Unit 5, Assignment 1
Charter Golf, Inc. manufactures and sells golf apparel and supplies. Ken worked as a Charter sales representative for 6 months when he was offered a position with a competing firm. Charter’s president, Jerry, offered Ken a 10% commission “for the rest of his life” if Ken would turn down the offer and stay on with Charter. He also promised that Ken would not be fired unless he was dishonest. Ken turned down the competitor’s offer and stayed with Charter. Three years later, Charter fired Ken for no reason. Ken sued, alleging breach of contract. Answer the following questions:
Does Ken’s employment contract fall within the Statute of Frauds? Why or why not?
Suppose that Jerry had taken out a pencil and written “10% for life” on the back of a receipt, and handed it to Ken. Would that satisfy the Statute of Frauds? Why or why not?
BE SURE TO:
**Discuss the various types of contracts that must be in writing.
**Identify what must be in writing in a contract in order to satisfy the requirements of the Statute of Frauds.
Unit 5, Assignment 2
Millie contracted to sell Frank 10,000 bushels of corn from her farm. Due to a drought during the growing season, Millie’s yield was much less than anticipated, and she could deliver only 250 bushels to Frank.
Frank accepted the lesser amount but sued Millie for breach of contract. Can Millie defend successfully on the basis of outcome impossibility of performance? Explain.
In your analysis be sure to:
**Discuss the elements of impossibility of performance and the three situations where this defense can be used.
**Discuss commercial impracticability and its application to this case.
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