Question
DBi builds software components.It currently has a contract with AXIS Consulting Inc. whereby AXIS resells some of DBi's component products.The contract is up for renewal.DBi
DBi builds software components.It currently has a contract with AXIS Consulting Inc. whereby AXIS resells some of DBi's component products.The contract is up for renewal.DBi presents a new contract to AXIS wherein it stipulates that AXIS must resell all of DBi's software components. AXIS protests indicating that they do not want to commit to resell all of DBi's products only some.DBI indicates that unless AXIS agrees to sell all of DBI's products there would be no new contract.Reselling DBi components makes up almost 80% of AXIS revenue.Not having component product to sell would spell financial disaster for the company.
Reluctantly AXIS signs the contract. The contract is not defective in any way.
Two months into the contract, another component developer, offers AXIS the opportunity to sell their component products and sell only the components AXIS wants to sell. Axis would like to get out of its contract with DBI.
Question: (5 marks) Answer should include some explanation
Given the facts of this case, what legal argument/legal concept might be available to AXIS if they wanted to have the contract with DBI terminated by the court?Please be specific and explain your answer.
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