Acc/561 Contract Analysis Paper

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.

University of Phoenix Material: Elements of a Contract Scenario Read the Elements of a Contract Scenario.

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

In the above case study the ethical dilemma is whether to give the contract to company A which is a fair option among the two or give the contract to company B because it is run by Nirmal’s friend Devraj.

Dr. Deere was unsuccessful in proving his case under TRPA. There was absolutely no evidence. The only evidence documented, was the mere fact that he was referred to as a consultant or as a contract laborer. I feel that Dr. Ingram established his business as a sole owner, due to Dr. Deere lack of participation financially and with day-to-day operations.

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.

The purpose of this paper is to review the case study of Marshall Petersen. I decided to do business with Marshall after meeting him in my Sunday school class in Huntsville, Alabama. Even after knowing Marshall for less than six months, I decided to trust Marshall due to him wanting to expand his Christian faith. Marshall owns a local health food business and my product line did wonderful with the customers. I acted upon good faith from the beginning delivery everything promptly and gave Marshall consistent prices. Even though Marshall was often late on payments, I continued to give him my best services without penalty. However, our business relationship quickly turned for the worse when Marshall handed my son a requirement contract, which

Base on the case study, The Social Contract Theory (SCT) generates a workable framework for solving ethical issues:

In this paper an attempted analysis is made to answer the following questions from both a legal and spiritual perspective: What should be done about continuing doing business with Marshall? If you elect to stop doing business with Marshall, what legal causes of action might he bring against your company, what damages or remedies might he seek, and what legal defenses might your company have? Also, if you stop doing business with Marshall, what are the potential impacts on Marshall’s continued exploration of his faith? What biblical options are available for resolving your disputes with Marshall?

John Anderson is in a fiduciary relationship with International Widgets, because the company has entrusted him to carry out his duties in an ethical way. International Widget trusted John with clients’ information. But John broken that trust and violated the company’s code of ethics therefore should be terminated and legal actions should be taken against him for lost of business.

I am not terribly involved in stocks, Wall Street, or international trade. The only news I receive about business is when a non-profit is funded or corruption is discovered in a major corporation. Reading Grudem’s book gave me insight into issues businesses face, both internally and externally. His book also claims that every aspect of business is fundamentally good from a Biblical standpoint. The purpose of this paper is to evaluate business under Biblical values and analyze how productivity, profit, and competition can be used and misused in Biblical context.

In this assignment, it will through some rules of Common Law and Corporation Act to discuss whether Yolande, Shani and Wei breach their duty (part A) and whether the contract was bound by Nurture Nature Pty Ltd Company (part B).

In this week’s Individual Project we are asked to consider specific questions in regards to the case of a Seattle man who took on a soft drink giant in regards to a Harrier Jet. The following pages will discuss first the four elements of a valid contract and then move into a discussion of the objective theory of contracts. The objective theory of contracts will then be applied specifically to the Leonard v. PepsiCo case. Next a discussion of why the court held there was not a valid contract in the Leonard v. PepsiCo case will lead into an explanation of why advertisements are not generally considered to be offers. In conclusion a

I would seek legal advice from an attorney regarding the contract that Marshall had my son, which was a minor, to sign is legally binding. Once I ascertain that it is in fact a voidable contract, I would discontinue doing business with him. Marshall Peterson has been frequently making late payments and I haven’t been charging him any late fees or interest, even though my invoices state that I reserve to right to do so. He knew that I was unaware that he had my son sign a contract that grantees that I continue to supply him with all the product he needs, when he needs it, and at the prices he had always paid per the requirements of the contract between my businesses and in accordance with an implied duty of good faith and fair dealings that had evolved based on my ongoing business relationship with him. He assumed that I would be legally bound to honor the contract. My son was a minor at the time that he signed the contract and is only a part-time delivery man for the company. Furthermore, he has no legal rights or authority to enter contracts on behalf of my company. The terms of the contract is not certain for a court to enforce it. Additionally, in order to be bound by a contract a person must have the legal ability to form a contract in the first place. My son was only 17 years old and not of legal age to sign a non-void contract. According to Mark Glover, a contact entered by a minor maybe cancelled by the minor or his guardian within a

Consumers purchasing products and services on credit or a loan happens every day in today’s society. Tommy Takem is the proprietor of an appliance and electronics store located in a rural area of southwest Virginia. The business sells merchandise to customers who are predominantly uneducated, poor, and Tommy received a letter from a disgruntled customer who is claiming the contract is unconscionable, no further payments would be made, and if he does not clear the debt, threats of litigation and letters will be sent to the editors of all local newspapers. Tommy is apprehensive to the validity of the charges stated in the letter and how it may affect his lucrative business. The focus of this research is to answer the questions concerning the justification of the disgruntled customer’s threats, and the ethical or unethical business model.