1. Basis Technology Corp. v. Amazon.com, Inc. a. Suppose that the attorneys for both sides had simply had a phone conversation that included all of the terms they actually agreed on in their e-mail exchanges. Would the court have ruled differently? Why or why not? i. More than likely not. As stated by the court, “the motion and opposition presented the issues whether the e-mail terms were sufficiently complete and definite to form an agreement and whether Amazon had intent to be bound by them.” (Basis Technology Corp V. Amazon.com, Inc.) So, there was no issue with the agreement’s form, there was only a question of intent. The only reason the terms were objected to was because “it concluded a trial.” (Basis Technology Corp V. Amazon.com, Inc.) Since terms expressed orally can be as binding as ones …show more content…
Since the Court found that Jacob & Youngs had substantially preformed the contract, and that the cost to remedy to damages unreasonable, Kent is entitled to be compensated the difference in value between the reading manufacture pipe specified in the contract and the pipe that was actually installed. 3. Person v. Bowman a. What did the contract between Herring and the Bowmans require Herring to do? What is the significance of these provisions? i. The contract stipulated that Herring must make a down payment, make timely payments, pay a boarding fee, not remove the horse without permission, be responsible for all incidental costs associated with the horse and give up on the contract if the payments were defaulted on. Additionally, registration papers were not to be released until Herring paid in full. These provisions gave the Bowmans the ability to recover the horse in case of default on the payments. Thus providing a security interest for the seller until there was no risk of loss. Even though Herring was not in full possession of the horse, the provisions established that Herring owned the horse. b. On the issue of liability, in whose favor did the court rule?
No, the court granted a petition for review, vacated the order of the FCC, and remanded the case for further proceedings consistent with this opinion. The case will be brought to a new trial and the first ruling will be reversed. The case will be compared to prior cases and a ruling made that reflects those of similar cases in order to determine if the policy was well reasoned.
The planned settlement is a concession reflecting the reality that ending the hearing would expose Microsoft to an undefined result and would put the government case at risk. The government dropped numerous basics of the conduct remedies that they had accomplished in the original hearing and the ...
Amazon has Corporate Governance, which includes a Code of Business Conduct and Ethics. This code addresses twelve different aspects of their business including, compliance with laws, rules, and regulations, conflicts of interest, insider trading policy, discrimination and harassment, health and safety, price fixing, bribery, recordkeeping, and financial integrity, questions, periodic certification, board of directors, and waivers. Basic guiding principles of how their employees should conduct business in reference to these aspects are included in the descriptions. While these guidelines are kept quite brief, extra emphasis is placed on Conflicts of Interest. A heightened sense of concern is placed on whether employees use their personal benefits on family members or affiliates and if position in the company or relationships with outside affiliates interferes with employee’s objective business judgment. A common theme found throughout this code is an emphasis on cautionary business, including many laws that employees are expected to comply with to ensure that they do not interfere...
The large cattle ranches had started to implement many rules which restricted the freedom of the cowboys. Rules such as no drinking, no gambling, no abuse of horses were accepted with little argument. However, there were rules which many of the cowboys objected to. Rules that “forbade the use of a company horse on any private business”(p. 36), or “forbade the keeping of
On September 19, 1865 a land cession treaty was signed at Canville Trading Post. The Great and Little Osage Indians had enough land to do what they needed to for their occupation, but had no money to live on because previous funds from other treaties had ended. The Osage ceded 871,791.11 aces and the total amount for the sale of the land was $776,931.58.7 The Osage tribe was compensated for the cession and sale of the land by the United States. The US “agreed to pay the sum of three hundred thousand dollars, which sum shall be placed to the credit of said tribe of Indians in the Treasury of the United States, and interest thereon at the rate of five per centum per annum shall be paid to said tribes semi-annually, in money, clothing, provisions, or such articles of utility as the Secretary of the Interior may, from time to time,
If a court is free to ignore a contract provision, such as a noncompete agreement, doesn’t that render the contract
Scenario: Customers rave about the vast selection, fast shipping, and customer review option for each and every product on the Amazon.com website. The Fortune 500 e-commerce website, headquartered in Seattle, Washington, is the largest internet-based retailer in the United States. Customers are well informed about their purchase with customer reviews and Amazon has competitive prices. Amazon is one of the most successful businesses of our era and most valuable retailer of the country (Kantor & Streitfield, 2015). Amazon Prime members, a program with a yearly membership charge, receive special perks such as free shipping, unlimited streaming of television shows and movies, music streaming, downloads of free books, and many other deals and discounts
From the consumer side, Amazon provides services like Amazon Prime, which delivers free two-day shipping on retail purchases, on-demand video streaming and a free access to the Kindle library, everything for an annual
Amazon has been able to maintain sustainable competitive advantage based on three operational strategies. These are low cost-leadership, customer differentiation and focus strategies. Low cost-leadership is pursued by Amazon by differentiating itself primarily on the basis of price. By offering low prices to customers Amazon ensures its future success. Partially modifying the costs of lowering prices over time through achieving higher sales volumes, negotiating better terms with suppliers, and achieving better operating efficiencies. Amazon makes sure that it offers the same quality products as other companies at a considerably cheaper price. Another strategy that Amazon has is its fast delivery service and there are many delivery services that one can choose from. With Amazon Prime, there are certain, but many products that have free two-day shipping. Also, with Amazon Prime, there are many offers specifically for people that have Amazon Prime. For example,
This is still an improvement on the former practice of a letter of obligation. A letter of obligation is a guarantee by the sell...
According to Felthouse v Bindley (1863), an offeror cannot dictate that offer shall be deemed to be accepted unless the offeree rejects or accepts it. The only exception to the rule that acceptance must be communicated is in the case of Adams v Lindsell (1818), indicating that if a letter is stamped, addressed and posted, acceptance is complete due to posting a letter being a reasonable method of
.... Amazon uses the internet to allow customers to make content searches, for instance inside books. In addition it has used e-commerce to enable customers to buy online access to certain books through its upgrade program (Webanalyticsbook.com, 2007).
Eule, A. (2013). It’s time for Amazon to open its black box. Barron’s, 93(42), 37.
A monopoly is the control or possession in the supply or trade of a commodity or service. Monopolists tend to keep prices high and restrict outputs showing little or no responsiveness to the needs of their customers. Because of this, most governments tend to control monopolies to keep them in check. However, most governments tend to create monopolies for national security, for competing economically internationally, or where most producers would be wasteful or pointless. While monopolies exist in varying degrees, no firm has total monopoly in this era of globalization.
Amazon’s coopetition-based business model is based upon collaboration and with collaboration there is a certain level of inherent negotiation required. “A collaborative strategy is one in which both parties consider the relationship and the outcome to be equally important” (Saunders et al., 2013, p. 22). As described earlier, this collaborative approach has only strengthened Amazon. They believe they can win by letting their competitors win also. Not only this, Amazon is also adding value to the organization with this logic. “As customer value is increased when there are a variety of competing offerings in a similar domain (Wang & Xie,