When defined as, “Failure to live up to the

When one of our
most sought out high-stakes poker dealers, Enoch Thompson was approached by our
competition’s manager Shirley Eugest, proposing a substantial raise, word quickly
spread  like wildfire, ultimately reaching
WAC’S very own manager Sal Pending. Understanding that if Thompson were to except
the Venetian Flamingo’s offer, WAC would lose one of our most marketable employees
to our direct competition, Pending hastily promised Thompson a promotion which
included an enticing 50% pay increase, and a five-year contract to affirm his continued
position with WAC. Nine Months following the initial promotion proposal,
Thompson was subsequently dismissed pending WAC’s corporate downsizing. It’s
fair to say that in lieu of the promises made to Thompson, who inherently
believed the promises made to him to be factual, furthermore turning down a
promising offer from Venetian Flamingo Casino, could eventually become a considerably
larger issue then once conceived. ­­This memo is conducted in the purpose of articulating
and brainstorming ideals on the best way to handle this delicate situation in a
manner that is not only in the benefit and safeguard of the WAC corporation,
but also ethically, morally, and lawfully sound and in accordance to Nevada state
common law.

After careful evaluation
of the evidence surrounding this incident, some of these details are quite concerning,
more specifically, the agreement made between manager Sal Pending and Enoch
Thompson. With breach of contract being a major troubling consideration, It is
important to understand the ethical
implications of Pending’s actions, and what exactly jt means to be in breach of
a contract.  According to Black’s Law
Dictionary, breach of contract is defined as,  “Failure to
live up to the terms of a contract. The failure may provoke a lawsuit, in which
an aggrieved party asks a court to award financial compensation for the loss
brought about by the breach. A legal cause of action in which a binding
agreement or bargained-for exchange is not honored by one or more of the
parties to the contract by non-performance or interference with the other
party’s performance. If the party does not fulfill his contractual promise, or
has given information to the other party that he will not perform his duty as
mentioned in the contract or if by his action and conduct he seems to be unable
to perform the contract, he is said to breach the contract.”  Although no physical contract exist, it is
important to understand that an oral contract or agreement can also be legally
binding. A few questions we should ask ourselves when dealing with a situation such
as this is:

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·     
Can
Thompson legally enforce Pending promise?

·     
What
theory/theories might Thompson use to try to enforce Pending’s promise?

·     
If
Thompson were to file a lawsuit and win, what sort of damages or other remedies
might he be entitled to?