In regards to the claim argued by Marshall Peterson, there has been a breach of the contract by the grape producers that supply Muscadine grapes to the health food store owned by Marshall Peterson. As a result, Marshall Peterson filed a lawsuit against the grape producers. However, the grape producers proposed that the matter at hand be resolved through a mediation process that the church offers rather than initiating the court system to resolve the incident. Furthermore, Alexis Fairchild will mediate the proceedings that Marshall Peterson has agreed to utilize to settle the dispute with the grape producers.
Facts of the Case
Although the son of the grape producers was only 17 years of age, Marshall Peterson propositioned the son of the grape producers to sign the contract. In addition, Marshall Peterson failed to disclose the contents of the document to the son of the grape producer during a routine delivery of Muscadine grapes. However, Marshall Peterson understands this contract to be legally binding. Furthermore, Marshall Peterson has benefitted from superior sells due to the addition of Muscadine grapes in his health food store. As a matter of fact, the invoices received at each delivery state that all payments must be paid within a time frame of 30 days of delivery, however, the grape producers have graciously allowed Marshall Peterson to pay the balance as late as 60 days past delivery, with no penalties. As far as Marshall Peterson is concerned, the business
The Grapes of Wrath by John Steinbeck was written not only to enlighten people about the conditions of America during the Great Depression, but also to share his beliefs regarding the American Dream that so many aspire to achieve. The Great Depression inspired many people to change their lifestyle for the betterment and happiness of their families. These tumultuous times often created desperation for families—oftentimes to get money to be able to support their family. The American Dream measures person or a family’s success based on their achievements, whether it is regarding their wealth, societal class, relationship with a higher power, or their occupation. Steinbeck crushes all of these beliefs in The Grapes of Wrath because he knows that
From the start, organizers of the grape boycott aimed at using non-violence to gain the patronage of consumers. In the Proclamation of the Grape Worker, Dolores Huerta states, “We mean to have our peace, and to win it without violence, for it is violence we would overcome-the subtle spiritual and mental violence of oppression, the violence subhuman toil does to the human body”(Huerta). In other words, growers although wrong, often exhibited violence to scare insubordinate workers into complying, yet farmworkers would not succumb to the same wrong by using violence. The most compelling evidence of the violence used against farm workers is described in a new article written by Andrea Castillo. Castillo interviews song writer Augustin Lira, who
In this case, there are several important issues to note. The initial issues is that a contract was signed by a minor acting on behalf of the company and not by a specified owner of the company. The question here is if this contract is legally binding and what recourse of actions the parties may have. The first step would be to consider the legality of the contract. In order for a contract to be legal it has to possess several important criteria. Contracts have to be communicated to the parties it effects clearly. (Kubasek 2015). In this case, the contract was not communicated at all to the owners of Muscadine grapes and it was also not
The Grapes of Wrath, written by John Steinbeck, is considered by many to be the hallmark of American literature. It covers the journey of the Joad family as they stick together through one of the harshest eras in American history, the Great Depression. The structure of the Joad’s narrative is interspersed by smaller, highly descriptive interchapters, which sets the novel apart from other classics in its ability to make the reader understand and relate to the Joads and everything they went through. The detailed, impactful vignettes foreshadow problems the Joads have to overcome and the overview descriptions in the vignettes contrast with the specificities of the Joad’s story. They contain Biblical allusions, colorful descriptions, and objects that can interact with the main characters later in the narrative. Through the use of imagery and diction, the vignettes make Steinbeck’s message more impactful and meaningful.
In 1932 20,000 veterans assembled an ‘army’ and marched to Washington D.C. in search of their bonus. They wanted this bonus because the nation was in the midst of a depression and were struggling to live, they felt that the government owed them something for their time in service. While they were in D.C. they lived in Hooverville’s which were poorly built structures made of scraps.
The abuse of power in order to make a profit is a prominent theme today in current events and throughout the novel The Grapes of Wrath by John Steinbeck. Today, people in positions of power use that power to take advantage of their workers and customers in order to benefit themselves. In The Grapes of Wrath, most of the Joads’ problems stem from people using the power they have to deceive them. Economic abuse of power is not only prevalent today, but is also prevalent in The Grapes of Wrath as shown through the bank owners, salesmen, brokers, and the landowners.
The Grapes of Wrath written by John Steinbeck, still remains one of the most controversial novels ever written. “The book was publicly banned in some places, burned in others, and heatedly debated on the radio” (Wartzman). The novel follows the Joad family on their journey to California and their struggles to survive during the Dust Bowl and The Great Depression. The family, along with the thousands of many other migrants, were treated poorly from the Californians. They came with the promise of work, but found very little.
The Grape producer which was my wife’s Sunday school teacher and I entered a professional business relationship after I revealed to him that I was interested in expanding and growing my business by adding new product lines. Subsequently, he introduced me to the Muscadine products that his family produced, resulting with me sampling the products and ultimately because of the product line success, I increased shipments and heavily promoted the items with marketing and advertising. Moreover, because of the Grape Producer’s ability to supply me with all the product I needed when I needed it, and at the consistent prices over the last 6 months I decided to formalize our implied contract in which both merchants provided product for payment without a formal written contract (Kubasek et al., 2016). Nonetheless, because of the trust for the Grape Producer’s outstanding record of integrity through actions and words reveals “let your yes be yes or no be no; and anything more than that comes
The set-forth agreement is between Marshall Peterson and Barfield Family Farms. Marshall Peterson retains the right to buy Muscadine grape and other antioxidant products by the Muscadine seeds from Barfield Family Farms at any quantity requested. Barfield Family Farm’s billing rates shall be the same as those outlined in the price schedule in the terms of this contract and shall not exceed $8 per gallon. Marshall Peterson and Barfield Family Farm shall perform in good faith in by following the proposed services found in the outlining pricing schedule. This agreement commences upon the signing of this
John Steinbeck’s novel The Grapes of Wrath is the story of the experiences of the Joad family from the time of their eviction from a farm near Sallisaw, Oklahoma to their first winter in California. The Joad family’s story illustrates the hardship and oppression suffered by migrant laborers during the Great Depression. The novel begins with the description of the conditions in Dust Bowl Oklahoma that ruined the crops and instigated massive foreclosures on farmland. Hundreds of families packed up what little belongings they had and traveled to California, where they hoped to find prosperity and rebuild their lives.
Similar to the American judicial process, we must first begin with the facts that surround this case. Marshall owns a health food store that is utilizing my Muscadine grapes, largely due to their high antioxidant qualities, and places modest phone orders. Over time Marshall has increased his orders, which I have always fulfilled without delay. I have invoiced Marshall with net 30 terms, but Marshall has not been prompt in his payment, continuously paying past the established due date. Unbeknownst to me, Marshall receives a signature from my minor son, who agrees to the “formality” of a written contract that guarantees our continued business partnership. After the Muscadines are featured in an article from The Huffington Post, demand for these distinct grapes skyrockets, prompting several new offers from as far as Texas. Furthermore, the offers that I receive are
This mediation memorandum will discuss the different breaches of contract made by the Muscadine grape producer, with whom I entered into a requirements contract to supply their grapes for my business with a guaranteed price schedule. The fact of the case will be outlined, explanation as to how the contract has been breached, examination of the legal issues of these breaches of contract, requested potential remedies, and conditions under which a settlement could be reached.
Looking back to the day I met Marshall Petersen; I feel I should have gotten to know him better before offering him a chance to promote the Muscadine grapes or seed products. The day I met him, I was trying to reach out in hopes that he would continue to come to church with his wife, Gloria. When he started placing regular orders, I should have set up a meeting with him and created a contract at that time, along with explaining that our invoices require payments within 30 days.
In choosing to discontinue supplying Muscadine grapes to Marshall’s health food products, several legal issues would need to be resolved. Marshall’s legal action would probably be formed as a breach of contract claim based on the requirements contract he faxed, as well as acting in good faith and fair dealing in accordance with contractual laws. Both of these issues would need to be resolved in order to legally discontinue acting as Marshall’s supplier.
Throughout the years there has been many definitions of mediation. Nevertheless one the most acceptable definition of mediation refers to this procedure as a “…process in which the participants, with the support of a mediator, identify issues, develop options, consider alternatives and make decisions about future actions…” . They also described mediators as the third party assisting the participants in reaching their decision. This process should form a part of the pre-trial civil litigation process as its advantages on the legal system and the community outweigh its disadvantages. The distinguishing models of mediation make it a suitable approach for all or most civil cases.