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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 there were a change in management, but at the end of the day the contract was not signed. I do not think either party would have a defense because the contract was not signed.

6. Assuming, arguendo, that this e-mail does constitute an agreement, what consideration supports this agreement? I think if the e-mail is relevant, then an agreement was reached and BTT would have to honor the

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