Beauty Media Inc (BMI) publishes several magazines, including eGaming Review. Kristine Fish owns a company called DXD
Question:
Beauty Media Inc (BMI) publishes several magazines, including eGaming Review. Kristine Fish owns a company called DXD Gaming Inc. Like most magazines, eGaming Review generates much of its revenue from advertisements. Kristine decided that DXD would benefit from buying advertising space in eGaming Review. She contacted BMI, the parties agreed upon the wording of the advertisement, Kristine paid 10% of the price, and the ad appeared in the next issue. BMI then sent an invoice to Kristine personally. She refuses to pay because she insists that the contract was created between BMI and DXD-not between BMI and herself. It is clear that she had that intention from the outset. And, as she points out, the ad was purchased for the purpose of attracting customers to CWC. BMI, however, is desperate to avoid a contract with DXD because that company has gone bankrupt. Unless it had a contract with Kristine personally, it has little hope of being paid. In support of that position, it emphasizes that Kristine signed the contract in her own name, and paid the 10% deposit with her personal credit card, rather than a company credit card. With whom did BMI have a contract? What factors lead you to that conclusion?
Step by Step Answer:
Managing the Law The Legal Aspects of Doing Business
ISBN: 978-0133847154
5th edition
Authors: Mitchell McInnes, Ian R. Kerr, J. Anthony VanDuzer