TO: Alexis Fairchild
FROM: Marshall Petersen
DATE: October 14, 2015
SUBJECT: Contract Breach
The intent of this mediation memo is to explain the breach of contract by the Muscadine grape producer, with whom l had entered into an agreement with to supply Muscadine grapes for my business. The agreement was supposed to account for a fixed price schedule, and I will delve into the facts of the case to clarify the breach of contract. I will explain the legal issues of the contract breach, request possible restitution, and appeal to conditions under which we can arrange a settlement.
Facts of the case
Six months ago while attending a church service in Alabama with my wife, I met a grape
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According to the contract the Muscadine grape company was not supposed to make any price adjustments and should continue to provide the products without fail. Also, the supplier was expected to supply the products consistently based on the fee stated in the contract. With these new market demands and foreseeable increases in product prices my business was likely going to incur losses. Due to the new product prices I would be forced to increase the sales price to my customer to make a profit. The law stipulates that partners of any business contract be expected to abide by the terms of the agreement without failure. The law states that the ‘promisee’ is entitled to the benefits of his bargain, and breaching leads to infringement of this benefits (Markovits & Schwartz, 2011). Similarly, disregarding the contract can lead to litigation, which will result in dire consequences for the partner that breaches the contract. One of the legal implications is that if the contract is breached I should be paid any potential damages that may result from this breach (Knobler, 2012). In this case, I am supposed to be compensated for any potential losses that result from this violation. According to Bank, the law stipulates that a plaintiff should be awarded damages that may likely arise from the breach of a contract (Banks, 2011).