Odorizzi PC4 Brief

Odorizzi PC4 Brief - different school if he were to write a letter of resignation which was untrue because once the criminal charges were dropped

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Odorizzi v. Superintendent (PC4 p376) Issue Can Odorizzi rescind his contract with the Superintendent due to undue influence? Can Odorizzi rescind his contract with the Superintendent due to duress? Rule Contract - 1)Offer 2)Acceptance 3)Consideration Undue influence - 1)Relationship of trust and confidence or dominance 2)unfair persuasion Duress - 1)Contract induced by improper threat 2)Threat leaves party no reasonable alternative Rescind - cancel contract Application Odorizzi argues he should be able to rescind his resignation contract because he was the Teach and that was arrested, questioned by policed and had not slept for 40 hours. In this condition his Superintended of the school who has a relationship of dominance over a mere school teacher such as Odorizzi. The Superintended unfairly persuaded Odorizzi because of the ordeal he went through, while his mind was not clear the Superintended convinced Odorizzi can get a job at a
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Unformatted text preview: different school if he were to write a letter of resignation, which was untrue because once the criminal charges were dropped against Odorizzi the school did not want to hire him back. Superintendent argues that relationship of teacher and superintendent ends after school hours, the Superintendent visited Odorizzi at his home as friends trying to help. Superintendent argues the persuasion was not unfair because they explained to Odorizzi that if the situation did not get public it would not jeopardize his chances of employment elsewhere. No promise was made that Odorizzi would be able to resume employment at the school district. Conclusion No Odorizzi may not rescind his contract due to undue influence because all of the elements were not met....
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This note was uploaded on 03/28/2012 for the course BLAW 280 taught by Professor Ng during the Spring '11 term at CSU Northridge.

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