The third element of a contract, which is contractual capacity would be deemed to exist if both Sam and the chain store had initially established a contract and both parties understanding its terms and their individual obligations agree. Seeing as the chain store failed to provide a concrete, physical contract Sam’s contractual capacity regarding the case was alarmingly minimal. Sam is mentally capable of complying with any contractual terms stated, unfortunately there were no terms established nor a contract brought forth so his rights and obligations regarding the situation are unclear. If a contract with Sam and the chain store was established then it would be appropriate to assume that both parties were legally capable of understanding
In the case of Sam vs. Quinn, his landlord, and the national chain store. Sam is who is working on a great innovation, a device that sounds like a barking dog that will help assist in the safety and welfare of others. Several months ago, Sam hit the jackpot that would change his life and landed in a verbal contract to sell 1000 units to a national chain store. However, this young inventor has been mass producing this product from his place of residence, his apartment, own by Mr. Quinn. Sam arrives home one day to find two letters, one from the chain store demanding the 1000 units be delivered immediately. The other was an eviction notice from Mr. Quinn stating that his barking machine has been pestering the other tenants and that Sam was not supposed to be conducting business from his apartment. Sam is furious at both situations and decides to pro-sue the matters. Therefore, before the court can rule on these cases, the court should determine the various elements whether there is a valid contract, a quasi-contract exists, a promissory estoppel, and the rights an obligation of a tenant would prevail on Sam’s claims.
Contractual capacity is, “The legal capability to form a binding contract. A number of classes of people lack contractual capacity, and these include minors…” (BusinessDictionary.com, 2010). A minor’s capacity to contract and the lack of an employee’s capacity to bind a company by contract could be used in defense against a breach of contract.’ Consideration is necessary for any contract to exist. A promissory estoppel is used when consideration requirements are absent (Kubasek, Brennan, & Browne, 2015, p.250).
Virginia Postrel “In Praise of Chain Stores”.Chain stores have not turned Augusta into a boring
Located in Any State, U.S.A Grocery, Inc. is a retail grocery store with locations all over the United States of America (U.S.A.). Tom Green and Jeff fresh work for the store located in My Town, U.S.A. Tom is the produce manager and Jeff, 17 years old, is working for Tom in the produce department. The first scenario is the contract between Grocery, Inc. and Masterpiece Construction for the renovation of the store located on Main Street in My Town, U.S.A. The second scenario is an underage contract between Jeff and Smooth Sales Used Cars. The third scenario is a breach of contract and/or promissory estopple between Tom Green and Harry. The fourth scenario is regarding an e-commerce contract between George and Grocery, Inc.
Second, my son’s authority to sign on behalf of the company should be considered. An employer may grant employees the following authorities on its behalf: express authority, actual authority to execute certain agreements; implied authority, the nature that an employee’s position implies certain power; and ostensible authority, an employee’s authority as it appears to a third party due to representation (Buchanan Law, 2008). I did not give my son express authority to enter into agreements on behalf of the company. His position as a part-time deliveryman should not imply or should not be perceived as having any authority to contract. Lastly, six elements have to be present for a contract to be enforceable: legal offer, legal acceptance, consideration, genuine assent, competent parties, and legal objective. Although some of these were met, some were not.
This marketing plan focuses on the repair of marketing strategies of SAM’S CLUB’s brand image. The main focus is implementing a dynamic data-driven retargeting marketing strategy through data-driving apps to consumers. The company’s message is for consumers to install the Sam’s Club app so that they can successively retarget users in their campaign who most likely to create an account for membership. Sam’s Club will collect data about its consumers attached to the device ID’s, similar to behavior and demographics, to decipher which ones have the greatest potential in becoming high-value users and which ones are most likely to defer. Moreover, with this data, the emphasis will shift to increasing the run-of-the-mill income per user, driving
Contractual capacity is defined by the law to mean the ability to understand the consequences of a contract.
Throughout Act 5, Katherine’s character made a huge mood change when she decided to tell the widow and Bianca how they should act because there husband is “Thy master... And true obedience- / too little payment for so great a debt. / Such duty as the subject owes the prince, / Even such woman oweth to her husband” (219, 5: 2).
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.
In 1963, Sam Walton had a vision. A vision, that he could bring what the consumers needed, to them, at the lowest price possible. Mr. Walton believed that a company could not be run by just one person, it had to take team work. With Mr. Walton relying on his associates at the lowest level possible, he created the retail empire known today as Walmart. Mr. Sam, as he was referred to, would visit each and every store to learn about its culture. He would sit down with each and every associate and get ideas, comments, concerns, and anything that the associates wanted to talk to him about. This practice allowed for Walmart to create a culture of its own. A culture where each person makes a difference, no matter what your background or life style. The cultural synergy remains the same today. This philosophy is the basis for Walmart’s slogan, “Every person makes a difference.” Sam Walton knew that in order to be successful he needed to hear from everyone, to make everyone a spokesperson for the company. Many of the ideas that have been put into play have come from the lower level associates who never thought they could make a difference. Each associate comes from a different walk of life and background. This leads to the diverse workforce that Walmart has today. Sam’s practices have been instilled in today’s current CEO, Doug McMillion.
Sam Walton’s strategy was to start his businesses in small towns so he would not have to compete with the bigger businesses in the bigger cities. He provided the merchandise to the customers in the small towns that they weren’t getting and they didn’t have to travel very to get the items they needed for their households. The strength is their customer service that is delivered to their customers every day. The door greeter at the front door who greets the customers as they enter into the store is an example of their customer services. Another strength is the relationship and bond the company have with their employees to make sure they are well taken care of during employment with the company (Parnell, 2008). The weaknesses are a big store
Contracts, business, and laws are three simple little words, but when put together they have a substantial impact on our everyday lives. Below we will discuss three case studies. The first case is between Chris, Matt, and Ian vs. Donald Margolin, who was injured when he used an aftershave lotion that he bought off the internet called Funny Face. The second case is between Sam, his landlord, and a national chain store. Sam is being accused of conducting business from his apartment and going back on a verbal promise. In the last case is two lifelong friends who decided to join in a partnership and open up a sporting goods shop. Therefore, before the appropriate court can proceed with the first case, the court should take into several considerations around the rules of jurisdiction, alternative dispute resolution (ADR), and whether or not corporation/or corporate offices can be held for the criminal or potential act. In the second case before the court can rule the court should determine the various elements of a valid contract, if a quasi-contract exists, a promissory estoppel, and the rights an obligation of a tenant would prevail on Sam 's claims. Finally, in the third case between Jeb and Josh, they should determine the type of business entity that will overall protect their business and personal needs.
For as long as I can remember, I’ve always wanted to do something significant make an impact in the world. Wanting to make an enormous impact on the world, change lives make a difference. As a child, I felt, everything seemed easy, the world was at my disposal that I could achieve and be anything. Unfortunately the reality was not as simple as I imagined.
For a company to transact with third parties and to enter into valid business dealings there must be a valid contract concluded in order to create legally binding obligations enforceable between the company and the third party. For a contract to be valid the company must have the requisite legal capacity to enter into the contract and the directors or officers representing the company must have the authority to act on its behalf. Within company law, capacity and authority are interrelated principles however it is important to note that each is an entirely different and separate legal concept from the other. Capacity relates to the legal competency and the powers of the company while authority relates to the power of a company's director or officer to act on behalf of the
To Kill A Mockingbird, by Harper Lee, takes place in 20th century Alabama, close to the time of World War II, in a county called Maycomb. Lee uses vivid pictures to display the realities of southern racial tension in the 1930s and 40s, and because the narrative comes from the mind of Scout Finch, the six year-old daughter of Atticus Finch, the narrative innocently portrays the events of the story in a less biased manner than any narrative from an adult’s perspective could. The premise of the story rests around the trial of a young black man named Tom Robinson. Bob Ewell, the father of a poor family who lives behind a dump in the worst part of Maycomb, accuses Tom of raping his daughter Mayella. However, the evidence in the trial clearly points towards Tom’s innocence, yet the people of Maycomb refuse to let him go. Atticus gave a speech to convince the jury of Tom’s innocence, but the jury convicted Tom anyway, defying all reason.