Preview

Big Time Toymaker

Good Essays
Open Document
Open Document
1420 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Big Time Toymaker
Case Scenario: Big Time Toymaker
This scenario deals with Big Time Toymaker and a contract they were negotiating with Chou, the inventor of a new strategy game that BTT wanted exclusive negotiation rights for a 90-day period. When Chou received an email with the details of what they were going to agree upon, he thought that was the contract and did not proceed in drawing up a contract himself. Months passed and when BTT changed management, they informed Chou that they were not interested in distributing his new strategy game, Strat.
In the Big Time Toymaker Case Scenario, the 2 parties, Big Time Toymaker,which is the offeror and Chou which is the offeree were engaging in a goods or products type contract. Contracts that involved goods or products such as the strategy game that BTT was purchasing from Chou are governed by state statutory law. With the exception of Louisiana, state statutory law is based on the Uniform Commercial Code (UCC)(MELVIN, 2011). In addition to Big Time Toymaker and Chou engaging in a goods or products contract, they formed a bilateral contract. “A bilateral contract involves 2 promises and 2 performances (MELVIN, 2011).”
Big Time Toymaker and Chou actually engaged in a contract under the notion of mutual assent because they reached an agreement which utilized a combination of offer and acceptance (MELVIN, 2011). Since Big Time Toymaker, the offeror, made a valid offer to Chou, the offeree whom accepted the offer of $25,000 to distribute the strategy game called Strat, the 2 parties became bound by the agreement’s terms. In addition, the agreement met the other 3 requirements of consideration, capacity, and legality for the formation of a valid contract.
There are several factors that will weigh in favor of Chou such as the offeror; Big Time Toymaker had an objective intent to contract when the company made the offer to Chou. In addition, under the circumstances, a reasonable person would have believed the language and intent of the

You May Also Find These Documents Helpful

  • Satisfactory Essays

    law421 week 3

    • 683 Words
    • 3 Pages

    In common law legal systems a contract is a agreement in which parties into it voluntarily, each of whom intend to create one of more legal obligations. The elements are that there is a offer and a acceptance, proof of these can be in writing or orally by conduct. I believe they had a verbal agreement from the beggining once Chou was paid the $25,000.00 for the exclusive negotiation rights, after the 90 days, I believe there was a…

    • 683 Words
    • 3 Pages
    Satisfactory Essays
  • Good Essays

    In the case of Durick and Andrus, an offer was made when Durick proposed to Andrus that he needs to renew his policy, but Andrus stated that he would only accept the new policy and counter offered. In order to have a valid contract there needs to be meeting of the minds and offer and acceptance should be present. Andrus didn’t want the $48,000 policy so there was no acceptance made.…

    • 493 Words
    • 2 Pages
    Good Essays
  • Better Essays

    Gb519 Unit 4 Paper

    • 937 Words
    • 4 Pages

    The founder and CEO of EBI recently received a proposal from the vice president of Great Deal, Inc. (GDI), a large discount retailer. The vice president proposed a joint venture between his company and EBI, citing the growing demand for organic products and the superior distribution channels of his organization. Under this venture EBI would make some minor changes to the manufacturing process of some of its best-selling baby foods, which would then be packaged and sold by GDI. Under the agreement, EBI would receive $3.10 per jar of baby food and would provide GDI a limited right to advertise the product as manufactured for Great Deal by EBI. Initial calculations determined that the direct materials, direct labor, and other variable costs needed for the GDI order would be about $2 per unit as compared to the full cost of $3 (materials, labor, and overhead) for the equivalent EBI product. The CEO must decide whether or not to accept the proposed venture from…

    • 937 Words
    • 4 Pages
    Better Essays
  • Satisfactory Essays

    I think the parties had a contract as soon as BTT sent over the email names Strat Deal. If it weren't in the exclusive negotiation agreement that stated the no distribution contract valid unless it's in writing, then I would say they were in a contract when Chou accepted the 25,000 from BTT for the 90-days exclusive rights.…

    • 739 Words
    • 3 Pages
    Satisfactory Essays
  • Satisfactory Essays

    Trade Joe Essay

    • 562 Words
    • 3 Pages

    Firstly, the Trade Joe had long-term partnerships with NDP and Dairy Smart Inc., and they maintained healthy relationships for many years. However, the Trade Joe violated contracts unilaterally, and the author pointed out that Trade Joe was also “intentional interference with contractual relations; unjust enrichment, breach of contract, and acting in bad faith” (Echeverria, 2004). Therefore, the Trade Joe’s behavior was unethical, and it should not use these methods to achieve its purpose, which damaged interests of NDP and Dairy Smart Inc.…

    • 562 Words
    • 3 Pages
    Satisfactory Essays
  • Good Essays

    Issue: The issue is whether the objective circumstances indicate that the parties intended to form a contract…

    • 981 Words
    • 4 Pages
    Good Essays
  • Good Essays

    Big Time Toy Maker

    • 908 Words
    • 4 Pages

    Chou and BTT had a contract at the point they agreed to all the terms. By including the obligations of the parties and the terms of the agreement, the manager showed objective intent. A written contract was not necessary since this was a contract primarily dealing with services to distribute the game, not a production contract or a sales contract. Had it involved a goods contract to buy or sell, which under the Statutes of Frauds would not be a contract until all the terms were laid out in writing; that occurred when the manager from BTT emailed the terms which would have included his electronic signature and thus would have sealed the contract between the two. Also, if the contract is under common law, then the mailbox rule would say it went into effect when it was sent, not received.…

    • 908 Words
    • 4 Pages
    Good Essays
  • Satisfactory Essays

    Man223 Ecommerce

    • 475 Words
    • 2 Pages

    In 2003, Toys “R” Us noticed other companies selling toys and baby products on Amazon. Amazon offered to share the profits, Toys “R” Us refused. Amazon said there was a provision, which allowed them and other companies to sell up to 3.5% of toys, games and baby products. Toys “R” Us disagreed. Amazon stated that the contract stated that they were allowed to sell products that Toys “R” Us didn’t offer.…

    • 475 Words
    • 2 Pages
    Satisfactory Essays
  • Better Essays

    Elements of a Contract

    • 940 Words
    • 4 Pages

    This paper is a study of the Element of a Contract detailing the essential elements that constitute a legal binding agreement. A contract can be defined as an agreement between two or more persons for example, individuals, organizations or government agencies and or business, to do, or to refrain from doing something in exchange for something of value. The text states “to qualify as a contract, a set of promises must be based on a voluntary agreement, which is made up of an offer and an acceptance of that offer. In addition, there usually must be consideration to support each party’s promise. The contract must be between parties who have capacity to contract, and the objective and performance of the contract must be legal” (cited in Mallor, J.P., Barnes, A.J., Bowers, T., & Langvardt, A.W. (2010). Business Law: The Ethical, Global and E-Commerce Environment. New York McGraw-Hill/Irwin. pg. 328).…

    • 940 Words
    • 4 Pages
    Better Essays
  • Satisfactory Essays

    The Breech of Contract

    • 637 Words
    • 3 Pages

    As previously stated we agreed that he would pay me back over the span of two pay periods, which is a whole month. Well after a month I never received anything from Jared so technically he had a breech of contract. Was I worried about the money? No, but now I start thinking if he didn’t give me money back how can I legally get my money back? What do I do take him to small claims court? We never had anything in writing to prove our acknowledgement of a contract. A contract whereby one person…

    • 637 Words
    • 3 Pages
    Satisfactory Essays
  • Good Essays

    During the negotiation of Moms.com, I played the role of Kim Taylor, the buyer from WCHI. I read the information over a few times and then tried to determine mine and the seller’s BATNA and reservation point. After reviewing the data, I determined that my BATNA would be to continue with an existing contract for more episodes of a current program, even though the ratings of the show were declining. The point where I would walk away with the negotiation would have been $8M for 7 runs per episode. On the other side of the table, I determined my counterparty’s BATNA was to complete the sale with the other competitor of WCHI and the seller’s reservation point was probably $6M for 6 airings per episode. This meant that we had a positive bargaining zone of $2M, which is very good for both parties. Our negotiations concluded with the two parties coming to an agreement of $7M for the contract of Moms.com and 7 runs per episode over a five year period.…

    • 431 Words
    • 2 Pages
    Good Essays
  • Powerful Essays

    Controlling Case study

    • 17854 Words
    • 72 Pages

    Gietzmann, M. B. (1996). Incomplete contracts and the make or buy decision: governance design and…

    • 17854 Words
    • 72 Pages
    Powerful Essays
  • Powerful Essays

    Marketing

    • 1037 Words
    • 5 Pages

    Learning Objectives • What is a contract? What are the four basic elements necessary to the formation of a valid, contract? • What are the various types of contracts?…

    • 1037 Words
    • 5 Pages
    Powerful Essays
  • Satisfactory Essays

    MEB T01 5

    • 313 Words
    • 2 Pages

    d) Refer to Qu (3) - Outline specific recommendations to Amazon.com for negotiating a settlement with Toys R Us that would benefit both companies.…

    • 313 Words
    • 2 Pages
    Satisfactory Essays
  • Powerful Essays

    Case study

    • 2513 Words
    • 10 Pages

    An offer is defined in Preston Corpn Sdn Bhd v Edward Leong [1982] as an intimation of willingness by an offeror to enter into a legally binding contract. Its terms either expressly or impliedly must indicate that it is to be become binding on the offeror as soon as it has been accepted by the offeree. The crucial factor that determines whether something amounts to an offer is the intention to be bound, which is usually shown by the wording.…

    • 2513 Words
    • 10 Pages
    Powerful Essays