Minor Signs Contract
As I have been doing business with Don on a steady basis. I would consider us to be in an Implied contract situation. Subtask, Brenna, Browne (2009) defines an implied contract as “established by the conduct of a party rather than by the party’s written or spoken words” (p. 240) so I would want to remain reasonable and fair in my decisions moving forward. I would still move forward with doing business with the company in Connecticut. As we do not have a contract that states I will provide a certain amount of product for so many years or length of time.
I would notify Don in written notice that I will no longer be able to provide the Supporting products to him after a fair and reasonable amount of time. I would again offer suggestions of other local distributors so Don could reach out and still continue selling the product in his business. I would also speak with the Connecticut Company to see if could add an amendment to my contract to still be able to provide Don a small local business the ability to remain selling the product I provide to him at the normal status quo. Don would most likely try and sue for breach of contract as he feels he has a legal ND binding requirements contract. Unfortunately, “contracts made by minors are avoidable and can be dissatisfied by the minor at any time before the minor becomes of a majority age or shortly thereafter” (Subtask et al. 2009, p. 254). As an ethical business person Don should have never asked my minor son to sign a contract. Don should have presented the contract directly to me as the owner of the business he was purchasing from. Spiritually Don’s honesty and integrity is also brought into question and would have reservations about continuing doing business with anemone who Is willing to be so deceiving In his business practices.
My Christian beliefs have taught me we “. Do not deceive or cheat one another” (New Living Translation, Leviticus 19:11). I really don’t appreciate Don as a fellow Christian treating me this way and not coming to me directly regarding the contract he had my son sign. I think Don may be someone who: Longs to be rich fall into temptation and are trapped by many foolish and harmful desires that plunge them into ruin and destruction. For the love of money is the root of all kinds of evil. And some people, craving money, have wandered from the true faith and pierced themselves with many sorrows. New Living Translation, 1 Timothy, & 6:10) I also believe Don committed a form of criminal fraud described by Subtask as the “intentional use of some sort of misrepresentation to gain an advantage over another party” (2009). Subtask et al. (2009) also gives several examples of common fraudulent acts but the one that fits this situation best is “False pretenses, a designed misrepresentation of existing facts or conditions by which a person obtains another’s money or goods, such as writing of a worthless check” (p. 155). In this scenario It’s having my son sign a contract to try and guarantee the price of the products Don Is purchasing.
In my understating of the covenants of good faith and fair dealings as long as I continue to supply the requested product until I have given reasonable notice to end services I can remain legal under the uniform Commercial Code (USC). 2-201. Formal Requirements; Statute of Frauds. (1) Except as otherwise provided in this section a contract for the sale of goods for the price of $500 or more is not enforceable by way or sale has been made between the parties and signed by the party against whom enforcement is sought or by this authorized agent or broker.
A writing is not insufficient because it omits or incorrectly states a term agreed upon but the contract is not enforceable under this paragraph beyond the quantity of goods shown in such writing. (Subtask et al. , 2009, p. 764) According to these terms under the USC, it would require us to have a legal contract in writing by an authorized agent or broker, which my minor son is not, again making his requirements contract not enforceable. It also says contract or not I would only be held responsible for any goods beyond what would be in the written documentation.
Since we do not have a valid contract stating these terms, there is no reason why I cannot stop selling my products to him with a reasonable amount of notification offered. Don along with fighting for Breach of contract is probably trying to receive some form of remedies for the alleged breach of contract. Remedies for a breach of contract are generally classified according to whether the plaintiff requests monetary damages (“legal” remedies) or non-monetary images (equitable remedies).
