Law Homework Help

HSCI 414 Win on A Claim of Breach of Contract Questions

 

Please answer the following question (and don’t just recite the power point contents or materials from the book or the internet):

You are an “A” student at CSUN and an excellent writer. You can turn out high-quality research papers at a remarkable pace. One of your classmates comes to you and explains that they have a term paper due in two weeks. They agree to pay you the sum of $200 if you will research and write their paper for them. You indicate that two weeks is short notice so you will do it for $300. They agree and the money is to be due when you deliver the completed paper. Having taken healthcare law you make a note outlining these terms which is dated and signed by each of you. This note also states that the paper produced will only be used for ethically and legally permissible purposes and that you will do your best but make no representations as to the grade the student might receive.

You research, write, and timely deliver the paper which your classmate turns in as their own work. You request payment per your agreement and your classmate says they will have the money in about two weeks. You trust them.

One week later your classmate contacts you and tells you that they have been accused of an honor violation for turning your work as their own. They even say, “It’s all your fault.” Most likely they will fail the class if not be expelled from the University. As such they refuse to pay you for your work.

You are really angry and decide to sue your classmate in small claims court for the money due you. Please answer the following questions:

  1. What must you show in small claims court to win on a claim of breach of contract?
  2. What defenses could your classmate raise to your claim of breach of contract?
  3. If you succeed in your claim to what remedies would you be entitled?