Unit III Prepare Four Briefing Papers: Cybersquatting, Force Majeure Clause

Prepare Four Briefing Papers: Unit III Case Study
Name
Course
Instructor
Date
1] Critical Legal Thinking
The implied-in-fact contract relates to obligations associated when there is mutual agreement based on the intent of the parties even when they are not expressed in words (Cheeseman, 2013). The parties’ conduct, facts implied from the contract and circumstances are all considered in these types of agreements. There was no agreement between the parties, while the conduct of the party implied there was agreement. The plaintiff then expected to be compensated, and the defendant benefited from the agreement.
Taco Bell acted unethically since there was an implied agreement with Wrench, LLC on using the Chihuahia characters for Taco Bell’s advertisement. Taco Bell also failed to compensate Wrench. Chiat also acted unethically by Taco Bell’s former client to develop the advertisement, their ideas simply utilized the original ideas of Wrench Hall.
In an implied-in fact contract the parties tacitly accept that there will be benefits arising out of the agreement, and the contracts can be implied in fact or at law. The mutual intent of the parties in the case of Wrench LLC v. Taco Bell Corporation indicates that there was a contract implied in fact. 2] Law Case with AnswersCalifornia and Hawaiian Sugar Company v. Sun Ship, Inc
Sun Ship was to deliver ships to C & H, and delays to meet the conditions upon the agreed time would result in a payment of $ 17,000. The liquidated damages clause was agreed by the two parties (Cheeseman, 2013). Breaching the contract would result in C & H receiving compensation, while the liquidated damages clause allows the aggrieved party to use this strategy rather than await court settlement that takes longer time. The plaintiff and defendant agreed to insert the clause, and the contract is enforceable. However, the defendant can also argue that the liquidated damages clause compels them to pay amounts that are unreasonable and punishes them. The clause can be used for a contract involving construction works where the contactor agrees to complete a project within a year if there are no unforeseen circumstances, and a liquidated damages clause for delays in completion.
3] Critical Legal Thinking Cases
Cybersquatting (pp. 240-241) E. & J. Gallo Winery v. ...