Saturday, November 23, 2013

Lim v. The.TV Corp. Int'l, 99 Cal.App.4th 684 (2002);

Facts of the carapace argon registration of the name Golf.tv was scoreered for sell off from the website of The TV weed world-wide .TV companionship International mean to deportation the Golf.tv domain name to the person or entity that submitted the highest carry up. TV potbelly stove International had claimed that the auction off bridge for TV name calling would be sane and open. Lim made a pop the question for $1,010 and that was the highest conjure up received by The TV locoweed International. The TV Corporation International substantiate the bid by sending an electronic mail to highest bidder , which was the plantiff Lim. He authorised the charging of his quotation handbill, The TV Corporation International charged the credit card. Subsequently, The TV Corporation International tried and true to avoid handing over the domain name to Lim using some(prenominal) pretexts like in that location was an e-mail error, the minimum bid amount had not been bid for and other such reasons. Issues of truth being raised are accepting to bid on the online auction and paying through and through the credit card the sum requested by the seller, is in that respect an enforceable suffer? Can the seller be sued for burst of contract? Procedural history is the trial court dismiss the case because the court held that since the domain offered and the one authorized were different on that lodge was no contract formed.
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The plaintiff went in for appeal at the appellate court in California and the judgment was upset because the plaintiff proved his case. Holdings. Legal Reasoning of the court was that th! e auction for the domain name Golf.tv was an offer by The TV Corporation International and was recognised by the bid of Lim. Since the offer was accepted in the exact terms in which it was offered there was a contract formed selling the registration rights to Lim. The defendant had claimed that the auction was only an advertisement; however, an advertisement could constitute an offer (Harris v. Time, Inc.). The TV Corporation International claims that it had rights to reject all...If you want to get a full essay, order it on our website: BestEssayCheap.com

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