implied-contract-sample-answer

Bus Law I

• Chp. 11 - Case Problem
  
  Answer to the Case problem would look like the following (Paraphrase in your own words, do not just copy and paste from the case
   
• an implied in fact contract is (define) _________
   
• an implied in law contract is (define) _________
   
• Copyright Act preempts state law claims - why? _________
   
• When does Copyright law NOT preempt state claim? _________
   
• breach of an actual promise to pay for appellants' creative work. It is not the use of the work alone but the failure to pay for it that violates the contract and gives rise to the right to recover damages.  explain  _________
   
• Here, appellants' implied-in-fact contract claim contains the essential element of expectation of compensation which is an element not envisioned by § 106 - explain  _________
   
• that Taco Bell may rebut a prima facie case of improper use of appellants' ideas by showing that the ideas were independently created - explain   _________
   
• Wrench  ideas were not novel because they "merely combined themes and executions that had been used many times in a variety of commercials -  for different products."  - explain  _________
   
• Taco Bell  does not claim that it was aware of the idea before plaintiffs disclosed it but, rather, concedes that the idea came from them. When a seller's claim arises from a contract to use an idea entered into after the disclosure of the idea, the question is not whether the buyer misappropriated property from the seller, but whether the idea had value to the buyer and thus constitutes valid consideration. In such a case, the buyer knows what he or she is buying and has agreed that the idea has value, and the Court will not ordinarily go behind that determination. The lack of novelty, in and of itself, does not demonstrate a lack of value - explain  _________
   
• Who won the Case, and why?  - explain _______________