Business Law Unit III: Wrench LLC v. Taco Bell Corporation (Other (Not Listed) Sample)
Read the Call-of-the-Question carefully, and follow the instructions for each subject. Prepare four Briefing Papers using the APA Format for research papers, and upload them as one document for your response.
1. Critical Legal Thinking
Read Wrench LLC v. Taco Bell Corporation, found in the Cheeseman text, pages 187-188.
Respond to the three Case Questions found in the Cheeseman text, page 188.
Assume your readers know the facts of the case and are only seeking your opinions as articulated in the
Critical Legal Thinking, Ethics, and Contemporary Business questions. Argue both sides of all issues.
2. Law Case with Answers
Read California and Hawaiian Sugar Company v. Sun Ship, Inc. found in the Cheeseman text, pages 222-223.
Assume your readers know the facts of the case and are only seeking your opinions on whether the use of liquidated damage clauses in contracts is good or bad for your business by giving examples of when the clauses should and should not be used.
Provide convincing arguments for both sides of this issue.
3. Critical Legal Thinking Cases
Read Sections 11.1 Cybersquatting (pp. 240-241); 9.2 Agreement (p. 202); 10.3 Force Majeure Clause (p. 224); and 11.8 E-License (p. 242).
Check the decisions of the highest appellate courts, if a case is cited, for each fact pattern.
Assume your readers know the facts of each scenario and are seeking your opinions on whether each of the four subjects affect business in the United States, and if so, provide the worst and best case scenarios.
4. Ethics Case
Read Section 9.11 Ethics, found in the Cheeseman text, pages 204-205.
Assume your readers know the facts of the case and are only seeking your opinions on the three questions found at the end of Section 5.9. Argue both sides of all issues.
Business Law Unit III
Critical Legal Thinking
Wrench LLC v. Taco Bell Corporation,
Doctrine of implied-in fact contract provide
The implied-in-fact contract is not really created but is inferred from the circumstances depending on the surrounding circumstances and non-verbal conduct during deliberations. Even though, there is no express contract, it is reasonable to assume that there was tacit agreement between the parties involved as though there was a contract. Nonetheless, the plaintiff expects payment after having offered services to the defendant gratuitously. The contract is presumed to exist when the defendant tacitly accept to benefit even if it is possible to decline.
Taco Bell and Chiat/ Day unethical practice
Taco Bell did not act ethically, as there was an implied-in-fact contract, given that Wrench LLC provided services, suggesting the use of the Chihuahua for Taco Bell’s advertisements. In any case, there was communication after the initial contact, and Wrench LLC expected some form of compensation. Even though, the defendant later on accepted the idea of Chiat/Day which was inspired by the plaintiff, it was as though they had breached the contract. Additionally, Chiat/Day acted unethically by using an idea already proposed by the defendant’s potential client. Chiat/ Day claimed that their idea was original, but use of Chihuahua in commercials had already been conceived by the plaintiff.Recognizing implied-in fact contracts
The implied-in-fact contract is enforceable like an express contract, since the parties to a contact expect some form of compensation. Hence, the implied-in fact contract makes it possible to offer compensation to avoid unfair results and injury to the persons who expected such compensation. In any case, the defendant already benefited from the contact with the plaintiff, and it is only fair and just to compensate the plaintiff. The compensation would have been awarded depending on the estimated sale up to the time the case was heard.
California and Hawaiian Sugar Company v. Sun Ship, Inc.
The use of the liquidated damages clause is important for any business contract as it protects against a possible breach of contract. In other words, a party in breach of contract is legally bound to provide compensation for a breach, but the amount and terms must be agreed upon by both parties and written. In the commercial context, the clauses depend to be upheld highlighting there benefits to parties in a contract. The injured party can rely on the LD clause to sue for compensation rather than going through a lengthier court process for breach of contract. Thus, if a party fails to fulfill their part of the bargain based on promised performance, the liquidate damages takes effect. <...
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