Determine whether or not a contract has been formed

Assignment Help Business Law and Ethics
Reference no: EM13862415 , Length:

Camille has developed a good network among those in the fashion industry, especially the seamstresses who have been hired by well-known celebrities. One day, Camille spoke with Sonya, the owner and Lead Seamstress for Shazam Clothing Industries. Shazam is a leading manufacturer of unique limited edition clothes in Silkadonia. Camille presented Sonya with her order to sew a limited number (500) of hot pink and black machine knitted sweaters with a matching knit hat. Each sweater was to have a number and Candie Cardigan's signature on a label sewn onto the bottom right side of the sweater. The hats would have the same label with matching number to its sweater, but sewn on the right side of the turned up hat cuff. Sonya agreed to make each sweater and hat pair for $100. Camille's plan was to sell each set for $300 thereby making a $200 profit per set. While discussing the type of yarn to be used, Sonya's cell phone rang. Sonya pushed a piece of paper and a color palette towards Camille and whispered "write the type of yarn you want used and exact dye lots" and I will begin work on this right away. Camille did as requested, but forgot to give Sonya the traditional 25 percent down payment. The down payment has always been used to purchase the materials.

Sonya completed production of all 500 sweaters in record time and has presented Camille with an invoice for payment for the same. At the bottom of the invoice, the words, "Payment Due Upon Receipt" were written. Camille changed her mind about wanting the sweaters and hats, as she decided that the items would not be as profitable as originally anticipated. Sonya now comes to the law firm you work for, P. Strami, and Hammond, Attorneys at Law, and wants to know if she has any recourse. Attorney Strami hands you the following instructions and asks that you draft a memorandum to him incorporating your research.

Dear Paralegal:

Please prepare a 2-3-page double-spaced memorandum in size 12 Times New Roman font discussing the following in the order presented:

• Please determine whether or not a contract has been formed using the basic contract principles of offer, acceptance, and consideration. State whether or not any of the crucial parts of the initial offer may be missing.

• Further, please research whether or not Camille and Sonya's prior course of dealings has an impact on the parties' communications and whether or not Sonya would be successful against CARDWARE Inc. should a breach of contract lawsuit be brought against her.

• Do not forget to provide your legal research within your memorandum. You may use case law to make comparisons, your textbook, and reliable Internet research to provide in-text citations for your work. Do not use Wikipedia.

Prepare your memorandum paying particular attention to the following:

• For confidentiality reasons, please prepare an APA formatted cover sheet with your memorandum. Do not forget to indicate which unit the Assignment is for.

• Be sure to avoid the use of first person. Instead, convey your research utilizing third person.

• Be sure to discuss any ethical perspectives/concerns with regard to the parties' communications

• Keep all font color consistent throughout. If you copy and paste a link and it is in blue, hover your mouse over the link, right click, and select "REMOVE HYPERLINK" to keep the font color black like the rest of your submission.

• Use size 12 Times New Roman font.

• Utilize in-text citations. If a reference is listed in your reference page, it must be included within the body of your submission as well.

• Prepare an APA formatted reference page.

• Submit your Assignment in a timely manner.

• Do not hesitate to ask for assistance should you need it.

Verified Expert

Reference no: EM13862415

Discuss the functions and role of law

Write a 700- to 1,050-word paper in which you define the functions and role of law in business and society. Discuss the functions and role of law in your past or present job

Do see some potential sources of disagreement in doing this

Often, as a business operates, the partners bring some of their personal items for use by the partnership so that the partnership does not have to incur the expense of buyin

What are the key provisions of law

What are the key provisions of law that are at the center of this debate? Which interest groups and individuals are active on both sides of the debate on this issue, and what

When can foreign arbitral award be annulled outside of place

What are the limitations on the parties' autonomy regarding the law of arbitral seat? (Mention 4 limitations and explain each one in no more than one paragraph (for a total

What are some practical implications of case for employers

Why does the Court conclude that the plaintiff had a reasonable expectation of privacy in her e-mail communications with her lawyer? Why was the computer use policy not suff

What offences could ketut, rhonda, trent, and tim be charged

What offences could Ketut, Rhonda, Trent, and Tim be charged with under Victorian and federal drug laws? Explain your response using relevant legislation and case law. Deal

Effects on interstate commerce

Heart of Atlanta Motel v. United States Why was this case so important? Why did the U.S. Supreme Court develop the "effects on interstate commerce" test? Is most commerce cons

What is real property

What is real property, and how is it different from personal property? Include in your answer the concept of fixtures, and how a court determines whether an item is a fixtur

Reviews

Write a Review

 
Free Assignment Quote

Assured A++ Grade

Get guaranteed satisfaction & time on delivery in every assignment order you paid with us! We ensure premium quality solution document along with free turntin report!

All rights reserved! Copyrights ©2019-2020 ExpertsMind IT Educational Pvt Ltd