Voltage Tech Case

-The Reasoning: the face that the appellant did not like the fee indicated does not preclude the finding of a binding contract. Appellant intended to negotiate, but never did so. Appellant

Both parties must be bound.” Both parties must be required to perform under the contract, “in other words, it must be enforceable originally, or not at all.” Sayres v. Wheatland Group, L.L.C., 79 Va. Cir. 504 (Va. Cir. Ct. 2009). As stated by The Circuit Court of Fairfax County, Virginia "if it appears that one party was never bound on its part to do the acts which form the consideration for the promise of the other, there is a lack of mutuality of obligation and the other party is not bound." Busman v. Beeren & Barry Invs., LLC, 69 Va. Cir. 375 (Va. Cir. Ct. 2005).

have developed the best, most effective classroom management plan we can think of, there will always

The Great Western Bank of San Diego placed an order of 12 special purpose accounting machines with the Data Max Corporation of Cincinnati, OH. Great Western Bank and Data Max, both agreed to a firm-fixed price of $9,500 per unit and FOB the shipping point. The purchasing manager of the bank designated a particular carrier (yellow freight) and Data Max returned the signed acknowledgement without making any changes to the terms and conditions.

This report is dealing with the case of ACME Electronics vs. Otto Gunter. Gunter purchased a computer from ACME Electronics in 2002. In 2004, the hard drive crashed and he brought it in to ACME Electronics to have it replaced, as well

b. The firm is required to make a cash payment for the goods or services.

Certain business situations necessitate that customers take title to the goods purchased, agree to pay for them and yet not be in a position to accept delivery of the goods. In such cases, the sellers fulfill the manufacturing requirements and segregate the goods in their warehouses so as to make the goods available to the customers for shipment. Such transactions are labeled ‘bill and hold’ agreements (Grant Thornton, 2010).

“For a sales incentive offered voluntarily by a vendor and without charge to customers that can be used or that becomes exercisable by a customer as a result of a single exchange transaction, and that will not result in a loss on the sale of a product or service, a vendor shall recognize the cost of such a sales incentive at the later of the following:

FUTRONICS Inc. is a private company located in Lexington mainly categorized for modems, monitors, disk drives and terminals. It is moreover in to sales and services. This case is about the replacement of Futronics’s central office stores by an outside service provider. In this case supply management manager have an opportunity for investigating selected outsourcing in-house services.

5.3 Late payments will incur interest at 15% per month. After 60 days work will cease and unpaid invoices will be referred to a debt collection agency. All costs incurred by Virtual Assist’s for the collection of unpaid invoices will be the responsibility of the Client. 6.0 Virtual Assist’sCommitment to Client 6.1 Virtual Assist’s will endeavor to deliver all work agreed upon with the Client, in the agreed scope, budget, and time-frame discussed, to the best of our ability. Additionally, we undertake to respond promptly to requests for urgent assistance.

The purpose of this memo is to analyze the expansion plans and assess the financing options.

In this scenario StockNet is a company that provides “full service securities transactions to customers by e-mail and the World Wide Web.” StockNet had posted an “advertisement” via the web inviting new customers to “make a one-time stock purchase at no commission if the order is placed electronically through the World Wide Web” on their website prior to the “close of the market” that day. If the order is placed as directed by StockNet then the new customer will not be charged a commission on the order they place “electronically” through StockNet’s website. Joe Netsurfer sees the advertisement; calls the StockNet broker and places an order over the phone for 100 shares of IBM, but his “purchase order confirmation from StockNet” has a charge

Within a contract consideration must be made to the creation of the contract. The terms of the contract define the obligations of the parties. It is by analysing the terms that you can find out what has to be done to discharge those obligations. For example in Cehave NV v Bremer Handelsgesellschaft mbH [1976] QB 44; [1975] 3 All ER 739, the buyer Cehave did not want to accept the delivered goods because they were not in ‘good condition’ although they were in satisfactory condition to perform their purpose which was to be used as animal feed.

Law 1: Under common law, a party can agree to expressed terms within a contract that hasn’t been written and signed (eg agreement to Conditions of Carriage), so long as the party has had reasonable notice of the statement or is included in a document that is reasonable person might consider to be not a contractual

The non-refundable portion of the license fee specified in the agreements should be recognized either upon delivery of the product or at the time