week 4 replies
Please replied to my classmates post for example you might start hello nice post: post 1 Claudia wrote this:Do you think there was a contract between the Mesaros and the United States?Based on the information provided, I do not believe there was a contract between Mesaros and the United StatesWhy or why not describe the elements that were or were not present?Thereare a couple of reasons why I dont believe the above parties were in acontract. To begin, the U.S. Mint mailed an advertisement package. As ageneral rule, advertisements for the sale of goods, even at specificprices, generally are treated as invitations to make an offer.(Cheeseman, 2016) The package included an order form. To me the orderform was the indicated way for the Mesaros to make an offer. Theresponse of sending the form back indicated that the Mesaros made anoffer. The United State would respond to the offer once the credit cardwas approved. I also dont believe there was meeting of the minds ofboth parties. The Offeror thought they were the Offeree. Not havingmeeting of the minds indicates that there is no agreement.Furthermore, a contract is not valid without both, an offer and aacceptance. There is no indication The United States accepted the offer.I think it was actually rejected at the point the Mesaros were notifiedthe supplies was no longer available.Identify another case/situation no more than 12 months old dealing with similar circumstancesFrommy research, there is a lot of cases with questionable contracts in theentertainment industry, especially when the entertainer is deceased.For example, Prince'srecord company is suing Jay Z's company for streaming Prince's songs onthe Tidal music service without permission after his death. JayZs company argues that Prince allowed it, and Princes record companyargues the agreement was only from one album. This shows the importanceof being on the same page when making and agreement/contract. Now, JayZs company needs to prove that Prince agreed to all songs. Myassumption is that the agreement does not say specifically what songs orhow many of them. So does this mean the agreement is void because oflack of clarity? What would you do differently to eliminate the problems?Inthe Mesaros and the United States case, I would have put something inthe package regarding the limited supplies and the most effective way tomake and offer (payment method) that would not be prolong theacceptance or rejection of the offer.Onthe other hand, the entertainment industry needs to pay very closeattention to their contracts. They need to be as clear as possible andtry to foresee as many situations as possible. They need to take intoaccount what happens after a celebrity dies. Every time I hear of acelebritys death, a couple of days later come the disputes about theirassets. ReferencesCheeseman, Henry R.. Business Law: Legal Environment, OnlineCommerce, Business Ethics, and International Issues (Page202). Pearson Education. Kindle Edition.Post 2 Rachel wrote this:Do you think there was a contract between the Mesaros and the United States?Ido not believe there was a contract between Mesaros and the UnitedStates. The Mesaros simply responded to a general offer that was givento everyone under the condition that there was 500,000 made. This is nota contractual agreement and is not sustainable under law. If there wasan offer from either the Mesaros or the United States and signed andagreed upon, then that would be sustainable. The general offer made bythe United States was only given under the idea that there is a limitedamount. I believe this was not a matter of contractual obligation. Ifthat was the case, then everyone in line for a flat screen during blackfriday shopping would have a case. A advertisement is defined as: Aninvitation to make an offer or an actual offer (Cheeseman, 2016). Thiswas a case that involved an advertisement that gave the opportunity tomake an offer, not an actual contract. Why or why not describe the elements that were or were not present?Theidea that the consumer ordered a specific item, does not equal alegally binding contract. This specific case left many facts unresolved.It was not specified if the mint gave the Mesaros $1,675 of the newcoins that cost much more or did not process the credit card at all. Iassume their credit card was not processed at all. If it was processedfor a lesser quantity at a higher amount, I would argue that this is acase for false advertisement. Since this is a case for contractualagreement, I would have to disagree with the plaintiffs stand. Identify another case/situation no more than 12 months old dealing with similar circumstancesMelissaCook was a surrogate for a single man. She became pregnant withtriplets and the father decided he wanted one of them aborted. Sincethere was no clause in their contract to say whether Cook could refuseor the father had a legal obligation to force Cook to perform anabortion. The courts would not force her to perform an abortion and Cookplanned to carry all babies to full term, adopt the unwanted thirdchild, and collect her full surrogacy fee. She would also like thecourts to rule that her surrogacy contract is unenforceable (OReilly, 2016).What would you do differently to eliminate the problems?Theproblem with the Mesaros case is blatantly a advertisement and not anactual agreement. The Cook case is much more complicated and couldaffect future surrogacy contract cases. This is why it is so importantto read every contract and discuss every possibility when it comes tocontracts and agreements. References: OReilly, K. (2016, November 15). When Parents and Surrogates Disagree on Abortion. Retrieved November 16, 2016, from http://www.theatlantic.com/health/archive/2016/02/surrogacy-contract-melissa-cook/463323/Pol 305Post 3: Nicole wrote this:I believe that public policy shouldtreat this subset of the population closely with how they treat poormothers. If a poor father is needing to pay child support, he should beable to receive benefits as well. Like the article states, if fathersare expected to pay child support, they should receive the sameemployment enhancing program opportunities as mothers do. I also thinkthat it may be helpful for poor fathers to receive state benefits aswell such as food stamps if the children have visitation rights withthem. All situations are different, but if a poor father is paying childsupport as well as having visitation with his kid(s), he will of courseneed to provide meals. I do think that employment is a big issue thatcan definitely help rectify the issue. If more job assistance programsare made as available to underprivileged fathers as they are to mothers,their rate of unemployment can go up and in turn help with childsupport. Sorensen, E., Zibman, C. (2001) Poor Dads Who Dont Pay ChildSupport: Deadbeats or Disadvantaged? The Urban Institute. Series B, No.B- 30. Retrievedfrom: http://www.urban.org/sites/default/files/alfresco/...Post 4 James wrote this:In the United State there is an increasing amount of non-residential fathers, many of whom do not pay child support. This fact has been incorporated into conservative rhetoric aimed at; stigmatizing 'deadbeat' fathers; the deterioration of the family unit; and the growing number of single mothers who are 'living off the government.' Conservatives often use this stigma in order to justify capping or decreasing appropriations to social programs in order to 'reduce deficit spending and promote self sufficiency' - a keystone of current conservative ideology.Sadly, the curtailment of these social programs effects the poorest in our society the most. Within the poorest of Americans, 2.5 million non-residential fathers do not pay any type of formal child support, as opposed to the 4.5 million non-resident fathers who are do not pay child support and are not considered poor. Furthermore, 29% of the 2.5 million poor non-child support paying fathers are incarcerated; 33% have no phone; and 43% have no high school education. Any one of these qualities could keep someone out of work. The conservative stigma stems from value based assessments of poverty and non-resident fathers instead of statistical evaluation. The goals of this line of thinking would simply not be achieved. Instead, these policies would hinder already marginilized populations of poor individuals, instead of the 4.5 million that these value based assessments are at their core trying to address. Dear writer what would you replied to these classmates give your opinion about their post.
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