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Mine Essay

541 words - 3 pages

Facts: 
* Youngblood signed a contract whether he reviewed it or not it is a legally binding contract.
* Schwimmer may have thought they had an express contract prior to signing the paper contract due to the fact that he and Youngblood did verbally speak on the phone and in person about the job and offer in which Youngblood did accept.
* The job acceptance too place over the phone verbally, later the contract was signed. 
* Youngblood is violating the contract by working for TDI Services (which is a direct competitor of Southwest).

Issues:
* Youngblood did not specifically ask to see a copy of the contract nor was a copy was not offered to him. This was a mistake on Youngbloods part, it could also be an honest mistake on Schwimmers part or it could have been done deliberately.
...view middle of the document...

238). In other words, Mr. Youngblood has the option to accept the job and has the right to refuse the job. Furthermore, the actual job offer began when Schwimmer Industries, Mr. Schwimmer and Mr. Youngblood met in person for an interview. The acceptance of the job took place on June 26, 1999 when Mr. Youngblood signed his employment agreement. The signature of Mr. Youngblood makes this agreement a legal bilateral contract.
The gray area at hand is the definiteness of the contract. Earlier stated neither party can remember if the non-competition part of the contract was explained, mentioned, and/or comprehended. Definite according to Twomey and Jennings “an offer, and the resulting contract, must be definite and certain. If an offer is indefinite or vague or if an essential provision is lacking, no contract arises from an attempt to accept it” (p. 250). In this case, is very vague and unclear by both parties concerning the issues of the non-competition agreement. Furthermore, this would make the non-competition agreement between Mr. Youngblood and Schwimmer Industries null and void. Also, there is lack of information on when and where Mr. Youngblood worked for TDI. The agreement signed stated that the non-competition agreement prevented Mr. Youngblood from working for a competitor of Schwimmer Industries for 1year within a 100 mile radius. Neither the start date of TDI or location was given in this scenario. A brief mention was given that Mr. Youngblood signed a compete agreement when leaving Moller Financial Corporation, but it did not state if he was competent of the material he was signing. In conclusion, the initial contract of the non-compete agreement became null and void and due to the lack of information on cannot determine if Mr. Youngblood was in violation of the terms in the first place.

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