Preexisting Duty Essay Example | Topics and Well Written Essays - 250 words

Preexisting Duty - Essay Example Likewise, if a party is already bound by contract to perform a certain duty, that duty cannot serve as consideration for a second contract. However, if, during performance of a contract, extraordinary difficulties arise that were totally unforeseen at the time the contract was formed, a court may allow an exception to the rule. In this case, Jones and DR entered the initial contract which Jones need to build a DR Drug Store for DR. The contract is valid since it had met the four requirements. However, in the second contract, which is a modification of the initial contract, the legally sufficient consideration was missing. What Jones promise to do in the second contract was to build the DR Drug Store, which they already have legal duty to do in the initial contract. Due to the preexisting duty rule, the second contract was not enforceable. Moreover, the accident that happened to Jones was not an unforeseen difficulty. Although the reason for the collapse of the trusses was not due to faults or deficiencies in the building plan prepared by Jones, as a construction company, they should have anticipated for unforeseen events or included clauses in their first contract such as the liquidated damages clause. Thus, Jones cannot argue about this

An outline marketing plan for the next year for Atlantic Quench 306 Essay - 1

An outline marketing plan for the next year for Atlantic Quench 306 - Essay Example The marketing plan for the concerned firm focuses on developing a new product for entering the mass consumer market and providing the consumers a cheaper alternative against highly priced pure juices. With an aim to sell 250000 units of 250 ml tetra packs of the new product, Atlantic Quench will begin by streamlining the functional aspects of the company to reduce their cost. The product introduction is developed with differentiation focus and the control of the marketing activities will focus on cost leadership. Based on this, the price skimming has been selected as the pricing strategy. The budget developed also reflects the estimated earnings and expenses for the new product segment of Atlantic Quench in the next year. With appropriate market presence and brand development activities for creating consumer awareness, Atlantic Quench can enter the global market of juice and nectar segment. Atlantic Quench operates in the fruit industry mainly in its home market i.e. US and is a co-operative business process. Established in the year 1934, the co-operative has become one of the most famous brands in agricultural product market with their extensive and highly demanded product base (Case study). Jointly owned by 630 cranberry and 46 grape fruit farmers, the production channel of the company is also steady and growing. As the co-operative saw the demand of their products growing in the market, they entered the retail sector with bottled fruit juices. However, the primary concern of the business is related to control its growth in an organized manner and also ensure a good relationship with the farmers. In order to overcome the financial crunch, Atlantic Quench CEO Chuck Berry decided to develop the brand of the company by converting into a full-fledged business houses. Atlantic Quench is also developing alliances with big multinationals such as soft drinks giant Coca-Cola