Family Grape Producers: Case Study

Improved Essays
As requested for consideration in mediating my breach of contract lawsuit against Family Grape Producers, the following outlines the facts:

• Case Facts
• Material Terms of Contract at Issue
• Legal Concerns
• Requested Remedies
• Conditions for Achievement of Settlement

Case Facts

The relationship between myself and Nemeth Family Produce (NFP) began with a discussion at a religious service between Lora Lee Nemeth of NFP and myself. At the time of our first meeting, Lora Lee Nemeth led a religious class, which my wife Gloria suggested I attend. During this class, Mrs. Nemeth introduced biblical concepts from Matthew 7, where Jesus instructs His followers to treat other people, as they would have others treat them. After the class was
…show more content…
This contract was given to Mrs. Nemeth’s son, who has been responsible for delivering both the orders and invoices throughout our business dealings. Raising no objections to this contract, NFP’s acceptance of this written contract was demonstrated through the continued fulfillment of orders. At a later date, Mrs. Nemeth notified me of NFP’s intent to discontinue providing Muscadine grapes to my company based on a better offer for their company. During this conversation, I notified Mrs. Nemeth of my concern, as NFP’s failure to continue supplying this product at the contracted prices and timeframe required would be considered a breach of contract. In addition, another copy of the written contract was faxed to Mrs. Nemeth at this …show more content…
When a breach of contract occurs, the act is more of a breach of trust, as the seller must trust that the buyer will not back out of purchasing inventory and the buyer must trust that the seller will provide the specific quantity needed in a timely fashion. While acting on good faith in contracting is a legal concern, this breach is also a moral concern.

Since this was a new company to me, the faith I placed in Mrs. Nemeth and NFP to enter into a business relationship was based on trust, which resulted in my assuming her reliance on Christian principles. While I was just a first-time attender of these religious services, the moral authority seen in her position as a biblical teacher contributed to my company’s decision to enter into this contract. Mrs. Nemeth’s decision to cancel this contract without just cause would seem to be against her own teachings. In the initial lesson, Mrs. Nemeth spoke of Jesus instructing the people to love their neighbor better than themselves. In this talk, Mrs. Nemeth also referred to noted theologian Matthew Henry (1706), who called this passage a rule of equity and necessary for justice. The act of reneging on a contract because a better offer becomes available does not seem to follow this moral code. In the secular world, the theory of efficiency caused by breaching

Related Documents

  • Great Essays

    The court decided the contract was a sale of services and was enforceable because the agreement consisted of a…

    • 1318 Words
    • 5 Pages
    Great Essays
  • Improved Essays

    Ronald Vaden V

    • 904 Words
    • 4 Pages

    Case Name and Citation NUNN vs. MASSACHUSETTS CASUALTY INSURANCE COMPANY 743 F.3d 365 (2014) Court of Appeals Second Circuit Summary of the Key Facts in the Case Ronald Nunn and Donald Vaden are former National Basketball Association referees. In September 1996, both plaintiffs were taking part in a referee training camp that was located in New Jersey and attended a union meeting that was hosted by the National Basketball Referees Association.…

    • 904 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    Cynthia Walker v. John A. Lahoski, et al. Critical Thinking Regardless of the dispute of any business transaction there must be a contract, the contract should be a written contract over a verbal contract. This way you will have a clear description of what each party’s intentions and expectations are well both parties are in agreement.…

    • 572 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    Carter V. Tokai Financial Services, Inc. In the case, it follows Randy P. Carter and Tokai Financial services, Inc. where Tokai sued Carter for money that was not given under a lease agreement that the two had entered. It as stated that ARC made 4 of the rental payments before they defaulted on the obligation they had with Tokai. Following the ceasing of payment, Tokai the repossessed the equipment and sold it for $5,900. After the sale, Tokai brought a suit against in which they were awarded $56,675.74.…

    • 723 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    Id. at 388. The two parties entered into a written contract for the sale of 120 acres of “Old Satcher Place”. Id. at 389. The description omitted the county and state of the land. In addition, the contract made no mention of the deed that was supposed to be executed in the sale.…

    • 1239 Words
    • 5 Pages
    Improved Essays
  • Superior Essays

    The Grape family includes Gilbert, Amy, Arnie, Ellen and Larry who are all siblings. Their parents, Bonnie and Arnie, have both passed away. The family lives in a small rural community named Endora, without much income and resources. The family is trying to transition into a better life and start over new after the passing of their mother and losing their house to a fire.…

    • 1419 Words
    • 6 Pages
    Superior Essays
  • Improved Essays

    Contracts Discussion Board Forum 2 Marlene C. Johnson Liberty University Contracts Discussion Board Forum 2 In this assignment, we will discuss the state of affairs with Don and Dana Willetts. Don Willetts, a non-Christian began visiting my Sunday school class. After getting to know each other, we have come to realize that we both had similar business interests that would benefit each other. As the business relationship progressed, he had my 17 year old sign a “formality” agreement unbeknownst to myself.…

    • 892 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    I / Organisation Overview A / Southern Peninsula Wines mission & Vision The Southern Peninsula Wines is a family business owned and managed by two brothers with Italian heritage. They want to create a business entity that will last towards generation to be carry on, based on high distinctive quality products, reinforced by strong bonds with their partners and customers.…

    • 778 Words
    • 4 Pages
    Improved Essays
  • Superior Essays

    CASE WRITE-UP Name: S Jayashree Roll#: 1610038 Section: - Date: 02-02-2017 Case title: Birds Eye and the UK frozen food industry Answer 1. Various reasons for vertical integration are as below- • Develop market potential: During 1950’s and early1960’s, the frozen food industry was in its nascent stage. There was not much infrastructural development nor was there adequate availability of raw material suppliers, distributors or retailers. The company had to create new market for itself by leveraging the available resources at hand. The farmers required help with better farming practices and investments in harvesting equipment.…

    • 969 Words
    • 4 Pages
    Superior Essays
  • Superior Essays

    Purpose The Wounded Healer: Ministry in Contemporary Society is written by Henri Nouwen. Henri Nouwen was much more than an author, he was also a priest, teacher, theologian, and writer who was fluent in five languages. He was born in Holland and became an ordained priest at the age of 25. Nouwen earned a degree in psychology at the Catholic University of Nijmegen and moved to the United states at 32 to continue to further his studies.…

    • 1748 Words
    • 7 Pages
    Superior Essays
  • Decent Essays

    Law 531 Week 3 Quiz

    • 393 Words
    • 2 Pages

    However, the contract was breached. Decision: Perret will be successful in her suit against National because Ferrara was authorized to act on behalf of…

    • 393 Words
    • 2 Pages
    Decent Essays
  • Improved Essays

    Case 13.3 Kohel v. Bergen Auto Enterprises, LLC Superior Court of New Jersey, Appellate Division, 2013. 2013 WL 439970. Issue: This case involved allegations of breach of contract involving which parties and for what actions?…

    • 508 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    Family Description 1. Roles: The Grape family is composed of five members: The mother, Bonnie, the older sister, Ellen, the older brother, Gilbert, the younger sister, Amy, and the younger brother, Arnie. 2. Power Structures: The older sister, Ellen, has taken on the role of a mother-figure, especially since their father died. Upon the death of Mr. Grape, Bonnie Grape has become morbidly obese and is incapable of taking care of the family. Ellen has taken on the responsibilities of doing the cooking and cleaning for the Grape family.…

    • 1589 Words
    • 6 Pages
    Improved Essays
  • Great Essays

    The article thus requires compensation to the parties of the contract after an appropriate legal follow has been made to determine the party who breached the contract. The most likely outcome of the case is that Letisha may be required to pay damages due to breach of contract. Looking at the case with a legal and industrial relationship perspective it is evident that Letisha breached the contract but several remedies are available for the breach of contract given that the terms were not clear to…

    • 1501 Words
    • 7 Pages
    Great Essays
  • Improved Essays

    Horne had been employed as Managing Director of Gilford Motors. In his employment contract, he had agreed to a “non-compete” clause, this is to prevent him from leaving Gilford Motors and setting up in opposition to it. Under the contract, he was subject to a contractual agreement not to solicit customers of Gilford Motors. After he resigned, he set up a new company which attempted to do so. The proof showed that Mr. Gilford was concerned that, in doing so, he maybe in breach of his contract not to solicit Gilford’s customers.…

    • 897 Words
    • 4 Pages
    Improved Essays

Related Topics