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MMLU / A recent law school graduate was hired by a bar review course, under an oral…

Problem

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question

A recent law school graduate was hired by a bar review course, under an oral agreement, as an editorial consultant. Her job responsibilities included preparing new course outlines, proofreading and grading student homework assignments. The bar review course agreed to pay the graduate a starting salary of $2,500 a month. Three months later, the graduate was approached by the regional director of the bar review course, who handed her a newly published 60-page booklet entitled "Employment Manual. " He instructed the graduate to read the manual and indicated that it contained important information concerning company policy considerations and employee benefits. When the graduate returned home that evening, she started to read the manual. After reading about 30 pages, the graduate became tired and went to sleep. She never got around to reading the rest of the manual. Six months later, the graduate received a termination notice from the bar review course. The notice indicated that the graduate was being fired for insubordination because she had complained about the poor quality of the bar review course's materials and refused to work overtime grading papers. Following her dismissal, the graduate brought suit against the bar review course for breach of contract. Which of the following, if true and provable, would furnish the bar review course with its best defense?

choices

  1. All other bar review course employees worked overtime whenever requested to do so.
  2. When the graduate accepted employment with the bar review course, the company never made any promises regarding job security or duration of employment.
  3. The materials in the bar review course had recently been reviewed by the American Bar Association's Committee on Legal Education and had received "high acclaim. "
  4. The second page of the bar review course manual contained a paragraph stating that all policies, guidelines and employee benefits are "purely gratuitous and not intended to create any ongoing contractual obligation. "

subject

professional_law

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