Strategy of Blue Fin Crab Restaurant - Superior Seafood, Inc - Research Paper Example

Strategy of Blue Fin Crab Restaurant - Superior Seafood, Inc When Blue Fin Crab Restaurant entered into a contract with Superior Seafood, Inc, it was for the benefit of both entities. The contract that was signed was meant to be binding to both parties and was supposed to be followed to the letter. When Superior Seafood, Inc thinks it’s is too big to breach the contract, and deliver goods other than those that the contract specifically states should be delivered, that is clear violation of the law. Any violation of the law should not be overlooked (Habibi, 2012). Today, we have two interests. One that definitely is big and has immense power and another that serves the local people of Stevensonville, Md. When the big party feels it big enough to bully the small party, then the law should be enforced to protect the interests of the small party (Habibi, 2012). Superior Seafood Inc violated the simple terms of the contract it signed with Blue Fin Crab restaurant hence breaching the contract. It is very clear that Superior Seafood Inc delivered to Blue Fin Crab Restaurant crabs that are not in fact Maryland Blue Fin Crab meat. Selling Blue Fin Crab meat is the strong point for this restaurant. People go to Blue Fin Crab Restaurant specifically because it is known to prepare Blue Fin Crab meat (Habibi, 2012). When Superior Seafood Inc tries to kill the restaurant, by supplying different crab meat, which will eventually dirty the reputation of the restaurant as a liar, one which purports to sell blue fin crab meat, and sells something else, and thus putting the welfare of the people who directly or indirectly depend on the restaurant in jeopardy, Superior Seafood Inc should be taught that this is wrong, unethical, against the law of Maryland, and that it cannot be tolerated (Habibi, 2012). This is a local case involving a local producer being bullied by a corporation that has presence all over the country. The case surely should be listened here, for justice to prevail. Subjecting Blue Fin Crab Restaurant to unforeseen costs and stresses of filing the case far from this place is unfair and unjustified. Blue Fin Crab Restaurant is a moderate restaurant that cannot afford the costs that may accrue if the case if transferred to federal jurisdiction (Habibi, 2012). According the Maryland law, a civil action at law shall be filed within three years of the date it accrues, which is that date of the wrong. The date the contract was breached (Habibi, 2012).Maryland law also stipulates that if the amount involved in the breach of contract case is over $10000,then the case qualifies to be heard in the Circuit Court (Habibi, 2012). Blue Fin Crab Restaurant stands to lose $25,000 which it paid as dawn payment before the contract was initiated. This clearly is over the $10000 that is required for the case to be heard in Circuit court. In addition, there is a written and valid agreement that was agreed upon, clearly showing the offer, acceptance and consideration. Therefore, there is every reason to sue Superior Seafood Inc for violating the terms of the contract it signed with Blue Fin Crab Restaurant (Habibi, 2012). The contract stipulates that the delivery begin on May 15, 2012, after a dawn payment of $25000 on April 15th, 2012. Blue Fin Crab Restaurant is also required to pay $3,125.00 by the 15th day of each month until the full agreed amount is met (Habibi, 2012). According to the contract, only Blue Fin Crab meat should supply to Blue Fin Crab Restaurant. It is clear that three years bracket, required by the law for the suit to proceed, have not yet elapsed since the contract was signed between the Blue Fin Crab Restaurant and Superior Seafood Inc and therefore the suit is valid (Habibi, 2012). The amount of money involved in this case is way above the minimum amount required to file a suit in a circuit court. Therefore, there is no way that the case can be dropped based on argument that it does not meet the standards set. Maryland’s law requires that at least $10000 should be involved in the dispute (Habibi, 2012). This case involves the potential of losing $25000.It must therefore proceed to hearing. Nevertheless, there is a very clear contract, with clear terms on how the agreement will be initiated. Superior Seafood Inc should deliver 30 bushels blue fin crab meat at Blue Fin Crab Restaurant and the transportation costs will be borne by Superior Seafood Inc (Habibi, 2012). This should be done every week until the agreed amount of 960 bushels is met. For Superior Seafood Inc to ignore this clearly stated rule of engagement is unacceptable and should be punished (Habibi, 2012). The owner of Blue Fin Crab Restaurant is a very experienced person in crab picking. He has been picking crabs for the past 20 years and therefore, cannot be said not to understand when Superior Seafood Inc delivers something else other that blue fin crab meat (Habibi, 2012). Moreover, Mr. Mayhab Oscar Blue, owner of Blue Fin Crab Restaurant, has employed 25 others, giving them a means of livelihood. For Superior Seafood Inc to come around and try to lie to Blue Fin Crab Restaurant that it is delivering blue fin crab meat, when indeed it is delivering something different is unfortunate. Superior Seafood Inc employs only 17 people in Maryland (Habibi, 2012). Despite Blue Fin Crab Restaurant owner having experience in crab picking, and therefore he could easily tell blue fin crab meat from other kinds of crab meat, he went ahead to get a scientific proof from the Department of Agriculture (Habibi, 2012). The results confirmed his suspicion. Therefore, there is reason beyond reasonable doubt that Superior Seafood Inc breached the contract by delivering different type of crab other than the one agreed. Blue Fin Crab Restaurant had to undergo this trouble to verify the meat because the producer seemed untrustworthy. The expenses that the restaurant incurred should not have been incurred if the producer kept their fair share of the bargain (Habibi, 2012). The restaurant has specialized in Maryland Blue Fin Crab and has become very popular with the local residents and even to those traveling route 50 to Ocean City. The simply action of deceiving Blue Fin Crab Restaurant could have very negative effects on the reputation of the restaurant, and therefore, the restaurant may end up losing its good ratings (Habibi, 2012). This case should be tried in Maryland courts because it involves a local brand that is a favorite to a people around Maryland. They only, understand the welfare they derive from consuming this specific type of crab meat (Habibi, 2012). Transferring the case to the District Court in Baltimore will be unfair to Blue Fin Crab Restaurant because the people there may not really understand why Blue Fin Crab Restaurant is insisting on blue fin crab meat. Besides they may not understand how much people around Western shore love the blue fin crab meat. Superior Seafood Inc has a national face, is a bigger corporation therefore has no problem with the case being held in the District Court in Baltimore. This will result in unfair judicial process. The case, with all rationality should therefore be heard in a Maryland court (Habibi, 2012). Blue Fin Crab Restaurant is a well established restaurant in Maryland, with 25 employees, compared to Superior Seafood Inc which has only 17 employees. It is only fair that since the contract was breached in Maryland, involving a locally known restaurant, the case should not be transferred to anywhere else (Habibi, 2012). The case at hand is strong because it meets all the minimum required standards for it to proceed. Blue Fin Crab Restaurant has a chance of fair hearing and winning the case if it is heard in Maryland, because the locals understand what is at stake (Habibi, 2012). Superior Seafood Inc should be punished for not keeping the end of its bargain, despite being paid in the required dawn payment. It should also be investigated for the services it provides because it is both rude and unprofessional to lie, quietly supplying different material than the agreed upon (Habibi, 2012). The matter is made more complicated by the fact that it was just the first supply Superior Seafood Inc was delivering, and it lied. Blue Fin Crab Restaurant also underwent extra costs to purchase fresh blue fin crab meat, which the restaurant had not intended. Moreover, the restaurant incurred costs in proving that the crab meat supplied was actually not blue fin crab meat (Habibi, 2012). All this trouble could have been avoided had Superior Seafood Inc followed the contract, and not tried to short-change their client. For this reason, Superior Seafood Inc should be punished according to the law regarding breaching of contracts. If the case is not tried in Maryland, prospects of a fair hearing are minimal, and Superior Seafood Inc may not pay fully for breaching the contract (Habibi, 2012). This will encourage it to continue short-changing the clients involved with it. This is unethical and should be stopped now, by hearing the case in a Maryland court. References Read More