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Big Time Toy Maker Case Scenario

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Case Scenario: Big Time Toy Maker
LAW/421
May 5, 2015

Case Scenario: Big Time Toy Maker

At what point, if ever, did the parties have a contract? The two parties, Big Time Toymaker and Chou entered into a contract when they came to the initial agreement where Big Time would pay $25,000 for exclusive negotiation rights for a 90 day period.
What facts may weigh in favor or against Chou in terms of the parties’ objective intent to contract? The biggest factor in favor of Choe is that in the initial exclusive negotiation agreement, it was stated that no distribution contract existed unless it was in writing. Even though Chou never drafted an actual contract, the manager of Big Time sent an email with all of the details of a contract to him. Since all four parts of a contract existed, this is a contract, even though the email did not say so.
Does the fact that the parties were communicating by e-mail have any impact? The fact that the parties are communicating by email gives tangible proof to the agreement being made and proof of the 4 parts to a contract.
What role does the statute of frauds play in this contract? The Statute of Frauds requires contracts to have signatures. If this contract is found to fall in this category, which it may since the value is over five hundred dollars, it may be found invalid. Now, depending on what state, the fact that both parties responded via e-mail, their name signed at the end may be considered an electronic signature, thereby making this contract valid.
Could Big Time avoid this contract under the doctrine of mistake? Explain. In Doctrine of Mistake, certain contracts can be voidable if certain facts that were believed in the early stages are found to be false later on. I do not think Big Time can avoid this contract, because all of the facts were laid out in detail in the beginning and nothing has

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