QUESTION
What should my friend do if they demand their money back and advise they are canceling their contract?
Asked on May 16th, 2014 on Personal Injury - New York
More details to this question:
She cooks custard puffs and discovers to use Sanitarium is good in her secret custard recipe. After enquirers finds out the custard glows because the secluded region in Japan where Sanitarium soy beans are grown has an extra mineral in the soil. She demonstrates the puffs and sign a contract for her to supply with 10,000 glowing custard puffs a year for 3 years at a premium price of $30,000 per year, give her $15,000 cheque as a down payment, advertise the puffs featuring the glow in the dark special mineral in their advertising flyers and buys $18,000 of new banking equipment. Later Sanitarium is forced to find other organic suppliers and her custard puffs, taste still delicious but no longer glow. It takes 2 years to rejuvenate the mountain goat population, grow soy crops.
2 ANSWERS
This is not a personal injury question - but a breach of contract issue; Here the person entered into a contractual relationship and detrimentally relied on that contract by investing in supplies for her business. When the company cancelled the agreement, they violated the contract terms and are liable for the monies due per this contract. The issue that the puffs no longer glow can be a factor and the opposing party will claim that it was a vital ingredient and a deciding factor in their contract with the baker, but she can counter that argument by arguing that the beans responsible for the glow are not under her control. It will also depend on the terms stipulated in the contract itself. Finally, and I presume that the company drafted the contract, the terms of the contract are going to be construed more favorable for the baker because contract law always holds the party who drafted the contract to a higher standard.
Answered on May 19th, 2014 at 9:55 AM
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This sounds suspiciously like a law school assignment question. If she promised to deliver 10,000 glow-in-the-dark custard puffs, then she'd better deliver 10,000 glow-in-the-dark custard puffs. Is there a time limit on when she is supposed to deliver them? Is there another source for this ingredient? Is there another way to make them glow in the dark? Is there a specification on how much they are supposed to glow?
Answered on May 19th, 2014 at 9:55 AM