...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...
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...Case Scenario: Big Time Toy Maker 1. At what point, if ever, did the parties have a contract? Our textbook defines a contract as “a promise or a set of promises enforceable by law” (). A contract does not necesarily has to be in writing. A contract can be oral and enforceable. Big Time Toymaker and Chou took part in an oral contract. Big Time Toy Maker and Chou held a meeting where an oral distribution agreement was reached. In addition, Big Time Toy sent an email to Chou confirming the agreement. 2. What facts may weigh in favor of or against Chou in terms of the parties’ objective intent to contract? The facts that may weigh in favor of Chow are the exclusive negotiation rights for a 90-day period, the oral agreement that was reached at the meeting and the email he received from Big Time Toy. The facts against Chou would be that there is never an actual written agreement drafted by Chou. In addition, the exclusive negotiation rights agreement stipulated that no distribution contract existed unless it was in writing. Finally, no written agreement was turned in within the original 90-day period stipulated in the exclusive negotiation right 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, because the email represents the acknowledgment by both parties of the distribution agreement made in the meeting despite the e-mail failing to mention the word “contract.” In addition...
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...Big Time Toy Maker 1. At what point, if ever, did the parties have a contract? In the theory of practice, big time toy maker, the parties involved did not have a contract. In the scenario it stated that the parties had reached an agreement 3 days prior to the end of the 90 day deadline, which was set in the negotiation period.” The exclusive negotiation agreement stipulated that no distribution contract existed unless it was in writing. Just three days before the expiration of the 90-day period”. (Melvin, 2011,). If there is no legal binding and no signature, then there is no contract. 2. Some facts weigh in favor or against Chou in terms of the parties’ objective intent to contract are • The board games were already paid out by BTT, which was $25K for the exclusive negotiation rights. This helps Chou to believe that the company had intent in arriving at a distribution agreement • An oral agreement meeting with a follow-up e-mail from the BTT manager on the key agreement. • A Fax from BTT requesting a draft for a distribution agreement contract agreement and Chou responded immediately Facts that weigh against Chou are: • The negotiation statement stated that no contract exists unless it is in writing there was no signature to bind the contract. • The 90-day deadline passed with only an oral agreement • The word “contract” has left off the e-mail received from the BTT manager • Chou failed to draft a distribution agreement contract until...
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...Big Time Toy Maker Dennis Haynes LAW/421 January 15, 2016 Dr. Amy Nett Abstract In this paper I will be discussing a scenario between Chou and BTT and the contract they supposed to have signed or did not sign or have a contract. 1. At what point, if ever, did the parties have a contract? I do not think they had a contract in place before the new management took over. The terms of the agreement stated that in order for the contract to be valid, it had to be in writing. 2. What facts may weigh in favor of or against Chou in terms of the parties’ objective intent to contract? I think BTT will have to pay Chou the $25,000 back or honor the contract, but they had 90 days to complete the contract and negotiations broke down. 3. Does the fact that the parties were communicating by e-mail have any impact on your analysis in Question 1 and 2 (above)? I do not think the e-mail exchange makes a difference. I think this is an open and shut case. Either they should complete the contract or refund the money that was received. 4. What role does the statute of frauds play in the contract? The Statute of frauds plays into this because the contract was not in writing before the 90 day period. 5. Could BTT avoid this contract under the doctrine of mistake? Explain. Would either party have any other defenses that would allow the contract to be voided? I think BTT can avoid this contract because it was not signed. Yes...
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...Industrial Promotion and Technology Branch TECHNOLOGY PAPER SERIES 6/05 Technology Transfer and Trade: The Toy Industry in India UNITED NATIONS INDUSTRIAL DEVELOPMENT ORGANIZATION I N D U S T R I A L P R O M OT I O N A N D T EC H N O LO GY B R A N C H Technology Transfer and Trade: The Toy Industry in India TECHNOLOGY PAPER SERIES TPS 6/05 December 2005 UNITED NATIONS INDUSTRIAL DEVELOPMENT ORGANIZATION Vienna, 2005 UNIDO Industrial Promotion and Technology Branch Technology Paper Series TPS No. 6/2005 December 2005 Technology Transfer & Trade in Toy Industry of India Copyright © 2004 by United Nations Industrial Development Organization (UNIDO) The designati ons employed and the presentation of the material in this document do not imply the expression of any opinion whatsoever on the part of the Secretariat of the United Nations Industrial Development Organization (UNIDO) concerning the legal status of any country, territory, city or area or of its authorities, or concerning the delimitation of its frontiers or boundaries. The responsibility for options expressed rests solely with the authors, and publication does not constitute an endorsement by UNIDO of the opinions expressed. This document has been produced without formal editing. The views expressed in this report do not necessarily reflect the views of the Secretariat of the United Nations Industrial Development Organization. Any indication of, or reference to, a country, institution...
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...CONTENTS Media, messages and styles used by Indian marketing communicators of Films 1. Overview of Indian Film Industry and Market 2. 4Ps concept applied on the movie industry as a whole 3. Overview of the film making business 4. Classification of movies from a producer’s or distributor’s point of view 5. Classification of movies as products 6. Publicity of movies 7. How different media is used for publicity of movies? 8. Alterative marketing methods 9. Music as a promotion tool 10. Hollywood marketing strategies in India 11. Messages and styles used for promotion of films 12. Bibliography Objective: To find out the Media, messages and styles used by Indian marketing communicators of Films. Methodology The project is based on secondary data information, as a source of secondary data various websites, movie magazines and marketing journals are used. Abstract: Bollywood, which contributes 27% of entertainment revenues, is changing from a fragmented industry to a few stalwart organisations who occupy all parts of the value chain starting from production to distribution. The article explores the new emerging trends in innovative movie promotions in the industry. The changing paradigm of its viewer ship and the increased role of NRI clusters is leading to a structural change in the way business is done in ‘Bollywood’. Overview of Indian Film Industry and Market India is the world's...
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...Tech outlook for 2016 December 29, 2015 by Los Angeles Times Gear VR Virtual reality, connected cars, e-sports, the on-demand economy - all are becoming important elements in the Southland economy, and all are poised for rapid growth in 2016 - along with some challenges. And then there's Snapchat Inc., based in Venice, and one of the most highly valued companies currently competing in the latest venture-capital-juiced start-up cycle, which many believe is way overheated. SNAPCHAT The popular disappearing chat and video app needs to create predictability for investors to increase the odds of going public at a valuation exceeding the $16 billion at which it's supposedly valued. That includes steady growth in sales. More time spent on Snapchat means more ad revenue for the company. So a string of new features will certainly be added in 2016. Some possible new additions: Group chats: Snapchat users must individually select message recipients. Snapchat Chief Executive Evan Spiegel has said eschewing group messaging was intended to make people think deeply about who they are sharing their lives with. But he's got to keep users thirsting for group chats happy, so expect some streamlined sharing. Changing tunes: Spiegel is big on music, and has a long-stated interest in helping aspiring musicians and artists. How that translates into chat features is unclear, but expect Snapchat to introduce at least one big thing around sounds. For one, Spiegel can't ignore the smashing success...
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...Have you ever wondered how a child thinks? What goes on inside a child’s brain, what do they think as they play with a new toy for the first time, or learn how to do something new like riding a bike. Children are complex and normally learn at a very quick pace, their brains are like an absorbable sponge during the early years of their young lives. Children may learn on their own, or learn from observing others actions. Although I am not longer considered a child, I plan on turning back time and observe children’s actions to try to learn about how children think, learn and play, whether it is on their own or with other children. By the end of this, I would like to be able, and others who read this to be able to have an idea of how children act when they are influenced by others, and how they act on their own. I will begin by explaining the children I have observed and the area of development I decided to focus on. Instead of only choosing one child to observe, I was lucky enough to know someone that has three children of all the same age to observe. At the age of 14, my good friend Shelby Nastase became a proud sister of triplet brothers, two of the boys are identical, Jake and Andrew, and one is fraternal, Alec. The boys are now at the age of six, each with their own vibrant personalities. Although all boys look very much alike, especially the twins, each has their own mind and personality that would defiantly make them their own individual. During my observations...
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...Just in Time for the Holidays * Eric J. McNulty FROM THE DECEMBER 2005 ISSUE * SAVE * SHARE * COMMENT * TEXT SIZE * PRINT * 8.95 BUY COPIES Just in Time for the Holidays VIEW MORE FROM THE December 2005 Issue EXPLORE THE ARCHIVE RECOMMENDED * ------------------------------------------------- ------------------------------------------------- Just in Time for the Holidays (HBR Case Study and Commentary) ------------------------------------------------- TECHNOLOGY & OPERATIONSHBR CASE AND COMMENTARY * ------------------------------------------------- Eric McNulty, M. Eric Johnson, Horst Brandstatter, Warren H. Hausman, Anne Omrod ------------------------------------------------- 8.95 ADD TO CART * ------------------------------------------------- SAVE ------------------------------------------------- * ------------------------------------------------- SHARE * ------------------------------------------------- ------------------------------------------------- Just in Time for the Holidays (HBR Case Study) ------------------------------------------------- STRATEGY & EXECUTION HBR CASE * ------------------------------------------------- Eric McNulty ------------------------------------------------- 8.95 ADD TO CART * ------------------------------------------------- SAVE ------------------------------------------------- * ------------------------------------------------- ...
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...Chapter 03 - Markets, Organizations, And The Role Of Knowledge CHAPTER 3 MARKETS, ORGANIZATIONS, AND THE ROLE OF KNOWLEDGE CHAPTER SUMMARY This chapter answers three primary questions: How do market systems work? What are the relative advantages of market systems compared to central planning in large economies? Why do we observe so much economic activity conducted within firms in market economies? In addition to covering the basic principles of exchange and supply-and-demand analysis, the chapter introduces two concepts that are critical to the subsequent development in the book: specific knowledge and contracting costs. The chapter also makes the important point that individuals have incentives to choose value-maximizing organizational arrangements. An appendix presents the basics of present value analysis and the valuation of common stock. It also discusses the concept of stock market efficiency. This appendix provides useful background material (for example, when instructors want to discuss the stock market reactions to events). CHAPTER OUTLINE GOALS OF ECONOMIC SYSTEMS PROPERTY RIGHTS AND EXCHANGE IN A MARKET ECONOMY Dimensions of Property Rights Managerial Application: Patent for Priceline.com Managerial Application: Property Rights Insecurity in Columbia Gains from Trade Managerial Application: While Animosity between the Governments of Venezuela and the U. S. Grow, So Does Trade Managerial Application: Strategic Business Planning—Ignoring Economics of Trade Academic...
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...after hour, day after day in the pursuit of happiness. Somehow we all seem to be laboring under the common delusion that wealth can bring happiness. Yet the past has proven that the joy that money brings is fickle and impermanent. Our individual experiences usually concur with this statement. Assuming that this holds true for the majority of people, employers and employees alike, we have to ask ourselves whether material success is enough? Can a company retain its proficient and conscientious employees by offering them mere monetary incentives? Can human resources be stirred or inspired to achieve for the organization by something as ephemeral as money? The history and present of the business world will answer with a resounding “NO”. In that case, what is the formula, in a system driven by human beings, whose minds are swayed by objects, emotions and thoughts, to create a harmonious organization, which endeavors for excellence together? Pixar appears to be one of the rare organizations whose methods resolve this question. They have managed to attain a global reputation for their employees’ satisfaction and assiduousness. This report delves into some of Pixar’s secrets of creating an environment that is incalculably favorable to innovation. It begins by introducing Pixar to the readers and advances to an analysis of some of the Pixar’s philosophies that have contributed to their success. The first theoretical analysis section begins with an evaluation from the perspective of employee...
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...Anticipate Most organizations and leaders are poor at detecting ambiguous threats and opportunities on the periphery of their business. Coors executives, famously, were late seeing the trend toward low-carb beers. Lego management missed the electronic revolution in toys and gaming. Strategic leaders, in contrast, are constantly vigilant, honing their ability to anticipate by scanning the environment for signals of change. We worked with a CEO named Mike who had built his reputation as a turnaround wizard in heavy manufacturing businesses. He was terrific at reacting to crises and fixing them. After he’d worked his magic in one particular crisis, Mike’s company enjoyed a bump in growth, fueled in part by an up cycle. But after the cycle had peaked, demand abruptly softened, catching Mike off guard. More of the same in a down market wasn’t going to work. Mike needed to consider various scenarios and gather better information from diverse sources in order to anticipate where his industry was headed. We showed Mike and his team members how to pick up weak signals from both inside and outside the organization. They worked to develop broader networks and to take the perspective of customers, competitors, and partners. More alert to opportunities outside the core business, Mike and the team diversified their product portfolio and acquired a company in an adjacent market where demand was higher and less susceptible to boom-and-bust cycles. To improve your ability to anticipate: Talk...
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...radi An analysis of storytelling and Joseph Campbell’s universal themes and their role in animated films. Theodore Hicks Word count: 1,711 Feedback: quite broad terms. Where there is some analysis it is very short and this needs developing further. Much of this is down to Analysis, Argument There is some analysis here but it is very limited. ON the whole you are describing events and stories in animation in quite broad terms. Where there is some analysis it is very short and this needs developing further. Much of this is down to your choice of question. If you had picked a couple of Disney/Pixar films and analysed them in more detail in relation to Campbell, your essay would have been more focused. Outlining this narrowing in the question will help with this, as reading the essay, this is where the topic really lies. You need to be able to show Campbell’s theories working across more than one film for it to be a successful piece of analysis at this stage, and in doing so, it will help you reach a central argument about the use of Campbell’s theories in discussing these films – at the moment this doesn’t happen. This is the section you need to work on the most, to increase your word count and extend the overall discussion. Structure, communication, referencing/bibliography The structure is generally ok, with an introduction, and a conclusion. You need to work on some of the in between sections as the essay jumps between ideas of outlining theories, linking some...
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...they play with other children and with familiar adults. Even very young children engage in simple give-and-take or copying games with their peers, older siblings or with adults; • A playful quality in activities is shown by the exercise of choice, enjoyable repetition and invitation by children to others to join the play; • Yet children's play can look serious. Players may show great absorption in the activity and disagreements can result from a difference of opinion about how the play should progress. Do all children play? Historical and cross-cultural evidence shows that all children play, unless their living circumstances are very harsh or the children are very ill. • Children's available or chosen playthings and games vary across time and culture. Yet some playful activities seem to be very common. Some examples include play with dolls and similar figures, construction activities with whatever is available and imaginative play that recreates what...
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...organization had worked feverishly behind the scenes, ensuring that the company’s information systems could handle the surge in orders for pajamas, custom teddy bears, flowers and other gifts, placed via telephone, mail-order, and the Web. There were a few tense moments when the system - comprising a mix of homegrown and packaged applications from a variety of vendors, and knit together with middleware - occasionally ‘paused’ when its capacity was strained. Fortunately, his team - veterans of past Valentine’s Day ‘peak experiences’ - helped patch things together and ensured that nearly all orders were processed and delivered on time. Recognizing that customer retention was an important goal, Stetzel was relieved that most customers were happy with the service they received during the Valentine’s rush. Stetzel had been hired in November 2009 - just in time for a Christmas rush which included several tense moments as the systems struggled to handle a surge in orders. He hoped that before winter 2011 rolled around, his team could tame the complicated middleware and make progress toward an efficient, well-organized enterprise IT architecture that could serve as a robust platform for the company’s changing business requirements and support their...
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