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Contracts Case Studies Examples
Contracts Case Studies Examples
Compare and contrast negotiation, mediation and arbitration
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Sterling computers collaborated with NoBugs, a company that makes computer microchips. The partnership was developing well until an occurrence strained the business relationship between the two firms. However, the incident had several negative implications on both companies, and an amicable solution is mandatory. NoBugs made a costly mistake that would prompt litigation. If Sterling opts for litigation against NoBugs because of breach of contract, they have a strong case, although this option may not necessarily be ideal (“Breach of Contract,” n.d.). In the case involving Sterling Computers and Nobugs, Sterling has a viable breach-of-contract claim. NoBugs should have known or knew about the faults in the microchips. Thus, Sterling has a reasonable …show more content…
As arbiters divide the differences in half, Sterling, however, is less probable to regain what it believes is the complete measure of its loss (“Arbitration vs. Litigation,” n.d.). In addition, since adjudication entails the adversary presentation of proof and discovery, it frequently has drawbacks similar to those of litigation without the merit of maximizing recovery (Cushman & Myers, 1999). For this reason, I believe mediation would be a decent option for Sterling Computers as it would combine the benefits of arbitration and settlement and could generate a creative settlement offer more appealing to NoBugs. Nonetheless, a disadvantage of mediation is that if the mediator comes up with a way out that NoBugs concurs with, but that is undesirable to Sterling, the parties may end up in a worse position than if they opted for a private settlement (“The Pros and Cons,” n.d.). Overall, the critical query for Sterling Computers is the significance of NoBugs to its forthcoming business prospects. If the firm is not any more reliant on NoBugs as other suppliers of chips exist in the industry, Sterling should take a hard line and try to recoup all its losses. Conversely, in the event NoBugs is likely to remain a crucial business partner in the future, Sterling should attempt to settle the row amicably with no outside intercession. However, they may seek the assistance of an arbitrator or mediator if the initial discussions are fruitless (“The Pros and Cons,”
Takem’s is an appliance store in the state of Virginia serving the residents of the Appalachian regions of Virginia, Kentucky, Tennessee, and West Virginia. The business model which is currently being conducted in the appliance store has been called into question by one of the customers who has recently purchased a computer on credit. The owner of the store, Tommy, is now contemplating what should be done to handle this situation and protect his interest in the future. In this discourse, the author attempts to reveal to the reader the alleged infractions that Takem’s may be liable for regarding the situation with his customer, Ms. Sally
Liability in restitution with disgorgement of profit is an alternative to liability for contract damages measured by injury to the promisee.” (2011)
Referring to current issue Computron is bidding $622,400 to sell its 1000x digital computer to Konig, which is 43% higher than least bid. A new manufacturing plant in Frankurt plant might have to sit idle for a couple of months if Computron couldn't win bid. Also Computron 1000X is purpose-built computer while Konig needs machine with less accuracy and flexibility.
to the flaw in the defective chip then Intel it would supply those people with a
... create an unhealthy, unbalanced market place for computer and computer software industry. The consequences are too dire to let Microsoft go on like it has in the past. In conclusion, something has to be done to create a more healthy business environment for all people affected by this case.
Journal of Dispute Resolution, 401-427.
The Latin principle of caveat emptor literally meaning let the buyer beware, has been followed for many years by the English courts in the context of business transactions. Pre the industrial revolution the action for breach of contractual rights needed a written warranty otherwise action could only be brought on the grounds of fraud. The reasoning for such action was based on the manner in which business was conducted, that is, namely at small fairs where buyers could inspect the goods and haggle accordingly. This is evidenced in cases such as Chandelor v Lopus in which a plaintiff brought an action against the defendant in relation to a Bezoar stone which was thought to have medicinal properties. In this instance, the majority of the court ruled that in the absence of a written warranty the defendant could be not liable however, the period surrounding and following the industrial revolution saw a change in how sellers conducted their business, as a result the courts and law makers began to recognise the need for non-written warranties to be upheld and the obligations thereby placed on sellers in relation to the quality of their goods. The culminative effect of which was the introduction of the Sale of Goods Act 1893. It was the introduction of this legislation and the subsequent Sale of Goods Act 1979 which was modified to bring the legislation in line with modern consumerism that purports to have brought to an end the principle of caveat emptor. In particular the implied terms stipulated in sections 12-15 of the Sale of Goods Act 1979, which are labelled as either conditions or warranties. The effect of a breach of a condition will allow the innocent party to repudiate the contract, whereas a breach of warranty will give rise ...
In August, 1948, the plaintiffs entered into a contract with the Government of India, through a department of the government ("I.S.D.") by which they agreed to sell to the Indian government a number of airfield crash tenders, F.O.B. London. All arrangements for the carriage of the goods were made by I.S.D. through their agents, who were also freight brokers for the plaintiffs and nominated one of the defendants' ships for loading under the contract. In April, 1951, the plaintiffs, in accordance with instructions issued by I.S.D., delivered one of the tenders to the Port of London for loading on board the ship. In the course of loading by the ...
Perritt, Jr., Henry H., “Electronic Dispute Resolution,”paper delivered at the On-line Dispute Resolution, Washington, DC.22 May 1996:1-14. www.law.vill.edu/ncair/disres/PERRITT.HTM.
Alternative Dispute Resolution (ADR) involves dispute resolution processes and techniques that fall outside of the government judicial process. There has been moves against ADR in the past by entities of many political parties and their associates, despite this, ADR has gained inclusive acceptance among both the broad community and the legal profession in past years. In fact, many courts now entail some parties to remedy to ADR of some type, usually mediation, before allowing the parties' cases to be tried. The increasing attractiveness of ADR can be clarified by the increasing caseload of traditional courts, the perception that ADR imposes fewer costs than litigation, a preference for confidentiality, and the desire of some parties to obtain larger control over the selection of the individual or individuals who will decide their dispute.
Kaiser, T. (2012, 11 14). [Web log message]. Retrieved from http://www.dailytech.com/Report Apples Suppliers Continuously Violate Code of Conduct Apple Does Nothing to Change It/article23867.htm
Since we are in the position of power, our negative consequences would be minimal if we do not reach an agreement. Our BATNA is that there are many other chip manufacturers we can purchase from and our high volume need for chips make us a highly desirable to other chip manufacturers. If we reach an agreement we will continue a mutually beneficial positive relationship.
Neglecting contracts and agreements can cause serious injury to someone’s property, reputation or livelihood. In a business format vicarious liability happens all the time where an employee defaces a company via tampering with their products or establishing misconduct under the company name and brand outside of the company’s presence (company property).
It provides that any supplier that claims to have suffered, or that may suffer, loss or injury, due to a breach of a duty imposed on the procuring entity, may seek review. Reviews should in the first instance be submitted to the procuring entity or approving entity itself and thereafter for either administrative or judicial review. The enacting state has a choice to pay compensation for the loss or injury suffered because of unlawful action during the procurement process or to limit the payment of such compensation to any reasonable costs incurred by the supplier submitting the complaint.
There is further evidence that litigation actually remains the preferred dispute resolution mechanism. According to Heher (1978) voluntary mediation and arbitration programs, in Los Angeles ''never handled more than 500 cases per year''. These therefore, show no