Points 150Assignment 2 Problem SolvingCriteriaUnacceptab.docx

Points: 150
Assignment 2: Problem Solving
Criteria
UnacceptableBelow 60% F
Meets Minimum Expectations60-69% D
Fair70-79% C
Proficient80-89% B
Exemplary90-100% A
1. Define the problem in the scenario chosen.
Weight: 20%
Did not submit or incompletely defined the problem in the
scenario chosen.
Insufficiently defined the problem in the scenario chosen.
Partially defined the problem in the scenario chosen.
Satisfactorily defined the problem in the scenario chosen.
.
Thoroughly defined the problem in the scenario chosen.
2. Analyze the problem in the scenario.
Weight: 10%
Did not submit or incompletely analyzed the problem in the
scenario.
Insufficiently
analyzed the problem in the scenario.
Partially analyzed the problem in the scenario.
Satisfactorily
Thoroughly
3. Generate options for solving the problem in the scenario.
Weight: 10%

Did not submit or incompletely generated options for solving
the problem in the scenario.
Insufficiently generated options for solving the problem in the
scenario.
Partially generated options for solving the problem in the
scenario.
Satisfactorily generated options for solving the problem in the
scenario.
Thoroughly generated options for solving the problem in the
scenario.
4. Evaluate the options for solving the problem.
Weight: 10%
Did not submit or incompletely evaluated the options for
solving the problem.
Insufficiently evaluated the options for solving the problem.
Partially evaluated the options for solving the problem.
Satisfactorily evaluated the options for solving the problem.
Thoroughly evaluated the options for solving the problem.
5. Decide on the best option for solving the problem
Weight: 10%
Did not submit or incompletely decided on the best option for
solving the problem.
Insufficiently decided on the best option for solving the
problem.
Partially decided on the best option for solving the problem.
Satisfactorily decided on the best option for solving the
problem.
Thoroughly decided on the best option for solving the problem.
6. Explain how you will implement the decision made and
reflect on whether this option was the most effective.
Weight: 10%
Did not submit or incompletely explained how the decision
made will be implemented and reflected on whether this option
was the most effective.
Insufficiently explained how the decision made will be
implemented and reflected on whether this option was the most

effective.
Partially explained how the decision made will be implemented
and reflected on whether this option was the most effective.
Satisfactorily explained how the decision made will be
effective.
Thoroughly explained how the decision made will be
effective.
7. Follow APA Style requirements for format, in-text citation of
quotes and paraphrases, and references page.
Weight: 10%
Did not complete the assignment or had more than 9 errors in
following APA Style requirements.
Had 8-9 errors in following APA Style requirements.
Had 6-7 different errors in following APA Style requirements.
8. Follow guidelines for clear and organized writing: include an
introductory and concluding paragraph; address main ideas in
body paragraphs with a topic sentence and supporting sentences.
Weight: 10%
Did not submit or incompletely followed guidelines for clear
and organized writing.
Insufficiently followed guidelines for clear and organized
writing: did not include an introductory and / or concluding
paragraph; did not address main ideas in body paragraphs with a
topic sentence and supporting sentences.
Partially followed guidelines for clear and organized writing:
included a partially developed introductory and / or concluding
paragraph; partially addressed main ideas in body paragraphs
with a topic sentence and supporting sentences.
Sufficiently followed guidelines for clear and organized
writing: included an introductory and concluding paragraph;
sufficiently addressed main ideas in body paragraphs with a
topic sentence and supporting sentences.

Fully followed guidelines for clear and organized writing:
included an engaging introductory and thoughtful concluding
paragraph; fully addressed main ideas in body paragraphs with a
topic sentence and detailed supporting sentences.
9. Adhere to standard rules of English grammar, punctuation,
mechanics, and spelling.
Weight: 10%
Did not complete the assignment or had more than 9 errors in
grammar, punctuation, mechanics, spelling.
Had 8-9 errors in grammar, grammar, punctuation, mechanics,
spelling.
Had 6-7 different errors in grammar, punctuation, mechanics,
spelling.
Had 4-5 different errors in grammar, grammar, punctuation,
mechanics, spelling.
Had 0-3 different errors in grammar, punctuation, mechanics,
spelling.
Points: 150
Criteria
Unacceptable
Below 60% F
Meets
Minimum
Expectations

60
-
69% D
Fair
70
-
79% C
Proficient
80
-
89% B
Exemplary
90
-
100% A
1. Define the
problem in the
scenario chosen.
Weight: 20%
Did not submit
or incompletely

defined the
problem in the
scenario chosen.
Insufficiently
defined the
problem in the
scenario
chosen.
Partially
defined the
problem in the
scenario
chosen.
Satisfactorily
defined the
problem in
the scenario
chosen.
.
Thoroughly
defined the
problem in the
scenario
chosen.
2. Analyze the
problem in the
scenario.
Weight: 10%

Did not submit
or incompletely
analyzed the
problem in the
scenario.
Insuffic
iently
analyzed the
problem in the
scenario.
Partially
analyzed the
problem in the
scenario.
Satisfactorily
analyzed the
problem in
the scenario.
Thoroughly
analyzed the
problem in the
scenario.
3. Generate options
for solving the
problem in the
scenario.
Weight: 10%

Did not submit
or incompletely
generated
options for
solving the
problem in the
scenario.
Insufficiently
generated
options for
solving the
problem in the
scenario.
Partially
genera
ted
options for
solving the
problem in the
scenario.
Satisfactorily
generated
options for
solving the
problem in
the scenario.
Thoroughly
generated
options for
solving the
problem in the

scenario.
4. Evaluate the
options for solving
the problem.
Weight: 10%
Did not submit
or incompletely
evaluated the
options for
solving the
problem.
Insufficiently
evaluated the
options for
solving the
problem.
Partially
evaluated the
options for
solving the
problem.
Satisfactorily
evaluated the
options for
so
lving the
problem.
Thoroughly
evaluated the

options for
solving the
problem.
5. Decide on the best
option for solving
the problem
Weight: 10%
Did not submit
or incompletely
decided on the
best option for
solving the
problem.
Insufficiently
decided on the
best option for
solving the
problem.
Partially
decided on the
best option for
solving the
problem.
Satisfactorily
decided on
the best
option for
solving the
problem.

Thoroughly
decided on the
best option for
solving the
pro
blem.
6. Explain how you
will implement the
decision made and
reflect on whether
this option was the
most effective.
Weight: 10%
Did not submit
or incompletely
explained how
the decision
made will be
implemented
and reflected on
whether this
option was the
Insufficiently
explained how
the decision
made will be
implemented
and reflected
on whether
this option
was the
most

Partially
explained how
the decision
made will be
implemented
and reflected
on whether
this option was
the most
Satisfactorily
explained
how the
decision made
will be
implemented
and reflected
on whether
this option
Thoroughly
explained how
the decision
made will be
implemented
and reflected
on whether
this option
was the most
Points: 150
Criteria
Unacceptable
Below 60% F
Meets
Minimum

Expectations
60-69% D
Fair
70-79% C
Proficient
80-89% B
Exemplary
90-100% A
1. Define the
problem in the
scenario chosen.
Weight: 20%
Did not submit
or incompletely
defined the
problem in the
scenario chosen.
Insufficiently
defined the
problem in the
scenario
chosen.
Partially
defined the
problem in the
scenario
chosen.
Satisfactorily
defined the
problem in
the scenario
chosen.
.

Thoroughly
defined the
problem in the
scenario
chosen.
2. Analyze the
problem in the
scenario.
Weight: 10%
Did not submit
or incompletely
analyzed the
problem in the
scenario.
Insufficiently
analyzed the
problem in the
scenario.
Partially
analyzed the
problem in the
scenario.
Satisfactorily
analyzed the
problem in
the scenario.
Thoroughly
analyzed the
problem in the
scenario.
3. Generate options
for solving the
problem in the
scenario.
Weight: 10%
Did not submit

or incompletely
generated
options for
solving the
problem in the
scenario.
Insufficiently
generated
options for
solving the
problem in the
scenario.
Partially
generated
options for
solving the
problem in the
scenario.
Satisfactorily
generated
options for
solving the
problem in
the scenario.
Thoroughly
generated
options for
solving the
problem in the
scenario.
4. Evaluate the
options for solving
the problem.
Weight: 10%
Did not submit
or incompletely

evaluated the
options for
solving the
problem.
Insufficiently
evaluated the
options for
solving the
problem.
Partially
evaluated the
options for
solving the
problem.
Satisfactorily
evaluated the
options for
solving the
problem.
Thoroughly
evaluated the
options for
solving the
problem.
5. Decide on the best
option for solving
the problem
Weight: 10%
Did not submit
or incompletely
decided on the
best option for
solving the
problem.
Insufficiently
decided on the

best option for
solving the
problem.
Partially
decided on the
best option for
solving the
problem.
Satisfactorily
decided on
the best
option for
solving the
problem.
Thoroughly
decided on the
best option for
solving the
problem.
6. Explain how you
will implement the
decision made and
reflect on whether
this option was the
most effective.
Weight: 10%
Did not submit
or incompletely
explained how
the decision
made will be
implemented
and reflected on
whether this
option was the
Insufficiently

explained how
the decision
made will be
implemented
and reflected
on whether
this option
was the most
Partially
explained how
the decision
made will be
implemented
and reflected
on whether
this option was
the most
Satisfactorily
explained
how the
decision made
will be
implemented
and reflected
on whether
this option
Thoroughly
explained how
the decision
made will be
implemented
and reflected
on whether
this option
was the most

Example complaint and summons.
In the United States District Court for the District of Idaho
John Doe Civil No. 2-1001
Plaintiff
v. COMPLAINT
Jane Rice
Defendant
The plaintiff, by and through his attorney, alleges
The plaintiff a resident of the State of Idaho, the defendant is a
resident of the State of Washington, and there is diversity of
citizenship between the parties.
The amount in controversy exceeds the sum of $75,000
exclusive of interest and cost.
On January 10, 2016, plaintiff was exercising reasonable care
while walking across the intersection of Sun Valley Road and
Main Street, Ketchum, Idaho when defendant negligently drove
her car through a red light at the intersection and struck
plaintiff
As a result of the defendant’s negligence, plaintiff has incurred
medical expenses of $104,000 and suffered severe physical
injury and mental distress.
WHERFORE plaintiff claims judgment in the amount of $1000,
000 interest at the maximum legal rate, and costs of this action.
By
_____________________
Edward Lawson
Attorney for Plaintiff

100 Main Street
Ketchum, Idaho
·
introduction
· history/background of the facts,
· state the problem,
· what both sides intend to prove
· testimonies, evidence that was presented
· comments (analysis of the problem, and recommendation) and
main points of the closing statement
· conclusion
There are two types of case studies: factual ones depicting real
organizations, people, and situations and fictional ones that,
although usually based loosely on actual people and events, do
not use real organization's or people's names. The advantages of
factual case studies are that they can provide a wealth of detail,
give credibility to situations and problems, and, most important,
provide real outcomes. Actual results give those who analyze a
case real-world solutions:
How did the organization or manager solve the problems? Did
the solutions work?
Factual cases furnish concrete, not theoretical, solutions. When
discussing factual cases, analysts tend to focus on the accuracy
of the details rather than on the appropriateness of the
solutions. Factual cases tend to become outdated as
organizations, strategies, problems, and people change over
time. Also, if a factual case portrays real organizations or
people in a negative way, questions of taste, fairness, and even
libel can arise. When writing a factual case stay with the facts,
limit discussion to only those management topics that are
constructive in the case.

The most effective use of factual cases are for describing
current organizational problems, then analyzing and attempting
to solve the problems using a consultative approach. Fictional
cases have the drawback that students can never know if a
solution worked or not.
There are several ways to present a case history. A case history
may include:
state the problem,
history/background of the facts,
analysis of the problem, and
recommendation
conclusion - if needed
Sometimes one or more of these categories may be sub-divided.
Consider the "analysis" section. A problem may be analyzed in
terms of the "internal" or "external" environment. For example
the local government may have a specific problem with safety
issues. This issue could be the result of poor training,
insufficient number of employees, or poor morale. Such
problems would be considered internal problems. Therefore, an
"external" problem may be an issue that is located outside of the
locale.
Case studies do not have to be restricted to problems and how-
not-to situations; they can show solutions and how-to situations
also. A case study can address several problems and show what
was done right in solving them. Often the best teaching cases
are those that contain both appropriate and inappropriate
problem solutions. By using this technique, writers do not
signal to readers that all the solutions are either right or wrong-
-case analysts have to figure it out for themselves.
State the Problem - in two or three sentences.
History/Background of Facts - Summarize the facts in the case.

Analysis of the Problem - Analysis often is the most difficult
section of a case history to write. Sometimes there is a fine line
between summary and analysis and/or analysis and
recommendation. In your analysis you may discuss the causes of
the problem as well as the impact of the problem. This section
of your case history is important because you are evaluating the
problem(s) so that you can make a recommendation or present a
plan to correct the problems. Avoid words such as "must,"
"should," "need to." Do not make recommendations in this
section.
Refer to your summary and ask yourself some basic questions,
for example.
What were the conditions which allowed the problem to
develop? In our case, the problem is…"what is the overall status
of the management of environmental matters in urban
governments?"
Why did the soil get in its present state - contaminated?
Who was responsible for the dumping?
Who was affected by the contaminated soil?
What are the short and long range effects of the contaminated
soil?
Recommendations - In this section you provide direction. Based
on the information you have gathered and your analysis of the
information, what do you recommend? Recommendations can be
detailed or general. If you are presenting a plan to clean up the
area, you will have to be more detailed than if you are
recommending that a company be hired to do this. A plan to
convince people that the area is a safe place to live may include
more details than a recommendation to hire an advertising
company.

The recommendation section is your "argument." Using the facts
of the case and your analysis, you "argue" that certain steps
must be taken.
Conclusion - Use this section for any concluding remarks that
you may want to make. Everyone may not need to create this
section because you may have made concluding remarks in your
recommendations.
Writing Tips
Keep your audience in mind: Try not to use acronyms.
Remember that you are writing for individuals who may not be
familiar with the background, details, and terminology of the
situation.
Openings: Grab the reader with the major issue: set the scene
for the confrontations, the frustrations, and the main conflicts.
Present the issues without any analysis: Issues should follow a
logical order and should illustrate a point or concept that relates
to the problems that the writer wants to have analyzed. Do not
give any recommendations.
Provide relevant details: After an opening that points to the
issues, provide relevant details about goals, strategies,
dilemmas, conflicts, roadblocks, appropriate research, relevant
financial information, people, and relationships.
Leave the reader with a clear picture of the major problems.
(Leave them wondering what can be done to remedy the
situation).
Make sure that the recommendations are feasible.
Chapter 9
Nature of Traditional and Online Contracts
Chapter 9

Nature of Traditional
and Online Contracts
The movement of the progressive societies has hitherto been a
movement from status to contract.
Sir Henry Maine
I. Teacher to Teacher Dialogue:
I like to open the overview of contracts law by identifying two
main teaching objectives from this chapter. The first objective
is to introduce the notion of apparent versus hidden “parties” to
a contract. By apparent, of course, we are talking about the
actual participants or signatories to the contract. These are the
persons or entities whose rights and obligations we are about to
examine and ascertain. By “hidden” parties, I stress the point
that a contract is not, in the end, all that private. What elevates
a bare agreement between two or more private parties into a
legally recognized contract is the willingness of the public,
through its courts, to enter the fray and enforce the contract
rights and duties. Thus, the first objective is to interject the

notion of public policy participation and support of the
contracting process.
The second objective is to introduce students to some of the
working vocabulary of contract law. As is the case with all
specialized forms of endeavor, a contract has a language all its
own, and a basic knowledge of some of the key terms used in
contracts is essential. The key contract terms used tend to be
dichotomous, and you can use that dichotomy as a learning tool.
Take, for example, the number of parties to a contract. At least
two parties are required in all contracts. One of those two
parties has to initiate the contract formation process. The
person starting the mutual assent process with a promise is the
offeror, the other person is the offeree. Next, look at the
dichotomy of the promises being used: Is it a bilateral promise
or is it a promise for a unilateral act? Have these promises been
expressly made or can they somehow be implied from the
circumstances? Does the form that this agreement is taking
require certain formalities, such as a negotiable instrument, or
can it be done in any informal manner chosen by the parties as
long as the elements of contract are met?
Once the parties have formed an agreement, are the performance
obligations already fully met or executed, or are there still
remaining executory performance obligations on the part of one
or more of the parties? In addition, you may have to examine
issues of enforceability. If all the elements are in place, the
agreement is now considered a valid contract. If one or more of
the essential elements is missing, the agreement is not raised to
the status of contract and may be legally void. There are also
certain situations where a contract is created, but it will not be
enforced. If a legal defense is found to be in place, such as a
writing requirement, the contract may be an unenforceable
contract. Sometimes, certain persons are given a legally

recognized power to avoid a contract after it has been entered
into. These contracts are voidable, and examples of this sort of
situation can be found in cases involving young people with
limited mental capacity.
II. Chapter Objectives
· Define contract.
· List the elements necessary to form a valid contract.
· Distinguish between bilateral and unilateral contracts.
· Describe and distinguish between express and implied-in-fact
contracts.
· Describe and distinguish among valid, void, voidable, and
unenforceable contracts.
III. Key Question Checklist
· What body of contract law will control the formation, rights,
duties, and remedies of this agreement?
· Are the four elements of a contract in place?
· How is this contract defined? Formal or informal? Executed
or executory?
· Are there any defenses that make the contract unenforceable?
IV. Text Materials
Contracts are the basis for most of our activities. They are
voluntarily entered into and the terms become a form of private
law between the parties. Most are legally enforceable, with the

breaching party being subject to damages ordered by the courts.
Section 1: Definition of a Contract
A contract is an agreement that is enforceable by a court of law
or a court of equity.
Parties to a Contract – The offeror makes the offer to the
offeree. The contract is created when the offeree accepts the
offer.
Elements of a Contract – Enforceable contracts require that
there be an offer and acceptance, which form an agreement
between the parties. To be a contract the agreement must show
mutual assent, consideration, capacity, and legality.
Defenses to the Enforcement of a Contract - There are two
defenses to the enforcement of a contract: genuineness of assent
and writing and form.
The Evolution of the Modern Law of Contracts – This fits in
nicely with the notions of private versus public participants in
the contract process as discussed in the teacher-to-teacher
dialogue at the beginning of this chapter. It also allows you to
get students thinking early on about the “battle of forms” and
how the extensive use of forms has severely limited the real
bargaining power of the average lay person.
Section 2: Sources of Contract Law
The Common Law of Contracts – This source of contract law
developed from primarily state court decisions that became
precedent.
The Uniform Commercial Code (UCC) – The UCC has been
adopted, in whole or in part, by every state, and takes

precedence over common law. Article 2 deals with sales and
Article 2A deals with leases.
The Restatement of the Law of Contracts – The Restatement,
currently in its second edition, is not law, but merely serves as
guidance to the legal community.
Objective Theory of Contracts – This theory applies the
reasonable person standard to contracts.
Case 9.1:City of Everett Washington v. Mitchell
Facts: Al and Rosemary Mitchell owned a small secondhand
store. At an auction, they purchased a used safe and were told
by the auctioneer that the inside compartment of the safe was
locked and that there was no key for it. The safe was part of
Sumstad Estate. The Mitchells had the safe opened, and found
over $32,000 in cash in it. The locksmith who opened the safe
called the City of Everett Police, who impounded the money.
The City of Everett commenced an interpleader action against
Sumstad Estate and the Mitchells. The trial court entered
summary judgment in favor of Sumstad Estate. The court of
appeals affirmed. The Mitchells appealed.
Issue: Was a contract formed between the seller and buyer of
the safe?
Decision: Yes.
Reason: The state supreme court held that under the objective
theory of contracts, a contract was formed between the seller
and buyer of the safe. The decision was reversed in favor of the
Mitchells.
Uniform Electronic Commerce Act Adopted – The Uniform
Computer Information Transactions Act (UCITA) establishes
uniform legal rules for the formation and enforcement of

electronic contracts and licenses. The Uniform Electronic
Transactions Act (UETA) provides a legal framework for
electronic transactions.
Section 3: Classifications of Contracts
Bilateral and Unilateral Contracts – A bilateral contract is a
promise for a promise. The exchange of promises creates the
enforceable contract. A unilateral contract is one where the
offer can be accepted only by the performance of an act by the
offeree.
Incomplete or Partial Performance – Offers can be revoked by
the offeror at any time before the offeree has begun
performance.
Express and Implied-in-Fact Contracts – Express contracts may
be either oral or written, whereas implied-in-fact contracts are
implied by the activities of the parties. Implied-in-fact
contracts require that the plaintiff supply property or services to
the defendant that they expected to be paid for, and that the
defendant had an opportunity to reject the property or services
and failed to do so.
Case 9.2:Wrench LLC v. Taco Bell Corporation
Facts: Rinks and Shields created a “Psycho Chihuahua” cartoon
character that they promoted through their company, Wrench
LLC. They were approached by Taco Bell to adapt the
character for use in their advertising. Later, the idea was
adjusted to include a real dog that was digitally manipulated.
Rinks and Shields created several ads, including one in which a
male dog passes up a female dog to get to the Taco Bell food.
Taco Bell did not enter into an express contract with them, but,
a few weeks later, hired Chiat/Day to produce the same style
ads, one of which was the male dog passing on up a female dog

to get the Taco Bell food. Wrench, Rinks, and Shields sued for
breach of an implied contract. The District Court granted
summary judgment to Taco Bell, and the plaintiffs appealed.
Issue: Did the plaintiffs state a cause of action for the breach
of an implied-in-fact contract?
Decision: Yes.
Reason: The U.S. Court of Appeals held that Taco Bell
understood that if they used the “Psycho Dog” concept, it would
have to pay the plaintiffs. They found that there was strong
circumstantial evidence that Taco Bell was using the concept,
and reversed and remanded the case back for trial.
Quasi-Contracts (Implied-in-Law Contracts) – This is an
equitable remedy that allows a court to award monetary
damages to prevent unjust enrichment and unjust detriment in
the case where there is no enforceable contract between the
parties.
Formal and Informal Contracts – Contracts may be formal, such
as negotiable instruments, letters of credits, recognizances, and
contracts under seal, or informal or simple contracts, like
leases, sales contracts, and service contracts. The distinction is
that formal contracts require a special format or method.
Valid, Void, Voidable, and Unenforceable Contracts – Valid
contracts meet all the essential elements and are enforceable by
at least one of the parties. A void contract has no legal effect,
and neither party can enforce it. Contracts where at least one
party can avoid their contractual obligations are voidable
contracts. If there is a legal defense to the enforcement of a
contract, it is called an unenforceable contract, but the parties
may choose to voluntarily perform the contract.

Executed and Executory Contracts – Contracts that have not yet
been fully performed by either side are called executory
contracts; those that have been completed are executed
contracts.
Section 4: Equity
Equity is resorted to when monetary damages are not sufficient
or are not a proper remedy.
Equity Saves Contracting Party – This explores a situation in
which the court applied equitable remedies to protect the
interests of lessees.
The United Nations Convention on Contracts for the
International Sale of Goods - The CISG applies to contracts for
the international sales of goods. The buyer and seller must have
their places of business in different countries. The United
States, as well as many other countries, has ratified the CISG.V.
Answers to Business Law Cases
Bilateral or Unilateral Contract
9.1. The contract is a bilateral contract. A contract is bilateral
if the offeror’s promise is answered with the offeree’s promise
of acceptance. The court found that the agreement between Mr.
Bickham and the bank on January 23, 1974, was a bilateral
agreement. Bickham agreed to do his banking in return for the
bank’s agreement to make loans at 7 1/2 percent. If Bickham
had said “If you promise to loan me money at 7 1/2 percent, I
will do all my banking with your bank,” the offer would have
been to create a unilateral contract.
The court further held that bilateral contracts can only be
altered with the consent of both parties and that the bank acted

unilaterally in changing the interest rates on the loans.
Therefore, the Appellate Court upheld the trial court’s ruling
that the bank had breached its contract.
In addition, the court held that each of the subsequently
executed notes were bilateral contracts. The court stated that
although the agreement was silent at the time, it would impute a
“reasonable time” into the agreement. Bickham v. Washington
Bank & Trust Company, 515 So.2d 457 (La.App. 1987).
Implied‑in‑Fact Contract
9.2. Yes, an implied‑in‑fact contract can result from the
conduct of unmarried persons who live together. An
implied‑in‑fact contract arises where (1) the plaintiff provided
property or services to the defendant, (2) the plaintiff expected
to be paid for the property or services, and did not provide the
property or services gratuitously, and (3) the defendant was
given an opportunity to reject the property or services, but
failed to
do so.
Here the plaintiff provided services while the defendant
provided property. There is no more reason to presume that
services are contributed as a gift. It is better to presume that
the parties intended to deal fairly with each other. To hold
otherwise would disproportionately enrich one partner at the
expense of the other. Therefore, the court held that courts may
inquire into the conduct of the parties to determine whether that
conduct demonstrates an implied‑in‑fact contract. Marvin v.
Marvin, 557 P.2d 106 (Cal. 1976).
VI. Answers to Issues in Business Ethics Cases

9.3. The contract is a unilateral contract. A unilateral contract
is one in which the offer can only be accepted by the
performance of an act by the offeree. Here, there is no contract
until the offeree performs the requested act. The offer cannot
be accepted by Chenard promising to get a hole‑in‑one. This
would constitute a bilateral agreement. The court held that
where Chenard, the offeree, shot a hole‑in‑one, he had accepted
the offeror’s offer of a unilateral contract thereby obligating
performance of the promise. Accordingly, the Appellate Court
upheld the Superior Court’s ruling that Chenard is entitled to
the car. Chenard v. Marcel Motors, 387 A.2d 596 (Maine
1978).
9.4. No, Winkle does not receive the profit-sharing bonus.
Under the equitable doctrine of quasi‑contract, a court may
award monetary damages to a plaintiff for providing work or
services to a defendant even though no actual contract existed
between the parties. This doctrine does not apply where there is
an enforceable contract between the parties. In this case, there
was a written employment contract between the parties. Thus,
for Winkle to be entitled to the profit‑sharing bonus the court
must find that the written employment contract was altered in
writing or by an executed oral contract.
Winkle testified that the agreement to receive profit‑sharing
was an oral agreement. Thus, the question becomes whether the
oral agreement was executed, i.e., fully performed. The court
held that because Winkle had not been paid his salary and
bonus, the contract was not executed. Accordingly the appellate
court reversed the trial court’s holding that Winkle was entitled
to his bonus. Winkle v. Family Health Care, P.C., 668 P.2d 208
(Mont. 1983).
VII. Terms

· bilateral contract—A contract entered into by way of exchange
of promises of the parties: a “promise for a promise.”
· common law of contracts—Contract law developed primarily
by state courts.
· equity—A doctrine that permits judges to make decisions
based on fairness, equality, moral rights, and natural law.
· executed contract—A contract that has been fully performed
on both sides: a completed contract.
· executory contract—A contract that has not been fully
performed. With court approval, executory contracts may be
rejected by a debtor in bankruptcy.
· express contract—An agreement that is expressed in written or
oral words.
· formal contract—A contract that requires a special form or
method of creation.
· implied-in-fact contract—A contract where agreement between
parties has been inferred from their conduct.
· informal contract—A contract that is not formal. Valid
informal contracts are fully enforceable and may be sued upon
if breached.
· legally enforceable contract—If one party fails to perform as
promised, the other party can use the court system to enforce
the contract and recover damages or other remedy.
· objective theory of contracts—A theory that says the intent to
contract is judged by the reasonable person standard and not by
the subjective intent of the parties.

· offeree—The party to whom an offer to enter into a contract is
made.
· offeror—The party who makes an offer to enter into a
contract.
· quasi- or implied-in-law contract—An equitable doctrine
whereby a court may award monetary damages to a plaintiff for
providing work or services to a defendant even though no actual
contract existed. The doctrine is intended to prevent unjust
enrichment and unjust detriment.
· Restatement of the Law of Contracts—A compilation of model
contract law principles drafted by legal scholars. The
Restatement is not law.
· unenforceable contract—A contract where the essential
elements to create a valid contract are met, but there is some
legal defense to the enforcement of the contract.
· Uniform Commercial Code—Comprehensive statutory scheme
that includes laws that cover most aspects of commercial
transactions.
· unilateral contract—A contract in which the offeror’s offer
can be accepted only by the performance of an act by the
offeree: a “promise for an act.”
· valid contract—A contract that meets all of the essential
elements to establish a contract: a contract that is enforceable
by at least one of the parties.
· void contract—A contract that has no legal effect: a nullity.
· voidable contract—A contract where one or both parties have

the option to avoid their contractual obligations. If a contract is
avoided, both parties are released from their contractual
obligations.
73
78
77
Both cases require 4 pages each – 5th is reference and 6th is the
complaint (see the other attachment).
Power point slides for terminology can also be found at or
below:
http://wps.prenhall.com/bp_cheeseman_blaw_8/225/57727/1477
8287.cw/index.html
http://wps.prenhall.com/bp_cheeseman_blaw_8/225/57727/1477
8328.cw/index.html
This is case#1:
Page 197, para 9.2. Bilateral or Unilateral Contract G.S. Adams
Jr., vice president of the Washington Bank & Trust Co., met
with Bruce Bickham. An agreement was reached whereby
Bickham agreed to do his personal and corporate banking
business with the bank, and the bank agreed to loan Bickham
money at 7.5 percent interest per annum. Bickham would have
ten years to repay the loans. For the next two years, the bank
made several loans to Bickham at 7.5 percent interest. Adams
then resigned from the bank. The bank notified Bickham that
general economic changes made it necessary to charge a higher
rate of interest on both outstanding and new loans. Bickham
sued the bank for breach of contract. Was the contract a
bilateral or unilateral contract?
Ref: Bickman v. Washington Bank & Trust Company, 515
So.2d 4576, 1987 La. App. Lexis 10442 (Court of Appeal of
Louisiana)
References I found.

http://www.leagle.com/decision/1987972515So2d457_1919/BIC
KHAM%20v.%20WASHINGTON%20BANK%20&%20TRUST
%20CO
http://la.findacase.com/research/wfrmDocViewer.aspx/xq/fac.19
871014_0000876.LA.htm/qx
https://answers.yahoo.com/question/index?qid=20090315173131
AAVvL0w&p=Bickman%2520v.%2520Washington%2520Bank
%2520%2526%2520Trust%2520Company%2520solution
%20CO. (closing statement)
%20CO. (evidence)
%20CO. (testimony)
V. Answers to Business Law Cases
Bilateral or Unilateral Contract
9.1. The contract is a bilateral contract. A contract is bilateral
if the offeror’s promise is answered with the offeree’s promise
of acceptance. The court found that the agreement between Mr.
Bickham and the bank on January 23, 1974, was a bilateral
agreement. Bickham agreed to do his banking in return for the
bank’s agreement to make loans at 7 1/2 percent. If Bickham
had said “If you promise to loan me money at 7 1/2 percent, I
will do all my banking with your bank,” the offer would have
been to create a unilateral contract.
The court further held that bilateral contracts can only be
altered with the consent of both parties and that the bank acted
unilaterally in changing the interest rates on the loans.
Therefore, the Appellate Court upheld the trial court’s ruling
that the bank had breached its contract.
In addition, the court held that each of the subsequently
executed notes were bilateral contracts. The court stated that
although the agreement was silent at the time, it would impute a

“reasonable time” into the agreement. Bickham v. Washington
Bank & Trust Company, 515 So.2d 457 (La.App. 1987).
This is case #2: (it was first granted and then appealed)
9.3 Implied-in-Fact Contract. For six years, Lee Marvin, an
actor, lived with Michelle Marvin. They were not married. At
the end of six years, Lee Marvin compelled Michelle Marvin to
leave his household. He continued to support her for another
year but thereafter refused to provide further support. During
their time together, Lee Marvin earned substantial income and
acquired property, including motion-picture rights worth more
than $1 million. Michelle Marvin brought an action against Lee
Marvin, alleging that an implied-in-fact contract existed
between them and that she was entitled to half of the property
that they had acquired while living together. She claimed that
she had given up a lucrative career as an entertainer and singer
to be a full-time companion, homemaker, housekeeper, and
cook. Can an implied-in-fact contract result from the conduct
of unmarried persons who live together? Marvin v. Marvin, 18
Cal.2d 660 P.2d 106, 134 Cal. Rptr. 815, 1976 Cal. Lexis 377
(Supreme Court of California)
9.2. Yes, an implied in fact contract can result from the
conduct of unmarried persons who live together. An implied in
fact contract arises where (1) the plaintiff provided property or
services to the defendant, (2) the plaintiff expected to be paid
for the property or services, and did not provide the property or
services gratuitously, and (3) the defendant was given an
opportunity to reject the property or services, but failed to do
so.
Here the plaintiff provided services while the defendant
provided property. There is no more reason to presume that
services are contributed as a gift. It is better to presume that
the parties intended to deal fairly with each other. To hold
otherwise would disproportionately enrich one partner at the
expense of the other. Therefore, the court held that courts may
inquire into the conduct of the parties to determine whether that
conduct demonstrates an implied in fact contract. Marvin v.

Marvin, 557 P.2d 106 (Cal. 1976).
Reference:
http://www.invispress.com/law/family/marvin.html
http://law.justia.com/cases/california/court-of-
appeal/3d/122/871.html
http://scholarship.law.marquette.edu/cgi/viewcontent.cgi?article
=2012&context=mulr
http://scocal.stanford.edu/opinion/marvin-v-marvin-
27965#FFN_2
http://mason.gmu.edu/~weitzman/marvinv.htm
Parts of a contract
· Offer
· Acceptance
· Consideration
· Implied contract
· Unwritten understanding
if someone “reasonably relies” on the promise of another by
word or conduct, and is “justified in that reliance,” or the other
will suffer a “detrimental reliance,” the agreement may be
enforced. Conduct, not just words or promises, is a key point
for evaluation
Here is the table of contents
· Introduction
· What both sides intend to prove
· Evidence that was presented
· Testimonies
· Comments and main points of the closing statement
· Conclusion
VII. Terms
1. bilateral contract—A contract entered into by way of
exchange of promises of the parties: a “promise for a promise.”
2. common law of contracts—Contract law developed primarily
by state courts.
3. equity—A doctrine that permits judges to make decisions

based on fairness, equality, moral rights, and natural law.
4. • executed contract—A contract that has been fully
performed on both sides: a completed contract.
5. executory contract—A contract that has not been fully
performed. With court approval, executory contracts may be
rejected by a debtor in bankruptcy.
6. express contract—An agreement that is expressed in written
or oral words.
7. formal contract—A contract that requires a special form or
method of creation.
8. implied-in-fact contract—A contract where agreement
between parties has been inferred from their conduct.
9. informal contract—A contract that is not formal. Valid
informal contracts are fully enforceable and may be sued upon
if breached.
10. legally enforceable contract—If one party fails to perform
as promised, the other party can use the court system to enforce
the contract and recover damages or other remedy.
11. objective theory of contracts—A theory that says the intent
to contract is judged by the reasonable person standard and not
by the subjective intent of the parties.
12. offeree—The party to whom an offer to enter into a contract
is made.
13. offeror—The party who makes an offer to enter into a
contract.
14. quasi- or implied-in-law contract—An equitable doctrine
whereby a court may award monetary damages to a plaintiff for
providing work or services to a defendant even though no actual
contract existed. The doctrine is intended to prevent unjust
enrichment and unjust detriment.
15. Restatement of the Law of Contracts—A compilation of
model contract law principles drafted by legal scholars. The
Restatement is not law.
16. unenforceable contract—A contract where the essential
elements to create a valid contract are met, but there is some
legal defense to the enforcement of the contract.

17. Uniform Commercial Code—Comprehensive statutory
scheme that includes laws that cover most aspects of
commercial transactions.
18. unilateral contract—A contract in which the offeror’s offer
can be accepted only by the performance of an act by the
offeree: a “promise for an act.”
19. valid contract—A contract that meets all of the essential
elements to establish a contract: a contract that is enforceable
by at least one of the parties.
20. void contract—A contract that has no legal effect: a nullity.
21. voidable contract—A contract where one or both parties
have the option to avoid their contractual obligations. If a
contract is avoided, both parties are released from their
contractual obligations.
Must have a complaint and summons – this is a template. Make
sure we use the right court and lawyers.
In the United States District Court for the District of Idaho
John Doe Civil No. 2-1001
Plaintiff
v. COMPLAINT
Jane Rice
Defendant
The plaintiff, by and through his attorney, alleges
The plaintiff a resident of the State of Idaho, the defendant is a
resident of the State of Washington, and there is diversity of
citizenship between the parties.
The amount in controversy exceeds the sum of $75,000
exclusive of interest and cost.
On January 10, 2016, plaintiff was exercising reasonable care
while walking across the intersection of Sun Valley Road and
Main Street, Ketchum, Idaho when defendant negligently drove

her car through a red light at the intersection and struck
plaintiff
As a result of the defendant’s negligence, plaintiff has incurred
medical expenses of $104,000 and suffered severe physical
injury and mental distress.
WHERFORE plaintiff claims judgment in the amount of $1000,
000 interest at the maximum legal rate, and costs of this action.
By
_____________________
Edward Lawson
Attorney for Plaintiff
100 Main Street
Ketchum, Idaho
· Assignment 2: Problem Solving
Due Week 9 and worth 150 points
When faced with a problem, what do you do to solve it? This
assignment asks you to apply a six-step to problem solving
process to a specific problem scenario. You will write a paper
that presents a synthesis of your ideas about solving the
problem using this systematic approach. As Voltaire said, "No
problem can withstand the assault of sustained thinking."
Choose one (1) of the problem scenarios as a topic choice for
your paper (Note: Your professor must approve your topic
choice before you begin work on the assignment.)
Scenario 1: You have worked at your company for eleven (11)
years. You have returned to college to earn a Bachelor’s degree
in order to increase your chances for a promotion. You are
nearly finished with your degree, when a supervisor’s position
in a competing company becomes available in another state. The

start date is in two (2) weeks, during your final exam period for
your courses. The position offers a $15,000 per year salary
increase, a car allowance, and relocation expenses. Your former
supervisor works for the company and is recommending you for
the position based on your outstanding job performance; if you
want the job, it’s yours. All of the other supervisors at this level
in the company have Master’s degrees, so you know that you
would be expected to earn your Bachelor’s degree and continue
on to a Master’s degree. Your present company offers tuition
reimbursement, but the new company does not.
Review the six-step problem solving process outlined in the
webtext, based on the article “The Problem Solving Process”
located at http://www.gdrc.org/decision/problem-solve.html:
· Step One: Define the problem
· Step Two: Analyze the problem
· Step Three: Generate options
· Step Four: Evaluate options
· Step Five: Make your decision
· Step Six: Implement and reflect
Write a four to five (4-5) page paper in which you:
1. Define the problem in the scenario that you have chosen.
5. Decide on the best option for solving the problem.
6. Explain how you will implement the decision made and
reflect on whether this option was the most effective.
The paper should follow guidelines for clear and organized
writing:
· Include an introductory paragraph and concluding paragraph.
· Address main ideas in body paragraphs with a topic sentence
and supporting sentences.
· Adhere to standard rules of English grammar, punctuation,
mechanics, and spelling.
Your assignment must follow these formatting requirements:
· Be typed, double spaced, using Times New Roman font (size

12), with one-inch margins on all sides; citations and references
must follow APA Style format. Check with your professor for
any additional instructions.
· Include a cover page containing the title of the assignment, the
student’s name, the professor’s name, the course title, and the
date. The cover page and the reference page are not included in
the required assignment page length.
You should follow these submission guidelines:
· Submit the paper draft to Turnitin.com and then submit the
originality report with the draft to Blackboard.
The specific course learning outcomes associated with this
assignment are:
· Recognize the hindrances to the decision-making process in
order to apply problem-solving skills to a variety of situations.
· Create written work utilizing the concepts of critical thinking.
· Use technology and information resources to research issues in
critical thinking skills and informal logic.
·
Assignment 2:
Problem Solving
assignment asks you to apply a six
-
step to problem solving

Choose one (1)
of the problem scenarios as a topic choice for
years. You have returned to college to earn
a Bachelor’s
degree in order to increase your chances for a promotion. You
are nearly finished with your degree, when a supervisor’s
position in a competing company becomes available in another
state. The start date is in two (2) weeks, during your final
exam
period for your courses. The position offers a $15,000 per year
salary increase, a car allowance, and relocation expenses.
Your former supervisor works for the company and is
recommending you for the position based on your outstanding
job performance;
if you want the job, it’s yours. All of the other
supervisors at this level in the company have Master’s degrees,
so you know that you would be expected to earn your
Bachelor’s degree and continue on to a Master’s degree. Your
present company offers tuiti
on reimbursement, but the new
company does not.
Review the six
-
step problem solving process outlined in the
located at
http://www.gdrc.org/decision/problem
-

solve.html
:
·
Step One: Define the problem
·
Step Two: Analyze the problem
·
Step Three: Generate options
·
Step Four: Evaluate options
·
Step Five: Make your decision
·
Step Six: Implement and reflect
Write a four to five (4
-
5) page paper in which you:
1. Define the problem in
the scenario that you have chosen.

assignment asks you to apply a six-step to problem solving
Choose one (1) of the problem scenarios as a topic choice for
years. You have returned to college to earn a Bachelor’s
degree in order to increase your chances for a promotion. You
are nearly finished with your degree, when a supervisor’s
position in a competing company becomes available in another
state. The start date is in two (2) weeks, during your final exam
period for your courses. The position offers a $15,000 per year
salary increase, a car allowance, and relocation expenses.
Your former supervisor works for the company and is
recommending you for the position based on your outstanding
job performance; if you want the job, it’s yours. All of the other
supervisors at this level in the company have Master’s degrees,
so you know that you would be expected to earn your
Bachelor’s degree and continue on to a Master’s degree. Your
present company offers tuition reimbursement, but the new
company does not.
Review the six-step problem solving process outlined in the
located at http://www.gdrc.org/decision/problem-solve.html:

ion
Write a four to five (4-5) page paper in which you:
1. Define the problem in the scenario that you have chosen.

Points 150Assignment 2 Problem SolvingCriteriaUnacceptab.docx

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