Contracts Keyed to Scott
Monetti, S.P.A. v. Anchor Hocking Corp.
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- Topic: Identifies the topic of law and where this case fits within your course outline.
- Parties: Identifies the cast of characters involved in the case.
- Procedural Posture & History: Shares the case history with how lower courts have ruled on the matter.
- Case Key Terms, Acts, Doctrines, etc.: A case specific Legal Term Dictionary.
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- Brief Facts: A Synopsis of the Facts of the case.
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- Facts: What are the factual circumstances that gave rise to the civil or criminal case? What is the relationship of the Parties that are involved in the case. Review the Facts of this case here:
Anchor Hocking Corp. (Defendant) agreed in principle to become the sole U.S. distributor for Monetti S.P.A. (Plaintiff) food service products for ten years. Plaintiff sent Defendant a draft agreement. Defendant did not sign the draft agreement, but Defendant’s employee drafted a memo that incorporated all of the terms in Plaintiff’s draft agreement and added additional terms that Defendant wanted. The employee initialed the memo. Plaintiff, as was required in its draft agreement, gave Defendant all of the assets of Melform, a Plaintiff subsidiary, which had previously distributed Plaintiff’s food service products. In addition, there was a second Anchor memo, an internal memo Defendant’s letterhead that included in “Exhibit A” all terms of the draft agreement except one. Davis, the drafter of this memo referred to it as the “summary agreement” with Plaintiff. Not long after Defendant wrote this second memo, Plaintiff sued for breach of contract. Defendant argued that the statute of frauds precluded the lawsuit because the agreement was not to be performed within one year and was not in writing. The trial court held that the suit was barred by the Uniform Commercial Code (UCC) statute of frauds. Plaintiff appealed.
- Issue(s): Lists the Questions of Law that are raised by the Facts of the case.
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