Bbt Case Scenario

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Case Scenario Big Time Toy Maker … LAW/421 Facilitator: … … Case Scenario Big Time Toy Maker (1) At what point, if ever, did the parties have a contract? A 90 day negotiation contract has been set in place upon the $25,000 payment to Chou, however; a distribution agreement was to be completed within the 90 day negotiation grace period. Based on the case scenario, the negotiation agreement stated that no contract existed unless it was in writing. The paper work that was interchanged between BTT and Chou were drafts, a formal written contract was not in place, therefore a formal distribution contract between the BTT and Chou did not exist. (2) What facts may weigh in favor of or against Chou in terms of the parties’ objective intent to contract? The exclusive negotiation rights payment of $25,000 as well as the final draft sent in by Chou showing his intent to distribute may contribute to establishing that the contract existed. One of the objectives that may work against Chou is the fact that the draft sent in by BTT did not entail the word contract but instead utilized agreement verbiage. (3) Does the fact that the parties were communicating by e-mail have any impact on your analysis in Questions 1 & 2 above? Email is considered a written form of communication, since the negotiation suggestions are written. The communications were done via email, they were also done in person, verbally, and the final agreement was sent in via fax, therefore communication via email, is simply just communication. The only question that arises is if BTT had received the final copy of the agreement from Chou, and if so why was a response not reciprocated. (4) What role does the statute of frauds play in this contract? The statute of frauds plays a detrimental role in this case, as it determines whether a contract was established between both

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