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MEMORANDUM
TO: Dr. Johanssen
FROM: Mohammad Hammad
RE: Issue involving Dr. Johanssen
DATE: February 19, 2014

Relevant Facts
David Johanssen is a doctor specializing in internal medicine. Before David became a doctor he was
working as a physicians assistant for MegaHosp. MegaHosp is a large corporation that owns hospital
national wide. David worked for the Rincon County Hospital for several years that was owned by
MegaHosp. The local hospital manager is Paul Vermeer who is a close friend with David father.
David was considering quitting working at the hospital and wanted to go to medical school. Paul was
aware of Davids consideration and wanted to support his decision, so Mr. Vermeer invited David and
his father to dinner to tell them that MegaHosp is willing to help by offering the following

1) David would go to an AMA accredited medical school of choice. After graduation from medical
school, and passing any state required licensing exam, MegaHosp would reimburse David for
tuition, lab fees, book, and room and board related to medical school.

2) David would then go to work for MegaHosp for four years, at the same rate of pay that he
earned as a physicians assistant.

A written memorandum containing these terms was written. After discussion the implications of the
offer between Davis, his father and Mr. Vermeer, at the end of the discussion David agreed and
accepted the deal fully realizing that MegaHost will pay significant costs of medical school and the fact
that after medical school David would be working for substantially less than a typical doctor would
make.

Question Presented

Who will likely to prevail?

Short Answer

The statement didnt specify wither Dr. Johanssen did actually cash the check or not. So Depending
wither if Dr. Johanssen did actually cash the check received. If he did then Megahost will have a better
chance of winning the lawsuit, because after when both parties agreed that Dr. Johanssen will no longer
go further with the agreement signed. In the other hand if Dr. Johanssen didnt cash the check sent to
him, he is more likely to win the lawsuit because Mr. Vermeer which is a representative from MegaHost
agreed to the fact that David wanted to no longer go fulfill the agreement signed.
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Discussion

In contract law, a breach of contract is a failure to perform the contract agreement which defeats the
purpose of making the contract in the first place. In deciding whether a breach is material, courts often
look to guidance from a legal guide known as the Restatement (Second) of Contracts, as well as to other
court decisions that arose from contract disputes. An example of the things might affect the decision of
the final judgment is based on the amount of benefit received by the nonbreaching party, whether the
nonbreaching party can be adequately compensated for the damages, the extent of performance by the
breaching party, hardship to the breaching party, negligent or willful behavior of the breaching party,
and the likelihood that the breaching party will perform the remainder of the contract.
Now we know that both parties agreed on no longer fulfill the contract since there were no damaged
occurred, David is more likely to win the lawsuit because Mr. Vermeer agreed on Davids decision
without any further actions of making David to fulfill the contract agreed upon.

There are different types of breaches Minor breaches, Material breach, Fundamental breach and
Anticipatory breach.

Conclusion
In our case our client did confront the other party of their contract breach and the other party did agree
of Davids decision. So David can no longer be held on the contract signed.