The Unfulfilled Promise Case Study Essay

December 2, 2022

The Unfulfilled Promise Case Study Essay

Order Number	636738393092
Type of Project	ESSAY
Writer Level	PHD VERIFIED
Format	APA
Academic Sources	10
Page Count	3-12 PAGES

Instructions/Descriptions

The Unfulfilled Promise Case Study Essay

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This assignment was locked Dec 5 at 12pm.

This assignment can be found in Discussions. Please carefully read the Instructions found in Module – Hello, Read me First, How to Navigate this Course, Step 2.

You will be assigned to a Discussion Forum based on the first letter(s) of your last name. If you are unsure of your forum, please email with the title of the forum to which you believe you have been assigned .

Many students forget to proofread their work, forget to post a response or, forget to reference the readings at least once. Please watch out for these details that may cause you to lose points.

THE CASE OF THE UNFULFILLED PROMISE

Victor, age ninety, had a very valuable violin collection consisting of 10 violins, cases and bows. He was frail and was helped by a niece Arianna, who was an excellent violinist. Two weeks after making a new will, Victor told his niece that he was going to give her the violin collection. “It’s yours,” he said, adding that he would temporarily hold on to the collection for safekeeping. Arianna happily accepted. That same day he also sent Arianna a letter in which he said, “I give you my violin collection, and when I die, it will be yours.”

Victor died five weeks later. In his will dated prior to the letter, which did not refer to the violins, he left his entire estate to his two children. Arianna brought suit against the estate to have the violin collection declared her property.

The Trial

Arainna testified at the trial about the help she had given her uncle over a period of fifteen years. She produced the letter her uncle had sent her and recalled their many conversations during which her uncle had promised to give her the violins. There was additional testimony that Victor’s children had never even picked up a violin and had been estranged from their father for years.

The Arguments at Trial

Arainna’s attorney argued that the collection belonged to Arianna because Victor had gifted the violins to her during his lifetime and that there was symbolic delivery. He further argued that Victor’s keeping possession of the violins was solely to protect them and in no way invalidated the gift. He also argued that to deprive Arianna of the collection that her uncle obviously wanted to give her would be against Victor’s wishes.

The children’s attorney argued that the will was validly executed after the letter was sent and promises made orally or in writing do not constitute valid gifts. They further argued that actual and not symbolic delivery is an essential requirement for a gift to be deemed valid.

Questions to Discuss

Who has the stronger argument, Arianna or Victor’s children? Why?

If you were the jury hearing this case, for whom would you decide? Why?

Should considerations of fairness and the intentions of the person making the will take precedence over a validly executed will?

What problems do you think could arise if oral or written promises were considered under the circumstances of this case?

How to Navigate this Course Step 6 -You’re on the Jury

This covers the You’re On the Jury assignments that will be done in the Discussions. Have fun with this one!

You’re On the Jury (2 Juries for a total of 40 points) (18% of Grade)

In the semester there will be posted in the Discussions a fact scenario that relates to the material in the textbook and additional readings. A series of questions will be posted with this scenario. Each student who participates in this discussion can receive up to 15 points per scenario for the answers and 5 points for the response.

Participation is defined as posting one’s comments or answers to the questions in the assigned forum and responding in any forum. Have a discussion please. If you wish to respond in a different forum, you’ll first have to post a short introduction and then you can see the threads in that forum.

“Yes” or “No” or “I agree” is not an answer nor is it a response. I’m looking for developed answers that include an analysis of the scenario in relationship to the content of the reading materials. A response is a comment to someone so please indicate whose post you are responding to and develop your answer. I don’t know the context for your response if I don’t know who, by name, you are responding to. The statement, “I agree with you”, doesn’t tell me who you are responding to as all I see is a string of names.

The following is from a student who posted a long response but really didn’t say anything: “I agree with all of the examples and such that you gave. The examples you gave from the book are very good and are actually substantial. I agree with your viewpoints as well. I would be in favor of xyz in this situation as well for the reasons you had said and other reasons listed in my post. Overall, great post! Keep up the good work!” What did this student say besides “I agree with you”?

There must be at least one reference to chapter/page/additional reading in a student’s discussion. If a student chooses not to participate, no points will be received. Minimal participation will yield partial points.

You may find that some student(s) who posted prior to you may have covered the points you wanted to cover. Explore the material to see if there isn’t something additional to add or a new perspective. Perhaps you can explore the “opposition” side. I’m looking for analysis using the scenario facts and the materials in the readings – there is no right or wrong answer – it’s how you discuss and support your position that’s critical. That means some legal theory for your answer must appear. However, an incorrect application of the material, e.g., a tort concept in a breach of contract action without adequate support will result in some point deductions.

Remember, there are always different ways of looking at things – You say goodbye and I say hello. There is a certain amount of vagueness in the facts of each scenario to allow for different perspectives.

Students will be divided into groups according to the first letters of their last names. (Jury 1 A-C for example). Each group will be assigned a different scenario. Please monitor Canvas’s Discussion to see which Scenario/Group you have been assigned to. While a response can be posted in any forum following the directions above, the initial post must be submitted in the assigned forum.

All forums are deliberately kept to a maximum of 5 members in order to allow each member enough new material to discuss. If the forum gets to large because students outside the forum post to the initial questions, it robs the forum members of an opportunity to demonstrate their analytical skills.

If a non-forum member submits an initial post, not a response, in the incorrect forum, it will be treated as a response for purposes of grading and given no more than 2 points.

All discussions will be posted in the Discussions section. That is also where the Scenarios will be found. Each student’s analysis/discussion must also be posted in the Discussions.

When you respond to another’s post, please indicate the student(s) to whom you are responding. It can be difficult to follow your response if I don’t know the basis for that response. And please, remember to introduce yourself as a visitor to that forum as a matter of courtesy. This is important – you must create a new thread to introduce yourself before you can read the other students’ posts. You don’t need to do this in your own forum. In fact, do not do it. Creating a new thread in a forum to which you weren’t assigned and answering the scenario questions as though the answers are a response, won’t count as a 5 point response. That will result in a maximum of 2 points towards the 5 points for a response.

DO NOT prepare your answers as an attachment. I won’t open it to grade it and I don’t expect another student to open an attachment from someone they don’t know.

Spelling and grammar are a part of the grading and deductions will be taken if there are errors in these areas.

There are NO MAKEUPS for this assignment if missed. You will have a minimum of 4 days in which to complete the scenario to which you are assigned. I will not take these late because once the dates have passed, the class has moved on and the discussion is no longer taking place. Posting a late response will therefore not contribute to the class discussion, which is why they won’t be accepted.

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You are required to create a thread and post something before being able to view the other students’ posts. I have observed that some students attempt to “scam” the forum by posting a sentence in their assigned forum as their initial answers. That enables them to view the other posts. Then they will be able to continue their answers in a second post having the benefit of seeing what others have written. If I believe you’ve done that, you’ll receive points only for the first post which is generally -0-.

Do not edit your original post unless you ask me first. I will treat an edited post according to the requirements laid out in the paragraph preceding this one.

I can tell if you’ve done this due to the lapse of time between your “introduction” post and then the actual answers to the scenario. If you accidentally click “submit” before you are finished, then email me immediately and tell me what you’ve done so I can keep that in mind when I grade your initial post.

The Unfulfilled Promise Case Study Essay

RUBRIC

Excellent Quality

95-100%

Introduction

45-41 points

The context and relevance of the issue, as well as a clear description of the study aim, are presented. The history of searches is discussed.

Literature Support

91-84 points

The context and relevance of the issue, as well as a clear description of the study aim, are presented. The history of searches is discussed.

Methodology

58-53 points

With titles for each slide as well as bulleted sections to group relevant information as required, the content is well-organized. Excellent use of typeface, color, images, effects, and so on to improve readability and presenting content. The minimum length criterion of 10 slides/pages is reached.

Average Score

50-85%

40-38 points

More depth/information is required for the context and importance, otherwise the study detail will be unclear. There is no search history information supplied.

83-76 points

There is a review of important theoretical literature, however there is limited integration of research into problem-related ideas. The review is just partly focused and arranged. There is research that both supports and opposes. A summary of the material given is provided. The conclusion may or may not include a biblical integration.

52-49 points

The content is somewhat ordered, but there is no discernible organization. The use of typeface, color, graphics, effects, and so on may sometimes distract from the presenting substance. It is possible that the length criteria will not be reached.

Poor Quality

0-45%

37-1 points

The context and/or importance are lacking. There is no search history information supplied.

75-1 points

There has been an examination of relevant theoretical literature, but still no research concerning problem-related concepts has been synthesized. The review is just somewhat focused and organized. The provided overview of content does not include any supporting or opposing research. The conclusion has no scriptural references.

48-1 points

There is no logical or apparent organizational structure. There is no discernible logical sequence. The use of typeface, color, graphics, effects, and so on often detracts from the presenting substance. It is possible that the length criteria will not be reached.