After I viewed and heard that judge decision on this case, my position is in favor of the defendant.
The formation of a contract is achieved where there is an offer and acceptance between the contracting parties. An acceptance is sometimes referred to as “meeting of the minds” that involves the exchange of consideration, either a promise to act, provide goods, services or money. Relative to this case, a valid offer was made by a plaintiff. For an offer to be valid, there should be a manifestation or indication of present contractual intent, a certain definite terms that is expressly stated and a communication of an offer to the offeree. Consequently, when the offeror (plaintiff) had called and had left a message regarding the date, time and payment arrangement of the recording project to the defendant, the plaintiff’s action satisfies the requirements of a valid offer (Mallor, Barnes, Bowers, Langvardt,
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An acceptance can only be achieved when both parties have mutual understanding (meeting of the minds) of the agreement whether the agreement or contract is formed verbally or by writing (Trademark properties v. A & E Television Networks). Though the defendant’s action in showing up at the studio may established and implied acceptance, yet there was no meeting of the minds on both parties that would affirm on the compensation of the recording project. An acceptance can be implied by action. But if the parties have not reached a meeting of the minds, then there is no agreement and valid acceptance of the offer. And without a valid acceptance there is no formation of contract. Once there is no contract the plaintiff cannot compel the defendant to pay for the $700 charge on the album recording nor does the defendant have an obligation to pay for
-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
The recording agreement clause that I found that I am going to write about is the cross-collateralization clause, as seen here.
The case was affirmed by the rulings of the United States Court of Appeals, Ninth Circuit.
I, Zuleisha Ame Yniguez, write this opinion to support the majority opinion on the case of T.M. v. State of Florida.
The case seems to be strait forward with the fact that State is at fault for the
The issue here becomes whether the court’s decision was the right one or if they could have come up with a different decision had the case been studied from different perspectives making the decision wrong. Both arguments (for and against the Court’s decision) are discussed below, but I personally believe that court’s decision was the only right one to make.
The offer and acceptance model is flawed- only an agreement is necessary. In order to fully comprehend this statement, we must first establish what constitutes and offer and what constitutes acceptance. “An offer is a statement by one party of willingness to enter into a contract on stated terms, provided that these terms are, in turn, accepted by the party to whom the offer is addressed”. Acceptance is “…an unqualified expression of ascent to the terms proposed by the offeror”. The “Offer and acceptance model” is based on the court’s adopt the “mirror image” rule of contractual formation. Applying the definitions stated above, we can take this to mean that there must be a clear and unequivocal offer which must be matched by an equally
favor. The case had yet again been appealed, and this time the Supreme Court is
Judge Rakoff has unquestionably erred in his judgment. He found the evidence to be inadmissible according to the Daubert standard, which I found very odd. My view is that the evidence meets four out of five requirements laid out by Daubert (only failing the tested standard).
The main differences between the copyright,patent,and trademark law is that according to civil code (980) states that: the author of an original work has total ownership of the created object or record.” this law clearly states that the owner of an original work has total ownership and so no one else can claim the record unless he/she buys it directly from the creator of the song or album,so this applies to copyright because the original owner of a record or any other work for that matter has a protection by the Federal bureau of investigation (FBI) and the central intelligence agency (CIA),with this protection the owner of the work must convince the court that he created the copyrighted work which someone else stole,the federal government
Choosing ones side to agree on could go either way, as both sides represented their clients perfectly. In this case though, I would agree sides with the appellant, Mrs. Deborah White. I believe that this would be the correct choice because drunk driving is no way
Restatement 43 gives the specific ways that A could have been right in stating that there was no contract with B. One of the obvious ways would have been if B did not accept the option within the designated time period. Another reason that comes to mind is if an offeror diverts from the original offer. Had the information given to B from the recorder had been reliable then s A stated the option would have no longer been an agreement between the two but in this case it was erroneous and unreliable.
The Law Handbook of 1977, states that a contract is a legally binding or valid agreement between two parties in which the law will consider a contract to be valid if the agreement contains all of the following legal elements. The first and most important element is “Offer and acceptance” where one party has elected to offer the other party in exchange for a good, service or something else of value and the offeree accepts the terms given to them. In this case both parties accept the offer arranged of $750,000 for all development, production and promotional costs on 5 October 2015. Crane Entertainment also stipulates that the game will need to be completed by 22 February 2016. The second component is “an intention between the parties to create binding relations”. This refers to whether the court assumes that both of the parties agree to be enforceable at law. In this situation there is an intention to create these binding relations since Gabe accepts the terms covered in the contract. The third section is “consideration to be paid for the promise made” which denotes that the offeree is intended to receive cash, good or service in exchange with what the contract states. Gabe, in this case, is expected to be paid the $750,000 for the promise made of custom-made action games to install in each of their arcades. The fourth element is “genuine consent of the parties” where each party understands and voluntarily consents to the terms of the contract. The common law calls this
In this case, the defendant evidently does not prescribe any mode of acceptance, while making the proposal or in terms of his offer but he did so after B 's communication of acceptance, when the contract was already binding on him . Therefore, his insistence on written acceptance does not come within the ambit of prescribed mode of acceptance. So, the acceptance by B constitutes valid acceptance.
This case has captured the nation’s attention and has shined a spotlight in many areas of interest ranging from self defense to