Premium Essay

Baker Popcorn Case

In:

Submitted By ladyktz
Words 1321
Pages 6
Baker Popcorn v. Ratzlaff

PART I In the civil case brought on by the plaintiff Bernard Baker of Baker Popcorn Company against James W. Ratzlaff, the farmer he contracted with to grow the popcorn crop, the courts sided in favor of Bernard Baker. The plaintiff, Baker, claims that Ratzlaff breached the contract that was drafted by Ratzlaff that Baker would provide the seed for the popcorn crops and Ratzlaff would grow and harvest the corn and then deliver it to Baker’s plant. The plant that Baker operates is in a different city (Stratford) than his business office (Garden City), and the farm where the popcorn would be grown and harvested is in yet another different city (Thomas County). The court case came about when Ratzlaff terminated the contract with Baker without any notice of any sort. Ratzlaff claims that in the contract Baker agreed to pay him upon delivery of his corn. Ratzlaff, however, never asked for the payment when the delivery was made, but he nevertheless terminated it claiming that Baker breached the contract by failing to pay him at the time of delivery. The plaintiff’s plan was that Martin, who is Baker’s plant manager would hold onto the tickets/receipts from the delivery and then send them to the main office in Garden City, where they write the checks to make the payments for the deliveries. This case, or at least what is given to us in the documents for it seems to be very vague in referring to the contract. I feel that a lot of specifics that could have prevented this whole lawsuit from happening in the first place were completely left out. There seems to be some fault on both parts. The fault on Baker’s part comes from his failing to mention that payments are made out of a different office than the product will be received at, and that a check will be mailed to Ratzlaff. The fault on Ratzlaff’s part comes from failing to ask for

Similar Documents

Premium Essay

Consumer Behaviour Trends

...Consumer Behavior Trends Faith Popcorn identified 17 trends that drove the business and people’s life in her book “Clicking” ten years ago. According to BrainReserve, trends are not fads. They endure, evolve and represent underlying forces, first causes, basic human needs, attitudes and aspirations. They help us navigate the world, understand what's happening and why, and prepare for what is yet to come. This paper will investigate one of the trends Popcorn has identified – Fantasy Adventure – particularly focus on its development in the last ten years. I will examine related evidence observed in various industries and make the claim that this trend has not declined but further developed. Fantasy Adventure refers to the behavior that consumer crave excitement and stimulation as an escape from stress and boredom in essentially risk-free adventures.(Popcorn, 1998) The excitement are taken in small doses, and allow us to return to our “normal” life at the end of the day. They make us feel courageous, open to new exotic experience, and most important of all, they give us the sense of transforming to a better person. There are three underlying forces in creating this trend: the increasing stress brought to us by our routine yet increasingly competitive life, the rising number of cases of the unsafe, uncertain events happening around our environment and the advancement of technologies. In the 1990s only 40% percentage Canadians reported stress in workplace but the statistic...

Words: 1749 - Pages: 7

Premium Essay

Marketing Plan Exercise

...Individual Marketing Exercise Lilliam Perez Camareno MKT/230 Introduction to Marketing 01/13/2013 Cindy Baker 1) Marcus Theaters is a popular chain of movie theaters where I live; which is Milwaukee, WI. I am a movie fanatic and I attend go to the movie theater at least once a month. The prices at the concession stands are extremely high and this can create a problem for consumers during their movie experience. For an adult combo of a large soda and large popcorn is $12. The tickets alone $9.50, and there’s extra fees for movies that are on 3D and the also for movies that play at the Ultrascreen/VIP. Nowadays consumers feel pressured to decide whether or not it’s worth it to pay for food at movie concession stands. 2) The best type of research design for this case would be to find out directly from the consumer how they feel about the concession stand prices. The majority of consumers attends the theaters and skips the concession stands; some even sneak in snacks that they bring from home. Instead of assuming which consumer group is more likely to skip the concession stand (many believe to be consumers with children), finding our directly from the consumer will provide a more accurate result. 3) When consumers are purchasing their movie tickets the movie employee can ask them to fill out a survey. It will be a short survey that will consist of a few questions, which will focus on the concession stand prices. Since us already conducting our research in high...

Words: 598 - Pages: 3

Premium Essay

Ricc

...the way until the year of 2000, the store was selling chocolates purchased from distributors from Chicago area. Already, in 1998 the Rock Island Chocolate Company found that its costs and sales have reached break-even point on the revenue of $ 568,000. Business revenue gradually continued to grow, and in 1999 it had grown to approximately $700,000. Just a year later, Seymour had found out that he was the successor of a series of recipes for variety of chocolates made in the Belgian style. This episode has set the firm foundations for even further development of the store. A vast growth potential was on sight; consequently, Seymour brought an executive decision to create his own brand of chocolate after he had run a “test trial” with a baker in Rockford, Illinois. Based upon obvious growth potential of the store, Seymour has decided to invest further, renew equipment and expand the manufacturing space. These steps would not be possible to take without the consumption of a 5-year loan that Seymour has obtained. In 2002, the company launched its product lines into the wholesale market throughout the country. Revenue grew continuously in the next seven years when it actualized to two million dollars in profits. The business...

Words: 2171 - Pages: 9

Free Essay

Case Lobster

...RED LOBSTER: MARKET RESEARCH REVEALS WHATS FRESH TODAY BACKGROUND 1968: Foundation: Red Lobster was founded in 1968 by entrepreneur Bill Darden and Charley Woossby. Originally billed as a “Harbor for seafood Lovers”, the original restaurant in Lakeland, Florida, was followed by several others throughout the Southest. 1970: General Mills acquired Red Lobster in 1970 as a five-unit restaurant company and rapidly expanded the company nationwide. As it reached more parts of the country, Red Lobster continually introduced guests to fresh dishes that quickly became favorites, with many guests getting their first taste of calamari, snow crab and Key lime pie here – not to mention the fact that it is where popcorn shrimp was invented. (after 1970, until 1980) In 1980, this year was one of the most important for the company, reaching and being in their stage of maturity, a stage in which all companies desire to be in there. In 1983, Red Lobster opened its first restaurant in Canada (Windsor, Ontario) Finishing, in 1995, after decades of success and growth, Red Lobster, together with Olive Garden and later Bahama Breeze, became part of Darden Restaurants, with Joe at the helm until 2005, when he turned the reins over to current CEO and Chairman Clarence Otis. Over the years, their passion for seafood and delicious experiences has kept Red Lobster evolving. Their menu has grown and changed with their guests’ tastes and their ability to bring the best of the sea to your table...

Words: 3041 - Pages: 13

Premium Essay

Marketing Strategy

...MP A R Munich Personal RePEc Archive Strategic Marketing. A literature review on definitions, concepts and boundaries Jorge Mongay Autonomous University of Barcelona, SBS Swiss Business School 2006 Online at https://mpra.ub.uni-muenchen.de/41840/ MPRA Paper No. 41840, posted 9. October 2012 20:07 UTC WORKING PAPER. JM-A1-2006 STRATEGIC MARKETING: A LITERATURE REVIEW ON DEFINITIONS, CONCEPTS AND BOUNDARIES. Dr. Jorge Mongay Autonomous University of Barcelona (UAB) & SBS Swiss Business School 1 WORKING PAPER. JM-A1-2006 Summary 1. Definitions of strategic marketing 2. Aspects of Strategic Marketing 3. Factors in Strategic Marketing 4. Elements of Marketing Strategy 5. Intersections with others disciplines 5.1. Intersection between Strategic Marketing and Marketing Tactics 5.2. Intersection between Strategic Marketing and Corporate Strategy 5.3. How does it Strategic Marketing fit into Corporate Strategy? 6. Final conclusions of the paper 7. References 2 WORKING PAPER. JM-A1-2006 1. STRATEGIC MARKETING AND ITS DEFINITIONS Although most authors speak about some parts of Strategic Marketing, here is included a list of definitions of the term. Some authors appear in different years ( for example, Jain), It is understand that they have added new comments or redefined the term after the years. The table and the definitions have been ordered by year of publication. Author Year Definition Drucker ...

Words: 11185 - Pages: 45

Free Essay

Facebook Comments on Olay

...Melissa Grabel A nightmare! I am 36 years old and cannot control the oil and breakouts! Jo Williams In past years, I enjoyed using your products, but low value coupons or NO coupons for your products make them beyond my finances. Have been using your competitors for a year now, and getting equitable results. Shirley Ferry Kalinosky Almost as light as albaster Dona DeAvera honey with spots of chocolate. Wendy Auscherman Reed Forgot to winterize and paying for it. Ashante Approvalnotneeded Nichols Light brown sugar...silky to the touch..flawless..I use Olay all over my body literally head to toe. Katie Marone very hard to match foundation with Katie Ellen Knowles AMAZING!!!! Julie Witt Lots just say I have 5 kids!!!!!!!! Help my skin! Colette Eaglehouse very dry and very sensitive Rachel Oberle snow white Jesusonly Jesus Oily and blotchy Julia Aznoe Almond Cat Kirk medium honey beige, and dry Lisa Ault Feeling fresh because I use all the products for my face and it makes my face feel younger. Same as the body lotion in the shower. I use it everyday and my skin is softer as when I get out of the shower I use the lotion too! So my skin is very soft! Thank you! :) Michelle Dudlo Gardeakos Can't complain!!! Amanda Owens Snead My son and my daughter both have horrible excema. I started using the oil of olay with shea butter after trying many other body washes that were excema. none of the other products worked. I have even used prescription washes prescribed...

Words: 15190 - Pages: 61

Premium Essay

Blockbuster Analysis

...Blockbuster Analysis Company Background Information             The first Blockbuster store opened in 1985 in Dallas, Texas and has now expanded to operate 6,500 video rental stores (“Blockbuster Inc.,” n.d.).  The chain began as a competitor to smaller video rental stores with a much wider selection in movie and eventually game rentals (“Blockbuster Inc.,” n.d.).  Blockbuster quickly grew and opened stores across the nation along with its first stores in London and Canada in the late 1980s (“Blockbuster Inc.,” n.d.).  In 1994 Viacom bought out Blockbuster after the company had acquired two music companies, Sound Warehouse and Music Plus, making it a very successful corporate giant in the video rental business (“Blockbuster Inc.,” n.d.).  Although Blockbuster has faced many challenges with its “new ownership, increased competition, and a relatively soft market for videos,” Blockbuster has been able to remain in the movie rental industry (“Blockbuster Inc.,” n.d.).  Despite the company’s struggles and dwindling cash flow in the late 1990s, Blockbuster decreased its rapid expansion, but slowly continued to open stores so that it featured a store close to every large neighborhood in the country (“Blockbuster Inc.,” n.d.). Currently, Blockbuster is still facing struggles in the video rental industry but is working to compete against its newer main competitors, Netflix and Redbox (Merced, 2010).  After filing for bankruptcy in late September of 2010, Blockbuster was purchased by...

Words: 7812 - Pages: 32

Premium Essay

Hot to Guide

...How to Guide for REFLECTION ------------------------------------------------------------- How to Guide for REFLECTION The National Service-Learning Cooperative ServeAmerica K-12 Clearinghouse Pennsylvania Institute for Environmental and Community Service Learning Northeast Regional Technical Assistance Center Compiled by Lorraine Parrillo Cooperative/Clearinghouse Coordinator Northeast Regional Technical Assistance Center December 5, 1994 Used with their permission INTRODUCTION This module includes a summary of materials currently used to support reflection in the service learning movement. Crucial information presented includes: 1. Introductory materials on Reflection by Diane Hedin and Dan Conrad 2. Reflective teaching techniques using eleven different forms of reflection rather than just using journals and asking how participants feel about service 3. Basic critical thinking skills that may be used in reflection sessions 4. Bibliography Reflection Reflective learning techniques are not the lone providence of service activities. All thinking and dialogue requires some form of reflection if learning is to take place. Individuals need time and reconsideration of events to put facts and ideas into sequence and eventually into a better understanding as to what happened during a specific event. Everyone in their life-time will be required to repeat this process endlessly. Nevertheless, schools do little...

Words: 7889 - Pages: 32

Premium Essay

Chapter 4 Managing Marketing Information to Gain Customer Insights

...Part 1: Defining Marketing and the Marketing Process (Chapters 1–2) Part 2: Understanding the Marketplace and Consumers (Chapters 3–6) Part 3: Designing a Customer-Driven Strategy and Mix (Chapters 7–17) Part 4: Extending Marketing (Chapters 18–20) 4 Marketing Information to Gain Managing Customer Insights Chapter Preview In this chapter, we continue our exploration of how marketers gain insights into consumers and the marketplace. We look at how companies develop and manage information about important marketplace elements: customers, competitors, products, and marketing programs. To succeed in today’s marketplace, companies must know how to turn mountains of marketing information into fresh customer insights that will help them deliver greater value to customers. Let’s start with a good story about marketing research and customer insights in action at P&G, one of the world’s largest and most re- spected marketing companies. P&G makes and markets a who’s who list of consumer megabrands, including the likes of Tide, Crest, Bounty, Charmin, Puffs, Pampers, Pringles, Gillette, Dawn, Ivory, Febreze, Swiffer, Olay, Cover Girl, Pantene, Scope, NyQuil, Duracell, and dozens more. The company’s stated purpose is to provide products that “improve the lives of the world’s consumers.” P&G’s brands really do create value for consumers by solving their problems. But to build meaningful relationships with customers, you first have to understand them and how...

Words: 26161 - Pages: 105

Premium Essay

Supply Chain Management

...Analysis OF SUPPLY CHAIN MANAGEMENT AT BRITANNIA INDUSTRIES Acknowledgement It would be of great pleasure for me to take the opportunity of thanking nearly everybody who had been of great help in the completion of my dissertation. My sincere gratitude goes to MR.KAPIL GARG (DEPPT. OF MANAGEMENT) and MR.MANORANJAN (DEAN). My institute guide, without whose help this dissertation would have seemed impossible. I owe immensely for the minute help that was forwarded to me by friends in my organization. Both of the above mentioned persons supported me incredibly and guided me with suggestions and probation’s for the betterment of my accomplished work. It has been of great learning to be on the job and doing the dissertation simultaneously, which enriched my knowledge and developed my outlook. I am looking forward to continued support from my friends and colleagues in future as well. Only with their encouragement and coorporation. SARITA KUMARI Contents Chapter 1: Introduction -Need of the study - Background Chapter 2: Research methodology -Objectives of the study -Research Methodology (sample size, instrument used, Methods of data collection) Chapter 3: Descriptive work of subtopic on study Chapter 4: Data analysis & Interpretation ...

Words: 20677 - Pages: 83

Premium Essay

General Electronics

...9-399-150 REV: MAY 3, 2005 CHRISTOPHER A. BARTLETT MEG WOZNY GE's Two-Decade Transformation: Jack Welch's Leadership On September 7, 2001, Jack Welch stepped down as CEO of General Electric. The sense of pride he felt about the company's performance during the previous two decades seemed justified judging by the many accolades GE was receiving. For the third consecutive year, it had not only been named Fortune's "Most Admired Company in the United States," but also Financial Times' "Most Admired Company in the World." And, on the eve of his retirement, Fortune had named Welch "Manager of the Century" in recognition of his personal contribution to GE's outstanding 20 year record. Yet while the mood at GE's 2001 annual meeting had clearly been upbeat, some shareholders wondered whether anyone could sustain the blistering pace of change and growth characteristic of the Welch era. And specifically, many worried if any successor could generate the 23% per annum total shareholder return Welch had delivered in his two decades leading GE. It would be a tough act to follow. (See Exhibit 1 for financial summary of Welch’s era at GE.) The GE Heritage Founded in 1878 by Thomas Edison, General Electric grew from its early focus on the generation, distribution, and use of electric power to become, a hundred years later, one of the world’s leading diversified industrial companies. A century later, in addition to its core businesses in power generation, household appliances...

Words: 10823 - Pages: 44

Premium Essay

Ge Under Jack Welch

...9-399-150 REV: MAY 3, 2005 CHRISTOPHER A. BARTLETT MEG WOZNY GE's Two-Decade Transformation: Jack Welch's Leadership On September 7, 2001, Jack Welch stepped down as CEO of General Electric. The sense of pride he felt about the company's performance during the previous two decades seemed justified judging by the many accolades GE was receiving. For the third consecutive year, it had not only been named Fortune's "Most Admired Company in the United States," but also Financial Times' "Most Admired Company in the World." And, on the eve of his retirement, Fortune had named Welch "Manager of the Century" in recognition of his personal contribution to GE's outstanding 20 year record. Yet while the mood at GE's 2001 annual meeting had clearly been upbeat, some shareholders wondered whether anyone could sustain the blistering pace of change and growth characteristic of the Welch era. And specifically, many worried if any successor could generate the 23% per annum total shareholder return Welch had delivered in his two decades leading GE. It would be a tough act to follow. (See Exhibit 1 for financial summary of Welch’s era at GE.) The GE Heritage Founded in 1878 by Thomas Edison, General Electric grew from its early focus on the generation, distribution, and use of electric power to become, a hundred years later, one of the world’s leading diversified industrial companies. A century later, in addition to its core businesses in power generation, household appliances, and lighting...

Words: 11458 - Pages: 46

Premium Essay

Influence of Home Video on the Young Adults

... Through their educational role, however, home videos concern themselves with evolving a better society by exposing societal ill and wrongs. Since the emergence of home videos, at the turn of the twenty-first century the films industries, and both male and female actors in Nigeria, Nollywood, have considerably influenced the habits, belief systems, style of dressing and other behavioural idiosyncrasies on many Nigerian youths. Thus, one can say, however, that the emergence of home videos have helped to promote the Nigerian cultural heritage; aside this, it has awaken in many youths the Nigerian culture that was once lost during the colonial period. There are also negative effects of home videos on audiences. However, there have been cases where home videos are criticized to the cause for some societal ills. Social critics, who believes in this school of thought says that some antisocial behaviours like violence and extravagant life that many films portrays in their content perceptibly affect the behavior of the audience. Nonetheless, all these sum up to mean that home videos have both positive and negative influences on youth morality, that is home videos positively or negatively affect the generally accepted moral standards from youths. Morality in behavior or virtuousness is the standards of conduct that are generally accepted as right or proper. The problem then is: how does home video influence morality? This is what the study seeks to provide answer for in this...

Words: 13472 - Pages: 54

Free Essay

Bush

...FAMILY OF SECRETS The Bush Dynasty, America’s Invisible Government, and the Hidden History of the Last Fifty Years RUSS BAKER Contents Foreword by James Moore 1. How Did Bush Happen? 2. Poppy’s Secret 3. Viva Zapata 4. Where Was Poppy? 5. Oswald’s Friend 6. The Hit 7. After Camelot 8. Wings for W. 9. The Nixonian Bushes 10. Downing Nixon, Part I: The Setup 11. Downing Nixon, Part II: The Execution 12. In from the Cold 13. Poppy’s Proxy and the Saudis 14. Poppy’s Web 15. The Handoff 16. The Quacking Duck 17. Playing Hardball 18. Meet the Help 19. The Conversion 20. The Skeleton in W.’s Closet 21. Shock and . . . Oil? 22. Deflection for Reelection 23. Domestic Disturbance 24. Conclusion Afterword Author’s Note Acknowledgments Notes Foreword When a governor or any state official seeks elective national office, his (or her) reputation and what the country knows about the candidate’s background is initially determined by the work of local and regional media. Generally, those journalists do a competent job of reporting on the prospect’s record. In the case of Governor George W. Bush, Texas reporters had written numerous stories about his failed businesses in the oil patch, the dubious land grab and questionable funding behind a new stadium for Bush’s baseball team, the Texas Rangers, and his various political contradictions and hypocrisies while serving in Austin. I was one of those Texas journalists. I spent about a decade...

Words: 249168 - Pages: 997

Free Essay

A Great New Way to Learn Spoken English

...englishbanana.com’s Talk a Lot Spoken English Course by Matt Purland A Great New Way to Learn Spoken English Elementary Book 1 Complete 12-week spoken English course All materials, instructions and answers are included Brand new and unique learning method Learn and recall questions, answers and negatives using 8 common verb forms • Learn 400+ essential vocabulary words • 100% photocopiable • • • • englishbanana.com’s Talk a Lot Spoken English Course Elementary Book 1 This book is dedicated to Anna and Julia, with love and thanks xx and also: ………………………………………………………………. (Insert the name of the teacher who has most inspired you to learn.) English Banana.com info@englishbanana.com ISBN-13: 978-0955701511 English Banana.com Copying Licence: You may freely print, copy and distribute this book, subject to our Copying Licence (visit our website at www.englishbanana.com for full details) First published in the UK by English Banana.com 2008 © Copyright Matt Purland 2008 Talk a Lot Introduction Welcome to a new kind of English course! Talk a Lot is a great new way to learn spoken English, and quite a departure from the standard ELT course book. Instead of spending hours reading and writing, students have the opportunity to engage in challenging and fun speaking and listening activities with their friends. On this course students learn how to think in English as well as Talk a Lot! The Talk a Lot course objectives are very simple: • • • •...

Words: 46376 - Pages: 186