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 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.
Explain your answers and refer to Section 7-6 in Ch. 7 for
Submit your answers – there should be 7 total.
1. There ...view middle of the document...
3. No, some will say it does because it is a recorded electronic communication. But it is not binding by any means. The two sides were mearly discussing terms. One side then asked for a contract without the other responding leaving them thinking that there was no deal.
4. By Chou not faxing over a distribution contract as requested BTT could pursue him under teh statue of frauds thinking that they had a deal with Chou for his game and that maybe Chou went to another company. On Chou’s side he could think the same about BTT.
5. Yes they could due to a miscommunication with Chou. They did not believe that they had a legal binding contract where Chou did. This is a big miscommunication.
6. There is no consideration that supports this agreement. It is like me telling my brother that if he got me a list of items i would consider selling him something. But weeks pass before he does it and now after the amount of time the deal is no longer there. This revokes the initial contract. The same is with BTT and Chou. By not responding to BTT’s email Chou has allowed for BTT to take the original agreement off of the table and that is what they did.
7. Overall this in my opinion is just two entities that communicated on what they would like to accomplish with each other. One merchant after this requested from the other a distribution contract. This never came to be and the original merchant then removed the deal off of the table.