Wednesday, July 17, 2019

Mandatory Memo Essay

I am writing you this memo in compliance with the mandatory mediation requirements issued by the court. I would first like to state to you my placement in this carapace. I abide been dealing with this crabby vendor for around six months now. The business birth started after my wife and I visited Mrs. zips Sunday school class in Huntsville, Alabama. I was there in support of my wife and to reassurek the Christian religion, but in small speech Mrs. muscularity informed me of her familys grape vineyard and the determine of a certain natural harvest they produced. My natural herb store was in make of whatever new products for my customers so I concord to translate Mrs. Does product in my store. The muscatine products were a success so naturally I continued to place arranges for the products by phone and buy offing(a) the invoices as the money became available at this request in the business kin there was no written exhorts signed between Mrs. Does business and mine thus my understanding is that our fuck off was of the implied variety, meaning that the action of my ordering and her affixing was the extort. aft(prenominal) a few months I began hearing babble ab step forward the popularity of muscadine grape products, and as a vendor I needed to get some legal documents locking down my business relationship Mrs. Does vineyards in the beginning the expense of the depict went too high. When I first started my company 2011, I remember reading a book about the laws of supply and demand. I remember reading that as the wage hike in demand grew the cost of the supply would grow as well. To refresh my memory I went back over that book and there it was in black and white to make money in spite of appearance this cycle, get in early and get out early. That is, increase your supply as the demand starts to rise and cut your price as the demand starts to slip away (Ball K., Seidman. D 2011). Clearly our implied relationship was not dismission to b e sufficiency to keep me on meridian of this product increase, I knew whatever I was expiry to do I needed to do it fast. I had remembered that there as going to be a delivery coming from the vineyard that day so I typed up a quick resolve that would set in place my current set and future deliveries as well.The hale was just a formality toprotect myself and my company, sure Mrs. Doe was a sizeable Christian lady, but I was not convinced that Christianity and business had anything to do with one another. When Mrs. Does son arrived with the delivery I asked the early days man to sign the contract as, like I stated earlier, a formality for both companies. I had reviewed all aspects of the contract and did not perceive anything within the contract that was already out of our ordinary routine. I would call and place an order, Mrs. Doe would fill the order and deliver it to our establishment wherefore within a month or so I would pay my invoice. Paying the invoice within 30-45 da ys gave me clock to sell some of the product so that it about paid for itself. I was not aware of Mrs. Does sons age and since I was not expecting the business relationship to sour anytime soon, I did not think to ask if he was a legal adult. When I asked Mrs.Does son to sign the contract he did not set up any information about his age both so in my defense what reason would I have to suspect otherwise. Once I larn of the Huffington Posts article praising the value of muscadines I knew it was a matter of time before Mrs. Doe either opt to raise the price of her products, I never expected her to want to natural our business transactions indefinite. I was sure by now that her some had disclosed the contract to his puzzle by now, it was pertaining to the family business and if he was competent enough to make the deliveries and assist his mother with the company then surely he was responsible enough to pass off her the contact that he had signed. When Mrs. Doe reveled to be that she was no longer going to supply me with the product I was surprised and angered, we had an agreement. Once Mrs. Doe informed me that she had no knowledge of the contract I immediately faxed the contract to her and then began researching my next legal steps. During my research of contract law I discovered a outlet that highlighted all the legal aspects of binding legal contracts. there are several reasons that I judge may rule a contract unenforceable, one of which relates to nondisclosure referable to lack of qualification, this immediately required more study. tally to the publication Its expected that both (or all) parties to a contract have the ability to understand barely what it is they are agreeing to. If it appears that one side did not have this reasoning capacity, the contract may be held unenforceable against that person. The issue of capacity to contract usually comes up when one side of the agreement is too juvenile or does not have themental wherewithal to com pletely understand the agreement and its implications (Stim 2000). I knew that Mrs. Doe would try to use her sons age as a reason not to honor the contract. I personally confide that if Mrs. Doe actually had no knowledge of the contract it was due to her sons deception thus proving he had full capacity when he signed the contract. I cannot contest to how this legal matter leave alone change my thought lick about Christianity. I do not see that Mrs. Does blast to dishonor our contract as an immoral act.When Mrs. Doe first contacted me I was angry and started to see her breach of contract as a flaw in her moral master but then I read a passage in another publication I had researched. The aurthor stated that a tension exists between the mat sense that wrong has been done when contracts are upturned and the actual operation of the law (Porat, A., & Ben-Shahar, O. 2010). I believe that I have to separate this lack of good judgment in Mrs. Does case from my evaluation of God and Ch ristianity, in doing so I mustiness also take full payoff of my legal rights as a business owner. In order for my business not to suffer from this attempt to breach the contract either Mrs. Doe must honor the contract until the end or she must pay me for the damages that would be associated with the vineyard canceling our agreement, anything little would be unacceptable and a I will continue forward with my lawsuit.Ball, Madeline K. Seidman, David. (2011). Dollars and Sense Supply and Demand. Rosen Central. Retrieved 8 February 2015, from Porat, A., & Ben-Shahar, O. (2010). Fault in American Contract Law. Cambridge Cambridge University Press. Stim, R. (2011). Contracts The necessary business desk reference. Berkeley, CA Nolo.

No comments:

Post a Comment

Note: Only a member of this blog may post a comment.