Week 1 Assignment
Chapter 9: Traditional and E-Commerce Contracts
Chapter 10: Agreement
Chapter 11: Consideration and Equity
Chapter 13: Genuineness of Assent
The following end of Chapter questions are to be written up and the answers in the Dropbox entitled Week 1: Assignment. The ideal answer will identify the applicable issue, propose a solution and state a ...view middle of the document...
2. Chapter 10.7
3. Chapter 11.4
4. Chapter 13.1
* Does Winkel receive the profit-sharing bonus? Did Dr. Vanich act ethically in raising the defense that the contract was not in writing?
* As with the case for Winkel vs. Family Health Care, Winkel and Vranich enter into a modified oral contract which states Winkel will receive a higher salary and profit-sharing bonus after the departure of Dr. Qaas. This kind of contract would be classified as an implied-in-law contract (quasi-contract). Dr. Winkel performed his services and duties to Dr. Vranish for a year even though no contract existed. Therefore, the court would entitle Dr. Winkel the profit-sharing bonus.
Pertaining to the second question, Dr. Vranich protest of the altered oral modification of the previous contract not back by writing would not be considered ethical. Based on our text, Montana law states that a written contract can be altered only in writing or by executed oral agreement. Therefore, the court will side with the plaintiffs’ case and would consider the defendant in breach of contract.
* This question would be about acceptance. Who will win about a case of J.C. Durick Insurance v. Andrus?