question archive ANALYSIS ASSIGNMENTS UNIT 03 – 50 points total (extra credit opportunity available) After completing the assigned reading and any videos for Chapters 9-14, respond to the following questions
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ANALYSIS ASSIGNMENTS UNIT 03 – 50 points total (extra credit opportunity available) After completing the assigned reading and any videos for Chapters 9-14, respond to the following questions. The points available for each question are listed at the beginning of the question. Up to 20% of the points for each response will be awarded based on grammar, spelling, and sentence structure. Expressing your thoughts in writing is an essential skill for paralegals. Although this is not an English class, it is imperative that you proofread, use the writing lab, or have someone help you go over your answers before submitting. You MUST use complete sentences, and connect the question to the answer (don’t just repeat the question back in answer form). If the question asks for facts (plural), you should develop at least 2 if not more facts. Each question will be graded based on whether you identified the fact or facts requested, and whether you explained why each fact led to the legal conclusion in the question. CONTRACTS: ENFORCEABILITY CONCEPTS Use the following scenario in responding to the questions below: Professor McEvoy loves coffee and in fact she needs coffee throughout the day. Because Professor McEvoy isn’t always able to stop for coffee before her class, she would like to enter a contract to have a student or students bring a cup of coffee to her every class period. Professor McEvoy says to a student, Alma, “I promise to pay you $10.00 each class if you promise to bring me a 20-oz mocha—almond milk, no whipped cream—from Café Tempo, delivered to my office each week during the current semester, 10 minutes before class starts.” Alma says: “I agree.” For the first three weeks Alma delivers the coffee and Professor McEvoy pays her $10.00 each class. 10 points Develop additional facts and explain why these facts would help Alma argue that the contract is voidable due to lack of genuine assent (Ch 13). 10 points Develop additional facts and explain why these facts would help Alma argue that the contract is voidable due to lack of contractual capacity (Ch 14). HINT: Do NOT change the facts I have given in the scenario above. But add more facts that would help you argue in court each part of these questions. In this exercise, we are arguing that the contract was voidable (basically that the agreement never really existed) and the parties were not bound to perform. Lack of assent and lack of capacity are 2 different concepts, and your answers should demonstrate that you understand the differences between the two. Add more facts that would help you argue in court that the contract is voidable for the reasons given in the questions. NOTE: I’ve given you general categories, but you will need to select something more specific from each category, then develop facts that could also be true that would help Alma argue the contract is voidable. The fourth week, Alma does not deliver the coffee to Professor McEvoy’s office. Waylon arrives at Professor McEvoy’s office at the proper time with the correct coffee and says “Alma is sick today; she asked me to bring the coffee to you and said that I can collect the $10.00.” 5 points In this fourth week scenario, which action represents an assignment (who assigned what to whom)? (Ch 17) 5 points In this fourth week scenario, which action represents a delegation (who delegated what to whom)? (Ch 17) Return to the scenario at the end of three weeks, as if neither party had transferred their rights or responsibilities in the fourth week. Address the following for the original contract between Prof. McEvoy and Alma. 10 points What facts, if added to the scenario in the first 3 weeks, would make the contract commercially impracticable (though not impossible) to complete (Ch 18)? Explain why. 10 points What facts, if added to the scenario in the first 3 weeks, would make the contract impossible to complete (Ch 18)? Explain why. Note: do NOT develop facts that make the contract illegal—we addressed the concept of illegality previously. * HINT: Do NOT change the facts I have given in the scenario above. But add more facts that would help you argue in court each part of these questions. Contract impossibility and commercial impracticability are also 2 different concepts— your answers should make a clear distinction between the two. In this exercise we are arguing that even though there was a valid contract that bound the parties to perform, now the parties are excused from performing. Remember, the explanations are how you demonstrate your understanding of these concepts.