Introduction There are three main contractual scenarios in the content. It will introduce the material facts and related legal issues of each scenario. A detailed analysis will be provided in below to further identify the issues with principles and cases. At the end, there will be conclusions and additional arguments for cases. Scenario 1 Facts & Issues One day, Candy- the owner of Candy’s Coffee Cart had lunch with her childhood friend Blair – the owner of Blair’s Beans as a coffee beans and coffee equipment supplier. Blair has mentioned the launch of new coffee beans which met Candy’s requirement. So he suggested Candy of “22 two-kilogram bags of Sumatran coffee beans per month at his list price for five years”. And Candy accepted. …show more content…
This must be communicated to the offeree. Refer to Carlill v Carbolic Smoke Ball Co , Blair’s suggesting the coffee beans is an offer to Candy. From the fact, it clearly identifies the terms such as the length and the content of the contract and communication involves. So it is manifest that an offer exists. Next is to discuss it there an acceptance in the contract. An acceptance is a final, unqualified assent to the terms of an offer specified by the offeror . It also requires communication to the offeror. According to The Crown v Clarke , the acceptance should be made in reliance on offer. In this case, Candy accepted Blair’s offer, which symbolises as an acceptance. Prior to the intention to create legal relations, one noticeable argument may be the time of the intention. Acceptance created may be subjective or conditional upon a special event , which whether the conditional acceptances should be viewed as intention to be bounded in the contract is unclear like Masters v Cameron . To some extents, Candy accepted all the terms except the contract length while Blair agreed to edit this term later when they entered a written contract. But it did not mention about the following process of this contract. It is acknowledged that the agreement agreed with might only be regarded as “Head of Agreement” and the intention would be at the time the contract being signed. Or more information is required to adjust this argument. Based on the justification above,
Most time, acceptance would be made in clear and loud matters, such as saying “Yes, I accept.” But silence would constitute acceptance of an offer where the common-law and statutory law allows. Supreme Court of Nebraska has confirmed in Joseph Heiting and Sons v. Jacks Bean Co that acceptance may be established by silence or inaction of an offeree and acceptance occurs when the buyer/offeree “does any act inconsistent with the seller/offeror’s ownership...” Neb. U.C.C. section 2-606(1)(c). In Joseph Heiting and Sons v. Jacks Bean Co, 463 N.W.2d 817, 236 Neb. 765 (Neb.,1990), Heiting (Plaintiff) offered to sell its beans at the posted price on September 30, 1987, but was never informed of acceptance or rejection of the offer. Heiting and Jacks
The inoculate Fair Trade coffee beans which satiate consumers ' morning desire for a pick-me-up as well as bettering the lives of the growers begin their journey in the Northern highlands of Sumatra in the Indonesian Island chain. Trader Joe’s Fair Trade Organic Sumatra Coffee beans are grown on the small Indonesian island of Sumatra in the tropical South Pacific. Rather than being produced on large Multinational Corporation owned-and-operated plantation style coffee farms, this global commodity begins its journey from creation to consumption on small, several acre large plots owned, operated, and harvested by small-scale farmers in the
The coffee served in Second Cup is also high quality and the drinks available strongly rival those in Starbucks. In the past decade there has been an explosive growth of 157% in the area of coffee shop market. Canadian coffee market share, new companies have limited to no space for growth in North America. Second Cup’s market share at the Canadian market is about 8%.Upon these facts and analysis there is an unlimited growth possibilities in the coffee market in Canada. There are different factors that do influence in the purchase of coffee from these outlets and the the way these coffees are priced. Customers are reluctant to get coffee from these outlets as the prices are too high than the coffees that could be made at home. There is a huge conflict between the pricing of coffees at these places and homemade ones. Coffee shops are determined to serve the best quality coffees which are been imported from South America and Africa, due to the rise in oil prices transportation charges have also been increased. And also due to different global climatic conditions the prices of these gourmet coffee beans have been increased.
University of Phoenix Material: Elements of a Contract Scenario Read the Elements of a Contract Scenario.
Contracts are an important part of everyday life. They are an essential part of business. As a student of a business law class, I will discuss in this paper several aspects of contracts. This paper will give a definition of a contract and the essential elements necessary to form a valid contract. It will briefly discuss breach of contract and the difference between a material breach and a nonmaterial breach of contract. Examples of legal and equitable remedies available for breach of contracts will be highlighted. Also, legal excuses for nonperformance or other grounds for discharge of contracts will be addressed. Finally, three types of common contracts personally and professionally encountered will be mentioned.
The first element of a contract is the agreement, which is defined as including an offer and acceptance of the offer. The offer must include an intention to be bound by the agreement, reasonable terms, and communication (Kubasek, 2012p. 324). In the verbal discussion between Sam and the store manager, there appears to be an attempt to form a bilateral contract because the store has promised exclusivity to the dog barking device, and Sam has offered to deliver 1,000 units. The verbal interaction shows an intention and communication of agreement to the contract. However, the terms are not fully defined in this agreement. Specifically, the
The contract is agreement between two parties they find they have some to exchange; the power and commitment between two parties enforcement by the court, The contract have many legal details to be discussed by lawyer or expert. The contract administration, focus on the requirement for the services the company have to get when they sign a contract for new service or to get new products. In field like software consultant it is very complicated and different detailed need to focus on contract to be discussed before to sign any paper. The orientation, communication form and conference can be helpful to create good and detailed contract, all this method help the offeror and offeree to
From the New York Times the article: “Coffee’s Economics, Rewritten by Farmers”, illustrates how Kenneth Lander, a lawyer in Monroe, moved with his family to a coffee farm in San Rafael de Abangares, Costa Rica. Mr. Lander was looking for a more balanced life between work and his lifestyle. Mr. Lander started growing his own coffee from 12 acres of land that yielded 6,000 pounds of specialty-grade coffee beans a year. But in 2008, his financials started to dwindle, and he quickly struggled to support his family. Farmers in his similar financial situation usually turned to organizations like Fairtrade International who typically bailed them out, but for Mr. Lander, he sought out innovative ideas. He began to roast his own beans and sell them
In the contract analysis of Case Study 2, we find what looks like a legal and ethical issue at play. This analysis will cover answers to the following questions:
The offer and acceptance model is flawed- only an agreement is necessary. In order to fully comprehend this statement, we must first establish what constitutes and offer and what constitutes acceptance. “An offer is a statement by one party of willingness to enter into a contract on stated terms, provided that these terms are, in turn, accepted by the party to whom the offer is addressed”. Acceptance is “…an unqualified expression of ascent to the terms proposed by the offeror”. The “Offer and acceptance model” is based on the court’s adopt the “mirror image” rule of contractual formation. Applying the definitions stated above, we can take this to mean that there must be a clear and unequivocal offer which must be matched by an equally
Statistics show that over half of the American population consumes coffee on a daily basis. You may drink coffee hot, cold, mixed, or even in a frappuccino. Individuals are able to make coffee at home, or buy it on the go. Coffee provides people with caffeine, which ultimately gives energy for hardworking people all around the world. The main focus for this paper will cover the following topics, with coffee as the basis: causes for shifts in supply and demand, how coffee supply and demand influence price, quantity,
For an agreement to exist between Candy and Blair regarding the coffee beans, there must be clear offer and acceptance . An agreement may be reached from an oral exchange of statements if the offer must be clearly communicated and all terms distinctly outlined by the offeree. From the facts, Blair made an offer to Candy to supply her with coffee beans, the terms being “he would supply her with 22 two-kilogram bags of Sumatran coffee beans each month at his list price for a period of five years”. Candy accepted the offer and thus there is a binding agreement between the two.
Contracts are used in many different forms and for just as many different situations within our everyday lives. Some contracts are more involved than others and for some; contracts are an essential of their success. As we continue, we will take a look at different types of contracts with the main focus on enforceable contracts. With so many elements that are incorporated into any contract, the six essential elements of enforceable contracts will be the main focus of this writing. Having a clearer understanding of the essentials of life will help prepare us for life’s curves that may come our way.
The legal aspect of every contract in business requires critical analysis for every term in accordance to the specifics upon which both parties are involved. The reason for analyzing such terms carefully is because it can become a crucial part in determining the decision making when addressing any business problem. This is generally more important from the perspective of the company management because some situations can result in high intensity and significance for the company. Analyzing the terms of a contract will help avoid any inappropriate or insufficient conclusions when presenting a final resolution in times of a dispute.
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.