Mediation Memorandum

TO: Alexis Fairchild, Mediator

FROM: Marshall Petersen, Plaintiff

DATE: June 12, 2017

SUBJECT: Breach of Contract

Contracts show a business agreement between two or more parties of something(s) specific. However, no contract was initiated in the beginning. In this case, a possible option would have been that “Contract parties have agreed the time of goods delivery based on the agreement that was reached between them” (Belegu, 2014, p. 353). When business began to increase a contract was formed between the two parties. Regardless, of when, where, or how the contract was developed an agreement still occurred with expectations and requirements. The courts may view the contract as a legal nullity but it is more significant than what it may seem to perceive.

Facts of the case

Marshall Peterson agreed to conduct business with a family’s produce company by promoting the grapes produced by the company. Peterson became interested in purchasing more grape items once realizing they were popular amongst customers. Ordering and advertising the Muscadine products increased rapidly and consistently. Although, some payments were not made on time, overall the products received were paid in full to the family’s produce company. When the deliveryman delivered the last order, a contract was given to him to sign regarding a guaranteed price schedule of current payments. However, the family’s produce company decided to accept another offer from another company, wanting to discontinue business with Marshall Peterson after the contract was signed.

Contract(s) at issue – summarize material terms

The contract was written and unilateral. At the time of service being delivered, a written contract was given to the deliveryman who works for the family’ produce company. Because Peterson gave the deliveryman a basic oral explanation of the requirements of the contract of guaranteed price schedule of same payments and the deliveryman agreed to the contract by signing it, it became unilateral. The contract was given back by the deliveryman after signing it. In addition, the deliveryman did not ask for a copy of the contract that he signed.

Legal issues

The family’s produce company breached the contract. Although, the deliveryman was 17 years old he did not appear to be mentally incompetent of understanding the written contract. Because the contract was signed and the family’s produce company refused to uphold the consequences it resulted as a breach of contract.

Requested remedies

Conditions under which settlement may be achieved (where compromise is possible)

Scriptural support (incorporated throughout)