Scenario- Loren Vranich a doctor performing under the corporate name Family Health Care PC., entered into a printed employment contract to hire Dennis Winkel. The contract providing for an annual salary, insurance benefits and other employment benefits. Another doctor Dr. Quan as well practiced with Dr. Vranich. About nine months later when Dr. Quan left the practice, Vranich as well as Winkel entered into an oral modification of their written contract whereby Winkel was to receive a higher salary and a profit-sharing bonus. Throughout the next year, Winkel received the increased salary. But a disagreement arose and Winkel sued to recover the profit-sharing bonus. Under Montana lam, a written contract can be altered simply in writing or by an executed oral agreement. Dr. Vranich debated that the contract could not be enforced because it was not in writing.

Questions:

1) Does Winkel receive the profit-sharing bonus?

2) Did Dr. Vranich act ethically in rising the defence that the contract was not in writing?