Introduction: Issue
Ms. Julia Cumlaude sent a note to one of her professors, Prof. Minnie Wage, on the 10th of April. The note stated her willingness to work for this professor for the period of the 10th of June – the 15th of August. Ms. Cumlaude specified that she would like to be paid $20 per hour and asked Prof. Wage to reply by the 16th of April. In three days, on the 13th of April, Prof. Wage replied with a note that stated the professor’s dissatisfaction with the required wage and proposed $15 instead of $20. Julia received the note on the 14th of April.
On the 16th of April, Prof. Wage gets to know from her colleague, Prof. Max E. Loudmouth, that he had outbid and hired Julia Cumlaude for $18 per hour. Mr. Loudmouth highlighted Ms. Cumlaude’s outstanding working skills. Prof. Wage, in her turn, decided to catch Ms. Cumlaude and offered her $20 per hour with a note stating that she would be away at a conference until the 12th of June. Prof. Wage proposed Ms. Cumlaude a job which could start after the 13th of June. The note was sent the same day, and the next day, on the 17th of April, Ms. Cumlaude received it. The issue here is whether Julia Cumlaude and Prof. Minnie Wage could and would have a contract.
Rule
National Labor Relations Act (1935) includes the worker’s right to choose a workplace. NLRA ensures that Julia Cumlaude did not have to opt for Prof. Minnie Wage’s first job offer.
Analyzing
There are two types of reasons for the contract between Julia Cumlaude and Prof. Minnie Wage not to happen: subjective and objective. Subjective reasons involve the fact that Prof. Minnie Wage offered Julia a job which would start after the 13th of June, and Ms. Cumlaude specifically stated that she would want to start working from the 10th of June. The matter was being discussed during April; thus, Prof. Minnie Wage could have figured how to provide the job for the required period. Second, Julia Cumlaude asked the professor to reply by the 16th of April, and she got the offer from Minnie Wage only on the 17th of April. Not having received the note from Prof. Wage by the 16th of April would mean to Julia that the discussion was closed.
However, the main reason for the contract not to happen is the fact that Prof. Max E. Loudmouth had already hired Julia by the 16th of April. There are three elements of a contract: offer, consideration, and acceptance. Ms. Cumlaude specified the period during which the consideration phase was active. The final date was the 16th of April. By that day, she had been offered two jobs: at Prof. Minnie Wage with $15 per hour and Prof. Loudmouth with $18 per hour. Given the financial advantage of the latter, Julia opts for the Loudmouth’s job. Thus, job acceptance happened on the 16th of April, the last day of the consideration period. Being hired presupposes a contract with the University; thus, the acceptance led to the parties’ formal obligations.
Conclusion
Julia Cumlaude and Prof. Minnie Wage did not have a contract for the reason that Ms. Cumlaude had already been hired by the time she got a job offer from Prof. Wage.
Reference
National Labor Relations Act, Publ. L. No. 74-198, 49 Stat. 449 (1935). Web.