FACTS
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
In Energetics meets Generex negotiation, I was acting as a Chief Operating Officer (COO) for Energetics Corporation and my opponent and my classmate Chace Eskam was acting as a COO of Generex Corporation. In this deal, as a COO I was supposed to sell the Wind energy division of the Energetics to Generex. Energetics Corporation was in desperate need of cash due to bankruptcy. Another hurdle was that I could not sell three different locations of Wind plants individually. My company needed cash within three months with no additional terms added to this deal. My another best alternative was to sell all the assets of Wind Energy division to generate some cash if deal with Generex fails in this negotiation. Our negotiation went on for 15-20 minutes during class time and deal was set in $247 millions. My opponent Chace was very tough in this negotiation to deal. He was very prepared with facts and numbers before he came to the table. My opponent asked me lot questions such as the depreciation of the property, equipment’s life, taxes etc. After having lot of discussion we ultimately came to the conclusion that Generex will pay Energetics $247 million right away in cash to purchase Wind Energy division from Energetics.
The case is about a negotiation with a competitor to buy Pakistani prunes in order to use them to save lives. In fact, being a world leader of genetic engineering processes, I need Pakistani prunes to work on people. However, my direct competitor needs Pakistani prunes too and we have to find a deal before the day after.
In this case, there are several important issues to note. The initial issues is that a contract was signed by a minor acting on behalf of the company and not by a specified owner of the company. The question here is if this contract is legally binding and what recourse of actions the parties may have. The first step would be to consider the legality of the contract. In order for a contract to be legal it has to possess several important criteria. Contracts have to be communicated to the parties it effects clearly. (Kubasek 2015). In this case, the contract was not communicated at all to the owners of Muscadine grapes and it was also not
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
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
Contract theory - studies how economic actors can and do construct contractual arrangements, generally in the presence of asymmetric information
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
Sam Stevens lives in an apartment building owned by his landlord, Mr. Quinn, where he has been working on an invention that plays the sound of a barking dog to scare off potential intruders. A national chain store has contacted Mr. Stevens, and would like to sell his product exclusively. Despite the fact that Mr. Stevens and the store never signed a physical contract, he verbally told a store manager several months ago that he would ship 1,000 units. Now, the chain store has just contacted Mr. Stevens via letter, demanding that he deliver the promised 1,000 units immediately (Southern New Hampshire University, n.d.).
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.
I informed him that this would make the pulp of the prunes worthless and that he would need to pick, wash, and separate the pits and the pulp. He agreed that this was the best solution, which is why he is doing all the initial work to obtain the prunes and we are purchasing just the pits from him after. In a way, I was using misrepresentation that is illustrated in article 2.11, Negotiation Ethics. I was using partially true statement when I was informing him of the machines but it was in fact a misrepresentation of the true facts.
In choosing to discontinue supplying Muscadine grapes to Marshall’s health food products, several legal issues would need to be resolved. Marshall’s legal action would probably be formed as a breach of contract claim based on the requirements contract he faxed, as well as acting in good faith and fair dealing in accordance with contractual laws. Both of these issues would need to be resolved in order to legally discontinue acting as Marshall’s supplier.
1. The Sales Rep. A sales representative for a struggling computer supply firm has a chance to close a multimillion-dollar deal for an office system to be installed over a two-year period. The machines for the first delivery are in the company’s warehouse, but the remainder would have to be ordered from the manufacturer. Because the manufacturer is having difficulty meeting the heavy demand for the popular model, the sales representative is not sure that the subsequent deliveries can be made on time. Any delay in converting to the new system would be costly to the customer; however, the blame could be placed on the manufacturer. Should the sales representative close the deal without advising the customer
Although Bob exhibits a higher degree of ethics and legal responsibility than Stan, Mike, and John, ethics and legal responsibility are not always in alignment. In this case, John completes the order for Quality Lumber with Bob’s name on the sales order. Quality Lumber has an established client relationship with White Lumber. The current state of the economy makes the existing client relationship even more valuable. Bob suspects that the lumber that is being purchased will be used illegally as scaffold plank. Scaffold plank has to meet strict requirements and grading for safety and usage. Failure to abide by the requirements could result in accident, death, legal liability, and fraud. If the lumber being used as scaffold plank fails resulting in injury or death, then White Lumber may be held legally liable since they had firsthand knowledge about how the lumber was going to be used. It may also constitute as fraud because White Lumber is knowingly selling lumber that will be used as scaffold plank.
The scene is Bungoma, Kenya; Moises Postigo is a buyer interested in purchasing fertilizer on a large scale for his not-for-profit organization the One Acre Fund (OAF). OAF’s mission is to provide fertilizer to farmers “who have nothing” on a credit like system and when the farmers produce their crops a percentage of their supplus would be returned to OAF. Eventually the farmers would no longer need a “free hand out” and will be able to support themselves and their families without putting further strain on the government and the economy. When first looking at Kenya, Postigo had five different suppliers that all met certain criteria he had for doing business. He narrowed down the suppliers by contacting them
1. The Sales Rep. A sales representative for a struggling computer supply firm has a chance to close a multimillion-dollar deal for an office system to be installed over a two-year period. The machines for the first delivery are in the company’s warehouse, but the remainder would have to be ordered from the manufacturer. Because the manufacturer is having difficulty meeting the heavy demand for the popular model, the sales representative is not sure that the subsequent deliveries can be made on time. Any delay in converting to the new system would be costly to the customer; however, the blame could be placed on the manufacturer. Should the sales representative close the deal without advising the customer