Browse over 20 million
homework answers & study documents

Law 421 Big Time Toymaker

Type

Homework

Rating

Showing Page:
1/3
Law 421 Big Time Toymaker
Big Time Toymaker
Abstract
Big Time Toymaker (BTT) agreement with Cho for extension of exclusive
distribution rights is being challenged due to a lack of written agreement.
BTT reached an oral agreement which is not binding due to the
stipulations in their original agreement, which states that all contracts
must be in writing. Both parties have communicated the terms of the
distribution agreements via email and fax, after a change in
management at BTT, Cho’s verbal agreement fax, and email
communications are being challenged and are not recognized as a
binding contract by BTT.
Case Scenario Big Time Toymaker
Determining the legitimacy or the point where both parties entered into
an agreement will determine if the contract is valid or unenforceable. In
this scenario both parties have an oral agreement, which took place
before the 90 day expiration period. According to Uniform Commercial
Code (UCC) a contract can be enforced based on a larger picture that
consists of (1) past commercial conduct, (2) correspondence or verbal
exchanges between the parties, and (3) industry standards and norms
(MELVIN, 2012, p. 182). The question is, are the agreements
enforceable since both a verbal and a written agreement exists.
Contract established
Big Time Toymaker sent Chou a drafted agreement, the email displayed
the terms of the contract, and the title of the email read ”Strat Deal”; to a
reasonable person this can be construed as an agreement. Chou
reasonably believes that BTT email was a contract and because the
email states that the terms were agreed upon. One argument could be
that BTT did not sign the agreement but according to Marin Samson a
New York attorney Samson (2012) “Court holds that an e-mail sent by
one merchant to another purporting to confirm an agreement to
purchase goods is sufficient to satisfy the requirements for a writing
contained in the Statute of Frauds, as set forth in NY UCC § 2-201(2),
known as the merchant's exception” (para. 1). the challenge Chou may
face is enforceability of the contract. Melvin states “A contract is of little

Sign up to view the full document!

lock_open Sign Up

Sign up to view the full document!

lock_open Sign Up

Sign up to view the full document!

lock_open Sign Up

Anonymous
Return customer, been using sp for a good two years now.

Anonymous
Thanks as always for the good work!

Anonymous
Document I purchased was really helpful. Had answers to help me with my hmw.

Studypool
4.7
Trustpilot
4.5
Sitejabber
4.4