Reference no: EM131445889
Case Analysis
Determine whether certain contract remedies exist in the following scenario:
Forrest Gump is a famous table tennis player. He enters into a contract with Alabama Sports Marketing to advertise the latest ping pong game and to serve as the computer-generated imagery (CGI) model for the development of the video game. Gump is perfect for this job as there are not many world famous ping pong players who have a following similar to his.
The game is set to start development on March 1 and will be completed on July 31, so the game can be released at Thanksgiving-a major video game release period. Both parties have agreed and stipulated to the fact that the game must be completed on time to maximize the profits.
Gump will make 20% of the net proceeds from the sales of the game. In addition, the contract has a liquidated damages clause that indicates that if Gump does not participate in the marketing, does not serve as the CGI model, or breaches the contract in any way, he will owe Alabama Sports Marketing $2 million.
Based on this fact pattern and the information presented in this unit, answer the following questions in a minimum of 250 words each.
1. One day, Gump gets into an argument with the developer. Gump refuses to perform any work until the problem is solved. In this situation, can Alabama Sports Marketing seek specific performance of the contract? If yes, why? If no, why not?
2. How would the court determine whether the liquidated damages clause is valid? Is this clause valid? Explain your answers.
What is a strategic plan as it relates to the future goals
: What is a strategic plan as it relates to the future goals and objectives of the organization? Why is it important to have a strategic plan in place for a budgeting process?
|
Purpose of the program-target population or audience
: The purpose of the program, the target population or audience, the benefits of the program, the cost or budget justification, the basis upon which the program or project will be evaluated.
|
How do you plan to create procedures from policies
: What are some methods or practices to rationally and effectively discuss issues and resolve conflict? (What would your plan be to determine if the undesired patient outcomes are related to policy, related to procedure, or related to some other iss..
|
Explain why using h-mac is more secure than mac
: Compare the differences between MAC and H-MAC. Explain why using H-MAC is more secure than MAC? Be prepared to fully support your argument. Give examples of commonly used MACs and H-MACs.
|
Determine whether certain contract remedies exist
: Forrest Gump is a famous table tennis player. He enters into a contract with Alabama Sports Marketing to advertise the latest ping pong game and to serve as the computer-generated imagery (CGI) model for the development of the video game. Gump is ..
|
What is a negative stakeholder
: What is a negative stakeholder? Should a negative stakeholder be part of the project? Why or why not?
|
Find the normalized allocation
: Given the characteristic function v(i) = 0,i = 1, 2, 3, 4 and v(12) = 4, v(13) = 4, v(14) = 3, v(23) = 6, v(24) = 2, v(34) = 2, v(123) = 10, v(124) = 7, (134) = 7, v(234) = 8, v(1234) = 13, find the normalized characteristic function. Given the fair ..
|
Analyze how does data leakage occur in an organization
: How does data leakage occur in an organization? What are the common causes of this problem? How would use address this troublesome trend?
|
Discuss the project closeout process
: How customer final approval will be received. Criteria to be met for the customer to agree that the project is successfully completed.
|