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In this second-to-last week of our work together we visit an economic/law issue that is central to today's electronic society

Economics

In this second-to-last week of our work together we visit an economic/law issue that is central to today's electronic society. Inequality in bargaining strength.


What do I mean by that?

Well, consider this: As a consumer buyer of a service or product, do you think you have equal bargaining strength with the seller to shape the terms of the contract?

I think we can all agree that if we want to download and use Windows 10, we will have zero bargaining strength with Microsoft over the terms of their contract (sometimes called the shrink-wrap contract or a click-wrap contract). Similarly, if we want to purchase something from Alibaba.com, I think you will agree that you will be completely unable to argue with their contract terms and negotiate something different. By the way, feel free to disagree and explain why I might not be right in a reply to this discussion board posting.

READINGS AND QUESTIONS FOR WEEK 5: Please start your reading this week on page 363 of the text (Page 378 of the PDF) with the discussion on Monopolies. Consider, especially, the "Buying Souls Using Standard-Form Contracts" sidebar on page 367 (PDF page 382). I wonder if your devious instructor has buried something odd in you course?

Continue your reading to the end of Chapter 9, which is the substantive end of our text.

Please answer Questions 9.39 and 9.41. As for question 9.41, please consider whether under your home legal system it is even lawful to limit liability for harms caused by a manufacturer's defective product.

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