Contract Analysis

Contract Analysis







Contracts Analysis Case Study
Evita Pruna
Legal Issues in Business
Professor Martin
November 10, 2015

















Contracts Analysis Case Study
In order to continue doing business with Marshall I would first, consult my lawyer to discuss the legalities of the contract and to get a consultation on the matter. Second I will go to Marshall’s store and request to sit down with him to discuss the contract he made my son sign. The question I would bring up with him in the meeting include:
Why would you ask my son who is a minor to sing a contract when your business dealings are with me and have always been with me?
Why didn’t you ask my son to bring the contract to me or to give me a call and inform me that you sent some paperwork over with my son to review and sign?
Possible Causes of Action
After these questions are asked, I will then determine the next step. If we continue doing business then we will have a lawyer draft a business contract. Considering Marshall’ underhanded way of doing I would more than likely discontinue doing business with him. Marshall might consider the following causes of action against my company: (1) Sue for the cost of doing business. Even though we do not have a contract, Marshall can claim that he invested heavily his own money into marketing and selling my product. (2) Marshall can also claim that if we stop supply him with our product which has been a success with his regular customers that he will lose profits. (3) Marshall can also claim that this is a breach of contract since he had my son sign the contract without my knowledge. (4) An employee’s capacity to bind a company by contract. Marshall’s main argument would be the contract which he would say he did in good faith. Although the implied covenant of good faith and fair dealing is widely accepted as a principle of law, courts still grapple with how to apply it. The majority rule is that the covenant of good faith and fair dealing...

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