BLAW201-Assignment2-LMeuninck
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Drexel University *
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201
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Law
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Feb 20, 2024
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Uploaded by ProfessorCaribouMaster900
Please respond to the below questions based on Chapter 2, Section 2-3 (Alternative Dispute Resolution), Chapter 11 (Nature and Classes of Contracts); Chapter 12 (Formation of Contracts: Offer and Acceptance), and our class discussions so far. Use full sentences and be sure to state the principles of contract law that apply to the facts in the questions.
1. To encourage attendance and participation at its sports events, Philly University hires Anton, a local DJ, as its hype man for the 2023-24 school year. Anton signs an employment contract with Philly University and the contract contains an arbitration clause. Anton is a great hype man and drives up attendance at the Philly
University sports games. But halfway through the season, Anton is wooed by Jersey University to become its hype man. Anton leaves Philly University because Jersey University is paying more for the job and he wants to be closer to the beach. Philly University files a claim against Anton for breach of contract. The dispute goes to arbitration based on the arbitration clause in Anton’s arbitration contract. The arbitrator decided that Anton breached the employment contract and owed Philly University $50,000 for lost ticket sales.
A.
Will a court enforce this arbitration award? Why or why not?
The Federal Arbitration Act says that any arbitration clauses placed in contracts that the parties will be bound to arbitration and the transaction is valid, irrevocable, and enforceable. This means that the court can enforce the arbitration award. B.
What if it is later discovered that the arbitrator’s wife works at Philly University? Will this impact the arbitration award? Why or why not?
The fact that the arbitrator’s wife works at Philly University could cause the court to feel as though the arbitrator was biased and made the decision because of his personal bias. 2.
Sonali owned a house next to Sean. Sean made a contract with Philly Painters to paint his house. The painters, however, mistakenly painted Sonali's house. Sonali saw the painters at work and made no comment. Can Philly Painters argue that Sonali is liable for the cost of painting her house? Why or why not?
This would be an example of a quasi-contract because while there is no literal contract in place but because Sonali received a benefit a court may impose an obligation to pay for the reasonable value of the benefit. I feel this situation has all the necessary parts of being
able to justify the claim for unjust enrichment. 3.
Carles can never get his car to start in the morning. While trying to get it started one morning, he shouts to his neighbor, I will sell you this car for $5.00. Is this an offer to enter into a contract? Why or why not?
While the statement is an offer the statement has no sufficient intent. Carles can easily be seen as joking and having no intent to actually sell his car in this moment. The lack of intent does not make this an official offer to enter into a contract. 4.
Bella's Boutique advertised Golden Goose Pearly Glitter Low-Top Sneakers for $515. After seeing the advertisement, Valeria went to Bella's and said to the cashier,
"I would like a pair of Golden Goose Pearly Glitter Low-Top Sneakers in size 7." The cashier said, "Sorry. We do not have size 7. We only have size 5." Was there an offer by Bella's Boutique to sell the sneakers? Why or why not?
Working with advertisements oftentimes makes offers harder to determine the difference between a firm offer and a simple advertisement. In this example, the boutique simply is advertising the sneakers at a certain price. The advertisement is not a direct offer because it is simply saying that the shoes are on sale for a certain price and typically that stands for the inventory the store has and not the shoe in general. Advertising in general is considered to not be an offer.
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