Determine whether the liquidated damages clause is valid

Assignment Help Marketing Management
Reference no: EM131394052

Assignment

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.

Cite any direct quotes or paraphrased material from outside sources. Use APA format.

Reference no: EM131394052

Questions Cloud

What is the portfolio’s expected return : Rebecca invested $9,000 in a stock that has an expected return equal to 18 percent and $21,000 in a stock with an 8 percent expected return. What is the portfolio's expected return?
What is bbb''s economic value added (eva) for current year : BBB's marginal tax rate is 40 percent, its interest expense for the year was $1.5 million, it has $8 million of invested capital, and its average cost of funds was 10 percent. What is BBB's economic value added (EVA) for the current year?
Identify the main issues with copyright and trademark : explain the reasons why this decision was made. Identify the main issues with copyright and trademark in the article, and explain how these issues were either upheld or overturned.
The following is true concerning dual relationships : According to professional codes of ethics, sexual relationships between client and counselor are considered to be ethical under which of the following circumstances?Bonnie became sexually involved with her therapist soon after therapy began. This ..
Determine whether the liquidated damages clause is valid : One day, Gump gets into an argument with the developer. How would the court determine whether the liquidated damages clause is valid? Is this clause valid? Explain your answers.
What was rjs’s economic value added (eva) this year : RJS generated $65,000 net income this year. The firm's financial statements also show that its interest expense was $40,000, its marginal tax rate was 35 percent, and its invested capital was $800,000. If its average cost of funds is 12 percent, w..
What should be its stock price under normal circumstances : Georgetown Motorcars' (GM) common stock normally sells for 19 times its earnings; that is, its P/E ratio equals 19. If GM's earnings per share are $3.70, what should be its stock price under normal circumstances?
How most employees are likely to react to the change : Suggest how most employees are likely to react to the change. Indicate one way in which you would minimize the impact of this reaction to the change management process. Provide support for your suggestion.
What is the current value of the company’s stock : If investors require a 20 percent return to purchase Sparkle's stock, what is the current value of the company's stock?

Reviews

Write a Review

Marketing Management Questions & Answers

  Key elements involved in developing an advertising campaign

discuss the key elements involved in developing an advertising campaign, describe some of the different media options that could be utilized in an advertising campaign

  Indiarsquos tata manufactures a car called nano check via

indiarsquos tata manufactures a car called nano check via google. tata wants to know if there is a market for the car

  Henry has two people who can check cars out for a rental

directions carefully read through the following case study and answer all of the case study questions. include

  What type of qualitative research would you do

What type of qualitative research would you do and why on Doritos? Can someone answer this for me in a 100 words?

  Should a social network own our social data

Should a social network own our social data? Is it an invasion of privacy for social networks to collect and use the information we leave as we deposit digital footprints in a site and around the Web?

  What is the epistemological position held by a positivist

What is the epistemological position held by a positivist? Which of the following is an ontological question?

  Consumer products and business products

Define consumer products (B2C) and business products (B2B). Explain the different types of consumer products. Give an example of each from your recent purchasing activities.

  Diagnostic function for marketers

Ad pretesting is an important diagnostic function for marketers. Pretesting is done prior to putting the ad into media and after it is printed or broadcast, this helps the marketer to determine if the advertisement is communicating its message eff..

  Why should commenting on videos be encouraged

Why should commenting on videos be encouraged? What sort of personalisation would self-hosting of a video allow? How do you feel social media affects video marketing?

  Discuss which freedom guaranteed to you in the first

write an essay of 750-1000 words in which you reflect on the rights and freedoms guaranteed to you as an american

  What information does each of the external entities put

use microsoft word or the drawing application of your choice to create a context diagram for a hypothetical system

  Write up on the effectiveness of each given ad

Write up on the effectiveness of each ad (graded for critical effect as well as writing mechanics) Effectiveness of re-designed ad and written rationale supporting the redesign.

Free Assignment Quote

Assured A++ Grade

Get guaranteed satisfaction & time on delivery in every assignment order you paid with us! We ensure premium quality solution document along with free turntin report!

All rights reserved! Copyrights ©2019-2020 ExpertsMind IT Educational Pvt Ltd