Business Law Simulation Exercise for Managers

Business Law Simulation Exercise for Managers

Business Law Simulation Exercise for Managers: Contracts
Memo Assignment #3 – Individual Option

Introduction: Analyze the Stipulated Facts (P. 310-312) and Longville Case Law (P. 312 – 315) and spot as many contract law issues as possible. Articulate the issues in a 2-3 page neutral (i.e., not advocating a particular side) memorandum.

Assignment:

1. Review the Concept Summaries and your notes from Chapters 6 and 7 in the textbook.

1. Study the Stipulated Facts and Longville Case Law in the Simulation Exercise that begins on Page 310.

1. Compose a 2-3 page neutral memorandum that outlines each legal issue present with a short explanation of the applicable legal rules or doctrine. The sources of law for this memorandum are the textbook’s chapters on contract formation and performance (Chaps 6 and 7) and the Longville case law.

1. Note that you should not write as an advocate on one side or the other. Rather, you should be as objective as possible in spotting any and all potential issues that could arise in the case relating to contract formation, performance or enforcement of the restrictive covenant and give the analysis as to the likelihood of success of all theories.

Criteria for grading:

1. Clarity of writing, grammar, document appearance/formatting;

1. Articulation of all potential issues presented;

1. Quality and depth of analysis;

1. Submitted on time

Introduction: Analyze the Stipulated Facts (P. 310-312) and Longville Case Law (P. 312 – 315) , spot as many contract law issues as possible, and then work with ONE partner to write a 3-5-page memorandum that advocates a particular side of the dispute.

Assignment:

1. Review the Concept Summaries and your notes from chapters 6 and 7 in the textbook.

1. Study the Stipulated Facts and Longville Case Law in the Simulation Exercise.

1. Advocate for either NA or Blackwell.

1. Compose a 3-5-page memorandum that focuses on the enforceability of the restrictive covenant. Your memorandum should contain: 1) a brief summary of relevant facts of the dispute; 2) an explanation of each legal issue in the analysis with an application of legal rules or doctrines governing the dispute; 3) a list of all remedies that your side is entitled to; 4) a tenable solution to resolve the dispute in a non-judicial forum. Your memorandum should articulate arguments that support your side of the case by citing directly from the Longville cases points of law and opinion excerpts (use a simple parenthetical citation format with the first name of case and point/excerpt number such as Wellspan at Point 2, or Regional at Excerpt b1”).

1. Be sure to explain why you cited a particular point. Start with your strongest argument and give an analysis as to the likelihood of success of each theory.

1. In determining a tenable solution, carefully consider the objectives of each party (e.g., NA’s desire to protect their legitimate business interest; Blackwell’s desire to practice medicine in southwestern Longville).

1. Submit one paper with the name of each partner on it.

1. Both partners will receive the same grade for this option.

Grading Criteria:

See Grading Chart.

Grading Chart:

Possible

Score

5

Facts

(5)

Relevant summary of facts used throughout analysis

10

Analysis

(2)

Demonstrated understanding of legitimate business interests

(2)

Demonstrated understanding of balancing tests

(2)

Demonstrated understanding of reasonable scope and duration

(2)

Used case law to support points

(2)

Offered a tenable non-judicial solution

5

Writing style

(3)

Sentences were direct, clear and concise with appropriate syntax and legal expression

(2)

Paper format and appearance

(1)

Timeliness

Total

20

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