Communicate and enforce policies prohibiting harassment

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Reference no: EM132239046

1. Instructions: Answer each part of the question. Be sure to (1) state the applicable law and/or legal principles implicated by the facts; (2) apply the law to the facts and explain how they support your arguments and conclusions. Make sure you explain the legal basis for your arguments and conclusions. You will lose points if you make arguments or reach conclusions but do not state the specific law or legal principle that supports your position.

Why is each of the following good legal advice?

a. Employers are strongly advised to establish, communicate, and enforce policies prohibiting harassment.

b. Complaint procedures should provide employees with multiple, accessible parties to whom reports of harassment can be made.

c. Employers must respond to complaints of harassment promptly and in a manner reasonably calculated to end the harassment.

d. Terminations or other discipline imposed against harassers must be conducted in the same careful manner as any other terminations or disciplinary actions.

e. Care should be exercised in using transfers or reassignments to deal with harassment.

2. Suppose Al hires Joe to build him a house. At the time they signed the contract, Al valued the house at $500,000, it would cost Joe $200,000 to build the house, and they agree on a price of $300,000. After the contract is signed (but before any money changes hands), Joe’s costs go up to $350,000, and Joe considers breaching the contract.

a. Would Joe’s breach be efficient overall? Why or why not?

b. What would expectation damages be (the number)?

c. Assuming he would have to pay expectation damages if he breached, describe Joe’s decision (with numbers) between performing the contract and breaching. Would his decision be efficient overall, and why or why not?

d. How high would Joe’s costs have to go to make him prefer to breach (and pay expectation damages) rather than perform the contract? Would this be an efficient breach?

e. What would happen between Al and Joe if the judge ordered specific performance? Would this outcome be efficient, and why or why not?

Reference no: EM132239046

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