Jennifer K. Smith
28 January 2014
The Scuppernong Grapes Distribution Company should discontinue business with Don. Don did not act in good faith when requesting a minor to sign a contract. Don may be able to pursue some legal action against the grape distribution company, but it is in a good position to defend itself. Additionally, while Don does not claim to be a Christian and should therefore not necessarily be held to Christian beliefs, Don did not act with integrity or even a strong sense of professionalism in this particular instance.
North Carolina law includes a doctrine called the “implied covenant of good faith and fair dealing” (Meek, …show more content…
First, he asked the seventeen year old son, a minor, to sign the requirements contract. This at least appears to be suspicious on the surface. He was also dishonest by downplaying the importance of the contract to the minor by calling it “just a formality.” A guaranteed price schedule is not a formality; it is a significant agreement to which both parties should be complicit. Finally, Don never mentioned the contract to the owner of the Scuppernong Grapes Distribution Company which is also suspicious. All of these things point to Don not dealing with the Scuppernong Grapes Distribution Company in “good …show more content…
Don could choose to invoke one of several legal principles against the Scuppernong Grapes Distribution Company. Implied Contracts arise based on the conduct of involves parties “showing a mutual intent to contract” (Contract, n.d.). Promissory Estoppel protects someone when he/she believes a promise for a service has been made and the breaking of that promise will result in a loss for that person (Promissory, n.d.). Don could argue this principle because he believes he was promised a regular shipment of product at a regular price and he will likely lose some business and/or profit if he no longer carries the Scuppernong Grapes. It may especially result in a loss for Don if he has to purchase the grapes at a higher cost than was “agreed” to in the requirements