Exam 3: The Employment Relationship: Creation and Termination of Employment

A non-breaching party must make reasonable efforts to lessen the consequences of the breach, according to this principle.

List three ways in which an employee may violate the morals clause of an employment contract.

The Statute of Oral Contracts requires that certain types of contracts be in writing in order to be enforceable.

Discuss the concept of employment at will. Then discuss the exceptions to employment at will based on contract law and public policy. What is your view of this rule? Do the public policy exceptions to the rule give enough protection to employees?

Give three examples of types of contracts that must be in writing according to the Statute of Frauds.

Courts will not uphold penalty provisions in a contract.

Whenever you begin to draft a contract or start a negotiation, you should take the perspective of which of the following?

Many states have passed __________ statues providing that employees who report illegal activities allegedly committed by their employer shall not be subject to discrimination or retaliation by the employer.

The amount of authority designated by the principal to an agent is known as promised authority.

Liquidated damages provisions are used when parties are not able to ascertain the exact damages attributable to a breach.

In most contract cases, a non-breaching party may be compensated for the loss of the bargain through punitive damages.

Coach Able has been the football offensive coordinator at NCAA Div. I Smart University for 5 years. The head coach of 20 years, Coach Goodnight, has just retired amid allegations of recruiting violations. Coach Able has been selected by Smart University to take over as head coach. Smart University has a tradition of academic excellence among its athletes and prides itself on a number of Academic All-Americans. Smart U. wants to continue the excellence it has achieved in its football program both competitively and academically and also ensure that its coaches are held to a high standard of compliance to NCAA rules and regulations. Since football is Smart U's only revenue sport it cannot afford an NCAA investigation into recruiting practices and it must avoid any bad publicity associated with the football program. Discuss the importance and legal significance of termination for cause clauses in coaches' contracts? You should specifically address whether NCAA rules compliance is commonly included or should be included among the circumstances that could lead to termination for cause. Locate and provide at least three sample clauses in current D-I football coaches contracts with these types of clauses. Lastly, if you were proposing a clause to be included in Coach Able's contract related to NCAA compliance would you recommend any of your sample clauses? If so, why? If not, could you craft an acceptable clause from the samples you located and based on your research regarding the importance of these clauses?

In an employment contract, the reassignment clause gives an employer the right to transfer an employee to a different employment position than the one for which he or she was originally hired.

Minority is an example of lack of capacity to enter into a contract.

Specific performance is often used as a remedy in personal services contracts.

You may have an enforceable contract if there is no consideration.

__________ refers to the legal competence of a party to enter into a contractual relationship.

The formation of a contract has which of these four fundamental aspects?

A non-breaching party must act reasonably to lessen the consequences of the breach, according to the principle of mitigation of damages.

Sometimes employees attempt to bring defamation claims against employers who disclose unfavorable information about them. However, employers have a(n) __________ to disclose pertinent information in good faith to those who have a legitimate need for that information.