Btt V Chou

751 Words4 Pages
At what point, if ever, did the parties have a contract? I don’t believe a contract was ever entered by either party. Initially there was an agreement for 90 days made to give exclusive rights to negotiate to BTT. Just 3 days before that ended both parties reached an agreement for distribution of which Chou then offered to write the contract to “memorialize their agreement,” however this wasn’t done. Then an e-mail was received that stated all of the agree upon terms. Even if this was to be a contract Chou just held onto instead of signing and returning as he should, to show he received and still agreed upon the terms. Therefore no legally binding contract exists from either party. 2.. What facts may weigh in favor of or against Chou in terms of the parties’ objective intent to contract? The facts weigh in favor of Chou because BTT paid $25,000 to Chou for the 90 days rights showing seriousness to pursuing the distribution rights to Strat. 3. Does the fact that the parties were communicating by e-mail have any impact on your analysis in Questions 1 and 2 (above)? According to the UETA, an offer and subsequent acceptance constitutes a legally binding contract. 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? The statute of frauds applies to any contract for the sale of goods if they are valued at or in excess of $500. Since initially $25,000 was given for exclusive negotiation rights, it is safe to say that the actual contract would in fact be more than $500, therefore the statute of frauds will be enforceable The role that the Statute will play is

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