StudentShare
Contact Us
Sign In / Sign Up for FREE
Search
Go to advanced search...
Free

Beneficial Innovations: Google - Essay Example

Cite this document
Summary
This essay "Beneficial Innovations: Google" discusses Uniform Commercial Code and Willard v Taylor 557 (1989). The Uniform Commercial Code is legislation that governs business transactions while Willard v Taylor is a case that concerns a breach of contract…
Download full paper File format: .doc, available for editing
GRAB THE BEST PAPER95.7% of users find it useful
Beneficial Innovations: Google
Read Text Preview

Extract of sample "Beneficial Innovations: Google"

BENEFICIAL INNOVATIONS V GOOGLE The sources of law that are applicable to this case are the Uniform Commercial and Willard v Taylor 557 (1989). The Uniform Commercial Code is a legislation that governs business transactions while Willard v Taylor is a case that concerns breach of contract. The Uniform Commercial Code will be binding in this case because the elements of contract formation are contained in this case. The contract that was breached by Beneficial Innovations was constructed per the provisions of the Uniform Commercial Code and, therefore, the applicable principles in determining whether there was a breach of contract can be found in this code. The Uniform Commercial Code has been promulgated in several US states and this makes its application binding in commercial transaction cases in various States. On the other hand, the case of Willard v Taylor will only be advisory in respect to the case of Beneficial v Google since the facts in the two cases are not identical and thus the outcome in the two will be different. Additionally, the case is not current and it does not reflect all the issues contained in the current case. The rapid shifting dynamics of the contents and requirements of contract law makes the case only advisory1. The ethical issues involved in this legal dispute include trust and inappropriate charges. The initial contract between Google and Beneficial Innovations provided that Beneficial would not bring patent infringement claims against Google or its customers. When Beneficial brought a claim for infringement of patents by Google‘s customers, it breached the agreement it had entered into agreeing not to sue Google or its customers. This breach violated the trust that had been established when the contract was formed. The claim by Beneficial for damages also placed inappropriate charges on Google as the action was against the agreement. Under duty based ethics, the outcome in this case would be to find Beneficial Innovations in breach of contract as allowing them to collect from the patent infringement claims would be harmful to Google. Duty based ethics require that if a party could be injured, then corrective measures should be taken to eliminate the harm. Beneficial‘s actions are harmful and finding them in breach of contract would correct the breach by deterring them from further infringement. On the other hand, under the outcome based ethics an outcome in favor of Google would be suitable. Outcome based ethics provide that the outcome any event should yield the greatest good for the greatest number. Beneficial brought an infringement claim against several Google customers. In respect to this case, finding Beneficial liable for breach of contract would yield a greater good for a greater number2. Due to the breach of contract, Google was affected and allowing it to recover damages from Beneficial for breach of contract would be the most appropriate outcome in the two ethics theories. The outcome in this case was that Beneficial Innovations was in breach of contract when it sought damages from Google‘s customers. In arriving at its decision the court observed that Beneficial went back on the terms of the contract it had entered into with Google. Google had previously entered into a contract with Beneficial where the two parties had reached an agreement which included protection of Google and its customers from any infringement claims by Beneficial. Beneficial‘s actions were in breach of contract and Google was entitled to damages. The court therefore found Beneficial innovations in breach of contract and were required to pay minimal damages of $1 to Google. The outcome in this case will be binding on all similar cases filed in the same court. The outcome will also be binding on all courts below the District court and only be advisory in superior courts. The decision will also be binding in cases with similar facts in lower courts in other states. The outcome is also advisory to other higher courts in other states. The outcome of the court was appropriate in this case as a breach of contract necessitates an award of damages for the injured party. Allowing a party to recover damages for breach of contract puts the injured party at a position they would have been if the breach had not occurred. An award of damages also deters the other party from any further breaches of the contract. In this case awarding Google nominal damages of $1 does not put the party at a position it would have been if the contract was not breached but acts as a deterrent for Beneficial innovations against further breach of the contract. The outcome is also appropriate as it shows the courts willingness to respect the intentions of parties to a contract. Google‘s intend in entering into the contract with Beneficial was to ensure that Beneficial would not bring claims of patent infringement against Google or its customers. The courts acknowledgment of this intention is reflected its decision finding Beneficial in breach of contract and liable for damages3. In my view, I agree with the outcome in the legal dispute between Google and Beneficial Innovations. The courts decision in finding Beneficial in breach of contract is appropriate in this case as it respects the intention of the parties to the contract in question. Allowing Beneficial to go back on its agreement with Google would violate the essence of contracts as this would allow parties to enter into contracts they would not respect. Legitimate contracts between parties should be enforceable in courts and the courts should enforce such contracts in a manner that is consistent with the intention of the parties to the contract. Allowing a party to recover damages for breach of contract ensures that contracts are enforceable and parties who breach a contract must pay damages. The outcome in this case, although, it only awarded nominal damages would act as an effective deterrence for further breaches of the contract. This position reflects on the function of the court in determining cases and rendering its outcome based mainly on the intention of the parties when they entered into the contract. In my view, therefore, the outcome in this legal dispute was correct and no changes are necessary in any legislation regarding the case. Bibliography Ferrell, Odies C., and John Fraedrich. Business ethics: Ethical decision making & cases. Cengage Learning, 2014. Jain, Sankalp. "Importance & Significance of Damages as a Remedy for Breach of Contract." Available at SSRN 2461377 (2014). Karmasek, Jessica. “Google wins $1 jury verdict against patent troll,” Feb 6 2014. Legal news line http://legalnewsline.com/news/247036-google-wins-1-jury-verdict-against-patent-troll. Read More
Cite this document
  • APA
  • MLA
  • CHICAGO
(“Business Law Essay Example | Topics and Well Written Essays - 1000 words - 28”, n.d.)
Business Law Essay Example | Topics and Well Written Essays - 1000 words - 28. Retrieved from https://studentshare.org/law/1662628-business-law
(Business Law Essay Example | Topics and Well Written Essays - 1000 Words - 28)
Business Law Essay Example | Topics and Well Written Essays - 1000 Words - 28. https://studentshare.org/law/1662628-business-law.
“Business Law Essay Example | Topics and Well Written Essays - 1000 Words - 28”, n.d. https://studentshare.org/law/1662628-business-law.
  • Cited: 0 times

CHECK THESE SAMPLES OF Beneficial Innovations: Google

HR google case study

google case study Assignment 1: Chaos management style is one of the most important forms of managing an organisational structure of large size.... google is one of those business houses which are more concerned about applying their own style of chaos management.... This paper tries to evaluate google's chaos management style and its advantages and disadvantages and also tries to judge whether this strategy can be sustainably used in the future....
12 Pages (3000 words) Essay

Contemporary Marketing: Case of Google

google was started with a mission to organise all the information of the world.... google.... Marketing Communication, New Product Development, and Brands and Brand development and aims at discussing how the advances in technology have affected the marketing attempts of google.... For instance the company has developed several applications like Gmail, google Calendar, google Docs and many others which help in better accessibility to data and information....
11 Pages (2750 words) Essay

Leadership and Management Style at Google

This paper is highlights the leadership and management style at google offices.... The purpose of this paper is to investigate leadership and management style at google Company, in order to determine what makes this company unique and one of the best places to work in America.... 5), who state that google's “increasing prominence is a direct result of shared leadership”, which is shared an opportunity with millions of users who click through to access the company's latest applications and resources....
5 Pages (1250 words) Research Paper

The Culture of Google, the Advantages of Teams, Best Boss

From the paper "The Culture of google, the Advantages of Teams, Best Boss" it is clear that the best boss is one that leads and inspires people and not just manages people.... google has now leapt to a gargantuan organization of 20,000 plus employees.... google as a company always strove to be diverse and innovative warding off any tendency to mature knowing all too well that its strength lies in its young and innovative workforce.... To reinforce this culture and climate, google adopted some unorthodox ways to promote an environment and climate that breeds innovation....
8 Pages (2000 words) Assignment

Does google violate the antitrust law

Name: Course: Professor: Date: Does google Violate The Anti-Trust Law?... hellip; google was charged with antitrust and anti-competition statutes as they were thought to arrange their search results in a way that brings their own products and links above others.... Since more than 70% of search on internet is carried out on google and many businesses depend on online advertising, several giant companies feared they will not show up in search results because google tends to advertise its own products and hence is giving an unequal opportunity for competition....
3 Pages (750 words) Essay

Major Issues in the Google Case

Answer#1: The smart phone industry has adapted a big change with introduction of android technology in collaboration with google incorporation and introduce by google in the market in 2008.... With this technology, google forces the user to make extra use of web browsing on their mobile phones.... hellip; The practice will ensure that the users will increase the use of internet on their cell phones that will increase traffic on the web and then that traffic will determined to various google services where google show advertisements....
3 Pages (750 words) Case Study

Google Innovation & Technology

The aim of the paper “google Innovation & Technology” is to analyze google as perhaps the most innovative of all the websites.... hellip; The author states that google doesn't rely on big servers, in fact, they claim to have networked PCs that made their work so fast and innovative, another good thing found in google is that it has used a “Page Rank” technology in their search engine.... 50 percent of the audience is from outside the United States and the company is having 5,680 full-time employees working for the betterment of the company, over the years we have seen so many new services started by google, such as google Earth, G-Mail, G-Talk, google Books, google Cash, google Desktop, google Adwords, google Adsense, and google Maps....
6 Pages (1500 words) Essay

Management a la Google by Gary Hamel

The article titled “Management a la google” by Gary Hamel deals with the management strategy adopted by google.... This strategy outlines a set of management objectives, goals, and guidelines adopted by google, that are geared towards sustaining its tremendous revenue and earnings growth.... hellip; This essay analyzes that the first of google's strategic objectives is its focus on innovation, which ensures that its executives do not get boxed into winsome business models but remain poised to change and innovate....
2 Pages (500 words) Essay
sponsored ads
We use cookies to create the best experience for you. Keep on browsing if you are OK with that, or find out how to manage cookies.
Contact Us