Explain. Would either party have any other defenses that would allow the contract to be avoided? No, because there was never a contract. Chou could however say that there was a mistake Case Scenario: Big Time Toymaker on his part with the e-mail that he mistaken made the assumption that it
Since the contact was not drafted within the 90-day timeframe, new management could not make obligation to distribute the product, and had the right to decline Chou of his prior agreement through oral agreement. Does the fact that the parties were communicating via-email have an impact on your analysis in Question 1 and 2 (above)? Via-email communication is a legitimate communication source which can be held as an agreeable for making agreements to decision-making sources. The fact that both parties decided to communicate via-email does not have an impact on how I have chosen to analysis the situation. With this process being put into action the email could have been acceptable if the parties would
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.
Because management and boards oversee businesses, they should carefully examine the impact of any change on the business. “Organizational change seeks to create long-term sustainable alterations in employee behaviors” (Spector, 2010). The Concord Bookstore story, described in a University of Phoenix Ebook (Spector, 2010) reviewed a hypothetical organizational process change dictated by management of a bookstore. The board did not seek input from the staff, and did not include them during the stages of the change process. There were no brainstorming sessions, no meetings, no request for ideas or suggestions.
This RFP does not obligate the City to pay any costs incurred by respondents in the preparation and submission of a proposal. Furthermore, the RFP does not obligate the City to accept or contract for any expressed or implied services. The successful vendor must comply with the
It is possible for an e-mail to be used as evidence of terms and conditions of the offer and acceptance. However, we do not know whether or not Chou responded and therefore accepted the offer from BTT. Therefore, it did not impact my analysis. (The Uniform Electronic Transactions Act) 4. What role does the statute of frauds play in this contract?
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.
Elizabeth has the team meet and they discuss an overall agenda, but never discuss a concrete plan on how to achieve their goals. By the end of the meeting the only real goal is that Warren will make a preliminary marketing plan, but there is no mention of other employees doing anything else. When Ethel expresses concerns, Andrew is not concerned with how to achieve the goals; just that he is more concerned with making something fun. Issue 5: No Market Study. Warren states to Nick “we don’t want to overestimate our customers on this”.