8/12/2019 mach12memo (2)

http://slidepdf.com/reader/full/mach12memo-2 1/2

1

MEMORANDUM

TO: Dr. Johanssen

FROM: Mohammad Hammad

RE: Issue involving Dr. Johanssen

DATE: February 19, 2014

Relevant Facts

David Johanssen is a doctor specializing in internal medicine. Before David became a doctor he was

working as a physician’s assistant for MegaHosp. MegaHosp is a large corporation that owns hospital

national wide. David worked for the Rincon County Hospital for several years that was owned by

MegaHosp. The local hospital manager is Paul Vermeer who is a close friend with David father.

David was considering quitting working at the hospital and wanted to go to medical school. Paul was

aware of David’s consideration and wanted to support his decision, so Mr. Vermeer invited David and

his father to dinner to tell them that MegaHosp is willing to help by offering the following

1)  David would go to an AMA accredited medical school of choice. After graduation from medical

school, and passing any state required licensing exam, MegaHosp would reimburse David for

tuition, lab fees, book, and room and board related to medical school.

2)  David would then go to work for MegaHosp for four years, at the same rate of pay that he

earned as a physician’s assistant. 

A written memorandum containing these terms was written. After discussion the implications of the

offer between Davis, his father and Mr. Vermeer, at the end of the discussion David agreed and

accepted the deal fully realizing that MegaHost will pay significant costs of medical school and the fact

that after medical school David would be working for substantially less than a typical doctor would

make.

Question Presented 

Who will likely to prevail?

Short Answer

The statement didn’t specify wither  Dr. Johanssen did actually cash the check or not. So Depending

wither if Dr. Johanssen did actually cash the check received. If he did then Megahost will have a better

chance of winning the lawsuit, because after when both parties agreed that Dr. Johanssen will no longer

go further with the agreement signed. In the other hand if Dr. Johanssen didn’t cash the check sent to

him, he is more likely to win the lawsuit because Mr. Vermeer which is a representative from MegaHost

agreed to the fact that David wanted to no longer go fulfill the agreement signed.

8/12/2019 mach12memo (2)

http://slidepdf.com/reader/full/mach12memo-2 2/2

2

Discussion

In contract law, a breach of contract is a failure to perform the contract agreement which defeats the

purpose of making the contract in the first place. In deciding whether a breach is material, courts often

look to guidance from a legal guide known as the Restatement (Second) of Contracts, as well as to other

court decisions that arose from contract disputes. An example of the things might affect the decision of

the final judgment is based on the amount of benefit received by the nonbreaching party, whether the

nonbreaching party can be adequately compensated for the damages, the extent of performance by the

breaching party, hardship to the breaching party, negligent or willful behavior of the breaching party,

and the likelihood that the breaching party will perform the remainder of the contract.

Now we know that both parties agreed on no longer fulfill the contract since there were no damaged

occurred, David is more likely to win the lawsuit because Mr. Vermeer agreed on David’s decision

without any further actions of making David to fulfill the contract agreed upon.

There are different types of breaches Minor breaches, Material breach, Fundamental breach and

Anticipatory breach.

Conclusion

In our case our client did confront the other party of their contract breach and the other party did agree

of David’s decision. So David can no longer be held on the contract signed.