Summary Of Contracts: Neurological Associates Vs. Blackwell

Contracts: Neurological Associates vs. Blackwell In the Longville case, Elizabeth Blackwell who has received her medical degree specialized in neurological medicine accepted a job offer with Neurological Associates. Blackwell was then introduced to Dr. Richard Cohn and Dr. Jean Valjean, the two partners who managed Neurological Associates. Cohn, who was the primary contact spoke with Blackwell and came to an agreement of benefits Blackwell would receive while she was employed with NA. However, once Blackwell was hired Cohn had asked Blackwell to sign a document that was part of her contract, in which he had failed to inform her of during the previous negotiation. Cohn had informed Blackwell that the document was a normal procedure and she

Defining Issue: In order to make an agreement binding one element that must be used is consideration. Without consideration an agreement may not be enforceable, even if there has been an offer and acceptance. What a promiser demands and receives is the price for the promise, which is consideration. A person who makes the promise is called the promisor, while the person to whom the promise is made to is called the promisee. However, the promisor is not entitled to consideration.
Looking into the contract agreement of Neurological Associates vs. Blackwell the issue is whether or not there was consideration. To make a covenant binding NA at the time of hiring Blackwell should state that in order to be hired Blackwell must agree to enter a covenant to not compete. The hiring of Blackwell would then be consideration.
In the case on part of the NA there was not adequate consideration because at the time of the hiring Cohn had not discussed the non-compete covenant with Blackwell. Instead Cohn had approached Blackwell a month after he had hired her and stated that in order to make the “lawyers happy” she should sign the paper immediately as it was just a normal procedure (311). Due to this reasoning it appears that Blackwell has a stronger case as she can argue that there was a lack on consideration therefore, the non- compete clause is not an

In the case there has been some cases in which the defense of unconscionability comes into play. As stated in previous issues Cohn has approached Blackwell by using his power into luring her to sign a contract in which was not mentioned at the time of negotiation. Also, the contract stated that for a period of 3 years after resignation Blackwell will not be able to be employed at any other neurological services or competition within a 50-mile radius of NA. Another issue was Cohn and Valjean taking many vacations while Blackwell was overwhelmed with loads amount of clients, however when it came time for her examinations she was rejected her agreed paid time off to study. Blackwell was rejected the opportunity to better herself education wise even when an agreement was made. Also, in any case of resignation Blackwell must wait an extreme amount of time to be employed unless she were to travel past a 50-mile radius from home, in which can be very far especially when Blackwell was not informed of this contract. Each of these has shown how unfair Blackwell has been treated. Blackwell has a strong defense of