Contract formations As per Richard (2016), terms under which a verbal contract are entered are as follows;
One party must have made an offer, to either purchase a good or service.
The second of the two parties must have accepted the offer.
There must have been a consideration, which means; something of value is exchanged, for example, cash, goods or services.
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The most critical factor which will form a crucial hold in the case to be mounted by P. Strami and Hammond is that the parties must have intended to agree; there was no vague or small talk at the time of the contract.
Having considered the facts of the case between Shazam and Cardware, it is clear that a contract was formed between the two parties. The multi-lateral agreement made between Shazam and Cardware inc. Is a verbal commitment, meaning that there was no paperwork to bind or act as evidence of the agreement between our client and the accused (Burton et al. 2016). There was an oversight about client’s handling of the contract proceedings as she did not ask for any paperwork, neither did she request for payment as is the norm in this type of agreement.
However, the accused’s request to make the 500 clothing items can in all ways be considered express (a promise made explicitly) as the dealing expressly was between her and our client. Judge Philip Straniere (2013) argues that t here are numerous ways to substantiate the existence of a verbal contract. These, he says include; performance proof of payment, delivery or performance of services, text messages, emails, and witness evidence ( Richard, 2016) . To aid our client in gaining legal recourse, which I believe Shazam does have, we should mount a defense that Shazam and Cardware entered an oral contract. The note, indicating yarn and dye lots is somewhat circumstantial proof that an agreement was entered.
In addition to this, the company’s client received a call at the time the meeting was continuing, this we can use to get GPS data of both her and the accused, so as to prove physical connection/presence of the two parties. Additionally, the law states that a type of obligation highly comparable to a contract can be entered or even be created, under specific circumstances, by a court in the interests of justice; this is recognized as a contract implied or quasi-contracts in law, Judge Philip Straniere (2013) . It is, therefore, arguably that a deal entailed was entered between our client and the accused, having considered the fact that Cardware approached Shazam with the offer. The two parties were at the same location (as per GPS data), the handwritten note showing yarn and dye lots and finally the processed order of the 500 clothing items. Verbal contracts are difficult to prove, but hand notes made during an agreement or the proceedings of a deal are permissible in court as evidence of a transaction. Hence the hand note made by our client should count. Furthermore, the state laws agree for a time limit of two years after which; a verbal contract dispute cannot be pursued ( Mindy, Alexander & Burton, 2016) . Hence, if we lack sufficient evidence to mount a case against Cardware Inc., then we have two years to file a lawsuit.
The second part of defense will aim to claim that the client and Cardware have had numerous dealings and thus, the two have established mutual trust. Hence, they have established mutual trust. This, is circumstantially provable through Camille’s network of professional dressmakers, we can get to know the people within her professional circle and inquire if she’s made other verbal contracts or if she makes oral agreements with the people she works with. If we can get proof that it is indeed her way of doing business, then we can argue the case for our client.
References
Judge Philip, S. (2013). Filing and Winning Small Claims For Dummies , Canada, John Wiley, and Sons.
Mindy, C., Alexander L., & Burton O. (2016). Remedies for Breach of Contract, London, Oxford Publishers.
Richard, S. (2016). Contracts: The Essential Business Desk Reference, U.S.A., Nolo Publishers.
