Scheck owns a Burger Queen fast food restaurant franchise in the middle of Smallville (pop. 5,943). The franchise is held under a highly detailed 45-page called the “Franchise Agreement.” One term of the Agreement gives Scheck the right to operate a BQ franchise restaurant at the corner of Main and Elm in Smallville. The Agreement specifically goes on to provide, however, that “nothing contained herein shall be read to grant or imply that [Scheck] shall have any area, market, or territorial rights in such geographic area. Scheck has learned that BQ has just negotiated an agreement with Marryat Corp., a major national food-services company, to build a brand-new Burger Queen franchise right at the point where Main Street meets the Interstate, only a few blocks from Scheck’s store. Some Burger Queen employees tell Scheck that the company is hoping that Marryat ultimately acquire a substantial number of its outlets and that it will help the company get rid of older stores owned by small-town business people and increase the professionalism of the ultimate product. When the sparkling new building opens in its prime location, it quickly picks up a huge share of the market. Scheck’s business plummets. The relatively few customers he gets, in fact, tell him that they came to his store because the lines at the one on the Interstate were too long. He sues, arguing that Burger Queen opened the new store knowing that it would drive him out of business, and thus violated its obligation of good faith. BQ points to the explicit language of the Agreement.  (a) What are Scheck’s arguments that Burger Queen breached its contract with Scheck? (b) What are Burger Queen’s arguments that it is acting within its rights under BQ’s contract with Scheck?  Be sure to indicate in your answer which party’s arguments you find to be stronger and why.    

Landlord and Tenant entered into a three-year written lease for office space at $1,000 per month. The lease provides that “if Tenant vacates the premises early, then Tenant shall be liable for the entire unpaid balance of the lease immediately.” Tenant did, in fact, vacate the office after only one year, and Landlord sued, seeking recovery of $24,000. What is Tenant’s best argument that the Landlord should NOT recover $24,000 as provided in the contract?

Same facts as the previous question: Patty’s Party Supplies faxed a purchase order to Bart’s Balloons for 70,000 balloons, “in an assortment of colors.” Patty followed up her purchase order with a phone call to Bart: “It is especially important for me to get black balloons for use at ‘Over the Hill’ birthday parties.” Bart said he should have no trouble filling the order. A few hours later, Bart faxed back a confirmation, stating, “Bart’s Balloons will supply the balloons per the terms of your written purchase order in one week for $3,500 (5 cents per balloon), payment due on delivery. Please confirm these terms by your signature below.” Patty signed the confirmation form and faxed it back to Bart. Bart delivered the balloons on the due date, consisting entirely of round balloons, 10,000 each in colors of red, orange, yellow, green, blue, indigo, and violet (the literal colors of the rainbow). None of the balloons are black. Was Bart contractually obligated to provide black balloons in filling Patty’s order?

Phenylbutazone can be used cautiously in [species] cattle as long as strict withdrawal times are followed, but it is BANNED in [species] cattle.

NSAIDs in cats tend to have a longer or shorter half-life due to a glucuronyl transferase deficiency.

Which intermediate acting Glucocorticoid drug is used in cats?

In a B2B environment, the salesperson interested in gaining a NEW customer can create the highest amount of economic value for the new client by immediately reducing the selling price.

Social context within a negotiation includes the identity, values, and beliefs of an individual. These will manifest through emotion.  

In the TedX, The Art of Negotiation by Maria Ploumaki identifies three elements which influence the decision-making process during negotiations.  They are 

The use of story telling in sales situations has several applicable benefits.  All are examples of benefits EXCEPT_____