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Hi please see the attached .

Hi please see the attached .
1. Four applicants for jobs at Smith and Smith Legal Services received a letter from the company indicating that if they took and successfully completed the Massachusetts Bar Exam, they would be offered employment by the company.  All four applicants studied, registered for, and successfully passed the exam.  When they presented documentation to Smith and Smith indicating their successful completion of the exam, they were told that the positions were no longer available as the company had already hired other lawyers.  Was Smith and Smith required to hire the original four applicants based on the law? 2.  Donavan Painting Company agreed to install siding on Anderson’s home at 431 Main Street.  Due to a mix up, Donavan installed the siding on Murray’s home at 431 Main Terrace instead.  Murray was an accountant and he worked from home in an office above his garage.  He watched Donavan pull up and begin to work on the house.  He stayed in his office and didn’t leave until Donavan finished with the work.  Later he received a bill from Donavan but he refuses to pay.  Is he required to pay? 3.  For many years Gary provided yard services to Mr. Restivo during the spring and summer months.  After the first snowstorm in October 2020, Mr. Restivo notified Gary that he no longer wanted to use him for his yard services. In April of 2021, Gary started to provide services again to all of his customers.  On April 10 at 6:45am Gary arrived and worked on Mr. Restivo’s yard. When Mr. Restivo woke up at 9:00am, he found that his lawn had been cut and his bushes were trimmed.  He also found a bill from Gary indicating that he owed him $300.  Mr. Restivo refused to pay.  Is he legally required pay the bill?  
Hi please see the attached .
How to approach Business Law homework questions As you prepare to address homework questions in a business, or other, law courses you should be familiar with the IRAC method.  IRAC is a method for organizing law related essay answers.  It is a tool for organizing your thoughts and writing when you are analyzing a case.  All homework answers should be written in this format.  Though many homework cases will have a question for you to answer, that question is typically not the Issue of the case.  You will only be able to answer that question once you identify the Issue and work through the IRAC method. IRAC stands for:  1.      I = Issue – What is the legal question you are trying to answer. To determine the this question, review the notes posted for the individual module.  The legal concepts in the notes are the basis for the issue in your homework.  Once you review the concepts, review the facts of each homework question to determine which concept applies.  This will help you to identify the legal question for the issue.  The Issue is a single sentence that addresses a legal concept related to the case.    2.      R = Rule of Law – Once you determine which concept applies to each question you need to list the rule of law, including any exceptions, related to that issue.  Here you will provide a definition of the legal theory and concepts, any exceptions to the general rule, and any limitations that apply to the legal question you identified in the Issue.  This information is found in the notes associated with the homework question.    3.      A = Analysis – This is where you examine the facts of the case and compare them to the rule of law, and any exceptions, you have defined in the Rule of Law.  The Analysis requires that you examine the facts of the case and determine whether they meet the definition outlined in the legal theory (or any exceptions).  Address only the facts that apply to the homework question.  Do not include information, or make assumptions, that does not apply to the information provided.   4.      C = Conclusion – This is where you answer the legal question that has been identified in the issue.        IRAC Method for Homework Questions   The following is a question that relates to what you learned in your notes “Nature of Law”.  Using the facts of this question, we will review the format that you will use to submit all of your homework assignments.  A sample answer using the IRAC Method follows the case.     Sample Homework Question Greg Anderson was arrested for driving with a suspended license.  He was searched, handcuffed, and placed in the back seat of the squad car of the arresting officers.  After handcuffing Anderson, the arresting officers searched his car and found cocaine in the pocket of a jacket lying on the back seat.  At that point Anderson was charged with possession of cocaine as well as the driving with a suspended license. Mr. Anderson’s lawyer challenged the search of the vehicle on the grounds that there was no legal reason for the search.  Therefore, a warrant was needed to search the car.  Therefore, the lawyer argued, the cocaine could not be used as evidence in the case against Mr. Anderson and the charges should be dropped.  Sample Answer using the IRAC Method 5.      I = Issue – The issue in this case is whether the search of Mr. Anderson’s vehicle was a violation of his right to privacy.   6.      R = Rule of Law – The right to privacy protects against unreasonable search and seizure.  A lawful search requires reasonable suspicion of a crime.  Additionally, while a person may be searched when stopped for a traffic violation, the car itself cannot be search unless the driver has the ability to reach the car at the time of the search, and there is reason to believe that there is evidence related to the arrest.    7.      A = Analysis – Mr. Anderson was stopped for driving with a suspended license.  He was handcuffed and placed in the squad car.  At the time of the search, Mr. Anderson had no ability to reach his vehicle.  Since the police knew that Anderson was driving on a suspended license, it is unclear why they found the need to search the car for evidence.  No evidence of drugs was found on Mr. Anderson when he was searched, therefore there was no reason to believe that his car would contain any illegal substances.  Since neither of the requirements needed to search the car were met, the police could not search the car without a search warrant.    8.      C = Conclusion – The search of Mr. Anderson’s car was a violation of his right to privacy and the cocaine cannot be used to charge Mr. Anderson with drug possession. Actual Homework: 1. Four applicants for jobs at Smith and Smith Legal Services received a letter from the company indicating that if they took and successfully completed the Massachusetts Bar Exam, they would be offered employment by the company.  All four applicants studied, registered for, and successfully passed the exam.  When they presented documentation to Smith and Smith indicating their successful completion of the exam, they were told that the positions were no longer available as the company had already hired other lawyers.  Was Smith and Smith required to hire the original four applicants based on the law? 2.  Donavan Painting Company agreed to install siding on Anderson’s home at 431 Main Street.  Due to a mix up, Donavan installed the siding on Murray’s home at 431 Main Terrace instead.  Murray was an accountant and he worked from home in an office above his garage.  He watched Donavan pull up and begin to work on the house.  He stayed in his office and didn’t leave until Donavan finished with the work.  Later he received a bill from Donavan but he refuses to pay.  Is he required to pay? 3.  For many years Gary provided yard services to Mr. Restivo during the spring and summer months.  After the first snowstorm in October 2020, Mr. Restivo notified Gary that he no longer wanted to use him for his yard services. In April of 2021, Gary started to provide services again to all of his customers.  On April 10 at 6:45am Gary arrived and worked on Mr. Restivo’s yard. When Mr. Restivo woke up at 9:00am, he found that his lawn had been cut and his bushes were trimmed.  He also found a bill from Gary indicating that he owed him $300.  Mr. Restivo refused to pay.  Is he legally required pay the bill?
Hi please see the attached .
NATURE AND CLASSES OF CONTRACTS I. What is the Nature of Contracts? A. Definition of a contract: a promise or set of promises for the breach of which the law gives a remedy 1. Typical examples of contracts you may be familiar with: A contract for you r cellphone, registration form for your courses, lease for a car or apartment, mortgage for a home, military contract, etc. B. Elements of a contract – a contract requires the following elements: 1. Offer — An offer can be oral or written as long as it is not required to be written by law. It is the definite expression or an overt action which begins the contract. It is simply what is offered to another for the return of that person’s promise to act. It canno t be ambiguous or unclear. It must be spelled out in terms that are specific and certain, such as the identity and nature of the object which is being offered and under what conditions and/ or terms it is offered. 2. Acceptance — As a general propositio n of law, the acceptance of the offer made by one party by the other party is what creates the contract. This acceptance, as a general rule, cannot be withdrawn, nor can it vary the terms of the offer, or alter it, or modify it. Acceptance must be absolute and unconditional. Any changes made to an offer is a counter -offer which means that the other party has the right to accept or reject your counteroffer. 3. Capacity to contract — The general presumption of the law is that all people have a capacity to contract until proven otherwise. This means that they understand they are entering into a contract and they have a general idea of what they are contracting form. The law identifies two classifications where a party may have a lack of capacit y: 1) a minor under the age of 18 or 2) anyone to lacks mental competence due to alcohol, drugs, age, or illness. 4. Consideration — Consideration for a contract may be money in exchange for a product or service or idea . Consideration is an absolutely necessary element of a contract. The agreement must identify what each party is giving in exchange. Although traditionally consideration is viewed as money in exchange for a pro duct or service, giving up your legal right is also valid consideration. Please note that a contract requires that the parties identify consideration only. A contract is still valid if consideration has not yet been exchanged. 5. Legality – A valid contract requires that the subject of the contract be legal. A con tract is not enforceable if it relates to something that i s considered to be il legal or against public policy. Intent — It is a basic requirement to the formation of any contract, be it oral or written, that there has to be a mutual assent or a “meeting of the minds” of the parties on all proposed terms and essential elements of the contract. Th is intent is determined by th e actions or actual words of the parties. Is it clear to a reasonable person after reviewing the facts that these parties agreed to the terms of the contract. C. Subject matter of contracts – The category of the item you are contracting for determines which aspect of the law applies. 1. Property and services contracts: governed by common law – Majority of our contracts 2. Contracts for sale of goods: governed by common law and the Uniform Commercial Code (UCC) D. Parties to a contract – General definitions 1. Promisor – Person who makes the promise 2. Promisee – Person to whom a promise is made 3. Obligor –Promisor 4. Obligee – Person who can claim the benefit of the obligation 3. Party may be a corporation, an individual, a partnership or government agency 4. Third parties (such as credit card company) may benefit from others ’ contracts II. What are the Classes of Contracts? A valid contract can be broken down into categories that are more specific. It is important to note these categories only apply if you have first determined that there is a valid contract (a contract that requires five elements and intent). A. Formal and informal contracts – For the purposes of our class we will focus on informal contracts, as there are very few instances where formal contracts are necessary. 1. Formal contracts a. Under seal contracts are formal i. Contracts under seal – documents that require a specific form or format. These documents might also require the verification of a notary ii. Contracts of record – a judgement imposed by the court b. “Of record” — recorded contracts are formal and public agency contracts (a deed for a home, registration of a car) c. Negotiable instruments are formal contracts (checks, promissory notes) 2. Informal contracts a. Simple contracts b. All contracts other than formal contracts B. Express and implied contracts 1. Express contracts – A verbal or written contract 2. Implied contracts a. Acts and conduct of the parties form the agreement b. Example: When a patient goes to a doctor’s appointment, his actions indicate he intends to receive treatment in exchange for paying reasonable/fair doctor’s fees. Likewise, by seeing the patient, the doctor’s actions indicate he intends to treat the patient in exchange for payment of the bill. Therefore, it seems that a contract actually existed between the doctor and the patient, even though nobody spoke any words of agreement. C. Valid and voidable contracts and void agreements 1. Valid contracts are binding and enforceable as they contain all of the elements of a contract and intent 2. Voidable contracts are binding until voided by one of the parties. For example, we presume that everyone has capacity to contract unless we learn otherwise. If it is determined that one party lacks capacity, that party may avoid the contract. 3. Void agreements – These agreements cannot be enforced. a. No legal effect b. Subject matter is illegal D. Executed and executory contracts 1. Executed contracts are completely performed. Each party has followed through with their obligations under the contract. Nature and Classes of Contracts: Contracting on the Internet 3 Example: Two parties contract for a used book. Both agree to a price of $50 with the transfer to be completed on Friday. At the agre ed upon time, Party A transfers the $50 to Party B and receives the book in return. Both parties have performed their duties. 2. Executory contracts – only a portion has been performed Example: Two parties contract for a used book. Both agree to a price of $50. Party A transfers the book to Party B on Wednesday. Party B promises to pay Party A on Friday when they get they get paid. Party A has performed their duty but Party B still must complete their p erformance. E. Bilateral and unilateral contracts 1. Bilateral contracts – a promise in exchange for a promise Example: A house painter offers to paint a homeowner’s house for $1,000 and the owner promises to pay $1,000 for the job. There is an exchange of prom ises and a bilateral contract. 2. Unilateral contracts – a promise in exchange for an act Example: I post a reward for the return of my lost dog. The reward poster states I will pay $1,000 to the person who finds and returns my dog, Bailey. This is a unilateral contract offered which can be accepted only by performance of the act (finding Bailey and r eturning her to me). F. Quasi Contractual Liability 1. A quasi contract is not a contract that can be entered into between two parties. A quasi contract may only be imposed by a court even though no contract exists. A quasi contract is imposed to prevent unjust enrichment a. In order for a court to impose a quasi -contract, the follow elements must be present: a. A benefit must be conferred to the defendant b. The defendant has knowledge, or has accepted, the benefit c. It would be unjust not to enforce payment for the benefit received Example: I contract with ABC Paving Company to have my driveway paved for $3.000. The company is going to arrive at 7:00 am after I have left for work. The company arrives but instead of paving my driveway, they pave the driveway of my next door neighbor. My nei ghbor is home, but does nothing to stop ABC from paving their driveway. I arrive home and discover that the work on my driveway has not been completed. When I call ABC they quickly realize that they paved the wrong driveway. They immediately send my ne ighbor a bill for the work who claims that he does not have to pay because he did not contract with the company. Will ABC recover money from the neighbor? Answer: We will look to the elements of a quasi -contract in order to determine the answer: a. Was a benefit conferred? Yes, my neighbor received the benefit of having his driveway paved at a value of $3,000. b. Did the defendant have knowledge, or accept the benefit? Yes, the neighbor was home and witnessed the company doing the work and did nothing to stop them. c. Would it be unjust not to make the neighbor pay ABC? Yes, it would be unfair to give the neighbor the benefit of the $3,000 paving job especially because he could have stopped the company from making the mistake. d. The court will impose quasi -con tractual liability on my neighbor and force him to pay ABC $3,000. Note: If the neighbor was not home at the time ABC paved his driveway, he would not be liable because the second element necessary for a quasi -contract (knowledge/acceptance) would not be in place. 2. Extent of recovery – In the event that quasi -contractual liability is imposed by the court, payment is the reasonable value of the work. The is the theory of quantum meruit – you will receive as much as you deserve. Example: When ABC bills my neighbor for paving his driveway, they are only entitled the $3,000 that I contracted for. They cannot bill my neighbor for a higher amount of money because his driveway was larger.

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