Business Law Case Study Example | Topics and Well Written Essays - 750 words - 3

Business Law - Case Study Example Terms in the competition also granted Nutritional Sciences ownership and usage of contestants’ photographs in its promotions. Englert entered the promotion’s contest and was later informed, in June 2002, of her award as runners up. She was to mail back some paper work within 48 hours in order to claim her award. However, the offered award was cash of $ 250 and the organization’s products worth similar amount, while the original offer identified a cash price of $ 1500 and the organization’s products worth $ 500. Englert did not reply and in July 2005 sued the company for â€Å"breach of contract, fraud, unauthorized use of likeness, invasion of privacy, and violation of the Ohio Consumer Sales Practices Act† (The Supreme Court of Ohio 3). Both parties argued for summary judgment and the County Court ruled in favor of Nutritional Science. Englert appealed citing error in law in the County Court’s holding that appellees are not liable for breach of contract, unauthorized use of likeness and invasion of privacy, fraud, and violation of the state act. Englert also cited error in the previous holding that the company reserved the right to change terms, and was not liable damages. In ruling against appellant on error over breach of contract, change of terms of contract and award of damages for breach of contract, the appeal court argued that even though a contract existed from offer and acceptance, explicit terms of the contract were supreme. Nutritional Sciences based on a clause in the contract reserved rights over cancellation of the contract, and modification of terms of the competition. Consequently, there was no breach of contract in the offered reward, and changes were legal, and no liability for breach of contract. In addition, the appeal court held that fraud claims could not be held on promises or statements for future actions. Englert