Choose ONE of the two options below for discussion. (Each option has multiple parts so be sure to answer all parts listed.) Be sure to elaborate and explain your response. These are complex cases and can’t be addressed in just a few sentences. Please use APA formatting for your scholarly citations and references (which are required). Start with the text and don’t use attorney advertising, Wikipedia, Investopedia or Small Business Chronicle type websites as those are not scholarly. If you want to read the full cases the citations and links are provided below.
(The APA for the text has been provided in the classroom.)
Choose ONE of the options below for discussion (either 1 or 2). Be sure to elaborate and explain.
1. Show Me My Money (Reisenfeld & Company v. The Network Group Inc., p. 313)
For full case click: Reisenfeld v. The Network Group; K Mart, etc.
Or look up: Reisenfeld v. The Network Group; etc., 277 F.3d 856 (6th Cir. 2002).
Discuss the following:
A) Why does the court see this case as involving a quasi-contract as opposed to an actual contract?
B) What other case law does the court rely on in finding precedent/support for compensating Reisenfeld?
C) Does this decision appear to follow the golden rule guideline set forth in Chapter 2 (pp. 27 and 28)?
D) Describe another example of an implied-in-fact or quasi-contract that you have experienced or is mentioned in the text.
2. Gone With the Wind (Miller v. Mills Construction Inc., p. 453)
For full case click: Miller . Mills
Or look up: Miller v. Mills Construction, Inc., 352 F.3d 1166 (2003.)
Discuss the following:
A) What word did the lower court leave out of its opinion that prompted Mills Construction to appeal?
B) How did the appellate court respond to Mills Construction’s argument?
C) Who are the stakeholders in the Miller case, and how might they be impacted by this breach?
D) What are some differences and examples of material and immaterial breaches you can think of involving contracts (verbal, implied, or written) in your own life as a consumer, spouse, employee, businessperson, or student? (Avoid the wire example that often comes up in a Google search. The Shapiro Library is a good source for finding further information.)
APA FOR TEXT:
In case anyone needs these, here are the correct APA forms for the text:
(Kubasek et al., 2013).
(Kubasek et al., 2013, p. _ ).
(Kubasek et al., 2013 para. _ ).
Citing the Connect version of the text:
Kubasek, N., Browne, M., Herron, D., Giampetro-Meyer, A., Barkacs, L., Dhooge, L., & Williamson, C. (2013). Dynamic Business Law (2nd ed.) [Connect digital version]. Retrieved from http://connect.mheducation.com/