1. Running head: FOODMART, INC. PAPER 1
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2. FOODMART, INC. PAPER 2
Foodmart, Inc. [Doctoral-level comment (but recommended for any collegiate writer)--
Write out abbreviations in academic essays] Paper
Sarah Bixby, Andria Destin, Demetria King, Felicia Liles
BUS 415 - Business Law
April 20, 2011
Courteney Harris

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Foodmart, Inc. Paper
The idiomatic expression, “It takes two to tango” is commonly used [The passive voice
is a form of "be" (is) and a participle (used). Over-use of the passive voice can make
paragraphs officious and tedious to read. Try to use the active voice most often; for
example, passive voice = The paper was completed on time. Active voice = the student
completed the paper on time--See Center for Writing Excellence > Tutorials & Guides >
Grammar & Writing Guides > Active & passive voice] to describe an interaction between at
least two people. Similarly, a contract is the conception [Check spelling: this word means "the
process of conceiving an idea, etc."; consider using "concept"] of at least two people
entering into [Redundancy: remove "into"--how else does one enter? ] an agreement. A
contract is a promise or a set of promises for the breach of which the law gives a remedy or the
performance of which the law in some way recognizes a duty.” [Move the period to follow the
citation] (Cheeseman, 2010) [The citation for a direct quote needs the page number]
A central component of a contract is the offer, acceptance, and consideration. Absent of
the elements a contract is null and void and; therefore, seizes to exist. Every traditional and e-
contract involves at least two parties. The offeror is the party who makes an offer to enter into
[Redundancy: remove "into"--how else does one enter? ] a contract. The offeree is the party
to whom an offer is made [Passive voice ] . [Move the period to follow the citation]
(Cheeseman, 2010) The paper will examine [Doctoral-level comment (but recommended for
any collegiate writer)--Avoid anthropomorphisms (attributing human characteristics to
nonhuman or inanimate objects). Consider that no paper can "examine." Try something
like "In this paper the subject to examine is. . ."] contracts, contract law, and how [These
words appear to lead to a dependent clause--if so, remove the comma (unless, of course, this

4. FOODMART, INC. PAPER 4
is the last element in a series)] [Unless this is the last of a series, remove the comma--the
following is not an independent clause] it affects the outcome of blended scenarios
concerning Foodmart, Inc. (a retail grocery store chain), and the company’s employees, Jeremy
Atwater and Brian McDonald.
Scenario One
Foodmart (the offeror) made an offer to Masterpiece (the offeree) to perform a
renovation. Masterpiece accepted the offer when it made consideration by starting work on the
renovation. The contract is between Foodmart and Masterpiece, and the Terms of the contract
and scope of work are important in identifying whether Foodmart can force Masterpiece to
perform the work themselves, or whether Masterpiece is able to [Wordiness--these three words
mean simply "can"] subcontract the work from Fall Construction without legal ramifications.
If the work that Masterpiece was to complete for Foodmart was unique in nature [Vague
wording--unless the intended meaning is "in the forest," "in nature" communicates very
little and can be deleted with no change in meaning] , and could [Punctuation: remove the
comma if the following is not an independent clause (could not be a sentence by itself) OR
is not the last element in a series of more than two] not be replicated [Passive voice ] by a
subcontractor, then [Writing suggestion: this sentence may be simpler without "then"]
Foodmart’s [Apostrophe: remove if the word is not possessive] injunction should be
approved. In this case, Masterpiece would be forced [Passive voice ] to perform the work based
on specific performance, and fix any damages caused by sub-contracting the work out to Fall
Construction.
If the work that Masterpiece was contracted [Passive voice ] to complete was not unique,
then [Writing suggestion: this sentence may be simpler without "then"] Foodmart’s

5. FOODMART, INC. PAPER 5
[Apostrophe: remove if the word is not possessive] injunction will not have bearing.
Foodmart may be dissatisfied [Passive voice ] with the work that Fall Construction is
performing, but their only course of action would be to make sure Masterpiece is providing the
scope of work as stated in the contract.
In addition, the court will take into account whether the contract is valid and enforceable,
void, or voidable when deciding whether Foodmart can rightfully enforce the contract. The court
will determine whether both parties had capacity to enter into [Redundancy: remove "into"--
how else does one enter? ] a contract, whether there was an offer made, acceptance, and
consideration paid for the contract. If Foodmart paid for the renovation up front the contract
would be considered [Passive voice ] unilateral, as they have forgone money where
Masterpiece has not yet lost anything. If Foodmart were not paying Masterpiece until the
end of the contract, then [Writing suggestion: this sentence may be simpler without "then"]
it would be bi-lateral, as currently the contract stands only as a promise for payment in return for
a promise to provide services. Regardless of whether this was a verbal or written contract, it
would be considered [Passive voice ] an informal contract since [Check word choice--"Since"
is more precise in referring to time ("after that"); otherwise use "because"] there is no
specific format to be completed such as writing a check.
Scenario Two
Jeremy Atwater (a 17 year-old) signed a contract with Smooth Sales Used Cars to
purchase a vehicle. The sale included a down payment and $200 monthly payments.
Unfortunately, Jeremy was unable to [Writing suggestion--Simplify the sentence by
shortening "unable to" to "cannot," "could not," etc.] continue to monthly payments
[Doctoral rule (but good advice for any academic writer)--avoid a split infinitive; consider

6. FOODMART, INC. PAPER 6
placing the adverb (monthly) before or after the infinitive (to payments )--try "monthly to
payments " or "to payments monthly" (or place "monthly" later in the sentence)] because
he lost his job. As a result, Jeremy returned to Smooth Sales Used cars and requested to cancel
the contract. In addition to cancelling [The preferred spelling is "canceling"] the contract,
Jeremy requested a refund of all funds presented to the company.
There are ["There are" is an awkward phrase if "there" is not clearly a location]
several options to resolve this scenario. Primarily, contracts with minors are not valid unless
purchasing the vehicle is a necessity. In this case, the vehicle is not a necessity and Smooth
Sales Used Cars should keep the car and cancel the contract. In regards [Use "regard"
("regards" are feelings of affection)] to returning of the funds, the company has several
options to consider. One specific option is returning the funds and the company accept the
situation is a financial loss. The second option is to charge Jeremy a rental fee for the six months
of usage [Check spelling: "Usage" refers primarily to legal procedures or grammar; most
writing situations call for "use"] and refund the remaining balance Jeremy paid. The third
option is the company refuse Jeremy’s offer and make Jeremy and his parents accountable for
the terms of the contract.
Jeremy Atwater did not lie about his age, the salesperson neglected to confirm Jeremy’s
age; therefore, Smooth Sales Used Cars will assume the loss of the contract if Jeremy insists on
returning the vehicle.
Scenario Three
The third case, McDonald versus Harry, Harry is suing McDonald for what he sees as a
breach of contract or promissory estoppel. McDonald, who works for Foodmart, collects rare
trains in his spare time as a hobby, informed Harry he will sell him his trains in two years when

7. FOODMART, INC. PAPER 7
he retires because he knows Harry will take care of the trains. Upon receiving this verbal
information from McDonald, Harry on his own recognance, decided to add a 2,000 square foot
addition to his home to accommodate the intended trains he was to receive by borrowing the
money from his family. When McDonald retired two years later, McDonald decided to sell the
rare trains to his neighbor instead of Harry.
Harry blames McDonald for a breach of contract because of a verbal conversation;
however, during that verbal conversation of offer, no terms, agreement, or money was discussed
[Passive voice ] . Unfortunately, for Harry, there was no written documentation of McDonald
verbally agreeing to sell his rare trains to Harry. Without anything written it would be difficult
for Harry to prove McDonald told him that he would sell his rare trains to only him.
A statement of intent that an individual states they [Check pronoun agreement--if
"they" refers to "an individual" (or a singular subject), it should be singular, too (he or
she) and perhaps require adjusting the following verb] will do something during a certain
timeframe is not an offer. An offer must express not only an intent to enter into [Redundancy:
remove "into"--how else does one enter? ] a binding agreement but also the terms of the
agreement (AMJUR Contracts §10, 2010). Even when Harry advised McDonald of the addition
to his home for the trains, McDonald still did not acknowledge that he was still selling his trains
to him, he merely smiled.
Again, Harry is suing for promissory estoppels. Harry will try to prove that McDonald
promised to sell his trains to him after two years. Unfortunately, no evidence exists that
McDonald promised Harry anything. Promissory estoppel also requires that the promise
reasonably induce the promise to the action (Restatement (Second) of Contracts §90, 1981). No
reasonable explanations show that acquiring rare trains means one has to acquire debt and make

8. FOODMART, INC. PAPER 8
renovations to property to satisfy the train’s accommodation. Harry acquired this debt on his
own. For these reasons, Harry will not win the case against McDonald.
Scenario Four
Retail giant, Foodmart Inc., expands its services to an online delivery service. Customers
who [Check punctuation: If the following phrase is nonrestrictive (the sentence would still
make sense without it) insert comma before "who"] reside within a 10-mile radius to the
store can receive delivery of items purchased online. To use the online service, Foodmart
requires customers to agree to terms and conditions of a contract. An e-contract is equivalent to
signing a traditional contract. The Electronic Signatures in Global and National [Do not
capitalize without the complete name of the institution (unless in a citation or as the first
word in a sentence)] Commerce act, also known as ESIGN was signed [Passive voice ] by
former President Bill Clinton and enacted on June 30, 2000. The act states that e-contracts and
electronic signatures are given [Passive voice ] equivalent legal status as a handwritten contract
or signature. [Move the period to follow the citation] (SnapContract, 2011)
Todd, a local caterer, notices an advertisement for a special chocolate sauce that he uses
to bake cakes. He attempts to order the product online, but the store advises him that the item is
sold out. In response, Todd demands that the store honors the advertised price and transfer the
remaining inventory to the location nearest to his home. Foodmart Inc. refuses to honor the
request directing him to the terms of the online agreement; Todd threatens to sue the company.

9. FOODMART, INC. PAPER 9
According to Cheeseman (2010), once a contract is formed [Passive voice ] , the parties
owe a duty to perform a traditional contract or an e-contract. When applying this concept,
Foodmart, Inc. will win the suit. The contractual agreement between the two parties initiated
when Todd logged into the company’s website and e-signed the acknowledgments of the online
agreement. Once he signed the agreement, he entered into [Redundancy: remove "into"--how
else does one enter? ] a binding contract. One aspect of the online agreement is that sale items
are restricted [Passive voice ] to in-store purchases; therefore, any product purchase made
through e-commerce is not subject to sale [Misspelling: "sale" is a noun, the exchange of
something for money; "sell" is a verb, the act of making a sale] or other promotional
discounts. Because Todd is an online buyer, he agreed to terms and conditions when entering
into [Redundancy: remove "into"--how else does one enter? ] Foodmart’s [Apostrophe:
remove if the word is not possessive] online system. In addition, another contractual issue is
the restriction of inventory items to the nearest store from which an online customer purchases
their [Check pronoun agreement--if "their" refers to "customer" (or a singular subject), it
should be singular, too (his or her)] product. Although the company was untrue about the
amount of chocolate sauce in its inventory, the contract holds true that Todd agreed to their terms
at the time he accessed the website.
The results are that Todd has the option to purchase the chocolate sauce at his nearest
store or even travel to another store for that matter; nonetheless, the store cannot deliver the
product to him and honor the advertised ales price. If the company were to honor Todd’s
request, they would breach the contract and as a result go against their own terms. The solution
to the matter is that Todd can purchase the chocolate sauce from a retail storefront in order to

10. FOODMART, INC. PAPER 10
[Writing suggestion--the meaning will be the same (and less wordy) by removing "in
order"] receive the advertised price or purchase the item from other resources.
Conclusion
Contracts do not have to be in writing to be legal. However, certain criteria must be met
in order for the contract to be valid and enforceable; all parties must have the capacity to
contract; all parties must have a mutual understanding [Redundancy: understanding is by
definition mutual] of the contract; all parties must accept the contract. Each contract will have
an offer, acceptance, and consideration; failure to provide any of these three elements means that
there is no actual [Cliché: "actual" and "actually" are weak words whose meaning is
nothing more than "in point of fact." They are often used as intensifiers but usually can be
deleted with no change in meaning ] contract. Circumstances surrounding the events of the
contract will determine if it is enforceable, void, or voidable. Each contract is different, and
rulings should be made [Passive voice ] on a case-by-case basis.

11. FOODMART, INC. PAPER 11
References
American Jurisprudence 2d. (1997). St. Paul, MN: Thompson Reuters.
Cheeseman, H. R. (2010). The legal Environment of Business and outline Commerce: Business
Ethics, E-Commerce, Regulatory, and International Issues, Sixth Edition. Prentice
Hall.Snapcontract. (n.d.). Retrieved April 14, 2011, from Snapcontract:
http://www.snapcontract.com/home_page
The Restatement of contracts 2d. (1981). Philadelphia, PA: American
Law Institute Publishers.