Contract Dispute Scenarios

| Week 4: Contracts and IP Issues - D: You Decide | | | | Help | | | |
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Scenario Summary |
This group project covers a contract dispute situation. As a group, work through the following questions. Feel free to ask further questions in the thread of your group members, and answer your group members questions as well. The best work will be where all group members work together to get the questions answered. You will be graded on the quality of your posts, but points will be deducted if your answers are duplicates of your group members. Take turns and build on posts. The questions below have more
Litigation should be considered once we have exhausted all avenues. However some of the things we have to be aware of with litigation is that the judge may not rule in our favor. Sometimes we may think we have the best case based off the contract and we would expect the ruling to support those findings, but the opposing side probably feels the same way also. One of us will end up losing, based on some precedent we might not have thought of.

Often when we get to the point of needing litigation it can be purely emotional base because we felt that we were wronged. This sort of behavior is pride driven. A pride driven case bent on emotion can end up being very costly in money and time. Which is why for this scenario I think we should seek an amicable decision between both parties. Our company would not benefit from the litigation, in fact it would hurt us since we are fairly new and this was just our 4th and largest job. An organization like ours is built on reputation, how would a dispute like this affect our future earning potential?
Date Modified: 18 Nov 10 7:16 PM MST |
I had stored some personal belongings with this company for over two years and was on a monthly storage plan, which renewed on the 1st of every month. Last June I decided to remove my belongings and cancel my monthly contract, the company required me to give them a two week notice and per the contract they had to file the appropriate paperwork to close my account. I visited the storage and removed part of my belongings on June 5th, verbally mentioned to the manager that I would not be needing the storage after June, locked the unit and left. When I returned on June 12th to remove the remaining items, I found a different lock on the unit. I immediately went to the office to find out they had thrown away my remaining belongings and rented the unit to another customer.

I put together an itemized list of the items in question and tried to resolve the matter amicably by asking Lackland to pay me $800 for my loss; they refused and asked me to take them to court, so I did. After everything was set and done, the judge found that Lackland had breached their own contract by not following proper protocol and awarded me $1,300 after calculating the value of each item and their depreciation value at the time of the loss. |