Questions from Business Law

Q: Companies should be able to make or break employment contracts whenever and

Companies should be able to make or break employment contracts whenever and however they wish.

Q: The terms and conditions in click-on agreements are so long

The terms and conditions in click-on agreements are so long and detailed that no one ever reads the agreements. Therefore, the act of clicking “I agree.” is not really an acceptance.

Q: Courts should not be able to rule on the adequacy of consideration

Courts should not be able to rule on the adequacy of consideration. A deal is a deal.

Q: After agreeing to an exculpatory clause or purchasing some item, minors

After agreeing to an exculpatory clause or purchasing some item, minors often seek to avoid the contracts. Today’s minors are far from naïve and should not be allowed to avoid their contractual obliga...

Q: The concept of caveat emptor (“let the buyer beware”) should

The concept of caveat emptor (“let the buyer beware”) should be applied to all sales, including those of real property.

Q: Many countries have eliminated the Statute of Frauds except for the sale

Many countries have eliminated the Statute of Frauds except for the sale of real estate. The United States should do the same.

Q: Kurt receives from Nabil a check that is made out “Pay

Kurt receives from Nabil a check that is made out “Pay to the order of Kurt.” Kurt turns it over and writes on the back, “Pay to Adam. [Signed] Kurt.” What type of endorsement is this? What effect doe...

Q: As a matter of public policy, personal injury tort claims cannot

As a matter of public policy, personal injury tort claims cannot be assigned. This public policy is wrong and should be changed.

Q: The doctrine of commercial impracticability should be abolished.

The doctrine of commercial impracticability should be abolished.

Q: Courts should always uphold limitation-of-liability clauses, no

Courts should always uphold limitation-of-liability clauses, no matter what are the respective bargaining powers of the two parties to the contract.