What rights, if any, does Judy have under the contract?
Judy agreed in writing to work for Northern Enterprises, Inc., for three years as superintendent of Northern’s manufacturing establishment and to devote herself entirely to the business, giving it her whole time, attention, and skill, for which she was to receive $72,000 per annum, in monthly installments of $6,000. Judy worked and was paid for the first twelve months, when, through no fault of her own or Northern’s, she was arrested and imprisoned for one month. It became imperative for Northern to employ another, and it treated the contract with Judy as breached and abandoned, refusing to permit Judy to resume work upon her release from jail. What rights, if any, does Judy have under the contract?
Individual J's absence from work for an unreasonable time is a material breach of the contract. It gives Organization N the right to treat the situation as Individual J abandoning their responsibilities and employ another individual instead.
To gain the remaining amount from Organization N, without performing for the full tenure and on the basis that their employer did not allow Individual J to serve their time, Individual J must claim and prove that they are able, ready, and offer to perform. Because Individual J cannot do so, they are not capable of gaining an amount more than what is due against their performance from Organization N. Individual J is not going to be compensated for the performance even though the reasons for the discontinuation of Individual J from Organization N areunpredictabile or uncontrollable.
In this case, the absence from work is for an unreasonably long time, and none of the parties are at fault, which enables the organization to treat the contract as abandoned regardless of the reason.
Based on the contract, Individual J does not have any rights since they have materially breached the contract.