Contract Analysis BUSI 561 – Spring D Emerald Jones I would continue doing business with Marshall as long as we come to an agreement on a new contract. This understanding will provide us clarity on this partnership we are going to continue to have while doing business. Marshall is a good person and I would like to see his company continue to flourish as well as his spirituality. However if Marshall does not agree with the terms of a new contract business between us will cease. There are risks involved with discontinuing business with Marshall as he may file a lawsuit against me for various reasons. If it comes to that some legal defense I may have include; covenants of good faith, minor’s capacity to contract and fraud in the …show more content…
In the month preceding my son signing the contract he then turned 18, in which I was still unaware of the contract in standing. This in turn leads to grounds of fraud in the execution of a contract. As defined by Merriam Webster Dictionary fraud is “any act, expression, omission, or concealment calculated to deceive another to his or her disadvantage” (Merriam Webster Dictionary). I feel by giving my son the contract instead of me, Marshall was concealing his intentions and has ulterior motives aware that I had no knowledge of it. Otherwise I feel he would have given it to me personally and not my son in the first place. My son is a part-time employee and not the designated decision maker for the company. Every prior agreement that was made was done solely between Marshall and myself. Why would he now out of nowhere give my son who he has never made previous agreements with a contract to sign on my behalf? There could be something within Marshall’s contract that I as the company’s decision maker do not agree with. Marshall’s contract was given fraudulently he stated this contract was “just a formality” however the contract should have been reviewed and signed by me. The legal causes of actions Marshall may bring against my company include; Section 2-306
Enforceable contract Peter v. Don. Peter will have an enforceable contract with Don if he can show that all the required elements of a contract are present. If there is a contract between the two then it will be governed by the common law requirements of an enforceable contract instead of the Uniformed Commercial Code, which would be used if their agreement had involved the sale of goods. In order for a contract to be formed between Peter and Don the two must react mutual consent Mutual consent can generally be formed through the form of an (A) offer and (B) acceptance. An additional requirement for both parties to show (C) consideration is also
-The Issue: were all the elements of a contract present to make the contract enforceable?
A contract is defined as, “a legally enforceable exchange of promises or an exchange of a promise for an act that assures that parties to the agreement that their promises will be enforceable (Kubasek 2015).” Contracts are essential for businesses to conduct business with one another. Before delving too far into the Muscadine grape case, it is also important to note that a sale is the, “passing of title to goods from buyer to seller for a price (Kubasek 2015)” and that a good is considered, “tangible personal property (Kubasek 2015).” Muscadine grapes and their by-products are the goods in question. When considering any legal case it is important to first consider the facts and the issues that are being considered.
Wally, business owner of Windy City Watches is located in downtown Chicago, IL. Business is booming and Wally needs to buy a large quantity of Rolek watches which sell for $50 apiece. He calls Randy Rolek, the wholesaler located in Milwaukee WI. They discuss terms on the phone for a while before coming to an agreement in which Wally offers to buy 100 watches for $25 each. Randy sends over an order form in which Wally states that he is agreeing to purchase watches from Randy for $25 each, but does not include the quantity in which he will buy. Randy sends 50 watches the following week with a note included stating that he has sent 50 watches and will send the other remaining 50 watches within a few days but includes the bill for the full
My son turned 18 last month and did not void said contract prior to such. I personally believe that Petersen committed
, but Marshall said that since it was a contract it could stay and was legal
Rule : : Contract formation requires mutual assent (offer and acceptance), consideration, and no viable defenses to contract formation.
I drafted the requirements and one particular day, I handed the supplier’s son the requirements contract and asked him to sign on behalf of the company, which he agreed to. However, the demand for the products skyrocketed nationwide after an article was written in the Huffington Post highlighting the antioxidant qualities of Muscadine; prompting the supplier to repudiate the contract by either increasing the prices of the products or referring me to other providers. At the time, the requirements contract was signed by the supplier’s son I was not aware that he a minor.
In the Valencia case the minor entered into a contract crucial to the operation of his trucking company. At the
Bernie a resident of Richmond, Virginia decides to sale his 2006 Ford Fusion for $13,000.00 and places an ad in his local newspaper on February 1st. After several weeks without any inquiries, Vivian contacts Bernie on March 1st stating she will pay him $12,000.00 for the car. Bernie arranges to meet with Vivian on March 5th to complete the deal. Vivian comes to Bernie’s house on March 10th and says she will give Bernie $12,500.00 for the car; but she needs three additional weeks to come up with the money. Bernie agrees but only if Vivian puts down a deposit. Vivian agrees and Bernie drafts an agreement stated the sale will must take place no later than March 31st. Vivian reads and signs the agreement and
Pat was very frustrated because she wanted to purchase a home but lacked the funds or credit to do so even though Pat was expecting shortly to receive a one-half million dollar final installment payment for some land she sold several years earlier. Dan knew that Pat was very interested in purchasing a home and approached Pat with a proposal to assist Pat in buying a home. Dan told Pat that he would help Pat with the financing. After finding the home she wanted to buy for $250,000, Dan and Pat orally agreed that Dan would purchase the home and "when you come up with the money, I (Dan) will sell it to you (Pat) for $250,000 plus a fair commission to be determined."
Marshall received a signature on a contract from a seventeen year old minor in which he hopes to enforce. From a legal standpoint, minors have a limited ability to enter into contracts. The seventeen year old minor employee can void the contract he signed at any time. Minors have the option to do this because of laws made to protect them
would give 100 £. The company then deposited 1,000 £ in a bank to show
other in order to form a contract, the value of the consideration need not be
that the document did not appear to be contractual. In D J Hill and Co