What factors have courts considered when evaluating factual statements versus opinion-based statements?
Assigned Readings:
Chapter 12. Contracts and Sales: Performance, Remedies, and Collection.
Chapter 13. Business Marketing and Products: Ads and Product Safety.
Chapter 14. Business Competition: Antitrust Law.
Chapter 15. Business and Intellectual Property Law.
Initial Postings: Read and reflect on the assigned readings for the week. Then post what you thought was the most important concept(s), method(s), term(s), and/or any other thing that you felt was worthy of your understanding in each assigned textbook chapter.Your initial post should be based upon the assigned reading for the week, so the textbook should be a source listed in your reference section and cited within the body of the text. Other sources are not required but feel free to use them if they aid in your discussion.
Also, provide a graduate-level response to each of the following questions:
- Sly Salesperson sells cars. While selling a car, Sly Salesperson tells the potential buyer that “this is the best car around. It’s a great car and sips gas.” The car has an average fuel rating. Has Sly Salesperson committed a misrepresentation? Fraud? Why or why not? Does the analysis change if Sly Salesperson says the car get 40 miles per gallon, but in fact the car only gets 30 miles per gallon?
- What factors have courts considered when evaluating factual statements versus opinion-based statements? Could there still be liability for purely opinion-based statements?
- Explain what the Robinson-Patman Act prohibits, what is required to show a violation, and what the defenses are.
- Explain the differences in patents, copyrights, and trademarks, including the length of each and examples of each.
[Your post must be substantive and demonstrate insight gained from the course material. Postings must be in the student’s own words – do not provide quotes!]
[Your initial post should be at least 450+ words and in APA format (including Times New Roman with font size 12 and double spaced). Post the actual body of your paper in the discussion thread then attach a Word version of the paper for APA review]
Submitting the Initial Posting:Your initial posting should be completed by Thursday, 11:59 p.m. EST.
Response to Other Student Postings: Respond substantively to the post of at least two peers, by Friday, 11:59 p.m. EST. A peer response such as “I agree with her,” or “I liked what he said about that” or similar comments are not considered substantive and will not be counted for course credit.
[Continue the discussion through Sunday,11:59 p.m. EST by highlighting differences between your postings and your colleagues’ postings. Provide additional insights or alternative perspectives]
Evaluation of posts and responses: Your initial posts and peer responses will be evaluated on the basis of the kind of critical thinking and engagement displayed. The grading rubric evaluates the content based on seven areas:
Content Knowledge & Structure, Critical Thinking, Clarity & Effective Communication, Integration of Knowledge & Articles, Presentation, Writing Mechanics, and Response to Other Students.
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