1-“A offers B to sell 1000 organic eggs for $350. B, accepts this offer. The delivery
should take place on August 9, 2012. On the 5th of August, A dies on a car accident.”
Is there a valid contract (offer)? Discuss.
2- “John wants to enter into advertisement business. He has no idea about types of
business organisations. But one thing he knows for sure: He does not want any
partners?” Which business type/types can/cannot he choose? Discuss.
3-Which of the intellectual property rights fall under distinctive signs? Explain briefly.
Is there a valid contract (offer)?
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- Virendra
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Is there a valid contract (offer)?
Point wise mentioned as below:
1. The general rule is that upon the death of a party, contractual liabilities pass to that person's personal representatives. This does not apply if the contract is for personal services which require the exercise of personal skill and judgment. Basis that the contract is still Valid. (...assuming an absence of any specific clause in relation to the death of a party in the contract.)
2. Properietorship!!!!depending upon what he intends by "not having a partner". Here assumption is that he wants to a sole decision/profit maker.
3.Trademarks - which distinguish the goods or services of one undertaking from those of other undertakings
Geographical indications - which identify a good as originating in a place where a given characteristic of the good is essentially attributable to its geographical origin.
The protection of such distinctive signs aims to stimulate and ensure fair competition and to protect consumers, by enabling them to make informed choices between various goods and services. The protection may last indefinitely, provided the sign in question continues to be distinctive.
Other comments appreciated..
Virendra Singh
1. The general rule is that upon the death of a party, contractual liabilities pass to that person's personal representatives. This does not apply if the contract is for personal services which require the exercise of personal skill and judgment. Basis that the contract is still Valid. (...assuming an absence of any specific clause in relation to the death of a party in the contract.)
2. Properietorship!!!!depending upon what he intends by "not having a partner". Here assumption is that he wants to a sole decision/profit maker.
3.Trademarks - which distinguish the goods or services of one undertaking from those of other undertakings
Geographical indications - which identify a good as originating in a place where a given characteristic of the good is essentially attributable to its geographical origin.
The protection of such distinctive signs aims to stimulate and ensure fair competition and to protect consumers, by enabling them to make informed choices between various goods and services. The protection may last indefinitely, provided the sign in question continues to be distinctive.
Other comments appreciated..
Virendra Singh
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first case
Virenda thanks for your comment. I did not know about transfer of contractual liabilities