Verified Document

Appellate Case In Which A Term Paper

It would be like selling a car for ten bucks one year and then demanding and getting a new agreement the next year for the same car even though ownership has already been transferred. The agreement in 1991, in the opinion of the author of this paper, was basically window dressing for what had already occurred the year prior. As such, it is not enforceable. Final Opinion

It surely seems the three appellants were trying to rewrite the outcome of the invention, the patent and the ensuing agreements after the fact. They would have had a compelling case had they claimed a breach much closer to 1991 than they did and it would be even better if they were not signatories to the letter from 1990 for the investors. Had they not signed that 1990 letter, it stands to reason the 1991 agreement of transfer would have been the real transfer of ownership and therefore would be the one to enforce.

Conclusion

The appellants really should have thought out what they...

Sure, there was a lot more than that at stake including rights to the product and what-not, but it is clear that the appellants were trying to use the law mechanisms of contract law to exercise bad faith to the agreement they legitimately signed off on.
References

FindACase. (2001, September 27). FindACase ™ | Bennett v. American Electric Power

Service Corp.. FindACase™. Retrieved September 24, 2012, from http://oh.findacase.com/research/wfrmDocViewer.aspx/xq/fac.20010927_000556

4.OH.htm/qx

Nolo. (2012, September 24). Non-compete Agreements: How to Create an Agreement

You Can Enforce | Nolo.com. Lawyers, Legal Forms, Law Books & Software,

Free Legal Information - Nolo.com. Retrieved September 24, 2012, from http://www.nolo.com/legal-encyclopedia/noncompete-agreements-how-create-agreement-29784.html

Sources used in this document:
References

FindACase. (2001, September 27). FindACase ™ | Bennett v. American Electric Power

Service Corp.. FindACase™. Retrieved September 24, 2012, from http://oh.findacase.com/research/wfrmDocViewer.aspx/xq/fac.20010927_000556

4.OH.htm/qx

Nolo. (2012, September 24). Non-compete Agreements: How to Create an Agreement
Free Legal Information - Nolo.com. Retrieved September 24, 2012, from http://www.nolo.com/legal-encyclopedia/noncompete-agreements-how-create-agreement-29784.html
Cite this Document:
Copy Bibliography Citation

Related Documents

Process of Appellate System
Words: 1627 Length: 5 Document Type: Term Paper

Appellate process is integral to the American judicial system and is a constitutionally protected right. Individual, or corporations for that matter, have the right to appeal a trial on the grounds that the decision was made erroneously or without proper attention paid to evidence or judicial procedure. Basically, the appellate process refers to the specific procedures and practices by which the appellate system in particular works. The appellate courts are

Appellate Opinion in the Case
Words: 3783 Length: 12 Document Type: Research Paper

7). This point brings up one of the larger issues suggested by the opinion (which will be discussed in greater detail later), namely, the fact that the conflict between the law's position on jurisdiction and this kind of estoppel is "yet another case where the government has 'taken entirely irreconcilable positions regarding the jurisdiction of the federal courts," leading to increased litigation and cost (Lettow, 2012, p. 7). Thus,

Case Brief of Giles V Commonwealth
Words: 687 Length: 2 Document Type: Case Study

4Giles v. CommonwealthCite as 672 S.E. 2d 879 (Va. 2009)Facts of CaseDefendant, Christopher Lee Giles, took part in breaking and entering a house on September 28, 2005, in the City of Martinsville. The house belonged to Oscar Thornton, which was an inheritance from his deceased mother three months before. While Mr. Thornton has his primary home in Maryland, he treated the house he inherited from his mother as a vacation

Case Brief: Delinquent Minor
Words: 960 Length: 3 Document Type: Term Paper

Gault Caption: In re Gault et al., 387 U.S. 1; 87 S. Ct. 1428; 18 L. Ed. 2D 527; 1967 U.S. LEXIS 1478; 40 Ohio Op. 2D 378. Facts: After allegedly making obscene phone calls to a neighbor, the appellants' son, a fifteen-year-old boy, was taken into custody by the Gila County sheriff. The detention occurred without notice to the parents. The boy was questioned without being advised of his right

Case Brief for U.S. V. Arvizu, 534 U.S. 266 2001
Words: 977 Length: 3 Document Type: Research Paper

Reasonable Suspicion and 4th Amendment Law in U.S. v. Arvizu, 534 U.S. 266 (2001) Title and Citation: U.S. v. Arvizu, 534 U.S. 266 (2001) Type of Action: Review by the U.S. Supreme Court of a ruling made by the U.S. Court of Appeals for the Ninth Circuit, which held that evidence should be suppressed as a result of a violation of the Fourth Amendment right to privacy and protection from unwarranted and

Case Analysis of US V. O'Hagan
Words: 477 Length: 2 Document Type: Term Paper

U.S. v. O'Hagan case Facts In the U.S. v. O'Hagan case, the defendant, James Herman O'Hagan, was a partner in a major Minneapolis firm, and was involved in a corporate acquisition as a representative of the acquiring corporation (Corley, et al., 2002). D allegedly used insider information to purchase stock before the details of the acquisition were made public. History discovered in 1988 that Grand Met PLC, one of his clients, planned to

Sign Up for Unlimited Study Help

Our semester plans gives you unlimited, unrestricted access to our entire library of resources —writing tools, guides, example essays, tutorials, class notes, and more.

Get Started Now