I’m trying to learn for my Business class and I’m stuck. Can you help?
Frederick has been placed in a difficult situation from his professor’s doing. As he confided in them to talk about his idea, they betrayed his trust and went on to make a business out of it. As the lawyer that he has received advising from has told him to file a lawsuit right away, I believe that Frederick should reassess his case in order to make sure that he has all of his facts together.
When it comes to filing a lawsuit, it is important that you observe contract information, performance, breach, and damages; these key legal elements help to identify if the contractor agreed either orally or in writing. For Frederick’s case, I would look at the damages due to no form of writing for the contract. according to the article, “When Should You Sue?”, Damages “must show that you suffered an economic loss as a result of the other party’s breach of contract” (2012). Since the business that he plans to inventis said to absolutely revolutionize the market and will make him very rich, Frederick will, therefore, have an economic loss. If he would want to file a lawsuit, his proof of the invention being his idea would be the project that he has previously completed. As for a good case, FindLaw’s team says, “To ensure you have a “good case”, you, the plaintiff, will need to go down this checklist of elements and make sure that you can satisfy or prove each one” (2016). With Frederick not having a complete full checklist complete, I would find evidence on his side to prove that he had the idea of the invention before the professors in order to have a strong case.
From my own biblical standpoint, I do not believe that it is necessary to always resort to suing. Proverbs 25:7-8 states “What you have seen with your eyes, do not bring hastily to court, for what will you do in the end if your neighbor puts you to shame?” This Bible verse gives a good insight into how you should go about filing a lawsuit. If the problem lies directly with a betrayal of trust, it is best to consider that neighbor because if you then betray another’s trust, they may then charge against you. Overall, my advice for Frederick would be to gather and asses all of your counter information so that he has a built case to prove that the idea what his invention first. If there is not much evidence to support his claim, then I would advise him to come to an agreement with the professors in order to become a main part of the business.