Discussion Board

A business relationship is not different from a regular or normal relationship because both require effort to maintain in which both parties can benefit. Don's situation, from a legal and spiritual perspective, should be analyzed more closely to determine which factors is relevant regarding the continuation of business. Don's pattern of unethical decisions as well as his behavior should be the major factors in the decision making process. There are other important factors as well, such as my spiritual view of the complete situation.

For instance, is Don trustworthy at this point to continue business transactions? His repetitive patterns of late payments of 45 to 60 days, without any charge of interest or penalties, though the invoices state that I have the right to charge him. Don's behavior is not that of a Christian or an ethical individual. Hebrews10:26 (English Standard Version) states, "For if we go on sinning deliberately after receiving the knowledge of the truth, there no longer remains a sacrifice for sins". Although Don is not a Christian, he is still reliable for his actions.

Don's behavior was unethical and dishonest when he decided to create a contract without consulting me, which also involves a minor. For example, the contract included a guaranteed price schedule consistent with what he had been paying. Don also told my 17 year old child that it was just a "formality" to guarantee a continuing business relationship. This statement alone, clearly demonstrate Don's intention or motive which is dishonest. A person character is the sum total of his or her disposition, thoughts, desires, intentions, and actions.

After the demand of scuppernongs went viral nationwide due to a columnist who wrote an article on my company performance, I received an offer from a company in Connecticut offering double the price of the going rate for the Scuppernongs. The situation with Don and the new opportunity with the company in Connecticut place me in a situation which requires a legal and ethical approach; therefore I have decided to discontinue business with Don.

If you should select not to do business with Don, what legal causes of action might he bring against your company, what damages or remedies might he seek, and what legal defenses might your company have?

In this situation, Don can pursue legal actions against me under the implied covenant of good faith and fair dealing. According to Andreason (2012), "The formal definition of the implied covenant is that parties cannot intentionally or purposely do anything which will destroy or injure the other party's right to receive the fruits of the contract (p.26)".

A contract is generally defined as a legally enforceable exchange of promises or an exchange of a promise for an act that ensures the parties to the agreement that their promises will be enforceable (Kubasek, Brennan, & Brown, 2012). In this case, there is no contract between the two parties. Don and I never agreed