Foodmart, Inc. is a retail grocery store chain based in Any State, U.S.A. Foodmart has stores throughout the United States. Brian McDonald works as a produce manager for the store in My Town, U.S.A. Jeremy Atwater, 17 years old, is spending the summer working for Brian in the produce department.
The following will look at four different scenarios.
1. Scenario one discusses Foodmart and their dealings with contactors and subcontractors.
2. Scenario two pertains to a person not of legal majority and the purchase of his first vehicle.
3. Scenario three shows how a broken promise affects a train enthusiast’s expected purchase.
4. Scenario four goes back to Foodmart and issues surrounding the new online ordering system and advertising.
The Foodmart case begins in question since it is unclear whether the contract is written or oral. Without a written contract, Foodmart would have difficulty in winning the case. No proof of offer, acceptance or, consideration exists. UCC Statute of Fraud requires a written contract and this would remove liability from Masterpiece.
The assumption is the contact if under a more formal and written agreement and while it may not have been drafted by an attorney, any written document is considered binding.
Legal issues would stem from the following:
Promises of performance- Masterpiece had a six-month time frame in which to complete the work. Masterpiece cannot use a defense of discharge of impossibility or objective impossibility because it took on other contracts while neglecting their responsibility to Foodmart and subcontracting to an inferior builder. Had the work been completely impossible, they should have sought to rework the contract to suit both parties. Masterpiece exhibits a material breach of inferior performance. Foodmart expected work with a certain degree of quality that was not delivered. This poor craftsmanship falls squarely back on the...