End of chapter module 4

End of chapter module 4 - End-of-Chapter Problems Karen D....

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End-of-Chapter Problems Karen D. Nicosia Grand Canyon University Ethical & Legal Issues in Business BUS-340 Instructor: James Goff July 18, 2010 End-of-Chapter Problems Chapter 15-Problem 10: Gantos is a large clothing retailer, its sales are 20 times greater than Gianni Sports, and its order represented about 20% of Gianni Sports business. This means that Gantos order would probably represent 1% of its purchases, placing Gantos in a superior bargaining power position than Gianni Sports (Mallor, Barnes, Bowers, & Langvardt, 2010). This superior bargaining power was exploited by Gantos making this contract unfair for the Gianni Sports, which is a fact that indicates procedural unconscionability (Mallor et al., 2010). At the same time, this clause is oppressive and unreasonably one-sided, which constitutes the substantive unconscionability (Mallor et al., 2010). As per my analysis above, I conclude that the cancellation clause was unconscionable and it clearly benefited Gantos. Chapter 16-Problem 7: When Dyer was negotiating with the sales person she was verbally told that taxes were paid and the same response was given to her after signing the contract. However, in the contract she signed, which is the evidence of the agreement, taxes were not included in the sales price (Mallor et al., 2010). Apparently not all the promises made during the negotiations were in the written contract and also the contract terms would not accept any claims in this regard after signing the
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End of chapter module 4 - End-of-Chapter Problems Karen D....

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