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Task:
Part I a) Must a contract be in writing in order to be enforceable? Answer this Question with 1 word. Further elaboration is not necessary here.
b) What does the Statute of Frauds require? (List) c) Discuss the Case Summary in the box on p. 293 as it relates to the Statute of Frauds. (Paragraph)
Part II a) What is the Parol Evidence Rule? (1 to 3 sentences) b) What are the most common exceptions to the Parol Evidence Rule? (Please include all the exceptions provided in our textbook. 1 sentence per exception) Format list or paragraph-enjoy the freedom.
c) Discuss the Case Summary on p. 301 in the context of The Parol Evidence Rule. (Paragraph) d) Why did the court conclude that there was insufficient evidence of a subsequent oral modification of the earlier agreement? (2 elements) FYI- Why all the precise instructions? A clear understanding of the concepts is required to discuss these cases, and I do not want discussions about the actual concepts.
Despite not having an executed employment agreement, Dr. William Bithoney sold his home in New York and moved to Atlanta in early October in anticipation of his October 15 start work date as an executive at Grady Memorial Hospital. But the night before his anticipated start, he was informed that Grady’s governing body, the Fulton-DeKalb Hospital Authority, did not approve his hiring and would not permit him to commence work. He sued the Authority for breach of an oral contract for severance, claiming that he and Grady’s CEO, Otis Story, had agreed that he would receive “a severance payment of 15 months salary if Grady terminated his employment without cause.” Bithoney had received a draft employment contract from Grady, which included a provision that, in the event Bithoney was terminated without cause, he would receive “full severance payment,” which would be “payable for 15 months from the effective date of said termination.”
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