A meeting was scheduled by the board of directors with the senior management to resolve an ongoing issue between Jerry’s Pizza and Dazzling Dough Company. An order/oral agreements was establish by Jerry’s Pizza and Dazzling Dough Company for 200 pounds of dough, pizza toppings, desserts and soft drinks for $30,000.” After Jerry’s pizza signed the writing agreed/contract. Jerry’s pizza 125 pounds of dough and 75 pounds of additional items, Jerry’s Pizza contacted Dazzling Dough regarding the error and requested they send the remaining 75 pounds of dough. After reading the writing agreement Dazzling Dough Company declined. The source of the dispute is 1st Dazzling Dough Company didn’t honor the oral agreement the Jerry’s Pizza and the company …show more content…
A contract can become voidable under the following circumstances:
• A party was coerced or threatened into signing the agreement
• A party was under undue influence (one party is able to dominate the will of another)
• A party is not of sound mind or mentally competent (minor or mentally ill)
• The terms of the contract were breached
• Mutual mistakes on behalf of both parties
• The contract is fraudulent (omitting or falsifying facts or information, or the intention to not carry out the promise in the contract)
• Misrepresentation occurs (a false statement of fact) (on, 2015)
There are five vitiating factors that undermine a contract: Misrepresentation, Mistake, Duress, Undue Influence and Illegality. I believe that the contract between Jerry’s Pizza and Dazzling Dough Company was misrepresentation and mistake on both party end. A misrepresentation must induce the contract but the representees reliance does not have to be reasonable. It will not be actionable therefore if the representee was unaware of the misrepresentation at the time of the contract, the representee relied on his own judgement rather than the statement of the representor, the representee was unaware of the untruth of the statement (however it is not enough that the representee had an opportunity to discover the truth of the
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.
Even though the contract was properly formed, there was a misrepresentation in Perez’s offer when he said that plaintiff “would be managing the sizeable workload of the company rather than bringing in business.” Judge Scarpulla, ruling for the lower court, said that to claim for fraudulent inducement, a plaintiff must show
Aldo shipped 10 refrigerators to Rafael pursuant to a sales contract under which title to the goods and risk of loss would pass to Rafael upon delivery to Fleet Railroad. The agreed price was $5,000. When the refrigerators were delivered to Rafael, he found they were damaged. An estimate for repairing them showed it would cost up to $1,000, and an expert opinion was to the effect that they were defective when shipped. Rafael put in a claim to Aldo, which Aldo rejected. Rafael then wrote to Aldo, “I don’t like to get into a despite of this nature. I am enclosing my check for $4,000 in full payment of the shipment.” Aldo did not reply, but he cashed the check and then sued Rafael for the $1,000 balance. May he recover? Explain.
Friganim Importing Co. v. B.N.S. International Sales Corp. Facts: Friganim Importing Company sued B.N.S. claiming that B.N.S. breached warranties in two contracts that they had entered into. In the first of the two contracts, Frigalimnet had agreed to sell 75,000 pounds of 2.5 to 3 pound chickens and 25,000 pounds of 1.5 to 2 pound chickens. The second contract consisted of 50,000 pounds of 2.5 to 3 pound chickens and 25,000 pounds of 1.5 to 2 pound chickens. (smaller chickens where priced slightly higher in this contract than the first agreement)
Sue contracts with Tom to deliver a quantity of computers to Sue’s Computer Store. They disagree over the amount, the delivery date, the price, and the quality. Sue files a suit against Tom in a state court. Their state requires that their dispute be submitted to mediation or nonbinding arbitration. If the dispute is not resolved, or if either party disagrees with the decision of the mediator or arbitrator, will a court hear the case? Explain. (See Alternative Dispute Resolution.)
The primary purpose of the “Statute of Frauds” (SOF) is to protect the interests of parties once they are involved in litigating a contract dispute (Spagnola, 2008). The relevant statutes are reliant upon state jurisdictions to determine whether the contract falls under the SOF, and whether the writing of the contract satisfies the requirements of the statute of frauds (Spagnola, 2008). However, all contracts are not covered under the SOF. In essence, for a contract to be deemed as legal by definition of the SOF, there must be verification of the following requirements for formation of the contract, which are as follows: (1) There must be least two parties to the contract, (2) There must be a mutual agreement and acceptance on the price to pay for goods and services offered, (3) The subject matter or reason for entering the contract, must be clearly understood by all parties to the contract, (4) and there must be a stipulated time for performance of duties under the contractual obligations (Spagnola, 2008). Lastly, there are five categories of contracts that are covered under the SOF, which are as follows: (1) The transfer of real property interests, (2) Contracts that are not performable within one year, (3) Contracts in consideration of marriage, (4) Surtees and guarantees (answering to the debt of another), and (5) Uniform Commercial Code (U.C.C.) provisions regarding the sale of goods or services, legally valued over five hundred dollars ($500.00) (Spagnola, 2008).
The issue in this case was whether California and Hawaiian Sugar Company could recover the liquidated damages from Sun Ship. Where there is a contract between the parties for liquidated damages and d there were no misrepresentations or unfair dealing in creating the contract,
SUBJECT: Resolution of dispute to the breach of contract from the producers of Muscadine Products
Promissory estoppel is when " one person might rely on a promise made by another even though the promise and the relevant circumstances are not sufficient to justify the conclusion that a contract exists" (Mallor et al., 2015, p. 333).
Almost every conflict situation consists of one party having more power than the other. When the power differential is significant, this usually has a major effect on both the matter and process of the dispute. In order for the outcome of the conflict to be fair, both parties must be relatively equal when it comes to power if resolution of the conflict is to be fair. If one side is far more powerful than another, they are more likely to impose their solution on the weaker party, who in turn will be forced to acquiesce, because they have no other choice.
Journal of Dispute Resolution, 401-427.
Don Bradish was recently hired to fix scheduling issues with the new company in which he works, The Fitzgerald Machine Company. There are a few relevant facts that were given in this case study. The first and foremost fact is Mr. Bradish was hired because the company is having issue with their scheduling. This is important because he comes in with a relevant degree and years of experience with a reputable company. He is going to be looked for to find a solution to the issue outlined in the case study. The second relevant fact in the case study is that the company that The Fitzgerald Machine Company is working with is having labor issues. This is considerable because the $300,000 order is a considerably large
In given case study about Mr Manfredi and HappyHippie Pty Ltd This essay will discuss the requisite elements for establishing Fraudulent Misrepresentation. Where false information is provided with knowledge, or without belief in its truth, or recklessly, or carelessly as to whether it is truth or false, with the intention to induce a person to enter into a contract, causing the innocent party to suffer. This area of business law is supported by a number of cases, which have established and clarified the factors required to mount an argument for damages based on negligent misstatement. In this case Mr Manfredi is the innocent party to suffer as HappyHippie intentionally provide Mr Manfredi with false historical account, which were inflated
Misrepresentation – giving a false statement to the other party with the intentions to benefit or to exploit the other party than the law can end the contract in that case.
The story "The Locket" is comprised of a young girl name Octavie and the thought lost of her lover Edmond whom was a soldier in the civil war. The story opens up with Edmond sitting with a group of soldiers in their camp site. It is later revealed that while Edmond is looking up at the sky he has a flashback of a beautiful moment with his love giving him a locket with her mothers and fathers name with their marriage, he is later found dead in the story. After receiving her locket and a letter from the priest informing her about Edmonds death, Octavie felt as though her youth was taken away due to the sorrow in her heart. But soon there was a surprise and Edmond was still alive.