Discussion 1 Please respond to the following:
Review the article / videos below which set the stage for your discussion response.
Fired Flight Attendants Fight Back Against United Airline (Full Report and Video [1:36])
https://www.nbcnews.com/video/nightly-news/56746585#56746585
https://www.youtube.com/watch?v=HPYz2IzIii0
Imagine you represent a person who claims to have been the victim of a breach of contract. Determine the information that you would need to know to best determine if there was a contract. How would you present a case to a court to show your client was the victim of a breach of contract, and how would you overcome the defenses to the alleged breach? Be sure to use legal terms and concepts from the reading to support your analysis.
Please write at least two paragraphs with at least one reference (APA)
Please reply to my classmate's discussion below with one to two paragraphs with at least one reference
Discussion 1
First, I would need to identify if there was consideration (if each party will benefit from the contract), if it is legal (illegal contracts are void), capacity (both sides are legally able to form a contract), no signs of fraud and if the agreement was made in verbal or writing (if legally required) (Beatty, Samuelson, & Sanchez Abril, 2016). Once these things have been identified I would examine the circumstances and determine if a breach of contract had been committed.
For example, two people agree on the sale of a vehicle over the phone. The buyer (a car dealer) notifies the seller that a contract will be faxed over immediately and the seller says they will be waiting. The buyer sends over a signed contract within the hour that contains a covenant stating they will purchase this rare luxury vehicle for $175,000. The buyer receives the contract, but does not sign it and never contacts the buyer.
In the meantime the seller receives and offer of $200,000 for the vehicle and sells it right away. Two days later the original potential buyer contacts the seller because he is need of the vehicle for a video he is shooting. He is upset that the seller sold the car and sues him for breach of contract.
I would show the court this is a valid case of material breach of contract, because it violates the contract and negates the initial purpose of the agreement (Beatty, Samuelson, & Sanchez Abril, 2016). Once the defense responded saying that it is not valid because he never signed the document, I would remind him that although he did not sign the document the verbal agreement made over the phone sufficed all requirements for a valid contract.
I would also inform him that the Uniform Commercial Code (UCC) holds merchants at a higher standard, which means that he would be held to the oral agreement that was initially made even though he did not sign the document that was faxed to him ( (Beatty, Samuelson, & Sanchez Abril, 2016).
Beatty, J. F., Samuelson, S. S., & Sanchez Abril, P. (2016). Introduction to Business Law, Fifth Edition. Boston, Massachussetts: Cengage Learning.
Discussion 2
Please respond to the following:
• View the clip below, in which one person believes they are partners and the other believes it is an employer / employee relationship. Agents may bind the principal in a number of ways. When you are reviewing the video, consider whether the intentions / understanding of each party make a difference, and then respond to the discussion question below.
Clip - Agency - Richard Gere: You Work For Me (2012) (0:45)
https://www.youtube.com/watch?v=eQoVbYGUGcU
• As a small-business owner, you are faced with rising costs, particularly employment costs, insurance, et cetera. So, you decide to hire some friends and pay them as they work, rather than go through the expense and procedure of bringing in "actual" employees. Your friends wear the business uniform, deal with vendors and customers, and tell friends and family that they work for the business.
One friend / employee orders way too much from a vendor. The vendor has dealt with the person numerous times; in fact, the person has been ordering from the vendor for months.
o Since the person who ordered was not an "employee," but a friend you hired, are you liable to pay for the improper order?
o Discuss the implications of agency that apply in this situation, and describe at least one (1) way the company may be able to cancel or return the order in question.
o Be sure to support your legal analysis with concepts and definitions from the reading
Please write at least two paragraphs with at least one reference (APA)
Please reply to my classmate's discussion below with one to two paragraphs with at least one reference
In this situation I would be considered as the principal and my friends are considered the agents because we came to the mutual agreement that they will be acting on my behalf and under my supervision and authority. This creates a fiduciary relationship, meaning I can trust my friends to put the interest of my business before their own (Beatty, Samuelson, & Sanchez Abril, 2016, p. 316).
Furthermore, my friends are considered my employees because they were hired and are being paid to perform duties for me. So to answer the question, yes I would be held liable for the purchases, because my friend was acting on behalf of my company and performing within the scope of employment.
Meaning they performed the duties they were responsible for during work hours (Beatty, Samuelson, & Sanchez Abril, 2016, p. 324). Additionally, I would be found liable because the improper order placed by my friend is considered a non physical tort because the action will only hurt in the financial area and they were given apparent authority by me to place the order (Beatty, Samuelson, & Sanchez Abril, 2016, p. 326).
One way that I may be able to return the items is if I could prove that some of the orders were placed after business hours from my friend's personal cell phone and not on my business property nor with my business phone.
This would qualify as abandonment, meaning I cannot be held liable for actions my friend performed when they are acting out of the scope of employment and have abanoned the duties of the business (Beatty, Samuelson, & Sanchez Abril, 2016, p. 325)