Big Time Toymaker V. Chou Essay Example for Free

Big Time Toymaker V. Chou Essay 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 they had a preliminary agreement pending a written one. The fact that an email was sent to him with all the key terms, price, time frames and obligations is also helpful in proving that Chou had a valid agreement with BTT. I believe that that email would count as a binding contract since both parties had a promise pending performances. This was a mutual assessment in which there was an offer by BTT and an acceptance by Chou. 3. Does the fact that the parties were communicating by e-mail have any impact on your analysis in Questions 1 and 2 (above)? In a way it does because when I think of an agreement I think of it as a written and signed agreement by both parties. However BTT did not specify in what kind of writing this contract needed to be. They did not specify if there was need to sign, notified or have witnesses for the contract. Email communication between two people describing the key terms of a contract and having both of them acknowledge the key terms to me serves a contract. While there was no signature, it had both parties’ names on it, it could be said that it was an E-signature. Also we have to keep in mind that the terms were also discussed verbally prior to the email being sent. 4. What role does the statute of frauds play in this contract? I believe that this email communication meets the statute of frauds and the fact that it had the named of the people in business counts as a contract. 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 ch ance at voiding the contract. 6. Assuming, arguendo, that this e-mail does constitute an agreement, what consideration supports this agreement? The fact that BTT promised distribution rights to Chou pending an agreement counts as consideration. In this case, something of value was put on the line by both parties, entering them into an agreement to exchange mutual performances. In this case there was also a value that we can determine, and that was $25,000 paid to Chou in exchange for exclusive negotiation rights. I think that consideration was present in this agreement, making a valid contract. 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. In this scenario the remedies that would apply would be, compensatory damages because in this case Chou suffered a loss of potential profits that he would have made by his new game. It would also repay him as if BTT had not breached the contract. I think that if he could not claim compensatory damages then he would also be able to claim consequential damages because it states that it compensates the non-breaching party for foreseeable indirect loses. It also states that it involves a unique circumstance beyond the contract. In this case the contract BTT made was taken over by someone else who at the end did not want to do business with Chou. Restitution and Liquidated damages do not applied to this because there was no unjust enrichment by BTT due to the breach of contract. BTT and Chou did not agree to any damages ahead of time there fore liquidated damages does not apply.

Case Study: Dell :: essays research papers

Case Study: Dell Dell can be one of the most successful companies mostly due to its direct marketing strategy. Unlike other computer companies which sell their product through retailers, Dell provides their computer and service directly to customers. The direct-selling model makes the company understand their customers better and eliminates the retailer cost. What is more, each PC is customized to the customers who can specify what components they want. Dell also holds little or no inventory and assembles products as soon as an order placed. The company can save inventory cost and apply new technology on their product quickly by using the just-in-time approach. In 1996, Dell became the e-commerce leader, for its website is not only some pages describing the details of products but also an online shop specializing computers for consumers. People can buy computer on the website which covering 80 countries, 27 languages/dialects, and 40 currencies without leaving home. Therefore, direct marketing strategy with low cost (low price), customization and e-commerce is the key factor for Dell’s success. Blois et al (2000.p.20) argued that marketers have been making increasing efforts to integrate direct-marketing activities within their overall communications mix. For instance, when a new computer comes into the market, the company should integrate every aspect of its campaign like TV Ads, online promotions, sending emails and brochures to the potential customers and so forth. Such Integrated marketing communications which can generate the awareness of the new product are likely to become popular in the future. Furthermore, in order to remain its top position, Dell has to develop new market such as camera and printer.

Mintzberg’s Management Roles Essay

Managers’ roles are considerably critical for any kind of organization everywhere in the world. Managers have the responsibility to ensure that employees’ works are done correctly in order to accomplish organization’s goals. This managing process has become very important for an organization by dividing job responsibilities, so that the efficiency and effectiveness of tasks are more achievable. For instance, a manager is doing all three levels managerial roles at the same time. It’s not impossible, yet it’s highly energy consuming plus the works she/he had done wouldn’t be likely to get to certain standards. It concludes that the roles brought to a manager will reflect her/his actual job. Consequently, in this essay, most of the discussions are related to Mintzberg’s Ten Roles. Mintzberg’s Ten Management Roles (1973) were specified into three categories:interpersonal roles (figurehead, leader, liaison); informational roles (monitor, disseminator, spokesperson); and decisional roles (entrepreneur, handler, allocator and negotiator). All ten managerial roles stated above are essential to all three managerial levels with of course, different portion. The first category of Mintzberg’s management roles is the interpersonal roles. Interpersonal roles are managerial roles that involve people and other duties that are ceremonial and symbolic in nature. (Robbins et al. , 2008). In other words, interpersonal roles can be described as a managerial performance that is assumed to interact and coordinate with employees as a part of acknowledging organizational visions. Interpersonal roles are simplified into figurehead, leader and liaison. Figurehead is a symbolic head; obliged to perform a number of routine duties of a legal or social nature. (Mintzberg, 1973, as cited in Robbins et al. , 2008). A figurehead represents what tasks are done by his/her team, which things are necessary to get the jobs done more effectively and efficiently (at lower-level manager) and so on. At the top-level manager, this role usually has the responsibility to work with outside world, such as signing a new dealing contract with future corporate cooperation. It provides members and non-members alike with a sense of what organization is about. (Hahn, M. 2007). At middle-level manager, he/she is responsible for the representations carried from all lower-level managers. At first-line managerial level, figurehead plays as the representation of subordinates. The second role is leader. Leader can be simply defined as the one who leads or directs the way. An organization needs constant improvements so that it is able to compete in the real world. Consequently, a leader must be able to direct and nurture the workers under his/her responsibility through training and motivating in order to achieve the organization’s goals. These training and motivation programs will at least, diagnose workers’ needs. Therefore, the jobs will possibly be easier to be done up-to standards. At the first-line manager level, leadership is very substantial to organization’s improvements.

Changing Gender Roles Western Culture Essay - 730 Words

Justin Chamroeun Mrs. Elliott English 3 12 January 2016 Changing Gender Roles Through Western Culture. Gender roles have changed for the greater good over time. In the past women couldn’t have equal education as men. Women were only expected to be taught only to stay at home and take care of their family. Men had more knowledge and was expected to work to achieve their dream job to become something. Women are just wives for their husbands and mothers of their kids. In â€Å"An Academy for Women,† by Daniel Defoe, women didn t have much of an education compare men. In his paper women were spent to teach them to stitch and sew (Defoe 1). Men fear that if women had more of an education than men it could make men not superior to women (Defoe 1). That’s how society was back in the past and women couldn t become superior than men. I came to an agreement with â€Å"Seneca Falls Keynote Address,† In her paper she insults the lowest people, the Irish about why they can have equal rights but women couldn t (Stanton 1). She then explains that the Irish was considered the lowest people in society and women are better than the Irish (Stanton 1). She made her point clear and understandable. Women deserve respect and equality just like the Irish. Women possessions and earnings will be lost if they are not even married to a man (Stanton 1). However, In the past women were considered delicate and not to bright, while men were considered highly intelligent and a driving force in business.Show MoreRelatedDifferences Between Capitalists And Non Capitalist Countries Essay1538 Words   |  7 PagesGender roles and the definition of equality for gender differs within various religions and ideologies. 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