Foodmart Inc

In: Business and Management

Submitted By dav428cos
Words 1043
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Foodmart Inc

April 04, 2012

Foodmart Inc An agreement or contracts are critical aspect while working with a company or business matter. A contract is a binding legal agreement between two parties to agree on the same terms or making a deal agreeing to the conditions set forth by both parties. There are several types of contracts that include implied, oral, and written. If there is a misrepresentation, fraud, or made under duress, the contract can be voided or canceled. Scenario One Foodmart is suing Masterpiece Construction Company for a breach of contract because Foodmart was unaware of the subcontracting issues from Masterpiece. The contract was made for Masterpiece Construction Company to finish the renovations by or within six month. Masterpiece Construction Company hired Build Them to Fall Construction to complete the job, but Masterpiece did not due to their homework before hiring this company. The quality of work was poor and the completion date was not done in six months. Food mart petitioned the court for an injunction and sued for a breach of contract for specific performance. The contract had specific performance that needed to be done and a time limit for completion. Masterpiece Construction Company should have notified Foodmart of any changes that occur or will occur. Masterpiece had a contract promising to renovate the store and had contractual duties to inform the other party. Cheeseman said “If a contractual duty has not been discharged (i.e., terminated) or excused (i.e., relieved of legal liability), the contracting party owes an absolute duty (i.e., covenant) to perform the duty (Cheeseman, 2010). This lawsuit falls under a material breach suit. Masterpiece would argue the Force Majeure clause that states a clause in a contract in which the parties specify certain events that will excuse nonperformance.…...

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