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Foodmart Inc.

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Submitted By Quan
Words 1474
Pages 6
Foodmart Inc., Paper
Zelda Anderson, Shaquan Bozeman, Maria Lovell, Lashawda Jones, Ali Gurley
BUS/415
March 13, 2012
Professor Michele Riley

In scenario one many issues are in question such as whether this contract was legally formed, if the contract was assignable or if the contract was disregard and what the appropriate standards is for the non-breaching party. They need to take a look at the contract and decide if the contract was an acceptance and consideration. After reading the scenario the contract does not show any formation process, it also does not show whether the contract is valid between the two companies. In order for Foodmart to sue Masterpiece construction they must first establish that the contract ever existed. Masterpiece could avoid the liability under the contract by proving that no legal contract was clearly defined. If no contract was formed to where Foodmart accepted the terms then the offer could be different. The facts in this case do not indicate whether the contract between Foodmart and Masterpiece was assignable or not. Even if a contract is held to be non-assignable, most jurisdictions will usual not grant the change of a specific performance. If Foodmart petitioned the court for an injunction and sue Masterpiece for the breach in contract and the specific performance they will lose. Foodmart could win against the case if they sue only under the breach of contract. Masterpiece argues that they had the right to delegate the contract, and build poor work. Masterpiece must show that their work performance was poor quality do to example: not enough materials or maybe the worksite was flooded. The only facts that Masterpiece show is that they had an increase in an unexpected workload. By accepting more than one job which they could not fulfill, does not mean that they had to finish the job in an unsatisfactory manner, this

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