Business

ASSIGNMENT: John Doyle requested that our office represent Doyle’s Tavern in a detrimental reliance / quasi breach of contract action based upon government assurances that his business, and many others, claim they were misled by State’s Governor who, after three months into the COVID-19 pandemic, assured and publicly declared that bars and restaurants could partially reopen on July 1, 2020.
Please review the following facts of the case, as well as the legal authority that I have provided, to determine the strengths and weaknesses of Mr. Doyle’s case. Discuss whether you think we have a good case against the State and discuss whether there are any defenses to the claim.
In preparing your memorandum, please consult the sample Legal Memorandums in PCD and Statsky. Please note, this is a closed memo. Therefore, it is important that you do not conduct any outside research or apply any outside law in your analysis/conclusions. Apply the law as provided below.

FACTS:
In early March 2020, Olympus, a small country in the Caribbean, was bracing for an unprecedented dilemma in response to a global pandemic. Regions literally shut down across the country. This was mandated at the state and federal levels. All state governors were forced to order the shutdown of bars and restaurants.
As summer approached, the national and state levels of infected citizens decreased, and on June 15, 2020, State Governor, Jane Kennedy, publicly announced that bars and restaurants in State could open on July 1, 2020 for partial indoor dining with restrictions on occupancy and “social distancing.”
Doyle’s Tavern is located just off the beach in a summer-seasonal town on the coast of State. Doyle’s can hold 200 patrons in the indoor restaurant, another 150 in the Banquet Room and another 100 in outdoor dining. It has catering capabilities for private parties and weddings. Before the announcement, Doyle’s strictly followed State guidelines for outdoor dining, as they did minimal takeout. Outdoors, in good weather, they could, at capacity, seat around forty (40) patrons in the outdoor tables. Since early March, they continued operating while barely breaking even. John Doyle was content employing his staff on a part time basis.
Once Governor Kennedy announced the indoor lift, Doyle’s, like many similar establishments, received numerous calls for reservations indoor, booked three weddings, and ordered $15,000.00 worth of fresh vegetables, lobsters, meats, kegs of craft draft beer, liquors, champagne, and fine French wines to accommodate the reservations and influx of indoor patrons.
On June 27, 2020, in the wake of increasing cases of COVID-19, Governor Kennedy decided that it was necessary to rescind the prior order and thus, cancelled the opening of all indoor activities, including indoor dining in all bars and restaurants. Nearly all of the items purchased by John Doyle in anticipation of the reopen went to waste when Doyle’s Tavern was unable to resume indoor service.
LEGAL AUTHORITY:
State Code Art. 2 § 1423.   Cause defined; detrimental reliance
A party may be obligated by a promise when he knew or should have known that the promise would induce the other party to rely on it to his detriment and the other party was reasonable in so relying. Recovery may be limited to the expenses incurred or the damages suffered as a result of the promisee’s reliance on the promise. Reliance on a gratuitous promise made without required formalities is not reasonable. (Note, Doyle’s is the promisee)
In Gold Finger’s Casino, Inc. v. State Department of Taxes, 123 State 2d 456 (2000), the plaintiffs, Gold Finger’s, paid sales taxes under a newly enacted Casino law that was, in their accountant’s opinion, vague and conflicting. Gold Finger’s general manager contacted the Department of Taxes where an employee assured them that no taxes were due for that year. Two years later, the Department claimed that Gold Finger’s owed $30,000.00 in back taxes and penalties for the year in question. The trial court and State Court of Appeal found that although the taxes were due, the state was precluded from collecting them because of the doctrines of detrimental reliance and equitable estoppel. On further appeal, State Supreme Court disagreed finding that “detriment resulting from reliance simply has not been proved.”
In considering Gold Finger’s, the Supreme Court noted four factors required to invoke detrimental reliance against a governmental agency. The additional factors include: “(1) unequivocal advice from an unusually authoritative source, (2) reasonable reliance on that advice by an individual, (3) extreme harm resulting from that reliance, and (4) gross injustice to the individual.” Here, Gold Finger’s had to pay the tax because the same tax was enforced against numerous other casinos, who also made a lot of money, and that Gold Finger’s failure to pay taxes was based on a misrepresentation by a rather high ranking state official who thought she had the authority to act accordingly.
Under section 470 of the Public Health Service Act (64 Olympus Code § 541), the Olympus Secretary of Health and Human Services is authorized to take measures to prevent the entry and spread of communicable diseases from foreign countries into Olympus and between states. Further, the states shall have police power functions to protect the health, safety, and welfare of persons within their borders. To control the spread of disease within their borders, states may enact laws to enforce the use of isolation and quarantine.
Question:
LEGAL QUESTION (Shorthand phrasing of legal issue):
Does a business owner have standing in a detrimental reliance action against the State if they rely on a public statement by the State’s Governor prematurely allowing businesses to partially reopen during an unprecedented nationwide health crisis?
Section 470 of the Public Health Service Act (64 Olympus Code § 541):
The Olympus Secretary of Health and Human Services is authorized to take measures to prevent the entry and spread of communicable diseases from foreign countries into Olympus and between states. Further, the states shall have police power functions to protect the health, safety, and welfare of persons within their borders. To control the spread of disease within their borders, states may enact laws to enforce the use of isolation and quarantine.
State Code Art. 2 § 1423.  Cause defined; detrimental reliance
A party may be obligated by a promise when he knew or should have known that the promise would induce the other party to rely on it to his detriment and the other party was reasonable in so relying. Recovery may be limited to the expenses incurred or the damages suffered as a result of the promisee’s reliance on the promise. Reliance on a gratuitous promise made without required formalities is not reasonable. (Note, Doyle’s is the promisee)
“A party may be obligated by a promise when he knew or should have known that the promise would induce the other party to rely on it to his detriment”

How can your office argue this on behalf of your client, John Doyle?
How will the opposition argue it?

My MasterPapers
Calculate your paper price
Pages (550 words)
Approximate price: -

Why Us

Outstanding Academic Writing Service

At MyMasterPapers.com, you are assured of professional essay writing help from the leading experts online. Quality comes at the forefront of our custom writing service to ensure that all our customers are satisfied with the work delivered. We value repeat customers. For this reason, we ensure that each task is completed to perfection for high scores.

Top Writers

Our hiring process is highly intensive. The writers are exposed to a strict selection procedure before hiring to ensure that we acquire the most qualified, well-educated and experienced writers. Our team of writers, professors, editors and researchers will ensure that you get incredible results.

Plagiarism-Free Papers

We highly discourage plagiarism. For this reason, we have trained our writers in such a way that all the papers are written from scratch and are free from plagiarism. We also pay attention to ensure that each paper is completed as per the instructions provided. Referencing and citations are done as per the paper format selected by the customer. These include: APA, MLA, Chicago, Harvard, Turabian among others.

24/7 Customer Support

You can contact our support team via the chat window at the bottom right corner. Alternatively, feel free to email us via our support email: support@mymasterpapers.com. Our team is available 24/7 to respond to your queries and guide you though where need be.

Swift Delivery & 100% Money Back Guarantee

Simply choose the desired deadline when placing the order. The task is assigned to the most qualified writer as soon as the order is successfully placed. All the papers are delivered to you within the deadline selected. In case a paper cannot be delivered within the deadline selected, we request for a deadline extension within the shortest time possible.

Free Unlimited Revisions

Our customers can always request for a revision in case they feel that something needs to be added or changed after the final paper has been delivered. We do not charge for revisions. However, we highly discourage our customers from misusing this policy.

Try it now!

Calculate the price of your order

Total price:
$0.00

How it works?

Follow these simple steps to get your paper done

Place your order

Fill in the order form and provide all details of your assignment.

Proceed with the payment

Choose the payment system that suits you most.

Receive the final file

Once your paper is ready, we will email it to you.

Our Services

Mymasterpapers.com specializes in custom essay writing for all level of students. Simply relax as we get your paper done within the timeline indicated.

Essays

Academic Help Service

Our team of skilled writers and researchers is readily available to get any type of academic paper completed. We deliver high quality papers and projects to our customers to ensure that we maintain a long-term relationship that will shine your academic career.

Admissions

Admission Essays & Professional Writing

An admission essay allows you to express yourself by providing personal details that wouldn’t have fit on other areas of an application. We have a team of experienced writers who will get you to the desired academic level through a professional and a personalized admission essay.

Reviews

Editing & proofreading

Are you seeking for editing or proofreading help? We have a team of editors who will ensure that any issue within you paper has been addressed. Upload the paper to be cleaned up and relax as we get the job done.

Reviews

Revision Support

At mymasterpapers.com, you can always ask for revision in case you want some changes in you paper. We focus on ensuring that the grammar, research and formatting are done as per the latest academic writing standards.