The following is an analysis of a business situation between a supplier and a specific buyer of their product where the validity of a contract, and potential breach of contract is to be considered. Included in the analysis is the statement of facts, relevant legal rules of law, as well as a biblical perspective that can be considered in coming to a resolution and optimal outcome that will be mutual beneficial for both parties. The facts John Doe, an owner of a local produce company, produces Muscadine grapes that are known to contain high antioxidant qualities. John Doe recently gained Marshall Peterson’s business, supplying his local health food products business with a regular shipment of the grapes. Mr. Peterson has established some frequency …show more content…
First, is the requirements contract that was presented to and signed by John Doe’s minor son, a binding contract? There are some considerations of law that will address this specific issue further in this analysis. Secondly, is there an implied contract, and what is the course of action that the two parties take moving forward, from both a legal aspect as well as a biblical aspect? Lastly, the two men met in their Sunday School class, and Mr. Peterson is not a Christian. What are the ramifications from the contractual conflict to the new relationship of John Dow and Marshall Peterson, and what are the potential impacts on Marshall’s exploration of his faith? Potential Causes of Action to Produce Business Marshall Peterson has invested a significant amount in advertising, and growing his business of offering the Muscadine grapes that John Doe’s company supplies to him. In the event that Mr. Peterson is required to either discontinue the sale of the grapes, or will need to locate and establish a new relationship with a new supplier, his business will likely be negatively affected at least for a short time. If he chooses to pursue legal action, then there are certain legal considerations that he will enlist to build his case. good faith and fair …show more content…
In order to have a valid contract, there are six elements that need to be established. The following is a defined list of these elements, as well as analysis pertaining to the case at hand. legal offer. A legal offer is “an offer that shows objective intent to enter into the contract, is definite, and is communicated to the offeree” (Kubasek et al, 2015, p. 244). The legal offer in question is the offer to supply Mr. Peterson’s requirement of Muscadine grapes at a price that he was already accustomed to paying. I believe that this offer did exist unilaterally by Marshall Peterson. legal acceptance. A legal acceptance is an “acceptance that shows objective intent to enter into the contract, that is communicated by proper means to the offeror, and that mirrors the terms of the offer” (Kubasek et al, 2015, p. 247). In order for the offer to be accepted, as stated above, there has to be communication of that offer. John Doe was not aware of such offer, and he was only conducting business by way of individual requests and invoices at the time of each request. Consequently, it should be noted that the invoice can be considered evidence of a contract, however not a contract in itself alone (2015). Does the trend of requests equate to an implied contract to serve Mr. Peterson’s requirements? This question will ultimately be addressed by a court, however I would suggest that there is a chance
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I would be apprehensive of doing business with Marshall in the future for a couple of reasons. The first reason is Marshall’s business tactics. In this particular case there was an “implied contract.” An implied contract is “a contract not created by express words but inferred by the courts either from the conduct of the parties or from some special relationship existing between them” (Law, 2015, p. 1). Marshall never stated how much product he wanted and how much he wanted to pay; yet he had a minor, who had no authority in the business, sign a contract to set a price scale for guaranteed continued business.
However, the fourth element, which is "legal object," may not be satisfied between Sam and the chain store because there was nothing in writing, nothing was “drawn.” An oral promise would make the contract invalid if the completion of that promise will take more than a year from the date of agreement. However, if the chain store has written proof confirming Sam 's promise, for example, advertisements, invoices that the store only prepares in the regular course of business after an oral promise for a product delivery has been made, a court may consider Sam 's oral promise legally binding. Then it would be considered a "primary obligation" (since there was a debt incurred in anticipation of the sale of his invention at their stores). In that event, the contract does not need to be in writing to be enforced since primary obligations are not within the statute of frauds. So if the chain store does not get their 1000
When Berry and I gave Billy Greene our note for the purchase of his store, he assigned it—without advising us—to Reuben Radford from whom he had previously bought the business. Radford then endorsed our note to Peter Van Bergen, a keen-eyed businessman, to satisfy a debt. When Radford failed to pay, Van Bergen brought suit against Berry and me.
Similar to the case of Fox v. Mountain West Electric, 512 P. 3d 848 (2002), even though there was a contract, there were also a few more pro-contract adjustments that were made on implied terms. The court sides with the defendant at first while the appellate court overruled it. There was an implied contract that are manifested by our conduct of regular supply and payment. If for any reason, the court sides with defendant, there is always the appellate court for further
In this assignment we will exam three case-studies and determine whether the best course of action would be litigation, ADR or criminal prosecution. In the first we look a case of embezzlement, the second is a case of product liability and the third involves a supplier providing non preforming goods. We will evaluate the specifics of each and determine the best course of action. Spoiler alert, some of these may involve more than one course of action.
Walker, Takem’s has the statutory law of contracts in his favor. In a contract, the seller and the purchaser have certain rights and obligations. Four basics must be met for a contract to be created (Chrisman, 2014). First, the offer has to be made. In the case at hand, the door-to-door salesperson made an offer of a computer to Ms. Walker. Second, the consideration has to be accepted. Ms. Walker accepted the offer to purchase a computer. The third step is capacity. The purchaser must be legally capable of entering into a contract; minors and the mentally incompetent are excluded in this case. Takem’s has given Ms. Walker the computer in exchange for her payments on her store account. Finally, the intention to enter into a contract has to be present. Ms. Walker signed a bill of sale, a security agreement, and a negotiable promissory note- which is an unconditional promise to pay a certain sum of money at a certain time in the future. Though Takem’s has the advantage to combat her claims, Tommy needs to ensure that his salespeople have not made any false statements or misrepresentations to Ms. Walker as this could have legal implications for the store and against the contract (Vaccaro, 1987). Ms. Walker is legally bound by the contract she agreed to in exchange for the computer; however if there has been any misrepresentations or false statements Ms. Walker may be able, with legal assistance, to call the contract into question
A contract is an agreement that can be enforced in court and is formed by two or more parties who agree to perform or to refrain from performing some act now or in the future (Miller, Cross, and Jentz 289). In other words, it is a set of legal promises between two or more people or businesses. Contract law includes the elements of a contract, genuineness of assent, fraud, duty to disclose, disaffirmance and good faith. In order for a contract to be valid, there are essential elements that it must have. These elements include: an agreement, consideration, legality, and capacity.
Straight forwardly said! It is a valid contract, but it’s an express (verbal/on phone call) contract in nature. Not all validities are satisfying according to law requirement. Obviously these all elements are must require to be fulfilling for forming a contract.
The purpose of this essay is to determine if there was an enforceable contract between Sarah and Barry, and whether Sarah breached the said contract. In formulating a contract one must consider four main elements: offer, acceptance, intention and consideration. These four elements will be covered in detail to be able to advise Sarah on the strength of her legal position.
Offer and acceptance: For an agreement to be enforceable by law, there have to be a lawful by one parties and other party must accept that offer lawfully. There are some rules regarding making an offer and accepting that offer. We will discuss about these rules regarding offer and acceptance in our next post. So keep visiting.
I selected Case 1 Thomas Food and I have been employed by Thomas Foods to plan and execute a supporting methodology that will insulate the organization from the dangers that are related with obtaining harvested crops from neighborhood crops. The main key terms I should use to help encourage my assessment procedure are in climate weather or potentially disastrous events, operating income, and free market activity. Clearly, with regards to working with farmers and their products, the climate as well as catastrophic events can majorly affect the prices of the harvests, which can essentially help or mischief Thomas Foods' association with their suppliers. Another key term to remember all through my study is "operating income," in which
This section carries huge significance that if not well managed, it would adversely affect the sales volume of the Confidos Berry. More than one method of payment should be available to the customers. They should have the right to choose from, the method suiting them. Refer all information related to the legal concern of the product on the site. Be sure to mention the cost of various bottles of the Confidos Berry. Be punctual in legal and tax matters from the initial stage of business (WARD, 2017).