Foodmart, Inc.

Foodmart, Inc.

BUS/415

Monday, April 25, 2011

Doreen Smith, Esquire

Foodmart, Inc.

Contracts are an important part of business and are executed at various levels on a daily basis. According to Cheesman (2010), a contact is “a promise or a set of promises for the breach of which the law gives a remedy or the performance of which in some way recognize a duty” (p.156). This paper will examine several types of contracts in four scenarios involving Foodmart, Inc. that will identify the terms and conditions and evaluate the contract validity.

Scenario One

In the case where Food Mart Verses Masterpiece Construction, Masterpiece Construction is in court mainly about non performance of the contract with Food Mart. Masterpiece Construction is without a legal legitimate defense claim for material breach and non performance. The breach of contract is a material breach on the contract with Food Mart. The contract had a time limit and was to be completed at a specific date. To add to the material breach Masterpiece Construction workmanship is substandard due to hiring a subcontractor that has clearly performed substandard work. The issue is not really about Masterpiece Constructions right to hire a sub contractor on the job or the contracts is commercial impracticability the issue is the substandard work and the time frame that was promised and agreed to by Masterpiece construction under the contract.

Master Piece Construction entered into the contract with Food Mart. This contract agreed to the date of completion. There was a meeting of the minds between parties. There was an offer and acceptance between both parties. Certain commercial standards were expected by Food Mart of reasonable workmanship. Masterpiece Construction is the expert in the industry. Masterpiece Construction is responsible to provide adequate workmanship to the work to be completed under the contract. Who performed the work is immaterial. Masterpiece Construction entered into...