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You are a senior paralegal at Skabben & Arbs. A partner at the firm recently received the following voicemail from a client and she asks

You are a senior paralegal at Skabben & Arbs. A partner at the firm recently received the following voicemail from a client and she asks you to draft a memo to answer questions posed by the client.

Draft a one page memo using the voicemail below. Be sure to mention any further information you require from the client and note the amount of time you billed on the assignment.

Voicemail forwarded to you:

"Michelle, I am sorry I missed you. We have got quite a situation here at Breadery, Inc. Our purchasing department placed offered to buy 1,000,000 pounds wheat flour at a price of $10,000 from Wheatco, Inc. three weeks ago.Wheatco responded that such a large order would cost $12,000 due to the high volume of sales this time of year and the high cost of shipping. We later asked to purchase 800,000 pounds for $9,600 since $12,000 would place us over our allotted flour budget for the month. We never heard back from Wheatco, but we assumed since we were offering them their requested price per pound, they would happily deliver. I know we should have probably called back to confirm everything, but we have done business with Wheatco this way in the past without a problem.

We have continued to take thousands of orders for our hot cross buns for the Easter holiday. We thought all was well until we received a call from Wheatco's head sales agent telling us that due to the high volume of sales for the Easter season, they could not deliver our flour order until after Easter. Although we can still use the flour for other purposes later in the year, we still need flour for the Easter season. We have looked into buying flour elsewhere and the only available wheat flour we can find is 500,000 pounds for $7,500. This amount will not allow us to fulfill all of our Easter orders.

What should we do? Can we force Wheatco to deliver us the wheat on time? If not, should we buy the 500,000 pounds at $7,500? If we buy the 500,000 pounds, do we still have to buy the Wheatco order? Can we get money back from our lost Easter sales?

 

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