BUS311_chapter_05

Holding the judgment of the circuit court is affirmed

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Unformatted text preview: he parties had the actual intent to contract or were still engaged in preliminary negotiations. But because the trial court had ruled for Mattel as a matter of law, dismissing the case in part because any such contract would (continued) rog80328_05_c05_089-110.indd 106 10/26/12 5:37 PM CHAPTER 5 Section 5.6 Chapter Summary Case Study: Lamle v. Mattel, Inc. (continued) have to be in writing, the appeals court examined whether the fax could satisfy California’s statute of frauds. It noted that whether or not the terms in the e-mail constituted all the material terms was likewise a question of fact for trial. However, whether the e-mail met the signature requirement was a question of law. The party to be charged was Mattel, and the June 26 e-mail was written by Bucher, an employee of Mattel, and his name appeared at the end of the e-mail, which concludes with “Best regards Mike Bucher.” Mattel did not dispute that Bucher had the authority to represent the company. The California Supreme Court had not decided whether electroni...
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This test prep was uploaded on 04/09/2014 for the course BUS 311 taught by Professor Parker during the Spring '10 term at Ashford University.

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