not?
4. List and describe the three exceptions to the
preexisting duty rule.
5. List the three elements of accord and satisfaction.
6. When Holloman applied for a job at Circuit City, she
signed a “Dispute Resolution Agreement” (DRA)
that stated: “This agreement requires you and Cir-
cuit City to arbitrate certain legal disputes related to
your application for employment with Circuit City.”
The job application then added, “Circuit City will
consider your application only if this agreement is
signed.” Finally, the DRA contained this statement:
“I understand that my employment, compensation
and terms and conditions of employment can be
altered or terminated, with or without cause, and
with or without notice, at any time, at the option
of either Circuit City or myself.” Holloman was
hired but later quit and sued Circuit City, claiming
she had been discriminated against and construc-
tively discharged. Holloman argued that the arbi-
tration agreement was illusory and not supported
by consideration because of Circuit City’s unilat-
eral ability to terminate or modify the agreement.
How should the court rule? Explain your reasoning.
[Holloman v. Circuit City Stores, 162 Md. App. 332
(Md. Ct. App. 2005).]
7. Martin was employed as a retail associate by UPS
for over two years. He had no written employ-
ment agreement. On December 5, 2004, Martin’s
boss called him at his home and told him that he
was terminating Martin’s employment. The par-
ties disagreed, however, as to the content of the
rest of the conversation. Martin testified that his
boss had said that Martin was fired because the
other employees felt intimidated by him and that
Martin would be given a severance package of
two weeks’ pay if he would not litigate. Martin’s
mother corroborated this version of the conversa-
tion. In contrast, Martin’s boss stated that he told
Martin that he was fired because of his continued
personal use of company computers and because
of the multiple downloads on company comput-
ers. The boss claims he indicated that he would
give Martin his last week’s pay and his November
bonus and that he would consider giving him two
weeks of severance pay in a few weeks. Martin
never received severance pay from the company.
The company now argues that the offer of sever-
ance pay was not supported by consideration and
that Martin was not prejudiced by his boss’s rescis-
sion of his offer to pay severance. How should
the court decide? Why? [Richard A. Martin v. Ost
Mark, Inc., 2006 Ohio App. LEXIS 3938 (Ohio
Ct. of Appeals, 2006).]
8. On February 1, 2004, Zhang entered into a contract
to buy former realtor Frank Sorichetti’s Las Vegas
home for $532,500. The contract listed a March
