Smith and Roberson’s Business Law
17th Edition
ISBN: 9781337094757
Author: Richard A. Mann, Barry S. Roberts
Publisher: Cengage Learning
expand_more
expand_more
format_list_bulleted
Question
Chapter 16, Problem 19CP
Summary Introduction
Case summary:
BC who had been signed to play basketball for the PH7 team, agreed to a three-year deal with another team, CC. The CC contract enabled BC to enjoin other teams from competing for the contract, as well as a provision that prevented BC from being assigned to another team without CC’s consent. MC company later took over control of CC. BC turned down the opportunity to represent CC.
To discuss: Whether the contract is assignable or not.
Expert Solution & Answer
Want to see the full answer?
Check out a sample textbook solutionStudents have asked these similar questions
On May 1, Ramona and Santo orally agree that Santo will guide a party from the base of Mount McKinley to its summit and from the summit to a return to the base. Under the agreement, Ramona will pay for the service after the completion of the climb on June 1. On May 1, is this contract express or implied? On May 31, after the climb has been made but before payment is paid, is the contract executed or executory?
Dr. Pooneh Hendi Glascock, a female physician of Iranian origin, entered an “Independent Contractor Physician Service Agreement” with Linn County Emergency Medicine (LCEM) in May 2007 to work as an emergency room physician at Mercy Medical Center in Iowa. The Agreement was for one year and could be renewed for an additional year unless terminated by either party with 90 days notice. LCEM provided professional liability insurance for Glascock, but no benefits or vacation pay. The agreement guaranteed Glascock 15 shifts per month at an hourly rate of $130.
Glascock submitted her monthly availability and scheduling preferences to LCEM, and LCEM assigned shifts. She also remained free to engage in other professional activities. Glascock filed her own self-employment tax returns. The Agreement gave LCEM no control or direction over the method or manner by which Glascock performed her professional services and duties. As the attending physician at Mercy Medical Center, she selected a…
A contract of employment is defined as an agreement between 2 or more legal persons, in terms of
which one of the parties (the employee) undertakes to place his/her personal services at the
disposal of the other party (the employer) for an agreed period in return for a fixed or ascertainable
wage, and which entitles the employer to define the employee’s duties and to supervise the manner
in which the employee discharges them.
Jack Smith works for an organization that requires him to be a member of a
trade union.
Discuss the legality of this, referring specifically to the provision that applies,
and how it is implemented.
Chapter 16 Solutions
Smith and Roberson’s Business Law
Knowledge Booster
Similar questions
Green was the owner of a large department store. On Wednesday, January 26, he talked to Smith and said, “I will hire you as sales manager in my store for one year at a salary of $48,000; you are to begin work next Monday.” Smith accepted and started work on Monday, January 31. At the end of three months, Green discharged Smith. On May 15, Smith brings an action against Green to recover the unpaid portion of the $28,000 salary. Is Smith’s employment contract enforceable? Explain.
arrow_forward
State whether the following agreements or contracts are void, voidable valid, and provide a reason for your answer.
1 ) Taylor, aged 17, gets married, and divorces two months later. After getting divorced, she enters into a contract with Michael for the sale of his house. (
2 ) Jessica, aged 5, enters into a contract with John, aged 11, for the sale of his bicycle.
3 ) Nomsa, aged 16, runs a successful boutique with the consent of her parents, and enters into a contract relating to her business.
4 ) Amy, who is 17, has inherited an apartment in Cape Town from her deceased father. The apartment is valued at R2 million. With her mother’s assistance, Amy enters into an agreement to sell the apartment to her aunt.
5 ) Justin, who is mentally ill, concludes a contract for the sale of his laptop without his curator knowing. (2)
arrow_forward
Mohsin acquired a piece of agricultural land in Moro, Sindh from a local landlord, Qasim Soomro, on a lease term of twenty years. The revenue payable by Qasim Soomro on his land to the Provincial Government was in arrears. As a result, the land was advertised for sale by the Provincial Government. Mohsin, in order to prevent the sale of land, paid the sum due by Qasim Soomro to the Provincial Government.
Under the provisions of Contract Act, 1872 explain whether Mohsin can recover such amount from Qasim Soomro.
arrow_forward
X, of age, entered into a contract with Y, a minor. X knew and the contract specifically stated the age of Y. May X successfully demand annulment of the contract? Reasons.
arrow_forward
“A” and “B” entered into a verbal contract whereby “A” agreed to sell to “B” his only parcel of land for P20,000 and B agreed to buy at the aforementioned price. “B” went to the bank, withdrew the necessary amount, and returned to “A” for the consummation of the contract. “A,” however, had changed his mind and refused to go through with the sale. Is the agreement valid? Will an action by “B” against “A” for specific performance prosper? Reason.
arrow_forward
William Schmalz entered into an employment contract with Hardy Salt Company. The contract granted Schmalz six months’ severance pay for involuntary termination but none for voluntary separation or termination for cause. Schmalz was asked to resign from his employment. He was informed that if he did not resign, he would be fired for alleged misconduct. When Schmalz turned in his letter of resignation, he signed a release prohibiting him from suing his former employer as a consequence of his employment. Schmalz consulted an attorney before signing the release and upon signing it received $4,583 (one month’s salary) in consideration. Schmalz now sues his former employer for the severance pay, claiming that he signed the release under duress. Is Schmalz correct in his assertion?
arrow_forward
In the Contract of employment between A and B, the latter agreed that for a period of five (5) years after the termination of his employment, he shall neither engage or interest himself in any business enterprise similar to or in competition with those operated by A, nor enter into the employment of any enterprise in the Philippines, except after obtaining the written permission of A. Is the agreement valid? Reasons.
arrow_forward
Dennis and Donna Smith owned a 10-acre tract of land that they decided to sell. The couple entered into a listing agreement with Kelly McLaughlin, a licensed real estate broker. The agreement gave Kelly the exclusive right to sell the property for a period of 6 months. The Smiths agreed to pay Kelly a 6% commission of the selling price if a buyer was found during the listing period. Four months later, the Smiths sent Kelly a letter terminating the listing agreement. Kelly did not approve of the conditions. One month later, Kelly presented a full price offer to the Smiths; however, they ignored the offer and sold the property to another buyer. Kelly sued the Smiths for breach of the agency agreement.
Which party wins the lawsuit?
Did the Smiths act ethically in this case?
arrow_forward
Matthew and Joe were roommates. When they were renting their apartment, each agreed to pay half of the cost of the rent and the cable and electric bills. Two months after moving in, Matthew borrowed Joe's car and was involved in an accident. Matthew promised to pay $2,200 in damages if Joe promised not to file a claim with his insurance company. Joe agreed. However, Matthew never paid him for the damages. He claimed that the agreement was not enforceable because there was no consideration. What is the outcome?
Rubric
arrow_forward
Sheila owned an old roadside building that she believed could be easily converted into an antique shop. She talked to her friend Barbara, an antique fancier, and they executed the following written agreement: a. Sheila would supply the building, all utilities, and $100,000 capital for purchasing antiques. b. Barbara would supply $30,000 for purchasing antiques, Sheila would repay her when the business terminated. c. Barbara would manage the shop, make all purchases, and receive a salary of $500 per week plus 5 percent of the gross receipts. d. Fifty percent of the net profits would go into the purchase of new stock. The balance of the net profits would go to Sheila. e. The business would operate under the name “Roadside Antiques.” Business went poorly, and after one year, a debt of $40,000 is owed to Old Fashioned, Inc., the principal supplier of antiques purchased by Barbara in the name of Roadside Antiques. Old Fashioned sues Roadside Antiques, and Sheila and Barbara as partners.…
arrow_forward
A contract of employment is defined as an agreement between 2 or more legal persons, in terms of
which one of the parties (the employee) undertakes to place his/her personal services at the
disposal of the other party (the employer) for an agreed period in return for a fixed or ascertainable
wage, and which entitles the employer to define the employee’s duties and to supervise the manner
in which the employee discharges them.
The employment relationship is subject to several legal and statutory
regulations.
Discuss the legal and statutory regulations that will impact an employee’s
conditions of employment.
arrow_forward
The statute of limitations in Texas is
a.four years for a written contract.
b.four years for an oral contract for a 6-month lease.
c.four years for all contracts for the sale or lease of real property in Texas.
d.six years for a written contract.
arrow_forward
arrow_back_ios
SEE MORE QUESTIONS
arrow_forward_ios
Recommended textbooks for you
Understanding Business
Management
ISBN:9781259929434
Author:William Nickels
Publisher:McGraw-Hill Education
Management (14th Edition)
Management
ISBN:9780134527604
Author:Stephen P. Robbins, Mary A. Coulter
Publisher:PEARSON
Spreadsheet Modeling & Decision Analysis: A Pract...
Management
ISBN:9781305947412
Author:Cliff Ragsdale
Publisher:Cengage Learning
Management Information Systems: Managing The Digi...
Management
ISBN:9780135191798
Author:Kenneth C. Laudon, Jane P. Laudon
Publisher:PEARSON
Business Essentials (12th Edition) (What's New in...
Management
ISBN:9780134728391
Author:Ronald J. Ebert, Ricky W. Griffin
Publisher:PEARSON
Fundamentals of Management (10th Edition)
Management
ISBN:9780134237473
Author:Stephen P. Robbins, Mary A. Coulter, David A. De Cenzo
Publisher:PEARSON
Understanding Business
Management
ISBN:9781259929434
Author:William Nickels
Publisher:McGraw-Hill Education
Management (14th Edition)
Management
ISBN:9780134527604
Author:Stephen P. Robbins, Mary A. Coulter
Publisher:PEARSON
Spreadsheet Modeling & Decision Analysis: A Pract...
Management
ISBN:9781305947412
Author:Cliff Ragsdale
Publisher:Cengage Learning
Management Information Systems: Managing The Digi...
Management
ISBN:9780135191798
Author:Kenneth C. Laudon, Jane P. Laudon
Publisher:PEARSON
Business Essentials (12th Edition) (What's New in...
Management
ISBN:9780134728391
Author:Ronald J. Ebert, Ricky W. Griffin
Publisher:PEARSON
Fundamentals of Management (10th Edition)
Management
ISBN:9780134237473
Author:Stephen P. Robbins, Mary A. Coulter, David A. De Cenzo
Publisher:PEARSON