Description
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 son’s glove company. Cora and Caley, Camille’s 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 Cardigan’s 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. Camille’s plan was to sell each set for $300 thereby making a $200 profit per set. While discussing the type of yarn to be used, Sonya’s 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 2–3-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 Sonya’s 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
Explanation & Answer
Attached.
Running head: LAW OF CONTRACT
1
Law of Contract
Institution Affiliation
Date
LAW OF CONTRACT
2
Introduction
A contract is simply a covenant between two or more parties that is legitimately
binding (McCamus, 2012). This agreement is usually facilitated by some factors such as
consideration, offer, acceptance, capacity, intention, and consent. The inclusion of duress,
unwarranted influence, and untruthful statements has the ability to make the contract invalid.
Therefore, every contract should be made with the permission of all the parties involved and
should be out of an individual free will. The lack of some essential features of the contract also
could affect its legitimacy hence one should always ensure they are all present.
Formation of a Contract in this Case Scenario
For this case, a contract has been formed between Sonya and Camille. This is
because there is the presence of an offer when Camille brought an order of the number of
sweaters she needed for Sonya to sew. Acceptance is then exhibited when Sonya acknowledged
the offer and even...
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