1. Geneva Mapack, a recent graduate of Drexel University, is a first-year associate with the MacAndrews Consulting Group. The partner in charge of a major strategy study for an important new client in the shipping business has asked Mapack to call low-level employees in competing shipping companies to gather competitive data to be used to devise a winning strategy for the client. She was instructed not to identify the client but to introduce herself as a consultant doing an analysis of the shipping industry.
Assume that Mapack knows that senior managers in the competing firms would consider the data she is collecting proprietary and would not talk with her at all if they knew that she worked for a direct competitor. Is it ethical for Mapack to question the lower-level employees without revealing that she is working for a direct competitor? What should she do if after telling the partner that she considers it unethical to make the calls, she is told that consultants do this all the time and that refusal to do it would be a career-limiting move?
2. Cassandra Washington is a manager/buyer in charge of purchasing children’s shoes for a large retail store chain. She is also a die-hard football fan. This year, the Super Bowl will be played in the Superdome in New Orleans, Louisiana, her hometown. Washington’s favorite team, the Eagles, is expected to reach the Super Bowl.
Currently, the store chain carries four brands of children’s rain boots. In an effort to streamline its product line, the CEO has decided to cut back to three brands of rain boots, leaving to Washington the decision of which brand to cut. Assume that all four brands are equally profitable. If the makers of Brand One send Washington a pair of Super Bowl tickets, should she accept them? Does it matter whether the maker of Brand One is also a close friend of hers?
BLAW 201 Week 5 Review Case Problems
Review Case Problems
1) Calley sold an automobile to Bailey, delivered the car and received the full purchase price. Ten days after the sale Bailey discovered that Calley had sold similar cars and had made agreements with the buyers to keep the cars in repair for one year free of charge. Bailey drove the car to Calley’s garage and demanded that Calley make a similar agreement with him. Calley accordingly gave Bailey a written agreement stipulating that he would cover all necessary repairs for a period of one year free of charge. At the end of nine months the car required overhauling and Bailey had the repairs made at Calley’s garage at the cost of $850. Is Calley liable for the repairs?
2) DeLuca owed Caruso $5,000 which was due and unpaid. DeLuca was negotiating for the purchase of a new house and realized that if Caruso demanded payment of the $5,000 after he had invested all his available cash in the new house, he, DeLuca, would be in an unfortunate predicament. He therefore went to Caruso and explained the whole situation to him, and requested a one-year extension of the $5,000 debt. Caruso expressed willingness to go along under the circumstance and gave DeLuca a written promise not to sue on that obligation for the period of one year. Two days later, and before DeLuca had entered into a binding agreement to purchase the new house, DeLuca received a letter from Caruso revoking his promise and demanding immediate payment of the $5,000 debt, and in which he threatened to sue for the debt if payment was not made immediately. Answer the following questions relating to these facts, and discuss your reasons fully:
(a) Is there consideration for the promise of Caruso not to sue for one year?
(b) Could the written promise not to sue be subject to any other argument for enforceability by DeLuca?
(c) In what regards, if any, would your answers to (a) and (b) above be changed if DeLuca had entered into an agreement to purchase the house before his receipt of Caruso’s letter?
3) West mailed the following note to Carter:
January 8, 1989
Because of our long friendship, I promise to send you $2,000 within a week. I know you can use the money for your son’s college tuition, and you can sue me for it if I don’t pay. Witness my hand and seal.
(Signed) John B. West
West never paid the $2,000. The week having passed, Carter brings suit against West. Who wins? Discuss fully the principles of law involved.
BLAW 201 Week 6 Review Case Problems Chapter 16
Review Case Problems
1. In 2007, Justin’s Inc. suspected and accused one of its employees, Alfred R. Albrect, of theft. The union to which Albrect belonged negotiated an oral contract with Justin’s whereby Albrect agreed to accept a permanent layoff if Justin’s would not report the suspected theft to the state’s unemployment agency so that Albrect could collect unemployment benefits. Justin’s agreed. It is a crime for an employer and employee to withhold relevant information from the state’s unemployment agency. Justin’s subsequently reported the suspected theft to the state’s unemployment agency, and Albrect was denied unemployment benefits. Albrect sued Justin’s for damages for breach of contract. Can Albrect recover against Justin’s?
2. John Soifer paid an unsolicited $3,000 bribe to Judge Susan Whitehead so that the judge would be lenient to a friend of Soifer’s who had a case pending before Judge Whitehead. Judge Whitehead reported the incident and turned the money over to the state’s attorney general. The state of Maine indicted Soifer for bribery and sentenced him to four years in prison. Soifer filed a motion to recover the $3,000 from the state. Can Soifer recover the money?