Question Description

1.) Suppose your friend at work says, “I don’t understand why a regular promise is not enforceable in court, but a contract is enforceable in court. What is the difference between a promise and a contract?” What would you say?

2.) Suppose Poppy owned a gelato shop in downtown Charleston. Poppy was very secretive about his gelato recipe, which he inherited from his grandmother in Italy. He required all employees working at his shop to sign non-compete agreements when they accepted employment, which read as follows:

“…employee agrees not to work at any gelato shop on Charleston Peninsula for a period of 18 months after terminating employment.”

Donny resigned from Poppy’s shop and immediately took a job selling ice cream at a café across the street.

a. What is Poppy’s best argument that the non-compete agreement should be enforced?

b. What is Donny’s best argument that the non-compete agreement should not be enforced?

3.) Suppose Paulina was a secretary at consulting firm. She had Native American heritage and held genuine religious beliefs based on her ancestral traditions. These traditions required her to wear bright colored clothing on certain days based on the lunar calendar. Several years after joining the consulting firm, the company instituted a dress code requiring all employees to wear muted colors, such as black, blue, and brown at all times. Paulina told her boss about her religious beliefs and discussed ways in which she could exercise her traditions in a way that was not distracting to the workplace. Despite Paulina’s attempts to compromise, her boss told her, “I appreciate your professionalism, but the dress code is a company-wide policy. We simply cannot make any exceptions based on your unique situation.” Paulina intends to proceed in a lawsuit for employment discrimination.

a. What is Paulina’s best argument?

b. What is the consulting firm’s best argument?