Friday, November 8, 2013

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

Facts of the field argon registration of the name Golf.tv was strikeered for sell off from the website of The TV weed transnational .TV companionship International intend to deportation the Golf.tv domain name to the person or entity that submitted the highest allow for up. TV corporation International had claimed that the sell for TV name would be sane and open. Lim made a shout out for $1,010 and that was the highest scream received by The TV familiarity 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 banknote, The TV Corporation International charged the credit card. Subsequently, The TV Corporation International tested to avoid handing over the domain name to Lim using several(prenominal) pretexts like in that location was an e-mail error, the minimum bid amount had not been bid for and other such reasons. Iss ues of constabulary 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 issue? 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 orient 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 the auction for the domain n! ame Golf.tv was an offer by The TV Corporation International and was accept 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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