Premium Essay

Torts

In: Business and Management

Submitted By joemoeflo
Words 863
Pages 4
Theory to Practice
1. At what point, if ever, did the parties have a contract?
During the whole incident the parties were in a contract. The initial was a verbal agreement for a 90 day period. Than the company sent an email detailing the details of the deal again, and was titled Strat deal. Another thing is the company used the method of email to outline the details of the deal to Chou. This is what will hold up in court as a valid contract as it is an email outlining the deal with all of the things needed for a contract. Then when BTT asked for a contract he used the same means of communication. I think this is really what is going to make BTT be held accountable.

2. What facts may weigh in favor of or against Chou in terms of the parties’ objective intent to contract?
There are a couple of points that could go for Chou. One is they were in a verbal agreement for goods for a 90 day period and then he received an email after that reaffirming the verbal agreement. After a time period the company asked for a contract from Chou and he sent them one using the same means of communication, through an email.
Some things that could work against Chou is the fact that the company never responded to Chou’s email with the contract or agreed to it in anyway. Also the email never contained the word contract nor did the verbal agreement.

3. Does the fact that the parties were communicating by e-mail have any impact on your analysis in
Questions 1 and 2 (above)?
Yes as the BTT was the first one to initiate contact via email and then they proceeded to not answers Chou’s email in regards to him sending the contract. Also the email can be used as a binding contract if all of the requirements of a contract are in the email.

4. What role does the statute of frauds play in this contract? The statute of frauds includes the use of emails as a valid source of a...

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