LEARNING CONTRACTS

Learning Contracts



Learning Contracts

Agreed Objective

I am currently a sales assistant at cafe shop which is called pumpkin cafe shop in Northampton and my main objective to increase the sales of cafe shop by using my experience knowledge and to make it one of the best cafe shop of the state. Advertising budget is very limited, so the advertising program will be very simple until increasing growth in profits. Café shop will do direct mail, banner ads, and inserts and hopefully website launch in the upcoming months of development.

Activities Required

The obligations of the parties, being contractual in nature, are governed by the general law of contracts. Each in accordance with his contract is bound to perform, unless by some act or failure to act on the part of the other his obligation is discharged and his performance excused.( Starko, 1986 56)

The obligation of the seller is to furnish the goods, as agreed upon, the buyer to pay therefore. Yet the performance of each will be conditioned upon the performance of the other according to the terms of the contract. The seller may be bound to deliver the goods on credit, or if it is a cash sale, he need not deliver at all, but only make tender, unless he receives the price. So, if the seller is to deliver at a place, he cannot perform by making delivery or tender elsewhere unless the buyer waives that obligation.

Skills Required

A contract of sale must be performed within the time stated, unless strict compliance is waived by the other party.

Under the general law of contracts we note that time is of the essence of a mercantile contract; or in other words, that a contract must be performed or performance tendered, within the time stated, or, if none is stated, then within a reasonable time. The other party may accept a belated performance, or may refuse to accept it. If he accepts a tardy performance the question arises whether he may reserve his right to such damages as are occasioned by the breach.( Starko, 1986 58)

If goods arrive late the buyer may usually accept them and still claim damages for the delay. His acceptance will not in itself amount to a waiver of his right to his damages if by such delay he has sustained any. Yet the evidence in a particular case might show a waiver; as where, knowing all the facts he had voluntarily paid the full price; or, where he had made no protest or objection.

Stipulations as to place are material in a contract of sale, and performance must be tendered at such place, unless strict compliance is waived.( Alexandria, 2000 26)

Each party must perform at the place agreed upon. If goods are at a distance from the buyer, and are to be furnished later or upon order, it is usually implied that the seller is to deliver them to a carrier. The carrier is thus made the agent of the buyer rather than the agent of the seller and, ...