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Business law

by: Llamaq Bhuriwala

Business law

Llamaq Bhuriwala

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About this Document

Chapter 10 notes
court cases
75 ?




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This 1 page Bundle was uploaded by Llamaq Bhuriwala on Monday April 25, 2016. The Bundle belongs to at University of Texas at Austin taught by in Summer 2015. Since its upload, it has received 7 views.


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Date Created: 04/25/16
Chapter 10: Nature and Classification of Contracts  Contract- involve 3 elements; consideration, capacity, and legality ­ “A contract is a promise or set of promises for the breach of which the law gives a remedy, or the performance of which the law in some way recognizes as a duty.” ­ Anything in business will be governed by contracts ­ A much simpler definition is that a contract is an agreement that a court will enforce ­ Its an exchange of valuable promises ­ It gives us legal advice ­ It also gives us the right to sue; have it in writing  Case of Amir Al-Dabagh vs. Case Western Reserve University- ­ Issue: The plaintiff was a medical student known to have behavioral issues; he grabbed a girl’s butt, insulted the patient’s family, and always got in trouble ­ It referred to the Student Handbook- the case said that doctors need to care about the patients and the people ­ Plaintiff sued after he got the DUI and the school kicked him out ­ The Court said it can’t regulate his grades, it only deals with the law; it said that the decision was neither capricious or neither arbitrary; they upheld the decision by the school. ­ Case Western’s student handbook supplies the contract’s terms, as the parties agree, and makes clear that the only thing standing between Al-Dabagh and a diploma is the Committee on Student’s finding that he lacks professionalism. ­ The student handbook- the governing contract-says professionalism is part of Case Western’s academic curriculum at least 4 times. ­ Dismissing a medical student for lack of professionalism is “academic,” ­ The conclusion was that the Committee’s s professionalism determination is an academic judgement. ­ The university was within its contractual rights to deny a diploma to Al-Dabagh ­


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