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BUSINESS LAW HW
The following short answer questions are worth five points each. Questions must be answered entirely in order to be eligible for full credit. Responses should be no more than 2-3 paragraphs each and are due by 9:00 PM on Tuesday, October 19th. Good luck!
1. A company seeks to introduce an Alternative Dispute Resolution mechanism for disputes with their employees. Specifically, the mechanism would be used to address discipline and terminations that are imposed on employees. You represent the employer. Describe what kinds of alternative dispute resolution are available, and which, if any, you would seek to implement and why.
2. A building complex is being remodeled based on designs from a reputable architect. The complex and a plumbing company enter into a contract in which the plumbing company agrees to install new pipes throughout the complex, based on the architect’s instructions. The plumbing company installs the pipes and performs additional work (which the architect is aware of) that is outside the scope of the contract. The additional work raises the property value of the complex. The plumbing company is paid for the pipe installation, but not the additional work. The plumbing company sues the complex for payment for the additional work, saying the complex was unjustly enriched. What can the court do? What should the court do?
3. Kevin is taking medication for a serious medical condition. The medication affects his memory. He enters into a contract with Dan, who has no idea Kevin is on medication. After signing the contract, Kevin wants it voided, claiming the medication essentially made him intoxicated. Can Kevin get the contract voided? If so, how?
4. Laurie goes for a jog and sees a poster on a telephone pole offering a reward for returning a lost puppy, Cocoa. Laurie finds Cocoa and returns the puppy to the owner. She asks for the reward, and the owner refuses, saying they don’t have a contract. Laurie angrily leaves and calls her brother, who is an attorney. Her brother says they do have a contract. Does Laurie have a contract? If so, how, and what parts of this fact pattern represent the various elements of that contract?
5. Luis and Maria Antonia go to a baseball game. During batting practice, one of the players hits a foul ball that hits Maria Antonia in the head. This happens because there is no netting at the stadium. If there was, Maria Antonia never would have been injured. Maria Antonia wants to make a tort claim against the team for her injury. What type of tort would this be and why? Please make sure to explain what Maria Antonia would have to prove for her claim to be successful. Also, if you were representing the team, what defense would you recommend against Maria Antonia’s claim and why?