Mandatory Memo Essay

I am composing you this memo in conformity with the compulsory mediation demands issued by the tribunal. I would foremost wish to province to you my stance in this instance. I have been covering with this peculiar seller for about six months now. The concern relationship started after my married woman and I visited Mrs. Doe’s Sunday school category in Huntsville. Alabama. I was at that place in support of my married woman and to research the Christian faith. but in little talk Mrs. Doe informed me of her family’s grape vinery and the value of a certain natural merchandise they produced. My natural herb shop was in demand of some new merchandises for my clients so I agreed to seek Mrs. Doe’s merchandise in my shop. The muscatine merchandises were a success so of course I continued to put orders for the merchandises by phone and paid the bills as the money became available ; at this point in the concern relationship there was no written contracts signed between Mrs. Doe’s concern and mine therefore my apprehension is that our contract was of the implied assortment. significance that the action of my ordination and her provision was the contract.

After a few months I began hearing yak about the popularity of Vitis rotundifolia grape merchandises. and as a seller I needed to acquire some legal paperss locking down my concern relationship Mrs. Doe’s vineries before the monetary value of the supply went excessively high. When I foremost started my company 2011. I remember reading a book about the Torahs of supply and demand. I remember reading that as the rise in demand grew the cost of the supply would turn every bit good. To review my memory I went back over that book and there it was in black and white “to make money within this rhythm. acquire in early and acquire out early. That is. increase your supply as the demand starts to lift and cut your monetary value as the demand starts to fall” ( Ball K. . Seidman. D 2011 ) . Clearly our implied relationship was non traveling to be plenty to maintain me on top of this merchandise addition. I knew whatever I was traveling to make I needed to make it fast. I had remembered that there as traveling to be a bringing coming from the vinery that twenty-four hours so I typed up a speedy contract that would put in topographic point my current pricing and future bringings as good.

The contract was merely a formality to protect myself and my company. certain Mrs. Doe was a good Christian lady. but I was non convinced that Christianity and concern had anything to make with one another. When Mrs. Doe’s boy arrived with the bringing I asked the immature adult male to subscribe the contract as. like I stated earlier. a formality for both companies. I had reviewed all facets of the contract and did non perceive anything within the contract that was already out of our ordinary modus operandi. I would name and put an order. Mrs. Doe would make full the order and present it to our constitution so within a month or so I would pay my bill. Paying the bill within 30-45 yearss gave me clip to sell some of the merchandise so that it virtually paid for itself. I was non cognizant of Mrs. Doe’s son’s age and since I was non anticipating the concern relationship to turn anytime shortly. I did non believe to inquire if he was a legal grownup. When I asked Mrs.

Doe’s boy to subscribe the contract he did non offer any information about his age either so in my defence what ground would I have to surmise otherwise. Once I learned of the Huffington Post’s article praising the value of Vitis rotundifolias I knew it was a affair of clip before Mrs. Doe either choose to raise the monetary value of her merchandises. I ne’er expected her to desire to call off our concern minutess indefinite. I was certain by now that her some had disclosed the contract to his female parent by now. it was refering to the household concern and if he was competent plenty to do the bringings and help his female parent with the company so certainly he was responsible plenty to give her the contact that he had signed. When Mrs. Doe reveled to be that she was no longer traveling to provide me with the merchandise I was surprised and angered. we had an understanding. Once Mrs. Doe informed me that she had no cognition of the contract I instantly faxed the contract to her and so began researching my following legal stairss. During my research of contract jurisprudence I discovered a publication that highlighted all the legal facets of binding legal contracts.

There are several grounds that I judge may govern a contract unenforceable. one of which relates to nondisclosure due to deficiency of capacity. this instantly required more survey. Harmonizing to the publication “It’s expected that both ( or all ) parties to a contract have the ability to understand precisely what it is they are holding to. If it appears that one side did non hold this logical thinking capacity. the contract may be held unenforceable against that individual. The issue of capacity to contract normally comes up when one side of the understanding is excessively immature or does non hold the mental wherewithal to wholly understand the understanding and its implications” ( Stim 2000 ) . I knew that Mrs. Doe would seek to utilize her son’s age as a ground non to honour the contract. I personally believe that if Mrs. Doe really had no cognition of the contract it was due to her son’s misrepresentation therefore turn outing he had full capacity when he signed the contract. I can non contend to how this legal affair will alter my idea procedure about Christianity. I do non see that Mrs. Doe’s effort to disgrace our contract as an immoral act.

When Mrs. Doe foremost contacted me I was angry and started to see her breach of contract as a defect in her moral compass but so I read a transition in another publication I had researched. The aurthor stated that “a tenseness exists between the felt sense that wrong has been done when contracts are broken and the existent operation of the law” ( Porat. A. . & A ; Ben-Shahar. O. 2010 ) . I believe that I have to divide this deficiency of good judgement in Mrs. Doe’s instance from my rating of God and Christianity. in making so I must besides take full advantage of my legal rights as a concern proprietor. In order for my concern non to endure from this effort to transgress the contract either Mrs. Doe must honour the contract until the terminal or she must pay me for the amendss that would be associated with the vinery call offing our understanding. anything less would be unacceptable and a I will go on frontward with my case.

Ball. Madeline K. ; Seidman. David. ( 2011 ) . Dollars and Sense: Supply and Demand. Rosen Central. Retrieved 8 February 2015. from Porat. A. . & A ; Ben-Shahar. O. ( 2010 ) . Mistake in American Contract Law. Cambridge: Cambridge University Press. Stim. R. ( 2011 ) . Contracts: The indispensable concern desk mention. Berkeley. Calcium: Nolo.