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All business-to-business contracts have now come to be done on standard contract terms. Every company has its General Conditions of Contract on which it would deal with its customers. Business parties negotiate, converge and do business with each other. However, if a dispute arises, both the parties claim that there is a contract between them. And each party also claims that the contract is on its terms. The claim is important, for each party sets terms favourable to itself. This is called the ‘battle of forms’. The Butler Machine Tool Case of the Court of Appeal explores the rules of this battle.

Contracts term of commercial sale of goods have a ‘title retention clause’, preventing the transfer of ownership till the seller is fully paid. The unpaid seller gets the right to repossess the goods from the buyer. Exigencies of businesses have led to introduction of further clauses allowing the buyer to use or sub-sell the goods even before the transfer of ownership. The United Kingdom Court of Appeal judgment in the Caterpillar Case brings out the effects of the contradictions of a title retention clause qualified by the right of the buyer to use or sub-sell.

Using the case, students will learn about the following topics: identification of the right shareholder for a start-up. Need for a tech co-founder for an app-based start-up. Delay in building the right team at the right time. Lack of preparedness; a start-up’s challenges in identifying the business model. What was the real pain point (problem identification)? Did the solution meet market expectations (solution quality)?; consumers’ usual social habits. How do people’s habits hinder a product’s survival in the market? Why do consumers continue to behave the same way they have? Technology-related constraints.

KnoDues was a mobile application (app)-based start-up in the domain of split expenses. The business idea germinated in early 2015 and became a reality toward the end of 2015. In a developing country context, the case provides rich insights into lean vs traditional start-up formation, founders’ knowledge, opportunity identification, product development and investment. India is a growing economy with ever-increasing smartphone users and internet consumers. Despite its deep-rooted rural-urban divide in the usage of modern technologies, India possesses a vast market opportunity in big cities. Rightly so, KnoDues intended to target the urban youth (between 15 and 35 years of age) population. Although KnoDues was not a unique product or the first of its kind, the founders perceived it to be the “first mover” in the Indian market. In its initial days, the product received an overwhelming response from accelerators and business-plan judges. Although KnoDues achieved more than 20,000 downloads by the end of 2016, customer retention and attracting investors became a difficult task. Founders felt that the difficulty was because of people’s “usual social habits,” and inadequate revenue model. Toward the end of 2017, KnoDues’s founders contemplated on ceasing their business.

Undergraduate, postgraduate and executive.

Teaching Notes are available for educators only. Please contact your library to gain login details or email support@emeraldinsight.com to request teaching notes.

CSS 3: Entrepreneurship.

Edward Rowan, 89 year-old patriarch and the Rowan family were trying to decide if they should start a vineyard in the Nova Scotia Annapolis Valley. Edward had a life-long dream of starting a vineyard on this five-acre farm. Edward, his son David and granddaughter Mary along with their respective spouses had agreed to be partners and provide financing to start the vineyard. The time had arrived to make a decision because they had to order the vines by the end of the month. While they have an extended family to provide free labor for planting, pruning and harvesting along with free access to the necessary machinery, they wanted to be sure that they did not lose money on the venture. They recognized the first four to five years would not generate profits, but they wanted to ensure that in the long term the venture would be viable.

This case was developed from an interview with Donna Rowan, a documentary review of the family’s estimates as well as an interview with the owner of a well-established vineyard in the Annapolis Valley. Secondary sources were used to provide information on the industry and average costs to operate a vineyard. The case uses a partial disguise with respect to the names of family members. The case was tested at the Atlantic Schools of Business student case competition where ten teams from different Atlantic universities participated. The authors were not judges and all suggested changes have been incorporated in the case.

The relevant courses are: managerial accounting undergraduate programs; intermediate accounting and entrepreneurship courses in undergraduate programs; second-level accounting and entrepreneurship courses in MBA programs; and professional accounting programs’ CPA.

Most business contracts are meant to be in writing, on standard terms. However, with the facilities of communications, businesspersons will talk business on the phone. With this, contentions will arise, whether they were only negotiating or had gone the distance and made a contract. If they have contracted, what are the terms of the contract? The case explores the judgement of the United Kingdom Supreme Court judgement, Wells v Devani, which is on the theme of oral contracts.

From a pedagogical point, the case may fulfill following objectives: First, to understand Vodafone’s position in the current environment. Does the environment present the elements that are necessary for them to thrive (as analyzed using a PESTEL framework)? Second, to understand the resources needed to build competitive advantage in an emerging market context (as analyzed using the Porter five forces model); and third, to understand the competitive challenges of conducting business in a highly (and sometimes capriciously) regulated industry.

The Indian Telecommunication sector is one of the fastest growing industries in the world. There are nine telecom operators who are pioneering this growth; however, five private companies: Bharti, Idea, Reliance, Aircel and Vodafone make up 78.86 per cent of the market. These five companies have the opportunity to increase their market share by expanding the services provided to rural India; however, the Indian Tax Authorities have caused some hesitation. Aside from being known as heavy handed and unpredictable, the authorities have also demanded that Vodafone pay them billions in taxes. These court cases have challenged the way that other telecom operators look at investing. The arrival of Reliance Jio as a new player in the Indian wireless space with deep pockets has not helped the already fierce competitive landscape. Reliance Jio is forcing all wireless companies including Vodafone to reevaluate their India strategy.

This case could be used in both MBA and executive education programs.

Teaching Notes are available for educators only. Please contact your library to gain login details or email support@emeraldinsight.com to request teaching notes.

CSS 11: Strategy.

The case discusses the issues related to Zee Tele Films Limited's claims that the Board of Cricket Control of India was “state” and could act arbitrarily in the award of telecasting rights. The “state” as defined in Article 12 includes “other authorities”, and these are subject to the constitutional limitations. The right to equality requires them to not act arbitrarily. A body which is an instrumentality or agency of the government is “other authority”. The term has been subject to judicial interpretation. The Supreme Court, by a majority judgement, in the Zee Tele Films Case ruled that the Board is not “other authorities” within Article 12 of the Constitution.

This case is suitable for students just beginning to learn finance principles but is also appropriate to use in courses with experienced students and executives. In January 2008, Delphi Corporation (Delphi) had been in Chapter 11 bankruptcy for more than two years but appeared to be on the brink of approving a plan of reorganization (POR) that would allow it to emerge from bankruptcy with a significantly improved balance sheet. Delphi's POR called for a reduction of the company's leverage by exchanging the debt of the unsecured creditors for a mixture of new debt and new equity. The resulting reduction in interest expense was projected to return Delphi to profitability and make the restructured company a viable going concern. Students take the position of various claimants to explain why that claimant class would or would not vote for the plan.

The case discusses the legal journey of the Bajaj — TVS patent dispute from the Madras High Court to the Supreme Court and back to the Madras High Court. Almost four years have passed, yet the final verdict is nowhere in sight. The Supreme Court has recommended a period of four months for such cases to be finally decided. In such instances, the warring parties either settle it out of court or adopt other means to do business. The value of patent is undermined if the patentee has to fight so much for its protection.