Question

Alan agrees to work for Denny for one year in his law office. Denny writes an employment contract that states that Alan is to earn $80 per hour and to work forty hours per week. Denny terminates Alan's employment after six months. Alan sues to recover what he claims are his losses. At trial, both parties discover that the contract says that Alan's hourly wage is $0.80. What can Alan and Denny do about the error?

Answer 1

In this situation, Alan and Denny can consider several options to address the error in the contract:

Negotiation: They can attempt to negotiate a new agreement that reflects their intended terms. This would involve discussing Alan's compensation and working hours to reach a mutually agreeable arrangement.

Mediation or Arbitration: If negotiations fail, they can opt for mediation or arbitration to resolve the dispute with the help of a neutral third party. Mediation focuses on finding a mutually acceptable solution, while arbitration results in a binding decision.

Legal Action: If no resolution can be reached through negotiation, mediation, or arbitration, Alan may choose to pursue a legal remedy. He can file a lawsuit against Denny to recover his losses based on the contract's actual terms.

It's important to note that the error in the contract may be a key factor in these discussions and any potential legal proceedings. The outcome will depend on various factors, including the specific laws governing contracts in their jurisdiction and any evidence or documentation related to the agreement's terms and intent. Consulting with legal counsel is advisable for both parties to understand their options and rights in this situation.

Culled from AI