Big Time Toy Maker
Big Time Toy MakerLAW 421Running head: BIG TIME TOY MAKER 1
BIG TIME TOY MAKER 3
Big Time Toy Maker1. At what point, if ever, did the parties
have a contract?The parties had an oral agreement; however they
were still under the ninety day contract which specified any
agreement reached must be in writing. The email had all the key
terms both parties agreed upon and can therefore service as a
contract.2. What facts may weigh in favor of or against Chou in
terms of the parties objective intent to contract? They had an oral
agreement, and the key they agreed upon in the meeting were also
written and sent in the email. 3. Does the fact that the parties
were communicating by e-mail have any impact on your analysis in
Questions 1 and 2 (above)?Yes, because if the terms reached in the
meeting was sent in an email I can understand how Chou believed
that this e-mail was meant to replace the earlier notion that he
should draft a contract.
4. What role does the statute of frauds play in this
contract?According to Melvin One question that continues to work
its way through various state courts is to what extent that e-mail
transmissions can be used to satisfy the statute of frauds. In Case
6.2, a New York Appellate court use an intent to authenticate
standard to determine whether an e-mail satisfies the statute of
frauds (Melvin 2011 p. 151).
5. Could BTT avoid this contract under the doctrine of mistake?
Explain. Would either party have any other defenses that would
allow the contract to be avoided? Yes, one or more parties could
site unilateral mistake or mutual mistake according to Melvin a
mutual mistake may be the basis for canceling a contract (also
called avoiding the contract) when both parties hold an erroneous
belief. A unilateral mistake is when only one party had an
erroneous belief about a basic assumption in the terms of the
agreement (Melvin 2011 p.140-141).
6. Assuming, arguendo, that this e-mail does constitute an
agreement, what consideration supports this agreement? The verbal
agreement made between the parties can be taken into
consideration.
Melvin, S. P. (2011). The Legal Environment of Business: A
Managerial Approach: Theory to Practice (1st ed.). Retrieved from
The University of Phoenix eBook Collection database.
