Ask Question, Ask an Expert

+1-415-315-9853

info@mywordsolution.com

Ask Business Law & Ethics Expert

Problem statement: Please provide explanation addressed to our client, fully discussing the legal and equitable defenses this case will likely present, and discuss who will likely prevail, and why.

Our firm represents David Johanssen, a doctor specializing in internal medicine.

David worked as a physician's assistant for MegaHosp, a large corporation which owns hospitals throughout the country. He worked for the Rincon County Hospital for years, which is owned by MegaHosp. The local hospital was managed by Paul Vermeer, who was close friends with David father.

Mr. Vermeer was aware that David had considered quitting his job and going to medical school. Mr. Vermeer invited David and his father to dinner many years ago, and describeed that he heard that David wanted to go to medical school, that he [Mr. Vermeer] supported that decision, and that MegaHosp was willing to help. He made the following offer:

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.
Mr. Vermeer provided David with a short, written memorandum containing these terms. He describeed that he had invited David's father to join them both because his father was an old friend and because he realized that David was naïve about contractual matters, and that he wanted David to be able to discuss the matter with his father.

David, his father, and Mr. Vermeer discussed the implications of the offer, which included the 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. After a couple of hours of discussion, David said "I accept" and they toasted the deal.

While in medical school, David periodically corresponded with MegaHosp, providing MegaHosp with copies of receipts showing his medical school related expenses. In 2010, David graduated from medical school and took and passed his licensing exam. Two weeks later, he received a check from MegaHosp for $222,322, which was the exact amount of the receipts that he had provided to MegaHosp over the years. With the check was a brief note from Mr. Vermeer, congratulating David for becoming a doctor, and inviting him and his father to join Mr. Vermeer for dinner the following week.

During their subsequent dinner, David thanks Mr. Vermeer for the check, but describeed that he had had a change of heart, and was committed to providing medical services to the homeless, and that he had taken a job with a clinic in the inner city. Mr. Vermeer responded by saying that he had looked forward to the chance to work with David (now Dr. Johanssen) but that he respected his decision, and that it reflected well on his intergrity and social consciousness. Nothing was said by anyone about MegaHosp's payment of over $200,000.

Almost three years later, Dr. Johanssens' father died. A few months later, just as Dr. Johanssen was completing his third year of work at the clinic, MegaHosp filed a lawsuit against Dr. Johanssen seeking specific performance of the agreement or, alternatively, recovery of the $222,322 it had paid, plus interest. The statute of limitations for breach of contract claims is four years for unwritten contracts and six years for written contracts

Business Law & Ethics, Finance

  • Category:- Business Law & Ethics
  • Reference No.:- M938044

Have any Question? 


Related Questions in Business Law & Ethics

Questionwrite a report that covers the following1-

Question: Write a report that covers the following: 1- Explanation of the AAIOFI mandates, which is applied for selecting Shariah-compliant stocks for Islamic fund investment. 2- Analysis of the company's financial Repor ...

Select 1 of the following disorders reactive attachment

Select 1 of the following disorders: Reactive attachment disorder Disinhibited social engagement disorder Post-traumatic stress disorder Focus your discussion on the following: What are some of the symptoms? What would t ...

As this class draws to an end you covered a vast amount of

As this class draws to an end, you covered a vast amount of material pertaining to business law. From the classifications of law, contract formation, illegal agreements and various types of property, to business ethics, ...

Write a 1050- to 1750-word paper discussing policing

Write a 1,050- to 1,750-word paper discussing policing practices and operations. Include an assessment of the following: The relationship between traditional organizational structures of policing agencies Communication p ...

Trials and verdictsin the scenarios and resulting

Trials and Verdicts In the scenarios and resulting simulations, Tim Smith, senior criminal lawyer, discusses select cases and asks a paralegal to indicate which courts would have exclusive jurisdiction of the cases in qu ...

Legal essaywrite an 800 to 1000 word legal essay on any of

Legal Essay Write an 800 to 1000 word legal essay on any of the following topics: Divorce Law (in your state), Child Custody (in your state), OR Divorce Mediation (in your state).

Disclosures by business entities about government

Disclosures by Business Entities about Government Assistance 1- Double spaced, 12 pt font, 1" margins all around 2- FORMAL DOCUMENTS ARE NEVER RIGHT JUSTIFIED. Justify left margin only. 3- Cover page, abstract, introduct ...

Legal assignmentnewspapers frequently feature stories on

Legal Assignment Newspapers frequently feature stories on how various democratic principles and processes contribute to democratic governance and impact a wide variety of issues, ranging from the distribution of flu vacc ...

Questionmark sophia and ben are partners in a small book

Question Mark, Sophia and Ben are partners in a small book selling business called TWB Book. They have no written agreement. When they decided to open their business, it was agreed that each partner could purchase goods ...

Capacitylisa is walking down the street in january when she

Capacity Lisa is walking down the street in January when she notices a young man named Denny.  Denny looks a little worse for wear, so Lisa offers to buy him lunch. As they are talking, Denny says to Lisa: "I'm in a pret ...

  • 4,153,160 Questions Asked
  • 13,132 Experts
  • 2,558,936 Questions Answered

Ask Experts for help!!

Looking for Assignment Help?

Start excelling in your Courses, Get help with Assignment

Write us your full requirement for evaluation and you will receive response within 20 minutes turnaround time.

Ask Now Help with Problems, Get a Best Answer

Section onea in an atwood machine suppose two objects of

SECTION ONE (a) In an Atwood Machine, suppose two objects of unequal mass are hung vertically over a frictionless

Part 1you work in hr for a company that operates a factory

Part 1: You work in HR for a company that operates a factory manufacturing fiberglass. There are several hundred empl

Details on advanced accounting paperthis paper is intended

DETAILS ON ADVANCED ACCOUNTING PAPER This paper is intended for students to apply the theoretical knowledge around ac

Create a provider database and related reports and queries

Create a provider database and related reports and queries to capture contact information for potential PC component pro

Describe what you learned about the impact of economic

Describe what you learned about the impact of economic, social, and demographic trends affecting the US labor environmen