Essay about O ' Neal 's Legal Action Against The Colton School

757 Words Apr 3rd, 2015 4 Pages
O’Neal was employed by the Colton School as a teacher, which was valid though a contractual agreement between these two parties. When O’Neal attempted to replace the original contract with a substitute agreement, he did not follow the correct rules of modification. When the Colton School fired O’Neal for nonperformance, they were acting within the limitations of the law. O’Neal’s later legal action against the Colton school will argue that his condition excused his nonperformance. This, however, is a baseless argument.
O’Neal has the protected right to enter into as good of a deal or as bad of a deal he so desires. After he chooses to enter into that set deal, a valid and concrete contract is made. This contractual agreement is enforceable by legal actions to ensure that both parties faithfully meet their duty to perform and fulfill their obligations. (Law and Commerce, 203).
When O’Neal offered to resign if he was not granted a specific number of paid sick leave days, he was attempting to discharge his obligations “by replacing the original contract with a substitute agreement, also known as a modification” (Law and Commerce, 208). In order for a modification to be valid, it has to contain mutual consideration, which is where both parties give something up that they have a legal right to. The Colton School was giving up an additional number of paid sick leave days, while O’Neal was giving up nothing. Thus, his attempted modification, even if accepted, would not be…

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