Contract Law

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

3) Increasing the sales force could have a positive effect if the sales representative is assigned to the non Dallas Fort Worth area since account penetration there is only 16% and focusing on the “Do it Yourselfers” because of the amount of sales they accumulate in that area. The amount of sales revenue needed to cover the cost of the one added sales representative of $60,000 base salary

We do not want to create more incentive for him to increase sales especially since is likely to continue doing it with inexperienced entrepreneurs that may continue to be late on their payments and possible hurt the company. He needs to focus on making these distributors more reliable.

the distributor, whereas there is no such risk to a sales agent. For example, distributors often

The first problem develops when JPF considers the issue of sales force size. Bob Powell notes in the case that he doesn’t believe that a SVP can develop effective relationships with more than 30 IMOs. This suggests a workload approach to growing the sales force. However, the decision to compensate SVPs on the basis of 100 percent commission based on sales in their territories means that the SVPs are reluctant to see “their” territories subdivided. It is human nature to want to keep as much of

The current sales structure divides independent sales representatives into different product lines and territories. This means that an Atomic Company retailer carrying four or five different Atomic product lines would have four or five different sales representatives. Not only that, independent sales representatives typically have a fairly high turnover rate in the industry,

In order to prevail on a claim, Lindenwood Auto Parts must show Callahan’s acts had a significant anticompetitive effect that was not offset by the positive impact on competition, thus, it can be judged under rule of reason analysis. Although manufacturers can lawfully and unilaterally assign specialized dealerships or limit the number of dealerships, the court may consider their acts as illegal. The main reason is if they require distributors to agree to refrain from selling to stores outside their assigned retailers by using their monopolistic power. Furthermore, there might be joint actions of Callahan and its specialized retailers, and Lindenwood also has to prove that there is an ultimate effect on competition.

1. For the following types of undertakings, which contract modes are most appropriate? Be prepared to explain the rationale behind your choice.

Tech Ltd hired extra electricians and worked longer hours to complete the installation as agreed on 20th December.

This alternative does not need traders to intervene in sales representatives’ jobs but the company has to make sure that both departments are able to identify prospective customers and make existing customers still trust in the company’s performance.

The newly appointed district sales manager, Larry Barr, faces the problem of allocating sales quotas among his various sales representatives. This decision will affect everyone's earnings including his own. This problem is compounded by the fact that different territories have, for a variety of reasons, different potentials. In addition, the territory that is known to be the toughest will soon require a new sales rep.

Assessing the pre-existing organization – Describe the strengths and weakness of the C&B Brokerage division prior to the two changes explained in the case. • The interactions of the New York Office with the regional sales teams • Whether there are misalignments in incentives between these functions. – Salespeople aim to maximize dollar value of sales (hence commission) while product managers aim to maximize profit of sales (overall firm objective as well). – How important is the regional sales manager to the success of the regional office?

Contractual agreements are supposed to be consensual, and freely entered into by the parties involved. Therefore, ‘before a court enforces a relationship as a contract, the courts must have a reasonably certain basis in fact to justify binding the parties to each other.’ (St. John’s Law Scholarship Repository, no date). Resolution of whether a contract was intended to be legally binding is not determined by what the parties themselves thought or intended. Rather, a more objective stance is taken by the courts. This is known as the objective theory of contract, and essentially enables ‘the courts to look at external evidence (what the parties said and did at the time)’ (Poole, 2006, p. 34), as to objectively indicate the parties’ intentions

     Why does this happen? Why don’t salesmen just record what they have actually done instead of doctoring books or changing orders? For one a lot of pressure is put on salesmen. Foremost among the firm's agents who manage the economic and ethical boundaries with the firm's customers are its salespeople. Most firms selling to organizational customers and many firms selling "big ticket" consumer products rely on their sales force to connect to the customer and the market. In such cases, the salesperson represents the firm to most, if not all, of its downstream stakeholders: customers, channel members, and even competitors. As the primary boundary spanner between the firm and its customers, the salesperson faces a constant barrage of decision-making about ethical issues. (Meyer, Charlene, 2003) A lot of pressure is put on sales people. They have

An ethical dilemma happens in the workplace more often then we expect. World Class Bull, written by John Humphreys, Zafar U. Ahmed and Mildred Pryor, is a prime example of how sales personnel can manipulate a potential client into a contract. Christopher Knox, a stellar sales employee at Specialty Fleet Services (SFS), just landed the Armadillo Gas & Power account. Samantha Williams, Human Resources Vice President of SFS, was now filing a breach of the company code of ethics against Christopher and the Vice President of Sales, Jeremy Silva for “deceptive business practices” used to make the sale (Humphreys, Ahmed & Pryor, 2009). Disrupting personal space of the client, starting a dishonorable relationship, and