Big Time Toy Maker Essay Example for Free

Big Time Toy Maker Essay 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 â€Å"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 Uniform Electronic Transaction Act states that electronic correspondence is a valid form of communications while conducting business, and that electronic signatures and documentation satisfy the need for written records or signatures. When the terms and specifics of the agreement were laid out via email and both parties agreed upon the agreement through email, it then became a written agreement, and therefore enforceable. What role does the statute of frauds play in this contract? None, since it is a services contract for distribution rights. The Statute of Frauds only comes into play if it is a goods contract. If it is deemed by the court to be a goods contract then the written requirement, the all terms included requirement and the signed by the sender all have been met by the email with its electronic signature of the manager representing BTT. Could BTT avoid this contract under the doctrine of mistake? Explain. Would either party have any other defense that would allow the contract to be avoided? No, since a mistake is required to involve a â€Å"basic† assumption involving the terms on which the contract was made. BTT would not try to argue that they were mistaken on the price, time frame and obligations of both parties since their manager had sent an email stating that both parties where in agreement in all those areas. Generally, in the absence of disagreement on one or several of the essential terms, the courts will not allow a unilateral Mistake to be considered and expects mutual mistake. Chou might try to avoid the contract if he had a better offer he could just let the matter be dropped since BTT wanted out of the contract Assuming, arguendo, that this e-mail does constitute an agreement, what consideration supports this agreement? Chou would benefit by having his product distributed for sale throughout the network of retail and wholesale outlets that BTT as a board game company had at their disposal. BTT would benefit by charging their cut for distributing the game to these outlets. At the end of the scenario, BTT states that it is not interested in distributing Chou’s new strategy game, Strat. Assuming BTT and Chou have a contract, and BTT has breached the contract by not distributing the game, discuss what remedies might or might not apply. Compensatory damages – Chou could recover actual out of pocket which may include the original $25,000 due to BBT not acting in good faith but would also include loss of estimated potential profits. b. Specific Performance – Since this is a services contract the court may order BTT because of their total breach to fulfill their obligation to distribute the game OR substitute performance under the doctrine of accord and satisfaction where they might agree to product the game instead of distribute it OR they could agree to a discharge through novation where BTT finds an acceptable 3rd party who agrees to distribute the game. . Delegation – BTT could substitute another company to distribute the game but as delegator BTT would still be liable if their delegate failed to perform. d. Injunctive Relief – The court could issue and injunction forbidding BTT from distributing a similar game, producing a similar game or financially benefiting from a similar game to pr otect Chou from suffering due to their intimate knowledge and trade secrets relating to the disclosures during initial negotiations. Big Time Toy Maker. (2018, Oct 23).

The Case Against Affirmative Action Research Paper

The Case Against Affirmative Action - Research Paper Example For instance, since the blacks were treated as slaves once, it is justified that they should be getting some privileges over and above the whites that perhaps had no connection with slavery. The idea is based upon â€Å"Two Wrongs Make a Right Thesis† (Pojman) Despite all, one might argue essentially on the basis of discrimination alone that affirmative action cannot do justice to the society at large an is ethically wrong. 1. Students who begin their career at a disadvantage will need some thrust or support to move forward. Coming from black families put them often at a disadvantage in terms of economic and social status. They often belong to crime-infected families and are place at a disadvantage compared to the whites. 2. Affirmative action will draw the people from minority groups to choose those profession or academic careers, which they would not have thought in other circumstances. For instance, women are entering into fields of technology. It is important to alter the stereotypes in order to prevent future discrimination. 5. Another argument, which is often put forward states, is based upon â€Å"No One Deserves His Talents†. Individuals do not have claims to any particular merit; hence they will not have access to the better ranks or positions in the society. 1. Discrimination of any sort is bad even if it is biased towards the majority groups. In fact this is a case of reverse discrimination. It is pointless to punish the innocent white people for the wrongdoings of their ancestors. 2. The diversity argument is favor of affirmative action has been discussed before. However, in certain cases where a white policeman might be able to arrest a black criminal better and vice versa might be regarded as a case of merit instead of affirmative action. 3. The ‘No One Deserves His Talents’ is based on the ground – ‘If a person does not deserve what produces something, he does not

History of Art Essay Example | Topics and Well Written Essays - 1500 words

History of Art - Essay Example Starry night is one of the masterpieces by Vangogh, and it depicts a sky at night filled with blazing stars, swirling clouds, a bright crescent moon and a morning star as centre point. The features of this painting is bit exaggerated, but it reflects a feeling of ease and comfort in human being. This starry sky makes the viewer’s eye gazing all around the painting. The dots of the stars and swirls of cloud keep the viewer hold on to the painting as well as engaged. Below the sky there is a hill and close to the horizon lies a village. The cool colors of the painting bring in nostalgic memories to the viewers about their childhood years. Guitar’s by Picasso was a breakthrough in the world of sculpturing, as it was an epitome of human experimentation and creativity. First this work was done in cardboard and later it was reconstructed in metal. The antiquity of the work is that it was not constructed from traditional materials like wood, marble or bronze but from sheet met al. Here the guitar is being portrayed in a unique form where the lower half of the guitar projects outwards instead of receding. Picasso with this art explored the cubism and presented a different form of guitar to the world. This guitar in paper was the most influential art work of Picasso in the 20th century. The starry night has a theme of serenity, as a person viewing it feels calm and peace both emotionally and physically. The prominent blue color of the painting cools down the senses and relaxes a person entirely. Watching a starry sky at night have always been an act of pleasure. It is definite that Vangogh while painting this work had been intensely calm and at peace. The massive dark structure on the left hand side of the painting evokes a feeling of isolation .This art work remarks about the sense of serenity a person feels while watching a starry sky at night in isolation while weather is cool. The paining also connects a person immensely to the nature. The art work has a core message of the significant impact nature has on human beings. Even when the times changed, the affect of a star studded night on a person is enormous. In this age of technology, people find less time to appreciate nature and its characteristics. If we find some quality time to observe sky at night, we could dream away in its beauty. It could make us see what Vangogh has seen and additionally