When is an acceptance effective and discuss the mailbox rule

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Reference no: EM131037840

Answer the following five essay questions.

1. If the state of California and the federal government both passed laws or regulations related to the sale of video games, which would prevail and why? Discuss the relationship between the states and the federal government, and which has priority. When do the States have the right to regulate?

Analyze and evaluate the various issues presented while arguing and debating the connections between business, law, politics, and ethics.

2. Decisions in product liability cases sometimes make headlines, with much of the public outraged over what seems to be an excessive recovery for an action seen to be the fault of the plaintiff. What are some of the legal theories for plaintiffs to recover in product liability cases? Discuss strict liability, warranty theory, etc What are the possible defenses? Should there be a limitation on the amount that a jury can award to a plaintiff? What are some of the more outrageous cases where jury awards were ridiculously high? Analyze and evaluate the various issues presented while arguing and debating the connections between business, law, politics, and ethics.

3. Contract law is a very basic and important part of both our everyday life, and the operation of the business world. List and define the three basic elements that are required to form a legally binding contract.

Discuss what exactly is a contract offer versus a mere invitation to begin negotiations.

When is an acceptance effective? Discuss the mailbox rule. If the UCC does not apply, how are contrary terms in the acceptance treated? What if the UCC does apply? This area was often known as the "battle of the forms".

Comment on what constitutes consideration and include a discussion of detrimental reliance.

4. Discuss the policies behind giving medical leave under the Family Medical Leave Act (FMLA)-what is the nation trying to accomplish, and is the FMLA written appropriately to meet those goals? What are the provisions of the FMLA? Also please discuss the laws relating to age discrimination and make reference to various cases that impact the Age Discrimination Act? Finally please analyze the Americans With Disabilities Act. What is a covered disability? What must be done by an employer to protect the rights of a worker with a disability? What is the exception to this policy? What exactly is a BFOQ? Analyze and evaluate the various issues presented while arguing and debating the connections between business, law, politics, and ethics.

5. What changes should be made to copyright law to reflect the ease with which much creative material can be reproduced and distributed over the Internet? What concerns are there with any such law? What might be done with the Fair Use Doctrine?

How about alterations to the laws regarding trademarks, trade names and trade dress? What effect might internet dissemination have on that area?

Finally with so much information available on the internet, what revisions should be made to the laws relating to patents?

Analyze and evaluate the various issues presented while arguing and debating the connections between business, law, politics, and ethics.

Reference no: EM131037840

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