Question

1. PROFESSIONAL WRITING ASSIGNMENT On July 15, Noel Evans, age 17, entered into a contract with John Carnby, the regional manager of the Stop-N-Shop supermarket chain. The contract calls for Stop-N-Shop to purchase 100 ripe pumpkins growing in the Evans family pumpkin patch at a price of $20 per unit. Under the terms of the contract, Stop-N-Shop was to send its truck to the Evans' farm to receive the pumpkins on July 23 Unfortunately, on July 23, Stop-N-Shop's truck never arrived at the Evans' pumpkin patch. Between July 23 and July 31, Noel repeatedly called both the Stop-N-Shop corporate headquarters as well as John Carnby's personal cell phone number, but inexplicably could not reach anyone. On August 1, Noel reached his 18th birthday. On August 4, Noel decided to sell the 100 pumpkins to Gristede's, another local supermarket chain and one of Stop-N-Shop's biggest competitors at a price of $15 per unit On August 5, the day after the sale, Stop-N-Shop finally sends a truck to the Evans' pumpkin patch and Noel informed the driver that the pumpkins were no longer available. On August 12, one week after this turn of events, Noel is stunned to discover that Stop-N-Shop, along with John Carnby as a co- plaintiff, is suing Noel alleging a breach of contract for not delivering the pumpkins as agreed Required: 1) As Noel's attorney, give two arguments to support his position that he is not liable for a breach of contract 2) As Stop-N-Shop's attorney, give two arguments to support the supermarket's position that it is the injured party and that Noel is liable to pay money damages for a breach of contract.

Answer 1

Q1. Answer:

As Noel's Attorney

Argument 1:

This is a case about a company Stop-N-Shop who has breached the contract which it entered into with my client, Noel Evans, when Mr. Noel was 17 Years old.

My Client, Mr. Noel entered into contract offered to him by Stop-N-Shop Company which says that Stop-N-Shop will buy 100 ripe pumpkins which are being grown at Mr. Evans family pumpkin patch. The agreed price of Pumpkin was kept at $20 per unit. The company has agreed in the contract that it will send truck to pick pumpkin on July 23.

But the fact of matter is that company never sent their truck to pick the pumpkin on July 23. My client Mr. Noel tried to reach Stop-N-Shop representative Mr. John Carnby (who signed contract from company side) as well as headquarter of company in order to check for status as why they didn’t send the truck to pick the pumpkin! But he could not get any answer from any of these two parties.

In order to make sure that his pumpkins do not get rotten and wasted, on August 4 (nearly after 10 days of agreed date of pick up by Stop-N-Shop), my client Mr. Noel decided to sell off the pumpkins to another vendor. And now here, Stop-N-Shop along with Mr. Carnby as co-plaintiff are suing My client Mr. Noel that he breached the contract.

That is why we are here today, ladies and gentlemen of the jury. My name is Mr. Roy and I represent Mr. Noel. In this trial, we ask you to grant him request for a Civil Protection Order against Stop-N-Shop claim.

Highlight – My Client Mr. Noel waited for nearly 10 days in order to get any reply from either Mr. Carnby or Stop-N-Shop Company but no one reached to my client with any explanation for delay in sending the truck to pick Pumpkins. Hence My Client Mr. Noel was not at fault at any point of time during the contract period.

Argument 2:

This is a case about a company Stop-N-Shop who has breached the contract which it entered into with my client, Noel Evans, when Mr. Noel was 17 Years old.

My Client, Mr. Noel entered into contract offered to him by Stop-N-Shop Company which says that Stop-N-Shop will buy 100 ripe pumpkins which are being grown at Mr. Evans family pumpkin patch. The agreed price of Pumpkin was kept at $20 per unit. The company has agreed in the contract that it will send truck to pick pumpkin on July 23.

But the fact of matter is that company never sent their truck to pick the pumpkin on July 23. My client Mr. Noel tried to reach Stop-N-Shop representative Mr. John Carnby (who signed contract from company side) as well as headquarter of company in order to check for status as why they didn’t send the truck to pick the pumpkin! But he could not get any answer from any of these two parties.

In order to make sure that his pumpkins do not get rotten and wasted, on August 4 (nearly after 10 days of agreed date of pick up by Stop-N-Shop), my client Mr. Noel decided to sell off the pumpkins to another vendor. And now here, Stop-N-Shop along with Mr. Carnby as co-plaintiff are suing My client Mr. Noel that he breached the contract.

That is why we are here today, ladies and gentlemen of the jury. My name is Mr. Roy and I represent Mr. Noel. In this trial, we ask you to grant him request for a Civil Protection Order against Stop-N-Shop claim.

Highlight – My Client Mr. Noel was minor (Age 17 years) at the time of signing contract with Stop-N-Shop hence he doesn’t have any legal obligation to honor contract at any stage.

Q2. Answer:

As Stop-N-Shop Attorney:

Argument 1:

This is a case about My client Stop-N-Shop, who signed a contract which with Mr. Noel Evans, when Mr. Noel was 17 Years old.

My Client, Stop-N-Shop entered into contract with Mr. Noel which says that Stop-N-Shop will buy 100 ripe pumpkins which are being grown at Mr. Evans family pumpkin patch. The agreed price of Pumpkin was kept at $20 per unit. My Client, Stop-N-Shop has said that it will send truck to pick pumpkin on July 23.

But the fact of matter is that Stop-N-Shop deliberately did not send its truck to pick the pumpkin on July 23. This step was taken as my client Stop-N-Shop found out that Mr. Noel has breached the contract on the day of signing by hiding the fact that he is minor! Hence My client, Stop-N-Shop has nullified the contract well within its right to do it.

That is why we are here today, ladies and gentlemen of the jury. My name is Mr. Roy and I represent Stop-N-Shop. In this trial, we ask you to grant my client request for a Civil Protection Order against Mr. Noel’s claim.

Highlight – Mr. Noel has hidden the fact that he was minor at the time of signing the contract. Thus Mr. Noel has no legal ground to proceed with the contract or this case against my client Stop-N-Shop.

Argument 2:

This is a case about My client Stop-N-Shop, who signed a contract which with Mr. Noel Evans, when Mr. Noel was 17 Years old.

My Client, Stop-N-Shop entered into contract with Mr. Noel which says that Stop-N-Shop will buy 100 ripe pumpkins which are being grown at Mr. Evans family pumpkin patch. The agreed price of Pumpkin was kept at $20 per unit. My Client, Stop-N-Shop has said that it will send truck to pick pumpkin on July 23.

But the fact of matter is that my Client Stop-N-Shop deliberately did not send its truck to pick the pumpkin on July 23. This step was taken as my client Stop-N-Shop found out that Mr. Noel has signed another contract with our competitor Gristede’s Local Supermarket for those same pumpkins. In the contract it was clearly mentioned that the Mr. Noel will not sign any other contract from those same pumpkins which he agreed to sell to my Client Stop-N-Shop. Hence my client, Stop-N-Shop has nullified the contract which falls well within its right to do so.

That is why we are here today, ladies and gentlemen of the jury. My name is Mr. Roy and I represent Stop-N-Shop. In this trial, we ask you to grant my client request for a Civil Protection Order against Mr. Noel’s claim.

Highlight – In the contract it was clearly mentioned that the Mr. Noel will not sign any other contract for those same pumpkins which he agreed to sell to my Client Stop-N-Shop. But Mr. Noel has breached the contract by signing another contract with Local Supermarket Gristede’s for those pumpkins. Thus Mr. Noel has no legal ground to proceed with this case against my client Stop-N-Shop.