Royal Crown and Whitfield Distributions signed a contract providing that Whitfield Distributions would use reasonable efforts to promote and sell Royal Crown’s diet drink. Royal Crown was already being sold in Harris Teeter. After the contract was signed, Whitfield Distributions stopped conducting in-store demos of Royal Crown. It did not repackage the product as Royal Crown and Harris Teeter had requested. Sales of Royal Crown continued to increase during the term of the contract. Royal Crown sued Whitfield Distributions, alleging a violation of the agreement.

(Same situation) Suppose the contract stated: 1) Whitfield Distributions will make reasonable efforts to promote Royal Crown 2) Royal Crown will pay Whitfield Distributions $30,000 for its services. If Royal Crown wanted to pay only if Whitfield Distributions did an acceptable job, it should have

A) Added a modification clause

B) Made payment a conditional clause

C) Payment be at Whitfield Distributions’s sole discretion

D) Made payment a reciprocal clause

write a comment on the below discussion. Do you agree with the below discussion? Why or Why not? Also, give your opinion too.

Discussion 1:

EMR Rollout

Across the board, all research points to the issues that the VA is having in implementing the EHRM project. Of course, when we have such a big change happening in a large organization, the change will be cumbersome, and there will be pushback. Nevertheless, the most essential point to note—and the thing that many will remember—is how well-planned or unplanned the change is.

The EMR implementation within the VA is failing—but it is not a surprise—as many government projects done at the scale of EHRM do the same way. Even projects that succeed do so only after many struggles and after doubling the length of schedule and the budget. This particular project has thus far missed almost every deadline it set and significantly increased its budget. There is also no proof that the VA follows the guidance set by private entities that have done this transition before.

The VA attempted to get ahead of its track record by having the VA’s Office of Information Technology implement lean principles. The only problem was that the EHRM was not managed by OIT, rather a separate program using the waterfall method. Further, the program management is outside the VA, leading to a loss of accountability. No one can take direct action for pitfalls. Lastly, a large group such as the VA with over 350,000 employees must have proper training and committees to ensure that information is handled correctly by cross-training.

Projects for large groups are meant to have issues—and failure-prone. Dealing with and accepting reality is the first step. The VA is maintaining an “all is well” approach to the situation, which is not the right step. They need to acknowledge the issue, bring accountability to their management, and hire a consultancy to revamp the EMR rollout.