Case Studies: Analysis of Different Scenarios
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Use this sample case study as a model for how to answer the case study scenarios listed below.
Sample Case Study to follow:
Facts: Theodore Rosenblatt filed suit against the law firm that he worked for after they fired him. His suit claimed that he was discharged because he was married to an African American and that he was discriminated against. The firm filed a motion for summary judgment, arguing that he was alleging discrimination against his wife, not himself, and did not have standing to sue under Title VII for racial discrimination.
Issue: Should the court grant or deny the motion?
Decision: The court should grant the motion in favor of the law firm.
Reason: Theodore was not considered part of any protective class, which would rule out the fact that he was fired because of his race. Furthermore, Theodore does not become a part of a protective class because he was married to an African American. If Theodore’s wife was working for the firm, and discharged in relation to her race, she could have the opportunity to sue her firm under Title VII for racial discrimination. If there was any possibility that the court would rule in favor of Theodore, he would have to prove that his discharge was in direct relation to the race of his spouse.
Case Study Scenarios:
1. Facts: Substantial Performance. Complete performance is full performance according to the terms of a contract. Discuss the effect on the parties if there is less than full performance.
Issue: ?
Decision: ?
Reason: ?
Discussion: (This is your analysis. Include major and minor points/opposing points of view or counterpoints)
Conclusion:
2. Facts: Specific Performance: In which of the following situations might a court grant specific performance as a remedy for the breach of the contract?
a. Tarrington contracts to sell her house and lot to Rainier. Then, on finding another buyer willing to pay a higher purchase price, she refuses to deed the property to Rainier.
b. Marita contracts to sing and dance in Horace’s nightclub for one month, beginning June 1. She then refuses to perform.
c. Juan contracts to purchase a rare coin from Edmund, who is breaking up his coin collection. At the last minute. Edmund decides to keep his coin collection intact and refuses to deliver the coin to Juan.
d. Astro Computer Corp. has three shareholders: Coase, who owns 48 percent of the stock; De Valle, who owns 48 percent; and Cary, who owns 4 percent. Cary contracts to sell his 4 percent to De Valle, but later refuses to transfer the shares to him
Issue: ?
Decision: ?
Reason: ?
Discussion: (This is your analysis. Include major and minor points/opposing points of view or counterpoints)
Conclusion:
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Solution Preview
1. Issue: What is substantial performance of a contract? Substantial performance is considered to be reached when (http://www.pmforum.org/library/glossary/PMG_S07.htm):
1. The work or a substantial part of it is ready for use or is being used for the purpose intended.
2. The work to be done under the contract can be completed or correct at a cost of not more than 1% to 3% of the contract price depending on the size of the contract, and
3. Is so certified by a certificate of substantial performance issued by the supervising consultant.
Decision: Where there is incomplete or defective construction, the aggrieved party is entitled to damages. In addition, the aggrieved party is discharged from paying the balance of the contract price (its promise under the contract) unless the builder has substantially performed, but is not discharged from paying the contract price of the building has substantially performed.
Discussion: Jacob & Youngs v. Kent. The plaintiff built a country residence for the defendant at a cost of upwards of $77,000 [Ed. $1,325,000 in 2001 dollars], and now sues to recover a balance of $3,483.46 [$59,935 in 2001 dollars], remaining unpaid. The work of construction ceased in June, 1914, and the defendant then began to occupy the dwelling. There was no complaint of defective performance until March, 1915. One of the specifications for the plumbing work provides that "all wrought iron pipe must be well galvanized, lap welded pipe of the grade known as 'standard pipe' of Reading manufacture." The defendant learned in March, 1915, that some of the pipe, instead of being made in Reading, was the product of other factories. The plaintiff was accordingly directed by the architect to do the work anew. The plumbing was then encased within the walls except in a few places where it had to be exposed. Obedience to the order meant more than the substitution of other pipe. It meant the demolition at great expense of substantial parts of the completed ...
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