Paper the jurisdiction. It involves things to

Paper details 

Students are expected to brief TWO cases that are
assigned to them please see the Case Brief Assignments folder for list and
respond to all other cases.

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1.   
The brief should be at least 500 words but no longer than
1000 words includes;

a)   
 Facts,

b)   
Issue,

c)   
Ruling (holding), and

d)   
Rationale USE THESE HEADINGS.

A well done brief will include the use of legal terms and definitions.

2.   
Focus on the current subject matter. For instance, many
of our contract law cases will include negligence claims.

3.   
Only focus on the contract issues when we are discussion
contract law.

 

Student’s Name:

Professor’s Name:

Course:

Date:

Introduction

A
contract is usually defined as a voluntary agreement between two or more
parties that is binding and enforced by the law of the jurisdiction. It
involves things to do or what not to do between the particular groups of
parties. Breach of contract occurs when one of the parties in the contract goes
against the agreement which was binding to both parties. Most of the contract
law cases usually include negligence claims.

Stringer
V. Minnesota Vikings Football Club, 705 N.W.2d 746 (Minn. 2005)

FACTS

Korey
Stringer was a professional footballer who played for the Minnesota Vikings as
an offensive tackle in the National Football League (NFL) at the time of his
death. He died of complaints from heat strokes on August 1, 2001. Kelci
stringer and others brought a suit against Minnesota Vikings Club on February
2002. The defendants who were employed at the time of the incident by Vikings
club included Charles Barta who was the head trainer, Paul Osterman assistant
trainer, Fred Zamberletti who was the coordinator of medical services for the club.

Korey arrived on July
29, 2001 for the training camp. On July 30, 2001 he complained of severe
stomach ache. In the afternoon he vomited during practice.  Barta was called and asked to help Stringer.
While with Barta, Stringer vomited twice. Barta assisted him to a first aid
trailer.

Oosterman
and Zambaleti were helping other players in the trailer. Barta explained to
Zamberleti what was going on with Stringer and suggested that Stringer should
cool down. Barta fetched Dr William Knowles who was a trained camp physician.
According to the notes Dr Knowles wrote Stringer was suffering from an “episode
of heat exhaustion”

Part of the training
routine included weighing all players before and after training. Intense heat
and humidity were predicted for 31st July 2001. Barta did not notice
anything un usual and allowed Stringer to participate in the morning training.
At about 10.30 am Stringer vomited again.

Stringer
was taken to the camp dormitory by a cart. Osterman took Stringers pulse and
realized it was weak. Zamberleti came and made and made emergency arrangements
to transport Stringer quickly to the hospital. Stringer arrived at the hospital
at around 12.25pm. His body temperature was measured and it was recorded as
108.8 degrees. Stringer died on August1, 2001 from complications of heart
stroke.

According to the facts the respondents contending
they had co-employee immunity under the workers compensation act.

ISSUE

Are the issue genuine
in regards to material facts as to the respondents duty, therefore precluding
summary judgment based on co-employee immunity under the workers compensation
act and also if there are issue of gross negligence.

RULING

The district court did
not err when entering into summary judgment in favor of respondent since all
the respondents exercised more than a scant level of care. Zamberletti and
Osterman had personal duty to Stringer. Their employers however did not provide
a safe work place for their employees.

RATIONALE

The rationale behind
the ruling was that the working conditions provided by Minnesota Viking Club on
that particular day were not conducive for working.  As proved by the humidity of that particular
day, also other employers of Minnesota 
Viking Club tried to assist Stringer.

Brentwood
Academy v. Tennessee Secondary Sch. Ath. Assn 531 U.S. 288 (2001)

FACTS

Tennessee
secondary school Athletic Association who was the plaintiff used to be a nonprofit
private membership corporation which organized to regulate interscholastic
sports among private and public high schools in Tennessee that were members of
the association. Brentwood Academy was very successful in state football
championship and won nine titles between 1969 to 1997.  Success caused opponents to question the academy’s
recruitment policy. Membership of schools to join was voluntarily and most of
the state schools were members as at that moment there was no other
interscholastic sports regulatory authority in the state.

A school can only play
against a team of another member school. The association had a control board, a
legislative arm and people who were allowed to vote was limited to high school
presidents, their assistants and superintendents who have been elected by the
member school.

In 1997 the association
brought a proceeding against Brentwood academy who was the defendant. Brentwood
was charged with improperly recruiting new students for its sports team and was
fined and suspended by the association. Brentwood later on sued the academy
when the board of control found that Brentwood had defiled a rule that prohibited
“undue influence” in recruiting athletes.

Brentwood Academy sued
the association over the actions they had taken against them. Brentwood implied
that the enforcement of the rule constituted state action.(State actor refers
to a person or body which is conducting a service on behalf of the government
of the United States of America) and that the rule had violated the fourteenth
amendment and first amendment.

ISSUE

The issue at hand was
does a statewide athletic association, incorporated to regulate competition
among private and public secondary schools engage in state actions?

RULING

The decision given out
by the court was a split decision 5-4 in favor of contrary sixth circuit and
finding the action of the association as state actions. The restriction of due
process would apply to the association.

RATIONALE

This deals with the
reasoning behind the verdict given by the court.  The association used to force its members to
follow the rules and regulations they had formed and used to use state police
power to enforce them.

Conclusion

Contacts
are mutual agreements which safe guard what we are supposed to do and what not
to do. It is key for someone to read, understand and know what is expected from
them once they have signed a contract since it is a document that has legal
bindings and a breach of contract has consequences which are severe. As
observed in the above cases some of the issues in the cases where not ironed
out properly before signing the contracts hence it is advisable to iron out all
issues before signing a contract. A contract ought to be respected and followed
to the latter by both of the parties which are involved. A contract tends to
protect both parties in case of a disagreement which might occur in future.

 

 

 

Works
cited

Brentwood Academy v. Tennessee Secondary Sch. Ath.
Assn 531 U.S. 288 (2001)

Stringer v. Minnesota Vikings Football Club, 705
N.W.2d 746 (Minn. 2005)

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