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Contracts are central to all commercial operations and it takes a large number of employees to bring a project to fruition. As a result, a contract is an arrangement between two people in a business partnership that should be accepted and upheld by the statute. A contract must follow such basic requirements in order to be recognized by statute. First and foremost, the contract must have a bid. Law sees an offer as an expression of will that is usually made with the intention that it shall bind the two parties once the person to whom it is addressed accepts it (Klass, 2012). The offer must be seen to be made initially in the relationship and form a legally binding agreement between the parties. In this case, the production of the sweaters and hats that Camille requested Sonya to complete is the offer. It was the basis for their agreement, and when Camille specified the type of yarn to be used, Sonya began the production even though the down payment had not been made.
Acceptance is another principle used to determine if a contract had been established. The final and unqualified expression of the terms of the offer is the fundamental consideration of acceptance (Singh, 2010). In this case, Camille gave the specifications of her products to Sonya, and they agreed that she would make them at $100 per piece. Camille went ahead to specify the type of yarn to use when Sonya offered her a piece of paper as she was on call. Therefore, it is clear that the two parties had accepted the terms of offer and Camille only changed her mind later.
Consideration in the contract law states that a promise cannot be considered as a binding contract if deed or consideration do not support it. In this case, Sonya went ahead to make the products even though Camille had not paid the 25% deposit that is used to buy raw materials. Therefore, based on this principle, the agreement appears as a mere law and not as a legally binding contract.
Crucial Parts of the Initial Offer that are Missing
There are vital parts of the original offer that are missing in this case. The two parties did not sign any deed to prove that Camille had asked Sonya to make the sweaters and hats (Klass, 2012). Therefore, other than the spoken word and the piece of paper where Camille wrote the type of yarn to be used, there is no further evidence to confirm that the two parties were in any agreement. Sonya did also not ask for any payment from Camille to purchase the raw materials. Therefore, these two missing aspects of the offer are crucial for a legally binding contract.
The course of dealings between the two parties has a great impact on the kind of contract that they came up with. During a negotiation, all the parties involved should ensure that they explicitly state their terms to avoid future misunderstanding (Klass, 2012). The distraction that came from the phone call made Sonya forget to mention the need for a deed or consideration. It also made Camille forget to pay the down payment required to purchase the raw materials, and this makes it easy for her to defer the agreement. Ethical negotiation requires maximum concentration, and if need be, a third party such as a lawyer may be used to enact the agreement. The parties involved should also ensure that they honor the terms of agreement stated during the negotiations.
Therefore, it is unlikely that Sonya will succeed with her case against Cardware Inc. For an agreement to be enforceable by law, it must meet the core principles of the contract law (Singh, 2010). It will be difficult to prove that the two parties agreed to the production of these sweaters and hats as there is no physical evidence to confirm it.
Klass, G. (2012). Contract Law in the United States. New York: Aspen Publishers.
Singh, A. (2010). Business and Contract Law. London: Thorogood Publishers.
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