Contracts

In an invention, it is normally very crucial for a developed thought to obtain protection from infringement.  An invention can be described as a fresh and a useful thought that is objected at improving conditions (O'Sullivan & Hilliard, 2012). A contract can be defined as a deliberate, voluntary and a binding agreement that is legal amid two or even more parties.  The agreement must have the capability of generating legal enforcement obligations by law which may verbal or written.  In order for a contract to occur, there must be a promise amid the parties for benefits that are valuable based on different considerations.  Most of the business dealings today are closed with contract laws and this makes it an important sector since it encompasses different scenarios as well as complexities (O'Sullivan & Hilliard, 2012).  In the present case amid the agreement made by Johnny and Michael, there is no any kind of contract that occurred. An Act which is known as the defend trade secret was passed by the congress in 2016 as a way of protecting the general rights of investors.

There is no contract amid Johnny and Michael since Michael only shared his idea as well as the context concepts without making any agreement based on the idea.  Johnny only agreed to the fact that the idea was useful without any promises occurring amid. Michael holds the legal rights to the idea since he is the inventor in the case.  He came up with the thought as well as all the involved concepts without consulting Johnny.  Johnny was only involved because he agreed that the concept would be of use after hearing his friend’s ideas. Johnny, therefore, did not make any contribution in regard to building or adding more to the development of the idea. Moreover, a contract must be guided by different laws or regulations of agreement (O'Sullivan & Hilliard, 2012). They only discussed Michael’s idea without making any policies since the idea only belonged to a single party. This scenario, therefore, shows that they were only sharing thoughts and not getting involved in any agreement.

An infringement of a properties intellectual is the violation of property rights which may include patents, trademarks as well as copyrights (Bouchoux, 2009). Patent permission can be provided in form of giving license which varies in reference to jurisdiction but normally involves selling and buying of the invention of the patent (Bouchoux, 2009). An infringement refers to the actions whereby the terms as well as the laws or regulations that governments and agreement are broken.  These actions are objected at limiting the ability of a single party by dominating the superiority of a certain matter.  In the case, there was no violation of intellectual property.  The idea from the beginning was developed by Michael and he was only sharing the essential concepts with his friend to establish validity as well as the accuracy of the thought. Johnny, on the other hand, did not make any contribution and neither did he demonstrate any form of interest in the idea through developing it.

Not all agreements can be considered to be legal contracts.  In order for an agreement to be classified as a contract, several considerations must be made in order to determine its validity. The necessities vary but in the case of an agreement that is considered a contract a single party may raise an idea which is accepted by the other in form of an offer (Bouchoux, 2009).  In addition, the presence of exchange promises should be bargained thoroughly which implies that there must be a valuable thing that is offered in exchange for the created promise.  Contract terms are normally required to be definite for the validity to be passed.  From this fact it is clear that the case has no contract.  Michael’s idea was not an offer to Johnny since it was a debate or sharing of his invention.  Johnny agreed on with the idea but not as an offer since he only saw it as great without any consideration of beneficial value from the agreement. Their agreement did not contain any definite terms that are required for a contract to be existing.

In some instances, the validity of a contract may be denied by the court if the ability of the person making the contract can be doubted.  If a person is mentally unfit or underage the court does not consider the occurrence to be valued (McKendrick, 2014). In addition, if a contract occurs under the influence of substances, the contract may not be enforced.  However, this differs from when one party took advantage of the other by dragging them to influence their decisions (McKendrick, 2014).  In the case scenario above Michael and Johnny were having drinks when they discussed the idea. Michael did not take advantage of his friend by discussing the idea in the setting.  Under this condition, their agreement cannot be considered as a contract since they were under alcohol influence.

 

 

 

 

            References

Bouchoux, D. E. (2009). Intellectual property for paralegals: The law of trademarks, copyrights, patents, and trade secrets. Clifton Park, NY: Delmar Cenage Learning.

McKendrick, E. (2014). Contract law: Text, cases, and materials. Oxford University Press.

O'Sullivan, J., & Hilliard, J. (2012). The law of contract. Oxford: Oxford University Press.