The following post has three assignments namely;
1.Oral employment contract
Case Study 1
Lamar Smunt, eccentric millionaire, sends Casimir Roginsky, famous portrait artist, a letter offering to pay Roginsky $500,000 to do a portrait of Smunt’s mother. Roginsky sends back a letter that says: “I’ve had the misfortune of seeing your mother and would need $750,000 before my artistic sensibilities would allow me to undertake such a harrowing project.” Three hours later, after reflecting upon the sad state of his finances, Roginsky telephones Smunt and says: “I’d be delighted to paint your lovely mother. Destroy my letter without reading it. It was sent by mistake.” Smunt disregards Roginsky’s instructions and reads Roginsky’s letter when it arrives. He becomes enraged at the insult to his mother and refuses to allow Roginsky to do her portrait. Roginsky files a breach of contract suit against Smunt.
Discuss Roginsky’s chances of success. Consider the following topics:
Offer and acceptance
When can an offer be accepted?
When can an offer be revoked?
The mailbox rule
Traditional acceptance under the rule and a more modern view under the UCC and the Restatement.
Case Study 2
Wombat entered into an oral employment contract with Tony’s Toy Company. Tony’s has orally agreed to hire Wombat for three years as a district manager. Wombat quit his job, sold his house, and moved his wife and five children to another state in order to start the new job. One month later, Tony’s informed Wombat that things weren’t working out and that his job was terminated.
Is this contract enforceable under the Statute of Frauds? Remember to carefully read the Statute of Frauds as it specifically relates to oral contracts.
Is it enforceable under any other theory under which Wombat may recover damages from Tony’s Toy Company?
Are there ethical considerations that apply to this case?
2. Thomas Hobbes & John Stuart Mill
The social state is at once so natural, so necessary, and so habitual to man, that, except in some unusual circumstances or by an effort of voluntary abstraction, he never conceives himself otherwise than as a member of a body; and this association is riveted more and more, as mankind are further removed from the state of savage independence. (J.S. Mill, Utilitarianism, ch. III, p. 32) Would Thomas Hobbes agree with these claims made by John Stuart Mill? Is the social state natural and necessary, according to Hobbes? And does our conception of ourselves as being members of a group become habitual in us – ?riveted more and more? – in Hobbes’ way of seeing things? Or can these rivets, such as they are, be broken? Use short quotations from Hobbes’ text to support your explanation of how he thinks of human societies. Finally, give your opinion about the extent to which Mill’s utilitarian theory depends on this claim about the naturalness of being conscious of our association with others. Does utilitarianism fall apart if this consciousness is not present in our minds?
3.Property Valuation Report
leases an industrial property off Tufnell Road, Banyo. Details of the lease and the property are provided. The lease is over two adjoining community title properties each of which is self-contained having a separate office, kitchen and toilet facilities. You are to value the property on the basis that the current tenant occupies both buildings as a single holding.
Prepare a comprehensive report of a professional standard that is in keeping with the API Professional Practice Standards..