ETH 321 Week 1 Case Study | Assignment Help | University of Phoenix
- University of Phoenix / ETH 321
- 12 Sep 2018
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ETH 321 Week 1 Case Study | Assignment Help | University of Phoenix
Week 1 Case
Study
Apply:
Alternative Dispute Resolution (ADR), Ethics and Risk Management Study
The purpose of this assignment is to analyze and select an appropriate
method of alternative dispute resolution (ADR) for a business dispute, to
examine unethical business behavior, and to develop risk management procedures
to avoid or reduce claims and litigation.
Read the following
scenario:
Dazzling Dough Co. sells pizza dough to
local pizza restaurants. Most of the restaurants buy at least 150 pounds of
pizza dough from Dazzling Dough Co. in each order. Jerry's Pizza contacted
Dazzling Dough Co. to purchase 200 pounds of pizza dough, along with some other
items. Dazzling Dough Co. sent Jerry's Pizza a written contract, prepared by
Dazzling Dough Co.'s lawyer, stating that "Jerry's Pizza agrees to
purchase 200 pounds of pizza dough, pizza toppings, desserts and soft drinks
for $30,000." Jerry's Pizza signed and returned the contract.
A few days later, Dazzling Dough Co.
sent Jerry's Pizza 125 pounds of pizza dough and 75 pounds of pizza toppings,
desserts, and soft drinks. Jerry's Pizza contacted Dazzling Dough Co. about the
error in the contract and demanded an extra 75 pounds of pizza dough. Dazzling
Dough Co. said there was no error, that Jerry's Pizza signed the contract so
they agreed to the terms, and it was not sending the extra pizza dough.
After several attempts to resolve the
dispute and a pressing need for dough, Jerry's Pizza terminated the contract
and sent Dazzling Dough Co. a check for $15,000 for the 125 pounds of pizza
dough, pizza toppings, desserts and soft drinks. Jerry's Pizza immediately
purchased 75 pounds of pizza dough from another company for $12,000. Both
parties are threatening to sue each other for breach of contract. They prefer
to resolve the dispute out of court because the contract contains a clause that
awards reimbursement of attorney's fees to the winning party.
The board of directors of Jerry's Pizza
scheduled a meeting with you and other senior management at the company to
discuss the dispute. You'll need to prepare a strategic plan overview (an
abbreviated strategic plan, not a full plan) for the board that explains why
there is a dispute, suggests various settlement proposals, and provides
recommendations on how Jerry's Pizza can avoid this kind of dispute in the
future.
Prepare a 525- to
875-word strategic plan overview to resolve the legal dispute for the board
(use the bullet point headings provided below to format your overview)
addressing the following:
- Summary
of Dispute
- Identify
the source of the dispute.
- Identify
each party's interpretation of the contract language.
- Identify
whether each party's interpretation is reasonable.
- Identify
any missing facts that would be helpful to know in order to resolve the
dispute.
- Proposed
Revisions to Contract Language
- Recommend
specific revisions to the contract's language so that it is clear what
Jerry's Pizza expected to buy and what Dazzling Dough Co. is required to
deliver.
- Ethical
Considerations
- Explain
the ethical considerations for a company to enforce specific terms of a
contract against another company if the other company is mistaken about
what was agreed to. Discuss the factors that should be considered.
- Recommendations
- Two
to three possible settlement options (e.g., pay for the disputed dough,
reduce the amount of dough to be purchased, split the difference, refuse
to pay, etc.)
- Two
to three methods of dispute resolution (e.g., negotiation, mediation,
arbitration, litigation, etc.) that Jerry's Pizza can propose to Dazzling
Dough Co.
Create a one-page
visualization to represent the information you provide in this
assignment.
- Use
the Table, SmartArt, or Chart visual representation options available in
Microsoft® Word by clicking on the Insert tab located on the ribbon at the
top of the window. Locate the Word Help function in the version of
Microsoft® Word that is installed on your computer for assistance.
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