Winkel vs. Family Health Care free essay sample

End Chapter Questions Chapter 9 9. 4 – Business Ethics: Winkel vs. Family Health Care FHC entered a written employee contract to provide certain benefits to Winkel. During the period of the contractual agreement, both parties entered into a modified oral agreement of the written contract. The agreement was that FHC would pay a higher salary and give a profit – share bonus. FHC gave Winkel the increase in salary a year later, but did not give in the profit-share. 1. Does Winkel receive the profit sharing bonus? Yes!Because in the State that this contract is performed under, Winkel is entitled to the profit share bonus. The original written contract states nothing about the raise or profit-share. Unfortunately because FHC went into an oral modification of the written contract which is permitted in the State, FHC must hold to its oral obligation. 2. Did Dr. Vranich of FHC act ethically in raising the defense that the contract was not in writing? No! Dr. We will write a custom essay sample on Winkel vs. Family Health Care or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page Vranich did act ethically by owning up to one part of the oral modification in paying Winkel the higher salary.By executing one portion of the oral modification she maybe felt she did not have to execute the other portion. Dr. Vranich did not act ethically in raising this defense because an oral modification was made and partially executed which in the State that this occurred allows an executed oral agreement. Chapter 10 10. 7 – Implied Terms When considering the case of Cerdes vs. Wright, we have a situation where implied terms can be involved. What makes this case implied is because we are dealing with a modern contract that allows certain situations of the contract to be somewhat flexible.In this case, Cerdes is suing Wright for breach of contract. Cerdes did not finish the job in enough time that was suitable for Wright. Therefore Wright proceeded to hire other service to complete the job. Due to the fact that time was the purpose of the change in contractors, implied terms can be enforced. The length of time that should be assumed in this case if not stated in the contract should be based on the job and how long it should typically take for a construction of a house. You would be able to determine this by an average number of homes that size being built.If the Cerdes is discovered to have taken too much time, then he should not be awarded the full amount of the contract. Chapter 11 11. 4 Preexisting Duty In this case a contract has been constructed to Gough to provide certain things in the construction of a shoe store. After Gough completed the task, the next day the project fell apart. Even though the contractor told Gough to comeback and rebuild the project and also would pay, Gough may not be allowed to recover his money. The reason for this is because the original contract stated that they were responsible for all of the Labor!!!Therefore because it was a preexisting duty the initial contract is what is considered. Chapter 13 13. 1 – Unilateral mistake In the Case of Steele vs. Goettee, Goettee signed a contract handing over an estate that was estimated at a certain square footage. It was revealed that there was a Big mistake in the estimation of the property. This has caused the value of the offer to go up and now the Steele family is suing. Because this is a matter where there was a miscalculation in numbers and it also would be a steal if this contract had went through, the estate holder can rescind the contract.