While the Winklevoss twins originated the idea and had begun executing it, they had taken no steps to protect their intellectual property and had no formal arrangement with Zuckerberg. It is likely that they made several missteps that led to the loss of billions of dollars. The first misstep was their assumption that their idea would be protected from theft. Their second misstep was not taking action to protect their idea, which led to the false assumption about Zuckerberg. For his part, Zuckerberg conducted himself with weak moral standing, having stolen a valuable idea and taken steps to register and launch it without stating his position to the Winklevosses.
While the court did not rule on the issue of whether the company violated Wilson's ADA rights by failing to provide accommodations, this case shows what employers should not do when trying to determine if an employee is disabled. In January, the 4th Circuit upheld the decision, adding to a previous standard set by the Supreme Court regarding
2 An adver- tisement is generally not an offer. An advertisement is merely a request for offers. The con- sumer makes the offer, whether by mail, as above, or by arriving at a merchant's store ready to buy. The seller is free to reject the offer. | Application of Black Letter Law to Facts: | In the most simple basic form, a contract is formed through offer and acceptance - Since the Raisin Board’s advertisement did not count as an offer being made on their part, Milton’s sending in the $700,000 dollars to buy the points for the jet is not considered an acceptance of an offer.
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
The interoperability was never put into place for reasons that can only be speculated on. There are assumptions that Grant Holcomb the architect of the proposed system had a conflict of interest that may have profited him. There are also allegations that Greg Meffert, Nagin's chief technology officer, stated that the technology wouldn't work. Many controversial issues of being unethical by several parties involved in this system caused a delay that unfortunately wasn’t in play for Katrina. Interoperability is dangerous to the concept of Federalism because although New Orleans was granted money to fund the system by the national government, at the state level, it was never implemented.
Case Scenario: Big Time Toymaker Paper Introduction In this week’s team assignment, our team will discuss an assignment from Chapter 6 text "Theory of Practice." The assignment deals with a contract dispute between Big Time Toymaker (BTT), a company that develops, manufactures, and distributes board games and other toys and the inventer of a game name Strat. The issue is that Mr. Chou, the inventer of the game signed an exclusive 90 day negotiation agreement with BTT for which Mr. Chou was paid $25,000. This agreement also contained a statement that no distribution agreement would be in place unless a contract for distribution was in place. This is where the issue stems from and the eventual reversal of an agreement to distribute by BTT.
1. At what point, if ever, did the parties have a contract? This case is very interesting, especially that a lawyer was not present at all times while it is a serious deal between both parties. The email sent by the BTT manager was sent as a form of contract although it did not state that in the email and in the legal terms nothing was signed or agreed upon. The verbal agreement and the email might be considered a contract in the court of law.
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.
According to my research widget could sue john if he did sign the paper and accepting the terms but widget cant sue the competitor because the competitor has nothing to do with her business. 3. Is John in a fiduciary relationship with International Widgets? Why or why not? Is he an agent of International Widgets?
• Can the taxpayer expect to make a profit in the future from the appreciation of assets used in the activity? In deciding Donald and Denise Hastings v. Commissioner of Internal Revenue, the Tax Court ruled that “…occasional and weekend activity… does not indicate a profit objective.” and, therefore is not provided with trade or business status. Conclusion Based upon the existing precedents, Dr Green’s gambling activities would not be considered a trade or business. This opinion is supported by the fact Dr. Green is actively employed as a physician and does not “…depend on income from the [gambling] activity” as required by FS-2007-18. And as ruled in Donald and Denise Hastings v. Commissioner of Internal Revenue, since the gambling activities are limited to the weekends, they are excluded from consideration as a business activity.