Cardigan History
The Cardigan family has made a name for themselves in the sweater industry whereby they have designed sweaters for a variety of uses and for a wide target audience ranging from toddlers to business professionals. Cassandra, whom everyone calls Cassie, is the CEO of CARDWARE Inc., Camoni is the spokesperson for the sweater line, and Candie models the lines in the professional sphere. They often use their mother, Camille, as a business consultant for input about various new ideas and marketing because she was the manager and agent of her sons glove company. Cora and Caley, Camilles two youngest daughters from her second failed marriage to Bo Jenkins, are co-office managers of their headquarters located in Silkadonia.
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 Cardigans 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. Camilles plan was to sell each set for $300 thereby making a $200 profit per set. While discussing the type of yarn to be used, Sonyas 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 % 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 23-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 Sonyas 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.
Extra information:
Contracts: Part I
Contract: An agreement that can be enforced in court. It is performed by two or more parties who agree to perform or to refrain from performing some act now or in the future.
Agreement: An essential element for contract formation. Ordinarily, agreement is evidenced by two events: An offer and an acceptance. One party offers a certain bargain to another party, who then accepts bargain.
Consideration: The value given in return for a promise. There must be something of legally sufficient value given in exchange for the promise and there must be a bargain for exchange.
Contractual Capacity: The legal ability to enter into a contractual relationship. Courts generally presume the existence of contractual capacity, but, in some situations, capacity is lacking or may be questionable.
Legality: A legal purpose that makes a contract valid and enforceable. A contact to do something that is prohibited by federal or state statutory law is illegal and, as such, void from outset and thus unenforceable. Additionally, a contact to commit a tortuous act or to commit an action that is contrary to public policy is illegal and unenforceable
Contracts: Part II
A contract that is otherwise valid may also be unenforceable if it is not in the proper form. An otherwise valid contract may still be unenforceable if the parties have not genuinely assented to its terms. The statute of frauds requires that certain types of contracts must be in writing or be evidenced by a record.
Under the Parol Evidence rule, if a court finds that a written contract represents the complete and final statement of the parties’ agreement, then it will not allow either party to present evidence (testimony or other evidence of communications between the parties that are not contained in the contract itself). Because a contract is a private agreement between the parties who have entered into it, it is fitting that these parties alone should have rights and liabilities under the contract.
This concept is privity of contract, and it establishes the principle that third parties have no rights in contracts to which they are not parties. There are exceptions to the privity rule. These exceptions include assignments and delegations, as well as third party beneficiary contracts.
