Business Law II "Breach of Contract"

label Law
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schedule 1 Day
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Joanna verbally contracts to work with Jimmy for three-years. After Joanna starts work, Jimmy fires her without cause. Joanna sues Jimmy for breach of contract. Is Joanna likely to recover under the contract? Is there some other legal theory that might support a legal recovery?

Jun 30th, 2015

Thank you for the opportunity to help you with your question!

Oral contracts are in reality more difficult to prove as compared to written contracts that is the reason written contracts should be made. Most likely the opposition has easily won unless a reliable or solid proof is provided such as a witness or a recording video/audio made when the contract was formed. It is all mainly about finding a mistake made by the opposition and using it to her advantage.

There is still a chance for Joanna to recover, the first thing that needs to be done is that she must first prove that a contract had formed with Jimmy. These are some points to focus on : 

  1. Get organized. Know how you will present your case, what your evidence is, and hopefully know what the other party will be claiming so that you can counter it.
  2. Collect all of your documentation. The judge will want to see it. This includes pictures, checks, letters, receipts, and all other pertinent materials.
  3. Show original documents if possible. Since copies can easily by changed, the original document will help eliminate questions and doubts.
  4. Provide witnesses if possible. Be sure to talk to each about being honest and controlling their temper and language.
  5. Control your anger no matter what the other person says. Don't interrupt the judge or the other party. You want to be seen as cooperative. Let the other person annoy the judge.
  6. Never lie to the judge, even if you have done something wrong. It may come back to get you later. Even if the other party cannot prove that you lied about your action, the judge may be able to see through it.
  7. Present only the facts and stay on the subject. The judge cannot rule based on information that doesn't pertain to the case at hand. The other party may have been convicted of assault but if it wasn't against you or doesn't pertain to your suit, forget about it.
  8. If you make a statement, be prepared to support it and provide as much evidence as possible.
  9. Visual evidence is usually the best followed closely by or supported by reports from esteemed professionals or public servants such as doctors, a CPA, or public service employees such as a police officer.
  10. Practice giving complete and articulate answers based on fact, not emotion. The judge cannot rule based on how you feel about something unless you are claiming emotional damages.

Please let me know if you need any clarification. I'm always happy to answer your questions.
Jun 30th, 2015

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