Case Scenario: Big Time Toymaker
Read the “Theory to Practice” section at the end of Ch. 6 of the text.
Answer Questions 1 through 6 based on the scenario in the “Theory to Practice” section, and complete the following in your response:
At the conclusion of the situation, BTT says that it's not serious about releasing Chou’s new technique game, Strat. Presuming BTT and Chou have got a deal, and BTT has breached the agreement by not releasing the game, discuss what solutions may or may not apply.
At what point, if ever, did the parties have a contract?
By studying the situation, I don't believe the 2 sides concerned ever had a deal. In the situation, the sides reached a deal just …show more content…
A “mistake” wasn't described anywhere in this case. BTT only has one proper protection, and which would be that no agreement was ever accomplished on paper neither inked by both sides. The truth that no signatures on a deal ever was there would be a protection that Chou certainly not accepted the conditions and terms. On the contrary, Chou might debate that no deal was there as a result of time which had passed between communications of the 2 sides.
Assuming, arguendo, that this e-mail does constitute an agreement, what consideration supports this agreement?
The truth that BTT provided a check for $25,000 for the exclusive settling rights demonstrates that BTT meant to reach an agreement with Chou. Additionally, the 2 sides also arrived at a verbal deal, however verbal deals are difficult to enforce in the court. Lastly, BTT had also sent Chou a facsimile requesting him to deliver them a draft of a deal for the distribution contracts
At the conclusion of the case, BTT declares that it's not thinking about distributing Chou’s new strategy game, Strat. Presuming BTT and Chou have got a deal, and BTT has breached the agreement by not distributing the game, discuss what remedies may or may not apply.
Had a deal existed between BTT and Chou, and BTT breached the agreement by not distributing the game; there would be specific methods which could apply in the case, primarily fair methods.