Business law- campbell soup vs the wentz brothers contract

Campbell Soup made output contracts with farmers, providing seed and agreeing to purchase the entire crop at a fixed price of $30/ton. The Wentz brothers were farmers who grew Chantenay carrots for Campbell.  In 1947, the scarcity of these carrots raised the price per ton to $90. Campbell’s soup needed these particular kinds of carrots for their soup because of their shape, color, and consistency. The contract contained some very lopsided provisions that excused Campbell’s Soup from performing in many cases, but prevented the farmers from selling elsewhere without permission.

For each individual grower the agreement was made by filling in names and quantity and price on a printed form furnished by Campbell Soup. The form was quite obviously drawn up by skillful draftsmen with the buyer’s interests in mind.

Paragraph 2 provided for the manner of delivery. Carrots were to have their stalks cut off and be in clean sanitary bags or other containers approved by Campbell. This paragraph concluded with a statement that Campbell’s determination of conformance with specifications shall be conclusive.

The next paragraph allowed Campbell to refuse carrots in excess of twelve tons to the acre. The next contained a covenant by the grower that he will not sell carrots to anyone else except the carrots rejected by Campbell nor will he permit anyone else to grow carrots on his land. Paragraph 10 provided liquidated damages to the extent of $50 per acre for any breach by the grower. There was no provision for liquidated or any other damages for breach of contract by Campbell.

Paragraph 9 stated that Campbell was excused from accepting carrots under certain circumstances. But even under such circumstances the grower, while he could not say Campbell is liable for failure to take the carrots, was also not permitted to sell them elsewhere unless Campbell agreed.  What the grower could do with his product under the circumstances set out was not clear. He has covenanted not to store it anywhere except on his own farm and also not to sell to anybody else.

Since the contract price was only $30, the Wentz’s sold most of their carrots to Lojeski, who sold half to Campbell. When Campbell’s found out that they were buying “contract carrots” they sued for specific performance.

There was no claim by the Wentz brothers that the contract was illegal. Nor was it suggested that there was any excuse for the Wentz brothers who deliberately broke an agreement entered into with Campbell.

However, when a party comes to court and asks for an equitable remedy like specific performance (in effect, asking the court to order the Wentz brothers to do exactly what the contract required them to do), the court will not grant this remedy if it is felt that the contract is unconscionable.

Is the contract that Campbell Soup entered into with the Wentz brothers unconscionable? Why or why not? What are the ethical issues that are raised here?

 150-250 words with citation to sources used, such as eText page references and/or credible websites) 

Get 20% Discount on This Paper
Pages (550 words)
Approximate price: -

Try it now!

Get 20% Discount on This Paper

We'll send you the first draft for approval by at
Total price:
$0.00

How it works?

Follow these simple steps to get your paper done

Place your order

Fill in the order form and provide all details of your assignment.

Proceed with the payment

Choose the payment system that suits you most.

Receive the final file

Once your paper is ready, we will email it to you.

Our Services

Paper Helper has assembled a team of highly skilled writers with diverse experience in the online writing circles. Our aim is to become a one stop shop for all your Academic/ online writing. Check out below our amazing service!

Essays

Essay Writing Services

At Paper Helper, we prioritize on all aspects that creates a good grade such as impeccable grammar, proper structure, zero-plagiarism, and conformance to guidelines. The principal purpose of essay writing is to present the author's evaluation concerning a singular subject about which they have made. Since Professionalism is the mother of every success, try our team of experienced writers in helping you complete your essays and other assignments.

Admissions

Admission Papers

You have been trying to join that prestigious institution you long yearned for, but the hurdle of an admission essay has become a stumbling block. We have your back, with our proven team that has gained invaluable experience over time, your chance of joining that institution is now! Just let us work on that essay.How do you write an admission essay? How do you begin the essay? For answers, try Quality Custom Writers Now!

Editing

Editing and Proofreading

Regardless of whether you're pleased with your composing abilities, it's never an impractical notion to have a second eye go through your work. The best editing services leaves no mistake untouched. We recognize the stuff needed to polish up a writing; as a component of our editing and proofreading, we'll change and refine your write up to guarantee it's amazing, and blunder free. Our group of expert editors will examine your work, giving an impeccable touch of English while ensuring your punctuation and sentence structures are top-notch.

Coursework

Technical papers

We pride ourselves in having a team of clinical writers. The stringent and rigorous vetting process ensures that only the best persons for job. We hire qualified PhD and MA writers only. We equally offer our team of writers bonuses and incentives to motivate their working spirit in terms of delivering original, unique, and informative content. They are our resources drawn from diverse fields. Therefore your technical paper is in the right hands. Every paper is assessed and only the writers with the technical know-how in that field get to work on it.

Coursework

College Essay Writing

If all along you have been looking for a trustworthy college essay service provider that provides superb academic papers at reasonable prices, then be glad that you search has ended with us. We are your best choice! Get high-quality college essay writing from our magnificent team of knowledgeable and dedicated writers right now!

Coursework

Quality Assignment/Homework Help

We give the students premium quality assignments, without alarming them with plagiarism and referencing issues. We ensure that the assignments stick to the rules given by the tutors. We are specific about the deadlines you give us. We assure you that you will get your papers well in advance, knowing that you will review and return it if there are any changes, which should be incorporated.