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.

It is true that Wally did sign the order form, but in order for the contract to be valid it must have included the quantity of watched needed for shipment. As stated above, one of the requirements in the UCC Statute of Frauds states that when writing up a contract quantity must always be provided, in case of breach of contract. The courts have no way of factoring in the quantity. The answer to question 1 would be that the contract was not in writing.

The contract was for a total of 62,748 jogging suits that would be custom made for girls and boys. The total contract price was for $ 749,103.60 that included the shipping of the merchandise, which would be shipped within six purchase orders. On or about August 29, 1994 they (Goody’s) terminated their contract in writing, which validates a right to cancel. The parties agreed to amend the first shipment date, Goody’s deny that all other shipment dates were to be amended as well. Goody’s feel that there was any “wrongful, unlawful, or without good cause or justification” eras on their behalf.

Of course, my son believed Petersen and signed the document without understanding it was a contract guaranteeing Petersen a price schedule for future product shipments. I am thoroughly convinced that Petersen’s intentions are to seek legal remedy for damages that his company will have incurred if I was to discontinue providing him with the quantity of product he needs when he needs it at the same price he has always paid. Uniform Commercial Code (UCC) 2-306 specifically deals with output, requirements and exclusive dealings between parties in legal agreements (Law.Cornell.edu, n.d.).

Contract monitoring is the systematic review of a contractor’s records, activities, etc. to ensure compliance with the terms and conditions of the contract (Texas HHSC 2015). Because privatization aims to provide the government with the best value in terms of quality, service, and conditions, contracting does not end after the procurement process (Schooner 2011, 3). The administration of the contract, including monitoring, is just as important to ensuring that the state gets the best value. Despite the fact that there is a clear contract monitoring process within HHS, time is not always invested into developing a comprehensive monitoring approach and funds are not always allocated towards that process, preventing agencies

Bernie a resident of Richmond, Virginia decides to sale his 2006 Ford Fusion for $13,000.00 and places an ad in his local newspaper on February 1st. After several weeks without any inquiries, Vivian contacts Bernie on March 1st stating she will pay him $12,000.00 for the car. Bernie arranges to meet with Vivian on March 5th to complete the deal. Vivian comes to Bernie’s house on March 10th and says she will give Bernie $12,500.00 for the car; but she needs three additional weeks to come up with the money. Bernie agrees but only if Vivian puts down a deposit. Vivian agrees and Bernie drafts an agreement stated the sale will must take place no later than March 31st. Vivian reads and signs the agreement and

Pat was very frustrated because she wanted to purchase a home but lacked the funds or credit to do so even though Pat was expecting shortly to receive a one-half million dollar final installment payment for some land she sold several years earlier. Dan knew that Pat was very interested in purchasing a home and approached Pat with a proposal to assist Pat in buying a home. Dan told Pat that he would help Pat with the financing. After finding the home she wanted to buy for $250,000, Dan and Pat orally agreed that Dan would purchase the home and "when you come up with the money, I (Dan) will sell it to you (Pat) for $250,000 plus a fair commission to be determined."

Surebuild, Inc. is looking for a jackhammer operator for their company. Mei-Lin is the manager who will be over the hiring. An advertisement was placed stating that the candidates for the job were required to have a high school diploma; however nowhere in the advertisement did it indicate that experience was required. There are four candidates for the job, two meet the requirements of having a high school diploma, and two do not. The first candidate is Eric, he has experience on the jackhammer but does not have a diploma. Another candidate Felipe also has experience, however does not meet the requirements of having a highs school diploma.

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.

The four elements of a valid contract are offer and acceptance, meeting of the minds, consideration and competent parties. The contract must cover a legal purpose or objective as well (Binder, 2012). The objective theory of contracts holds that contract formation is dependent on what is communicated, rather than what is thought by one of the parties (Barnes, 2008).

The concept of online dating has exploded into mainstream culture since the emergence of the Internet. Websites have allowed for the virtual facilitation of basic needs

Contract Law Case Study Both the parties in the question have come to a problematic situation

I will discuss throughout this case studies: If I should continue doing business with Mr. Marshall. If I decide to stop doing business with Mr. Marshall, what legal causes of action might he bring against my company, what damages or remedies might he seek, and what legal defenses might my company have? Also, how will this affect Mr. Marshall if I stop doing business with him, what are the potential impacts on Marshall’s continued exploration of his faith? What biblical options are available for resolving your disputes with Marshall?

would give 100 £. The company then deposited 1,000 £ in a bank to show

other in order to form a contract, the value of the consideration need not be