Business Law Grocery Paper
Grocery, Inc. Located in Any State, U.S.A Grocery, Inc. is a retail grocery store with locations all over the United States of America (U.S.A.). Tom Green and Jeff fresh work for the store located in My Town, U.S.A. Tom is the produce manager and Jeff, 17 years old, is working for Tom in the produce department. The first scenario is the contract between Grocery, Inc. and Masterpiece Construction for the renovation of the store located on Main Street in My Town, U.S.A. The second scenario is an underage contract between Jeff and Smooth Sales Used Cars. The third scenario is a breach of contract and/or promissory estopple between Tom Green and Harry. The fourth scenario is regarding an e-commerce contract between George and Grocery, Inc. Looking at the scenarios that have been presented there are many legal issues that must be addressed.
Sub-Contract
Grocery, Inc contracted with Masterpiece Construction to renovate the store on Main Street in My Town (Cooper, 2009). Masterpiece Construction increased its workload during the period covering the promised renovations for Grocery, Inc., causing Masterpiece Construction to subcontract the work for the renovation to Build Them to Fall. Once Grocery, Inc. realized the poor quality of work that had been performed, the company petitioned for an injunction and filed a suit for breach of contract against Masterpiece Construction.
Grocery, Inc.’s request for specific performance is burdensome because Masterpiece Construction does not have enough labor to complete the contract for Grocery, Inc., thus creating a hardship for Masterpiece Construction. The personal service contract is the main reason the courts would not grant such a request because the “courts would find it difficult or impracticable to supervise or monitor performance of the contract” (Cheeseman, 2004, p. 311).
Masterpiece Construction attempts to escape responsibility for the improper workmanship by formulating two arguments; these arguments include (a)
Sub-Contract
Grocery, Inc contracted with Masterpiece Construction to renovate the store on Main Street in My Town (Cooper, 2009). Masterpiece Construction increased its workload during the period covering the promised renovations for Grocery, Inc., causing Masterpiece Construction to subcontract the work for the renovation to Build Them to Fall. Once Grocery, Inc. realized the poor quality of work that had been performed, the company petitioned for an injunction and filed a suit for breach of contract against Masterpiece Construction.
Grocery, Inc.’s request for specific performance is burdensome because Masterpiece Construction does not have enough labor to complete the contract for Grocery, Inc., thus creating a hardship for Masterpiece Construction. The personal service contract is the main reason the courts would not grant such a request because the “courts would find it difficult or impracticable to supervise or monitor performance of the contract” (Cheeseman, 2004, p. 311).
Masterpiece Construction attempts to escape responsibility for the improper workmanship by formulating two arguments; these arguments include (a)
References: Cheeseman, H. R. (2007). The legal environment of business and online commerce: Business ethics, e-commerce, regulatory, and international issues. (5th ed.). Upper Saddle River, NJ: Prentice Hall. Cooper, S. B. (2006). Case Scenario: Grocery, Inc. Retrieved from the University of Phoenix, Week Four, Resource, BUS 415 – Business Law Course Web site: https://ecampus.phoenix.edu/secure/resource/resource.asp. Lawyers.com. (2009). Getting Out of a Contract. Retrieved September 4, 2009, from http://business-law.lawyers.com/Getting-Out-of-A-Contract.html Roska, J. (2007, June Day). Q&A:The Law. Saint Louis Post-dispatch. Retrieved from http://www.illinoislegalaid.org/index.cfm?fuseaction=home.dsp_Content&contentID=2638