Question

1. Types of Contracts. Professor Dixon was an adjunct professor at Tulsa Community College (TCC) in Tulsa, Oklahoma. Each semester, near the beginning of the term, the parties executed a written contract that always included the following provision: “It is agreed that this agreement may be cancelled by the Administration or the instructor at anytime before the first class session.” In the spring semester of Dixon’s seventh year, he filed a complaint with TCC alleging that one of his students, Meredith Bhuiyan, had engaged in disruptive classroom conduct. He gave her an “incomplete” grade and asked TCC to require her to apologize as a condition of receiving a final grade. TCC later claimed, and Dixon denied, that he was told to assign Bhuiyan a grade if he wanted to teach in the fall. Toward the end of the semester, Dixon was told which classes he would teach in the fall, but the parties did not sign a written contract. The Friday before classes began, TCC terminated him. Dixon filed a suit in an Oklahoma state court against TCC and others, alleging breach of contract. Did the parties have a contract? If so, did TCC breach it? Explain. [Dixon v. Bhuiyan, 10 P.3d 888 (Okla. 2000)]

FACTS-Professor Dixon was an adjunct professor at Tulsa Community College (TCC) in Tulsa, Oklahoma. Each semester, near the beginning of the term, the parties executed a written contract that always included the following provision: “It is agreed that this agreement may be cancelled by the Administration or the instructor at anytime before the first class session.” In the spring semester of Dixon’s seventh year, he filed a complaint with TCC alleging that one of his students, Meredith Bhuiyan, had engaged in disruptive classroom conduct. He gave her an “incomplete” grade and asked TCC to require her to apologize as a condition of receiving a final grade. TCC later claimed, and Dixon denied, that he was told to assign Bhuiyan a grade if he wanted to teach in the fall. Toward the end of the semester, Dixon was told which classes he would teach in the fall, but the parties did not sign a written contract. The Friday before classes began, TCC terminated him. Dixon filed a suit in an Oklahoma state court against TCC and others, alleging breach of contract. ISSUE-Did the parties have a contract? If so, did TCC breach it? Explain. RESOLUTION-[Dixon v. Bhuiyan, 10 P.3d 888 (Okla. 2000)]

How did the court answer the questions? What did the court decide? EXPLANATION-Do you agree with the court? Why or why not? Can you change any facts to give a different result?

Answer 1

With reference to "LAW CASE" The Trial court ruled in favor of TCC. Dixon appealed to the Oklahoma Supreme Court and they upheld the trial court's decision. The state supreme court concluded that the employment relationship between Dixon and TCC for the fall semester was an implied contract. An implied contract is an agreement created by actions of the parties involved and it is not in written or spoken. The court explained that the court will consider the parties acts conduct and statements as a whole in order to determine if an implied contracts. The court observe that in the spring, TCC told dixon the classes he would teach in the fall and later told him that he had to clear up the Bhuiyan grade dispute as a condition, which was used as evidence in the trial. TCC did not breach the contract when they fired Dixon because of the contract between the parties gave both the right to terminate their contract for any reason before the first class of the fall semeter. After observing all the facts of the case I agree with the court that TCC did not breach the contract. No I will not change any facts of the case.