Business Law

1. Summary judgment motion- a motion that asks a court for an immediate judgment for the party filing the motion because both parties agree on the facts in the case and because under law the party who introduced the motion is entitled to a favorable judgment. A summary judgment motion must be no genuine issues of material fact, and the mover must be entitled to judgment as a matter of law to be successful. The initial burden is showing that summary judgment is proper is going to fall on the moving party. The burden of proof will fall on the opposing party at trial. The moving party just might get summary judgment by proving and showing to the judge that the opposing party has no or insufficient evidence or to meet its burden at trial.

2. The Accounting Center & Tax Services is the assignor is. The new owners of the company are the assignee and Murray is the obligor.

3. This would be a novation instead of a transfer. Novation- a substitution, by mutual agreement, of a new party for one of the original parties to a contract.

4. This was not an assignment, it was a novation.

5. Correct. The new company and boss tried to get her to sign a new contract but her not signing it is not grounds for termination since the other contract was already and still in place.

6. Correct, the warranty was that she would not work for any clients if terminated, for 2 years without written permission from that boss and or company and if she did, she would face legal fees and action set up in that contract. If the firm sold, the agreement would transfer with the sale.

7. Murray would be unable to work for any of her past or current firm clients for two years after leaving the Accounting Center; this is all unless she got written permission from the firm to do so. However, if she chose to work for such clients without written permission from that firm, she would be liable to pay the Accounting Center an amount set out by the terms of the agreement.

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