law 350 answer the questions 3- myassignmentgeek.net

law 350 answer the questions 3- myassignmentgeek.net

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May

Short Essay/Answer Questions (12.5 points each)

1. The law firm where you work as a paralegal is representing Perez, Inc. (Perez), a roofing

contractor. In January 2006, Perez hired Wide Thomas as a salesperson. Thomas was assigned a

geographic territory and was responsible for securing contracts for Perez within her territory.

The employment contract provided that Wide was to receive a 26 percent commission on the

net profits from roofing contracts she obtained. The contract contained the following provision:

“To qualify for payment of the commission, the salesperson must sell and supervise the job; the

job must be completed and paid for; and the salesperson must have been in the continuous

employment of Perez, Inc., during the aforementioned period.” In July 2007, Thomas obtained a

$129,603 contract with the Board of Education of Cook County for Perez to make repairs to the

roof of the Lynn School in Evanston, Illinois. During the course of the work, Thomas visited the

site more than 60 times. In January 2008, before the work was completed, Perez fired Thomas.

Later, Perez refused to pay Thomas the commission when the project was completed and paid

for. Thomas sued Perez to recover the commission. Is there anything in this contract that

would bring about the excuse of a condition? Who do you think would win in this dispute?

2. Marc Halpern hired O.S. Otto, an attorney, to draft his will. The will named Benjamin Berkowitz

and others (Berkowitz) as beneficiaries. When Halpern died, it was discovered that the will was

improperly drafted, violated state law, and was therefore ineffective. Halpern’s estate was

transferred pursuant to the state’s intestate laws. Berkowitz did not receive the $75,000 he

would have otherwise received had the will been valid. Berkowitz sued Otto for breach of the

Halpern-Otto contract to recover what he would have received under the will. Who wins? Why?

3. Shumann Investments, Inc. (Shumann), hired Pace Construction Corporation (Pace), a general

contractor, to build “Outlet World of Pasco County.” In turn, Pace hired OBS Company, Inc.

(OBS), a subcontractor, to perform the framing, drywall, insulation, and stucco work on the

project. The contract between Pace and OBS stipulated: “Final payment shall not become due

unless and until the following conditions precedent to final payment have been satisfied… (c)

receipt of final payment for subcontractor’s work by contractor from owner.” When Shumann

refused to pay Pace, Pace refused to pay OBS. OBS sued Pace to recover payment. Who wins?

Why?

4. Abdulaziz Almudaymigh, who owned several small warehouses, contracted with Tihirah Levy,

Inc. (Levy), to construct a road to the warehouses. The contract price was $42,324. AfterLevy

completed the work, some cracks appeared in the road, causing improper drainage. In addition,

“birdbaths” that accumulated water appeared in the road. When Almudaymigh refused to payLevy sued to recover the full contract price. Almudaymigh filed a cross-complaint to recover the

cost of repairing the road. Who wins? Why?

5. The Darren Allen Telephone Company entered into a contract with Microform Data Systems,

Inc. (Microform), for Microform to provide a computerized assistance system that would handle

15,000 calls per hour with a one-second response time and with a “nonstop” feature to allow

automatic recovery from any component failure. The contract called for installation of the host

computer no later than mid-February of 2015. Microform was not able to meet the initial

installation date, and at that time, it was determined that Microform was at least nine months

away from providing a system that met contract specifications. The Darren Allen Telephone

Company canceled the contract and sued Microform for damages. Did Microform materially

breach the contract to allow recovery of damages?

6. Raquel Welch was a movie actress who appeared in about 30 films over a 15-year period. She

was considered a sex symbol, and her only serious dramatic role was as a roller derby queen

in Kansas City Bomber. During that time period, Michael Phillips and David Ward developed a

film package based on the John Steinbeck novella Cannery Row. Metro-Goldwyn-Mayer Film

Company (MGM) accepted to produce the project and entered into a contract with Welch to

play the leading female character, a prostitute named Suzy. At 40 years old, Welch relished the

chance to direct her career toward more serious roles. Welch was to receive $250,000 from

MGM, with payment divided into weekly increments during filming. Filming began, but three

weeks later MGM fired Welch and replaced her with another actress, Debra Winger. Welch sued

MGM to recover the balance of the $194,444 that remained unpaid under the contract. Who

won? Why? Be specific and cite to the court’s reasoning in the “real case.” Welch v. Metro-

Goldwyn-Mayer Film Co., 254 Cal. Rptr. 645. Opinion attached in Canvas.

7. Anita Baker, a then-unknown singer, signed a multiyear recording contract with Beverly Glen

Music, Inc. (Beverly Glen). Baker recorded for Beverly Glen a record album that was moderately

successful. After having some difficulties with Beverly Glen, Baker was offered a considerably

more lucrative contract by Warner Communications, Inc. (Warner). Baker accepted the Warner

offer and informed Beverly Glen that she would not complete their contract because she had

entered into an agreement with Warner. Beverly Glen sued Baker and Warner, and it sought an

injunction to prevent Baker from performing as a singer for Warner. Is an injunction an

appropriate remedy in this case? Why?

8. Walgreen Company began operating a pharmacy in the Southgate Mall in Milwaukee when the

mall opened. It had a lease for a 30-year term that contained an exclusivity clause in which the

landlord, Sara Creek Property Company (Sara Creek), promised not to lease space in the mall to

anyone else who wanted to operate a pharmacy or a store containing a pharmacy. With 11

years left on the Walgreen-Sara Creek lease, after its anchor tenant went broke, Sara Creek

informed Walgreen that it intended to lease the anchor tenant space to Phar-Mor Corporation.

Phar-Mor, a “deep discount” chain, would occupy 100,000 square feet, of which 12,000 square

feet would be occupied by a pharmacy the same size as Walgreen’s. the entrances to the two

stores would be within a few hundred feet of each other. Walgreen sued Sara Creek for breach

of contract and sought a permanent injunction against Sara Creek’s leasing the anchor premises

to Phar-Mor. Do the facts of this case justify the issuance of a permanent injunction? Did Sara

Creek act ethically in not living up to the contract with Walgreen

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