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Description Read the CASE STUDY #8.1 found in CONTENT. Case: Summey v. Monroe County Department of ...


Description Read the CASE STUDY #8.1 found in CONTENT. Case: Summey v. Monroe County Department of Education 2012 (I tried to upload the actual case but I think it was too large). Answer the questions asked below for Case Study #8.1. Answer the questions based on what you learned in the case study and in the book. Questions TO ANWER 1) As discussed in Chapter 8, issues relating to the interpretation of a contract can be essential to a contract dispute. Do you think Coach Summey's interpretations were reasonable? Why or why not? 2) Discuss what the school district should have done to avoid a lawsuit in this case. 3) Other than interpretation, which concepts from Chapter 8 are relevant to this case? INFORMATION TO NOTE: -Employment contracts should be as explicit as possible, including all terms of employment (reassignment in this case), length of employment, what constitutes a breach of the contract, etc. -If there are significant changes to a renewable contract, the offering agent should - but is not legally bound to do so - discuss the changes with the signee so there is no confusion. -Breach of contracts results in immediate dismissal and possible damages to the signee that suffered the breach, it is the responsibility of both parties to a contract to read and understand the contents of the content and discuss issues before signing the contract, once a contract is signed (by competent individuals who appreciate the context and implications of the contract requirements) it becomes actionable and enforceable, if there are no questions as to the wording and actions required in the contract, a judge will side with the party that is abiding by the wording of the contract.-Employment contracts should be as explicit as possible, including all terms of employment (reassignment in this case), length of employment, what constitutes a breach of the contract, etc. -If there are significant changes to a renewable contract, the offering agent should - but is not legally bound to do so - discuss the changes with the signee so there is no confusion. -Breach of contracts results in immediate dismissal and possible damages to the signee that suffered the breach, it is the responsibility of both parties to a contract to read and understand the contents of the content and discuss issues before signing the contract, once a contract is signed (by competent individuals who appreciate the context and implications of the contract requirements) it becomes actionable and enforceable, if there are no questions as to the wording and actions required in the contract, a judge will side with the party that is abiding by the wording of the contract. Contractual Law Issues Misrepresentation – a false assertion that induces another party to enter a contract Mistake Unilateral mistake – one of the parties to the contract makes a mistake as to some material fact contained in the contract which has an adverse effect on the performance of the contract Mutual mistake – both parties share a misconception about a fact upon which they base the agreement Unconscionablility – the clauses involved are one-sided and result in oppression or unfair risk to one party Interpretation – parties believe they have a meeting of the minds but are operating under different assumptions



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