plg205 Assignment8

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Eastern Gateway Community College *

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PLG205

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Law

Date

Jan 9, 2024

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docx

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Uploaded by ashnicole1990

Dorris1 of 2 Ashley Dorris PLG205- Contracts November 15,2023 Assignment 8.1: Breach of Contract Kari has just graduated from college. She is excited to begin her new job in Texas. She interviewed for this job on campus during career day. She accepted the job over the three other offers she received from the same career day interviews. There was no formal agreement and there is no employee handbook, but Kari still had the letter from her manager telling her what her salary and benefits would be when she showed up for her first day. Moving from Michigan has required a great amount of effort, a lot of money, and her new six-month lease on her apartment in Texas is reasonable. After her very first week of employment, her new manager informed her that she would have to be let go due to cost reductions. Is there a contract? If so, does Kari have a cause of action for breach of contract? Create a document and record answers to the following questions.  What, in your own words, is a material and minor breach of contract?  Based on the scenario in Step 1, did the breach of contract occur? If so, was it material or minor? Provide details and arguments supporting your answer.  If a breach of contract did occur, what do you think fair damages would be?  If a breach of contract did occur, what other remedies would you recommend? 1. What, in your own words, is a material and minor breach of contract? Anything that significantly deviates from the terms of the contract is considered a material breach of contract. It happens when something is delivered that significantly differs from what was initially intended in accordance with the terms of the contract. A major breach of the terms of the agreement is regarded as a material breach of the contract. When one party fulfills the majority of the obligations under a contract, but neglects to fulfill a small provision that has no bearing on the other terms of the agreement, this is referred to as a minor breach of contract. A minor breach of contract does not alter the terms of the contract drastically unlike that of a material breach of contract which does substantially. 2. Based on the scenario in Step 1, did the breach of contract occur? If so, was it material or minor? Provide details and arguments supporting your answer. There was definitely a breach of contract that occurred, and I believe it to be a material breach. Due to the employer's avoidable termination of Kari after just one week, which negates the purpose of an employment contract. Kari's manager sent her a letter outlining her pay and benefits even though there was no formal agreement. What the employer should have done was not to send the letter if there was no agreement. 3. If a breach of contract did occur, what do you think fair damages would be? I think that it would only be fair if Kari was reimbursed for the expenses that accumulated from the travel and from moving to the new apartment in Texas. I also think that if she does not want to stay in Texas due to not working at that place of employment as she originally moved there for, then they should be

Dorris2 of 2 required to pay for the cancelation/revoke of her new apartment’s lease and any fees associated with doing such so that she isn’t stuck there from moving back home. 4. If a breach of contract did occur, what other remedies would you recommend? Well according to upcounsel.com, “Courts have many options in dealing with proven breach of contract violations:  Issuing court orders. The court may give an order compelling the party that breached the contract to fulfill its side of the contract. This is normally the case for minor or partial contract violations.  Awarding damages. The contract may award monetary damages to the aggrieved party. Courts can award general damages, punitive damages, and nominal damages depending on the circumstances of the lawsuit.” The company could attempt to locate Kari a comparable role inside the company or provide her with a severance payout. They really do need to make every effort to aid her in recouping her expenses, given she relocated there thanks to an offer from the company. Citations:  Reed, K, Cheeseman, H.R., Schlageter, J.J. (2013). Contract Law for Paralegals(3rded.)  "Breach of Contract Law: Everything You Need to Know." UpCounsel, n.d., https://www.upcounsel.com/breach-of-contract-law. Accessed 15 November 2023.

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