GM520 - Week 4 Discussion Questions

GM520 - Week 4 Discussion Questions - Week 4 Discussion...

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Week 4 Discussion Question No. 1 Read Killer Performance Requirements on p. 444 in Chapter 13 of your eBook. 1. Are guidelines and chargeback fees clauses required by large retailers really negotiable? 2. Should the doctrine of unconscionability (See Water v. Min, Ltd.) be available as a defense to small suppliers challenging onerous performance requirements? 3. Is it ethical for large retailers to impose "take it or leave it" clauses on small (at least by comparison) suppliers? Should Courts enforce contract provisions that were imposed by economic power rather than crafted by negotiation? From my experience, yes, the guidelines and chargeback fee clauses are negotiable. Although the corporate offices (i.e. Macy’s Headquarters) provide the retail stores with standard documentation and protocol for most vendors who wishes to do business with them, in some cases, corporate companies will make exceptions for products that are in very high demand. However, this is the exception rather than the rule. Most of the time, these bilateral contracts are just signed by both parties in agreement with the terms and conditions stipulated; however, if the retailer values the vendor’s product and cannot find a suitable replacement, the retailer has no choice but to renegotiate some of the terms in their contracts to supply their customers the demanded product. The doctrine of unconscionability should not be available as a defense to small suppliers challenging onerous performance requirements. The doctrine of unconscionability is “considered a contract [that] no man in his senses and not under delusion would make on the one hand, and as no honest and fair man would accept on the other”. In this particular scenario, the
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This note was uploaded on 10/13/2011 for the course MAFM FI516 taught by Professor Anthonycriniti during the Spring '10 term at Keller Graduate School of Management.

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GM520 - Week 4 Discussion Questions - Week 4 Discussion...

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