Question 1: Should the Federal or state government control the internet?
There has been considerable attention regarding the issue of regulating the internet. While some people have argued that internet regulation is not counterproductive or possible, fears over the risks in security tend to support regulation calls. Both the federal and state government should regulate the internet. This is because the privacy of individuals is no longer a social norm. The more the internet continues to evolve, privacy rights will be infringed continuously. Facebook’s business model, for instance, induces users into sharing their private information. Then, it uses this information to surveil its users to create insights that will keep the users engaged. Also, the internet should be regulated because of security reasons. Terrorist attacks have continued to plague our society today. Terrorist often use the internet to locate weapons and recruit others into their missions. Also, perpetrators of mass shootings typically record the event and post them on the internet causing public panic. Therefore, the internet should be indeed regulated by both the state and the federal government.
Question 2: Define the equitable remedies of specific performance, reformation, and injunction. What is an “equitable remedy” as part of a contract that involves money?
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Generally, injunctions are the most popular equitable remedy in the US. It is typically granted after a decision for the accuser on the merits. It can be defined as a remedy that bans the defendant from participating in specific actions (prohibitory injunction). Also, it may require the defendant to adopt particular actions, that is, mandatory injunction. Secondly, specific performance remedy compels the defendant to carry his or her obligation under a legitimate contract. Over time, the court can change the specific performance order. If the defendant does not comply, contempt sanctions may result. Thirdly, with reformation remedy, the court corrects writing primarily in one of two instances. Either one party made an error while the other engaged in fraud or the writing fails to reflect the actual agreement of the parties. Equitable remedies are generally actions that the court provides to resolve a dispute or breach.
Question 3: Compare and contrast legal insanity and intoxication and explain how they affect contractual capacity.
Legal insanity implies that an individual does not have the competence to sign a contract. In other words, the person lacks a degree of comprehension as well as the ability to enter into a contract. Intoxication, on the other hand, implies that a person is under the influence of alcohol or drugs. Thus, he or she might not be able to provide consent when entering into a contract. Both legal insanity and intoxication affect contractual capacity. Contracts involving individuals with legal insanity are considered null and void by the courts. Also, when intoxicated people enter into a contract, the contract may be voidable if the intoxication was severe enough to incapacitate the individual. Also, the contract is voidable if the other party knew about the intoxication during that time.
Question 4: What is a Trade Secret and what does Trade secret Law protect? If you have a trade secret in business, what do you need to do to make sure it is protected? How does it differ from Intellectual Property Law?
A trade secret is essentially the most valuable asset of an organization. Trade secrets may include lists of customers, product formulations, as well as manufacturing processes. Trade secret law, on the other hand, is a branch of intellectual property law. It typically deals with the protection of proprietary information against illegal commercial utilization by other people. Normally, organizations cannot share their trade secrets with the government to safeguard their proprietary information. To protect trade secret in an organization, it is necessary for an organization to enforce barriers that can safeguard the secret. Contractual barriers such as nondisclosure agreements should be employed to obligate workers to assign new inventions to the organization. Secondly, disclosure barriers should be adopted such as limiting the number of people that have access to the trade secret. Finally, confidential information should be appropriately secured to avoid unauthorized access. For instance, to safeguard electronic information, an organization can utilize passwords, read-only files, along with firewall protection. Trade secret law is generally different from Intellectual Property Law. Corporations cannot register their trade secrets with the government to safeguard their proprietary information. In, short it demands confidentiality. In contrast, when it comes to intellectual property law such as trademarks, copyrights, and patents, organizations must register with the government to seek protection.
Question 5: How would you describe Covenants not to compete, non-disclosure agreements and Exculpatory clauses and identify when they are lawful.
Markedly, a non-compete agreement is an agreement that limits one party’s activities who agrees not to compete with the other, in most cases, his or her employer, for a particular period and within a certain geographical location. In other words, it prevents people from starting or joining competing businesses ordinarily within geographic and time boundaries. This type of agreement is enforceable as long as it is reasonable. A non-disclosure agreement, in contrast, limits communications. Herein, one party agrees that he or she will not reveal trade secrets, business secrets, proprietary process or other particular information or activities pertaining to the business. Non-disclosure agreements are enforceable provided the private information to be protected is sufficiently described and constitutes the proprietary information of the employer. An exculpatory clause relieves a person of any liability in case of damages that may happen within the duration of the contract’s execution. This type of provision is lawful only if the liability is not as a result of individual negligence.
Question 6: The elements of proving fraud.
In general, fraud is dishonesty often calculated for advantage. In all the four elements of fraud, it is easier to prove that the wrongdoer intended to deceive the innocent party. It is imperative to note that not all false statements constitute fraud. A false statement must primarily relate to material information to be fraudulent. Also, it should impact the decision of a person to enter into a contract or chase a particular course of action. A false statement must be made to deceive the victim to be fraudulent. For the most part, this is the easiest element to prove, one materiality, as well as falsity, are proved since most material false statements are designed with the intention to mislead.
Question 7: Define and describe
Compensatory damages
These damages cover the loss the nonbreaching party acquired due to contract breach. Usually, the amount is awarded the intent of making good or replacing the loss created by the breach. Compensatory damages include general and specific damages. General damages take care of the loss directly acquired by the contract breach. For instance, in case one company delivers the wrong furniture to another company, the recipient company may successfully sue for contract breach if company A refuses to correct the mistake. The general damages may include a refund of any amount the recipient company had paid for the furniture. Special damages, on the other hand, covers loss as a result of special conditions or circumstances that are not typically predictable.
Consequential Damages
These damages are primarily damages that a breaching party should have expected when they breached the contract.
Liquidated damages
These are damages that are presented in particular legal contracts as an approximate calculation of diversely hard to explain losses to one of the parties involved during the contract formation.
