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 it would have to change the terms of the 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 say the letter’s content was 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 curtail any indulgence of an external company to partner with us in business without a legal and formal agreement for effective partnership.
I could have also changed the fact that FFA trading policies allow 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, it would have argued that the informal agreement never stated the conditions of trade other than the use of the license trademark with respect to royalty, which had a 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 the complainant against the defendant (Justia, 1975). The rules should never be changed, but rather, trading organizations and companies adhere to the existing trade policies and formalize 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/