Question

Dr. Brown was an adjunct instructor North State University (NSU) in Michigan. Each semester, near the beginning of each term, the parties executed a written contract that always included the following provision: “The parties acknowledge that this agreement may be cancelled by NSU or the instructor at any time before the first class session.” In the spring semester of Brown’s sixth year, he filed a complaint with NSU claiming that one of his students, Sylvia Davis, had engaged in inappropriate and disruptive classroom conduct. Brown gave her an “incomplete” grade and asked NSU to require her to apologize as a condition of receiving a final grade. NSU claimed, and Brown denied, that he was told to assign Davis a grade if he wanted to teach in the fall. Toward the end of the semester, Brown was told which classes he would teach in the fall, but the parties did not sign a written contract. The Wednesday before classes began, NSU terminated him. Brown filed a suit against NSU and others, alleging breach of contract. · Did the parties have a contract? · If so, what type of contract did they have. · Did NSU breach it? Explain.

Answer 1

The involved parties had a verbal contract between them. A verbal agreement is a type of contract where both parties have agreed to be in an association, for a pre-agreed consideration, only the written contract is missing.

Brown was told by the NSU that he will take classes in the fall. This was a verbal contract between them. However when the fall classes started, the NSU terminated him without giving a fair warning or a fair reason. Hence, NSU certaining did breach the contract. Brown can show any proof in which NSU had discussed with him about the classes to be taken in the fall season, in court to sue NSU.