Memorandum
TO: Alexis Fairchild, Mediator
FROM: Marshall Petersen
DATE: February 12, 2017
SUBJECT: Breach of Contract
Facts of the Case After my first conversation with the grape producer I decided that purchasing his company’s product would be to my business’s benefit. The partnership began with my company faithfully receiving Muscadine grapes from Mr. Bre’nard Williams. Each delivery was prompt and at a consistent price. An invoice was sent with each delivery, requiring payment within 30 days. There may have been a few times that a late payment may have been made; however, it was done within 45 to 60 days. I also did not receive any interest or penalties on my late payments. The samples turned out to be very popular with my regular
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Williams and me. Mr. Williams have had a long standing partnership in which I’ve place numerous phone orders with his company, and I have not been charged interest or penalties in regard to payment. I expect Mr. Williams to continue to supply me because I had his son, a representative of his company, sign a contract stating that we would continue business as we originally verbally agreed to. The fact that together each party agreed to mediation inside the church points out a need for both parties to try to find a friendly conclusion outside of the court. Within this Christian setting, it is only fitting to consider what the Bible has to say regarding this situation. One verse that applies is Deuteronomy 23:23 which say “You shall be careful to do what has passed your lips, for you have voluntarily vowed to the LORD your God what you have promised with your mouth” (ESV). I would expect that Mr. Williams act out of good faith and fair dealing.
Legal Issues
Mr. Williams grape farm is a local family business. Within family businesses family member often work as spokespersons on the company’s behalf. Mr.Williams’s son was also made away of the formalities of the contract. Mr. Williams’ son signed
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I have made a significant investment in developing advertising and promotional materials to develop Tucker’s product line in my store. I stand to lose a significant amount of business and suffer potential damage to the store’s reputation should I no longer have a source for these products.Mr. Williams requested that this issue be mediated through a service provided by the church. He also offered to me other reputable potential suppliers in the
Norris- the plaintiff had worked decedent's farm, worked the soil, and harvested and marketed the produce. Plaintiff, working primarily without the decedent's aid, and drove the produce to various markets. She handled all finances and deposited them in the couple's joint banking account. Finally, the evidence showed that the decedent, an alcoholic, depended almost entirely on plaintiff's work in the produce business and as well her care of him while he was ill.
Maria had spoken with Eva over the phone concerning the correct total amount of $60,000 for rendering decorating services provided by Eva. Maria had sent a letter of the telephone conversation stating that Eva agreed to take $60,000 in full satisfaction obligation under the contract. Although Eva, changed her mind when depositing the check in the bank, she legally entered a mutual agreement over the telephone where it resulted in a unliquidated debt, payment is lower than actual.
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
This case arose when I went out of town on my first business trip. I have been a sales trainee for the last six weeks, and my supervisor felt it was time to send me out. I was lucky enough to get sent with the number one sales rep for the company, Vince Collier. I was excited because I knew that if I was going to learn the best ways to make a sale, it would be with Vince.
Statement of Assignment: You have asked me to prepare a legal memorandum on the question of whether our client can gain relief from intentional infliction of emotional distress occurring from witnessing a friend¡¦s child being injured by a vehicle that is out of control due to being driven at a high rate of speed through a school zone. Pursuant to your request, this memo includes an analysis of the relevant state and federal law.
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
Alexander Hill, Just Business Christian Ethics for the Marketplace. Downers Grove, Ill: IVP Academic, 2008. Paperback. $14.95Jessica Burt
Crowell Academy, Inc. and Arturo Gomez, (hereinafter, collectively “Crowell”) were grossly negligent and used willful misconduct in their responsibilities involving the fencing club. The bargaining power of Crowell was so grossly unequal so as to put Lajuana Barnett at the mercy of Crowell’s negligence. Lastly, the exculpatory clause contained in the release form (see release form) is void as against public policy. Consequently, under Maryland law, it is up to the trier of fact to determine if the exculpatory clause is unenforceable. As such, there is a dispute as to the genuine issue of material fact related to Crowell’s Answer, Crowell can be liable to Lajauna Barnett for negligence, and Crowell is not entitled to Summary Judgment as a matter of law.
Lancer Gallery is a limited liability company that sources and sells a wide variety of South American and African artifacts. The firm’s headquarters are located in Phoenix, Arizona and they also have branch offices in Los Angeles, Miami, and Boston. Lancer Gallery originated as a trading post operation near Tucson, Arizona in the early 1900’s. Through a series of judicious decisions the company established itself as one of the more reputable dealers in authentic southwestern jewelry and pottery. The main problem in this case is should Lancer Gallery’s top management accept or decline a contract that could potentially re-position their brand and definition of business.
Gummow and Bell JJ concluded that clause 1 of the Deed signed Rural’s debts and its interests under the loan agreements to Equuscorp. Their Honours observed that the phrase “other remedies for these matters” located in clause 2 assigned a claim in restitution for money had and received . Heydon J agreed with this decision on similar grounds .
Handy Andy, Inc., a maker of trash compactors, had a problem with how the distribution of their products was being done by distributors and retailers alike. The company made two models of trash compactors the standard and the deluxe, the latter having more capacity thus a higher price. The distribution of the trash compactor to the end user worked like this, a customer makes an order for a trash compactor through a licensed retailer, once the order is made the retailer buys from the distributor to fulfil that order and then delivers it to the customer. The initial agreement between Handy Andy Inc. and the distributors was based on delivering and installing all units in a period of 5 days after an order was made by a retailer, as compensation
According to Former Secretary of State Dean Acheson, a memorandum is meant to protect the writer instead of being issued to inform the reader. I believe that the quote by Former Secretary of State Dean Acheson is not accurate. This statement creates ambiguity because the primary purpose why the writer issues a memorandum is to inform the reader. If the purpose is just to protect the writer and not to inform the reader, just for the sake of issuance, then such memo is of no use. However, this paper seeks to discuss the relevance of both—a memorandum is intended to inform the reader and it is also used to protect the writer.
The basic law of a contract is an agreement between two parties or more, to deliver a service or a product. And reach a consensus about the terms and conditions that is enforced by law and a contract can be only valid if it is lawful other than that there can’t be a contract. For a contract to exist the parties must have serious intentions, agreement, contractual capacity meaning a party must be able to carry a responsibility, lawful, possibility of performance and formalities. Any duress, false statements, undue influence or unconscionable dealings could make a contract unlawful and voidable.
A contract is an agreement between two parties in which one party agrees to perform some actions in return of some consideration. These promises are legally binding. The contract can be for exchange of goods, services, property and so on. A contract can be oral as well as written and also it can be part oral and part written but it is useful to have written contract otherwise issues can be created in future. But both the written as well as oral contract is legally enforceable. Also if there is a breach of contract, there are certain remedies for that which are discussed later in the assignment. There are certain elements which need to be present in a contract. These elements are discussed in the detail in the assignment. (Clarke,
Krystal knew that Jacob had good speaking skills and they both decided that Jacob would do the presentation. Jacob’s presentation was a success and they successfully sealed the contract. The owners of the company were so impressed and gave Jacob a $10,000 bonus check. Jacob saw this opportunity where he could use the money for his son’s medical bills. However, he knew that Krystal did most of the work and deserved the bonus money.