Law

Cardigan History

The Cardigan family has made a name for themselves in the sweater industry whereby they have designed sweaters for a variety of uses and for a wide target audience ranging from toddlers to business professionals. Cassandra, whom everyone calls Cassie, is the CEO of CARDWARE Inc., Camoni is the spokesperson for the sweater line, and Candie models the lines in the professional sphere. They often use their mother, Camille, as a business consultant for input about various new ideas and marketing because she was the manager and agent of her son’s glove company. Cora and Caley, Camille’s two youngest daughters from her second failed marriage to Bo Jenkins, are co-office managers of their headquarters located in Silkadonia.

Camille has developed a good network among those in the fashion industry, especially the seamstresses who have been hired by well-known celebrities. One day, Camille spoke with Sonya, the owner and Lead Seamstress for Shazam Clothing Industries. Shazam is a leading manufacturer of unique limited edition clothes in Silkadonia. Camille presented Sonya with her order to sew a limited number (500) of hot pink and black machine knitted sweaters with a matching knit hat. Each sweater was to have a number and Candie Cardigan’s signature on a label sewn onto the bottom right side of the sweater. The hats would have the same label with matching number to its sweater, but sewn on the right side of the turned up hat cuff. Sonya agreed to make each sweater and hat pair for $100. Camille’s plan was to sell each set for $300 thereby making a $200 profit per set. While discussing the type of yarn to be used, Sonya’s cell phone rang. Sonya pushed a piece of paper and a color palette towards Camille and whispered “write the type of yarn you want used and exact dye lots” and I will begin work on this right away. Camille did as requested, but forgot to give Sonya the traditional 25 % down payment. The down payment has always been used to purchase the materials.

Sonya completed production of all 500 sweaters in record time and has presented Camille with an invoice for payment for the same. At the bottom of the invoice, the words, “Payment Due Upon Receipt” were written. Camille changed her mind about wanting the sweaters and hats, as she decided that the items would not be as profitable as originally anticipated. Sonya now comes to the law firm you work for, P. Strami, and Hammond, Attorneys at Law, and wants to know if she has any recourse. Attorney Strami hands you the following instructions and asks that you draft a memorandum to him incorporating your research.

Dear Paralegal:

Please prepare a 2–3-page double-spaced memorandum in size 12 Times New Roman font discussing the following in the order presented:

-Please determine whether or not a contract has been formed using the basic contract principles of offer, acceptance, and consideration. State whether or not any of the crucial parts of the initial offer may be missing.

-Further, please research whether or not Camille and Sonya’s prior course of dealings has an impact on the parties’ communications and whether or not Sonya would be successful against CARDWARE Inc. should a breach of contract lawsuit be brought against her.

-Do not forget to provide your legal research within your memorandum. You may use case law to make comparisons, your textbook, and reliable Internet research to provide in-text citations for your work. Do not use Wikipedia.

Prepare your memorandum paying particular attention to the following:

-For confidentiality reasons, please prepare an APA formatted cover sheet with your memorandum. Do not forget to indicate which unit the Assignment is for.

-Be sure to avoid the use of first person. Instead, convey your research utilizing third person.

-Be sure to discuss any ethical perspectives/concerns with regard to the parties’ communications.

ANSWER

LEGAL MEMORANDUM

TO: Attorney Strami, P.Strami & Hammond Attorneys at Law

FROM: YOUR NAME

RE: Breach of contract claim – Sonya, owner Shazam Clothing Industries

DATE: August 16, 2021

QUESTION PRESENTED

Under Silkadonia law, ¹ did Sonya, Owner of Shazam Clothing Industries get into a valid and binding contract with Camille Cardigan, consultant at Card ware Inc. that the first party would be compensated in monetary terms of $100 per unit pair upon completion?

BRIEF ANSWER

Yes. Where in the context of both parties’ agreement, the oral contract adhered to the basic principles of offer, acceptance and consideration.

STATEMENT OF FACTS

Camille Cardigan presented Sonya with a clothing manufacturing order for 500 units for hot pink and black sweaters with matching knit hats. Sonya agreed to say proposal with a compensation price of $100 per unit pair. Camille further selected specifications for her placed order regarding yarn type and dye dots. Camille, did not however put down 25% as down payment and upon completion of agreed 500 units by Sonya on a well-timed deadline, Camille withheld compensation upon being presented with a payment invoice.

Sonya now inquires if Camille has any contractual obligation under these circumstances.

DISCUSSION

In this case, no crucial contact principles of both parties’ initial offer are missing. Should Card ware Inc. seek to file a lawsuit against Sonya, Owner of Shazam Clothing Industries, it would not be successful. Sonya did not breach either material or minor breach in the contract² by delivering exactly on time and the agreed number. As she was speaking on phone, she still actively took part in the agreement by inquiring Camille’s preferences. Camille’s and Sonya’s prior companionship should not act as a deterrent for either party to not fully understand the communication through which they got into a contract agreement initially.

CONCLUSION

Based on solid given facts, there is a high probable chance the court will find that the claimant has given well backed evidence for breach of contract³ because the second party did not constitute an offer, but merely refused to pay for units delivered, which was unethical and unprofessional.

RESEARCH CHECKLIST

1. The legal national law of Silkadonia governing contract agreements
2. The Judicial Education Center course book, The University of New Mexico
3. Cronus Law, PLLC – similar previous case law comparison for contract breaches