CONTRACTS ANALYSIS INSTRUCTIONS
Review the Contracts Analysis Case Study prior to answering the questions listed below.
Write a legal analysis of at least 1,000 words that answers the following questions from both a legal and a spiritual perspective:
1. What should you do about continuing to do business with Marshall?
2. If you elect to stop doing business with Marshall, what legal causes of action might he bring against your company, what damages or remedies might he seek, and what legal defenses might your company have?
3. If you stop doing business with Marshall, what are the potential impacts on Marshall's continued exploration of his faith? What biblical options are available for resolving your disputes with Marshall?
Your analysis must be supported by at least 3 legal or scholarly sources, cited in proper APA format. The assignment must also be formatted in current APA format, but you do not need to include an abstract.
In connection with this assignment, you may want to research the following legal concepts and incorporate what you find in your analysis if you consider them relevant:
• Covenants of good faith and fair dealing;
o See, e.g., Sons of Thunder, Inc. v. Borden, Inc., 148 N.J. 396 (1997).
• Minor's capacity to contract;
• Fraud in the execution of a contract;
• An employee's capacity to bind a company by contract;
• Section 2-306 of the Uniform Commercial Code;
• Implied contracts;
• Promissory Estoppel;
• Custom and practice between merchants;
• Biblical dispute resolution; and
• Any other legal concepts you believe may be relevant.
This should get you started. I also provided two references within the text to help you. After reviewing, if you have any further questions, please ask.
In the case presented, the owner of the company started a non-contractual relationship with Marshall, to sell him Muscadine grapes and grape products. After giving him samples, he makes a small order that over time grows larger. The deliveries to Marshall are not cash on delivery, but instead are invoiced with a 30 day payment requirement. Marshall has not met this payment agreement most of the time, but the company has not charged him interest and penalties for the late payments. During the course of the relationship, at some point, Marshall has given the part time delivery person a contract to sign, in lieu of negotiating in good faith with the owner of the company. Additionally, the delivery person is a minor and in most states this negates the validity of the contract. There is no indication from the company that a delivery person, part time at that, has ...
A review of potential reasons for ending a business relationship beyond the potential for new opportunities with a current business partner.