Homework: Case Law Analysis- Contract Law
Overview
Write a 2 pages executive briefing of a selected business-related U.S. case pertaining to the topic of contract law.
By successfully completing this homework, you will demonstrate your proficiency in the following course competencies and homework criteria:
1) Competency 1: Articulate the importance, context, purpose, and relevance of law in a business environment.
• Summarize the facts and ruling of a legal case.
2) Competency 2: Evaluate the role of contracts in commercial transactions.
• Analyze how a legal case could impact businesses.
• Explain how a legal case could impact a specific organization.
3) Competency 5: Develop information literacy skills as applied to business law.
• Exhibit information literacy skills as applied to business law.
• Competency Map
CHECK YOUR PROGRESS Use this online tool to track your performance and progress through your course.
ContextContracts are the heart and soul of commercial transactions. Different types of contracts bind parties together in business dealings. Review contracts that you have signed recently-a lease, an employment agreement, an extended warranty-to examine not only the language but also the scope of these agreements. Examine the language in the contract that outlines how disagreements will be resolved, and the penalties that adhere to either party for breach of the contract.
Read the Homework Context document for important information related to the following topics:
1) Importance of Contracts.
2) Consideration, Capacity, and Legality.
3) Breach of Contract.
4) Creditors, Debtors, and Bankruptcy.
5) The New Frontier: E-Contracts.
Questions to Consider: To deepen your understanding, you are encouraged to consider the questions below and discuss them with a fellow learner, a work associate, an interested friend, or a member of the business community.
1) What is the difference between an agreement and a contract? What is the difference between an offer and a contract?
2) If you sign a purchase agreement to buy a house but do not give the seller a deposit, and, after signing, you change your mind before you move in, are you bound by your agreement?
3) If you offer $500,000 for a person's house and the person responds that he or she wants $500,001, do you have a contract?
4) In a contract for the purchase and sale of a house, can the parties agree that the price for the house will be the market value of comparable houses on the day of closing?
5) Are there situations when someone can be bound to keep their promise even though they received nothing in return for their promise?
6) If the parties sign a purchase and sale agreement for the purchase of a house, and the house is destroyed shortly before the deed to the house is signed by the seller, who bears the risk of loss?
7) In the modern world, with the growing maturity of young people, are rules protecting minors from the enforcement of contracts archaic?
Instructions
For this homework, you will first select an actual business-related U.S. legal case, pertaining to the topic of contract law, based on briefly conducting associated research. Based on that, you will then select an organization that you believe would be impacted by that legal case. Having completed both of these tasks, you should assume you're a senior manager in the organization you selected, and that you were asked to perform an analysis of the legal case and to write an executive briefing for the executive team of that same organization. Your executive briefing should include a summary of the case, as well as an evaluation of how the case impacts the organization.
The purpose of this format is two-fold:
1) To give you the opportunity to research and investigate a real court decision.
2) To challenge you to think about the business implications of the case, and specifically how the case will impact an actual organization.
3) In your case law analysis you must be able to navigate the court's decision, and summarize and evaluate it. You may choose any business-related court case, either state or federal, as the basis for your case law executive briefing, as long as the case is applicable to the homework topic. You are expected to conduct your own independent research to locate and evaluate the applicability of cases. A few appropriate case law websites are recommended for you in the Resources, but you are not limited to using cases from these sites.
For this homework, use credible legal research databases and online resources, research federal and state court cases, and select any business-related case that has been decided by a state court, a federal court, or the United States Supreme Court. Then select an organization (potentially the organization for which you work) that you believe the selected case might impact. Write an executive briefing that addresses the following:
4) Articulate the context and relevance of law in a business environment:
a) Identify the parties who are before the court.
b) Provide a brief background and context associated with the case. Summarize the facts in no more than 2-3 paragraphs.
c) Identify the specific disagreement between the parties.
d) Explain the ruling of the court and its business relevance in no more than 1-2 paragraphs. Was there a dissenting opinion? If so, explain why some of the judges or justices disagreed with the majority in the decision.
5) Evaluate the business impact of the case:
a) Summarize your analysis of how the case will impact businesses in general, including both positive and negative impacts.
b) Indicate the organization you selected as potentially impacted by the case and why you selected that organization.
c) Explain how the case will impact the specific organization you selected, such that the executive team will understand the implications of the legal decision.
Format your homework according to the following formatting requirements:
(1) The answer should be typed, double spaced, using Times New Roman font (size 12), with one-inch margins on all sides.
(2) The response also includes a cover page containing the title of the homework, the student's name, the course title, and the date. The cover page is not included in the required page length.
(3) Also include a reference page. The Citations and references should follow APA format. The reference page is not included in the required page length.
Attachment:- Homework-Context.rar