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Grocery Store Inc. Paper

1622 words - 6 pages

AbstractThis paper leads the reader through relationships that grocery store employees undertake in normal lives. For example, people encounter contracts called click wrap contracts usually encountered during the sign up process. The contracts in this paper are interesting to the reader. For instance, looking at the Freight on Board (F.O.B) contract indicating the supplier pays the shipping costs and is liable for freight risks and related costs until the specified point. In this contract the seller Organic farms needs to designate if it is Freight on Board at his store, or if it is Freight on Board at the destination point. The technology in reaching customers is always changing. The situations of caveat emptor are out there and need to be addressed. Promises are made [Passive voice] on a daily sad to say many are not kept. [Passive voice] Liabilities are not always clear in the case of Masterpiece renovation.Grocery Store Inc.This paper contains the business situations and personal encounters of grocery store employees who will have to endure the legal system. Each situation has different contacts like: Click-Wrap Agreements, Promissory Estoppel, the Doctrine of Commercial Impracticability, and the Infancy Doctrine that will need to be reviewed [Passive voice] and analyzed to determine which legal actions are needed [Passive voice] and what are the outcomes of these cases.Grocery sues Masterpiece ContractionGrocery contracted with Masterpiece Construction to renovate the store, with a six-month period completion. Masterpiece could not complete the renovation within the six-month period; therefore, Masterpiece sub-contracted failed to complete the job on time.The Doctrine of "Commercial impracticability is nonperformance is excused if an extreme or unexpected development or expense makes it impractical for the person making the promise to perform" (Cheeseman, 2004, p. 295). The doctrine could excuse masterpiece of nonperformance because of unforeseeable events. However, considering the poor quality of work, using this as a defense is not compelling. Though masterpiece might have had the right to sub-contract the renovation to another company, this right does not release Masterpiece from liability.Generally, there is a breach of contract if the contract is not performed [Passive voice] when due. Nevertheless, if the other party is not jeopardized [Passive voice] by the delay, most courts treat the delay as a minor breach and give the nonperforming party additional time to perform. The breaching party fulfills an award of specific performance orders acts promised in the contract. The courts have the discretion to award this remedy if the subject matter of the contract is unique (Cheeseman, 2003, p. 292).Grocery had legitimate reason to sue Masterpiece for breach of contract; therefore, Grocery will win the case against Masterpiece. The proving fact is not that Masterpiece sub-contracted with Build to Fall, but that the six-month contract had...

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