Preview

LAW 421 WEEK 4

Satisfactory Essays
Open Document
Open Document
478 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
LAW 421 WEEK 4
1. At what point, if ever, did the parties have a contract?

The only agreement that was made between the two was at the start.. The 90 day period that was paid off by BTT for Chou. After this there was no actual contract. They did discuss about having a contract and making it go through email but in the end there came out to be no contract. As it came out to be with no legal signatures from either of the sides then there was nothing to keep.

2. What facts may weigh in favor of or against Chou in terms of the parties’ objective intent to contract?
The favor goes to Chou because BTT showed a lot when they gave in the 25,000. After that the oral agreement came to be played in. And last came the final details of what else should be included all in it. There was a chance of making it a contract but like stated before without a signature nothing came about.

3. Does the fact that the parties were communicating by e-mail have any impact on your analysis in
Questions 1 and 2 (above)? 1- There was no analysis based of a email and still giving the factor of no signature created nothing in the end. 2-Basically it’s a yes and no deal. You can tell that Chou seen the facts of the email becoming a contract, but if there is no signature then there was no 90 days.

4. What role does the statute of frauds play in this contract?
The one type of item that is accused by the potential fraud is the 500 $ sale item. The main original part of agreement between the two was the $25,000 but that would have been proven fraud in the end. With the emails being send by both of them and no names with no signatures they would have had nothing out of the whole case.
5. Could BTT avoid this contract under the doctrine of mistake? Explain. Would either party have any other defenses that would allow the contract to be avoided?
They cant and did not avoid the whole thing because there were mistakes made. The doctrine is used mainly for the factor of steading everything because

You May Also Find These Documents Helpful

  • Good Essays

    Chou and BTT reach the point of having a contract when they agree to all terms. In the email send by BTT covering the obligations of the parties and the terms of the agreement, BTT showed objective intent. According to Melvin,” Objective intent Requirement for an offer to have legal effect necessitating that generally, the offer or must have a serious intention to become bound by the offer and the terms of the offer must be reasonably certain” (Melvin, 2011, pa 724). Because the contract did not involve the sale of goods, land, or lease of goods or land a written contract was not necessary. In the case of Chou and BTT contract, this situation deals with services for the distribution of the game, and not a production contract or a sales contract.…

    • 381 Words
    • 2 Pages
    Good Essays
  • Satisfactory Essays

    Big Time Toy Maker

    • 473 Words
    • 2 Pages

    2. What facts may weigh in favor of or against Chou in terms of the parties’ objective intent to contract?…

    • 473 Words
    • 2 Pages
    Satisfactory Essays
  • Satisfactory Essays

    Could BTT avoid this contract under the doctrine of mistake? Explain. Would either party have any other defenses that would allow the contract to be avoided?…

    • 462 Words
    • 2 Pages
    Satisfactory Essays
  • Good Essays

    Case Outlines

    • 1034 Words
    • 5 Pages

    The contract was not signed by the Commissioner, and therefore insists that the signature of the Commissioner is “absolutely essential to the formation of the contract”.…

    • 1034 Words
    • 5 Pages
    Good Essays
  • Satisfactory Essays

    Could BTT avoid this contract under the doctrine of mistake? Explain. Would either party have any other defenses that would allow the contract to be avoided?…

    • 534 Words
    • 2 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 Toymaker V. Chou

    • 943 Words
    • 4 Pages

    2. What facts may weigh in favor of or against Chou in terms of the parties’ objective intent to contract?…

    • 943 Words
    • 4 Pages
    Good Essays
  • Good Essays

    Big Time Toy Maker

    • 908 Words
    • 4 Pages

    There are a few facts that weigh in favor of Chou. First, three days prior to the end of the 90 day exclusive negotiation rights agreement, they reached an oral agreement and then shortly thereafter, a business email from a BTT management representative was sent to Chou with the specifics of the agreement. The email stated “that all of the terms had been agreed upon.” BTT also subsequently requested Chou to send them a draft distribution contract spelling out the specifics of the agreement that the email from the BBT manager sent to Chou. Finally, distribution of Strat would have exceeded the 500.00 limit (Amended UCC § 2-201(1)) of the Statute of Frauds. The fact that may weigh against Chou is that the contract never had an actual signature on it.…

    • 908 Words
    • 4 Pages
    Good Essays
  • Powerful Essays

    CH 05

    • 2998 Words
    • 20 Pages

    in a particular form, but clear agreement on all essential terms is necessary. Those involved…

    • 2998 Words
    • 20 Pages
    Powerful Essays
  • Good Essays

    the Dulhasti contract they agreed on a fixed price contract. The firm-fixed contract is typically preferred…

    • 570 Words
    • 3 Pages
    Good Essays
  • Powerful Essays

    IN CONSIDERATION of the mutual promises and other valuable consideration exchanged by the Parties as set forth herein, the Parties, intending to be legally bound, hereby agree as follows:…

    • 1272 Words
    • 6 Pages
    Powerful Essays
  • Powerful Essays

    Cpa Exam

    • 1771 Words
    • 8 Pages

    This exam covers general legal knowledge relating to the business environment, a basic knowledge of the law of contracts, and an understanding of the responsibilities and risks that arise in business, with particular regard to the law relating to corporate entities.…

    • 1771 Words
    • 8 Pages
    Powerful Essays
  • Satisfactory Essays

    LWC1 Study Plan

    • 1673 Words
    • 10 Pages

    Before beginning this study plan, it is critical that you have access to both textbooks and the SKillSoft Library. All WGU…

    • 1673 Words
    • 10 Pages
    Satisfactory Essays
  • Satisfactory Essays

    Statement of Facts

    • 365 Words
    • 2 Pages

    Whether the new contract entered into by the plaintiff and the defendant after the completion of the old contract ie from April 2008 to March 2009 is a contingent contract?…

    • 365 Words
    • 2 Pages
    Satisfactory Essays
  • Good Essays

    2. The evidence indicated that the parties did not intend to be immediately bound. They had not the necessary animus contrahendi (means intention to contract). What passed was only a negotiation from beginning to end.…

    • 640 Words
    • 3 Pages
    Good Essays