Chapter10

Chapter10 - CHAPTER 10 NATURE AND TERMINOLOGY ANSWERS TO...

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77 C HAPTER 10 N ATURE AND T ERMINOLOGY A NSWERS TO Q UESTIONS AT THE E NDS OF THE C ASES CASE 10.1 (PAGE 220) WHAT IF THE FACTS WERE DIFFERENT? Suppose that the October 15 letter had used the phrase ―potential offer of em ployment‖ instead of using the word ―conditional.‖ Would the court in this case still have considered the letter to be a unilateral contract? Why or why not? This might have been acceptable, depending on each par- ty‟s interpretation of the word “potential,” but it might have required splittin g hairs be- cause of the words “offer of employment.” The city would have done better to phrase its Oc- tober 15 letter in the same terms as its other letters to the applicants to avoid the letter be- ing considered a contract. Specifically, the city should not have used the phrase “conditional offer of em ployment.” THE LEGAL ENVIRONMENT DIMENSION Why did the court order the city to stop the 61st Police Academy unless the plaintiffs were included? The court reasoned that the letter to the rejected ap- plicants was a unilateral offer that the plaintiffs had accepted by passing the required med- ical and psychological examinations. The letter expressly stated that it was a “conditional offer of employment” and “the message that it conveyed was that the recipient would be admitted into the 61st Academy if he or she successfully completed the medical and psycho- logical examinations, requirements that the City could not lawfully impose unless it was making a conditional offer of employment.” Furthermore, “ [t]he plaintiffs accepted the City‟s offer of admission into the Academy by satisfying the specified conditions. Each of the plaintiffs submitted to and passed lengthy and intrusive medical and psychological exami- nations. In addition, many of the plaintiffs, in reliance on the City‟s o ffer, jeopardized their standing with their existing employers by notifying the employers of their anticipated de- parture, and some plaintiffs passed up opportunities for other em ployment.” CASE 10.2 (PAGE 222) THE ETHICAL DIMENSION
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78 UNIT THREE: CONTRACTS AND E-CONTRACTS Should a c ourt accept without proof a party‘s assertion that something was or was not done ―by mistake‖? Explain. No, in part because the temptation might be irresistible to make this contention in almost any case. Thus, even if it were legal, as it would be if a court were to accept it, it could be unethical, encouraged by avarice or self-interest, or caused by carelessness. THE E-COMMERCE DIMENSION Would the outcome of this case have been different if the parties had communicated via an e-mail system that limited the size of the docu- ments that they could send to each other? Why or why not? This might have supported Fox‟s arg u ment that the “Excluded Sections” were omitted from the parties‟ co n- tract by “mistake.” The outcome likely would not have been different, howe ver, because the court based its decision not solely on a lack of proof as to how the “mistake” occurred. More
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This note was uploaded on 06/09/2010 for the course BIOL 1001 taught by Professor Minor during the Spring '08 term at LSU.

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Chapter10 - CHAPTER 10 NATURE AND TERMINOLOGY ANSWERS TO...

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