Civil and Criminal Law Are Term Paper

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Acceptance must be made by an intended party to the contract and must be understood by the offerer before he withdraws or retracts the offer.

And consideration is some forebearance on the part of both sides to make a contract enforceable. For instance, a simple promise is not enforceable. However, when a grandfather promises to pay his grandson $5 for every 'A' in school, and the grandson agrees, there is an enforceable contract in that both sides are giving up something: The student is working hard for grades and gives up his right to slack off, and the grandfather is giving up $5.

Consideration usually cannot be nominal, in that you generally cannot have $1 consideration for sale of a house.

Many other rules apply to contract law, like mutual mistake, unilateral mistake, the mailbox rule that defines when offers and acceptance are valid through the mail, impossibility, frustration of purpose, recision by minority, etc. But the basic components are offer, acceptance and consideration.

Question 4.

Title VII affects discrimination and impacts the business environment and employee relationships. Employers are not allowed to discriminate based on race, gender, sexual orientation, nationality or disability, and the act provides a private cause of action for those who are discriminated against.

This means that if a boss at a private company fires an employee for being gay, or refuses to hire an applicant for being Indian, or passes over an employee for promotion because she is a woman, the employee or applicant may sue the company.

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This means, of course, that companies are impacted heavily. They must copiously record all human resources interactions, and make sure that bosses and hirers are educated on the law and do not discriminate. Otherwise, they could find themselves on the wrong end of a hefty Title VII suit.

Title VII also affects employee relationships, as employees are no longer forced to take job discrimination lying down, for fear of losing their job. If a woman is passed over for a promotion because of her gender, she may complain without fear of getting fired, as the Title VII laws provide her with the right to sue.

Question 5.

Many issues arise when determining which laws apply when doing business in a foreign country. For instance, the Foreign Corrupt Practices act prohibits American companies from doing abroad what may be legal there but illegal in America. For instance, in a country where bribes of public officials are legal, American companies may or may not be able to bribe there depending on interpretations of the Foreign Corrupt Practices Act.

Generally, businesses must know whether American laws speak to a particular issue, and must consult case law to determine whether they are allowed to follow American or foreign law. History and treaties, as well as executive orders signed by the President also influence the difference between….....

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