Running head: FOODMART, INC. PAPER 1 Welcome to WritePoint, the automated review system that recognizes errors mostcommonly made by university students in academic essays. The system embeds commentsinto your paper and suggests possible changes in grammar and style. Please evaluate eachcomment carefully to ensure that the suggested change is appropriate for your paper, but remember that your instructors preferences for style and format prevail. You will alsoneed to review your own citations and references since WritePoint capability in this area is limited. NOTE: WritePoint comments are computer-generated writing and grammar suggestions inviting the consideration and analysis of the writer; they are not infallible statements of right/wrong, and they should not be used as grading elements. Also, atpresent, WritePoint cannot detect quotations or block-quotes, so comments in those areas should be ignored. Please see the other helpful writing resources in the Tutorials and Guides section of the Center for Writing Excellence. Thank you for using WritePoint.
FOODMART, INC. PAPER 2 Foodmart, Inc. [Doctoral-level comment (but recommended for any collegiate writer)-- Write out abbreviations in academic essays] Paper Sarah Bixby, Andria Destin, Demetria King, Felicia Liles BUS 415 - Business Law April 20, 2011 Courteney Harris
FOODMART, INC. PAPER 3 Foodmart, Inc. Paper The idiomatic expression, “It takes two to tango” is commonly used [The passive voiceis a form of "be" (is) and a participle (used). Over-use of the passive voice can makeparagraphs officious and tedious to read. Try to use the active voice most often; forexample, passive voice = The paper was completed on time. Active voice = the studentcompleted the paper on time--See Center for Writing Excellence > Tutorials & Guides >Grammar & Writing Guides > Active & passive voice] to describe an interaction between atleast two people. Similarly, a contract is the conception [Check spelling: this word means "theprocess of conceiving an idea, etc."; consider using "concept"] of at least two peopleentering into [Redundancy: remove "into"--how else does one enter? ] an agreement. Acontract is a promise or a set of promises for the breach of which the law gives a remedy or theperformance of which the law in some way recognizes a duty.” [Move the period to follow thecitation] (Cheeseman, 2010) [The citation for a direct quote needs the page number] A central component of a contract is the offer, acceptance, and consideration. Absent ofthe elements a contract is null and void and; therefore, seizes to exist. Every traditional and e-contract involves at least two parties. The offeror is the party who makes an offer to enter into[Redundancy: remove "into"--how else does one enter? ] a contract. The offeree is the partyto whom an offer is made [Passive voice ] . [Move the period to follow the citation](Cheeseman, 2010) The paper will examine [Doctoral-level comment (but recommended forany collegiate writer)--Avoid anthropomorphisms (attributing human characteristics tononhuman or inanimate objects). Consider that no paper can "examine." Try somethinglike "In this paper the subject to examine is. . ."] contracts, contract law, and how [Thesewords appear to lead to a dependent clause--if so, remove the comma (unless, of course, this
FOODMART, INC. PAPER 4is the last element in a series)] [Unless this is the last of a series, remove the comma--thefollowing is not an independent clause] it affects the outcome of blended scenariosconcerning Foodmart, Inc. (a retail grocery store chain), and the company’s employees, JeremyAtwater and Brian McDonald.Scenario One Foodmart (the offeror) made an offer to Masterpiece (the offeree) to perform arenovation. Masterpiece accepted the offer when it made consideration by starting work on therenovation. The contract is between Foodmart and Masterpiece, and the Terms of the contractand scope of work are important in identifying whether Foodmart can force Masterpiece toperform the work themselves, or whether Masterpiece is able to [Wordiness--these three wordsmean simply "can"] subcontract the work from Fall Construction without legal ramifications. If the work that Masterpiece was to complete for Foodmart was unique in nature [Vaguewording--unless the intended meaning is "in the forest," "in nature" communicates verylittle and can be deleted with no change in meaning] , and could [Punctuation: remove thecomma if the following is not an independent clause (could not be a sentence by itself) ORis not the last element in a series of more than two] not be replicated [Passive voice ] by asubcontractor, then [Writing suggestion: this sentence may be simpler without "then"]Foodmart’s [Apostrophe: remove if the word is not possessive] injunction should beapproved. In this case, Masterpiece would be forced [Passive voice ] to perform the work basedon specific performance, and fix any damages caused by sub-contracting the work out to FallConstruction. If the work that Masterpiece was contracted [Passive voice ] to complete was not unique,then [Writing suggestion: this sentence may be simpler without "then"] Foodmart’s
FOODMART, INC. PAPER 5[Apostrophe: remove if the word is not possessive] injunction will not have bearing.Foodmart may be dissatisfied [Passive voice ] with the work that Fall Construction isperforming, but their only course of action would be to make sure Masterpiece is providing thescope of work as stated in the contract. In addition, the court will take into account whether the contract is valid and enforceable,void, or voidable when deciding whether Foodmart can rightfully enforce the contract. The courtwill determine whether both parties had capacity to enter into [Redundancy: remove "into"--how else does one enter? ] a contract, whether there was an offer made, acceptance, andconsideration paid for the contract. If Foodmart paid for the renovation up front the contractwould be considered [Passive voice ] unilateral, as they have forgone money where Masterpiece has not yet lost anything. If Foodmart were not paying Masterpiece until theend of the contract, then [Writing suggestion: this sentence may be simpler without "then"]it would be bi-lateral, as currently the contract stands only as a promise for payment in return fora promise to provide services. Regardless of whether this was a verbal or written contract, itwould be considered [Passive voice ] an informal contract since [Check word choice--"Since"is more precise in referring to time ("after that"); otherwise use "because"] there is nospecific format to be completed such as writing a check.Scenario Two Jeremy Atwater (a 17 year-old) signed a contract with Smooth Sales Used Cars topurchase a vehicle. The sale included a down payment and $200 monthly payments.Unfortunately, Jeremy was unable to [Writing suggestion--Simplify the sentence byshortening "unable to" to "cannot," "could not," etc.] continue to monthly payments[Doctoral rule (but good advice for any academic writer)--avoid a split infinitive; consider
FOODMART, INC. PAPER 6placing the adverb (monthly) before or after the infinitive (to payments )--try "monthly topayments " or "to payments monthly" (or place "monthly" later in the sentence)] becausehe lost his job. As a result, Jeremy returned to Smooth Sales Used cars and requested to cancelthe contract. In addition to cancelling [The preferred spelling is "canceling"] the contract,Jeremy requested a refund of all funds presented to the company. There are ["There are" is an awkward phrase if "there" is not clearly a location]several options to resolve this scenario. Primarily, contracts with minors are not valid unlesspurchasing the vehicle is a necessity. In this case, the vehicle is not a necessity and SmoothSales Used Cars should keep the car and cancel the contract. In regards [Use "regard"("regards" are feelings of affection)] to returning of the funds, the company has severaloptions to consider. One specific option is returning the funds and the company accept thesituation is a financial loss. The second option is to charge Jeremy a rental fee for the six monthsof usage [Check spelling: "Usage" refers primarily to legal procedures or grammar; mostwriting situations call for "use"] and refund the remaining balance Jeremy paid. The thirdoption is the company refuse Jeremy’s offer and make Jeremy and his parents accountable forthe terms of the contract. Jeremy Atwater did not lie about his age, the salesperson neglected to confirm Jeremy’sage; therefore, Smooth Sales Used Cars will assume the loss of the contract if Jeremy insists onreturning the vehicle.Scenario Three The third case, McDonald versus Harry, Harry is suing McDonald for what he sees as abreach of contract or promissory estoppel. McDonald, who works for Foodmart, collects raretrains in his spare time as a hobby, informed Harry he will sell him his trains in two years when
FOODMART, INC. PAPER 7he retires because he knows Harry will take care of the trains. Upon receiving this verbalinformation from McDonald, Harry on his own recognance, decided to add a 2,000 square footaddition to his home to accommodate the intended trains he was to receive by borrowing themoney from his family. When McDonald retired two years later, McDonald decided to sell therare trains to his neighbor instead of Harry. Harry blames McDonald for a breach of contract because of a verbal conversation;however, during that verbal conversation of offer, no terms, agreement, or money was discussed[Passive voice ] . Unfortunately, for Harry, there was no written documentation of McDonaldverbally agreeing to sell his rare trains to Harry. Without anything written it would be difficultfor Harry to prove McDonald told him that he would sell his rare trains to only him. A statement of intent that an individual states they [Check pronoun agreement--if"they" refers to "an individual" (or a singular subject), it should be singular, too (he orshe) and perhaps require adjusting the following verb] will do something during a certaintimeframe is not an offer. An offer must express not only an intent to enter into [Redundancy:remove "into"--how else does one enter? ] a binding agreement but also the terms of theagreement (AMJUR Contracts §10, 2010). Even when Harry advised McDonald of the additionto his home for the trains, McDonald still did not acknowledge that he was still selling his trainsto him, he merely smiled. Again, Harry is suing for promissory estoppels. Harry will try to prove that McDonaldpromised to sell his trains to him after two years. Unfortunately, no evidence exists thatMcDonald promised Harry anything. Promissory estoppel also requires that the promisereasonably induce the promise to the action (Restatement (Second) of Contracts §90, 1981). Noreasonable explanations show that acquiring rare trains means one has to acquire debt and make
FOODMART, INC. PAPER 8renovations to property to satisfy the train’s accommodation. Harry acquired this debt on hisown. For these reasons, Harry will not win the case against McDonald.Scenario Four Retail giant, Foodmart Inc., expands its services to an online delivery service. Customerswho [Check punctuation: If the following phrase is nonrestrictive (the sentence would stillmake sense without it) insert comma before "who"] reside within a 10-mile radius to thestore can receive delivery of items purchased online. To use the online service, Foodmartrequires customers to agree to terms and conditions of a contract. An e-contract is equivalent tosigning a traditional contract. The Electronic Signatures in Global and National [Do notcapitalize without the complete name of the institution (unless in a citation or as the firstword in a sentence)] Commerce act, also known as ESIGN was signed [Passive voice ] byformer President Bill Clinton and enacted on June 30, 2000. The act states that e-contracts andelectronic signatures are given [Passive voice ] equivalent legal status as a handwritten contractor signature. [Move the period to follow the citation] (SnapContract, 2011) Todd, a local caterer, notices an advertisement for a special chocolate sauce that he usesto bake cakes. He attempts to order the product online, but the store advises him that the item issold out. In response, Todd demands that the store honors the advertised price and transfer theremaining inventory to the location nearest to his home. Foodmart Inc. refuses to honor therequest directing him to the terms of the online agreement; Todd threatens to sue the company.
FOODMART, INC. PAPER 9 According to Cheeseman (2010), once a contract is formed [Passive voice ] , the partiesowe a duty to perform a traditional contract or an e-contract. When applying this concept,Foodmart, Inc. will win the suit. The contractual agreement between the two parties initiatedwhen Todd logged into the company’s website and e-signed the acknowledgments of the onlineagreement. Once he signed the agreement, he entered into [Redundancy: remove "into"--howelse does one enter? ] a binding contract. One aspect of the online agreement is that sale itemsare restricted [Passive voice ] to in-store purchases; therefore, any product purchase madethrough e-commerce is not subject to sale [Misspelling: "sale" is a noun, the exchange ofsomething for money; "sell" is a verb, the act of making a sale] or other promotionaldiscounts. Because Todd is an online buyer, he agreed to terms and conditions when enteringinto [Redundancy: remove "into"--how else does one enter? ] Foodmart’s [Apostrophe:remove if the word is not possessive] online system. In addition, another contractual issue isthe restriction of inventory items to the nearest store from which an online customer purchasestheir [Check pronoun agreement--if "their" refers to "customer" (or a singular subject), itshould be singular, too (his or her)] product. Although the company was untrue about theamount of chocolate sauce in its inventory, the contract holds true that Todd agreed to their termsat the time he accessed the website. The results are that Todd has the option to purchase the chocolate sauce at his neareststore or even travel to another store for that matter; nonetheless, the store cannot deliver theproduct to him and honor the advertised ales price. If the company were to honor Todd’srequest, they would breach the contract and as a result go against their own terms. The solutionto the matter is that Todd can purchase the chocolate sauce from a retail storefront in order to
FOODMART, INC. PAPER 10[Writing suggestion--the meaning will be the same (and less wordy) by removing "inorder"] receive the advertised price or purchase the item from other resources.Conclusion Contracts do not have to be in writing to be legal. However, certain criteria must be metin order for the contract to be valid and enforceable; all parties must have the capacity tocontract; all parties must have a mutual understanding [Redundancy: understanding is bydefinition mutual] of the contract; all parties must accept the contract. Each contract will havean offer, acceptance, and consideration; failure to provide any of these three elements means thatthere is no actual [Cliché: "actual" and "actually" are weak words whose meaning isnothing more than "in point of fact." They are often used as intensifiers but usually can bedeleted with no change in meaning ] contract. Circumstances surrounding the events of thecontract will determine if it is enforceable, void, or voidable. Each contract is different, andrulings should be made [Passive voice ] on a case-by-case basis.
FOODMART, INC. PAPER 11 ReferencesAmerican Jurisprudence 2d. (1997). St. Paul, MN: Thompson Reuters.Cheeseman, H. R. (2010). The legal Environment of Business and outline Commerce: BusinessEthics, E-Commerce, Regulatory, and International Issues, Sixth Edition. Prentice Hall.Snapcontract. (n.d.). Retrieved April 14, 2011, from Snapcontract: http://www.snapcontract.com/home_pageThe Restatement of contracts 2d. (1981). Philadelphia, PA: American Law Institute Publishers.