Introduction For any given contract to be legally enforceable, it must be made up of an offer, acceptance as well as consideration (Young,2010).Both of the concerned parties must have the ability to enter the contract, meet its conditions while ensuring that the subject of the given contract is legal under the constitution. According to this case, Todd entered into a legally binding agreement with the company (Foodmart, Inc.) through their online contract form. The company offered to provide him with an online ordering service for home delivery. This service is however only applicable within a 10-mile radius of each store and is enforceable upon clients agreeing to their terms and conditions when making their initial online purchase. Todd agreed to these terms and conditions and then unsuccessfully tried to make a purchase of a certain chocolate. After his unsuccessful attempt in purchasing the sauce that he required from 2 additional stores, the company refused to get him his sauce. He ultimately sued the company for a breach of contract and then made a claim of damages totaling the amount of money he would have made after selling the cake that he was to make with the unavailable chocolate cake. It is quite clear that both parties were part of a legally binding agreement. There is a possibility that a breach of contract took place. This breach could have been caused by Todd or Foodmart, Inc. According to the terms of the contract that Todd agreed to, the stated sales
the superior tracking capability of RFID chips would reduce shrinkage and other forms of loss by up
Kroger would like to be included in the ACD for Anchorage. Which is currently in their Kroger-TeamCo and Kroger – TeamCo STEP portfolio. A little background on the Kroger/TeamCo relationship: Kroger, recently submitted a full redemption request to TeamCo (TeamCo is a FoF and the majority of their business is with Kroger). As a result, TeamCo has started the liquidation process and will no longer exist as of January 2018. However, the anchorage position in the TeamCo portfolios have always been in Kroger’s name, so there will not be a need for a transfer of ownership or beneficial ownership. Kroger is still needs to figure out if they will redeem, maintain or add to the position. In the meantime, they would like to be included to
This inquiry contract (offer and acknowledgment) of the Act included in the silver truck with a substantial obligation suspension and bogus responsibility of $ 300 000, as Peter sued. Consequently, Peter additionally had lost $ 20000 for his development business.
In contract law there are four basic elements that must be met before a contract can be valid. These elements are: an offer and intent to do something, acceptance of what is offered, intent to create legal relations, and consideration. (Kubasek 2008). In the case of Sam Stevens and the national chain store, an offer is made when the chain store manager says it will sell Sam’s barking dog machine exclusively.
Four elements must exist to prove there is a valid contract between the chain store and Sam Stevens. These four elements include the agreement, consideration, contractual capacity and legal object. The first element of the agreement would be deemed to exist if one person makes an offer and the other party accepts that offer. In this case, Sam did verbally agreed to send the 1,000 units to the chain store; that element does count toward a contract. The second element of the consideration would be deemed to exist if each party gets something in exchange for their promise under a contract. If Sam and the chain store agreed to what he would get in return for his 1,000 units, this element would be valid. However, this was not mentioned by either side, so the contract would not be valid.
I believe that there were two contracts made in this scenario. The first one was the verbal contract that sated that the stipulations of price and the fact that there needed to be a written contract before distributing the product. The email, since it was in writing can also count as a written contract; both parties had knowledge that there would be some sort of written agreement. Chou was in the right to think that the email stating the key terms and agreements counts as a contract.
The contract is a legally-enforceable promise or a set of promises. The four elements of the contract are 1) the agreement, 2) the consideration, 3) contractual capability, and 4) lawful object (Cheeseman, 2015, p. 188). These elements are required to exist for a contract between Sam and the chain store to be valid. The first element of the contract is the agreement which is a combination of the offer and an acceptance which both need to exist. The agreement between Sam and the chain store exists because Sam had verbally agreed to send 1,000 units to the chain store, as per conversation with the store manager. The second element of the valid contract is the consideration which could exist if both parties, Sam and the chain store, had agreed
In order for a contract to be considered valid four elements must be present, 1) Agreement 2) consideration 3) contractual capacity and 4) legal object (Kubasek, N. 2011 pgs. 304/305).. In Sam’s case of his invention, the first element, Agreement, certainly exists. Sam had made a verbal “offer” to deliver one thousand units to the chain store, and the stores letter to Sam demanding delivery of the product can be considered an acceptance of his offer. The second element of a contract is the consideration or the bargained for exchange under the contract (Kubasek, N. 2011 pg. 343). While one might assume that in this situation each party had agreed to exchange something for others services, there is no evidence
There are various elements that should be present to prove a valid contract exists between Sam and the chain store. There are four elements of a contract and they consist of an offer and agreement, consideration, contractual capacity, legal subject matter, and no valid defenses (Kubasek, 2015). The first element agreement would be considered to exist if: the safety chain store (offerer) made an offer to Sam (offeree) with actual intent to be bound to an agreement, definite terms were agreed on, and if communication occurred between Sam and the chain store. The second element of consideration would be deemed to exist if the chain store discussed the type of payment Sam would have received for delivering 1,000 units of his new invention. Consideration,
Most people have the capacity to enter a valid contract, however, minors, people with mental disabilities, drunks, convicts, and elderly are not of capable mind to enter into such an agreement. Finally, the fourth element of legal object would be deemed to exist if the elements in the contract are not violating any legal state or federal statutes. The parties need to enter the contract under their free will and have full understanding of what each party is doing. Contracts may be voided by the legal system if they are harmful to society or are for unethical and illegal purposes. If the elements of a contract did exist between these parties, there could still be some possible reasons why a contract might not be valid based on facts not present in the scenario. For example, if Sam were a minor at the time he made the agreement with the chain store, the contract would not be valid because any contract entered with a minor, under the age of 18, can be voidable by law. I believe that a valid contract does not exist between Sam and the chain store. In the agreement Sam tells him he will deliver 1000 units of his invention, yet it does not state what he will get in
As you know our Michael Foods contract is scheduled to start 8/1/2015. The Michael Foods liquid eggs are an open coded item at Sysco, meaning, it is extremely difficult for Sysco to ensure our volume is allocated to only La Madeleine locations. It is very possible that other Sysco customers could be sent the liquid eggs that are allocated for LMI. Although there seems to be no way to avoid this possibility (per Sysco), we can play the odds in our favor. Sysco receives their deliveries in the beginning of the week; therefore, we are recommending that we instruct all cafes to order all of their liquid eggs weekly need on their first weekly Sysco delivery. Ordering all liquid egg needs at the beginning of the week will greatly decrease the
Contracts, business, and laws are three simple little words, but when put together they have a substantial impact on our everyday lives. Below we will discuss three case studies. The first case is between Chris, Matt, and Ian vs. Donald Margolin, who was injured when he used an aftershave lotion that he bought off the internet called Funny Face. The second case is between Sam, his landlord, and a national chain store. Sam is being accused of conducting business from his apartment and going back on a verbal promise. In the last case is two lifelong friends who decided to join in a partnership and open up a sporting goods shop. Therefore, before the appropriate court can proceed with the first case, the court should take into several considerations around the rules of jurisdiction, alternative dispute resolution (ADR), and whether or not corporation/or corporate offices can be held for the criminal or potential act. In the second case before the court can rule the court should determine the various elements of a valid contract, if a quasi-contract exists, a promissory estoppel, and the rights an obligation of a tenant would prevail on Sam 's claims. Finally, in the third case between Jeb and Josh, they should determine the type of business entity that will overall protect their business and personal needs.
Compact Fluorescent Light (CFL) were introduced in 1980 with the purpose of saving energy. They initially were very expensive and consumers were aware of many flaws that made them hesitant to purchase the bulbs and bring them into their homes. The positive effects of switching from alternative bulbs to CFLs were overshadowed by media attention highlighting the issues that remained unresolved. Wal-Mart pushed promotional programs in 2007 that were very successful. They introduced a private label at a lower price, offered online ordering, posititioned the products well, installed interactive displays and engaged with new partners to promote energy efficiency. In 2009 the CFLs were redesigned and
In 1954 Ray Kroc became the first franchisee appointed by Mac and Dick McDonald in San
Wal-Mart is a company which operates in the service sector, more specifically in the “Discount, Variety Stores/Retail” industry. The company’s superior performance is demonstrated through the fact that it was America’s largest company (in terms of revenue) in 2002, and the reputation of the company is reflected in the opinion of “Fortune” who have identified Wal-Mart as one of the world’s most admired companies. In 2004 Wal-Mart had been hiring 1.4 million employees – making it the largest corporation in the world. Wal-Mart’s share prices have also been stable at time of stock market volatility. There are