Will Hildebrand prevail in a suit against the mayor and city for damages in the amount of $5,747.49 because of the city’s failure to give him ninety days’ notice prior to termination? Explain.
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On August 20, Hildebrand entered into a written contract with the city of Douglasville whereby he was to serve as community development project engineer for three years at an “annual fee” of $19,000. This salary figure could be changed without affecting the other terms of the contract. One of the provisions for termination of the contract was written notice by either party to the other at any time at least ninety days prior to the intended date of termination. The contract listed a substantial number of services and duties Hildebrand was to perform for the city; among the lesser duties were (a) keeping the community development director (Hildebrand’s supervisor) informed at all times of his whereabouts and how he could be contacted and (b) attending meetings at which his presence was requested. Two years later, on September 20, by which time Hildebrand’s fee had risen to $1,915.83 per month, the city fired Hildebrand effective immediately, citing “certain material breaches … of the … agreement.” The city specifically charged that he did not attend the necessary meetings although requested to do so and seldom if ever kept his supervisor informed of his whereabouts and how he could be contacted. Will Hildebrand prevail in a suit against the mayor and city for damages in the amount of $5,747.49 because of the city’s failure to give him ninety days’ notice prior to termination? Explain. |
Explanation
The termination of the contract is possible only in the case where there is a failure to perform the act. Individual H did not materially breach or substantially fail in the performance. The charges by City D constituted of two reasons that neither solely nor in combination proved to be substantial or fundamental noncompliance. It is a case of an incidental breach, which does not affect the formation of the contract. So, the contract cannot be terminated.
As the obligations are performed by Individual H under the contract, they are eligible to be compensated for the damages amounting equal to 90 days of contract.
Verified Answer
In this case, Individual H is going top revail against City D, owing to the terms of contract, according to which prior notice of 90 days was to be given.
