Read the following contact dilemmas. For each dilemma below, identify the clause that should be include in the contact and provide an example draft of the clause.
- Arthur’s business is located in Chippewa Falls, Wisconsin. He wants to be sure that any litigation that could possibly arise from a breach of contract is heard in front of a Wisconsin judge.
- Suzanne knows that the cost of litigation can be costly and timely. She owns a small business in Tampa, Florida and will be selling gift baskets. So that she can avoid costly litigation in case of a breach of contract she wants a clause that makes alternative dispute resolution the proper place to settle a dispute.
- Amber and Joe run a rather successful business; however, they seem to get sued on a regular basis by irate customers. Almost all of the lawsuits are thrown out for being frivolous or lacking merit. Frustrated with the costs associated with defending these frivolous suits, they want to include a clause that makes the customer who brings forward the lawsuit responsible for the legal fees if the case is found in favor of Amber and Joe.
- Fred is ecstatic to be starting his new business. Now that all of the financing is secured, he needs to locate a space for his new auto parts store. He is seeking a rental property due to the high cost of purchasing a property in his area. The success rate of a start-up business is not great, for this reason Fred wants to be able to sublet the space to someone else in case his business does not make it.
- Kym owns a floral shop and works with a variety of venders in order to fulfill the large amount of floral orders that she receives throughout the year. In working with the vendors, it is imperative that she receives flowers by the stated dates or else she will not have them in time to fulfill holiday and time sensitive occasion orders such as weddings.