Final Essay Example | Topics and Well Written Essays - 1000 words - 3

Final - Essay Example By not delivering the coffee as stipulated in the contract, Java Distributors has made a material breach of the contract. A material breach of contract comes into effect when a party to a contract substantially and unjustifiably fails to meet their contractual obligation(s). Although Green Coffee can take Java Distributors to court, it is advisable that it pursues a different path of dispute resolution especially considering that it will have to incur a lot of expenses in legal fees and yet it will receive a little compensation in case it wins the case in a court of law. As earlier noted, Green Coffee can pursue an alternative avenue in resolving the dispute at hand, other than going to court. It may engage negotiation, arbitration, and mediation, all of which are less costly and which are known to be faster than litigation. One case in point that involved a material breach of contract is Miller v. Mills Constitutional, Inc. In this case, the district court held that Mills had breach ed the contract by failing to deliver the materials that it had agreed to deliver as stipulated in the contract. In the case of Miller versus Mills, the case rightly ended up in court considering the amount of money involved. This case is quite similar to the case involving Green Coffee and Java Distributors. By failing to deliver the coffee, Java Distributors caused Green Coffee losses. Green Coffee was not able to serve customers and therefore lost business on that day. This being the case, Green Coffee should receive compensation from Java Distributors that equals the amount the Green Coffee normally makes on a Monday, tips included. The best thing for Green Coffee to do is to invoke a dispute resolution method that is less expensive. Since Java Distributors may be unresponsive to a negotiation, the organization would best apply mediation or arbitration to resolve the dispute. If mediation as a process is chosen as a way of resting the case, both parties will have to choose a neu tral party who will suggest ways for resolving the dispute and facilitate communication. Normally, a mediator is knowledgeable in the matters of law. In some cases, mediation may lead to litigation. By opting for arbitration, the parties rely on a neutral party (the arbitrator) who is not necessarily knowledgeable in legal issues. The arbitrator listens to both parties before making a legally binding decision which can be subject to appeal at the district court. Considering the situation, Green Coffee would better go for arbitration and avoid going to court as much as possible. Part B The location of the coffee shop, the environment, the clientele, and the prices of the products on offer determine the kind of table that is suitable. If the coffee shop is located in an upmarket area in Boston visited by high class clients and serves as a place where people meet, then tables with stained glass tops are suitable for purchase. On the other hand, if the shop targets middle class and low class clients and is located in a downscale location, stainless steel tops would be suitable. Whichever the choice between the two, a contact will have to come into effect. The contract will include an offer, consideration and acceptance so as to be valid. When a stained top glass is chosen especially, a warranty should be granted so that in case of any damages, there can be a replacement. Part C The three new workers signed a written contract. However,