Trading Conflicts and Lawsuits.
Students Name:
Professors Name:
Date.
- If you were the defendant in the case, how would you have changed the facts in order to escape liability?
I was the defendant in the case in would have change the terms of informal agreement since they were not documented. Since the only evidence document that was available on the said trademark informal agreement was the letter from pro Golf I would said the content of the letter were not part of our trading conditions and agreement whatsoever (Justia, 1975). Secondly I would change the facts by referring to our company’s trading policies that curtails any indulgent of external company to partner with us in business without legal and formal agreement for effective partnership.
I could have also changed the facts that FFA trading polices allows multiple sublicensing of other companies for effective trade and business productivity to be achieved and there it was rightful to engage Teito (Justia, 1975). Besides that, in would have argued that the informal agreement never stated the conditions of trade other than use of the license trademark in with respect to royalty which had legal working framework.
- what is the underlying public policy for the rule of law in the case? do you agree with the policy? Should be the policy be changed to conform to today’s norms and mores?
In my view the underlying public policy for the rule of law in the case is trading policy. I agree with the policy more so based on this case since the trading policy for the said case acts from the facts presented by complainant against the defendant (Justia, 1975). The rules should never be changed but rather trading organizations and companies adhere to the existing trade policies as well as formalizing any agreement and develop their terms and conditions however trivial it may seem to avoid such disputes.
References
Justia. (1975, December 23). First Flight Associates, Inc. and Robert G. Wynn,plaintiffs-appellants, Cross-appellees, v. Professional Golf Company, Inc. and John M. Tucker,defendants-appellees, Cross-appellants, 527 F.2d 931 (6th Cir. 1975) :: Justia. Retrieved from https://law.justia.com/cases/federal/appellate-courts/F2/527/931/309617/