Performance, Breach, and Discharge under Contract Law- Commom Law?
Question by Jose S: Performance, Breach, and Discharge under Contract Law- Commom Law?
On August 20, Hildebrand entered into a written contract with the city of Douglasville whereby he was to serve as community development project engineer for three years at an “annual fee” of $ 19,000. This salary figure could be changed without affecting the terms of the contract. One of the provisions for termination of the contract was written notice by either party to the other at any time at least 90 days prior to the intended date of termination. The contract listed a number of services and duties Hildebrand was to perform for the city, among which were (1) keeping the community development director (Hildebrand’s supervisor) informed at all times of his whereabouts and how he could be contacted, and (2) attending meetings at which his presence was requested.
Two years later, on September 20, by which time Hildebrand’s annual fee had risen to $ 1,915.83 per month, the city of fired Hildebrand effective immediately, citing “certain material breaches…of the …agreement.” The city specifically charged that he did not attend the necessary meetings although requested to do so and seldom if ever kept his supervisor informed of his whereabouts and how he could be contacted. Will Hildebrand prevail in a suit against the mayor and the city for damages in the amount of $ 5,747.49 because of the city’s failure to give him 90 days’ notice prior to termination.?
Best answer:
Answer by 30 and never had a girlfriend
Hildebrand would win if the company cannot prove that the breach was material.
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