Grape Apparel Company Case

I invested a significant amount of time to prepare for the Byrnes, Byrnes & Townsend negotiation meeting. I represented Mrs. Townsend, the plaintiff in this case and I chose co-operative strategies and tactics for this negotiation exercise. For me to address the liability and evaluate the case, I had to divide the facts in four categories: weaknesses and strengths of the opponent, weaknesses and strengths of my case. From the class discussions, I learned that the success of the negotiation directly depends on the preparation stage, therefore, I carefully assessed the obtained information, evaluated interests of both parties, set out substantive, intangible, and procedural goals, developed mine and my opponent`s BATNA, set the limits, and implemented negotiation strategy and tactics.

Termination Tempest is a truthful demonstration of the mediation of an employment dispute. Mediator, Margaret Shaw, in the middle of the table, works with the two parties - Kane Restaurant Supply (“KRS”), defendant, represented by Mr. Kane, son of the founder of the supply chain, and Mr. Thibideau, plaintiff, a former employee of Kane Restaurant Supply. Parties’ counsels are present as well.

Mr. Petersen could seek monetary compensation by litigation or arbitration methods. If Mr. Petersen choices litigation he could file a lawsuit against me for breach of contract. He could claim I have violated the terms of the written contract by not continuing to supply him with the same volume and shipment quantity of grapes at the per-market-jump price. Mr. Petersen could also claim promissory estoppel on the grounds that he believed my son was acting as a company agent and I did not dispel that belief; therefore, my son would be considered authorized to act on my behalf (Restatement (third) of Agency, 2006). If the court upholds the doctrine of estoppel, then under U.C.C. section 2-306 - which governs requirements contracts - I would be legally obligated to continue supplying Mr. Petersen with

I am requesting the you view the following mediation website http://www.clarityoverchaos.ca/ and agree to meet in this formalized process to utilize the contained resources and mediate you and I through this dispute.

I am writing you this memo in compliance with the mandatory mediation requirements issued by the court. I would first like to state to you my stance in this case. I have been dealing with this particular vendor for about six months now. The business relationship started after my wife and I visited Mrs. Doe’s Sunday school class in Huntsville, Alabama. I was there in support of my wife and to explore the Christian religion, but in small talk Mrs. Doe informed me of her family’s grape vineyard and the value of a certain natural product they produced. My natural herb store was in need of some new products for my customers so

The essence of mediation is controversial, in some cases it makes the situation better and others it could make the situation far worse. There is mediation for rapes and violent assaults, and now mediation between drunk driving accidents has become more popular. Mediation really depends on the circumstance and there must be great precaution taken in regards to whether it can work or not. When it comes to the case of the Serrell’s this study suggests that mediation would not be of great value. The study explains “In fact, there may be little or no conflict to mediate and restitution, especially in cases of a lost life, may be impossible or meaningless” (Marty Price). The interesting part of this information is that the Serrell’s somehow despite the pain, looked beyond the death of their daughter and decided to engage in changing the life of Susanna. The study continues to explain that the primary focus of the meeting is to have an opportunity for the victim and offender to contribute to each other’s healing by sharing their pains and regrets. This is exactly what the Serrell’s did. This study gave greater insight into the conditions of their case because it also explained what the mediator needs and what they need to help the defendant. For example, the mediator needs an understanding of the victim’s experience, experience in dealing with grief, and the ability to collaborate with other professionals. For the offender, they need an understanding of the criminal justice system, the ability to relate with no judgments, and the ability to negotiate. It is compelling to know the products of mediation and interesting to see how the workings of mediation truly did apply to the Serrell

Mediation is a very potent option that is considerable in organizations which is utilized for disputes. Essentially, the process is very private, relaxed in setting,unpretentious, and optional. In general, a neutral mediator facilitates communication between those in dispute to assist them in developing mutually acceptable agreements to improve their future working relationship (“Mediation of Workplace”, n.d.). Mediation can be effective in both union and non-union settings and at all levels of the organization (“Mediation of Workplace”, n.d.).

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.

Marshall can provide factual examples of his business promoting Muscadine grapes and receiving consistent and fair market value of the product by monthly invoices. According to Rousseau (1989), “the implied contract is a pattern or custom of obligations of reciprocity observable by third parties.” The legal stance he may bring is that of an implied-in-fact contract. In the case of Barry v. Pacific West Const, Inc., (2004) Pac-West, the general contractor, hired a subcontractor (Barry) who was not licensed to perform specific maintenance. Barry performed construction on the job and he refused to perform construction that he was not licensed to complete. Upon this request, Pac-West turned him away from the job site. Barry sued for breach of contract and unjust enrichment. The courts could not enforce the signed contract because Barry was not licensed/certified to perform the work. However, the court ruling decided that the work he did complete before we was let go, unjustly enriched Pac-West. The court concluded that Barry could recover only the amount he performed on that job site. The case study is no different. No party in the case study was unjustly enriched but the contract is not enforceable by law due to the inability for a minor to enter into a contract.

I began to visit my wife’s church and I met a man who is the producer of Muscadine Grapes. We spent some time speaking to each other and I disclosed that I am in the health food business and interested in the health benefits the Muscadine Grapes possess. I was then asked by the grape producer if I would like to promote his product in my store. Once I received my samples of the grapes, they became very popular and I began to need more products to keep up with the demand. I invested a significant amount of money advertising the product. Due to the high demand of the Muscadine Grapes, I asked the delivery driver to sign a requirements contract to ensure the grape producer will not suddenly stop supplying my store or raising the prices on the product. An Article from The Huffington Post reported on the antioxidant benefits of the Muscadine Grapes. Shortly thereafter, Muscadine Grapes popularity skyrocketed throughout the nation and sales continued to escalate. The grape producer called me and informed me that a company out of Texas was willing to pay him double for the Muscadine Grapes and he gave me the names of other possible suppliers. He also said he would give me the names of potential suppliers that may decide to sell me the grapes but it is not guaranteed. The bottom line is that the Muscadine Grape producer was offered a significant amount of money to sign an output contract with the other company doubling the amount of money I was paying him for the

Introduction Grocery, Inc. is a retail grocery store and has stores throughout the United States. Grocery has written contracts with many different vendors to purchase the products they sell in their stores. In this paper, Team B will evaluate contractual scenarios that impact Grocery Inc. The scenarios range from individuals to international corporation contracts. Team B will make clear facts of contractual law and remedies available to parties involved.

Although the main question of this paper is whether to continue a business relationship with Marshall, the issues involved in making both legal and biblically moral decisions surround whether entering into an output contract with the Texas company is a viable opportunity based on the current business relationship with Marshall. The ongoing trade of Muscadine grapes between Marshall’s health food products business and my family produce company has been mutually beneficial; however, the output contract with the Texas company would be a more advantageous investment decision at this time. At the same time, Marshall’s visible anger and insistence of our honoring a requirements contract, which was not legally authorized, has forced me to seek biblically-sound methods to legally dissolve this business relationship preferably through the use of some form of mediation or arbitration.

1. Does Article 2 of the Uniform Commercial Code (UCC) apply to the contracts between Grocery and its vendors? Do common law contracts apply? Explain, in detail, why or why not. Your

The Muscadine grape farm must take action to void the business partnership with the health food products business operated by Marshall Peterson. Marshall operates by deceit and puts his greed as a priority over the well-being of the Muscadine grape farm. In addition, Marshall’s wife, Gloria, may be oblivious to the crooked actions of her husband. However, a boy 17 years of age is legally not able to enter into a contract representing the Muscadine grape farm of his parents. If proper procedures were taken by Marshall to establish the contract between his health food products business and the Muscadine grape farm business, the questionable acts of this scenario would have different alternatives of resolution. However, Marshall knowingly

It is felt that Marshall may have definitely thought about the segment turning out about the applauding of the antioxidant of the Muscadines grapes. He purposefully deceived my child into signing the contract by expressing it is only a custom to ensure business relationship. This is something that Marshall and I ought to have talked about and not controlled my child into the “requirement contract” all together for him and me to secure the same quantity and costs. I would quit business with Marshall, basically, for duplicity and misdirecting a minor.