...or if there are mistakes made in the contract. Learning Team A will review several scenarios that involve contracts to determine the outcome of each as well as the legal ramifications. Scenario One Foodmart contracted with Masterpiece Construction to renovate their store on Main Street in My Town. Masterpiece could not complete the job in a timely manner and decided to subcontract the work to Build Them to Fall Construction. Foodmart was not made aware of the subcontract until they realized the quality of the work was not what they expected. Foodmart petitioned the court, and sued Masterpiece for breach of contract and specific performance (UOP, 2010). Based on UCC code, unless there is specific mention is a contract a third party can have the contract delegated to them. Masterpiece did nothing wrong in this scenario by transferring the work to Build Construction. Masterpiece’s defense will be that they have the right to delegate the duties of the contract. However, the delegation of the work does not transfer the responsibility; Masterpiece will still be liable for the quality of the work completed by Build Construction. If Foodmart was unhappy with the work that Build Construction did, Masterpiece would be held liable. Based on the entrustment rule of the UCC code, Foodmart entrusted Masterpiece to renovate their store in accordance with their agreed upon preferences. Whether or not Masterpiece performs the work, the contract is...
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...Foodmart Looking at the four different type of contract that they enter in too in their daily lives it can be going into their personal or business. They had to encounter contracts, liability, and consumer protection and e-commerce. When looking at this board spectrum of areas of the law some of consumer use even if he or she do not that are signing a contract. What they are entering is a contract are not. In finding the different types of statutes that can be used to determine which of the different instances that someone can believe that went wrong. In deciding if a contract is existing can be consider as a guidelines to help set a precedent, and ultimately to be decided upon by a judge. These contracts are there for the business and the consumer to help him or her to be fair. Revved up Renovations Masterpiece Construction took on a contract to do some remodeling for Food Mart. After taking the contract they could not complete it in the time limit. Without letting Food Mart know they had subcontracted it out. Food Mart was under the impression that Masterpiece Construction was doing the work because Food Mart like their work. This would show that Masterpiece Construction in breach of contract because they did give permission to go into a subcontract the work. The contract shows that Masterpiece Construction is doing the work and is warranty of work for this job was not valid when they gave the job to build them to fall. When the judge looks at the Food Mart...
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...Business Law BUS 415 Caroline Youngblade November 28, 2011 Foodmart, Inc. Paper Introduction Contracts are a legal binding agreement entered into by two parties with the intention of creating a legal obligation. Team C will review each scenario, summarize the legal aspects, and identify the implications of the contracts in each scenario. Scenario One From the sound of this, Foodmart had a valid contract with Masterpiece for the renovation of the store on Main Street. Foodmart had an express contract, an agreement in written form, that Masterpiece had 6 months to ensure the renovation (Cheeseman, 2010). The specifics that are necessary to know are if Foodmart had any clauses in the contract preventing Masterpiece from subcontracting other work and if Masterpiece had to hold work done to a certain standard. The article mentions that Foodmart has noticed the poor quality of work being completed and passed for acceptable. Masterpiece is ultimately responsible for the final product and if the quality is not acceptable by the 6 month deadline, Masterpiece is at fault. Masterpiece does not have the authority to change the terms of this contract based on new contracts. By agreeing to this, Masterpiece agrees that the deadline is reasonable and any new contracts signed should already take this into consideration. Masterpiece can try to rule this as an unconscionable contract, a contract that courts refuse to enforce in part or in whole because it is so oppressive...
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...Foodmart Inc BUS/415 April 04, 2012 Foodmart Inc An agreement or contracts are critical aspect while working with a company or business matter. A contract is a binding legal agreement between two parties to agree on the same terms or making a deal agreeing to the conditions set forth by both parties. There are several types of contracts that include implied, oral, and written. If there is a misrepresentation, fraud, or made under duress, the contract can be voided or canceled. Scenario One Foodmart is suing Masterpiece Construction Company for a breach of contract because Foodmart was unaware of the subcontracting issues from Masterpiece. The contract was made for Masterpiece Construction Company to finish the renovations by or within six month. Masterpiece Construction Company hired Build Them to Fall Construction to complete the job, but Masterpiece did not due to their homework before hiring this company. The quality of work was poor and the completion date was not done in six months. Food mart petitioned the court for an injunction and sued for a breach of contract for specific performance. The contract had specific performance that needed to be done and a time limit for completion. Masterpiece Construction Company should have notified Foodmart of any changes that occur or will occur. Masterpiece had a contract promising to renovate the store and had contractual duties to inform the other party. Cheeseman said “If a contractual duty has...
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...Foodmart Inc. Paper Silvia BUS 415 January 12, 2012 Foodmart Inc. Paper Foodmart Inc. is a retail grocery store in Any State, America. This paper will discuss four lawsuits involving Foodmart Inc. or its employees. The first lawsuit is Foodmart Inc. suing Masterpiece for breach of contract, specifically regarding Masterpiece’s performance on a renovation project. The second case concerns Jeremy Atwater, an employee of Foodmart, who is being sued by a car company named Smooth Sales Used Cars over the legality of a contract. The third lawsuit involves Brian, a manager of Foodmart, as a defendant versus Harry, who is suing him for breach of contract. In the final case, Foodmart itself is being sued by Todd, who accuses Foodmart of damaging his business because the grocery store did not give him a sauce that he wanted. Foodmart versus Masterpiece Foodmart contracted with Masterpiece Construction to renovate one of its stores in Any Town, specifically the one on Main Street. In the contract, Foodmart requested that Masterpiece complete the project within six months. Because it had too many other contracts, Masterpiece Construction was unable to finish the renovation in six months. To solve the matter, Masterpiece hired a different company, namely Build Them to Fall Construction, to complete the job. Build Them to Fall, however, did a very poor job. Foodmart was not notified by Masterpiece that they subcontracted with another company to finish the renovation. Foodmart sued...
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...Foodmart Inc., Paper Zelda Anderson, Shaquan Bozeman, Maria Lovell, Lashawda Jones, Ali Gurley BUS/415 March 13, 2012 Professor Michele Riley In scenario one many issues are in question such as whether this contract was legally formed, if the contract was assignable or if the contract was disregard and what the appropriate standards is for the non-breaching party. They need to take a look at the contract and decide if the contract was an acceptance and consideration. After reading the scenario the contract does not show any formation process, it also does not show whether the contract is valid between the two companies. In order for Foodmart to sue Masterpiece construction they must first establish that the contract ever existed. Masterpiece could avoid the liability under the contract by proving that no legal contract was clearly defined. If no contract was formed to where Foodmart accepted the terms then the offer could be different. The facts in this case do not indicate whether the contract between Foodmart and Masterpiece was assignable or not. Even if a contract is held to be non-assignable, most jurisdictions will usual not grant the change of a specific performance. If Foodmart petitioned the court for an injunction and sue Masterpiece for the breach in contract and the specific performance they will lose. Foodmart could win against the case if they sue only under the breach of contract. Masterpiece argues that they had the right to delegate the contract...
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...made it known that there is a purposeful intent not to perform, that party has breached its contract. One remedy available for breach of contract is specific performance. Specific performance is a court order that requires a performance to be exactly as it is written in the contract (“Specific performance,” 2011). This action only occurs during real estate transactions and other unique properties, otherwise the situation is minimal. Specific performance is rare because the courts do not like the responsibility of monitoring performance. So under the assumption that there has been a breach of contract, specific performance would not be a likely remedy. Also damages would be awarded to Foodmart to help bring the building renovations up to standard. In this scenario, the contract between Foodmart and Masterpiece was not breached because Masterpiece performed the building renovations that were required under their contractual agreement. However, Masterpiece delegated their duties to another company, Build Them to Fall Construction. Build Them to Fall's performance under the current contract was sub-par. The basic definition of delegation is the transference of duties and obligations of a contract. A contract requires a person to perform some type...
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...Synopsis of Tort Cases Paper Introduction Monica Bertrand The purpose of this paper will be for Team B to analysis two scenarios and decide what tort actions were found in the two scenarios that we chose. The scenario’s that were chosen by team B is scenario two and four. Within this paper we will discuss what tort actions were found in each scenario, and decide who are the plaintiffs, and defendants. In this paper we will discuss the elements of the tort claim and how it constitutes the plaintiff’s claim and how it can be resolved. My portion for team paper bullets one through three Monica Bertrand In scenario two the setting is in an Italian restaurant where the owner will be sued for negligence. The tort action for starters would be negligence. Tort is a word that means wrong done, that an individual has committed knowingly or not or by strict liability. The plaintiff has a right to monetary gain for damages inflicted while the tort was committed. According to Cheese man 2010, “Tort laws provide remedial compensation for damages. Segment of tort laws includes intentional torts against persons, negligence found under unintentional torts, special negligence doctrines for professionals, and strict liability and product liability for manufacturers”. Within scenario two Anna along with the old lady and the customers that were trying to leave the restaurant are the plaintiff’s. Anna can sue the restaurant owner for negligence, because glass was found in her...
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...Scenario A Foodmart is renovating one of their stores on Main Street. Foodmart and Masterpiece entered a contract stating that Masterpiece promised to complete the work requested exactly as required within the six month timeframe. Masterpiece construction soon realized that because of a recent increase in business they could not complete the work. Masterpiece hired a subcontractor to complete the Foodmart renovation. Foodmart was unhappy with the poor quality of work and became aware that Masterpiece had subcontracted the work out to Build Them to Fall Construction. Foodmart received an injunction and sued Masterpiece for breach of contract and specific performance. In defense Masterpiece stated they had the right to delegate duties or discharge the contract claiming commercial impracticability. Deciding if Masterpiece breached the contract is difficult to determine because according to the UCC, a party can perform contracted duties through a delegated third party unless otherwise agreed upon (LII/Legal Information Institute, 2005). Not enough information has been provided to determine if the contract specifically stated acceptance or no acceptance of third parties completing duties. Masterpiece either way should have notified Foodmart of their decision to use a third party. Foodmart will win the breach of contract for the poor quality of work performed. Though Masterpiece subcontracted out the work they are still responsible for the quality of the work. Foodmart will also...
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...Foodmart Inc. Scenario BUS/415 July 19, 2011 Aaron Towns Foodmart Inc. Scenarios Scenario One: Foodmart Contracted with Masterpiece Constructions. In an effort to enhance customer experience and satisfaction Foodmart Inc. retained Masterpiece Construction to renovate its Main Street location. In the end Foodmart Inc. was not pleased with the work Masterpiece Construction provided and later found out that the work was sub-contracted out to a third party vendor. This in return resulted in Foodmart suing masterpiece for a breach of contract. Who wins? In the case of Foodmart vs. Masterpiece, Foodmart wins. Although, Masterpiece argued commercial impracticability, the first element of the commercial impracticability states “Something unexpected must have occurred"(Cohen Seglias Pallace Greenhall & Fermac PC, N.D.) for a company to plead impracticability. The third element states and the unexpected occurrence must have rendered performance commercially impracticable” (Cohen Seglias Pallace Greenhall & Fermac PC, N.D.). By Masterpiece Construction accepting and scheduling each new contract it voids the term unexpected. They were aware of everything that came along with each contract they accepted before accepting the responsibility. Therefore Masterpiece Construction should be held accountable to their actions which in return results in Foodmart Inc. being granted their injunction. Scenario Two: Jeremy Atwater Purchases a Car During the summer Jeremy Atwater...
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...Course Syllabus Course Name: Business Law Course Number: BUS/415 Group Number: SWFOUN86 Course Start Date: 5/14/2012 Course End Date: 6/18/2012 Day & Time: Monday, 6:00pm PST Course Schedule________________________________________________________ Workshop 1 – May 14, 2012 Workshop 2 – May 21, 2012 Workshop 3 – June 4, 2012 Workshop 4 – June 11, 2012 Workshop 5 – June 18, 2012 Course Description This course examines, analyzes, and applies to the morn business environment the nature, formation and system of law in the United States. Course Topics & Objectives 1. Legal Environment Explain the relationship between business and the legal environment. Evaluate the social responsibility of business practices. Describe the stages of a civil case. 2. Torts Assess business situations for tort liability and defenses. 3. Contracts and Commerce Describe the elements of a valid contract. Explain the application of the Uniform Commercial Code to commercial transactions. Differentiate between types of interests in property. 4. Business Organizations Differentiate business entities by their advantages and disadvantages. Explain the actions which may result in the piercing of the corporate veil. Describe the formation and dissolution of a corporation. 5. Employment Law Government Regulation Describe the evolution of employment law. Explain government regulation of employer-employee relationships...
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...1. Contract conditions. Foodmart will claim that the advertising price does not reflect both the inventory and the availability of the item. Since the other party formally agreed to contract terms when signing up for the delivery, if the Foodmart shows that they are out of stock, they do not have to honor that order. The best argument that Todd can make is if he can actually prove that the store had items in inventory but refused to ship them out to him even if the items were available. 2. Foreseeable damages. Since it is in doubt as to whether or not the store was required to sell the sauce to him in the first place, even if they violated the advertisement by not selling him the items as advertised, they are still not liable for anything that was unforeseeable on their end in terms of the other party's losses. Because they had no agreement in which the store expressely agreed to underwrite his losses, the receiving party cannot claim that the shipping party is responsible for lost profits. When an online consumer enters a website and uses the site most of the time, unless the notice is hidden from a consumer, the terms and conditions applicable to that website will be deemed to apply to the consumer. Under Grocery's terms and conditions of sale it informs consumers that "advertised" sale prices outside of the website do NOT apply to sales on the web and that orders are limited to the inventory on hand at the "nearest" store. Because the advertisement George saw will...
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...Jennefer Boel Module 1 Part 3 Chapter 3 # 17, 20, 32, 47 17. CVP Computation Var. cost per unit: Units sold: 410000 Price per unit: $68 $60 Fixed costs: $1,640,000 Revenue = Revenue = Total Variable Cost = Total Va 1. a. Contribution margin Contribution Margin = Total Revenues - Total Variable Costs Contribution Margin = $27,880,000 - $24,600,000 Contribution Margin = $3,280,000 b. Operating Income Operating Income = Total Revenue -Total Var. Costs - Fixed Costs Total Revenue Total Variable Cost Fixed Costs Operating Income 2. Effect of New Equipment Units sold: Price per unit: Var. cost per unit: Fixed costs: 410000 $68 $54 $5,330,000 Revenue = Revenue = Total Variable Cost = Total Va New Contribution Margin= $5,740,000 New Operating Income = $410,000 3. Garret should not accept the proposal because operating income will decrease by $1,230,000. This is becaus in 20. CVP Exercises Units Sold: Cost per Unit: Var. Cost per Unit: Fixed Costs: 1. a. Total Revenue Total Variable Costs Fixed Costs 5000000 $0.50 $0.30 $900,000 $2,500,000 $1,500,000 $900,000 Operating Income $100,000 b. Breakeven Point in Revenues Breakeven Revenues = Fixed Costs ÷ Contribution Margin % Breakeven Revenues= $900,000 ÷ 40% Breakeven Revenues = $2,250,000 2. .04 per unit increase in variable cost Units Sold: 5000000 Cost per Unit: $0.50 Var. Cost per Unit: $0.34 Fixed Costs: $900,000 Total Revenue Total Variable Costs Fixed Costs Operating Income $2,500,000 $1,700,000...
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...Case Study: Brian McDonald spent his time away from work on his hobby, model trains. His train set was large and consisted of rare and one-of-a-kind trains. One day, while visiting with fellow train hobbyist Harry, Brian said, “When I retire in 2 years from Foodmart, I’m going to sell my trains and spend the rest of my life traveling on real trains.” Brian told Harry that he was the only person he planned to offer his trains to, because he knew Harry would take care of them. Harry said he looked forward to the day when he could buy the trains. Harry spent the next 2 years and most of his savings building a new 2,000-square foot room onto his house to make room for the trains. When Harry told Brian he was building the new room, Brian just smiled. Brian also heard that Harry borrowed money from his aunt to buy the trains. When Brian retired, he sold his trains to his neighbor, James. Harry sued Brian, claiming breach of contract. Who wins? Explain your answer. In any court of law they will be first discussing what type of contract this falls into. Was this an express or implied-in-fact contract? Was this a legal contract and does Harry even have a case that would support him for a breach of contract? According to Cheeseman (2010), an express contract is an “agreement that is express in written or oral words “(pg. 159). The discussion between plaintiff Harry and defendant Brian was that Brian had suggested that the “only person he planned to offer his trains to,”...
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...Establishment Name | Establishment Type | Address | Cherry Foodarama Congressional | SUPERMARKETS | Congressional Ave., Quezon City | Crossing's Supermart Quezon Avenue | SUPERMARKETS | Quezon Avenue, Quezon City | Daily Supermarket | SUPERMARKETS | 20th Ave. cor. P. Tuazon, Cubao, Quezon City | Ever Commonwealth Center | SUPERMARKETS | Don Mariano, Marcos Avenue Cor. Don Antonio Road, Quezon City | Ever Plus Superstore 11th Avenue | SUPERMARKETS | 13 11th Ave. Cor. A. Bonifacio St., Balintawak, Quezon City | Ever Plus Superstore Forest Hills | SUPERMARKETS | 886 Quirino Highway, Gulod 2, Quezon City | Fishermall Supermarket | SUPERMARKETS | 42 General Lim St., Brgy. Sta. Cruz, Quezon City | Hi Top Supermarket Aurora Boulevard | SUPERMARKETS | 36 Aurora Blvd. cor. F. Castillo St., Proj. 4, Quezon City | Hi Top Supermarket Quezon Avenue | SUPERMARKETS | Quezon Ave., Quezon City | JC Plaza Supermarket | SUPERMARKETS | 22 T. Jener Cor. K-5th, Kamuning, Quezon City | Establishment Name | Establishment Type | Address | The Landmark Trinoma | SUPERMARKETS | Trinoma Mall, EDSA Cor. North Ave., Quezon City | Metro Supermarket | SUPERMARKETS | 1050 E. Rodriguez Avenue, Quezon City | Mightee Mart Novaliches | SUPERMARKETS | Holy Cross Novaliches, Quirino Highway, Quezon City | Mightee Mart Project 8 | SUPERMARKETS | Project 8, Quezon City | Mightee Mart Retiro | SUPERMARKETS | N.S. Amoranto (Formerly Retiro) Cor. Sto. Domingo St., Quezon City | Mightee...
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