DotTV posted an announcement on its Web site asking for bids for rights to the “Golf.tv” domain name and stating that the name would go to the highest bidder. Je Ho Lim submitted a bid for $1,010 and authorized DotTV to charge that amount to his credit card if his bid was the highest. Later, DotTV sent Lim an e-mail message stating that he had “won the auction” and charged the bid price of $1,010 to Lim’s credit card. When DotTV subsequently refused to transfer the name, Lim sued DotTV for, among other things, breach of contract. Lim argued that his bid constituted an ac¬ceptance of DotTV’s offer to sell the name.
Basically the MSPB put the ball back in Charles Richmond ballpark saying he should have known better. The MSPB claimed that OPM cannot be held liable when the statues are posted about eligibility. Charles Richmond appealed to the Court of Appeals for the Federal Circuit after MSPB denied his claim. Decisions The Court of Appeals granted certiorari. The Federal Court was divided and reversed the decision agreeing with Charles that the misinformation of the Navy specialist estopped the
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.
The first category of advertisements is not considered offers, while the latter is not. Because the Vehicle Code forces dealers to sell at advertised prices if the vehicle remains unsold and before the advertisement expires, the plaintiff is reasonable to take the ad as an offer. The court next considered if the mistake was genuine. The court finds that the defendant satisfied the requirements for a rescission of the contract. The significant error in price is a mistake regarding a basic assumption.
Steinberg’s argument was that the school rejected his application, because of nonacademic considerations. These considerations include relationships between him and the Board of Trustees, faculty, and if Steinberg’s family donated money or not, to the school. Steinberg also stated that when CMS accepted his $15 application fee and decided to base his admission on nonacademic values, this was a breach of contract. III. Trial Court - Granted the defendants motion to dismiss the case Appeals Court – Dismissal reversed and remanded IV.
Explain. [Bannister v. Bemis Co. , 556 F.3d 882 (8th Cir.2009)] Case brief: Bemis Co, breached the covenant not to compete, the breach was material. Bannister could not accept employment with a Bemis competitor, but Bemis was to pay Bannister his salary. There was no term for a partial release. Bemis “released” Bannister to seek employment with one exception—Mondi Packaging.
According to the Latin maxim “nemo dat quod non habet” set out in S21(1) of the Sale of goods Act 1979 the seller cannot pass to a buyer a better title to the goods than he himself possesses. This is an indication that English law generally opts to safeguard the rights of the true owner although there have been attempts to tip the scales in favour of the private purchaser. There are exceptions set out in the SGA, which protect the rights of third parties who have bought the goods from a non-owner without knowledge of the fraud. One of those exceptions is contained in S27(1) of the Hire Purchase Act 1964 which awards a good title to a private purchaser, who buys from a hirer a motor vehicle subject to a hire purchase or conditional sale agreement. According to S27(2) he must do so in good faith, without any notice of the hire purchase agreement.
Executive Summary Kenneth Jones, the president of Viscotech, has a handful of regulatory issues to resolve before moving any further with operations. Ideally, the company would have considered SEC regulations before raising the $976,000 in December 1997 from 34 investors through the MIFT pool. Most importantly, Viscotech was desperate for money, so they did not notify the SEC, and accepted money for securities offered under Regulation A, which had not been finalized by the SEC staff. Viscotech advertised the MIFT as a trust, when it appears to be a contract to buy securities at a future date, but we argue that the security vehicle is exempt under Regulation A (see Exhibit 1) for the following reasons. Under the Securities Act of 1933, the MIFT does not automatically fall into the category of exempt securities, so the company must still file a offering statement with the SEC to avoid penalties.
“For example, it makes little sense to require an officer to obtain a search warrant to seize contraband that is in plain view. Under the Fourth Amendment's reasonableness requirement, the appropriateness of every warrantless search is decided on a case-by-case basis, weighing the defendant's privacy interests against the reasonable needs of law enforcement under the circumstances” (G K. Hill, 2005). Another exception to warrant requirements as it pertains to the above article is that the video released shows there was a lack of physical harm as seen on George Zimmerman. This was important to the prosecution because Zimmerman claimed Trayvon Martin attacked him and his death was a result of self defense. In conclusion, authority’s base warrants on probable cause which are only necessary in a small percentage of cases.
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.