How the Restatement (Second) of Contracts Influences Fashion Contracts and Your Wardrobe Decisions

Within the fashion industry, much emphasis is placed on the fashion of the moment and fashion trends. In most instances, Take for example the Ankara Suits designs that are getting a lot of fans and love lately. Ankara Suits designs have gradually gained a lot of attention even as African fabric gains more and more popularity amongst this ‘new generation’ of fashion savvy clientele. Last week, I received a direct message on Instagram from a couple of clients who requested that I provide some Ankara Suits styles within this blog post. How else could I disobey a contract in the making for free publicity and advertisement other than to comply?

Having said that, the restatement (2d) of contracts deals with conceptions which are generally important to contracts and which are essentially common ground and understood by all parties involved (and which will also be analysed within this blog post). So, a contract is essentially an agreement between two or more persons regarding the terms and conditions surrounding a specific subject matter and the expectations thereafter. The restatement (2d) of contracts recognises that there is a general expectation surrounding the quality or standards which are reasonably certain of being met in performing an action or executing an obligation within an agreement. This can essentially come into play during any point within the life cycle of a business relationship. Even though the term “the restatement (2d) of contracts” may seem a bit new-fangled and out of reach, it does not have to be. To put it simply, the restatement (2d) of contracts is an ‘abridgement’ or ‘condensation’ of certain contract principles which are commonly known as well as some legal definitions which are crucial in helping parties involved within a contract make informed decisions. By ensuring that the agreement and contract elements are all there, a business setting itself up for success and an extension of these ‘success chances’ to all associates involved including vendors and stakeholders.

Take for example the requirement on a clothing vendor to deliver 10,000 items with the expression of an anticipated deadline of 7 months to do so. In that case, “7 months” will be regarded as “7 calendar months” within the agreement unless specified otherwise. In the event that the vendor falls through (which some vendors do), the party demanding the delivery would then have a reasonable expectation that the 10,000 items should be delivered on or before the seventh calendar month and be within the standard of “reasonable quality”. It is unlikely that a standard of “average quality” would be acceptable unless the parties involved agreed otherwise. Secondly, the person or business demanding the items can be assured that those items should be those that are usually sold within the market under normal circumstances unless the agreement includes an exception or specific details. For example, “10,000 high-end women’s button down jackets” instead of just “10,000 jackets”. Moreover, because the expected timing for delivery is specific, no one can be held liable for the “late delivery” unless there is some kind of physical enforcement to ensure compliance. In this particular situation, there was a minimum rate set for delivery or a required steady supply, there were actions in place to act in the event of late delivery. An example of one such action could be an interim payment method which could involve penalties for failure to deliver within a nominated deadline. But what would happen if the “8th calendar month” arrived, and the vendor had barely supplied 5,000 items? The person who demanded the items under the general expectations of the contract could terminate the entire agreement and find another vendor to deliver the remaining 5,000 items. As a result, the vendor could be liable for breach of contract. The standard contract language does not guarantee a successful result but it provides a guide for parties to refer to when determining if a breach has occurred and whether certain solutions are available.

As you might be wondering and even more perplexed at this point, the “restatement (2d) of contracts” is an incredibly long document which defines an array of legal principles and contract concepts. It is a condensed version of the larger case law which outlines common principles that people usually agree upon in business relationships. For instance, the restatement (2d) of contracts specifies that “a contract is formed if there was an offer, acceptance and consideration” (when two parties agree to something in exchange for something else). “Offer” relates to the proposal of one of the parties involved in the agreement. “Acceptance” relates to the agreement to the proposal from another party and “consideration” relates to the item, benefit, payment or action that will be exchanged. Take the example of TARA BRIDALS who specialised in the design and making of Ankara wedding gowns and Ankara Suits. An agreement could be formed between TARA BRIDALS and an individual who wants a bespoke Ankara wedding gown or Ankara Suit. The individual mentions the design elements required while informing TARA BRIDALS that she has X amount of money to pay for the gown. TARA BRIDALS proposes to deliver a gown which meets the parameters discussed and worked within a deadline of 5 weeks. The individual confirms agreement and mentions that she agrees with the amount of money that she had stated being appropriate for the service. That is the offer, acceptance and consideration. A contract is formed and unless there is some reason to change the agreed upon parameters, TARA BRIDALS should not deviate from it. Furthermore, the contract outlines that in exchange for the product, the individual will make payment – and due to the established deadline, payment should be made even if the person were overseas. Essentially, the pre-agreed upon criteria outlined within the contracting parties agreement would be protected and ensured. And that is the essence of the restatement (2d) of contracts.

In regard to positions where the contracting parties would receive some of their profits or individual benefits from a personal agreement, monetary compensation can be dependent on the agreement that you and the person making a purchase or supplying a service or goods agree upon. As much as you place emphasis on aesthetics, suppliers will place emphasis on quality and meeting their business obligations. In the event that it is not guaranteed that the parameters will be met, the parties should stipulate the alternative options that would need to be provided in order to protect their rights to payment or receipt of goods. As a result, the restatement (2d) of contracts allows for an understanding of the terms and conditions of a contract without needing to know every single detail of the restatement. It is an abstract understanding and guide of how contracts work, and working in tandem with a legal practitioner can allow for the mainstays of a contract to be simplified.