Law 421 Week 4

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Case Scenario: Big Time Toymaker Question 1: At what point, if ever, did the parties have a contract? The contract was formed when the elements of agreement, mutual assent, consideration, capacity, and legality where met. In this scenario all elements are there, both parties agreed to the exchange of services, the terms where agreed upon, and they both demonstrated consideration. Both parties also had the required capacity and the strategy game is a legal subject matter. Question 2: What facts may weigh in favor of or against Chou in terms of the parties’ objective intent to contract? Facts in favor: There are several facts that are in favor of Chou for intent to contract. The first is that an oral distribution agreement as met, and that an email was sent by BTT with the agreement terms that included price, time frames, and the obligations of both parties. Also after the draft was again requested via fax by BTT it was immediately sent with no timely rejection. 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. If an email or chain of emails states an offer for entering into an agreement it is possible to be entered into a contract. Following past president email has been allowed to be a valid form of contract. Question 4: What role

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