ecommerce,contracts and commercial law

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When talking about presents to movie stars as provided by the IRS, it would be fitting to follow an easy three-step format that involves presentation, body, and conclusion.
Introduction of this. It teaches students about the kinds of gifts to film stars and the criterion used to identify these gifts as ordinary products or services. Tell students about the federal income tax program and the limits on donations to film stars.
Body, guy. It would be necessary to offer reasons why gifts to film stars are considered taxable products and services. For instance, some of the awards contain goods and services of a high total value, meaning that they fall within the tax bracket according to income tax policy. Most gifts fall under the category of luxury goods and services, a characteristic that makes them attract very high taxes. When making these points, it will be necessary to follow the “rule of three,” which is a structure for making the speech memorable. Use at least three real-world examples to make the speech more practical.

Conclusion. It provides a final summary of the main points covered and give the students opportunity to participate in the discussion by asking questions. You can decide to respond to these questions or make it an open forum for any student to give answers.

Discussion 2: Norma English’s Case

Ideally, there should be no enforceable contract between Laurie Montgomery, Michael and Norma English. According to the Mirror rule, for there to be an existence of acceptance, the offered is under obligation to accept the terms as stated in the offer (Schwartz & Scott, 2003). As such, English made an offer of house purchase to Montgomery which also included home paving stone and a fireplace screen which was not accepted by Montgomery. Therefore, English’s oversight to the fundamental changes by Montgomery does not indicate acceptance of the house according to the mirror rule of counteroffer (Schwartz & Scott, 2003). As a result, there is no existence of an enforceable contract between the parties regarding the original offer.

Discussion 3: Wells Fargo’s Unilateral Mistake

The case of Wells Fargo’s unilateral error does not establish enough grounds for setting aside a judicial sale. This is a case of “inadequacy of price” that resulted after the clerk accepted Mr. Martin’s bid by announcing, “Sold!” The inadequacy would only be considered gross if the sale showed mistakes such as inadvertent sale, deceit, indiscretion, or misconduct on the part of the buyer or other individuals connected with the sale (Kronman, 1978). Even though the paralegal’s error may be considered a mistake, it may be hard for a court of law to reverse the order preventing a motion to proceed with the sale, especially when the error was unilaterally made by the complainant. Mr. Martin acted upon the goodwill of purchase, and therefore, equity must prevail to avert the wrong results.

Discussion 4: David’s Electronic Signature

“David’s electronic signature is enforceable against him.” This is according to the E-sign Act that considers electronic signatures to be legally binding (Reed, 2001). According to the Act, e-signature has the same force, effect, and consequence as pen-inscribed signature done on a piece of paper (Reed, 2001). Details such as password, name, smart card number, fingerprint, mail address, and telephone number can be used to ascertain David’s electronic signature and can as well be used by Inet to recover the license fee.

Conclusion

To sum up, proper knowledge about a contract, commercial law and e-commerce are essential for individuals engaging in any form of transaction. The first section of our discussion reveals that gifts to movie stars fall under the category of luxury goods and services, and are taxable just like other commodities and service according to the federal income tax policy. The second part of the discussion revolves around the case of unenforceable contract according to the Mirror rule. The fact that Montgomery never accepted English’s house purchase offer means that the contract was never minding. The third discussion, on the other hand, reveals a case of “inadequacy of price,” which in the absence of a mistake does not establish enough grounds for setting aside a judicial sale. It is true according to the case reading that Mr. Martin acted upon the goodwill of purchase, and therefore, equity must prevail to avert the wrong results. Finally, the fourth section of the discussion indicates that electronic signature is legally binding according to the US’s E-sign Act. Individual’s details such as password, name, smart card number, fingerprint, mail address, and telephone number can be used for identification and authorization of a contract.

References

Kronman, A.T. (1978). Mistake, disclosure, information, and the law of contracts. (The Journal of Legal Studies), 7(1), 1-34.

Reed, C. (2001). Legally Binding Electronic Documents: Digital Signatures and Authentication. (The International Lawyer), 35(1), 89-106.

Schwartz, A., & Scott, R.E. (2003). Contract theory and the limits of contract law. (Yale Law Journal), 113, 541-619.

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