Question
Ms. English has a written contract with MC Company that has been effective for six months now. You have reviewed this contract and the relevant
Ms. English has a written contract with MC Company that has been effective for six months now. You have reviewed this contract and the relevant sections of this contract for purposes of this first meeting with Ms. English are: On the first of each month, Ms. English pays MC Company $100 for fifty microchips. On the 15thof 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 30thof 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 15thof the month, MC Company only delivered ten microchips. Ms. English wants to know what remedies she may pursue and what she should do in 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. Ms. English wants you to use what you have learned in your MBA Legal Environment of Business course to educate her on everything that relates to her situation. To answer the two threshold questions regarding the validity of the contract and the possible breach, you may refer to the information above regarding MC Company's actions to discuss whether or not a breach has occurred here. Regarding the validity of the contract, you need to discuss what makes a contract valid, in general, and as regards this contract specifically, without reproducing the entire contract here, you do know that this contract is written, has been in effect for six months, and you know the payment and delivery details outlined above. Ms. English understands that you do not need to know more detail than this to prepare for this first meeting.
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