Free Essay

Pig Out

In: Business and Management

Submitted By coconutlover
Words 1418
Pages 6
Pig-out BBQ, Inc.
Our Pork is Smokin'!

Corporate Offices
24 Hickory Smoke Drive
East Bumble, Alabama 30699

TO: THE LAW FIRM

FM: Ronald T. Dumpp, Chief Executive

SUBJ: Legal Advice

Dear Lawyer,

After a few recent events surrounding our purchase and use of "Evershine Flooring" by FloorCo, Inc., I felt it best that I write to you and ask for your formal legal opinion about this matter. I'll try and give you all the facts as best I can in this letter because I'm going to Barbados for three weeks and I will be unavailable during that time.

About eight months ago, we were approached by a representative from FloorCo Inc. regarding a rather remarkable new product that they had created. The representative told us that FloorCo had created a new process whereby they could fabricate a commercial hardwood flooring that retained a durable glossy shine "virtually forever." They called this new flooring "Evershine." As you know, all of our barbecue restaurants have hardwood floors. The hardwood floors provide us with a "country" atmosphere that our customers expect when they walk into a Pig-Out restaurant. We have spent hundreds of thousands of dollars over the last eight years just maintaining the floors in our restaurants nationwide. We thought that this might be a wonderful opportunity to enhance the appearance of our restaurants while at the same time cut down on our huge maintenance costs. We agreed to discuss it at a board meeting and contact FloorCo at a later date.

A month after we initially met, I was playing golf at the Lonesome Pines golf course with a couple of friends and a person asked if they could join our group to make us a foursome. We said "yes" and, as it turns out, the person who joined our group was Robert Goodman who is the chief executive officer of FloorCo Inc. We rode in the same golf cart and struck up a conversation about the "Evershine" product line. He was a terrible golfer, but he had a stash of wonderful Cuban cigars and brought a bottle of 18-year-old single-malt Scotch (it was called "Glen" something or other) so we struck up quite a rapport. Monica in the "beer cart" caught up with us at the third hole and we purchased a few beers off the beer wagon.

At about the fifth hole Robert and I started to discuss the Evershine product line in earnest. Robert asked me what I thought about the product and I told him that it seemed too good to be true. After all, who has ever heard of a commercial hardwood floor that stays shiny forever and doesn't need maintenance? Robert told me a little about their patented finishing process that allowed them to create this product, and I was very much impressed. He said that this flooring was specifically made for commercial use. We kept discussing it as we played golf, smoked cigars, and enjoyed the Scotch on the golf course. At about the 16th hole, Robert made an offer to me to provide Evershine floors to all 22 of our restaurants for $325,000 (uninstalled). We shook hands on the deal and finished our round of golf with an exchange of business cards and promises to "follow-up on the deal" later in the week.

Early the following week, I contacted a flooring contractor in order to contract for installation of the new flooring. I entered into a written agreement with the flooring contractor to install the Evershine flooring in all 22 of our restaurants. A couple days after that, Robert called and told me that his calculations had been a little off and that the the Evershine flooring would be $365,000. I told Robert that I had already entered into a contract with a flooring contractor and that his increase in the price more than exceeded what I had allowed for the entire project, including the installation costs. He apologized, stating that he probably shouldn't try to do math in his head while drinking Scotch on a golf course, and told me that he would fax this offer to me if that was acceptable. I told him that since the flooring contractor was ready to go and I'd already signed a contract with the contractor, that he really had me over a barrel. He faxed the contract for $365,000 to me and I signed it and sent it back to him.

A few days later, I contacted Robert and asked him when I could expect delivery of the flooring to my contractor so he could start installing the flooring. Robert told me that the Evershine flooring product line turned out to be more popular than they anticipated and that my flooring was on back order. He told me that I would have my flooring in two to three weeks. My contractor was furious because he had based his agreement on doing the flooring over a four-week period starting the same week we signed a contract. My contractor indicated that if he could not start for two to three weeks, then I would have to enter into a new agreement, which I did. The cost of installation in the new agreement was $15,000 more, however, because I'd originally been given a discount to do the installation during a time when the contractor did not have a lot of work to do.

Three weeks went by and I still did not have my flooring. I called Robert and he assured me that it was on the way, but that a blizzard in Denver had the truck with my flooring at a dead stop. Finally, a week later, my flooring was delivered to the flooring contractor. The flooring contractor had to work his employees over-time to get my flooring installed by the contract completion date and as a result I had to pay another $5,000 for over-time to his employees.

I thought that our troubles were all over at that point, but it turns out I was wrong. This flooring is absolutely perfect looking, but in the last six months we have had eight customers who have slipped and fallen on the flooring and have been injured as a result of these slip and fall incidents. This flooring is incredibly shiny but it is also incredibly slick whenever any liquid substance comes into contact with it. Anytime somebody spills something on the floor (or so much as drops an ice cube on it), walking on that floor is like trying to walk on ice! Our customers go through quite a bit of our iced tea and having a few wet spots here and there simply cannot be helped. After the first two slip and falls, we just thought it was a fluke. You know, a little string of bad luck. But after the third fall in as many days, we knew we had a serious problem. I took a business law class and remembered Professor Barnard saying something about a duty to warn certain people of hazardous conditions, so we put up signs in all the stores warning our customers that the floors were "slippery when wet" (which is quite often). Since putting up signs, however, we have had five more slip and falls. The last customer who slipped and fell was a 300 lb. man who had a "bad back." When he fell, he apparently made it much worse and we have received notice of a lawsuit from his lawyer. He was injured more seriously than the others, but his doctor says it was mostly a result of his own weight.

That's about it in a nutshell. We have this "Evershine" flooring in all 22 stores. We paid a small fortune for it, but it just won’t work for us. On top of that, I have customers (who apparently cannot read our signs) slipping and falling in our restaurants all across the country. I'm hoping you can straighten it all out. After all, that's why we pay you the "big bucks." Please write me a letter identifying all of the legal issues that you think are relevant and let me know what I need to do (and what you need to do as my lawyer) to reduce my losses. I expect your letter to be waiting on me when I get back "from the islands."

Ronald T. Dumpp Chief Executive

Similar Documents

Premium Essay

Feral Pigs Research Paper

...Feral pigs are one out of many different species that have become invasive in different spots around the world. For a species to be invasive it means that the species is not native to it’s current location and the species will often cause damage to the environment, human economy, or human health. Feral pigs are native to Asia and Europe, but were brought to Australia by European explorers and settlers. At first, the pigs were used as domesticated companions, but as they escaped captivity, they began reproducing rapidly and creating a large wild pig population. Now, the feral pig population has become a widespread problem across Australia, costing their economy millions upon millions to try and fix what the pigs are destroying. The feral pigs...

Words: 755 - Pages: 4

Premium Essay

Loss Of Innocence In Lord Of The Flies

...In the novel, Lord of the Flies written by William Golding, british schoolboys are trapped on an unknown island without the guardianship of any adults to push order and discipline. When the young boys first arrive, they are ecstatic about the idea of living without adults, meaning they can do whatever they want. However, the longer they are stranded on the island, the more innocence they get taken from them. For instance, the first time that Jack tried to hunt, he stares at the pig holding a knife over him. Jack couldn't find it in himself to kill the pig which led to it get away. Later in the novel, Jack finds pleasure in the killing’s and even chants “Kill the beast! Cut his throat! Spill his blood!”(Golding 218). Jack chanting this is a symbol of his loss of innocence....

Words: 606 - Pages: 3

Premium Essay

Lord of the Flies

...being together on the island and plan on being rescued soon. The children in the first section of the book still follow the laws and rules that they had before. Jack "The hunter" cannot bring himself to kill a pig in the beginning of the book. "In his first confrontation with a pig, Jack fails, unable to plunge his knife into living flesh, to bear the sight of flowing blood, and unable to do so because he is not yet far enough away from the taboo of the old life. This shows that the kids still do have morals. Another example of the boys still following the laws and rules of society is when “Roger throws stones at Henry, but he throws to miss because ‘round the squatting child was the protection of parents and school and policemen and the law. These rules and laws however do not apply much longer to these children. Things start to go down hill when work has to be done and they have to act more like adults to get things done, but most of them do not want to work, and all they do is bicker. Ralph’s heyday is over. The kids had been on this romantic island having nothing but fun, but the fun comes to an end and reality sets in that they have to work even though they want to play. This section of the novel starts when the parachutists land on the mountain. Ralph cried out “If only they...

Words: 1164 - Pages: 5

Free Essay

Lord of the Flies

...by my choir boys. When I woke up I was being tossed through the air like a rag doll. We had crashed on an island. The island was full of mates like Ralph, the choir, a fat kid, twins, Simon, Robert, and little’uns. I lined the choir boys up and we marched looking for other survivors. When we could look any more because of heat exhaustion we stripped but naked and went swimming to cool down. While I was doing that ralph stole leader as chief and found thee conch shell while he appointed me as leader of the hunters. Sincerely, jack Journal entry #3: Today was long frustrating day ralph was a dear mate of mine until he started to become a bossy nag. Since we had to stay the night on the island ralph made us go hunt for pigs and berries to eat because we might be here longer than a day. While we do this ralph is watching the little’uns we got fruits and...

Words: 958 - Pages: 4

Premium Essay

The Lord Of The Flies Quote Analysis

...ourselves. In the book The Lord Of The Flies by William Golding, there are multiple examples of symbolism. Some examples include, the conch, Piggy's glasses, and the killing of the pig. The story starts odd during the time of world war two. Many british school boys are evacuating the country on a plane. It is shot down and crashes onto a deserted island where the boys form a small government making their leader: Ralph. The boys quickly realize they must somehow signal for help and build a large fire using Piggys glasses, the fire burns the entire forest down and even kills one boy. The conch is found by Ralph and Piggy when they got off the plane and start walking a long the beach. They use it as a horn to call out to all the other boys. Ralph blew a series of short blasts” (page 15). The conch is a symbol of organisation at first because it allows the person holding it to speak about issues at...

Words: 609 - Pages: 3

Premium Essay

Three Little Pigs Research Case

...Research Case 2 Summary of Facts Three Little Pigs (PIGS) provides pork products to the wholesale and retail food service and institutional markets, as well as selling live hogs to outside third parties, though they have no firm commitments to do so. There are three major categories of inventory: live hogs ready for sale, developing animals, and processed pork products. The CEO of PIGS has stated that processed pork prices exceed the costs of producing such products, and believes that because of this there is no lower of cost or market issue related to hogs being developed for processing. The hogs that cannot be easily transported and processed will be sold to third parties (not processed) at market price, which has recently declined. The supposed lower of cost or market issue is dealing with developing animals that are held for sale to third parties. Farmer Joe believes that the market price decline is due to seasonal fluctuations, and that any impairment would be temporary. He also points out that futures prices for the fourth quarter reflect a recovery in prices, and should cover the cost of the company's inventory. The futures prices (at September 30, 2002) are higher than the carrying costs for the animals, except for the animals coming to maturity in the next month. These animals are currently costing $2 more than they will be sold for. Despite the fact that current market prices are below cost, management expects to recover all production costs at September...

Words: 730 - Pages: 3

Free Essay

Tttc

...wake up due to a dramatic nightmare. So many bad things had happened on that island, so many bad things that I cannot get out of my mind. No matter how much I try to forget about it I just keep reliving what had gone on. I need your help; I don’t know how long I can go on like this. I learned a lot about myself and others, sadly I don’t know if I like it. When the plane crashed on the island I thought I was with the most able bodied kids to help all of us survive. We were all from a higher end academy and had vast knowledge in miscellaneous subjects. Also, we were probably the most mature kids for are age, coming from the U.K of course. Yet, I was wretchedly wrong. One thing I found out about those kids is that naturally humans are savages. Another boy on the island, Simon, was viciously murdered because we were all dancing and in the moment and acting wild. Looking back on this event I don’t remember much of what went on except the fact that we killed an innocent boy just because we were dancing and having fun. That was not the only time I saw savagery. It happened when Jack and his hunters killed the sow. They didn’t just kill a pig for food, the vindictively and ruthlessly murdered a pig. The kill of the pig seemed as if to give them a high. The hunters were in awe of the fact that they could dominate another animal and that they held the pigs life in their hands. They chose if it got to live or die. It makes it hard to sleep. When I close my eyes at night...

Words: 2299 - Pages: 10

Premium Essay

Lord Of The Flies Argumentative Essay

...In the book Lord Of The Flies, a group of these boys are stuck on an island with no adults because they were killed during the plane crash. So the boys have to start a civilization on their own. At first it goes swell but after a few days it turns terrible. The boys start yelling at each other and jack always thinks he’s right but he isn’t the chief, ralph is the cheif . After a while it’s ralph against jack and the savages, one wants a fire to go continuously, the other wants to kill a pig. The group of boys who want the fire to go continuously are Ralph, PIggy, the twins, and Simon. They want the fire for the smoke so if a plane goes by they will see the smoke and fire and will come back to get them. They also want to make a civilization...

Words: 491 - Pages: 2

Premium Essay

How Do Boys Work Together

...Can all of these boys work together to accomplish tasks? The boys are stranded on the island after their planes crashed. The boys voted for chief, and Ralph won. Ralph became the leader and made rules on the island then everything goes bad in the middle of the book when Jack messes everything up. Jack doesn't agree with Ralph’s rules and how he wants to control everything. Even though people like to work by themselves, people need to learn how to work together. Ralph wants everyone to help and be involved working on the island. Ralph is most close to Piggy and Simon and Jack is trying to go against Ralph and his group. Jack takes some boys with him but, Piggy, Simon and SamnEric stays with Ralph. In the middle of the hunt Ralph said, “...

Words: 373 - Pages: 2

Free Essay

Lord of the Flies

...In this competitive era, everyone is eager to gain something. Positive attitude on satisfying desire can push one to achieve one’s dream, while radical and unsatisfied desire will ruin one’s humanity and take away one’s reason. “a contented mind is a continual feast” is a good suggestion about how to control ambitious. In Lord of the flies, it is their different attitudes toward how to satisfy their desire make them have different fates. Field Marshal said, “The most powerful weapon on earth is the human soul on fire.” When you set the fire of kind desire for power, your weapon is a shield, which protects your followers and saves your conscience. In an opposite way, the weapon can be a spear, which not only hurts followers but also spears you. In Lord of the Flies, the desire for power breaks boys’ brittle civilization, causes conflict and competition, and finally devastates the island. Jack, an aggressive and ambitious boy, is novel’s primary representative of primitive, instinctual savagery and the desire of power. In the beginning of chapter 2, Ralph encourages boys to vote for a chief, he  [Ralph] lifted the conch. “Seems to me we ought to have a chief to decide things.” “A chief! A chief!” “I ought to be chief,” said Jack with simple arrogance, "because I'm chapter chorister and head boy. I can sing C sharp."(22) Jack thinks there’s no doubt that he should hold the power because he gets used to being the top one in a group. However, he fails to be elected. Since then, the...

Words: 1158 - Pages: 5

Premium Essay

Why Do Boys Become Savage

...The boys have become savage throughout the story, what would you do if you were one of the boys stuck in the island without parents with just kids and having to survive by yourself, I think most of you would become savages just like the boys did in the story because you would get tired of being by yourself and would miss your family. One of the reasons the boys became savages is because most of the time the boys were focused on having fun instead of trying to work on getting food or building a home or building a fire, and trying to get rescued. The boy were just focused on having fun because the couldn’t do this when they were home and in the island they have no parents watching them or stopping them from having fun so they were did what they...

Words: 449 - Pages: 2

Free Essay

Endomethodolgy

...their social world. A favored technique among ethnomethodologists is to temporarily disrupt the world which people take for granted and see how they react. The point of this is to expose background assumptions that have been accepted as reality for a long time.” (Nekervis) For this project, I decided on performing an action that did just that. I have a pet pig. Even though the trend of having pet pigs is becoming popular, it is still not viewed as “normal,” especially around where I live in Brick town. I decided to take my pig, Phoebee, for a walk around the Brick township reservoir, which isn’t something you see everyday. There is a sign posted directly before the ramp to enter, which basically expresses that DOGS are welcome as long as they are cleaned up after. There are no signs discussing the rules regarding pigs obviously, but I didn’t think I would have a problem. I predicted I would receive a few strange looks and definitely some questions and some people, probably children that would like to interact with Phoebee. I thought that is wouldn’t be accepted completely but I felt like the people who witnessed me walking my pig would be open to the idea and it would get them thinking. Conclusion: I went to the reservoir with Phoebee on a sunny Wednesday when the temperature was just about 60 degrees. I chose that day because it was the perfect weather for a walk and there would probably be many people there walking so I would be able to get several reactions. I was wearing...

Words: 640 - Pages: 3

Premium Essay

Dialectical Journal For Lord Of The Flies Quotes Analysis

...This quote characterized Simon. He was with Ralph and the things that Simon was doing made Ralph call him a batty. This book uses a lot of terms that come from the United Kingdom’s style of English. The terms ‘batty’ translated to a way of saying crazy. “Ralph leaned against a tree and at once the daydreams came storming up(Golding 112).” This shows that Ralph is having daydreams and is thinking about things that had happened to him in his life before the crash. In this particular daydream he is dreaming about a cottage that he had lived in. “Someone’s got to go across the island and tell Piggy we’ll be back after dark.” ….. “Throught the forest by himself? Now?” “We can’t spare more than one.”(Golding 117)” This quote shows that Piggy is out alone on the other side of the island. They are afraid of sending more than person in case something happens they will only lose one person. They decide to send Simon because he is brave and it not afraid of being in the jungle...

Words: 1173 - Pages: 5

Premium Essay

Lord of the Flies Theme & Symbol

...specifically developed using the following three symbols: the beast, the conch shell and, Simon. During the scene were Simon encounters the Lord of the Flies the Lord of the Flies speaks to him and says “There isn't anyone to help you. Only me. And I'm the Beast... Fancy thinking the Beast was something you could hunt and kill... You knew, didn't you? I'm part of you? Close, close, close! I'm the reason why it's no go? Why things are the way they are?” (Page 142). This quote completely reveals that the beast is symbolized as the innermost evil within all of us. This has a major role in the civilization vs. savagery theme because the beast represents the savagery. The beast is used yet again as a symbol for inner evil when Jack mounts the pig head on a stick. “The head is for the beast. It’s a gift” (Page 137). This shows how the boys begin to almost worship the beast as a god. It displays how they have almost completely been taken over by the savage inside them. Throughout the book they are slowly consumed by savagery and only few of the boys keep a good sense of judgment. Another important symbol in the book was the conch shell. During the scene when Ralph and Piggy first discover the conch Piggy explained it’s value. “S’right. It’s a shell! I seen one like that...

Words: 823 - Pages: 4

Free Essay

Lord of the Flies

...nature. Author, William Golding, portrays conflict through two of the main characters, Ralph, leader of the civilized group, and Jack, leader of the savage group. Golding reveals the growing tension between civilization and savagery from when a signal fire is let out, Piggy’s glasses breaking, and the pig hunts by Jack. The adventure that the boys encounter in Lord of the Flies explores the dark side of humanity showing the civilized versus the savage-like nature of human beings. Golding attempts to unearth the flaws of society back to the flaws of the nature of humans. The first key moment in the rising action that shows the growing tension between civilization and savagery is when Jack and his hunters let the fire die out, causing a ship to pass by without a smoke signal showing and allowing the group of boys to miss an opportunity of being rescued. This key moment is important because it marks the first dispute between the antagonist and protagonist in the novel. Ralph’s priorities are to build shelters and keep a signal fire going in order to get rescued, however Jack’s priorities are to hunt meat for the boys and have fun. Tension is shown in this moment when they argue and Jack ends up taking his built frustrations out on innocent Piggy. Golding writes, “he took a step, and able at last to hit someone, stuck his fist into Piggy’s stomach” (71). This event reveals a clear difference between the savage and the civilized as Jack uses violence, whereas Ralph...

Words: 709 - Pages: 3