LAW_2010_WA1
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Thomas Edison State College *
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Law
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Feb 20, 2024
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docx
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Uploaded by MinisterLarkPerson814
Business Law 2010 – Jan. 24
Written Assignment 1
Jim lives in Maryland but works in Virginia. John lives in Virginia but works in Maryland. John believes he has been taken advantage of by Jim in a business dealing. John has paid Jim a down payment to paint his house in Virginia. Jim promised to start as soon as he could. John has waited for 3 months and nothing has happened. John has called Jim and asked him when he will start the job. Jim replied, "I will start as soon as I can." Although this is clearly a contract dispute, a number of other issues are raised by this particular case. John has come to you and asked you for advice. Using the materials that you have read, what are the things John has to consider in this matter with Jim? Be creative.
This case involves a few more legal challenges other than a contract dispute between Jim and John. There are jurisdictional challenges, contractual challenges, as well as challenges with remedies and damages. While this may seem like a simple case from the outside, there are several challenges that may make this case tough.
For the jurisdictional challenges, Jim lives in Maryland while John lives in Virginia. This makes things a little complicated. The state that will hear the case will need to be decided. This becomes a pretty important factor due to some laws varying from state to state. In this case, I would recommend to John that the case should try to be heard in Virginia. While Jim lives in Maryland, he works in Virginia and the work to be done to John’s home is in Virginia.
(Cheeseman, 2013)
1
The contractual challenges come from the agreement to paint John’s home and the down payment paid to Jim. There is no mention of a contract, quote, invoice, or receipt produced, as well as no specific timeframe in which the work would be completed. While an agreement has been made and money exchanged, there is no contract with a start date or end date to be examined by the courts. This may hurt John’s chances of winning the case if it were to go to court. (Cheeseman, 2013)
As for the remedies and damages, without a clear timeframe in a contract the damages would be hard to determine. John may look for remedies in the form of his down payment being reimbursed, any additional costs or losses incurred due to the delay, the job being completed by a
date set by the court, and/or a dollar judgement. If a dollar judgment is given, John may have to use quasi in rem jurisdiction to collect.
(Cheeseman, 2013)
An alternative dispute resolution (ADR) may be the best option in this scenario. Taking Jim to court could end up costing more than it’s worth and taking up valuable time. Without a contract stating a clear start and end date, the case would be hard to win. Utilizing an arbitrator to
mediate, create a contract that can be agreed upon by both parties in order to complete the job. If John is no longer interested in Jim completing the work, the arbitrator could assist in ensuring the down payment is returned.
(Cheeseman, 2013)
Works Cited
2
Cheeseman, H. (2013). Business Law: Legal Environment, Online Commerce, Business Ethics, and International Issues.
Upper Saddle River: Pearson/Prentice Hall.
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