Jerry works as a sales representative for Viola, a pharmaceutical company. On December 10, 2021, Jerry...

 

Transcribed Image Text:

Jerry works as a sales representative for Viola, a pharmaceutical company. On December 10, 2021, Jerry was scheduled to have six important meetings with potential clients. On November 1", 2021, Jerry called NYC Tailors to order a suit, priced at $600. Kennan, the shop owner, who went to school with Jerry, promised him that his suit will be ready and delivered to him by November 30th, 2021. Jerry trusted Kennan so he never asked for an invoice. On November 30th, Kennan called Jerry to let him know that his suit is not ready because John, the shop's head tailor, got sick and could not complete the work. Kennan assured Jerry that his suit will be ready by December 5th. Jerry explained to Kennan that in his line of work, being dressed well is crucial and asked that Kennan would do everything he can to get the suit ready as soon as possible. On December 5th, Jerry called the shop and found out that his suit is still not ready. He rushed to Suits4U, a store that was recently opened across the street from NYC Tailors, and ordered a suit. Sophia, the store owner, promised him that his suit will be ready by December 7th but added that he will have to pay extra for the expedited service. She handed Jerry an invoice for $900, on which she noted "Blue suit, three-piece, delivery date: December 7th, 2021." On December 7th, Jerry picked up the suit from Suits4U. The suit was perfect except for the fact that it was black and not blue as promised. Because his important meetings were only 3 days away, Jerry did not want to risk not having a suit. He accepted the delivery but refused to pay the full price for the suit. Instead, he mailed Sophia a check for $750 and noted: "in full settlement." Sophia cashed the check. Later, Jerry also learned that Sophia and Kennan had an agreement under which Sophia will never open a competing store across the street from Kennan's shop. On December 9th, Jerry texted NYCLift, a car service. and asked for a car to pick him up the following morning at 8 am. He received a text minutes after, confirming that he successfully booked a pickup for 8 am. The car, however, never showed up, and Jerry ended up missing his first meeting (scheduled for 8:45 am). The potential profit had Jerry shown up and got the contract signed, was about $150,000 million for Viola and $4500 commission fee for Jerry. Jerry took the subway and got to his next meeting on time. In the next meeting with Light-Aid, a NY drugstore chain, he was able to secure a big sale of Viola's flagship product, all-natural herbs pills to treat mood swings. Light-Aid signed the contract in which it committed to purchasing 100,000 bottles of the pills per month. Jerry was thrilled and happily left Light-Aid's offices to go to his next meeting. Two days later, Light-Aid called Jerry and said they just learned that on December 9th, NY state passed a law against the sale of natural supplements to treat mood swings. At his next meeting with the family-owned drugstore "Jill's," Jerry was surprised to meet Dana. Dana was Jerry's classmate, who introduced him to his wife, Anne, at the end of their last semester in college. Jerry became emotional as he was sitting with Dana and bringing up memories from their college years. He then said, "Dana, you introduced me to my wife, and I will forever be grateful. I will now change the offer letter to reflect a 20% discount on the price previously offered as well as the inclusion of unlimited samples supply of our heartburn medications. Also, I personally commit to giving you 50% of the commission I make on this deal. Jerry took a napkin from a near coffee station and wrote: "I, Jerry, commit to share 50% of my expected commission on the Jill's deal with Dana, to return a favor to the wonderful person who introduced me to the love of my life ten years ago." Dana, who felt a bit uncomfortable, tried to tell Jerry that it wasn't necessary, but he kept insisting until she agreed, and they both signed the two contracts. During his last meeting with drugs wholesaler "The Healthy Way," Jerry felt that Leah, THW owner, is not persuaded and is likely to pass on the migraine treatment he was trying to sell to her. Jerry knew that this deal was very important and that he was expected to come back to his office with a signed agreement. Thus, Jerry was trying to think about ways to convince Leah to buy the product and sign the contract. At some point Jerry said, "Leah, our product is one of a kind in the market. Not only it treats migraines, it is also clinically proven to improve concentration and mitigate eating disorders." Leah, whose son suffered from both concentration difficulties and eating disorders, immediately agreed to buy the product and signed a purchase order of 250,000 bottles per month. She later learned that the product was merely a migraine treatment and had no proven success with concentration difficulties and/or eating disorders. 1. Discuss the different contract law claims under the fact pattern. Make sure to clearly identify: a. The parties in each case b. The legal issue c. The applicable legal rule d. A final conclusion. Jerry works as a sales representative for Viola, a pharmaceutical company. On December 10, 2021, Jerry was scheduled to have six important meetings with potential clients. On November 1", 2021, Jerry called NYC Tailors to order a suit, priced at $600. Kennan, the shop owner, who went to school with Jerry, promised him that his suit will be ready and delivered to him by November 30th, 2021. Jerry trusted Kennan so he never asked for an invoice. On November 30th, Kennan called Jerry to let him know that his suit is not ready because John, the shop's head tailor, got sick and could not complete the work. Kennan assured Jerry that his suit will be ready by December 5th. Jerry explained to Kennan that in his line of work, being dressed well is crucial and asked that Kennan would do everything he can to get the suit ready as soon as possible. On December 5th, Jerry called the shop and found out that his suit is still not ready. He rushed to Suits4U, a store that was recently opened across the street from NYC Tailors, and ordered a suit. Sophia, the store owner, promised him that his suit will be ready by December 7th but added that he will have to pay extra for the expedited service. She handed Jerry an invoice for $900, on which she noted "Blue suit, three-piece, delivery date: December 7th, 2021." On December 7th, Jerry picked up the suit from Suits4U. The suit was perfect except for the fact that it was black and not blue as promised. Because his important meetings were only 3 days away, Jerry did not want to risk not having a suit. He accepted the delivery but refused to pay the full price for the suit. Instead, he mailed Sophia a check for $750 and noted: "in full settlement." Sophia cashed the check. Later, Jerry also learned that Sophia and Kennan had an agreement under which Sophia will never open a competing store across the street from Kennan's shop. On December 9th, Jerry texted NYCLift, a car service. and asked for a car to pick him up the following morning at 8 am. He received a text minutes after, confirming that he successfully booked a pickup for 8 am. The car, however, never showed up, and Jerry ended up missing his first meeting (scheduled for 8:45 am). The potential profit had Jerry shown up and got the contract signed, was about $150,000 million for Viola and $4500 commission fee for Jerry. Jerry took the subway and got to his next meeting on time. In the next meeting with Light-Aid, a NY drugstore chain, he was able to secure a big sale of Viola's flagship product, all-natural herbs pills to treat mood swings. Light-Aid signed the contract in which it committed to purchasing 100,000 bottles of the pills per month. Jerry was thrilled and happily left Light-Aid's offices to go to his next meeting. Two days later, Light-Aid called Jerry and said they just learned that on December 9th, NY state passed a law against the sale of natural supplements to treat mood swings. At his next meeting with the family-owned drugstore "Jill's," Jerry was surprised to meet Dana. Dana was Jerry's classmate, who introduced him to his wife, Anne, at the end of their last semester in college. Jerry became emotional as he was sitting with Dana and bringing up memories from their college years. He then said, "Dana, you introduced me to my wife, and I will forever be grateful. I will now change the offer letter to reflect a 20% discount on the price previously offered as well as the inclusion of unlimited samples supply of our heartburn medications. Also, I personally commit to giving you 50% of the commission I make on this deal. Jerry took a napkin from a near coffee station and wrote: "I, Jerry, commit to share 50% of my expected commission on the Jill's deal with Dana, to return a favor to the wonderful person who introduced me to the love of my life ten years ago." Dana, who felt a bit uncomfortable, tried to tell Jerry that it wasn't necessary, but he kept insisting until she agreed, and they both signed the two contracts. During his last meeting with drugs wholesaler "The Healthy Way," Jerry felt that Leah, THW owner, is not persuaded and is likely to pass on the migraine treatment he was trying to sell to her. Jerry knew that this deal was very important and that he was expected to come back to his office with a signed agreement. Thus, Jerry was trying to think about ways to convince Leah to buy the product and sign the contract. At some point Jerry said, "Leah, our product is one of a kind in the market. Not only it treats migraines, it is also clinically proven to improve concentration and mitigate eating disorders." Leah, whose son suffered from both concentration difficulties and eating disorders, immediately agreed to buy the product and signed a purchase order of 250,000 bottles per month. She later learned that the product was merely a migraine treatment and had no proven success with concentration difficulties and/or eating disorders. 1. Discuss the different contract law claims under the fact pattern. Make sure to clearly identify: a. The parties in each case b. The legal issue c. The applicable legal rule d. A final conclusion.

Answer rating: 100% (QA)

The case asks about the legal issues involved in each of the fact patternsThe different legal issues that arise are Fact 1Kennan promised to deliver t... View the full answer