Dazzling Dough Company

1311 Words3 Pages

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

Open Document