The initial negotiation deal states that there would not be any distribution agreement/contracts if it was not in writing and signed by both parties. Although the BTT manager did post an email to Chou outlining the terms and conditions of a distribution contract it does not officially confirm an agreement because neither party signed the document to seal a contract agreement as was required. Without any signatures of either parties or legally binding drafts it was previously agreed upon by both parties that no agreement or contracts exist. 2. 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 Question 1 and 2 Yes, I feel the terms were agreed upon and the agreement should be honored for the 25,000.00, however the change in management could have been a result of no longer wanting to pursue the distribution of the game. 4. What role does the statute of frauds play in this contract? This contract is not enforceable unless there is some writing sufficient to indicate that a contract has been made between the parties and signed by the party against whom enforcement is sought. 5.
Two months later, the union submitted a formal letter to the company stating the companyâ€™s response to the handwritten request was unsatisfactory and the union would proceed with arbitration. The company argues that the union did not go through the agreed upon appropriate channels for communication of requests and the claim in invalid; the union argues that they are still entitled to file for arbitration despite not following the agreed upon and binding rules for requesting arbitration. 1. Assess the argument that the parties in the past have agreed to extend time limits. According to both parties, time limits have been extended in the past without incident.
No one made Betty drive that length for that car. She could have gone to another dealership closer to where she lives or that has a similar truck to what Betty was looking for. Now the dealer has a responsibility to sell to its customers before anyone else. The fact that Rally Motors sold an advertised vehicle to an employee was ethically wrong, but the dealer broke no laws by doing so. When Tony said over the phone “three thousand dollars firm,” explain whether or not he was making an offer that, if accepted, would bind the dealership in contract.
Hi John and Jane, Please find my advice and recommendations on your tax issues below: John Smith tax issues: A – The $300,000 will be included as gross income. It is compensation for services rendered. B – I am having trouble understanding this $25,000 recovery for expenses paid. Was this the amount of money the client had already paid out of his pocket for your services? Or did you suffer these expenses to work on this case?
In 2008, a Dutch sugar company was awarded 25 million Euros against the Czech Republic, based on a pre-existing BIT contract from the 1990s. EU exclusions laws were excluded in the arguments, triggering the SU Commission to pay a closer attention to other ongoing proceedings and intervening where possible in the interest of the EU. 2. From and institution-based view, explain why the MNEs in this case filed through arbitration and not courts in the host countries. Institutions seek arbitration as a form of resolution simply because they were designed to be impartial to the interests of the affected country.
(Storer v Manchester CC) 2.2 Dan’s Email as an offer Following Sonia’s offer, Dan’s later email to Sonia’s company account, was a counter-offer since it quoted a price higher and offered no discount (Combi (Singapore) Pte v Winston Camera). Simultaneously, Sonia’s original offer would become invalid. Dan might want to argue his ‘email offer’ is not legally recognized, as to avoid a binding contract. However, per S.17(1) Electronic Transactions Ordinance (ETO), it stated “unless otherwise agreed…. offer and acceptance may….
False Independent internal verification should be made periodically and should be done by an employee who is independent of the employee responsible for the information. True 4. False False An outstanding check that was also outstanding the previous month should not be included in the reconciliation of the bank statement this month. True False 10. A postage due expense of $4.75 would be paid out of petty cash and the entry to record the transaction would reduce the balance of the Petty Cash account by that amount.
E) A 130 million dollar judgment was ruled against Jim Bakker, and to be paid to the plaintiffs. Issues 1.Identify the ethical questions raised by the maintenance of PTL’s secret payroll account by laventhol partner. Does the fact the PTL was a private organization not registered with the SEC affect the propriety of the partner’s actions? The time line of H&L’s audit of PTL Club is: End of fiscal year (May 31, 1984), Audit Completion Date (Dual dated as August 31, 1984 and October 24, 1984). Based on the timeline and the above definition of subsequent events, I believe that it is a subsequent event.
On 2 February 1999, Christian filed with the RTC a complaint for a sum of money and damages against the petitioner corporation, Hegerty, and Atty. Infante. The petitioner corporation, together with its president and vice-president, filed an Answer raising as defenses lack of cause of action. According to them, Christian had no cause of action because the three promissory notes were not yet due and demandable. The trial court ruled that under Section 5 of Rule 10 of the 1997 Rules of Civil Procedure, a complaint which states no cause of action may be cured by evidence presented without objection.