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Essay on Case Analysis: Pat Parker and Associates
Pat Parker, who is a lawyer that started a small research firm that writes reports and conducts political opposition research for political candidates, mainly for the Democratic Party. Pat Parker devised a research report two years earlier for Democratic nominee, Dale Jackson for the statewide Attorney General position. The research had never been used by the Democratic nominee and was subsequently donated to the Democratic Party. However, the State Academy of Trial Lawyers wanted to buy the research on the Republican Attorney General, Terry Paine in an effort to fend off any opposition attacks in the upcoming election.
There are three elements that must be proven. They include: competent parties, consideration and mutual assent or meeting of the minds. The first element is Competent Parties - For a contract to be valid, each side must have the capacity to enter into it. The second is Consideration - If the other side is to be held to the contract, you must give up something in exchange. The third is Mutual Assent or Meeting of the Minds - This means that each side must be clear as to the essential details, rights, and obligations of the contract.
Since all elements of a valid contract have been satisfied, we can conclude that a valid contract existed between Parker and the Democratic nominee. The original agreement with the Democratic party candidate specifically stated the "use of reports" (Tunick, 2000) which essentially said that the research and the publications used in the research shall not be used for "any other purpose, campaign, or person" (Davidson, 2000) and that the research was to be used during the present campaign cycle only. This type of bilateral contract basically promised that the two parties would maintain the terms of the contract between them only.
f Parker opted to sell the research, she may not be breaching the contract as the agreement outlined the term of Parkers obligation would expire upon the determination of the last election in which the Campaign has qualified its candidate....
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