Apply: Alternative Dispute Resolution (ADR), Ethics and Risk Management Study

User Generated

WCevpr33

Writing

Description

unethical business behavior, and to develop risk management procedures to avoid or reduce claims and litigation.

Read the following scenario:

Dazzling Dough Co. sells pizza dough to local pizza restaurants. Most of the restaurants buy at least 150 pounds of pizza dough from Dazzling Dough Co. in each order. Jerry's Pizza contacted Dazzling Dough Co. to purchase 200 pounds of pizza dough, along with some other items. Dazzling Dough Co. sent Jerry's Pizza a written contract, prepared by Dazzling Dough Co.'s lawyer, stating that "Jerry's Pizza agrees to purchase 200 pounds of pizza dough, pizza toppings, desserts and soft drinks for $30,000." Jerry's Pizza signed and returned the contract.

A few days later, Dazzling Dough Co. sent Jerry's Pizza 125 pounds of pizza dough and 75 pounds of pizza toppings, desserts, and soft drinks. Jerry's Pizza contacted Dazzling Dough Co. about the error in the contract and demanded an extra 75 pounds of pizza dough. Dazzling Dough Co. said there was no error, that Jerry's Pizza signed the contract so they agreed to the terms, and it was not sending the extra pizza dough.

After several attempts to resolve the dispute and a pressing need for dough, Jerry's Pizza terminated the contract and sent Dazzling Dough Co. a check for $15,000 for the 125 pounds of pizza dough, pizza toppings, desserts and soft drinks. Jerry's Pizza immediately purchased 75 pounds of pizza dough from another company for $12,000. Both parties are threatening to sue each other for breach of contract. They prefer to resolve the dispute out of court because the contract contains a clause that awards reimbursement of attorney's fees to the winning party.

The board of directors of Jerry's Pizza scheduled a meeting with you and other senior management at the company to discuss the dispute. You'll need to prepare a strategic plan overview (an abbreviated strategic plan, not a full plan) for the board that explains why there is a dispute, suggests various settlement proposals, and provides recommendations on how Jerry's Pizza can avoid this kind of dispute in the future.

Prepare a 525- to 875-word strategic plan overview to resolve the legal dispute for the board (use the bullet point headings provided below to format your overview) addressing the following:

Summary of Dispute

Identify the source of the dispute.

Identify each party's interpretation of the contract language.

Identify whether each party's interpretation is reasonable.

Identify any missing facts that would be helpful to know in order to resolve the dispute.

Proposed Revisions to Contract Language

Recommend specific revisions to the contract's language so that it is clear what Jerry's Pizza expected to buy and what Dazzling Dough Co. is required to deliver.

Ethical Considerations

Explain the ethical considerations for a company to enforce specific terms of a contract against another company if the other company is mistaken about what was agreed to. Discuss the factors that should be considered.

Recommendations

Two to three possible settlement options (e.g., pay for the disputed dough, reduce the amount of dough to be purchased, split the difference, refuse to pay, etc.)

Two to three methods of dispute resolution (e.g., negotiation, mediation, arbitration, litigation, etc.) that Jerry's Pizza can propose to Dazzling Dough Co.

Create a one-page visualization to represent the information you provide in this assignment.

Use the Table, SmartArt, or Chart visual representation options available in Microsoft® Word by clicking on the Insert tab located on the ribbon at the top of the window. Locate the Word Help function in the version of Microsoft® Word that is installed on your computer for assistance.

Click the Assignment Files tab to submit your assignment.

User generated content is uploaded by users for the purposes of learning and should be used following Studypool's honor code & terms of service.

Explanation & Answer

here you go! if you have any questions please let me know, thank you......

Insert surname 1

Student’s name
Professor’s name
Course
Date
Summary of the dispute
Jerry’s pizza had contacted Dazzling Co. with the aim of purchasing 200 pounds of pizza
dough with other items. Dazzling Co. sends its lawyer with a written contract to Jerry’s Pizza so
that it could be signed. The contracted stated, “Jerry’s Pizza agrees to purchase 200 pounds of
pizza dough, pizza toppings, desserts and soft drinks for $30, 000.” The contract was signed and
a few days later Dazzling Dough Co. delivered 125 pounds of pizza dough and 75 pounds of
pizza toppings, desserts, and soft drinks. Jerry’s Pizza stated those were not the items which it
was expecting. As the conflict grew, Jerry’s Pizza terminated the contract and paid a check of
$15, 000 for the 125 pounds of pizza dough, pizza toppings, desserts, and soft drinks. The
company then purchased 75 pounds of pizza dough from another company at a price of $12, 000.
The source of the dispute
The source of the dispute is the contract which the two parties signed. After the Jerry’s
Pizza signed the contract, Dazzling Dough Co. provided different products against the
expectation of Jerry’s Pizza. The two companies might have quoted the information on the
contract differently.

Insert surname 2

Each party’s interpretation of the contract language
For Jerry’s Pizza, the contract stated that Dazzling Dough Co. would provide 200 pounds
of pizza dough and toppings, desserts, and soft drinks for $30, 000. Dazzling Dough Co.
expected to provide 200 pounds of pizza, pizza toppings, desserts and soft drinks for $30, 000.
Why each party’s interpretation is reasonable
For Dazzling Dough Co. it was common for most of the restaurants to buy at least 150
pounds of pizza dough that’s why it may have felt that Jerry’s Pizza needs a total of...


Anonymous
Very useful material for studying!

Studypool
4.7
Trustpilot
4.5
Sitejabber
4.4

Related Tags