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Contract Breach Solutions for Startups

The document discusses issues that Accountabullity has experienced with their supplier MC Company regarding late and incomplete deliveries of microchips. This has resulted in lost sales and revenue for Accountabullity. Several options for resolving the dispute are considered, including pursuing monetary damages, seeking specific performance to fulfill the contract, and alternative dispute resolution methods like mediation or arbitration. It is ultimately recommended to try mediation first to recover losses in a cost-effective manner while potentially continuing the business relationship, then consider arbitration if needed.
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100% found this document useful (1 vote)
118 views4 pages

Contract Breach Solutions for Startups

The document discusses issues that Accountabullity has experienced with their supplier MC Company regarding late and incomplete deliveries of microchips. This has resulted in lost sales and revenue for Accountabullity. Several options for resolving the dispute are considered, including pursuing monetary damages, seeking specific performance to fulfill the contract, and alternative dispute resolution methods like mediation or arbitration. It is ultimately recommended to try mediation first to recover losses in a cost-effective manner while potentially continuing the business relationship, then consider arbitration if needed.
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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The business of Accountabullity has grown and has gone smoothly over the past four

months. In the past two months, there have been increasing concerns as MC Company seems to

have violated our agreement. Breach of our contract is the refusal of a promotor to meet the

contractual obligations without a legal reason. We are currently making the payment as specified

on the first of every month for the microchips. Thus, the hope is that on the 15th of each month,

we will obtain our chips. The first month's problem was that we got the chips on the 30th, which

caused us to lose ten sales. Only 10 out of the 50 chips were received in the second month;

however, as stated in the contract, we paid on the 1st. This will again lead to a loss of sales this

month. This needs to be addressed urgently as our company is growing, but due to the goods not

being delivered on time, we are losing revenue.

I would first like to raise the matter that the product was not received on time it was

agreed upon. This is a contract violation that gives us the right to claim monetary damages. We

have to look for damage to compensate for the loss of missing or late microchip delivery. It will

take time, but we can start our research either to outsource chips to another company or to

develop a product of our own. This is linked to the direct loss of the company, particularly ten

sales in one month. The loss was due to the party's wrongdoing, and the difference should be

reimbursed to us. Second, we need to look at the consequential losses for this month, as 40

microchips out of the planned 50 microchips were not delivered. This will affect our company,

and we can also ask to be paid for their action. This is due to a failure to deliver goods on the

expected date, knowing that we had a plan to use or resell them as soon as we received it. We

must look at the loss of sales since it will prevent the company and make it impossible for us to
recover. We should also consider any additional charges because the payment could be higher

than what we pay MC Company if we move to another company. If we are willing to produce

the goods in-house, we will need more investment on our side.

Thinking about the remedies, we can have equitable remedies in place. Rescission and

Restitution are essentially an action to terminate a contract and return the contracting parties to

the position they occupied prior to forming the contract. With that, we will have to make

Restitution to each other. This would help us void our contract. We need to look at the specific

performance, which is also an equitable remedy for the execution of a contracting party. It will

be a remedy requiring the breaching party to perform as promised under the contract and is

typically given only if monetary damages are an insufficient remedy and the subject matter is

special. Although it is difficult to award items for sale, our product is unique and can be

rewarded for the specific performance remedy. We can also think about reformation, which

would allow both parties contract to represent their true intentions. This would be a court-

ordered correction. However, if their real motives are what is being seen now, then it is not

something on which a growing business may depend.

An additional issue I have with the MC Company is that they know our product, what we

do, and are technically manufacturing a piece. We may want to opt for no competitors cause of

our unique product. I say this because if we end the contract, we do not want them to go to a

different company and reinvent or recreate our product. This is to protect ourselves and the

uniqueness of Accoutabullity.
It can be incredibly expensive when contemplating litigation because it requires costs

related to planning before hearings and expenses associated with the trial process. We should

explore and incorporate some non-litigation strategies, such as an alternative dispute resolution

(ADR). This is the process of resolving with the parties and attorneys not getting into the

backlog of systems and costly prices. Alternative dispute resolution is flexible and can be done in

a few different ways. It will not only protect our company names but also become more

appealing to MC Business, as disinformation will not be accessible in public. This will be more

of a private resolution. It will start with a negotiation phase, which is a phase where we would try

to resolve the dispute issues informally, with or without lawyers. In our situation, I think it will

be wise to bring attorneys to our attention because they would be obliged to put our interests

first, and they will act as our advocates. It implies voluntary negotiation of a settlement before

going to trial. It can be done before a trial, during, or even after a trial, but this just can't happen

after an appeal. The best advice would be to bring in a mediation. It would be a third party who

would serve as a mediator and work for all of us in the conflict. They will talk with each of us

separately as well as together. They will emphasize the points of agreement and allow us to

evaluate their options. They don't have the power to make a decision to resolve our issues. This

will be less adverse than litigation and potentially put us together to fulfill our best needs. This

might also encourage us to resume our partnership with the MC Business, if necessary. The other

option of alternative dispute resolution is arbitration. In this case, at a formal hearing, we will

present our claims and evidence to an arbitrator. They would then make a decision to settle the

dispute. A third party will also be present, but the arbitrator will enforce a settlement. This will

formally resemble a trial. All of these are more cost-effective ways to go about our breach of

contract if we do this early before things get too out of the hands.
Now that all the facts, opportunities, and solutions on the table are on the table, I believe

that the best possible option is for us to pursue monetary damage. We ought to do so based on

the incidental damages. This includes the indirect and predictable losses that we as a business

have. This affects our revenue, profits, and benefit with ten revenue losses in the first month and

the shortage of 40 chips in seconds. This can also affect your employees like me and even the

company's future earnings and growth. Our business is growing, and we need a secure and

trustworthy partner to continue doing so. When thinking about the options of equitable remedies,

we need to make sure we are getting what we negotiated for, which is a specific performance

remedy. That calls for the performance of the act promised. This is challenging, but we have a

unique product and are the first to make it. This will regenerate our loss for two months in

microchip sales.

When I think of a non-litigation approach to concentrate on, I would like to suggest that

mediation is the best choice because of the minimal cost that we pay for the product. At the end

of the day, we're trying to be rewarded for what we paid for and move to another company if

possible. Although we should continue the business relationship until that time, we also need to

find a correct and reliable partner. Yeah, we want to bring back missing revenue and profit, but

we'll have fewer disastrous costs to go to court to make up the other difference if we can get the

missed 40 microchips and still have some profit. We can always step up arbitration if mediation

does not work. Our company's growth and quality at Accountabullity is our focus. As a young

company, which thrives with our unique product, we must prepare ourselves further. We need to

protect ourselves and our business now and in the future.

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