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MGMT 520 Legal, Political and Ethical Dimensions of Business Week 4 – Discussion 1 – Killer Performance Requirements

MGMT 520 Legal, Political and Ethical Dimensions of Business Week 4 – Discussion 1 – Killer Performance Requirements

MGMT 520 Legal, Political and Ethical Dimensions of Business Week 4 – Discussion 1 – Killer Performance Requirements

MGMT 520 Legal, Political and Ethical Dimensions of Business Week 4 – Discussion 1 – Killer Performance Requirements

Read Killer Performance Requirements on p. 445 in Chapter 13 of your e-book.
1. Are guidelines and chargeback fee clauses required by large retailers really negotiable?
2. Should the doctrine of unconscionability (See Water v. Min, Ltd.) be available as a defense to small suppliers challenging onerous performance requirements?
3. Is it ethical for large retailers to impose “take it or leave it” clauses on small (at least by comparison) suppliers? Should courts enforce contract provisions that were imposed by economic power rather than crafted by negotiation?
Whether the unconscionability doctrine should be available to set aside commercial contracts where market powers like Wal-Mart or Microsoft attempt to impose ‘take it or leave it’ terms on their customers.
Should courts look at the respective economic power of the parties in determining whether to enforce a harsh contractual provision? Should our courts serve as an ethical leveling mechanism when it comes to ‘killer performance requirements’?
Elements of a contract–what are they? And then we will move on to the defenses to a breach of contract action.

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