Monday, May 27, 2019
Minor Signs Contract
As I have got been doing credit line with outwear on a steady basis. I would consider us to be in an Implied narrow down situation. Subtask, Brenna, Browne (2009) defines an implied contract as established by the conduct of a party rather than by the partys pen or spoken words (p. 240) so I would want to remain liable and fair in my decisions moving forward. I would still move forward with doing business with the company in Connecticut. As we do not have a contract that states I will forget a certain amount of output for so many years or length of judgment of conviction.I would notify endure in written notice that I will no longer be able to provide the Supporting products to him after a fair and reasonable amount of time. I would again offer suggestions of other local distributors so Don could reach out and still continue selling the product in his business. I would also speak with the Connecticut Company to see if could add an amendment to my contract to still be able to provide Don a small local business the ability to remain selling the product I provide to him at the normal status quo. Don would most likely try and sue for breach of contract as he feels he has a effectual ND binding dominatements contract. Unfortunately, contracts made by minors are avoidable and can be dissatisfied by the minor at any time before the minor becomes of a majority age or shortly thereafter (Subtask et al. 2009, p. 254). As an ethical business person Don should have neer asked my minor son to sign a contract. Don should have presented the contract directly to me as the owner of the business he was purchasing from. Spiritually Dons ingenuousness and integrity is also brought into question and would have reservations about continuing doing business with anemone who Is willing to be so deceiving In his business practices.My Christian beliefs have taught me we Do not steal. Do not deceive or cheat one another (New Living Translation, Leviticus 1911). I really dont a ppreciate Don as a fellow Christian treating me this way and not coming to me directly regarding the contract he had my son sign. I think Don whitethorn be someone who Longs to be rich fall into temptation and are trapped by many foolish and harmful desires that plunge them into ruin and destruction. For the sleep with of money is the root of all kinds of evil. And some people, craving money, have wandered from the true faith and pierced themselves with many sorrows. New Living Translation, 1 Timothy, & 610) I also believe Don committed a form of criminal fraud described by Subtask as the intentional use of some straighten out of misrepresentation to gain an advantage over another party (2009). Subtask et al. (2009) also gives several examples of common fraudulent acts but the one that fits this situation best is counterfeit pretenses, a de write misrepresentation of existing facts or conditions by which a person obtains anothers money or goods, such as writing of a unserviceabl e check (p. 155). In this scenario Its having my son sign a contract to try and guarantee the price of the products Don Is purchasing.In my understating of the covenants of good faith and fair dealings as long as I continue to supply the requested product until I have given reasonable notice to end services I can remain legal under the uniform Commercial Code (USC). 2-201. Formal Requirements Statute of Frauds. (1) Except as otherwise provided in this section a contract for the sale of goods for the price of $500 or more is not enforceable by way or sale has been made between the parties and signed by the party against whom enforcement is sought or by this authorized agent or broker.A writing is not insufficient because it omits or incorrectly states a enclosure agreed upon but the contract is not enforceable under this paragraph beyond the quantity of goods shown in such writing. (Subtask et al. , 2009, p. 764) According to these terms under the USC, it would require us to have a legal contract in writing by an authorized agent or broker, which my minor son is not, again making his requirements contract not enforceable. It also says contract or not I would only be held responsible for any goods beyond what would be in the written documentation.Since we do not have a valid contract stating these terms, there is no reason why I cannot stop selling my products to him with a reasonable amount of notification offered. Don along with fighting for Breach of contract is probably trying to receive some form of remedies for the alleged breach of contract. Remedies for a breach of contract are generally classified according to whether the plaintiff requests monetary damages (legal remedies) or non-monetary images (equitable remedies).
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