Legal And Biblical Considerations On Continuing Business Relationships

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.

In order to advise Billy in whether he is entitled to the extra $20,000 and a share in the farm, the key facts and relevant issues must be examined to determine if the elements of a legally binding contract exists. Whether there was an agreement and intention to create legal relations between the two will be used to determine whether Choy has breached a contract between the two. If a contract is found to

This discussion board post will respond to various questions regarding the Contracts Analysis Case Study involving Marshall Petersen and his local health food business from a

The intent of this mediation memo is to explain the breach of contract by the Muscadine grape producer, with whom l had entered into an agreement with to supply Muscadine grapes for my business. The agreement was supposed to account for a fixed price schedule, and I will delve into the facts of the case to clarify the breach of contract. I will explain the legal issues of the contract breach, request possible restitution, and appeal to conditions under which we can arrange a settlement.

All of the case studies are concerned with the Law of Contract, specifically the formation of a contract and the differences between an invitation to treat and a contract. We will investigate each consumers’s specific contract or lack thereof individually and advise Bruce on his legal position.

In this case, there are two issues that emerge; the first entails as to whether Johnson, who is a farmer should be treated as a merchant according to the definition of the Universal Commercial Code. The other issue that emerges in the case concerns as to whether the oral contract made between the two parties of selling 600 bushels at the price of $ 4.02 should constitute a binding contract.

There are many ideas about the correct basis for contractual obligation. They include promise, consideration, and cause. All jurisdictions follow at least one. In Thomas E. Davitt’s The Elements of Law, the author articulates a very credible argument for the basis for contractual obligation being one of those named above. Davitt simplifies the arguments for all of these and names one correct basis: the promise itself. Generally Thomas E. Davitt, S.J., The Elements of Law, 272 (1959). This paper will argue in favor of Davitt’s writings. The basis for contractual obligation is the promise itself. In order to effectively argue in favor of one basis over the possible others, it is necessary to discuss and rule out the others.

Shaw, William H., and Vincent E. Barry. Moral issues in business. 12th ed. Belmont, CA: Wadsworth Cengage Learning, 2013. Print.

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

A.1 sought to introduce and launch a new poultry marinade item, and was planning to continue an aggressive marketing campaign against its competitors. However, marketing the new poultry product was a failure and A.1 had to reassess its strategies regarding the launching of new trial marinade brands. The major challenge that A.1 based however was protecting its market share, and brand integrity by counteracting though bold launch of a new steak sauce product by Lawry which was cheaper, and very similar to the A.1 product. Lawry Steak Sauce was one dollar less than A.1. Steak Sauce ($3.99 vs. $4.99), and the Lawry product were 11 ounces whereas A.1 was 10 ounces. Lawry’s product was also similar in taste, texture and packaging as the A.1 product which also presented a serious problem for A.1. Added to this was the fact that Lawry introduced its new product live on an interactive cooking show which gave the product an extra media boost. (Kerin & Peterson, 2011, 634)

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.

He may also feel that the contact was breached and he is owed restitution. Marshall in this disagreement should first attempt to resolve this dispute without pursuing any legal action. He could use his faith and biblical teachings, to show errors of ways. He could argue the contract unenforceable due to fraud and inept execution, if he must rely on legal relief. The business relationship is best suited to be served also. The common law duty is to always act in good faith. Good faith performance is an implied agreement in nearly every contract in American common law jurisdictions (Burton, 1980). In the contract in question the promise was made, upholding an expectation of receiving the terms agreed upon in the contract. The issue is to act in good faith or to enforce the law. Marshall can secure not only supply, price, but also control of the benefits earned by his supplier. From a legal aspect, Marshall has acted in bad faith. A minor capacity to sign a contract is the bad faith act on Marshall’s part.

Pharmed First Inc. is a widely successful chain pharmaceutical company with 85 drugstores located in Canada’s Atlantic provinces. George Brenner is one of the 6 regional managers and Angela MacFee is a store manager in a mall located in Dartmouth. One of MacFee’s loyal customers have purchased 9 packages of Diet Magic on September 2011 however wanted to return them on May 2012. Subsequently, MacFee reacted hastily and defensively, arguing with Johnston in spite of Pharmed First Inc. return policy (Figure 1). As a result, Johnston wrote a letter to Frank Chen, the president of Pharmed First Inc. and told Brenner to deal with it. He proposed that the company gives Johnston a $500 voucher and that MacFee apologizes. However, MacFee remained inflexible as she also challenged Brenner’s authority.

This case is about a joint venture between the American company Blue Ridge which is owned by Delta Foods and the Spanish company Terralumen in Spain. Problems arose because of disagreement concerning the future growth rates set by Delta which are considered as unrealistic by Terralumen.

Introduction: In this assignment I will go over a few legal terms in relation to contract law. I will also talk about a few precedents that help explain the law.