Memorandum

Comment by Allen Miller: The page number needs to appear in the upper right corner on the title page as well. In order for a header to appear correctly and automatically on every page, you must use Microsoft Word’s header tool. To learn how to make an APA-formatted header, you might wish to view the “APA Title Page” tutorial (https://www.youtube.com/watch?v=eOo5lL2cazA&feature=youtu.be) and “APA Style Basic Setup” (https://academicwriter-apa-org.libauth.purdueglobal.edu/learn/browse/QG-23).

Cardigan History

Marilyn Tangonan

LS 311- Business Law

Professor Sait Reese Tarhan

Sonya Shazam owns and leads Shazam Clothing Industries. Camille on the other hand is the mother of CARDWARE, CEO, Cassandra and often consults for new ideas as well as marketing. Both Sonya and Camille discuss Camille’s idea regarding the hat and the sweater combination. During their discussion, Sonya agrees to make the sweaters at a price set at $100.00. Adversely, Camille selects yarn and dye lots. A valid contract is supposed to have four elements of formation which are; an agreement that is offer and acceptance, it should be supported by legally sufficient consideration, it should be for a legal purpose and finally made by parties who have the capacity to get into the contract. According to this information, the learner then believes that the contract was made. Camille created an offer by asking for a certain combination of sweater and hats for a specific price. She even made it her duty to select the yarn as well as the dye lots that she wanted them used in her creation. All the parties were not under any duress or any influence to make the contract voidable. Comment by Allen Miller: The title needs to appear at the top of the first page of text, centered. Comment by Allen Miller: This word means “in opposition to,” but Camille is not acting in opposition to Sonya. Comment by Allen Miller: Write each of the elements as a separate sentence rather than trying to list them all in one sentence. Comment by Allen Miller: No semicolon Comment by Allen Miller: Is your instructor requiring you to use this? If not it would be better to leave it out. You can write still write this without first person. According to this information, a contract was made. Your name is on the paper, so the reader knows that this is your opinion. You do not need “I believe” or “the learner believes.”

The learner fails to believe that any key parts of the initial offer were missing. Additionally, a signature was missing and this may help to come up with a more binding agreement but then a signature is not so explicit in the creation of a contract. “The party’s agreement may also be inferred from a letter or other writing, as well as from some verbal communication” (Miller, 2012, p. 156). Sonya forgot to collect a deposit, but this does not negate the contract. This only means that she failed to secure a way of purchasing supplies before the items were delivered. Miller, 2012, p. 202 explains that a party that is in good faith performs sustainability all of the terms of a contract has the ability to enforce the contract against the other party who is involved under the doctrine of a performance that is substantial. Comment by Allen Miller: Do you mean a signature is not required? Comment by Allen Miller: Miller (2012) explains… Knowing what to include in a parenthetical citation takes practice, especially because citation formats vary for different kinds of references. Writers rarely memorize these different formats, preferring instead to keep their style guides and tutorials handy. You will want to do the same! Here are two helpful tutorials for you to use (and save if you wish!): https://campus.PurdueGlobal.edu/MyStudies/AcademicSupportCenter/WritingCenter/WritingReferenceLibrary/ResearchCitationAndPlagiarism/BasicCitationGuidelines.aspx and https://campus.PurdueGlobal.edu/MyStudies/AcademicSupportCenter/WritingCenter/WritingReferenceLibrary/ResearchCitationAndPlagiarism/CommonCitationsInAPAformat.aspx. Comment by Allen Miller: substantially

The fact that these two set up a meeting is a clear indication that they had had a previous conversation and this may look like their usual way of carrying out their businesses. The two of them were expecting something out of the transaction that was being done. According to (Delong, 2015, p.131) explains that in a bargain that is voluntary and informed, the promise is supposed to value the promised performance more than the consideration are valued and the promisor is also supposed to value the considerations more highly that the way that it values the cost of making as well as working on the promise. Camille is supposed to have contacted Sonya after their meeting so that the contract can be cancelled before the goods were delivered but she did not do it. In case the creation of the sweaters was underway or the supplies had already been bought, Camille was still liable for the repudiation. Comment by Allen Miller: This does not make sense. Try to write in simple, direct sentences.

In case Sonya brought her suit against CARDWARE INC. there are things that were supposed to be considered. Sonya finished her end of bargain with Camille and notably she did not also breach the contract. However, Camille breached contract because she refused to pay for the goods that she had requested. On the contrary, if Sonya failed to design the products as they had been explained the breach is supposed to have been on Sonya’s part and Camille had the power to reject the products. Notably, there is no part that is mentioned that the goods were not produced according to the way Camille wanted them. Comment by Allen Miller: This did not happen so why mention it?

One consideration is the ability of Camille to enter into business deals on behalf of CARDWARE. According to how her duties are described, she is not allowed to enter into contracts but rather to only provide ideas for clothing and marketing. In this case, Camille is acting as the business’s third party. There is no way that CARDWARE can be held responsible for Camille’s actions. Sonya has no option but to sue Camille. This is due to the fact that a case could be created that Sonya was coerced to believe that Camille was representing the company. it could also be concluded that there had been previous business between the two where Camille was acting as a representative of CARDWARE. Comment by Allen Miller: If this is true then how can CARDWARE not be held liable as well?

Reference: Comment by Allen Miller: References No colon

DeLong, S. W. (2015). WHAT IS A CONTRACT?. South Carolina Law Review, 67(1), Comment by Allen Miller: This should not be all capital letters. Comment by Allen Miller: italics

99-161.