Assignment One Chapter 16: The Writing Requirement Instructions: Read the case W

Assignment One
Chapter 16: The Writing Requirement
Instructions:
Read the case Wood Care Centers v. Evangel Temple
Watch the youtube video on parol evidence in contracts
Explain in your own words the following statements from the case:Wood Care argues the trial court improperly considered parol evidence in its interpretation of the Agreement and that the evidence is legally and factually insufficient to support the trial court’s conclusion that Evangel Temple did not breach the Agreement. We affirm. (Note, you must give a definition of parol evidence in your explanation.)
The Agreement contained a “ten-percent termination clause” that stated: Tenant, however, shall have the option of terminating this lease at any time by giving Landlord written notice of its election to do so and payment to Landlord of a sum of money equal to 10% of the balance of the rental payments then owed under the terms of this lease. The Agreement also contained a “tax-exemption termination clause” that stated: Both parties agree to cooperate with each other to achieve any available property tax exemption. In the event a property tax exemption for the leased premises is denied or suspended, Tenant shall have the option to terminate this lease. If, notwithstanding, the denial of such property tax exemption, Tenant elects to continue the lease, then Tenant shall be responsible for the payment of all property taxes and assessments and shall timely pay such taxes or assessments.
Lack of clarity or a disagreement among the parties does not necessarily create an ambiguity. Rather, whether “a contract is ambiguous is a question of law that must be decided by examining the contract as a whole in light of the circumstances present when the contract was entered.” “If, after the pertinent rules of construction are applied, the contract can be given a definite or certain legal meaning, it is unambiguous and we construe it as a matter of law.”
Who won and why.
Assignment TwoInstructions
For this assignment, please read the brief summary of facts and respond to the following questions:Facts:
Gracie orally agreed to loan Isaac $150,000 to make an investment in a local nightclub. The loan was to be repaid from the profits received from the investment. Their agreement was never memorialized in writing, however, Isaac made payments totaling only $15,000 on the loan from the profits from the business. Gracie filed a lawsuit alleging breach of contract.Questions:
Using the information presented in Chapter 16, answer the following questions:Isaac claimed that repayment of the loan would “almost certainly” take over a year and that his agreement with Gracie was therefore unenforceable because it was not in writing. Is he correct? Explain.
Suppose that a week after Gracie gave Isaac the funds, she sent him an e-mail containing the terms of their loan agreement with her name typed at the bottom. Isaac did not respond to the e-mail. Is this sufficient as a writing under the Statute of Frauds? Why or why not?
Assume that at trial the court finds that the contract falls within the Statute of Frauds. Further, assume that the State in which the court sits recognizes every exception to the Statute of Frauds discussed in the chapter. What exception provides Gracie with the best chance of enforcing the oral contract in this situation? (State the exception and how it applies.
Assignment Three
Chapter 9 – Business Writing in Action – (Text, Email, Resume)
Now that you have read the chapter and viewed chapter PowerPoint slides:
(2 pts) WRITE ONE OR TWO PARAGRAPHS about the discussion topic, for this week:
Answering the question “What is the role of text messaging in business communication.” or “What role does Netiquette play in modern Business Communication?”, please post specific examples from the reading that you found significant about this topic, as it helps define or contribute to HRM. Support your answers with examples from the textbook, current events, or other forms of media.
(1 pts) AND THEN reply to another class members post to get full credit for this participation, for this module. (please type a response that is thoughtful and not just “That’s great” or “I agree”)
Example Topic: According to Chapter 9, It is often (incorrectly) stated that you can tell how old someone is by how he or she inputs a phone number on a cell phone. If the person uses his or her thumb while holding the digital device, that person may have been raised on video games and be adept at one-handed interfaces. If he holds the digital device with one hand and inputs the number with the other, he may be over thirty, or may be less comfortable with some technological devices. Of course, there is no actual correlation between input and age, but it is a useful example to use when considering who your audience is when writing a text message.