Foodmart

In: Business and Management

Submitted By dreahamp
Words 1271
Pages 6
When two parties have an agreement with each other and both agree to accept the terms, those parties form a contract. Many different types of contracts exist including written, oral, or implied. These contracts will allow both parties to see exactly what they are agreeing to and to help make any changes that may be necessary. A contract can be made void if that contract is made under duress, if any misrepresentation or fraud exists, or if there are mistakes made in the contract. Learning Team A will review several scenarios that involve contracts to determine the outcome of each as well as the legal ramifications.
Scenario One
Foodmart contracted with Masterpiece Construction to renovate their store on Main Street in My Town. Masterpiece could not complete the job in a timely manner and decided to subcontract the work to Build Them to Fall Construction. Foodmart was not made aware of the subcontract until they realized the quality of the work was not what they expected. Foodmart petitioned the court, and sued Masterpiece for breach of contract and specific performance (UOP, 2010). Based on UCC code, unless there is specific mention is a contract a third party can have the contract delegated to them. Masterpiece did nothing wrong in this scenario by transferring the work to Build Construction. Masterpiece’s defense will be that they have the right to delegate the duties of the contract. However, the delegation of the work does not transfer the responsibility; Masterpiece will still be liable for the quality of the work completed by Build Construction. If Foodmart was unhappy with the work that Build Construction did, Masterpiece would be held liable. Based on the entrustment rule of the UCC code, Foodmart entrusted Masterpiece to renovate their store in accordance with their agreed upon preferences. Whether or not Masterpiece performs the work, the contract is…...

Similar Documents

Food Mart

...Scenario A Foodmart is renovating one of their stores on Main Street. Foodmart and Masterpiece entered a contract stating that Masterpiece promised to complete the work requested exactly as required within the six month timeframe. Masterpiece construction soon realized that because of a recent increase in business they could not complete the work. Masterpiece hired a subcontractor to complete the Foodmart renovation. Foodmart was unhappy with the poor quality of work and became aware that Masterpiece had subcontracted the work out to Build Them to Fall Construction. Foodmart received an injunction and sued Masterpiece for breach of contract and specific performance. In defense Masterpiece stated they had the right to delegate duties or discharge the contract claiming commercial impracticability. Deciding if Masterpiece breached the contract is difficult to determine because according to the UCC, a party can perform contracted duties through a delegated third party unless otherwise agreed upon (LII/Legal Information Institute, 2005). Not enough information has been provided to determine if the contract specifically stated acceptance or no acceptance of third parties completing duties. Masterpiece either way should have notified Foodmart of their decision to use a third party. Foodmart will win the breach of contract for the poor quality of work performed. Though Masterpiece subcontracted out the work they are still responsible for the quality of the work. Foodmart will......

Words: 299 - Pages: 2

Masterpiece

...* WEEK 4 BUS415 TEAM ASS Learning Team Assignment: Foodmart, Inc. Paper 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 the produce manager for the store in My Town, U.S.A. Jeremy Atwater, 17 years old, is spending his summer vacation working for Brian in the produce department. * Write a 1,050- to 1,750-word paper with detailed answers to the following scenarios: RICARDO * Foodmart contracted with Masterpiece Construction to renovate the store on Main Street in My Town. Masterpiece, unable to complete the renovation within the 6-month time limit due to an increase in new contracts, subcontracted the job to Build Them to Fall Construction. Foodmart was unaware of the subcontract. When Foodmart realized, due to the poor quality of work, that Build was handling the renovation, Foodmart petitioned the court for an injunction and sued Masterpiece for breach of contract and specific performance. Masterpiece argued that it had a right to delegate the duties of the contract, or to discharge the contract due to commercial impracticability. Who wins? Explain your answer. Summarize the legal defenses to contract formation and enforcement. RUBEN * At the end of the summer, Jeremy Atwater earned enough money to put a down payment on a car. He decides to continue working part-time during school to earn money for the car payments. Jeremy purchased a......

Words: 740 - Pages: 3

Foodmart Inc

...Foodmart Inc BUS/415 April 04, 2012 Foodmart Inc An agreement or contracts are critical aspect while working with a company or business matter. A contract is a binding legal agreement between two parties to agree on the same terms or making a deal agreeing to the conditions set forth by both parties. There are several types of contracts that include implied, oral, and written. If there is a misrepresentation, fraud, or made under duress, the contract can be voided or canceled. Scenario One Foodmart is suing Masterpiece Construction Company for a breach of contract because Foodmart was unaware of the subcontracting issues from Masterpiece. The contract was made for Masterpiece Construction Company to finish the renovations by or within six month. Masterpiece Construction Company hired Build Them to Fall Construction to complete the job, but Masterpiece did not due to their homework before hiring this company. The quality of work was poor and the completion date was not done in six months. Food mart petitioned the court for an injunction and sued for a breach of contract for specific performance. The contract had specific performance that needed to be done and a time limit for completion. Masterpiece Construction Company should have notified Foodmart of any changes that occur or will occur. Masterpiece had a contract promising to renovate the store and had contractual duties to inform the other party. Cheeseman said “If a contractual duty has...

Words: 1043 - Pages: 5

Foodmart

...Foodmart Looking at the four different type of contract that they enter in too in their daily lives it can be going into their personal or business. They had to encounter contracts, liability, and consumer protection and e-commerce. When looking at this board spectrum of areas of the law some of consumer use even if he or she do not that are signing a contract. What they are entering is a contract are not. In finding the different types of statutes that can be used to determine which of the different instances that someone can believe that went wrong. In deciding if a contract is existing can be consider as a guidelines to help set a precedent, and ultimately to be decided upon by a judge. These contracts are there for the business and the consumer to help him or her to be fair. Revved up Renovations Masterpiece Construction took on a contract to do some remodeling for Food Mart. After taking the contract they could not complete it in the time limit. Without letting Food Mart know they had subcontracted it out. Food Mart was under the impression that Masterpiece Construction was doing the work because Food Mart like their work. This would show that Masterpiece Construction in breach of contract because they did give permission to go into a subcontract the work. The contract shows that Masterpiece Construction is doing the work and is warranty of work for this job was not valid when they gave the job to build them to fall. When the judge looks at the Food......

Words: 1669 - Pages: 7

Bus 415 All Assignments , Dqs (Business Law) Week 1-5

...are reminded to keep word count in mind when drafting and editing this assignment. And, as always, students will earn points based upon content, sentence/ paragraph organization, mechanics, format (APA), grammar, spelling, punctuation, clarity and style. BUS 415 Week 4 Learning Team Assignment: Foodmart, Inc. Assignment 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 the produce manager for the store in My Town, U.S.A. Jeremy Atwater, 17 years old, is spending his summer vacation working for Brian in the produce department. Create a 20+ slide-PowerPoint addressing the questions for each of the following scenarios: Foodmart contracted with Masterpiece Construction to renovate the store on Main Street in My Town. Masterpiece, unable to complete the renovation within the 6-month time limit due to an increase in new contracts, subcontracted the job to Build Them to Fall Construction. Foodmart was unaware of the subcontract. When Foodmart realized, due to the poor quality of work, that Build was handling the renovation, Foodmart petitioned the court for an injunction and sued Masterpiece for breach of contract and specific performance. Masterpiece argued that it had a right to delegate the duties of the contract, or to discharge the contract due to commercial impracticability. Who wins? Explain your answer. Summarize the legal......

Words: 2804 - Pages: 12

Bus 415 Week 4 Team Assignment Foodmartinc Paper

...From Our Search Bar (http://hwguiders.com/ ) For More Courses and Exams use this form ( http://hwguiders.com/contact-us/ ) Feel Free to Search your Class through Our Product Categories or From Our Search Bar (http://hwguiders.com/ ) BUS 415 Week 4 Team Assignment FoodmartInc Paper Learning Team Assignment: Foodmart, Inc. Paper 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 the produce manager for the store in My Town, U.S.A. Jeremy Atwater, 17 years old, is spending his summer vacation working for Brian in the produce department. Write a 1,050- to 1,750-word paper with detailed answers to the following scenarios:• o Foodmart contracted with Masterpiece Construction to renovate the store on Main Street in My Town. Masterpiece, unable to complete the renovation within the 6-month time limit due to an increase in new contracts, subcontracted the job to Build Them to Fall Construction. Foodmart was unaware of the subcontract. When Foodmart realized, due to the poor quality of work, that Build was handling the renovation, Foodmart petitioned the court for an injunction and sued Masterpiece for breach of contract and specific performance. Masterpiece argued that it had a right to delegate the duties of the contract, or to discharge the contract due to commercial impracticability. Who wins? Explain your answer. Summarize the legal defenses to......

Words: 9241 - Pages: 37

Scenario 1 - Foodmart

...properties, otherwise the situation is minimal. Specific performance is rare because the courts do not like the responsibility of monitoring performance. So under the assumption that there has been a breach of contract, specific performance would not be a likely remedy. Also damages would be awarded to Foodmart to help bring the building renovations up to standard. In this scenario, the contract between Foodmart and Masterpiece was not breached because Masterpiece performed the building renovations that were required under their contractual agreement. However, Masterpiece delegated their duties to another company, Build Them to Fall Construction. Build Them to Fall's performance under the current contract was sub-par. The basic definition of delegation is the transference of duties and obligations of a contract. A contract requires a person to perform some type of duty and delegation and transfer that obligation from one person to another (most likely from an employer or superior to an employee or subordinate) (“Delegation,” 2011). In this case, Masterpiece could not perform the duties under the contract, so they sub-contracted with Build Them to Fall to complete the renovations for Foodmart. However, it is important to note that the delegator (Masterpiece) is still primarily responsible under the contract and has a duty to ensure that the job is completed. Therefore, in this scenario, the delegation of duties under a contract is allowed; although there are exceptions to......

Words: 902 - Pages: 4

Bus 415 All Assignments , Dqs (Business Law) Week 1-5

...are reminded to keep word count in mind when drafting and editing this assignment. And, as always, students will earn points based upon content, sentence/ paragraph organization, mechanics, format (APA), grammar, spelling, punctuation, clarity and style. BUS 415 Week 4 Learning Team Assignment: Foodmart, Inc. Assignment 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 the produce manager for the store in My Town, U.S.A. Jeremy Atwater, 17 years old, is spending his summer vacation working for Brian in the produce department. Create a 20+ slide-PowerPoint addressing the questions for each of the following scenarios: Foodmart contracted with Masterpiece Construction to renovate the store on Main Street in My Town. Masterpiece, unable to complete the renovation within the 6-month time limit due to an increase in new contracts, subcontracted the job to Build Them to Fall Construction. Foodmart was unaware of the subcontract. When Foodmart realized, due to the poor quality of work, that Build was handling the renovation, Foodmart petitioned the court for an injunction and sued Masterpiece for breach of contract and specific performance. Masterpiece argued that it had a right to delegate the duties of the contract, or to discharge the contract due to commercial impracticability. Who wins? Explain your answer. Summarize the legal......

Words: 14016 - Pages: 57

Foodmart

...Foodmart, Inc. is a retail grocery store chain based in Any State, USA. Foodmart contracted with Masterpiece Construction and few of its employees involved in different contracts. Contract is an agreement between two or more entities to do or not to do something with consideration for which the law provides a remedy. Contract is mainly use to enforce an agreement. A contract exist when there is an offer, an acceptance with is a meeting of the mind with the manifestation of the intent to agree, a consideration, a recognition to accept an offer and be able to consider an offer by law, and a subject matter. A contract can be void under certain circumstances, especially a contract conduct with a minor. The contract scenarios to discuss in this paper contain various aspects: processes involving a construction contract, a contract with a minor, contract with a minor, and issues in a contract. Scenario 1: Foodmart, Inc. is a retail grocery store currently undergoing renovation, which has required them to contract with Masterpiece, a construction company, to assist in making this vision possible. The contract specifically outlined a time frame for the work to be done within a six month period. In today’s business world contracts are written to define relations and transactions among entities. “In the eye of the law, a contract arises when there is an offer, acceptance of that offer, and sufficient consideration to make that contract valid” (FindLaw, 2011, p.84). ......

Words: 1710 - Pages: 7

Bus 415 Week 4 Learning Team Foodmart Inc Paper

...BUS 415 Week 4 Learning Team Foodmart Inc Paper To Buy This material Click below link http://www.uoptutors.com/BUS-415/BUS-415-Week-4-Learning-Team-Foodmart-Inc-Paper 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 the produce manager for the store in My Town, U.S.A. Jeremy Atwater, 17 years old, is spending his summer vacation working for Brian in the produce department. Write a 1,050- to 1,750-word paper with detailed answers to the following scenarios: Foodmart contracted with Masterpiece Construction to renovate the store on Main Street in My Town. Masterpiece, unable to complete the renovation within the 6-month time limit due to an increase in new contracts, subcontracted the job to Build Them to Fall Construction. Foodmart was unaware of the subcontract. When Foodmart realized, due to the poor quality of work, that Build was handling the renovation, Foodmart petitioned the court for an injunction and sued Masterpiece for breach of contract and specific performance. Masterpiece argued that it had a right to delegate the duties of the contract, or to discharge the contract due to commercial impracticability. Who wins? Explain your answer. Summarize the legal defenses to contract formation and enforcement. o    At the end of the summer, Jeremy Atwater earned enough money to put a down payment on a car. He decides to continue working part-time during school to earn......

Words: 572 - Pages: 3

Foodmart Inc

...Foodmart Inc. Paper Silvia BUS 415 January 12, 2012 Foodmart Inc. Paper Foodmart Inc. is a retail grocery store in Any State, America. This paper will discuss four lawsuits involving Foodmart Inc. or its employees. The first lawsuit is Foodmart Inc. suing Masterpiece for breach of contract, specifically regarding Masterpiece’s performance on a renovation project. The second case concerns Jeremy Atwater, an employee of Foodmart, who is being sued by a car company named Smooth Sales Used Cars over the legality of a contract. The third lawsuit involves Brian, a manager of Foodmart, as a defendant versus Harry, who is suing him for breach of contract. In the final case, Foodmart itself is being sued by Todd, who accuses Foodmart of damaging his business because the grocery store did not give him a sauce that he wanted. Foodmart versus Masterpiece Foodmart contracted with Masterpiece Construction to renovate one of its stores in Any Town, specifically the one on Main Street. In the contract, Foodmart requested that Masterpiece complete the project within six months. Because it had too many other contracts, Masterpiece Construction was unable to finish the renovation in six months. To solve the matter, Masterpiece hired a different company, namely Build Them to Fall Construction, to complete the job. Build Them to Fall, however, did a very poor job. Foodmart was not notified by Masterpiece that they subcontracted with another company to finish the renovation. Foodmart......

Words: 598 - Pages: 3

Paper

...Foodmart Inc. Scenario BUS/415 July 19, 2011 Aaron Towns Foodmart Inc. Scenarios Scenario One: Foodmart Contracted with Masterpiece Constructions. In an effort to enhance customer experience and satisfaction Foodmart Inc. retained Masterpiece Construction to renovate its Main Street location. In the end Foodmart Inc. was not pleased with the work Masterpiece Construction provided and later found out that the work was sub-contracted out to a third party vendor. This in return resulted in Foodmart suing masterpiece for a breach of contract. Who wins? In the case of Foodmart vs. Masterpiece, Foodmart wins. Although, Masterpiece argued commercial impracticability, the first element of the commercial impracticability states “Something unexpected must have occurred"(Cohen Seglias Pallace Greenhall & Fermac PC, N.D.) for a company to plead impracticability. The third element states and the unexpected occurrence must have rendered performance commercially impracticable” (Cohen Seglias Pallace Greenhall & Fermac PC, N.D.). By Masterpiece Construction accepting and scheduling each new contract it voids the term unexpected. They were aware of everything that came along with each contract they accepted before accepting the responsibility. Therefore Masterpiece Construction should be held accountable to their actions which in return results in Foodmart Inc. being granted their injunction. Scenario Two: Jeremy Atwater Purchases a Car During the summer Jeremy......

Words: 602 - Pages: 3

Foodmart Inc.

...Foodmart Inc., Paper Zelda Anderson, Shaquan Bozeman, Maria Lovell, Lashawda Jones, Ali Gurley BUS/415 March 13, 2012 Professor Michele Riley In scenario one many issues are in question such as whether this contract was legally formed, if the contract was assignable or if the contract was disregard and what the appropriate standards is for the non-breaching party. They need to take a look at the contract and decide if the contract was an acceptance and consideration. After reading the scenario the contract does not show any formation process, it also does not show whether the contract is valid between the two companies. In order for Foodmart to sue Masterpiece construction they must first establish that the contract ever existed. Masterpiece could avoid the liability under the contract by proving that no legal contract was clearly defined. If no contract was formed to where Foodmart accepted the terms then the offer could be different. The facts in this case do not indicate whether the contract between Foodmart and Masterpiece was assignable or not. Even if a contract is held to be non-assignable, most jurisdictions will usual not grant the change of a specific performance. If Foodmart petitioned the court for an injunction and sue Masterpiece for the breach in contract and the specific performance they will lose. Foodmart could win against the case if they sue only under the breach of contract. Masterpiece argues that they had the right to delegate the......

Words: 1474 - Pages: 6

Foodmart Inc Paper

...Synopsis of Tort Cases Paper Introduction Monica Bertrand The purpose of this paper will be for Team B to analysis two scenarios and decide what tort actions were found in the two scenarios that we chose. The scenario’s that were chosen by team B is scenario two and four. Within this paper we will discuss what tort actions were found in each scenario, and decide who are the plaintiffs, and defendants. In this paper we will discuss the elements of the tort claim and how it constitutes the plaintiff’s claim and how it can be resolved. My portion for team paper bullets one through three Monica Bertrand In scenario two the setting is in an Italian restaurant where the owner will be sued for negligence. The tort action for starters would be negligence. Tort is a word that means wrong done, that an individual has committed knowingly or not or by strict liability. The plaintiff has a right to monetary gain for damages inflicted while the tort was committed. According to Cheese man 2010, “Tort laws provide remedial compensation for damages. Segment of tort laws includes intentional torts against persons, negligence found under unintentional torts, special negligence doctrines for professionals, and strict liability and product liability for manufacturers”. Within scenario two Anna along with the old lady and the customers that were trying to leave the restaurant are the plaintiff’s. Anna can sue the restaurant owner for negligence, because glass was found in......

Words: 422 - Pages: 2

Foodmart Inc

...Business Law BUS 415 Caroline Youngblade November 28, 2011 Foodmart, Inc. Paper Introduction Contracts are a legal binding agreement entered into by two parties with the intention of creating a legal obligation. Team C will review each scenario, summarize the legal aspects, and identify the implications of the contracts in each scenario. Scenario One From the sound of this, Foodmart had a valid contract with Masterpiece for the renovation of the store on Main Street. Foodmart had an express contract, an agreement in written form, that Masterpiece had 6 months to ensure the renovation (Cheeseman, 2010). The specifics that are necessary to know are if Foodmart had any clauses in the contract preventing Masterpiece from subcontracting other work and if Masterpiece had to hold work done to a certain standard. The article mentions that Foodmart has noticed the poor quality of work being completed and passed for acceptable. Masterpiece is ultimately responsible for the final product and if the quality is not acceptable by the 6 month deadline, Masterpiece is at fault. Masterpiece does not have the authority to change the terms of this contract based on new contracts. By agreeing to this, Masterpiece agrees that the deadline is reasonable and any new contracts signed should already take this into consideration. Masterpiece can try to rule this as an unconscionable contract, a contract that courts refuse to enforce in part or in whole because it is so......

Words: 926 - Pages: 4

Faith Hunter | Orphan black | Dragon Ball Z: Plan to Eradicate Saiyans Episode 2 English Subbed