I’m trying to learn for my Business class and I’m stuck. Can you help?
Respond with 250 words
Lesson 9: Nike recently sued Wal-Mart stores for selling a shoe that Nike claims infringes on its patents. The shoe sold by Wal-Mart uses technology similar to Nike’s Shox technology. Look at Nike’s complaint here.
Do you think that Nike has a good claim? What should Wal-Mart’s defense be? Will their defense be successful or is Nike likely to prevail on their claim? Explain.
Respond with 250 words
Lesson 10;
An auto retailer started a marketing promotion on a new hybrid model sedan. It advertised that anyone who purchased the car in 2013 and did not get at least 50 miles per gallon average gas mileage during the first 60 days would receive a payment of $10,000 cash from the company. Record-keeping and inspection procedures were required to assure accurate reporting by the vehicle owner. The promotion was widely publicized. A female customer purchased a hybrid model during the promotion period, followed all the rules, and recorded only 42 mpg in the first 60 days. She demanded the rebate but the company stalled for months and then stopped responding to her inquiries. Does she have a contractual right to collect the $10,000? Consider the following two lines of thought and provide your opinion.
- Yes, this was a unilateral contract in which the offeree acted upon the offer by performing the terms of the offer, thus creating a binding contract.
- No, this was merely puffing, was not an offer to contract with any particular person and was without consideration.
