Discussion 7 Response First Post by Student Discussion 7 by Ken Barnes Good morning, Linda Lawyer. Have I got a legal mess for you to figure out. We had an incident last week with one of our teenage drivers speeding while making a delivery, then was arrested because, unbeknownst to us, the package in her possession contained drugs, which we are not licensed to deliver. Our driver, Tammy is also not allowed to possess such packages, because she is a minor, even if we were licensed. Since we were unable to deliver the package, the customer, Vicki Vegetable did not submit a payment for our invoice. A couple of days ago, Vicki called, and I was in no mood to talk to her, so I asked Tammy to talk to her. Well, thinking she was doing the company a favor because she was arrested for possession, agreed to terms with Vicki to meet her niece in Chicago who was supposed to give Tammy half of the payment in cash. However, when Tammy arrived, she was handed a construction contract which was illegally transferred to us for a new building in Chicago, using Tammy as the transferee. However, the contractor needs money from us to complete the building. The first issue is that the shipping contract should be void because it is illegal for us to transport drugs, since we are not properly licensed. Then, there is the issue of Tammy being a minor. She was not authorized to make any payment arrangements with Vicki, even though her heart was in the right place. Tammy did not have the capacity to enter into a payment agreement, and will disaffirm that contract. Vicki exerted undue influence over Tammy by taking advantage of Tammy’s willingness to make right of the situation. Since the agreement was to settle a debt owed us by Vicki Vegetable, Tammy should not be liable for any restitution. She went to Chicago expecting to receive a cash payment, and instead received a building contract which was already altered by replacing any reference to Vicki Vegetable with Tammy’s initials. Since the building contract was fraudulently altered, and given to Tammy without her understanding of what it meant, we should also not be liable to the contractor to pay for the completion of the building. Also the contractor did not agree to the altered contract. Additionally, the value of a building in Chicago is unjust enrichment for a few hundred dollar shipping invoice. I believe we are due damages from Vicki in the amount of the original invoice and any subsequent legal and court costs we may incur as a result of her actions. References Clarkson, K. W., & Miller, R. L. (2021, 2018). Business Law: Text and Cases (15th ed.). Australia, Brazil, Mexico, Singapore, United Kingdom, United States: Cengage Learning. Jackson, N. (2022, February 10). (K. Barnes, Interviewer) Second Post by Student Discussion 7 by Steeve Bruny We need your expert opinion about a situation. Our driver, Tammy, got pulled over for speeding while transporting a shipment to a client for us. The shipment was contained drugs. Consequently, our driver was arrested, and we did not get paid for the shipment. I would like to know how our Company can avoid this kind of situation in the future. We want to avoid trouble with the law to keep our employees safe, and customers satisfied. We need to know legal whether there is licensing process that allows our Company to transport drugs legally. Furthermore, our driver agrees to waive half of the amount due over the phone. We would like to understand the legality of the decision she made on our Company's behalf. Additionally, Tammy signed a contract on our behalf that completely changed our contract structure with our client. I believed they took advantage of her gullibility. Could this situation be considered fraudulent misrepresentation or negligent misrepresentation? Lastly, Charlie Contractor, the Company we now have to deal with, demands more money before continuing the work. This demand goes against our previous contract. How do I convince them to respect our previous agreement? Forbes Solicitors (n.d.) explained that a remedy that may be available for fraudulent misrepresentation or negligent misrepresentation is recission. This remedy sets aside the contract and puts the party in the position before the agreement. Reference Forbes Solicitors. (n.d.). Misrepresentation: What is it, and what remedies are available? Forbes Solicitors. Retrieved February 11, 2022, from https://www.forbessolicitors.co.uk/news/47588/misrepresentationwhat-is-it-and-what-remedies-are-available
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