Mediation Memorandum: Case Study
While attending church, Mr. Eric Cole, grape producer and seller, and I, buyer and retailer, began talks concerning our businesses. After our initial discussions, Mr. Cole provided sample products for me to give to my customers. These products proved to be popular with my patrons. Consequently, I then purchased his products for my store. Initial purchases were placed …show more content…
Cole’s son sealed the deal and signed a contract to strengthen our venture. Consistent with previous purchases, this requirements contract ensured delivery and a guaranteed price schedule for the products. I firmly believe the contract was “fair, decent, and reasonable” and bound in good faith (Miller & Perry, 2013, para. 4). However, after national demand increased, Mr. Cole expressed a desire to back out of the contract to pursue greater profits from another business venture and held that he was unaware of our contract. Consequently, Mr. Cole breached the contract with an implied statement such that he did not intend to perform the contractual duties as promised. The issue with his intended breach is that the contract generated an expectation interest for my business due to the anticipated contract performance (Pryor, 2009, p. 723). Moreover, I invested in advertising to market those products based upon the goods I anticipated to receive. This intended breach of contract harmed my business due to the increased financial burden I incurred to market and sell the products. Furthermore, this issue has caused a cascading problem for my business because I have a demand for those products which may require me to find an alternative supplier to meet their …show more content…
Webb (2006) noted that damages can be awarded for “breach of the primary obligation to perform” (p. 47).
My first requested course of action notwithstanding, I am requesting compensatory damages as remedy for the breach of contract (Kubasek, Brennan, & Browne, 2015, p 274). I am seeking remedy pursuant to Uniform Commercial Code §2-711 (2002) to recover the financial losses directly related to what I anticipated to receive from our contract (LII, 2015c; Martin, 2015, p. 29; Pryor, 2009, p. 723).
Knobler (2012) asserted that “ [d]amages must be foreseeable, ascertainable, and unavoidable” (p. 426). I was reliant on the expected goods. I acted according to our contract and expected the goods to be delivered in good faith. The financial damage incurred was an unavoidable consequence of binding the contract. Therefore, I am also asking for the seller to pay for cover and additional damages (LII, 2015c; Martin, 2015, p. 29). Due to the pending necessity to purchase similar goods from an alternative supplier, I also desire to seek expectation damages to recoup any expenses required for a cover in accordance with Uniform Commercial Code §2-712 (2002) (LII, 2015d; Martin, 2015, p. 29). Lastly, I am requesting to recover damages incurred related to the future marketing in reference to Uniform Commercial Code §2-715 (2002) such that I made a significant financial investment to advertise the future