15 May WHAT LAWS GOVERN CONTRACTS?
Step 5: Case Two: White Arch Casino
A week has passed since you first spoke to the VP, and you now have one case review under your belt. Feeling a bit more confident, you open The White Arch Casino case file, already thinking ahead about the memo you will write for the VP. In the next step, you will gather the information you need to write the memo.
Step 6: Gather and Analyze Information
After reading the file, you realize that in order to formulate a sound response to the VP’s questions, you will need to review a number of specific foundational issues involving legal contracts, including the following:
- What laws govern contracts?
- What are the elements of a legal contract?
- What form can or must a contract take?
- Can a contract be modified?
- What are the methods of discharging a contract?
Find answers to these questions about contract formation and execution and also look into possible contract remedies for when a breach of contract occurs. As you read, be sure to record your thoughts pertaining to the case and note the places in the readings that prompted your thoughts.
After you have refreshed your understanding of contract law generally, you should supplement that understanding by doing legal research on specific laws related to contracts in Nevada and Delaware. Again, make sure to take notes as you read. Good notes will help you write your memo.
In the next step, you will begin to apply what you’ve learned to the specifics of this case.
Step 7: Legal and Ethical Responsibility
You are concerned about the question of Sal Pending’s role in this situation with Enoch Thompson. More specifically, you wonder whether Pending had the authority to make the promise he made (or any promises) to Thompson. Review the legal responsibilities of agents and employees to help formulate your answer. You should also review ethical business decision making, as it pertains to keeping promises in business situations. In the next step, you will use what you have learned to create an outline that will prepare you to write the memo.
Step 8: Focus on Your Rationale and Conclusions: Create Your Outline
You’ve finished your research. You’ve reflected on how the facts and the law come together in this situation. You’ve analyzed the possible arguments and determined which seem most reasonable, all things considered. Now it is time to formulate them, making sure to address all the concerns that your VP expressed to you when you met. Outline the memo that you will draft for your VP. Review your outline to make certain it covers all relevant points and progresses in a logical order.
After you finish your outline, if you have time, give yourself one night of sleep before you begin the next step, in which you will write the memo. Fresh eyes might help you see points that need revision.
Step 9: Communicate Your Findings and Conclusions to the HR VP: Create Your Memo
First, review how to write a memo. Once you have a sense of memos in general, use your outline and research notes to prepare your memo for the VP. Be sure to meet the following requirements:
- Format your memo following the example linked above, including APA-formatted in-text citations and an APA-formatted reference list (do not format the body of the memo using APA style, just the reference list). See references and citations for details.
- Include a specific recommendation on what action, if any, the VP should take based on your analysis and conclusions.
- Support your conclusion with references to legal principles and laws.
- The memo should be 10 pages (double spaced, 12-point font; the reference list does not count towards page limit).
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