Preview

Big Time Toy Maker

Good Essays
Open Document
Open Document
908 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Big Time Toy Maker
Big Time Toymaker

At what point, if ever, did the parties have a contract?

Chou and BTT had a contract at the point they agreed to all the terms. By including the obligations of the parties and the terms of the agreement, the manager showed objective intent. A written contract was not necessary since this was a contract primarily dealing with services to distribute the game, not a production contract or a sales contract. Had it involved a goods contract to buy or sell, which under the Statutes of Frauds would not be a contract until all the terms were laid out in writing; that occurred when the manager from BTT emailed the terms which would have included his electronic signature and thus would have sealed the contract between the two. Also, if the contract is under common law, then the mailbox rule would say it went into effect when it was sent, not received.

What facts may weigh in favor of or against Chou in terms of the parties’ objective intent?

There are a few facts that weigh in favor of Chou. First, three days prior to the end of the 90 day exclusive negotiation rights agreement, they reached an oral agreement and then shortly thereafter, a business email from a BTT management representative was sent to Chou with the specifics of the agreement. The email stated “that all of the terms had been agreed upon.” BTT also subsequently requested Chou to send them a draft distribution contract spelling out the specifics of the agreement that the email from the BBT manager sent to Chou. Finally, distribution of Strat would have exceeded the 500.00 limit (Amended UCC § 2-201(1)) of the Statute of Frauds. The fact that may weigh against Chou is that the contract never had an actual signature on it.

Does the fact that the parties were communicating by e-mail have any impact on your analysis in questions 1 and 2?

Yes, communication via email in today’s business world is considered a normal mode of business communication. The UETA, the

You May Also Find These Documents Helpful

  • Good Essays

    Business communication forms are continually evolving into many different forms. There was a time when communications were done by simpler means such as telephone, mail or by courier. That is not because that was the way businesses chose to communicate, but because it was the only way to. Technology had not advanced to accommodate busy lifestyles, and business deals that can fall apart in a matter of seconds simply because they could not speak to someone that was far away right at that very moment. Businesses definitely use the resources available to communicate, because they ensure that their employees have email, IM and a cellular phone so they can have open communication with them at all times. With my employer it is often difficult to get in touch with me by telephone, so we have an Instant Message system so than I can be connected to at any time when I am needed. Email is also an essential form of communication, and the emails come in a matter of seconds from all over the world. That keeps everyone tapped into one another by a simple click of a button, and the ease of speaking to someone for some last minute input into a project can take place without the inconvenience of having to call that person on the phone. Even though my job relies on the telephone I believe that it is slowly becoming obsolete, and electronic messages from text, IM or email are the improved yet impersonal way of communication.…

    • 1712 Words
    • 7 Pages
    Good Essays
  • Better Essays

    Effective communication is vital to the smooth running of a business and various methods of communication are used within a business environment to achieve this. Each form has various benefits to communicate effectively to their designated target audience. When communication is carried out properly it means the sender and receiver both correctly obtain the same information. Each form of communication will be chosen to which is applicable to the situation for example for a one-to-one/ team meeting will be best carried out face-to-face as it is the most effective way to make sure a point is understood properly, as it is a lot more personal and professional. Whereas if a company wants to distribute a monthly newsletter, this wouldn't need to be as personal as a face to face, it could be carried out over email. Therefore this wouldn't mean a employee would have to take time out of work and the messages can be sent on a large scale without taking much time to process.…

    • 951 Words
    • 4 Pages
    Better Essays
  • Better Essays

    Chou and BTT had a contract at the point they agreed to all the terms. By including the obligations of the parties and the terms of the agreement, the manager showed objective intent. A written contract was not necessary since this was a contract primarily dealing with services to distribute the game, not a production contract or a sales contract. Had it involved a goods contract to buy or sell, which under the Statutes of Frauds would not be a contract until all the terms were laid out in writing; that occurred when the manager from BTT emailed the terms which would have included his electronic signature and thus would have sealed the contract between the two. Also, if the contract is under common law, then the mailbox rule would say it went into effect when it was sent, not received.…

    • 1026 Words
    • 5 Pages
    Better Essays
  • Satisfactory Essays

    LAW 421 WEEK 4

    • 478 Words
    • 2 Pages

    The favor goes to Chou because BTT showed a lot when they gave in the 25,000. After that the oral agreement came to be played in. And last came the final details of what else should be included all in it. There was a chance of making it a contract but like stated before without a signature nothing came about.…

    • 478 Words
    • 2 Pages
    Satisfactory Essays
  • Good Essays

    Law 421

    • 952 Words
    • 4 Pages

    BTT had paid out Chou $25,000 for the unique negotiation legal rights to his board game, and this element would cause Chou to think they were interested in arriving at a deal on a distribution agreement. It is a fact which would weigh in support of Chou. But, both sides just made a verbal deal, and not a written agreement to demonstrate this fact. As the agreement wasn't drawn up during the initial 90-day interval, the new administration wasn't responsible to distribute the board game, and hence, had every reason to move Chou away rather than honoring the verbal agreement.…

    • 952 Words
    • 4 Pages
    Good Essays
  • Good Essays

    Big Time Toymaker

    • 1420 Words
    • 6 Pages

    This scenario deals with Big Time Toymaker and a contract they were negotiating with Chou, the inventor of a new strategy game that BTT wanted exclusive negotiation rights for a 90-day period. When Chou received an email with the details of what they were going to agree upon, he thought that was the contract and did not proceed in drawing up a contract himself. Months passed and when BTT changed management, they informed Chou that they were not interested in distributing his new strategy game, Strat.…

    • 1420 Words
    • 6 Pages
    Good Essays
  • Satisfactory Essays

    Yes, the fact that the parties were communicating by email does have an impact on my analysis. The written communication and the way that it was responded to makes an enormous impact on the decision making process. Had the emails been responded to it would have made the outcome different. For example, when the initial email was sent to Chou by the BTT manager and not responded to this gave the impression that he accepted the terms of what the email entailed. The same fits for the fax that was sent by Chou that included the distribution agreement contract. Although it was not responded to, it was not rejected in any fashion either. And, based on the past pattern of behavior this is how the two seemingly do business.…

    • 467 Words
    • 2 Pages
    Satisfactory Essays
  • Better Essays

    Additionally, Chou and BTT reached an oral agreement for distribution on day 87 of the 90-day exclusive negotiation agreement with an understanding that Chou would generate a written contract to memorialize the agreement. Prior to generating the contract, Chou received an email from a BTT manager titled “Strat Deal.” This email served the purpose of memorializing the agreement because it detailed the terms that Chou and BTT reached. This caused Chou to reasonably believe that the email constituted the agreement in writing, regardless of the use of the word “contract” in the communication.…

    • 937 Words
    • 4 Pages
    Better Essays
  • Good Essays

    Issue: The issue is whether the objective circumstances indicate that the parties intended to form a contract…

    • 981 Words
    • 4 Pages
    Good Essays
  • Good Essays

    This way of communication is quite formal however; it does depend on the style of writing you use in the email and the person receiving the email. This form of communication is quite popular amongst people in school because it is fast and easy to use.…

    • 673 Words
    • 3 Pages
    Good Essays
  • Satisfactory Essays

    The term email defines the purpose of sending messages distributed by electronic means from one computer user to one or more recipients via a network; quoted from Merriam Webster. The need of sending of sending messages in the corporate context is crucial as it is the form of communication of sending what is required of the message; advisably in the form of a beginning, body and ending of the paragraph, this is indefinitely the most important basic foundation of email writing and also considering other factors comprising of punctuations, grammar and vocabulary context.…

    • 354 Words
    • 1 Page
    Satisfactory Essays
  • Satisfactory Essays

    There is always controversy in using email and instant messaging in personal and professional domains. The Professional Standards of email are very outlined and easy to adhere to.…

    • 899 Words
    • 4 Pages
    Satisfactory Essays
  • Powerful Essays

    law for engineer

    • 3610 Words
    • 11 Pages

    In the case between Allan and the bus conductor, Allan left his folder in the bus and finally the bus conductor voluntary return the folder to Allan. Allan promised that he will reward the conductor with RM500 but in the end he refuses to hand over the reward due to there was no agreement as there was no consideration to support his promise. The bus conductor can actually sue Allan can get the RM500 according to Section 2 (a) Contracts Act 1950 states that “when one person signifies to another his willingness to do or to abstain from doing anything, with a view to obtaining the assent of that other to the act or abstinence, he is said to make a proposal.” The bus conductor is willingness to contact Allan and return him the folder. Also, Under Section 26 (b) Contracts Act 1950 provides that agreement made without consideration is void unless it is a promise to compensate a person who has already voluntarily done something for the promisor. It is a promise to compensate, wholly or in part, a person who has already voluntarily done something for the promisor, or something which the…

    • 3610 Words
    • 11 Pages
    Powerful Essays
  • Satisfactory Essays

    It is undeniable that the use of email has had a tremendous effect on the way people communicate at work and in their daily lives. Some people claim that not all of the effects of this innovation have been positive; nevertheless, there are clearly some advantages.…

    • 267 Words
    • 2 Pages
    Satisfactory Essays
  • Good Essays

    Email is now an essential communication tools in business. It is also excellent for keeping in touch with family and friends. The advantages to email is that it is free ( no charge per use) when compared to telephone, fax and postal services.…

    • 317 Words
    • 2 Pages
    Good Essays

Related Topics