Question

Dwayne D. Walker, Jr. v. Shawn Carter *"Jay Z" et al.,

A. If you were Walker, how would you have ensured the the contract would be upheld against the defendants?
B. Why do you think states like New York have rules requiring certain contracts to be in writing in order to be enforceable? Is this a good rule? Whom does it favor?

Answer 1

To ensure a contract is upheld, steps such as ensuring its validity, including specific clauses, seeking legal assistance, and maintaining proper documentation can be taken. Requiring written contracts in certain cases helps promote clarity and reduce misunderstandings, benefiting both parties involved.

Step-by-step explanation:

A. If I were Dwayne D. Walker, Jr., to ensure that the contract would be upheld against the defendants, I would have taken the following steps:

1. Ensure that the contract is valid: This includes making sure that all parties involved are of legal age and capacity, there is a clear offer and acceptance, and that there is sufficient consideration.
2. Include specific clauses: I would include clauses that address potential breaches or disputes, and outline the consequences or remedies in such situations.
3. Hire skilled attorneys: I would seek the assistance of experienced attorneys to draft and review the contract to ensure its validity and enforceability.
4. Maintain proper documentation: It is important to keep records of all communication, modifications, and actions related to the contract to provide evidence if needed.

B. States like New York have rules requiring certain contracts to be in writing in order to be enforceable to minimize misunderstandings and disputes. This rule promotes clarity and reduces the chances of fraudulent or oral agreements. It favors both parties involved by providing a clear record of their obligations and expectations.