Rosenfeld V. Basaquiat: Case Study

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Penny J. Clardy-Hill BUS-340 August 18, 2012 Professor Name: Brian Lahargoue Chapter 15: Not a Good Sport The cancellation clause was unconscionable because Gantos knew that Gianni Sport did not have the same profit sales as they did and Gantos wanted to be the lead. Gianni Sport was not as profitable as Gantos, but they did keep Gantos from being the only leader for women clothing. Gantos knew if someone would place a large order then cancel the order that would be majority of Gianni Sports products putting Gianni Sports at lost in profits. Gianni Sports being at a lost for profits could cause them to file for bankruptcy or lay off personnel because of shortage of production for making or ordering women clothing. According…show more content…
Basaquiat, I believe that it could go either way. Basaquiat wrote a contract stating that Rosenfeld made a deposit for particular paintings and signed it alone with Rosenfeld signature even though it was in crayon. Some people would look at this as a legal binding contract regardless of how or what it was written with. Two signatures, the purpose of the contract, and the correct date the contract was signed, shall be binding. Others will argue that the crayon written letter would not be enough evidence to win a lawsuit and the other side could argue the point of the contract being written in…show more content…
Sullivan and GWI were doing business as usual without a renewal of contract. Sullivan believed that because GWI never renewed their original contract that they would continue with the way things was with the original contract. Sullivan never thought to make a new contract for the new agreement with Kaleidoscope and cancel the old contract. GWI can try to argue a breach of contract with Sullivan because they terminated their business with GWI and gain exclusive right to distribute GWI products with the same arbitration provisions as before, but there was no actual contract. GWI consented to the agreement of Kaleidoscope Distribution Agreement along with Sullivan. GWI also allowed their products to be sold in professional salons along with the original stores that the original contract had

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