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.
What facts may weigh in favor of or against Chou in terms of the parties’ objective intent to contract? This fact weighs in favor of Chou, because he in fact believed that BTT was in favor of the distribution contract. BTT also provided misleading information by making a payment of 25,000 for the exclusive negotiation rights for the board game STRAT. However, both parties only made an oral agreement, and not a written contract to show this fact. 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.
DMBA 610 Knowledge Integration Assignment Spring 2012 1 (a) Under the law, how much profit is Boyd entitled to? Why? (200 words or fewer) Although the partners did not file an agreement with the state, they had agreement that expenses and profits will be shared 50:50 and since no changes were made to that initial agreement it still stands. Each partner is entitled to 50% of the profits, “Their agreement can be express or implied,” (Bagley & Savage 2010). Based on the agreement Boyd is entitled to 50% of the profits 1 (b) At the time Raylan and Boyd are winding down the business, Sassy Sauces demands payment for the BBQ sauce.
2. What facts may weigh in favor of or against Chou in terms of the parties’ objective intent to contract? Facts in favor of Chou The $25,000 payment The e-mail Facts against Chou No contract New management 90-day period had passed False assumption that the e-mail was a contract 3. Does the fact that the parties were communicating by e-mail have any impact on your analysis in Questions 1 and 2 (above)? Yes it does, because e-mail is a form of writing but it did not say contract.
Wells Fargo Bank Minnesota v. BrooksAmerica Mortgage Corporation 419 F.3d 107 Second Circuit Court Of Appeals, 2005 FACTS: Michael Brooks needed funding for his company, BrooksAmerica (defendant). Brooks made a contract with Terminal Marketing Company, which agreed on a sale lease-back. Terminal was to pay Brooks $250,000 in order to obtain title to BrooksAmericas computers and office equipment. Brooks signed a “delivery and Acceptance certificate” which stated Brooks received $250,000, even though no exchange had happened. Terminal assigned its rights to Wells Fargo (plaintiff).
2. What could Little do, if anything, to cure any alleged flaw in the consideration? 3. How does the fact that Giant has honored the contract for two years affect your argument? Contracts 616 Assignment #4 King 6595 MEMORANDUM OF LAW TO: Chief Operating Officer, Giant Candy Company FROM:
Unfortunately Bank United does not modify investment properties therefore no modification can be done as of now.. I call on a weekly basis to see if there are any changes but it is to my understanding that Mr. Cohen is current on this file *Yaniv Cohen – *1839 Cross Point Way *11-19*-09 I called Amtrust for an update. They stated that he cannot qualify for a modification due to having the lowest rate already available. (4.25% I/O) I resubmitted the file and requested a 30 year fixed with escrows. The previous negotiator said this would not be possible but I currently have the file with another negotiator (KIM PSHIRER) who may be able to assist.
(HP tried a similar strategy when it offered customers 50GB free storage on Box.net.) And Epps even imagines some could offer more innovative broadband models, like purchasing surfing time on an hourly or daily basis, rather than by contract or a monthly plan. The idea, simply, is to introduce more diversity into an ecosystem filled with poor iPad knockoffs. Now, it's clear that no tablet can match Apple's iPad at competitve or even slightly discounted prices--all have tried, and all have failed. (Samsung Galaxy Tab, Toshiba Thrive, HP TouchPad, BlackBerry Playbook--the list goes on.)
All we know for sure is 1) Simon is never going to tell us who it's about and 2) we're real assholes if we think it's about us. Which it totally is. Bitch. Who Knows: Carly Simon and Dick Ebersol. How it is Kept Secret: Despite being asked in virtually every interview she has ever given, Simon has never admitted who the song is about.
The purchasing agreements between contracts suppliers were never compared, thus the pricing and terms of the contract varied greatly. Eagle’s catalog supplier issued bi-weekly catalogs with deeply discounted specials and gave gift incentives to administrative staff for purchasing minimum quantities. Price comparison between Catalog and contract suppliers showed that non-discounted items from Catalog supplier were premium priced compared to contract supplier but the discounted items were priced below the contract supplier’s pricing. 87% of Eagle’s $3.8M office-supply spending in 2003 by its 15,000 employees was made through three suppliers - Two contract suppliers and one catalog supplier. Q3: Discuss potential implementation barriers?