Implied in Fact Contract Case Problem
LAW001 Business Law 1
Week 1 Assignment
Implied in Fact Contract Case Problem
This assignment was locked Sep 26, 2016 at 11:59pm.
Case Problems (Links to an external site.)
Law 1 – Business Law – Contracts
Case Problems
Chapter 11 – Implied Contract. – (Chapter 11 Outline (Links to an external site.))
A. Read the case Wrench v. Taco Bell (Links to an external site.).
B. Read this article (Links to an external site.) to better understand the above fairly difficult case.
C. Answer the following questions. Check your grammar and spelling.
1. Define an implied in fact contract.
2. When does a copyright right claim not preempt state law?
3. Explain the following statement: “The gist of appellants’ state law implied-in-fact contract claim is breach of an actual promise to pay for appellants’ creative work. It is not the use of the work alone but the failure to pay for it that violates the contract and gives rise to the right to recover damages.”
4. Who won the case? Your response should provide the legal reasoning and application to the facts.
5. Explain the following statement: Wrench’s ideas were not novel because they “merely combined themes and executions that had been used many times in a variety of commercials for different products.”
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