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Business Law Unit III: Wrench LLC v. Taco Bell Corporation

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  • Post Date 2018-11-06T11:54:44+00:00
  • Post Category Essays

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Business Law Unit III: Wrench LLC v. Taco Bell Corporation

Business Law Unit III: Wrench LLC v. Taco Bell Corporation

INSTRUCTIONS:

Briefing Paper



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

Instructions:

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

Instructions:

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

Instructions:

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

Instructions:

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.

CONTENT:

Business Law Unit III Name Course Instructor Date 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 Chi

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