Joint Request To Charge (Page 2 of 4) in pdf

Joint Request To Charge Page 2

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IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF SOUTH CAROLINA

_____________________ DIVISION

)

Plaintiff

)

Civil Action No. ________________

)

Defendant

)

LAINTIFF

UPPLEMENTAL

. ____

EQUEST TO

HARGE

"An employment contract for a definite term . . . generally continues until the expiration of the

stated term, unless a right to terminate the contract sooner is reserved in the contract." 27 Am. Jur.2d

Employment Relationship § 30 (1996). In this case, the term is one year, with automatic renewal terms

of one year provided.

Authority: Contract, Par. 10(a). "This Agreement shall be in effect for an initial term of one (1) year

from December 9, 1995 through December 8, 1996, and shall be automatically renewed for successive

one (1) year terms thereafter, unless either party gives written notice to the other party of its intention to

terminate this agreement, such notice to be given no later than ninety (90) days prior to the last day of

the then-existing term."

DEFENDANT'S OBJECTION:

The last sentence of this instruction should be excised because it seeks to charge the facts of the

case, Walker v. New Mexico & S.P.R. Co., 165 U.S. 593 (1897), and is not a complete statement of

the contract provision. The contract automatically renews only if neither party gives notice of

termination at least 90 days prior to the last day of the contract term.

________

Plaintiff:

________

Defendant:

Joint Request To Charge Page 2