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¶ … Sales
Packaging manufactured cellophane wrapping material that was used by Kern's bakery in packaging its product. Kern's decided to change its system for packaging cookies from a tied bread bag to a tray covered with printed cellophane wrapping. R-P took measurements to determine the appropriate size for the cellophane wrapping and designed the artwork to be printed on the wrapping. After agreeing that the artwork was satisfactory, Kern placed a verbal order for the cellophane at the cost of $13.000.When the printed wrapping material was received, Kern complained that it was too short for the trays and the artwork not centered. The material however, conformed exactly to the order placed by Kern. Kern returned the material to R-P by Overnight Express. R-P sued Kern. Kern claimed that because there was no written contract, the suit was barred by the statute of frauds. What result? Consider: Effect of noncompliance, exceptions to Requirement of Writing
When asked, must a contract be in writing, one must consider nature and subject matter of the contract. "If you orally agree to purchase your brother's 1988 Ferrari that is in "mint condition" for $25,999.99, that agreement is legal."...
That is why, as "a general rule, however, it is wiser to have the terms written in understandable language - plain English -- to save future misinterpretations and errors. (Must a Contract Be in Writing? 2004) Alas, in this case, only the sales contract exists as contractual, factual evidence that something was agreed upon between the seller and the requester of the cellophane packaging order.
Most states have laws called statutes of frauds, listing the types of contracts that must be written in order to be enforceable, else effects of noncompliance will be enforced against the offending party, forcing them to comply with the terms of the contract, or, if they cannot so comply, then make restitution to the offended party. The purpose of such statutes of frauds is to prevent fraudulent claims from arising, in other words, fraudulent allegations of verbal contracts between aggrieved parties.
Although the laws vary from state-to-state, the most common examples of contracts that generally must be in writing are: sales of real property (such as real estate or cars); promises to…
Work Cited
Are there different kinds of acceptance? (2004) Retrieved November 22, 2004 at http://law.freeadvice.com/general_practice/contract_law/kind_acceptance.htm
Does a Contract have to be notarized? (2004) Retrieved November 22, 2004 at http://law.freeadvice.com/general_practice/contract_law/contract_notarized.htm
What is the performance of a contract -- Must a Contract Be in Writing? (2004) Retrieved November 22, 2004 at http://law.freeadvice.com/general_practice/contract_law/performance_contract.htm
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By doing this, everyone wins; these authors have made an excellent discovery in presenting this material to the reader/student. Critique of "Stars in the Making" For all of the attributes of Harris' article, there are some fair critiques that could be made of the article from several points-of-view. With this in mind, these critiques are offered not as a means of saying that Harris' article is not well written from several
Since the 1970s, the global retail clothing industry has experienced intense international competition and major shifts in the pattern of consumer demand. These pressures have had far-reaching implications for the clothing industry in the areas of pricing, design, quality, manufacturing processes and employment (Rath, 2002). According to this author, "In the 1970s, traditional manufacturers, particularly High Street retailers with their own manufacturing capacity, found themselves unable to compete with low
Sales Strategies: These are simply the strategies that help the sales staff know how it would go about achieving its targets. There is usually more than one strategy at work at any given time. For example Kudler can use direct marketing, door to door selling, fairs and events to promote its products. In many affluent areas, there are large malls that people gather at for fun, shopping and eating out. This
In markets where change is a constant -- an increasing state of affairs for many markets and industries in the modern era -- the complexities of the many factors affecting and influencing sales efficacy must be properly accounted for by sales leaders and communicated to sales teams in order for continued adjustments to sales strategy and techniques to remain effective (LaForge 2005). Collaboration must be fostered in the sales
In contrast to the field study approach used by the University of Michigan researchers, the Ohio State studies used a series of questionnaires administered to both military and civilian personnel. Based on their findings, the researchers at Ohio State found that "subordinates perceived their supervisor's behavior primarily in terms of two broadly defined categories labeled 'consideration' and 'initiating' structure. These two types of behavior were relatively independent which means
Sales Cooperation and the market for IT service provider In case of different service providers, headings remain the same, whilst the only change is the factors. Based on the service being provided and kind of services, for instance IT service providers, a broad range of macro environmental factors are pertinent. Hence, service providers generally fine tune the factors based on their personal service profile. In case of micro environment, different service providers