Big Time Toymaker V. Chou Essay example

944 WordsJan 26, 20134 Pages
1. At what point, if ever, did the parties have a contract? I believe that there were two contracts made in this scenario. The first one was the verbal contract that sated that the stipulations of price and the fact that there needed to be a written contract before distributing the product. The email, since it was in writing can also count as a written contract; both parties had knowledge that there would be some sort of written agreement. Chou was in the right to think that the email stating the key terms and agreements counts as a contract. 2. What facts may weigh in favor of or against Chou in terms of the parties’ objective intent to contract? The facts that Chou was in a verbal agreement with BTT will be helpful in proving that…show more content…
There have been cases were the name at the end of an email counts as a signature, example Stevens v. Publicis, were the publicis won because the name of both parties were in the written emails. In this case both parties names are on the emails and that signaled both parties intent to do business. 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? I think that BTT might have a chance to void the contract under the doctrine of mistake because they can claim that Chou misunderstood the fact that the emails meant that he was able to go ahead and distribute the product, making it a bi ding contract. However it was clear that the email stated the facts of the contract and BTT did not specify that Chou should in fact continue to draft the contract for both parties to sign. I think that BTT would have a hard time voiding the contract under the doctrine of mistake. I think that fact there was no specification to how the contract would be written leaves a lot of vague results. BTT should have been more specific in their emails saying that Chou should still have to draft a contract agreement and that the email was not enough for the contract. In this scenario BTT would have a chance at voiding the contract. 6. Assuming, arguendo, that this e-mail does constitute an agreement, what

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