SOLUTION: Chabot College Business Law Internal Conflict Discussion

Question 1:
Please help me give feedback to 3 answers below with minimum 200 words per feedback.
Study case:
John Wilson, owner of Wilson Construction Company, and Andrew Carrigan, owner of Carrigan
Brick and Masonry, Inc., are at odds regarding a construction contract between the two
companies. Wilson claims that Carrigan breached the contract due to non-performance of certain
masonry work; Carrigan defends on the basis that Wilson did not permit him adequate access to
the worksite in order to complete the work by the designated contract deadline. Wilson claims
liquidated damages as a result of the breach; the contract stipulates that upon breach, the nonbreaching party is entitled to $1,000 in damages for every day the work is not performed beyond
the contract deadline.
Wilson is considering mediation or arbitration as an alternative to civil litigation, but he is
concerned that “justice may not be served” if he submits to a method of alternative dispute
resolution. Are his concerns justified? Is justice better guaranteed if Wilson and Carrigan litigate
their case? Is mediation or arbitration actually preferable to civil litigation? Regardless of what
disputing parties prefer, should court systems require that plaintiffs and defendants submit to
arbitration or meditation before being entitled to their “day in court?”
Answers:
1. Marco:
In this case, based on the evidence presented by Carrigan the best course of action would
be to proceed with mediation or arbitration since it would cost both him and Carrigan a
fraction of the cost it would take to settle their dispute in court. Based on Carrigan’s
argument of not having adequate access to the worksite, Wilson shouldn’t be entitled to
the 1,000 dollars in damages every day the work is not complete, but instead, they should
renegotiate the contract and allow Carrigan an extended deadline and adequate access to
the worksite in order to complete the unfinished masonry work in a timely matter that
works best for both of them without accruing any additional charges for damages.
Wilsons concerns with considering mediation or arbitration are not justified because this
way Carrigan has the ability to finish the work without having to pay the 1000 dollar a
day fee. With this resolution, they can continue to do business together in the future and
avoid the substantial cost of going through litigation. Court Systems should require that
plaintiffs and defendants submit to arbitration or mediation before having their “day in
court” because this way they have a chance to resolve the issue without dealing with
court fees. Through mediation, both parties can reach a reasonable agreement that works
best for both of them without making either of them feel like they are being taken
advantage of and both of their issues can be resolved. I believe that every dispute should
be handled on a case by case basis since most disputes could be resolved through
mediation.
2. Jaeneina:
The fact that Wilson hesitates to only settle through an alternative dispute resolution
means that Carrigan might not have been completely at fault. Although his concerns can
be considered to be justified; it just suggests his willingness to win this dispute through a
civil litigation rather than just going through an alternative dispute resolution. My
opinion to this case is that mediation or arbitration is most suitable for this scenario
because there is a contract between each party that can be referred to with all basis of
evidence. So, considering this dispute between Wilson and Carrigan, it should be
considered that they go through arbitration or mediation before settling in court.
Arbitrators would be able to work with Wilson about his concern towards Carrigan rather
than going through civil litigation because they are able to settle the case already since
Carrigan suggested his response (defendants response) about their contract together. The
statements about what occurred in the contract would skip over to filing a motion to
dismiss, or demurrer. I could only see this happening after knowing that the plaintiff does
not have much more speculations, in which there is only a counterclaim from the other
party. With all this possibly occurring in a court, I believe that it could just be resolved
without taking further legal actions because it would only be a disappointment to Wilson.
Aside from asking the defendant to pay for damages caused, there should be an alternate
agreement to settle the case since Carrigan only performed what he has been permitted to
do, as so it says in the contract. In conclusion, Wilson should just stick to considering
mediation or arbitration as an alternative to civil litigation since Carrigan has a strong
counterclaim that could move for a direct verdict.
3. Ibrahim:
If Wilson submits to a method of alternative dispute resolution, His concerns can be still
be justified. These alternative methods are just established to slow down the pressure of
cases on traditional courts. Every legal system must guarantee justice so they should have
trust in these mechanisms. If Wilson and Carrigan were to litigate their case, justice
wouldn’t really be better guaranteed but it would just take a longer time to help settle the
disputes. Using mediation or arbitration is actually way more preferable to civil litigation
because if we use those two methods it will save a lot of time and cost for the case. It also
depends on what type of case it is, if it’s a big corporate firm then it would be a better
idea to use mediation and arbitration. Also if a contract specifically states that parties
have to adopt mediation or arbitration in case of a dispute, then they must do it. In this
situation between Wilson and Carrigan, I think mediation or arbitration would be the
better way to go. Courts should require that plaintiffs and defendants submit mediation or
arbitration before being entitled to their day in court because it will help cases settle their
disputes faster and it will make it more fair for everyone that are trying to prove their
points.
Question 2:
Please help me solve this case with minimum 300 words.
The annual Smallville Fair is the community event of the year. Attendance is always high, with
community members going to enjoy the thrill rides, the exhibits, and the food, as well as to “see
and be seen.” Principal Cuthbert of Smallville High School is there, and as he turns the corner
(around the “Guess Your Age or Weight” exhibit,) he is shocked by what he sees. In front of the
“Bearded Lady” exhibit is the star Smallville High School quarterback, senior Coy Gunner.
Gunner is wearing a green “tee-shirt” depicting a Christ-like figure smoking a marijuana
cigarette; in large yellow letters on the front of the shirt are the words “Joints for Jesus.” On the
back of the shirt (again, in large yellow letters) is the following: “WWJS: What Would Jesus
Smoke?!
Principal Cuthbert immediately confronts Gunner, exclaiming “Coy Gunner, I cannot believe
you would wear such a disgusting shirt. You have offended my Christian principles and beliefs,
as well as the religious beliefs of countless numbers of Smallville citizens attending this fair.
Further, you have disgraced Smallville High School. As the star quarterback of our football
team, you of all people should know that you are a role model for your fellow students, as well
as younger kids in the community. I will see you in my office on Monday morning at 7:30 a.m.”
Gunner arrives at Principal Cuthbert’s office on Monday morning to discover that Principle
Cuthbert has decided to suspend him for ten school days. Gunner objects, saying “I remember in
civics class that Mr. Campbell told us we have the right to free speech. I object to the
suspension, and if you don’t change your mind, Principle Cuthbert, my dad knows a good
attorney who might want to speak with you.”
Is the message on Gunner’s shirt constitutionally-protected free speech? Would rational
limitations on free speech justify Principle Cuthbert’s decision to suspend Gunner? Does it
matter whether the incident occurred on or off school property? Use the law to support your
views.
Rubric:

Don’t quote the textbook or another source. All posts must be written in your own words.
Use the law and its definitions to support your views
Write 300 to 350 words or more
Grammar and spelling
Message clear and original. Student’s view is clear and supported by the law and its
definitions.

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