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Sunday, July 28, 2019

Business Law Essay Example | Topics and Well Written Essays - 1000 words - 4

Business Law - Essay Example The court did not find specific performance as a legal remedy in this case for the reason that it was impossible to compel the Wentz to sell the carrots to Campbell unwillingly. In the final ruling, the court refused to help Campbell in reinforcing the case because Campbell had formulated an unconscionable contract that provided him with unreasonable privileges to control the farmers. For instance, he could dictate to whom the farmers would sell the carrots they could not buy after the harvest. To avoid instances of unconscionable contracts in the future, Campbell soup requires to exercise fairness in the contract by involving farmers during the contract formulation process (Blum, 2007). The Uniform Commercial Code Under UCC 2-302, a person who buys goods at an exaggerated price stands a better chance to exit a contract more than a person who is involved in the purchase of non-food products. The principle of fairness requires that all contracts be treated as equally binding regardles s of the participants of the contract. However, the UCC law seems to contradict this law by exercising favoritism for people with unequal bargaining power. It would be more ethical if the court upheld treated all citizens on the same platform as long as the at the signing of the contract each party is aware of the terms of the contract; They have the will to sign it or refuse to sign (Collins, 2009). In the scenario of Ace heating and Cooling Company, although Glamour and Shady restaurant are familiar with the terms of the contract, the purchase conditions are incomparable. While Glamour purchased the Freezy to protect the health of old patients, Shady restaurants bought the Freezy out of not urgency. Glamour’s purchased the goods to protect the rights of people who have a low bargaining power, unlike Shady’s customers. Employment-at Will The employment-at-will Act allows the employer to fire an employee without any substantial reason to do so, and as they deem fit for the organization. Unless there is a contract of employment or evidence of discrimination, fired employees cannot obtain a legal protection from a court of law. While it is considerate to allow employers to fire employees at their own discretion, this rule has been applied to inflict discrimination in the labor market. For instance, ABC news reported a case where a woman was fired on the ground that she was irresistible and was a threat to marriages. When the Supreme Court ruled against the woman and justified the action of the employer, the case attracted a lot of controversy since this termination of employment was perceived as an incidence of illegal female discrimination. The fact that the court granted rehearing of the case, it can be considered as evidence of inconsistency in court decision due to a weakness in the law regarding the firing of employees (Doyle, 2013). To avoid such inconsistencies and misinterpretation of the law regarding firing, the law should not allow firin g for no reason policy. A Principal’s Responsibility for the Actions of Their Agent The action of Steve, a Big Mart employee, to check their customer, Karen, is part of the responsibility he owes to their employer. The fact that Karen did not go through the check counter raises a question and hence Steve’s action to scrutinize her is an act of good faith. Since Karen has no tangible evidence to show that Steve had a malicious intention, she is not justified to sue for defamation or

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