Module 3 Discussion
Until 1677 and the creation of the Statute of Frauds in England, all contracts could be either written or oral and yet be equally binding on the parties. After 1677, the law required certain types of contracts (such as contracts to buy or sell land) to be both made in writing and executed with the physical signatures of all of the parties involved. At any time thereafter, either party could challenge authenticity of the physical signature of his/her own handwriting or the handwriting of the other party. Recently, with the increase of eCommerce, electronic signature (non-physical) has become as equally binding as the physical signature with severe limitation allowed in challenging the authenticity. Has this developed out of necessity, or have we simply moved too far with the law accommodating the digital age?
Read the ETHICS section of your text on page 255. This section describes a case in which a paralegal who had been orally promised a bonus of $1,065,000 was deprived of the bonus in a dispute because no written agreement existed as to the bonus as would have been required by the Statute of Frauds. That an agreement was had was beyond dispute, because there existed a (secret) recording detailing the promise of the bonus between the paralegal and his/her employer. As your text explains, the Statute of Frauds requires certain types of contracts (such as contracts to buy or sale land) to be both made in writing and executed with the physical signatures of all of the parties involved. This requirement was clearly not met. Further, the undisclosed recording of the agreement constitutes a crime. Was a fair result handed down in this matter? What, if anything, would you do to modify the Court’s decision?
The Civil Rights Act of 1964 was created to protect against discrimination what Congress considered to be the five most important classes of persons needing protection. These classes came to be known as the “Big Five” and included Race, Color, Sex, Religion, and National Origin. Do you think that these five classes are the most important classes, or would you have chosen other classes such as Age, Sexual Orientation, etc.? Explain and defend whether you are in agreement or not.
The English Common Law allows for three primary forms of business entities: The sole proprietorship, the general partnership, and the corporation (although there are many variations of each type). Each type of business has a very distinct set of advantages and disadvantages. If you were a business owner today, which form of business would you prefer to own and why? As an employee, which type of business would you prefer to work for and why? Please explain in detail with your specific reasons.