Johnson and Wales University Breach of Contract Discussion

Description

Respond, with a minimum of 450 words, to the questions arising out of the following scenario. Provide sources to support legal assertions.

Samantha Smith was offered a position as director of foodservice for the East Holland Public School District. She received a written offer of employment on the first of the month with the stipulation that the offer would be in effect until the 15th of the month. If Ms. Smith were to accept, she was required to sign the employment contract enclosed with the offer and return it to the offices of the public school district before the 15th.

Excited about the offer from the East Holland Public School District, Ms. Smith turned down another job offer with a food distributor at an annual salary of $75,000.00. Ms. Smith then read through the terms of the agreement with the East Holland School District. After reading the terms of the contract, Ms. Smith decided the offered salary of $90,000.00 was too low. Accordingly, she adjusted the salary upward in the contract by $5000 and initialed and dated the change on the contract. Ms. Smith then signed the agreement and mailed the executed document, along with a letter indicating that she was pleased to accept the offer, to the East Holland Public School Districts Administrative Offices.

The School District received the correspondence and the signed contract on the 10th of the month. On the 13^th of the month, the Superintendent for the District called Ms. Smith to express his sadness that she did not take the job, at which time Ms. Smith, realizing the salary change was too high, verbally accepted the job at the original salary offered. The Superintendent advised Ms. Smith, however, that the District had already offered the position to someone else. Ms. Smith filed a suit for breach of contract against the School District.

Will Ms. Smith prevail in her breach of contract action? Why or why not? Explain the potential damages that might be available if Ms. Smith were to succeed.

MLA 9, Works cited!

Government Regulation and the Legal Environment of Business
- Chapter 8
- https://resources.saylor.org/wwwresources/archived…– Government text

This section of the text will introduce students to basic contract concepts, predominantly the elements necessary for formation and remedies for breach.

Business Law and the Legal Environment
- Chapter 15

Focusing specifically on contract performance, this reading will walk students through the levels of performance necessary to satisfy obligations under a contract.

https://saylordotorg.github.io/text_business-law-a…– This is the link!

Washington State Hospitality Law Manual
- Part I, Chapter 2

This material addresses the application of contract law principles to the hotel-guest relationship in addition to banquet and catering agreements.

http://4dh6l02tbsyd40y7si3uhelp-wpengine.netdna-ss…– This is the link!

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