Big Time Toymaker Case Scenario Essay

1. At what point, if ever, did the parties gift a take in charge? I do non think the two parties involved ever had a compress. In the scenario, the parties reached an agreement only three days before the end of a 90-day deadline set in the original dialog contract. In the original duologue contract, it states that there would be no distri thation contract unless it was in writing. When the BTT theater director sent the e-mail to lucre, he menti aced the legal injury of a distribution agreement, but it does non make the email a contract as uncomplete party signed it. Only an spontaneous agreement was reached. Without a licitly binding draft and the signature of both parties present, no contract existed. 2. What accompaniments whitethorn weigh in favor of or against Chou in terms of the parties objective intent to contract? BTT had paid Chou $25,000 for the pocket negotiation rights to his board game which lead Chou to believe they were serious near coming to an agreemen t on a distribution contract.This is a fact that would weigh in favor of Chou. However, both parties only made an vocal agreement, and not a create verb on the wholey contract to show this fact. Since the contract was not drafted within the original 90-day period, the new management was not obligated to propagate the board game and therefore, had every right to turn Chou out instead of honoring the oral contract. 3. Does the fact that the parties were communicating by e-mail have any impact on your abstract in Questions 1 and 2 (above)? No, it did not have any impact on my analysis of the situation. E-mail is a form of electronic communication, not a written and signed contract. While both parties may have communicated their intentions and terms of the contract, they neer printed and signed any form of a written agreement. This factor makes all of the difference when it comes to enforceable contracts. What BTT and Chou had was not a binding or enforceable contract.4. What role does the statute of hypocrites play in this contract? infra the UCC, the statue of fraud applies to a contract for the sales of goods in excess of $500. The negotiations amidst BTT and Chou were over $500, so the statues of fraud would apply here. Under UCC laws, the statue of fraud applies when a contract cannot be fulfilled within one social classs time. Under these stipulations, the statute would apply. 5. Could BTT avoid this contract under the article of faith of mistake? Explain. Would either party have any other defenses that would accommodate the contract to be avoided? BTT would not be able to avoid this contract under the doctrine of mistake. A mistake is defined under contract law as the belief that is not in accord with the facts. A mistake was not defined anywhere within this scenario.BTT has only one real defense and that would be that no contract was ever reached in writing nor signed by both parties. The fact that no signatures on a contract ever existed would be a defense that Chou never agreed to the terms and conditions. Chou could argue that there was no existed agreement due to the time passed between communications of the two parties involved. 6. take for granted, arguendo, that this e-mail does constitute an agreement, what consideration supports this agreement? The fact that BTT gave a check for $25,000 for the exclusive negotiating rights shows that BTT intended to reach a contract with Chou. The two parties likewise reached an oral agreement, but oral agreements are hard to enforce in court. BTT had also sent Chou a fax asking him to send them a draft of a contract for the distribution agreements.At the end of the scenario, BTT states that it is not interested in distributing Chous new strategy game, Strat. Assuming BTT and Chou have a contract, and BTT has breached the contract by not distributing the game, plow what remedies might or might not apply. Equitable remedies may have applied in this case. Chou would be able to s eek compensatory regaining for his losses. These losses could include out-of-pocket expenses and even loss of potential lettuce had BTT honored their portion of the contract.