Key Ambiguous Phrases Did the Court

Key Ambiguous Phrases Did the Court

Instructions/Descriptions

Key Ambiguous Phrases Did the Court

The assignment should consist of a Word Document. It should include a summary of the relevant facts, the law, judicial opinion and answer the case questions. All that is necessary for an understanding of the case is important and required.

The report must go beyond the discussion of the problem posed in the textbook, to achieve a superior grade. Do research outside the textbook- this must include research outside the case citation, do research on the parties and circumstances of the case itself and incorporate some visual modality as a part of the case analysis. Something about one of the parties, as well as some background contained in the legal opinion. Doing significant research outside the textbook is essential.

Utilize the case format below.

Case Analysis Format

Read and understand the case or question assigned.

Case: The Private Movie Company, Inc. v. Pamela Lee Anderson et al.

Show your Analysis and Reasoning and make it clear you understand the material. Be sure to incorporate the concepts of the chapter we are studying to show your reasoning.

Dedicate at least one heading to each following outline topic:

Parties [Identify the plaintiff and the defendant]

Facts [Summarize only those facts critical to the outcome of the case]

Procedure [Who brought the appeal? What was the outcome in the lower court(s)?]

Issue [Note the central question or questions on which the case turns]

Explain the applicable law(s). Use the textbook here. The law should come from the same chapter as the case. Be sure to use citations from the textbook including page numbers.

Holding [How did the court resolve the issue(s)? Who won?]

Reasoning [Explain the logic that supported the court’s decision]

Do significant research outside of the book and demonstrate that you have in an obvious way. This refers to research beyond the legal research. This involves something about the parties or other interesting related area.

Show something you have discovered about the case, parties or other important element from your own research. Be sure this is obvious and adds value beyond the legal reasoning of the case.

***Dedicate 1 heading to each of the case question(s) immediately following the case, Be sure to restate and fully answer the questions

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Questions: CRITICAL THINKING ABOUT THE LAW

We know that language is not usually clear. Words convey information but not always the information that the speaker or writer intends. Ambiguity characterizes those words and phrases that do not have a clear meaning. These ambiguous terms might result in another person’s misinterpreting what the writer or speaker actually meant. In contract law, ambiguity could create problems between an offeror and offeree, as the two parties might not be in agreement on the same terms of the contract if the contract contains ambiguous language. In Case 10-4, the parties thought they under- stood each other. Key ambiguous phrases, however, created confusion in the contract negotiations and, consequently, raised concerns about whether there was actual consent by both parties.

As business managers, it is imperative that you demand clear definitions in the contracts that you offer and accept. The following questions pertaining to Case 10-4 prompt you to consider the importance of ambiguity in contract law.

1. What key ambiguous phrases did the court discuss?

Clue: Find the legal term in dispute that the judge defined. Also, look for ambiguity in the specific elements of the contractual negotiations between the plaintiff and the defendant.

2. How did the ambiguity in the alleged contract affect the court’s reasoning?

Clue: Do you think the court would have ruled differently in Case 10-4 had the ambiguity not existed?

Wrap up with a Conclusion. This should summarize the key aspects of the decision and your recommendations on the court’s ruling.

Include citations and a reference page with your sources. Use APA style citations and references

Book Reference:

Kubasel, N. K., Brennan, B. A., Browne, M. N. (2017). The Legal Environment of Business: Critical Thinking Approach. pp. 260-265 Retrieved from http://online.vitalsource.com/#/ books/9781323829264/

Key Ambiguous Phrases Did the Court

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