Colton Sefton Essays (569 words) - Contract Law, Food And Drink, Law

Colton Sefton M.Ricker BUS 222 Spring 2017 Exam #3 Essay portion Part C. Question 8. Walid will not prevail in any lawsuits made against the franchise. The reasons why Walid will not prevail is that he is in contract with Dunkin Donuts and therefore must follow their outlined contract guideline and business model. Even though Dunkin donuts accommodated Walid religious belief for 14 years even providing signs; Dunkin decided to reverse their course. Terminating the contract with Walid was "for cause" reasons being that Walid did not carry the full line of products. Walid could file for wrongful termination in that Dunkin Donuts did not give him a reasonable notice. Dunkin could argue that he was given reasonable notice by not letting him open a new store and starting business. Depending on Dunkin Donuts contract time which usually ranges from one to five years of length Walid would have until the end of that time to close his stores. Depending on the time Dunkin terminated the contract would matter in this case. Conclusion is that Walid has a breach of contract for 14 years. Walid will not prevail due to his breach of franchise contract. Walid could also file for a prima facie case . Part A. Question 3. Normally in this situation Brenda would be able to get her money back on behalf of the banks Negligence, but Brenda did not file a suit within the one year period. The UCC places an absolute time limit on the liability of the bank. The customer who fails to report a forged signature within ONE YEAR from the date that the statement was made available for inspection. Brenda has lost the legal right for the bank to have refunded or recredited her account. Brenda also has the duty to promptly examine bank statements with reasonable care and to report any alterations or forged signatures. On behalf of Brenda's negligence to examine checks to her account on time she will suffer the losses due to the excided time limit permitted by the UCC. Part B. Question 6. Under chapter 13 bankruptcy a debtor may be able to discharge debts if the court grants the discharge. Under a chapter 13 payment plan certain student loans can be discharges, but only if the court finds that payment of the debtor would constitute an undue hardship from the debtor. In Freddie Krueger's case of getting laid off and not being able to make payments the courts would question why he was laid off and if he did it voluntarily. In Freddie's support, he could claim he has no disposable income to set aside for a situation likewise. The courts could make it able for Freddie to have some sort of disposable income for future situations. The goal being to help Freddie in his bankruptcy he would need to continue making payments which would mean he would need to find another job. Part C. Question 9. Doc's sports clubs franchise agreement with Elite fitness states that Doc's contract can be terminated at any time for a "cause". Under the termination of franchise a legitimate "cause" can be failure to meet specified quotas. If the "friends and family" membership quota is outlined in the franchise agreement and Doc's does fail to meet the contract agreement then Elite Fitness can infect terminate the contract. Doc cannot make claims of wrongful termination either due to the clearly outlined contract he entered.