Alice worked for Fountain Valley, Inc., a corporation that manufactured baby supplies. According to her employment contract with the corporation, Alice was to be paid $78,000/year plus a 5% bonus of all sales in excess of the previous 12 months sales. The corporation sold baby supplies worth $200,000 in 2017 more than in 2016. Alice was then terminated at the end of December 2017. Is Alice entitled to a bonus of $10,000

Question Completion with Answer Options:

A. Yes, according to the terms of her contract.

B. Yes, according to the duty of good faith and fair dealing.

C. No, according to the at-will termination provision in her contract.

D. No, because subsequent conduct of the parties modified the contract.

Fountain Valley, Inc. and Alice

B. Yes, according to the duty of good faith and fair dealing.

Explanation:

Alice is entitled to the bonus of $10,000 because the duty of good faith and fair dealing requires Fountain Valley not to deny Alice the benefits arising from their valid contract.  Since Alice's employment contract included a 5% bonus of all sales in excess of the previous 12 months' sales, the Fountain Valley, Inc. should not deny Alice's claim to the benefits.

b) Employment contract terms = $78,000/year plus 5% bonus of all sale in excess of the previous 12 months' sales.  The value of sales in 2017 is $200,000 more than in 2016.  5% of $200,000 = $10,000.  Therefore, Alice is entitled to the bonus.

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