Big Time Toy Maker Essay Example for Free

Big Time Toy Maker Essay Chou and BTT had a contract at the point they agreed to all the terms. By including the obligations of the parties and the terms of the agreement, the manager showed objective intent. A written contract was not necessary since this was a contract primarily dealing with services to distribute the game, not a production contract or a sales contract. Had it involved a goods contract to buy or sell, which under the Statutes of Frauds would not be a contract until all the terms were laid out in writing; that occurred when the manager from BTT emailed the terms which would have included his electronic signature and thus would have sealed the contract between the two. Also, if the contract is under common law, then the mailbox rule would say it went into effect when it was sent, not received. What facts may weigh in favor of or against Chou in terms of the parties’ objective intent? There are a few facts that weigh in favor of Chou. First, three days prior to the end of the 90 day exclusive negotiation rights agreement, they reached an oral agreement and then shortly thereafter, a business email from a BTT management representative was sent to Chou with the specifics of the agreement. The email stated â€Å"that all of the terms had been agreed upon. † BTT also subsequently requested Chou to send them a draft distribution contract spelling out the specifics of the agreement that the email from the BBT manager sent to Chou. Finally, distribution of Strat would have exceeded the 500. 00 limit (Amended UCC  § 2-201(1)) of the Statute of Frauds. The fact that may weigh against Chou is that the contract never had an actual signature on it. Does the fact that the parties were communicating by e-mail have any impact on your analysis in questions 1 and 2? Yes, communication via email in today’s business world is considered a normal mode of business communication. The UETA, the Uniform Electronic Transaction Act states that electronic correspondence is a valid form of communications while conducting business, and that electronic signatures and documentation satisfy the need for written records or signatures. When the terms and specifics of the agreement were laid out via email and both parties agreed upon the agreement through email, it then became a written agreement, and therefore enforceable. What role does the statute of frauds play in this contract? None, since it is a services contract for distribution rights. The Statute of Frauds only comes into play if it is a goods contract. If it is deemed by the court to be a goods contract then the written requirement, the all terms included requirement and the signed by the sender all have been met by the email with its electronic signature of the manager representing BTT. Could BTT avoid this contract under the doctrine of mistake? Explain. Would either party have any other defense that would allow the contract to be avoided? No, since a mistake is required to involve a â€Å"basic† assumption involving the terms on which the contract was made. BTT would not try to argue that they were mistaken on the price, time frame and obligations of both parties since their manager had sent an email stating that both parties where in agreement in all those areas. Generally, in the absence of disagreement on one or several of the essential terms, the courts will not allow a unilateral Mistake to be considered and expects mutual mistake. Chou might try to avoid the contract if he had a better offer he could just let the matter be dropped since BTT wanted out of the contract Assuming, arguendo, that this e-mail does constitute an agreement, what consideration supports this agreement? Chou would benefit by having his product distributed for sale throughout the network of retail and wholesale outlets that BTT as a board game company had at their disposal. BTT would benefit by charging their cut for distributing the game to these outlets. 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. Compensatory damages – Chou could recover actual out of pocket which may include the original $25,000 due to BBT not acting in good faith but would also include loss of estimated potential profits. b. Specific Performance – Since this is a services contract the court may order BTT because of their total breach to fulfill their obligation to distribute the game OR substitute performance under the doctrine of accord and satisfaction where they might agree to product the game instead of distribute it OR they could agree to a discharge through novation where BTT finds an acceptable 3rd party who agrees to distribute the game. . Delegation – BTT could substitute another company to distribute the game but as delegator BTT would still be liable if their delegate failed to perform. d. Injunctive Relief – The court could issue and injunction forbidding BTT from distributing a similar game, producing a similar game or financially benefiting from a similar game to pr otect Chou from suffering due to their intimate knowledge and trade secrets relating to the disclosures during initial negotiations.

Revolution :: essays research papers

Revolution   Ã‚  Ã‚  Ã‚  Ã‚  Destruction of statues, screaming in the streets, rash actions, hasty decisions, and adrenaline-influenced outbursts. Prim and proper, fancy meetings, organized schedules, time for tea, and the thought of perfection. Total opposites are bound to clash at sometime or another, and for America, that time was now. The movie â€Å"Revolution† shows us movingly and realistically how the Revolutionary War was led up to, how the years of battles continued, and how finally victory was attained.   Ã‚  Ã‚  Ã‚  Ã‚  Poor King George III had no idea what hit him. All of the colonies now had their own governments to lean on, their own Declaration of Independence already being passed out among the people, and their own â€Å"volunteer† army. The famous â€Å"Liberty or Death† was their cry. No more repression for the people of America, they believed that God was on their side, and it was time for freedom.   Ã‚  Ã‚  Ã‚  Ã‚  When the battles began, first they were tiny squabbles that were simple and not messy. But as time passed, so did being civilized, anything and everything that would hurt the enemy in any way that could be done, was done. For that reason, on top of others, hospitals were needed. They were lacking in every department except for amputation. But since sanitary conditions were impossible, almost all had their wounds infected, and would die from the aftermath of that.   Ã‚  Ã‚  Ã‚  Ã‚  During battles there was always a flag present. No matter what happened, there was always someone carrying the flag. As soon as someone would get taken out, another would run and pick it up to show that you just can’t keep a good man down. Also, when people traveled in and out of battle areas, they would need flags to show their business and whom they supported. For example, if a wagon came in that brought rations for the colonists, they would first need to pay a toll, have an American flag, and a white flag to show they weren’t in battle. But usually, and unfortunately, in the heat of madness and testosterone, those battle codes were not heeded.   Ã‚  Ã‚  Ã‚  Ã‚  The fighting tactics were primitive. It usually was to make the other army move back a smidgen, take a break, then try again to kill, kill, kill. For the British, when a battle was won over a colony, they would parade through the streets with the remaining soldiers, the wounded and captured American soldiers. Any person who didn’t support the British was taken prisoner and was used as ‘examples’ for the others.

Law of Xenia

Law of Xenia Xenia, the Greek term for the Laws of Hospitality, The custom in classical Greece and other ancient cultures that, if a traveler comes to a strange town, he can ask for food, shelter, and gifts to help him on his journey. In Greek tradition, the host was considered responsible for his guest's comfort and safety, and a breach of those laws of hospitality was thought to anger Zeus, God of the gods.In the Odyssey there are a few instances in which the law of Xenia is broken, quite a few of those belong in book nine of the Odyssey, in which Odysseus and his men are lured into a Cyclops’ cave in which the owner, Polypheus, is angered and doesn’t care about the law of Xenia. One example in which Polyphemus breaks Xenia is, when he fails in offering Odysseus a drink or some food instead he rudely frightens them and ask them impolitely who they are and what they were doing in his cave.Polyphemus violates the law again when he eats some of Odysseus men, Xenia prohib its the host to make their guest unhappy, much less eat them. Although sometimes hosts disliked their guests and even disliked Xenia, they only followed it in fear of Zeus, Polyphemus son of Poseidon, believed that his father would protect him of Zeus and his wrath, so he broke the law once more by keeping Odysseus and his men inside his cave. He then even proclaimed that he wasn’t afraid of Zeus punishment for breaking Xenia relying on his father, Poseidon.When Odysseus asks for his gift for being the guest at the Cyclops’ house the Cyclops reacts in anger, a common rule of Xenia is to present their guest with a precious gift but in this case he laughs and eats a few more men. At last, Odysseus manages to escape captivity by stabbing the large eye of Polyphemus. The Cyclops infuriated brings a curse upon him; for Odysseus to never reach his land, for the last time violating Xenia by casting a spell on his guests.

Definition and Examples of Reduplicatives in English

A reduplicative is a word or lexeme (such as mama) that contains two identical or very similar parts. Words such as these are also called  tautonyms.  The morphological and phonological process of forming a compound word by repeating all or part of it is known as reduplication. The repeated element is called a reduplicant. David Crystal wrote in the second edition of The Cambridge Encyclopedia of the English Language: Items with identical spoken constituents, such as  goody-goody  and  din-din, are rare. What is normal is for a single  vowel  or  consonant  to change between the first constituent and the second, such as  see-saw  and  walkie-talkie.Reduplicatives are used in a variety of ways. Some simply imitate sounds:  ding-dong, bow-wow. Some suggest alternative movements:  flip-flop, ping-pong. Some are disparaging:  Ã¢â‚¬â€¹dilly-dally, wishy-washy. And some intensify meaning:  teeny-weeny, tip-top. Reduplication is not a major means of creating lexemes in English, but it is perhaps the most unusual one.(Cambridge Univ. Press, 2003) Characteristics Reduplicatives can rhyme  but arent required to. They likely have a  figure of sound  represented in them, as alliteration (repetition of consonants) and assonance (repetition of vowel sounds) would be common in a word or phrase that doesnt change much among its parts, such as in this by Patrick B. Oliphant, Correct me if Im wrong: the gizmo is connected to the flingflang connected to the watzis, watzis connected to the doo-dad connected to the ding dong.† According to Gift of the Gob: Morsels of English Language History by Kate Burridge: The majority of...reduplicated forms involve a play on the rhyme of words. The result can be a combination of two existing words, like  flower-power  and  culture-vulture, but more usually one of the elements is meaningless, as in  superduper, or both, as in  namby-pamby. Now, it struck me the other day that a large number of these nonsense jingles begin with h. Think of  hoity-toity, higgledy-piggledy, hanky-panky, hokey-pokey, hob-nob, heebie-jeebies, hocus-pocus, hugger-mugger, hurly-burly, hodge-podge, hurdy-gurdy, hubbub, hullabaloo,  harumscarum, helter-skelter, hurry-scurry, hooley-dooley  and dont forget  Humpty Dumpty. And these are just a few!(HarperCollins Australia, 2011) Reduplicatives differ from  echo words in that there are fewer rules in forming reduplicatives. Borrowed Reduplicatives The history of reduplicatives in English starts in the Early Modern English (EMnE) era, which was about the end of the 15th century. In the third edition of A Biography of the English Language,  C.M. Millward and Mary Hayes noted:   Reduplicated words do not appear at all until the EMnE period. When they do appear, they are usually direct borrowings from some other language, such as Portuguese dodo (1628), Spanish grugru (1796) and motmot (1651), French haha ditch (1712), and Maori kaka (1774). Even the nursery words mama and papa were borrowed from French in the 17th century. So-so is probably the sole native formation from the EMnE period; it is first recorded in 1530.(Wadsworth, 2012) Morphological and Phonological Sharon Inkelas wrote in Studies on Reduplication that there are two separate methods, producing two different types or subsets of reduplication: phonological duplication and morphological reduplication. Below we list some criteria for determining when a copying effect is reduplication and when it is phonological duplication. (1) Phonological duplication serves a phonological purpose; morphological reduplication serves a morphological process (either by being a word-formation process itself or by enabling another word-formation process to take place...).(2) Phonological duplication involves a single phonological segment...; morphological reduplication involves an entire morphological constituent (affix, root, stem, word), potentially truncated to a prosodic constituent (mora, syllable, foot).(3) Phonological duplication involves, by definition, phonological identity, while morphological reduplication involves semantic, not necessarily phonological, identity.(4) Phonological duplication is local (a copied consonant is a copy of the closest consonant, for example), while morphological reduplication is not necessarily local.​  (Morphological Doubling Theory: Evidence for Morphological Doubling in Reduplication. ed. by Bernhard Hurch. Walter de Gruyter, 2005)