Chou in terms of the parties objective intent to contract

Assignment Help Operation Management
Reference no: EM132141290

Big Time Toymaker (BTT) develops, manufactures, and distributes board games and other toys to the United States, Mexico, and Canada. Chou is the inventor of a new strategy game he named Strat. BTT was interested in distributing Strat and entered into an agreement with Chou whereby BTT paid him $25,000 in exchange for exclusive negotiation rights for a 90-day period. The exclusive negotiation agreement stipulated that no distribution contract existed unless it was in writing. Just three days before the expiration of the 90-day period, the parties reached an oral distribution agreement at a meeting. Chou offered to draft the contract that would memorialize their agreement. Before Chou drafted the agreement, a BTT manager sent Chou an e-mail with the subject line "Strat Deal" that repeated the key terms of the distribution agreement including price, time frames, and obligations of both parties. Although the e-mail never used the word contract, it stated that all the terms had been agreed upon. Chou believed that this e-mail was meant to replace the earlier notion that he should draft a contract, and one month passed. BTT then sent Chou a fax requesting that he send a draft for a distribution agreement contract. Despite the fact that Chou did so immediately after receiving the BTT fax, several more months passed without response from BTT. BTT had a change in management and informed Chou they were not interested in distributing Strat (Melvin, 2011). At what point, if ever, did the parties have a contract? What facts may weigh in favor of or against Chou in terms of the parties' objective intent to contract? Does the fact that the parties were communicating by e-mail have any impact on your analysis in Questions 1 and 2 (above)? What role does the statute of frauds play in this contract? 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? Assuming, arguendo, that this e-mail does constitute an agreement, what consideration supports this agreement? At the end of the scenario, BTT states that it is not interested in distributing Chou's new strategy game, Strat. Assuming BTT and Chou have a contract, and BTT has breached the contract by not distributing the game, discuss what remedies might or might not apply. Explain. Reference Melvin, S.P. (2011). The legal environment of business: A managerial approach: Theory to practice (1st ed.) New York: McGraw-Hill.

Reference no: EM132141290

Questions Cloud

Can clifford maintain the action against frederick : Can Clifford maintain the action against Frederick? If so, and if the suit is successful, who recovers the dam- ages? Explain.
What is most effective conflict management method : What is the most effective conflict management method? Why? Analyze your own conflict management style.
What is reward structure and motivation : What is reward structure and motivation ? What is the difference between a work group and a work team?
Evidence-based decision making to help in resolving case : Outline how you would use evidence-based decision making to help in resolving this case?
Chou in terms of the parties objective intent to contract : What facts may weigh in favor of or against Chou in terms of the parties' objective intent to contract?
Fairly recent strategy in the sports business landscape : The marketing strategy of corporate naming rights for sports venues is a fairly recent strategy in the sports business landscape.
Describe what is competitive advantage : Describe what is a competitive advantage and give an example. Research the case of Citizens United v the Federal Election Commission.
Make corporate entrepreneurship sustainable or effective : A right balance must be found between Change and Continuity to make corporate entrepreneurship sustainable or effective.
Explain the concept of corporate entrepreneurship : Explain the concept of corporate entrepreneurship. What is expected of the employees in such an entrepreneurial organization?

Reviews

Write a Review

Operation Management Questions & Answers

  Book review - the goal

Operations Management is about a book review. Title of the book is "Goal". This book has been written by Dr. Eliyahu Goldartt. The book has been appreciated by many as one of those books which offers an insight into the operations and strategic capac..

  Operational plan in hospitality enterprise

Operational plan pertaining to a hospitality enterprise is given in detail in the solution. The operational plan is an important plan or preparation which gives guidelines regarding the role and responsibilities of each and every operation at all lev..

  Managing operations and information

Recognise the importance of a strategic approach to the development and deployment of organisational information systems. Demonstrate an understanding of the importance of databases and their integration to the organisation's overall information mana..

  A make-or-buy analysis

An analysis of the holding costs, including the appropriate annual holding cost rate.

  Evolution and contributor of operations management

Briefly explain Evolution and contributor of Operations management.

  Functions and responsibilities of an operations manager

A number of drivers of change have transformed the roles, functions and responsibilities of an operations manager over recent years. These drivers have not only been based on technological innovations but also on the need for organisations to develop..

  Compute the optimal order quantity

Compute the Optimal Order quantity of DVD players. Determine the appropriate reorder point.

  Relationship to operations practice in the organisation

Evaluate problems in operations and identify approaches to overcoming them. Critically evaluate operating plans and identify areas for improvement. Justify, implement and evaluate changes to operations in line with modern approaches.

  A make or buy analysis

Develop a report for Figi Fabricating that will address the question of whether the company should continue to purchase the part from the supplier or begin to produce the part itself.

  Prepare a staffing plan

Prepare a staffing plan showing the change of your unit from medical/surgical staffing to oncology staffing.

  Leadership styles in different organizations

Ccompare the effectiveness of different leadership styles in different organizations

  Risk management tools and models

Be able to understand the concept of risk, roles and responsibilities for risk management and risk management tools and models.

Free Assignment Quote

Assured A++ Grade

Get guaranteed satisfaction & time on delivery in every assignment order you paid with us! We ensure premium quality solution document along with free turntin report!

All rights reserved! Copyrights ©2019-2020 ExpertsMind IT Educational Pvt Ltd