I’m working on a Business Law multi-part question and need an explanation to help me study.

 

Force Majeure clauses are found in many contracts. Here’s a link explaining how they work along with some contract drafting strategies:

Link (Links to an external site.)

These force majeure clauses have recently become especially relevant. Here’s a coronavirus-related case:

Link (Links to an external site.)

Let’s assume this is the clause used in the Metropolitan Opera contract:
Force Majeure (Links to an external site.). Neither party shall be liable for any costs or damages due to delay or nonperformance under this services contract arising out of any cause or event beyond such party’s control, including, without limitation, cessation of services hereunder or any damages resulting therefrom to the other party as a result of work stoppage, power or other mechanical failure, computer virus, natural disaster, governmental action, or communication disruption.

Use this clause to answer these questions:

1) Which language in the above force majeure clause can the Metropolitan Opera use to make the case that it does not have to preform? Explain.

2) Now argue the other side. What argument can the performers make that the coronavirus disruption does not apply here?

3) In the end, who do you believe determines whether or not this clause applies?

4) Should these clauses be allowed in any contracts for personal services for those in performing arts? How about accountants or other professionals? Should the hiring party accept the risk of disruption or should the risk fall on the party providing services?

OK so you know you can’t use the polygraph, but the EPPA does not prohibit other kinds of honesty tests. And there are tons of them. But are they any good?

Find a free online honesty or integrity or ethics or personality test that has at least 8 questions and take the test. Don’t use one that makes you pay for the results.

Post a description of the test by answering these questions: (Please write in 1st point of view)

1. what test did you take?
2. do you think the test results represent you accurately? You don’t have to tell us the results if you don’t want to, but tell us how closely the test reflects who you are.
3. would you rely on this test to determine a job applicant’s honesty or ethics? why or why not?
4. what would be a better way to find out if an job applicant is honest and ethical?

In a dispute between Cloud Computing Corporation and Digital Enterprises, Inc., the court applies the doctrine of stare decisis.

First, read the following brief case hypothetical:

Home Improvements, Inc. and Molly entered into a contract pursuant to which Home Improvements was to renovate the kitchen in Molly’s apartment for a total price of $10,000, payment due May 15. After Home Improvements finished the job, a good faith dispute arose between the company and Molly over whether all of the services had been properly performed. The company claimed that the full amount was due, but Molly argued that only $5,000 worth of services had been properly performed.
After several months of argument, Molly and Home Improvements, Inc., had a conference call and entered into an agreement whereby the company accepted a $7,500 payment in full satisfaction of the original contract. Molly then sent a letter via email and fax to the company stating that the funds had been transferred electronically into the company’s bank account. She included a receipt from the company’s bank confirming that the funds had arrived in a timely manner.
The company subsequently threatened to sue Molly for the remaining $2,500 on the original $10,000 the company claims is due.
Molly comes to you, her attorney, and asks you for legal advice on how to proceed in order to avoid paying the full $10,000. You advise Molly that she should seek to rebut the vendor’s claim by arguing that there was a valid accord and satisfaction and that the original debt has been discharged.
Step two:

Review the textbook’s chapter 12 (consideration) and chapter 13 (discharge) for information on the topic of accord and satisfaction. The concepts and issues discussed are central to this assignment.
Step three:

Review the textbook’s chapter 4 on Courts and Alternative Dispute Resolution. According to the American Bar Association “relatively few lawsuits ever go through the full range of procedures and all the way to trial. Most civil cases are settled by mutual agreement between the parties. A dispute can be settled even before a suit is filed. Once a suit is filed, it can be settled before the trial begins, during the trial, while the jury is deliberating, or even after a verdict is rendered.” See ABA: How Courts Work.

Why not settle the dispute even before the lawsuit starts? What are the benefits of settling before the lawsuit begins? Explain.

A demand letter is the first step in settling a civil case. What is a demand letter and how might a demand letter be effective in reaching a settlement of this dispute before the case goes to court? Explain.

Step four:

Draft an effective demand letter to Home Improvements, Inc. on behalf of your client, Molly. Refer to the Nolo website, which has good instructions on how to write a demand letter. The instructions are free.

Step five:

Answer the following question: If Home Improvements ignores the demand letter and proceeds with the lawsuit against Molly what will be the result? Judgment for whom? Explain using the IRAC method. (Hint: Don’t forget to include a discussion of the concept of unliquidated debt.)
Page limit: Two pages, double spaced, Times New Roman. Grade weight: 10 points.