Ls311 Business Law For The Assessment Answers

Apply research to create original insights and/or solve real-world problems.

Answer:

After considering the information presented by Sonya, certain key aspects have come to light which might indicate that there was no contractual agreement but rather an informal conservation between the parties. Further, in the given communication that the two parties exchanged, there was absence of any other party.

The case facts clearly highlight that Camille has been able to develop a good business network in the fashion industry. Considering this, it would be quite plausible that Sonya is known personally to Camille. This is because Sonya serves as Lead Seamstress for Shazam Clothing Industries. Sonya is engaged in manufacturing of limited edition unique clothing in a big way in Silkadonia and hence Camille offered 500 pieces of “hot pink and black machine knitted sweaters” along with matching hats for a price of $ 100 per pair.

It is imperative to note that the lone documentation that the two parties exchanged was the paper where Camille highlighted the yarn type and specific dye color for the product lot. The two parties did not engage in any formal legal documentation. Considering this, it can be concluded that there does not exist any formal offer directed from Camille to Sonya. 

In case of a bilateral contract, the offer is made by the offeror which for the given scenario is Camille. It is expected that this offer ought to be communicated to the offeree (Sonya) for acceptance.  When Sonya did receive the offer from Camille, it was essential that an invoice should have been handed over mentioning the exact quantity, specifications and the agreed price (Miller, 2013).  If such an invoice had indeed been given, then Sonya would have the required evidence to highlight that Camille did owe her money for the order placed. In the lack of any documentation, the proving of existence of contract would be quite difficult especially because the traditional 25% down payment has also not been done.

However, it is noteworthy that the underlying intent of the contracting parties should not be given undue importance.  Contract is in the form of legal obligation arising from the action of the parties which involve intentional exchange of words.  If an agreement is formed between two sides, then it can be held that there is intention to enter into contractual relationship.  The fact that Camille has given the paper to Sonya containing the yarn type and the exact dye to be used can be indicative of the existence of agreement which then based on either subjective or objective theory could be used to conclude that binding contract does exist between the two partie3 (Objective Theory of Contract, n.d.).

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Sincerely,

STUDENT NAME 

References 

Miller, R. L. (2013). Cengage Advantage Books: Fundamentals of Business Law: Summarized Cases, 9th Edition. [Kaplan]. Retrieved from https://kaplan.vitalsource.com/#/books/9781305482920/

Objective Theory of Contract. (n.d.) West's Encyclopedia of American Law, edition 2. (2008). Retrieved August 14 2018 from https://legal-dictionary.thefreedictionary.com/Objective+Theory+of+Contract