The document provides summaries of three scenarios involving contracts:
1) Foodmart contracted with Masterpiece for renovations. The summary examines whether Foodmart can force Masterpiece to do the work themselves or allow subcontracting.
2) Jeremy Atwater, a 17-year-old, purchased a car from Smooth Sales but lost his job and could not make payments. The summary discusses options for resolving the cancelled contract.
3) Brian McDonald told Harry he would sell his train collection when he retired in two years. The summary notes Harry is now suing McDonald, alleging a breach of contract.
F&b bqt 14_002 how to set a table for a western set mealBalader King
This standard operating procedure outlines the steps for setting a table for a western-style meal, including:
1. Selecting trays and mise en place equipment like plates, cutlery, and glassware and arranging them neatly.
2. Choosing and laying the table linen.
3. Carrying the tray of equipment to the dining room and placing it on a tray stand next to the table to be set.
4. Arranging the equipment on the table in a specific sequence, including plates, utensils, salt and pepper, napkins, and decorations.
5. Adding chairs and adjusting the napkin placement once the table is fully set.
This document outlines the operations manual for Binod's Kitchen. It details hand washing procedures and why they are important to prevent cross-contamination. It provides the opening and closing procedures for the kitchen as well as planning for daily operations. The document also describes uniforms, benefits for staff, and important hygiene practices regarding cuts, gloves, cleaning cloths and boards, washing, hair and more. Maintaining high standards of hygiene is critical for the kitchen operations.
El documento propone crear una plataforma turística de compra en línea para el estado de Guanajuato en México que integre todos los servicios y oferta cultural de forma dinámica y actualizada para facilitar el proceso de decisión de compra de los turistas. La plataforma mejoraría el sitio web existente vamosaguanajuato.com para ofrecer un sistema de promoción y compra en línea confiable y eficiente de toda la oferta relacionada con el turismo cultural de la región.
This brief provides opportunities for self-development, learning new skills, multi-skilling, and contributing to a brief. Specifically, working with a partner allows developing negotiation and collaboration skills. New skills like photographing food and using Adobe InDesign can be learned. Producing recipe cards requires combining photography, layout, and design skills. Ideas for the layout and printing of the cards can be contributed during discussions with the client.
This brief provides opportunities for self-development, learning new skills, multi-skilling, and contributing to a brief. Specifically, working with a partner allows developing negotiation and collaboration skills. New skills like photographing food and using Adobe InDesign can be learned. Producing recipe cards requires combining photography, layout, and design skills. Ideas for the layout and printing of the cards can be contributed during discussions with the client.
The document discusses key aspects of contract and negligence law as they relate to business. It begins with an executive summary distinguishing contract and tort law. It then provides a table of contents outlining the report's structure. The main sections discuss elements of contract formation, different ways contracts can be formed, analysis of contractual terms, case studies applying contract and negligence principles, similarities and differences between contractual and tort liability, conditions for negligence, and vicarious liability. The document aims to provide a practical understanding of how contract and tort law solve business problems.
F&b bqt 14_002 how to set a table for a western set mealBalader King
This standard operating procedure outlines the steps for setting a table for a western-style meal, including:
1. Selecting trays and mise en place equipment like plates, cutlery, and glassware and arranging them neatly.
2. Choosing and laying the table linen.
3. Carrying the tray of equipment to the dining room and placing it on a tray stand next to the table to be set.
4. Arranging the equipment on the table in a specific sequence, including plates, utensils, salt and pepper, napkins, and decorations.
5. Adding chairs and adjusting the napkin placement once the table is fully set.
This document outlines the operations manual for Binod's Kitchen. It details hand washing procedures and why they are important to prevent cross-contamination. It provides the opening and closing procedures for the kitchen as well as planning for daily operations. The document also describes uniforms, benefits for staff, and important hygiene practices regarding cuts, gloves, cleaning cloths and boards, washing, hair and more. Maintaining high standards of hygiene is critical for the kitchen operations.
El documento propone crear una plataforma turística de compra en línea para el estado de Guanajuato en México que integre todos los servicios y oferta cultural de forma dinámica y actualizada para facilitar el proceso de decisión de compra de los turistas. La plataforma mejoraría el sitio web existente vamosaguanajuato.com para ofrecer un sistema de promoción y compra en línea confiable y eficiente de toda la oferta relacionada con el turismo cultural de la región.
This brief provides opportunities for self-development, learning new skills, multi-skilling, and contributing to a brief. Specifically, working with a partner allows developing negotiation and collaboration skills. New skills like photographing food and using Adobe InDesign can be learned. Producing recipe cards requires combining photography, layout, and design skills. Ideas for the layout and printing of the cards can be contributed during discussions with the client.
This brief provides opportunities for self-development, learning new skills, multi-skilling, and contributing to a brief. Specifically, working with a partner allows developing negotiation and collaboration skills. New skills like photographing food and using Adobe InDesign can be learned. Producing recipe cards requires combining photography, layout, and design skills. Ideas for the layout and printing of the cards can be contributed during discussions with the client.
The document discusses key aspects of contract and negligence law as they relate to business. It begins with an executive summary distinguishing contract and tort law. It then provides a table of contents outlining the report's structure. The main sections discuss elements of contract formation, different ways contracts can be formed, analysis of contractual terms, case studies applying contract and negligence principles, similarities and differences between contractual and tort liability, conditions for negligence, and vicarious liability. The document aims to provide a practical understanding of how contract and tort law solve business problems.
Aspects of contract and negligence for businessNovoraj Roy
Law identified with business can be finished up as all the law which applies to the rights,
relations and behavior of people and organizations occupied with trade, marketing, exchange,
and deals. This report calls attention to the Essential Elements required for the Formation of a
contract, the distinctive sorts of agreements and their effects.
This document discusses different types of client briefs that a media company may receive, including contractual, formal, informal, cooperative, negotiated, commission, tender, and competition briefs. Each brief type is defined, and the advantages and disadvantages are outlined. Key points covered include the importance of thoroughly reading and discussing the brief with the client prior to production in order to understand expectations and negotiate any issues. The briefs provide opportunities for self-development and learning new skills through multi-skilling and contributing to projects.
The document discusses different types of briefs that can be used for media projects, including contractual, formal, informal, cooperative, negotiated, commission, tender, competition, and informal briefs. It defines each type of brief and outlines their advantages and disadvantages. The document also provides examples of different types of briefs that could be used for a recipe card project and discusses why it's important to thoroughly read and discuss the brief with the client before production.
The document discusses different types of briefs that can be used for media projects, including contractual, formal, informal, cooperative, negotiated, commission, tender, competition, and informal briefs. Each brief type is defined and the advantages and disadvantages are outlined. The document also provides examples of how different brief types could be used for a recipe card project.
Getting Down To The Details: Contract Basics for Non-LawyersCal Stein
This webinar will address the following topics: (i) the general structure of contracts, including how that changes among several common types of contracts; (ii) when contracts are needed and when they are not, and the advantages and disadvantages of having a contract; (iii) things you should look for in a contract, again, including how that changes among several types of common contracts; (iv) things that should set off alarm bells for you any time you see them in a contract you are considering entering into; and, (v) things that may invalidate a contract.
Contact the author at: cstein@dbslawfirm.com
1Legal Issues for Managers 2007GIRLecture 9(Week 10)M.docxfelicidaddinwoodie
1
Legal Issues for Managers: 2007GIR
Lecture 9
(Week 10)
Module 3 (Part 2):
The Law of Business Associations
Law of Agency &
Law of Partnership
1
Administration
Ensure that you check the announcements on [email protected] ([email protected]) and your marks in My Marks.
You should now have your Mid-Semester Exam marks available in My Marks. If you want genuine feedback (not simply checking your grade as they have been scanned), you can see your exam papers this week during the times provided on [email protected] course site. A time will also be made available for the Deferred Mid-Semester Exams when we have received them back from scanning.
A notice about the time, date & place of the Deferred Mid-Semester Exam is now available on the course website.
IF you want to do well on the FINAL EXAM, in addition to making a genuine effort on the ASSIGNMENT continue practising your ILACs before you attend your seminars, add a few notes to your answers, download the seminar slides and try to attempt the answer again on your own. If you did not have a satisfactory answer, see your tutor in consultation and bring along your ILAC homework attempts. This is the most effective way to prepare for the Final Exam.
2
2
Recap of Last Week
The Law of Companies/Corporations
Summary
The essential characteristics of a ‘company’ and why they are important.
The different types of business structures available, in particular companies, and when can they be used to meet the needs of business & society.
The main duties imposed upon the directors of a company.
The concepts of insolvency and insider trading.
The way companies can be wound-up.
Quick Question:
The Corporations Act 2001 (Cth) prohibits trading in shares with the advantage of information that is not publicly available. This offence is also known as …………………………… and is prohibited by section ..........
3
3
Business Structures
BUSINESS
STRUCTURES
Sole
Trader
Partnership
Joint
Venture
Incorporated
Associations
Trust
Company
Proprietary
Company
Public
Company
Large
Small
4
Seek the advice of a good accountant & lawyer when considering what form of business structure you may want to set-up. The main consideration should be liability – Not taxation. Thus, this message applies to today’s lecture and next weeks! Strategic planning is the key to business success.
44% of businesses fail in the first 3 years
Failing to plan, is planning to fail!
See separate mind-map on the types of companies in those lecture slides when available
http://www.business.gov.au/business- ...
The document discusses different types of client briefs that a media company may receive, including contractual, formal, informal, cooperative, negotiated, commission, tender, and competition briefs. It is important to thoroughly read the brief to understand what is required and avoid legal issues from failing to fulfill the contract. Negotiating the brief with the client is also important to discuss expectations and make any necessary amendments prior to production. A brief can provide opportunities for self-development and learning new skills through taking on and completing the project.
This document discusses different types of briefs that can be used when working with clients on media projects. It defines contractual, formal, informal, co-operative, negotiated, commission, tender, and competition briefs. For each brief type it provides an example definition, as well as advantages and disadvantages. The document also includes sections on reading the brief, negotiating the brief, potential issues to consider, and opportunities a brief may provide.
This document discusses different types of briefs that can be used when working with clients on media projects. It defines contractual, formal, informal, co-operative, negotiated, commission, tender, and competition briefs. For each brief type it provides an example definition, as well as advantages and disadvantages. The document also includes sections on reading the brief, negotiating the brief, potential issues to consider, and opportunities a brief can provide.
The document discusses the top mistakes made in contracts. Some of the key mistakes highlighted include failing to adequately investigate future business partners, not conducting proper due diligence, and not having a lawyer review contracts. It emphasizes that all terms of a contract should be negotiated carefully and nothing should be assumed, as assumptions can be harmful. All details, even small ones, should be explicitly defined in the contract to avoid disputes down the road.
This document discusses different types of client briefs that can be used for media projects, including contractual, formal, informal, cooperative, negotiated, commission, tender, and competition briefs. It provides definitions and advantages and disadvantages of each brief type. Key points covered include the importance of thoroughly reading the brief to understand requirements and constraints, discussing the brief with the client to ensure shared understanding before production begins, and potential legal/ethical issues or need for amendments. Opportunities discussed include developing new skills and multi-skilling by working on the project.
This brief provides opportunities for self-development, learning new skills, multi-skilling, and contributing ideas to the brief. Specifically, working with a partner allows developing negotiating skills. Learning photography and software skills will occur if taking and editing own photos. Multi-skills like layout, design, and photography are required. Ideas for the layout and printing method can be contributed during negotiations.
This brief provides opportunities for self-development, learning new skills, multi-skilling, and contributing ideas to the brief. Specifically, working with a partner allows developing negotiating skills. Learning photography and software skills will occur if taking and editing own photos. Multi-skills like layout, design, and photography are required. Ideas for the layout and printing method can be contributed during negotiations.
Here are some specific opportunities this brief could allow you to explore:
- Gaining experience working collaboratively with a partner to plan, design and produce a product from start to finish.
- Learning new software skills like using InDesign or another program to layout the recipe cards professionally.
- Developing photography and food styling skills by taking photos of prepared recipes to feature on the cards.
- Researching vegetarian and vegan recipes, ingredients, and nutrition to ensure the recipes are accurate for the client and audience.
- Practicing project management and time management skills to complete the brief efficiently while juggling multiple tasks.
- Networking with the Vegetarian Society client to understand their needs and build experience
This document provides an overview of key provisions that should be considered when negotiating vendor contracts and consulting agreements. It discusses 20 essential elements that should be addressed in vendor contracts, including the scope of services, standards of performance, compensation, intellectual property ownership, confidentiality, insurance, indemnification, and dispute resolution. It also outlines 7 considerations for consulting agreements, such as defining the services, specifying an independent contractor relationship, and ensuring confidentiality. The document emphasizes having legal counsel review agreements to avoid potential issues in the future.
Working to a brief (task 2 recipe cards)AlanSmith96
Here are some potential legal/ethical/regulatory issues to consider with the Vegetarian Society brief's proposed product:
- Copyright/Intellectual Property - The recipes and design of the cards need to be original creations. Copying recipes or designs from other sources could violate copyright.
- Ingredients/Allergens - The recipes must be fully vegetarian as specified. Using animal products could mislead consumers and raise health/safety issues for those with allergies.
- Nutritional Claims - Any nutritional claims or health benefits mentioned need to be truthful and backed by facts to avoid legal issues around false advertising.
- Fair Trade/Sustainability - Using sustainably and ethically sourced ingredients
The document discusses different types of client briefs, including contractual, formal, informal, co-operative, negotiated, commission, tender, competition, and MY brief. It defines each type and outlines their advantages and disadvantages. Key points include that a contractual brief is a legally binding signed agreement, a formal brief only outlines what the client wants without specifics, and an informal brief is a verbal agreement without a written document. The document also discusses reading and negotiating the brief, potential legal issues, and opportunities working with a brief could provide, such as self-development and learning new skills.
This document provides information about getting fully solved assignments for various subjects and semesters in MBA. It lists the subject codes and names for assignments available in fall 2013 for semesters 1 and 3 of programs like MBADS, MBAN2, etc. It also provides a contact email and phone number to send requests to. A sample assignment is included covering topics like discharge of a contract, power of attorney, registration of partnership firms, breach of conditions treated as breach of warranty, and filing a complaint under the consumer protection act.
This document discusses different types of client briefs, including contractual, formal, informal, co-operative, negotiated, commission, tender, competition, and MY brief. It provides definitions and advantages and disadvantages of each brief type. The document also discusses the importance of thoroughly reading the brief, the nature and demands of the client brief, negotiating with the client prior to production, potential legal issues, and opportunities the brief allows for self-development, learning new skills, multi-skilling, and contributing to a project.
More Related Content
Similar to Week 4 foodmart inc paper team a writepoint
Aspects of contract and negligence for businessNovoraj Roy
Law identified with business can be finished up as all the law which applies to the rights,
relations and behavior of people and organizations occupied with trade, marketing, exchange,
and deals. This report calls attention to the Essential Elements required for the Formation of a
contract, the distinctive sorts of agreements and their effects.
This document discusses different types of client briefs that a media company may receive, including contractual, formal, informal, cooperative, negotiated, commission, tender, and competition briefs. Each brief type is defined, and the advantages and disadvantages are outlined. Key points covered include the importance of thoroughly reading and discussing the brief with the client prior to production in order to understand expectations and negotiate any issues. The briefs provide opportunities for self-development and learning new skills through multi-skilling and contributing to projects.
The document discusses different types of briefs that can be used for media projects, including contractual, formal, informal, cooperative, negotiated, commission, tender, competition, and informal briefs. It defines each type of brief and outlines their advantages and disadvantages. The document also provides examples of different types of briefs that could be used for a recipe card project and discusses why it's important to thoroughly read and discuss the brief with the client before production.
The document discusses different types of briefs that can be used for media projects, including contractual, formal, informal, cooperative, negotiated, commission, tender, competition, and informal briefs. Each brief type is defined and the advantages and disadvantages are outlined. The document also provides examples of how different brief types could be used for a recipe card project.
Getting Down To The Details: Contract Basics for Non-LawyersCal Stein
This webinar will address the following topics: (i) the general structure of contracts, including how that changes among several common types of contracts; (ii) when contracts are needed and when they are not, and the advantages and disadvantages of having a contract; (iii) things you should look for in a contract, again, including how that changes among several types of common contracts; (iv) things that should set off alarm bells for you any time you see them in a contract you are considering entering into; and, (v) things that may invalidate a contract.
Contact the author at: cstein@dbslawfirm.com
1Legal Issues for Managers 2007GIRLecture 9(Week 10)M.docxfelicidaddinwoodie
1
Legal Issues for Managers: 2007GIR
Lecture 9
(Week 10)
Module 3 (Part 2):
The Law of Business Associations
Law of Agency &
Law of Partnership
1
Administration
Ensure that you check the announcements on [email protected] ([email protected]) and your marks in My Marks.
You should now have your Mid-Semester Exam marks available in My Marks. If you want genuine feedback (not simply checking your grade as they have been scanned), you can see your exam papers this week during the times provided on [email protected] course site. A time will also be made available for the Deferred Mid-Semester Exams when we have received them back from scanning.
A notice about the time, date & place of the Deferred Mid-Semester Exam is now available on the course website.
IF you want to do well on the FINAL EXAM, in addition to making a genuine effort on the ASSIGNMENT continue practising your ILACs before you attend your seminars, add a few notes to your answers, download the seminar slides and try to attempt the answer again on your own. If you did not have a satisfactory answer, see your tutor in consultation and bring along your ILAC homework attempts. This is the most effective way to prepare for the Final Exam.
2
2
Recap of Last Week
The Law of Companies/Corporations
Summary
The essential characteristics of a ‘company’ and why they are important.
The different types of business structures available, in particular companies, and when can they be used to meet the needs of business & society.
The main duties imposed upon the directors of a company.
The concepts of insolvency and insider trading.
The way companies can be wound-up.
Quick Question:
The Corporations Act 2001 (Cth) prohibits trading in shares with the advantage of information that is not publicly available. This offence is also known as …………………………… and is prohibited by section ..........
3
3
Business Structures
BUSINESS
STRUCTURES
Sole
Trader
Partnership
Joint
Venture
Incorporated
Associations
Trust
Company
Proprietary
Company
Public
Company
Large
Small
4
Seek the advice of a good accountant & lawyer when considering what form of business structure you may want to set-up. The main consideration should be liability – Not taxation. Thus, this message applies to today’s lecture and next weeks! Strategic planning is the key to business success.
44% of businesses fail in the first 3 years
Failing to plan, is planning to fail!
See separate mind-map on the types of companies in those lecture slides when available
http://www.business.gov.au/business- ...
The document discusses different types of client briefs that a media company may receive, including contractual, formal, informal, cooperative, negotiated, commission, tender, and competition briefs. It is important to thoroughly read the brief to understand what is required and avoid legal issues from failing to fulfill the contract. Negotiating the brief with the client is also important to discuss expectations and make any necessary amendments prior to production. A brief can provide opportunities for self-development and learning new skills through taking on and completing the project.
This document discusses different types of briefs that can be used when working with clients on media projects. It defines contractual, formal, informal, co-operative, negotiated, commission, tender, and competition briefs. For each brief type it provides an example definition, as well as advantages and disadvantages. The document also includes sections on reading the brief, negotiating the brief, potential issues to consider, and opportunities a brief may provide.
This document discusses different types of briefs that can be used when working with clients on media projects. It defines contractual, formal, informal, co-operative, negotiated, commission, tender, and competition briefs. For each brief type it provides an example definition, as well as advantages and disadvantages. The document also includes sections on reading the brief, negotiating the brief, potential issues to consider, and opportunities a brief can provide.
The document discusses the top mistakes made in contracts. Some of the key mistakes highlighted include failing to adequately investigate future business partners, not conducting proper due diligence, and not having a lawyer review contracts. It emphasizes that all terms of a contract should be negotiated carefully and nothing should be assumed, as assumptions can be harmful. All details, even small ones, should be explicitly defined in the contract to avoid disputes down the road.
This document discusses different types of client briefs that can be used for media projects, including contractual, formal, informal, cooperative, negotiated, commission, tender, and competition briefs. It provides definitions and advantages and disadvantages of each brief type. Key points covered include the importance of thoroughly reading the brief to understand requirements and constraints, discussing the brief with the client to ensure shared understanding before production begins, and potential legal/ethical issues or need for amendments. Opportunities discussed include developing new skills and multi-skilling by working on the project.
This brief provides opportunities for self-development, learning new skills, multi-skilling, and contributing ideas to the brief. Specifically, working with a partner allows developing negotiating skills. Learning photography and software skills will occur if taking and editing own photos. Multi-skills like layout, design, and photography are required. Ideas for the layout and printing method can be contributed during negotiations.
This brief provides opportunities for self-development, learning new skills, multi-skilling, and contributing ideas to the brief. Specifically, working with a partner allows developing negotiating skills. Learning photography and software skills will occur if taking and editing own photos. Multi-skills like layout, design, and photography are required. Ideas for the layout and printing method can be contributed during negotiations.
Here are some specific opportunities this brief could allow you to explore:
- Gaining experience working collaboratively with a partner to plan, design and produce a product from start to finish.
- Learning new software skills like using InDesign or another program to layout the recipe cards professionally.
- Developing photography and food styling skills by taking photos of prepared recipes to feature on the cards.
- Researching vegetarian and vegan recipes, ingredients, and nutrition to ensure the recipes are accurate for the client and audience.
- Practicing project management and time management skills to complete the brief efficiently while juggling multiple tasks.
- Networking with the Vegetarian Society client to understand their needs and build experience
This document provides an overview of key provisions that should be considered when negotiating vendor contracts and consulting agreements. It discusses 20 essential elements that should be addressed in vendor contracts, including the scope of services, standards of performance, compensation, intellectual property ownership, confidentiality, insurance, indemnification, and dispute resolution. It also outlines 7 considerations for consulting agreements, such as defining the services, specifying an independent contractor relationship, and ensuring confidentiality. The document emphasizes having legal counsel review agreements to avoid potential issues in the future.
Working to a brief (task 2 recipe cards)AlanSmith96
Here are some potential legal/ethical/regulatory issues to consider with the Vegetarian Society brief's proposed product:
- Copyright/Intellectual Property - The recipes and design of the cards need to be original creations. Copying recipes or designs from other sources could violate copyright.
- Ingredients/Allergens - The recipes must be fully vegetarian as specified. Using animal products could mislead consumers and raise health/safety issues for those with allergies.
- Nutritional Claims - Any nutritional claims or health benefits mentioned need to be truthful and backed by facts to avoid legal issues around false advertising.
- Fair Trade/Sustainability - Using sustainably and ethically sourced ingredients
The document discusses different types of client briefs, including contractual, formal, informal, co-operative, negotiated, commission, tender, competition, and MY brief. It defines each type and outlines their advantages and disadvantages. Key points include that a contractual brief is a legally binding signed agreement, a formal brief only outlines what the client wants without specifics, and an informal brief is a verbal agreement without a written document. The document also discusses reading and negotiating the brief, potential legal issues, and opportunities working with a brief could provide, such as self-development and learning new skills.
This document provides information about getting fully solved assignments for various subjects and semesters in MBA. It lists the subject codes and names for assignments available in fall 2013 for semesters 1 and 3 of programs like MBADS, MBAN2, etc. It also provides a contact email and phone number to send requests to. A sample assignment is included covering topics like discharge of a contract, power of attorney, registration of partnership firms, breach of conditions treated as breach of warranty, and filing a complaint under the consumer protection act.
This document discusses different types of client briefs, including contractual, formal, informal, co-operative, negotiated, commission, tender, competition, and MY brief. It provides definitions and advantages and disadvantages of each brief type. The document also discusses the importance of thoroughly reading the brief, the nature and demands of the client brief, negotiating with the client prior to production, potential legal issues, and opportunities the brief allows for self-development, learning new skills, multi-skilling, and contributing to a project.
Similar to Week 4 foodmart inc paper team a writepoint (20)
1. Running head: FOODMART, INC. PAPER 1
Welcome to WritePoint, the automated review system that recognizes errors most
commonly made by university students in academic essays. The system embeds comments
into your paper and suggests possible changes in grammar and style. Please evaluate each
comment carefully to ensure that the suggested change is appropriate for your paper, but
remember that your instructor's preferences for style and format prevail. You will also
need 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, at
present, 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.
2. 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
3. FOODMART, INC. PAPER 3
Foodmart, Inc. Paper
The idiomatic expression, “It takes two to tango” is commonly used [The passive voice
is a form of "be" (is) and a participle (used). Over-use of the passive voice can make
paragraphs officious and tedious to read. Try to use the active voice most often; for
example, passive voice = The paper was completed on time. Active voice = the student
completed the paper on time--See Center for Writing Excellence > Tutorials & Guides >
Grammar & Writing Guides > Active & passive voice] to describe an interaction between at
least two people. Similarly, a contract is the conception [Check spelling: this word means "the
process of conceiving an idea, etc."; consider using "concept"] of at least two people
entering into [Redundancy: remove "into"--how else does one enter? ] an agreement. A
contract is a promise or a set of promises for the breach of which the law gives a remedy or the
performance of which the law in some way recognizes a duty.” [Move the period to follow the
citation] (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 of
the 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 party
to 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 for
any collegiate writer)--Avoid anthropomorphisms (attributing human characteristics to
nonhuman or inanimate objects). Consider that no paper can "examine." Try something
like "In this paper the subject to examine is. . ."] contracts, contract law, and how [These
words appear to lead to a dependent clause--if so, remove the comma (unless, of course, this
4. FOODMART, INC. PAPER 4
is the last element in a series)] [Unless this is the last of a series, remove the comma--the
following is not an independent clause] it affects the outcome of blended scenarios
concerning Foodmart, Inc. (a retail grocery store chain), and the company’s employees, Jeremy
Atwater and Brian McDonald.
Scenario One
Foodmart (the offeror) made an offer to Masterpiece (the offeree) to perform a
renovation. Masterpiece accepted the offer when it made consideration by starting work on the
renovation. The contract is between Foodmart and Masterpiece, and the Terms of the contract
and scope of work are important in identifying whether Foodmart can force Masterpiece to
perform the work themselves, or whether Masterpiece is able to [Wordiness--these three words
mean 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 [Vague
wording--unless the intended meaning is "in the forest," "in nature" communicates very
little and can be deleted with no change in meaning] , and could [Punctuation: remove the
comma if the following is not an independent clause (could not be a sentence by itself) OR
is not the last element in a series of more than two] not be replicated [Passive voice ] by a
subcontractor, then [Writing suggestion: this sentence may be simpler without "then"]
Foodmart’s [Apostrophe: remove if the word is not possessive] injunction should be
approved. In this case, Masterpiece would be forced [Passive voice ] to perform the work based
on specific performance, and fix any damages caused by sub-contracting the work out to Fall
Construction.
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
5. 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 is
performing, but their only course of action would be to make sure Masterpiece is providing the
scope 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 court
will 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, and
consideration paid for the contract. If Foodmart paid for the renovation up front the contract
would be considered [Passive voice ] unilateral, as they have forgone money where
Masterpiece has not yet lost anything. If Foodmart were not paying Masterpiece until the
end 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 for
a promise to provide services. Regardless of whether this was a verbal or written contract, it
would 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 no
specific 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 to
purchase a vehicle. The sale included a down payment and $200 monthly payments.
Unfortunately, Jeremy was unable to [Writing suggestion--Simplify the sentence by
shortening "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
6. FOODMART, INC. PAPER 6
placing the adverb (monthly) before or after the infinitive (to payments )--try "monthly to
payments " or "to payments monthly" (or place "monthly" later in the sentence)] because
he lost his job. As a result, Jeremy returned to Smooth Sales Used cars and requested to cancel
the 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 unless
purchasing the vehicle is a necessity. In this case, the vehicle is not a necessity and Smooth
Sales 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 several
options to consider. One specific option is returning the funds and the company accept the
situation is a financial loss. The second option is to charge Jeremy a rental fee for the six months
of usage [Check spelling: "Usage" refers primarily to legal procedures or grammar; most
writing situations call for "use"] and refund the remaining balance Jeremy paid. The third
option is the company refuse Jeremy’s offer and make Jeremy and his parents accountable for
the terms of the contract.
Jeremy Atwater did not lie about his age, the salesperson neglected to confirm Jeremy’s
age; therefore, Smooth Sales Used Cars will assume the loss of the contract if Jeremy insists on
returning the vehicle.
Scenario Three
The third case, McDonald versus Harry, Harry is suing McDonald for what he sees as a
breach of contract or promissory estoppel. McDonald, who works for Foodmart, collects rare
trains in his spare time as a hobby, informed Harry he will sell him his trains in two years when
7. FOODMART, INC. PAPER 7
he retires because he knows Harry will take care of the trains. Upon receiving this verbal
information from McDonald, Harry on his own recognance, decided to add a 2,000 square foot
addition to his home to accommodate the intended trains he was to receive by borrowing the
money from his family. When McDonald retired two years later, McDonald decided to sell the
rare 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 McDonald
verbally agreeing to sell his rare trains to Harry. Without anything written it would be difficult
for 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 or
she) and perhaps require adjusting the following verb] will do something during a certain
timeframe 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 the
agreement (AMJUR Contracts §10, 2010). Even when Harry advised McDonald of the addition
to his home for the trains, McDonald still did not acknowledge that he was still selling his trains
to him, he merely smiled.
Again, Harry is suing for promissory estoppels. Harry will try to prove that McDonald
promised to sell his trains to him after two years. Unfortunately, no evidence exists that
McDonald promised Harry anything. Promissory estoppel also requires that the promise
reasonably induce the promise to the action (Restatement (Second) of Contracts §90, 1981). No
reasonable explanations show that acquiring rare trains means one has to acquire debt and make
8. FOODMART, INC. PAPER 8
renovations to property to satisfy the train’s accommodation. Harry acquired this debt on his
own. 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. Customers
who [Check punctuation: If the following phrase is nonrestrictive (the sentence would still
make sense without it) insert comma before "who"] reside within a 10-mile radius to the
store can receive delivery of items purchased online. To use the online service, Foodmart
requires customers to agree to terms and conditions of a contract. An e-contract is equivalent to
signing a traditional contract. The Electronic Signatures in Global and National [Do not
capitalize without the complete name of the institution (unless in a citation or as the first
word in a sentence)] Commerce act, also known as ESIGN was signed [Passive voice ] by
former President Bill Clinton and enacted on June 30, 2000. The act states that e-contracts and
electronic signatures are given [Passive voice ] equivalent legal status as a handwritten contract
or signature. [Move the period to follow the citation] (SnapContract, 2011)
Todd, a local caterer, notices an advertisement for a special chocolate sauce that he uses
to bake cakes. He attempts to order the product online, but the store advises him that the item is
sold out. In response, Todd demands that the store honors the advertised price and transfer the
remaining inventory to the location nearest to his home. Foodmart Inc. refuses to honor the
request directing him to the terms of the online agreement; Todd threatens to sue the company.
9. FOODMART, INC. PAPER 9
According to Cheeseman (2010), once a contract is formed [Passive voice ] , the parties
owe 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 initiated
when Todd logged into the company’s website and e-signed the acknowledgments of the online
agreement. Once he signed the agreement, he entered into [Redundancy: remove "into"--how
else does one enter? ] a binding contract. One aspect of the online agreement is that sale items
are restricted [Passive voice ] to in-store purchases; therefore, any product purchase made
through e-commerce is not subject to sale [Misspelling: "sale" is a noun, the exchange of
something for money; "sell" is a verb, the act of making a sale] or other promotional
discounts. Because Todd is an online buyer, he agreed to terms and conditions when entering
into [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 is
the restriction of inventory items to the nearest store from which an online customer purchases
their [Check pronoun agreement--if "their" refers to "customer" (or a singular subject), it
should be singular, too (his or her)] product. Although the company was untrue about the
amount of chocolate sauce in its inventory, the contract holds true that Todd agreed to their terms
at the time he accessed the website.
The results are that Todd has the option to purchase the chocolate sauce at his nearest
store or even travel to another store for that matter; nonetheless, the store cannot deliver the
product to him and honor the advertised ales price. If the company were to honor Todd’s
request, they would breach the contract and as a result go against their own terms. The solution
to the matter is that Todd can purchase the chocolate sauce from a retail storefront in order to
10. FOODMART, INC. PAPER 10
[Writing suggestion--the meaning will be the same (and less wordy) by removing "in
order"] 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 met
in order for the contract to be valid and enforceable; all parties must have the capacity to
contract; all parties must have a mutual understanding [Redundancy: understanding is by
definition mutual] of the contract; all parties must accept the contract. Each contract will have
an offer, acceptance, and consideration; failure to provide any of these three elements means that
there is no actual [Cliché: "actual" and "actually" are weak words whose meaning is
nothing more than "in point of fact." They are often used as intensifiers but usually can be
deleted with no change in meaning ] contract. Circumstances surrounding the events of the
contract will determine if it is enforceable, void, or voidable. Each contract is different, and
rulings should be made [Passive voice ] on a case-by-case basis.
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References
American Jurisprudence 2d. (1997). St. Paul, MN: Thompson Reuters.
Cheeseman, H. R. (2010). The legal Environment of Business and outline Commerce: Business
Ethics, E-Commerce, Regulatory, and International Issues, Sixth Edition. Prentice
Hall.Snapcontract. (n.d.). Retrieved April 14, 2011, from Snapcontract:
http://www.snapcontract.com/home_page
The Restatement of contracts 2d. (1981). Philadelphia, PA: American
Law Institute Publishers.