Final Contract Analysis Note: This is a two-part assignment that consists of two different contract analysis scenarios. Please answer both scenarios on one document. Contract analysis scenario one—damages determination: Alfred and Barbara own adjoining farms in Dry County, an area where all agriculture requires irrigation. Alfred bought a well-drilling rig and drilled a 400-foot well from which he drew drinking water. Barbara needed no additional irrigation water, but in January 1985, she asked Alfred on what terms he would drill a well near her house to supply better-tasting drinking water than the county water she has been using for years. Alfred said that because he had never before drilled a well for hire, he would charge Barbara only $10 per foot, about one dollar more than his expected cost. Alfred said that he would drill to a maximum depth of 600 feet, which is the deepest his rig could reach. Barbara said, "OK—as long as you can guarantee completion by June 1, we have a deal." Alfred agreed, and he asked for $3,500 in advance, with any further payment or refund to be made on completion. Barbara said, "OK," and she paid Alfred $3,500. Alfred started to drill on May 1. He had reached a depth of 200 feet on May 10 when his drill struck rock and broke, plugging the hole. The accident was unavoidable. It had cost Alfred $12 per foot to drill this 200 feet. Alfred said he would not charge Barbara for drilling the useless hole in the ground, but he would have to start a new well close by and could not promise its completion before July 1. Barbara, annoyed by Alfred’s failure, refused to let him start another well. On June 1, she contracted with Carl to drill a well. Carl agreed to drill to a maximum depth of 350 feet for $4,500, which Barbara also paid in advance, but Carl could not start drilling until October 1. He completed drilling and struck water at 300 feet on October 30. In July, Barbara sued Alfred, seeking to recover her $3,500 paid to Alfred, plus the $4,500 paid to Carl. On August 1, Dry County's dam failed, thus reducing the amount of water available for irrigation. Barbara lost her apple crop worth $15,000. The loss could have been avoided by pumping from Barbara’s well if it had been operational by August 1. Barbara amended her complaint to add the $15,000 loss. In a minimum of a 1,000-word contract analysis, discuss Barbara’s suit against Alfred. What are Barbara’s rights, and what damages, if any, will she recover? Cite any direct quotes or paraphrased material from outside sources. Use APA format. Contract analysis scenario two—remedies determination: Mundo manufactures printing presses. Extra, a publisher of a local newspaper, had decided to purchase new presses. Rep, a representative of Mundo, met with Boss, the president of Extra, to describe the advantages of Mundo's new press. Rep also drew rough plans of the alterations that would be required in Extra’s pressroom to accommodate the new presses, including additional floor space and new electrical installations, and Rep left the plans with Boss. On December 1, Boss received a letter signed by Seller, a member of Mundo's sales staff, offering to sell the required number of presses at a cost of $2.4 million. The offer contained provisions relating to the delivery schedule, warranties, and payment terms but did not specify a particular mode of acceptance of the offer. Boss immediately decided to accept the offer and telephoned Seller's office. Seller was out of town, and Boss left the following message: "Looks good. I'm sold. Call me when you get back so we can discuss details." Using the rough plans drawn by Rep, Boss also directed that work begin on the necessary pressroom renovations. By December 4, a wall had been demolished in the pressroom, and a contract had been signed for the new electrical installations. On December 5, the President of the United States announced a ban on foreign imports of computerized heavy equipment. The ban removed—from the American market—a foreign manufacturer that had been the only competitor of Mundo. That afternoon, Boss received an email from Mundo stating, "All outstanding offers are withdrawn." In a subsequent telephone conversation, Seller told Boss that Mundo would not deliver the presses for less than $2.9 million. In a minimum of a 1,000-word contract analysis, discuss the following questions: Was Mundo obligated to sell the presses to Extra for $2.4 million? Assume Mundo was so obligated. What are Extra’s rights and remedies against Mundo? Cite any direct quotes or paraphrased material from outside sources. Use APA format.

You have already done this. MKT610 Advanced Strategic Marketing Module 1 - SLPSTP and Environment AnalysisIn this Session Long Project, you will work as a marketing consultant to develop a feasible marketing plan for your client. You will conduct secondary research in SLPs 1 and 2 and primary research in SLP 3 to glean the necessary information for your marketing plan in SLPs 4 and 5. When conducting primary research in SLP 3, collect only qualitative data (i.e., personal in-depth interviews with at least three target customers) for this study.It is important to conduct quality market research on your focal product/company in order to develop realistic and workable marketing plans. Generally speaking, there are two types of research. One is secondary research, which refers to information search and data collection using existing sources, and the other is primary research, which is your own data collection for the specific study at hand. The purpose of market research is to collect usable information to make more informed decisions on the business problem, thus increasing the chance of business success in the marketplace.Please check the outline of the marketing plan, which provides information on: The final format for this cumulative Session Long Project A list of topics for the whole project The continuity and connections among SLPs 1-5 In this module's SLP, identify a company and a task (a business problem) for this marketing research project, and conduct situation analysis related to the business problem. This is the first step of the cumulative research project. You need to review all five SLPs first in order to better understand the requirements for this project.Product StatementIn this section, describe the company and the product that is going to be the focus of interest for your marketing plan. For example, if your client is Apple, provide brief background information on the organization (e.g., what it is, what it does, history, success in what it is doing, etc.). If the task is to market a new product (such as iPad 4), describe succinctly what iPad is, how long it has been around, how successful it has been, and who the target audience is. Be specific and detail-oriented, and do not assume that the reader is familiar with the company and product.Identify a company and a task for your research project at the very beginning, based on the detailed requirements for this cumulative Session Long Project. The task could be a real business problem you are facing at your institution or a hypothetical business problem, which should be based on one of the company’s existing brands or products. It is also better to identify a task for existing public firms so that you can find adequate information for your project. For example, you may pick one of the following tasks. Apple needs to increase the market share of Apple Watch 2. Samsung wants to introduce a tablet called Galaxy MiniS. Microsoft intends to increase sales of Xbox One S 10TB console. Fitbit plans a successful release of Charge 3 wristband. Google wants to increase brand awareness of Home in Thailand. Do not choose the product that is the basis of Case 1. It is best to check with your instructor regarding the company and the task you choose to analyze for this project. In choosing your company and the task, keep in mind that in order to effectively conduct your market research, you must have access to relevant information. Also note that your task for this research project is what you are going to do with a brand or product, rather than just the brand/product. In other words, your task is to solve a business problem faced by your client. So you need to state the business problem and your task clearly at the beginning since it would guide the following steps of this research project.Situation AnalysisA situation analysis may also be known as an environmental analysis. Conduct an environmental analysis including the external environment, customer environment, and internal organizational environment.A. External Environment AnalysisIn this section, identify/describe all external forces for change that might affect the company, its future, and the future of its industry. Identify the external realities upon which your plan will be based. What are the competitive, technological, economic, political/legal/regulatory, societal/lifestyle/cultural, market, buyer behavior, channel of distribution, and other industry trends that translate into external opportunities and threats? Explicitly state how each of these forces can impact your company, your task, and the outcomes you wish to accomplish. That is, do not just list these forces; relate them to the task at hand. Keep in mind that tables and figures cannot stand alone in any marketing plan. In other words, if you want to use tables and figures, use them as support tools to illustrate the points you are trying to make in your written text. Industry Analysis: What is the current situation in the industry? This description includes the size of the particular industry, trends in the industry, the industry outlook (expanding, stagnant, or contracting), success factors and failures of the industry, and so forth. Are these trends and developments likely to affect your task? How? Competitive Analysis: There are three major types of competitive forces. Brand competitors offer similar products with similar benefits and prices (e.g., monetary cost, time, effort, etc.), and serve/target the same customers. Product competitors offer products that compete in the same product class, but have different features, benefits, and price. Generic competitors offer products that satisfy the same need or solve the problem, but in a different way.For example, assume that the brand in question is Apple iPad 4, and your task is to come up with a marketing plan of how to promote the iPad 4. In your Product Statement you will have already talked about the iPad. Brand competitors in this case would be Samsung Galaxy, Motorola Xoom, Toshiba Excite, Lenovo IdeaPad, and so on. Product competitors could include Hewlett-Packard, Sony, and Dell computers. Generic competitors of iPad could include Regal Theatres, Cox Cable and so on, which satisfy consumers’ entertainment needs.When discussing the competitive forces, focus on the brand and product competitors, and describe these competitors in more detail. How big are they? What is their market share (in comparison to that of your company)? What is their income? How is the income derived? How do they spend their moneys? What are their strengths and weaknesses? How do they pose a threat to your company? What attracts consumers to their products? A detailed description of these competitors will aid your future SWOT and Issues analyses, and give you ideas about target market and implementation. Technology not only refers to the new types of products such as computers and digital products, but also means the processes by which tasks are accomplished. This section examines how changes in technology impact customers’ lives and needs and how marketers respond to their needs. Are these trends and developments likely to affect your task? How? The Economic Situation looks at the stability and growth of the market in which the firm operates, for example: country, region, state, or local area. This section may examine inflation, employment, and income levels; taxes; and consumer confidence, as they impact the company and the task of the marketing plan. Are these trends and developments likely to affect your task? How? Political Trends, Legal Trends, and Regulatory Forces: This section examines how governmental regulations may affect the company and your task. It also looks at the company’s relationships with elected officials. Is the current administration, Congress, state legislature, county or city government likely to sponsor laws or regulatory changes that will affect the company and the task, either favorably or negatively? Do recent court decisions have an impact on the operating environment? Do they impact how you will have to carry out your task? Cultural Trends may have a profound impact on how customers respond to the company’s offering. Examples of lifestyle trends include less leisure time; cocooning; focus on health, exercise and nutrition; and less concern with cleanliness. Demographic trends include aging baby boomers, new boomers (Generation Y and Generation Z), a rise in single-person and single-parent households, more women who work, and increasing population diversity. Some changes in cultural values include less conspicuous consumption, value orientation (quality/price), environmental concern, less tolerance of public smoking, more tolerance of varying lifestyles, and giving back to the community. Are these trends and developments likely to affect your task? How? B. Customer Environment AnalysisThis section should examine the current situation in respect to the needs of the target market, expected changes in those needs, and how the firm presently meets those needs. Answer all of the following questions. Keep in mind that this section focuses on the current target market of the company, not the market you propose to target with this marketing plan. At this point, you are still examining the status quo, which should aid your decision-making in the remainder of the marketing plan. For example, if the company in question is Apple, and the task is to promote the iPad 4, the focus in this section of the marketing plan would be on the existing target markets served by Apple and what can be learned from those targets. Consider the following issues for your analysis: Who? Who are current and potential customers of the same customer group? What are the demographics, psychographics, and geographics? Is the buyer the user? Who influences the purchasing decision? How many? How many customers does the company serve? How many does it have the capacity to serve? Where? Where are products purchased? Where do customers buy the products? What are the types of intermediaries? What is the influence of electronic commerce? Where are customers doing non-store buying—Home Shopping Network, catalogs, Internet? When? When are the products bought? What is the frequency of purchasing? Do promotional events affect purchase? How do differences in physical or social environment, time demands, or purchase task affect buying? How and What? What are the basic need-satisfying benefits? Does a competitor’s product fit a need this product/service does not provide? What are changes in customers’ needs? How do the customers pay—cash, credit or mobile app? Why Are There Non-Customers? Needs not met? Bad fit for lifestyle/image? Price? High switching costs? Competition’s product is better? Poor distribution? They do not know about the product? C. Internal Environment AnalysisThis section should identify/describe relevant internal aspects of the company that will help identify strengths and weaknesses in your SWOT analysis in the Module 2 SLP. This requires the identification and analysis of the organization’s past financial performance (sales, market share, profitability, etc.); marketing strategies (target market and positioning/image); marketing goals, objectives, and past performance; and marketing programs (advertising/promotion effectiveness, product/service offers, distribution effectiveness and channel programs, pricing, sales force effectiveness, sales strategy and programs, public relations/publicity, marketing research/intelligence gathering efforts, etc.). Additionally, the report may need to examine items such as production capacity, technical capabilities, management/leadership, organizational structure and culture, level of available resources and skills, financial stability, the product life cycle (i.e., is the product in introduction, growth, maturity, or decline stage?), and other relevant characteristics of the company that help develop a complete list of strengths and weaknesses in your SWOT analysis. It is important to focus on how the company is perceived by the market and its own customers as the main determinant of market-relevant strengths. You may have a table/chart/graph to show the company’s financial performance such as its sales revenues, the profits, profit margin, market share, stock price, market cap, return on assets, operating cash flow, and so on. The written analysis in this subsection should be consistent with the table/chart/graph. SLP Assignment ExpectationsUse the following outline to organize your paper. Note that the letters “a, b, c…” and the numbers “i, ii, iii, iv…” and “1, 2, 3, 4…” below are used to show the major issues you need to include in your paper, but should not be used to format your paper. Product Statement (2 pages maximum) Describe the company/organization. Provide brief background of the product/brand. Describe the business problem and task you have for this marketing plan. Provide a brief overview of what issue you are studying, and how a marketing perspective can help address the issue. Situation Analysis (3-6 pages)Note: Only include sections that are relevant to your task. The relevance of each section of analysis should be clear to the reader. External Environment Analysis Context Analysis Industry forces that might impact success of any actions taken Competitor Analysis Any organization or message that may prevent any actions taken from being successful Technological and Economical Situation Analysis Political, Legal, and Cultural Analysis Customer Environment Analysis Customer Analysis Collaborator Analysis Internal Environment Analysis Company Analysis (include the table and histogram/chart in the appendix) Note: Use double-spaced, black Verdana or Times Roman font in 12 pt. type size. Include a title page and references. Explain clearly and logically the facts about your company and charge, and use the required reading to support your positions on the issues. Do not repeat or quote definitions. Your use of the required reading to support your opinions (that is, contentions or positions) should demonstrate that you understand the concepts presented. Paraphrase the facts using your own words and ideas, employing quotes sparingly. Quotes, if absolutely necessary, should rarely exceed five words.Academic papers at the master’s level should include citations and references. Look at different sources, especially credible and reputable ones such as The New York Times, The Wall Street Journal, Businessweek, and The Economist, to find the information for your paper. Also use Trident University’s online library databases such as ProQuest and EBSCO to find information for your project. Your discussion on each topic should be a synthesis of the different sources. Taking shortcuts on the number and quality of your sources will result in a poor-quality marketing plan that will be of no use to your client.It is also important that you reference your sources throughout the text of your marketing plan. Take the following paragraph as an example:“As a result, telephone interviewers often do not even get a chance to explain that they are conducting a survey (Council for Marketing and Opinion Research, 2003), and response rates have steadily declined (Keeter et al., 2000) to reported lows of 7% (Council for Marketing and Opinion Research, 2003). This decrease presents a problem because not only does it increase the cost of conducting telephone surveys, but it also leads to questions concerning the generalizability of the results (Struebbe, Kernan & Grogan, 1986; Tuckel & O’Neill, 2002).”There are different citation and reference formats such as APA, MLA, or Chicago. You need to use APA citation and reference format for this course. The marketing plan should use third person business writing. Avoid “we,” “our,” and “you.” Do not use contractions in business writing.Here are some guidelines on how to conduct information search and build critical thinking skills.Emerald Group Publishing. (n.d.). Searching for Information. Retrieved from http://www.emeraldinsight.com/learning/study_skills/skills/searching.htmEmerald Group Publishing. (n.d.). Developing Critical Thinking. Retrieved from http://www.emeraldinsight.com/learning/study_skills/skills/critical_thinking.htmGuidelines for handling quoted and paraphrased material are found at:Purdue Online Writing Lab. (n.d.). Academic Writing. Retrieved from https://owl.english.purdue.edu/owl/section/1/2/Purdue Online Writing Lab. (n.d.). Quoting, Paraphrasing, and Summarizing. Retrieved from https://owl.english.purdue.edu/owl/resource/563/1/Purdue Online Writing Lab. (n.d.). Avoiding Plagiarism. Retrieved from http://owl.english.purdue.edu/owl/resource/589/1/Your paper consists of arguments in favor of your opinions or positions on the issues addressed by the guidelines; therefore, avoid the following logical fallacies:Purdue Online Writing Lab. (n.d.). Logic in Argumentative Writing. Retrieved fromhttp://owl.english.purdue.edu/owl/resource/659/03/Module 1 - BackgroundSTP and Environment AnalysisFassnacht, M. (2009). The death of consumer segmentation? Rethinking a traditional marketing tool. Advertising Age (April 13). Retrieved from http://adage.com/article/cmo-strategy/death-consumer-segmentation/135961/Kumar, V. (2015). Evolution of marketing as a discipline: What has happened and what to look out for. Journal Of Marketing, 79(1), 1-9.Levitz, J. (2011, November 28). State's new trick: Old Dogs. Maine sees retirees as assets, seeks to attract them with tax cuts on pensions. The Wall Street Journal. A3.Medina, J. (2011). Casino town puts its money on hispanic market. New York Times (August 30).Olson, E. M., Slater, S. F., & Hult, G. T. M. (2005). The performance implications of fit among business strategy, marketing organization structure, and strategic behavior. Journal of Marketing, 69(3), 49-65.Patton, L. & Coleman-Lochner, L. (2011). Supervalu-led stores chasing $55 billion in food stamps: Retail. Bloomberg.Roberts, A. (2011). Vuitton sees growth tied to invitation-only luxury salon: Retail. Bloomberg Businessweek (November 16).Stone, M. D., & Woodcock, N. D. (2014). Interactive, direct and digital marketing: A future that depends on better use of business intelligence. Journal of Research in Interactive Marketing, 8(1), 4-17.Check the following links for proper APA citation and reference format:Purdue University Online Writing Lab. (n.d.). In-text citations: The basics. Retrieved from http://owl.english.purdue.edu/owl/resource/560/02/.Cornell University Library. (n.d.). APA citation style. Retrieved from http://www.library.cornell.edu/resrch/citmanage/apaGolden Gate University. (n.d.). University library: Research help. Retrieved from http://www.ggu.edu/libraries/university-library/research-help#citation-guideUniversity of Illinois at Urbana-Champaign. (n.d.). The center for writing studies. Retrieved from http://www.cws.illinois.edu/workshop/writers/citation/apa/intextcitation/Peer review in academic publishingBagchi, R., Block, L., Hamilton, R. W., & Ozanne, J. L. (2017). A Field Guide for the Review Process: Writing and Responding to Peer Reviews. Journal Of Consumer Research, 43(5), 860-872. doi:10.1093/jcr/ucw066Zinn, W., & Goldsby, T. J. (2016). The "invisible hands" in research: The critical roles of reviewers and associate editors. Journal Of Business Logistics, 37(3), 202-204. doi:10.1111/jbl.12137Other useful resourcesFor instructions on how to locate the articles in the designated databases, please check https://www.youtube.com/watch?v=bDh6h_fwb-khttps://www.youtube.com/watch?v=idebrP8G3P4