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Legal Advice for Cardigan's Situation
Attorney Strami
Strami and Hammond, Attorneys at Law
Cardigan's Contract Situation
A contract can be described as an agreement between two or more parties that generate obligations that are enforceable by law. Since contracts are promises enforceable by law, there are legal provisions that offer remedies or recourse if contractual obligations are breached. In order for contracts to be legally binding, they must entail exchange of a promise for sufficient consideration. The basic principles of formation of a contract include the existence of an offer, acceptance, and consideration. The determination of contractual obligations requires examining whether these principles exist in the specific situation.
Existence of a Contract
The major issue surrounding Camille and Sonya's situation is whether or not a contract was formed based on the basic contract principles of offer, acceptance, and consideration. Based on these basic contract principles, a contract has been formed between Camille and Sonya. It is quite evident that there was an offer made by Camille for Sonya to sew 500 unique sweaters and hat pair with Candie Cardigan's signature. This offer presented to Sonya involved exchange of a promise for enough consideration, which implied that it was legally binding ("Contract," n.d.). Secondly, there was acceptance of the offer since Sonya agreed to make every sweater and hat pair for $100. Third, there was consideration because Sonya agreed to work on the contract right away despite lack of down payment while Camille was planning to sell each pair of sweater and hat at $300. This implies that Camille and Sonya received valuable consideration for fulfilling their respective sides of the agreement. The crucial part of the initial offer...
While common terms may be included in the course of the dealings and formation of the contract, there are evidential problems when they are not written down as shown in Camille and Sonya's situation. In this situation, it is evident that the contract was formed based on terms and conditions used in previous dealings. As a result, the parties did not discuss the terms and conditions of the new contract but proceeded on the expectation that the terms did not change.
The previous course of dealings had a significant impact on the parties' communications and eventually contributed to the dilemma. One of the impacts of prior dealings on the parties' communication is that it contributed to the assumption that previous terms and conditions applied to the new contract. Consequently, the parties did not discuss all issues relating to the contract, especially the modalities of payment. Secondly, prior course of dealings contributed to poor communication since Sonya answered another phone call and interfered with the ongoing discussions with Camille and resulted in communication breakdown.
Breach of Contract Lawsuit
Given the current situation, there is likelihood of either party to file a breach of contract lawsuit against the other. Sonya would be successful in a breach of contract lawsuit is brought against her by CARDWARE Inc. Her success in such a lawsuit would emerge from the fact that she honored or fulfilled her contractual obligations…
References
"Contract." (n.d.). Legal Information Institute. Retrieved from Cornell University Law School
website: https://www.law.cornell.edu/wex/contract
"Elements of a Contract." (n.d.). Judicial Educational Center. Retrieved from The University of New Mexico website: http://jec.unm.edu/education/online-training/contract-law-tutorial/contract-fundamentals-part-2
Izzi, M. (2014, March 14). Essential Elements of Breach of Contract. Retrieved September 18,
2015, from http://www.legalmatch.com/law-library/article/essential-elements-of-breach-of-contract.html
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