Accountabullity

Accountabullity is a small business started a few years ago by Tess English. Ms. English started the business when she developed software that would monitor and record the discharge of firearms. The program is downloaded into a small microchip that is internally attached to a firearm. The software monitors the discharge of the firearm, recording the date and time of the discharge, and maintains that information in a database which can be downloaded to a computer.

This product has attracted interest around the country from different police organizations. The microchip is relatively inexpensive to manufacture, and Ms. English is currently buying the microchip from MC Company pursuant to a written contract.

You have been employed by Ms. English for a year now, assisting her in day-to-day activities. In your last request for a raise, while you were not given a monetary increase in your salary, you were given the title administrative assistant. Ms. English is aware that you are currently enrolled in one of the better institutions of higher learning, Northern Kentucky University, in its MBA program. You have been an invaluable source of information and inspiration to Ms. English and she relies upon you as a very capable individual.

It is evident that Ms. Englishs invention will become very lucrative. It is also evident that as the popularity of the product increases, Ms. English will depend upon you even more.

Ms. English realizes that communication and effective leadership are necessary if her organization is to prosper and grow. With that in mind, she has sent a memo requesting a meeting with you to discuss your ideas regarding problems that have arisen. Ms. English reminds you that she wants to know only your ideas, thoughts, and advice because this is not a group project, but an individual project.

At this meeting, Ms. English has requested that you submit a paper to her containing your ideas and advice. This paper should be organized and list by issue your thoughts, comments, concerns, statements of law and/or other facts that you will offer as advice or comment. The paper should detail your thoughts and concerns and why you are following a particular direction with regard to an issue. Ms. English should be able to read it and understand not only your view of the issue, but the facts and/or law that support it. While Ms. English realizes you are not an attorney, she knows you are currently in a Legal Environment of Business class in your MBA program, so Ms. English wants you to use the knowledge you are gaining from that class to advise her.

The issue to be discussed at your first meeting is:

Ms. English has a written contract with MC Company that has been effective for six months now. On the first of each month, Ms. English pays MC Company $100 for fifty microchips. On the 15^th of each month, MC Company delivers the 50 microchips to Ms. English. For the first four months, everything went smoothly. But last month, Ms. English paid $100 on the first of the month, but did not receive her microchips until the 30^th of that month. This caused Ms. English to lose ten sales. This month, Ms. English again paid $100 on the first of the month, but on the 15^th of the month, MC Company only delivered ten microchips. Ms. English wants to know what remedies she may pursue and what she should do about this situation. Please advise her as to all possible remedies: monetary damages, equitable remedies and non-litigation strategies such as alternate dispute resolution. After you advise Ms. English of all possible remedies, you may then focus on what you believe are her best options and please support your position as to why what you chose are her best options. Before discussing Ms. English's possible remedies, you also need to address the threshold questions of: is this a valid contract? And, is there a breach involved here? When answering these threshold questions, give Ms. English details that support your responses and refer to the details of Ms. English's situation when answering these questions.