Facts against: In the original negotiation agreement it was stipulated that no distribution contract existed unless it was in writing. Another possible fact that could weigh against Chou is that although the agreement was drafted it was not sent because if the misinterpretation that the email was in fact the contract. Question 3: Does the fact that the parties were communicating by e-mail have any impact on your analysis in Questions 1 and 2 (above)? Communication via email does have some impact to the question of contract but it is not enough to rule out a contract completely. The use of email may be binding if it does not state that the intent is to only negotiate terms.
The case scenario introduced in the above paragraph concerns two parties, Big Time Toymaker (BTT), a toy manufacturer, developer and distributer, and Chou, an inventor of a new game called STRAT. BTT wanted to distribute STRAT and entered into a 90 day negotiation agreement with Chou. Three days before the 90 day deadline, BTT and Chou met and reached an oral agreement; one stipulation of the negotiation agreement was that the distribution contract had to be in writing or it did not exist. Chou agreed to draw up the written contract but received an e-mail from a BTT manager labeled “Strat Deal” detailing the key terms of the agreement including price and obligations of both parties. Chou believed this sufficed for a contract, but apparently BTT did not because they sent a request for a draft copy of the distribution contract a month after Chou received the e-mail.
BA 265 (Business Law II) FINAL EXAM IF You Want To Purchase A+ Work Then Click The Link Below , Instant Download http://acehomework.com/BA-265-Business-Law-II-FINAL-EXAM-A-Work-3321212.htm If You Face Any Problem E- Mail Us At JohnMate1122@gmail.com 1.The U.S. Citizenship and Immigration Service issues a rule. Like the rules of other federal administrative agencies, this rule is compiled in 2.A contract that by its own terms cannot be performed within a year must be in writing to be enforceable. 3.The term cure refers to the right of the seller to adjust or replace nonconforming goods. 4.Parker, a salesperson for Quality Textiles, Inc., shows Rosa, a fabric buyer for Style Clothing Company, samples
We could bring up the case as a sample to demonstrate what we are discussing about. However, adding a question to prove our point is not recommended in academic writing. The subject line information to identify the situation has to be included on the head of the memo. In addition, clarity, correctness, and courtesy are very important and they represent for our efforts. The memo should be clearly written and organized in direct order, beginning with the objective and then systematically and covering the vital bits of information (Rentz, 2008).
If BTT did receive the contract before the change in management, it may be that legally they are under a contract and may be forced to abide by the terms of the contract. Due to the fact that the original agreement was made via email it may be that BTT is liable to abide by the contract simply because there technically is a typed out direction of agreement from BTT stating what their intentions are in working with Chou. If the legal system sees this as an actual contract, it may be that this is binding enough to keep the business running. In this particular scenario the statute of frauds could possibly play a big role in this contract. The statute of frauds would play a role, because possibly the emails sent by the BTT company could possibly be evidence enough of a “verbal” contract to put them in breach of contract with the Chou company.
Unit 347 – Using Email Our main method of communication at First B2B is emailing. We have our own personal First B2B email, which is used more for communicating with colleagues, people within the building or the main reception. We also have the support and project portals in which we use to keep our clients up to date with support cases and projects that they are involved in. When composing an email it is important to consider the text format so the font, text size, and colour. Using different colours, sizes and fonts is useful to highlight sections of text or single words, for instance, I quite often use italics if I am quoting something/ someone or if I am forwarding an email.
Executive Summary Kenneth Jones, the president of Viscotech, has a handful of regulatory issues to resolve before moving any further with operations. Ideally, the company would have considered SEC regulations before raising the $976,000 in December 1997 from 34 investors through the MIFT pool. Most importantly, Viscotech was desperate for money, so they did not notify the SEC, and accepted money for securities offered under Regulation A, which had not been finalized by the SEC staff. Viscotech advertised the MIFT as a trust, when it appears to be a contract to buy securities at a future date, but we argue that the security vehicle is exempt under Regulation A (see Exhibit 1) for the following reasons. Under the Securities Act of 1933, the MIFT does not automatically fall into the category of exempt securities, so the company must still file a offering statement with the SEC to avoid penalties.
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The verbal agreement and the email might be considered a contract in the court of law. 2. What facts may weigh in favor of or against Chou in terms of the parties’ objective intent to contract? The fact that both parties reached a verbal agreement prior might help Chou. BTT inquired about distributing Strat and paid Chou $25,000 in exchange for exclusive negotiation rights for a 90-day period.
• The training program should be for 90 days and lays offs should be based on performance, quality, and experience, not how fast you are. • HI should have kept all the employees in the loop as to what was going on. • Research the Chinese