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In January 2012, Courier a delivery company, and, Furniture…

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In January 2012, Courier...

In January 2012, Courier a delivery company, and, Furniture Co, a manufacturer of furniture, negotiated an agreement under which Courier promised to provide for three years all the delivery services required by Furniture Co in exchange for monthly payments based on the number of deliveries made. Courier drafted an agreement embodying the agreed terms and, on March 1, 2012, sent two signed copies to Furniture Co with a request that Furniture Co sign and return one copy. Although Furniture Co did not sign the document, the parties immediately began doing business according to its terms. During the next six months, Furniture Co paid all of Courier's monthly invoices on time. During the same period, Courier declined two potentially lucrative offers from other companies because performance of the agreement with Furniture Co required most of Courier's time.In September 2012, Furniture Co began to have concerns about the cost of Courier's service. Furniture Co sent a letter to United, one of Courier's competitors, describing Furniture Co's needs, Furniture Co's agreement with Courier, and the amount charged by Courier. United offered to provide comparable delivery services at a lower cost. On September 20, Furniture Co telephoned Courier stating that Furniture Co would no longer use Courier's services. What, if any, rights does Courier have against Furniture Co? Discuss.

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Submitted: 2 years ago.Category: Legal
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1/22/2016
Lawyer: Asad Rahman, Lawyer replied 2 years ago
Asad Rahman
Asad Rahman, Lawyer
Category: Legal
Satisfied Customers: 2,556
Experience: Practicing Attorney with 10 years experience
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It is hard to say for sure without reviewing the contract. If the re was any sort of exclusivity language in there or language that said Courier would receive all business for 3 years then Courier might have a breach of contract claim. However it seems to me they waited until 3 years expired on the 3 year deal before terminating which would be allowable.

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Customer reply replied 2 years ago
That is the whole explanation above. and I need it answered pro and con as in a case brief.
Lawyer: Asad Rahman, Lawyer replied 2 years ago

I am not sure I understand. Would you like a phone call where we can discuss the situation? There are additional charges.

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Lawyer: Asad Rahman, Lawyer replied 2 years ago

It is hard to answer fully without reviewing the contract.

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Customer reply replied 2 years ago
the reason I went to this site is because of this attorneys answer which is what I am looking for. see below exampleIn her suit against Art, what are Betty's rights and what damages, if any, and will she recover? Discuss.Betty had a contract with Art to build a barn, which Art breached when he informed her that he would be unable to complete it. The payment of $10,500 from Betty to Art is clearly a damage that she would be able to recover, plus the additional amount that it would cost for her to complete the barn. That is, if it cost her $150 per square foot to get the barn completed, she would be able to recover $50 per square foot as damages, as well as the $10,500 deposit. Finally, she would be able to recover interest on the $10,500 for the months that Art held it. Art would not have the benefit of a statute of frauds defense as this contract would be completed in less than a year.In her suit against John’s estate, what are Betty's rights and what damages, if any, and will she recover? Discuss.She probably won't have any claim against John's estate, as John's promise to her to build the barn free of cost was due to affection and out of gratuity, with no consideration coming from Betty to John in exchange. As such, it would be a gratuitous promise, unenforceable as a contract. In addition, the act of stopping to look for a replacement builder would not be quantifiable reliance damages to pursue damages under a "promissory estoppel" claim, as there was no affirmative action taken in reliance of the promise. Betty would not have a viable claim against John's estate.ScottyMacEsq
Licensed Texas General Practice Attorney
Lawyer: Asad Rahman, Lawyer replied 2 years ago

I will be happy to provide a more thorough answer. Otherwise I can opt out and perhaps another expert can be more helpful.

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Lawyer: Asad Rahman, Lawyer replied 2 years ago

The more info you can give me about the contract the better

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Customer reply replied 2 years ago
I think I will opt out Thanks Judy
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The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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