1. Based on your knowledge of contracts, discuss the following case. Be sure to support your view with the facts and the law.
Maurice is an accountant who works for the firm of Addum, Upp, &Paymee. Maurice was approached by Shirley Eugest, who represents one of Addum’s competitors, BeanCounters, Inc. Maurice was offered a substantial raise to leave his company and work for BeanCounters. When Maurice’s boss heard this he called him in and said, “If you stay with us, I promise that next year you will receive a promotion with a 50% raise, and a 5-year contract.” Maurice turned down the offer from BeanCounters and stayed with Addum. Nine months later Maurice was dismissed due to corporate downsizing. Can Maurice legally enforce his boss’s promise? What theory or theories would Maurice use? Discuss fully.
2. Read the scenario set out below and discuss the questions that follow it:
Art Fleming is a design engineer with a proven track record in the field of electronic musical instruments. He recently designed a new VLSI (very large scale integrated) chip. This chip is meant to be the heart and soul of a digital sampling keyboard to be called WAVE. Fleming believes the WAVE will set a new industry standard. He wishes to organize a business enterprise to build and market it. He has a meeting with his lawyer and conveys to her the following bits of information:
a. It will take approximately 2 years to turn the VLSI chip into a marketable product;
b. Fleming has more than $200,000 in savings from previous ventures. He does not want any of that money to be at risk in this new venture. However, he wants part ownership. He is unsure what percentage he wants.
c. Currently, 5 investors are willing to put money into the venture. Only 2 of the 5 want to play an active role in the enterprise. Fleming is willing to give these 2 some limited control.
d. Fleming knows that he is not qualified to manage the new endeavor. Nevertheless, he wants a significant say in how it proceeds.
e. Five more investors could be attracted to this project, but only if they could be guaranteed some fixed return on their money or could realize immediate tax benefits from investing.
f. Fleming would like Scott Ladd, a manager much in demand in the electronics field, to be his CEO. It would take significant incentives to attract Ladd to the enterprise.
Fleming is not committed to using any particular type of business organization; he is interested in weighing the alternatives.
What form of organization should Fleming choose for his new venture? Why? What are the advantages and disadvantages of the form you have chosen? Be sure to support your views with the facts and the law of Business Organization.