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Your Are the Judge Essay

In: Business and Management

Submitted By mdziedzic7
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Case Example C:

Legal Issues: The legal issues that are involved in case example 3 with Cy not following through with the contract he signed several months after being hired at the computer firm include a “breach of contract.” HawkaWaka Inc. must have their best interest in mind as the result of Cy opening a competitor business may cause foreseeable harm. With this the company must ask the following questions to make sure they will be thoroughly prepared to take on the case with confidence. Additionally Cy must be able to prove that his company won’t pose and threat or loss of business to his former employer. In the defense of Cy, the employer did not require that this document be signed until several months after Cy was hired. Cy believed that not signing the contract would pose a threat to his job stability and felt obligated to sign it. What type of breach did the defendant commit and how will it affect the company? What type of damage will the defendant cause the company presently, and in the future? In this case example, the breach of contract fall under the “inferior performance” category. As a result the plaintiff has the right to prove that the defendant in fact broke the contract and find the best way to recover restitution and recover damages. In the defense of Cy, the company must be able the questions in their defense. These include, why was Cy not required to sign this document prior to being hired at the firm? Is this a special circumstance or are all employees required to sign this after being hired, or a some presented with the terms at the time of employment. (Cheeseman, H. pgs. 235-238).
Plaintiff's Arguments: In Cy’s case, because he voluntarily left the company, the contractual duty had not been discharged or excused, and he was still obligated fulfill the contract that he signed. Because of the information that Cy was able to...

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