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MSL and Breach of Contract with Macy's Essay

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I think that MSL did breach the contract with Macy’s. First, their contract was an exclusive agreement, which implies that only Macy’s had tot sole obligation to sell those products apart from MSL and its related conglomerate. This means that at no one time, as long as the contract held, would MSL engage another party in partnership or joint venture, to sell products prescribed under the contract. When MSL decided to get into another contract with JC Penney (JCP) it would be expected that the agreement would diverge from what the other contract had exclusive rights. In the case study, out of the 2500 designs presented to JCP, about 900 fell into categories restricted under the Macy’s exclusive agreement. Hence, MSL was in breach of Macy’s …show more content…

Thus, the following remedies are proposed to deal with the situation. First, MSL and Macy’s must come together in the presence of their legal experts to mend their differences. Although, it is not clear from the cases whether MSL decided to breach the case out of ignorance or out of gluttony, it is nonetheless critical that both parties hold a joint session. Mending strings will enable both parties to sit down and review the scope of their contracts. It appears from Macke (n. pag.) that Macy’s does not seem to let bygones be bygones, which shows that MSL and Macy’s need to sit down and urgently resolve their differences. The second remedy is to review the scope of their contract. Since the main source of disagreement and lawsuits was misinterpretation of the exclusivity contract, it is important that both parties review their contract. This includes legal practitioners clarifying on the scope of application of the contract. Clarifications on various definition of terminologies used in the contract is important at this stage to ensure that both parties have a common understanding of these terms and their legal implications (Herships n. pag.). Thirdly, MSL needs to revise the new contract with JCP to eliminate products or designs that are included in the exclusive contract with Macy’s. Any future contract that MSL may intend to make must align with its contract with Macy’s as long as the contract holds. Rectification of other contracts will be an indication that MSL

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