Quick Takes vs. Non-Linear: Elements Of A Contract

Mr. Slim Jim verbally submitted an offer to Mr. Potbelly who proceeded to accept Mr. Slim Jims’ offer unequivocally (pg. 122). The “Basic Requirements of a Contract” (pg. 107) were completed. In this bilateral contract (pg. 107), “Communication of Acceptance” (pg. 123) was evident as Mr. Potbelly responded “Sure I’ll take it” when Mr. Slim Jim submitted an offer for the pottery and enthusiastically replied “I’ll take it!” when Mr. Slim Jim gave him an offer of cash for his home. As a result of this, Mr. Slim Jim is suing for the “right to obtain specific performance” asking that the agreement be upheld. Also, according to “admissions” (one of the “exceptions to the statutes of frauds” (pg. 175) Mr. Potbelly’s agreement should be upheld.

Deep Topics and others file a suit against CCS, alleging infringement of the plaintiffs’ intellectual property rights. Which type of intellectual property is involved in this situation? What is CCS’s likely defense? How is a court most likely to rule? Explain. 7) On May 1, Brand Name Industries, Inc. (BNI), sent Carol a letter, via overnight delivery, offering to employ her to audit BNI’s financial statements for the current year for $10,000. In the letter, BNI stated that Carol had ten days to accept. On May 5, Carol sent BNI a fax that stated, “The price for the audit seems too low. Would you consider paying $12,000?” BNI received the fax. The next day, Dan offered to conduct the audit for $8,000. On learning of Dan’s offer, Carol immediately emailed BNI, agreeing to do the work for $10,000. BNI received this e-mail on May 7. Explain why BNI and Carol do, or do not, have a contract.

Agency law is a relationship between a principal and in agent in which the agent is legally authorized to act on the behalf of the principal.

On October 29th, 2015, I made the trip to small claims court at the Superior Court North County Division in Vista, California. The case I observed was a contract dispute between Michael Mendell and Ediga Narashima. The plaintiff (Mendell) was sueing the defendant (Narashima) for $4,000 over a breach of contract. Narashima had given Mendell the opportunity to build theatre system and a bookshelf for his home. They both came to an agreement that the total cost of this procedure would be $4,100. Mr. Mendell is a professor at APT College where he teaches telecommunications. Mendell claims that the full $4,100 was never paid to him. During the whole process of the build there was many setbacks and problems that arose. Mendell claimed that while he was working on this home theatre project, he missed out on work and money he could have obtained from his other job as a professor. That is the reason why he is sueing Narashima as well as the fact that Mendell claims Narashima did not pay him his final installment of $300 for the job. Ediga Narashima claims that the final installment was paid through a friend or third party named Mario Diaz. Mario was a friend of both the plaintiff and defendant. He had referred Mendell to Narashima for the job. Mendell counterclaims that he had never received the final installment from Mario. The big question is to whether Mario had payed the final installment to Mendell as they agreed in

-The Issue: were all the elements of a contract present to make the contract enforceable?

The law of agency is a consensual relationship created by contract or by law where one party, the principal, grants authority for another party, the agent, to act on behalf of and under the control of the principal to deal with a third party.

10. Dan hires Eve to perform at Dan 's Club, but Eve later breaches the agreement to accept a higher-paying job at First Star Arena. Dan files a suit gainst Eve. The court will most likley: award damages to Dan.

The evidence showed that the contract to purchase appellant’s business and the promissory note were signed only by Joe Alexander on behalf of the corporation. Harris’ wife testified that appellees were not present when the contract was signed.

36. Principle of Law: The transaction between Browne and Houlihan was just under negotiation process and not form the contract. Browne did not acknowledge Houlihan’s e-mail and did not reply to accept Houlihan’s request, so he sold the television set to another. Houlihan then purchased a new set more expensive than Browne’s set. Both of them didn’t break the contract because there’s no contract between them. Therefore Houlihan had no legal basis to sue Browne for $1,000.

Gregory, a comedy writer, entered into a contract with Wessel, a comedian. The contract provided that Gregory would provide Wessel with a 15 minute monologue for his upcoming appearance on the comedy Hour and that Wessel would pay Gregory $250. All Performers on the comedy Hour make $500 per appearance. As Gregory knows, the last time Wessel appeared on the Comedy Hour he was asked to make special guest appearances at three local comedy clubs using the same monologue. Wessel earned a total of $750 for the three performances. Shortly before Wessel was scheduled to appear on the comedy Hour, Gregory informed Wessel that he was unable to provide the monologue. As a result, Wessel was forced to cancel his appearance. Wessel sued for breach of contract and requested damages of $1,250. What will result? Issue, -

this case could be an tricky in the court, because in the contract they only

Facts: The plaintiff Taser International, Inc is a company that produced electronic devices such as stun guns, and even accessories that are needed with control devices. In addition, the company also manufactured TASER CAM which is an audio and video recording device that is mostly sold for military, security and public purposes. The defendant Steve Ward was a vice president of marketing in the Taser International Inc., who worked full time from January 1, 2004 to July 24, 2007 until the day he resigned. However, even though he was a full time employee, he was not part of any employment contract. The defendant Ward was aware of many confidential information and even trade secrets since he was the vice president of the company which is a very important aspect of the company. In 2006 Ward thought of getting legal advice on whether he could create an eyeglass-mounted camera by searching to see if this type of idea was patented already or not. The patent counsel found an eyeglass-mounted camera already to be patented and then the defendant Ward, thought about modifying his camera to a clip-on camera. On August 23, 2007 Ward formed his company known as Vievu LLC in order to get his product of a clip-on camera on to the market. But before his resignation he investigated more about developing a business plan, and about camera devices. As a result, Taser Company sued Ward for violating

The trial court judged in favor of Plaintiff, thus, Plaintiff won and Defendant lost. The question of fact was if a contract existed between the parties. The trial court decided that the contract existed, even Ivan was against it, if he had read through Application for Advertising, he would have realized that he was signing contract.

The principle of apparent authority, implies that principal does not have an agreement with the agent but with the third party who is the customer or rider. If the principal, in this case, orders the agent not to take a given route due to the bad conditions of the road the agent will not go against the will

Although the agent is limited by actual authority, the principal is still bound by the acts of the agent where in the case of Waugh v H.B. Clifford & Sons Ltd [1982] 1 Ch 374, it was held that the client has to be bound by the compromise entered into by the solicitor even though the client did not want to compromise.