E-Commerce and Online Contracts

 

1​‌‍‍‍‌‍‍‌‍‌‌‍‍‍‌‍‌‌‌‍​.) (1/2 Page) Locate you wireless phone or internet contract. Identify if it has clauses in the contract for: 1. warranties, 2. arbitration, 3. limitation of liability, 4. indemnity and 5. early termination fee. Then write an essay where you identify these clauses in the agreement. 2.) (1/2 Page) At age 17, John sells his baseball card collection on Ebay to buy a new video game system. Two years later, ​‌‍‍‍‌‍‍‌‍‌‌‍‍‍‌‍‌‌‌‍​Mark, John’s father, finds out that John has sold his baseball card collection and sues Ebay for money damages and specific performance for the return of the baseball cards. Please discuss all the elements of a contract and how Ebay’s contract with John did or did not meet each element requirement. Then, discuss how a court would decide this case. Why does the court reach the decision you think is appropriate​‌‍‍‍‌‍‍‌‍‌‌‍‍‍‌‍‌‌‌‍​?

Sample Solution

Type I fibers are slow-twitch fibers and can endure long periods of exercise as they are highly resistant to fatigue. They are comprised of myosin heavy-chain (MyHC) type I. Type IIx fibers are fast-twitch fibers and are a subset or the fast twitch muscles which contain type IIa and type IIb. Type IIx fibers are the strongest and lowest endurance abibity as they fatigue much easier. Their composition differs from Type I fibers as they are composed of MyHC type IIx. It has been reported that a less than 27% of fiber type I proportionality is regarded as unusually low. Additionally, an amount of fiber type IIX that is greater than 29% is regarded as unusually large (Barreiro and Gea, 2016). In cases where the subject suffers from COPD, the amount of type I fibers are significantly lower than that of a healthy individual. Also a greater amount of type IIb fibers are present, thus demonstrating why COPD sufferers possess greater muscular fatigability and a lack of endurability (Whittom et al., 1998).

Muscle dysfunction and wastage are major systemic manifestations in COPD. Patients’ respiratory and limb muscles are often impaired and this adds to defective muscle function, low exercise ability and poorer health in general. Diminishing muscle fiber cross-sectional area is largely an accepted distinguisher of muscle atrophy and may be an indication of mortality associated with COPD (Gouzi et al., 2013).

Hyperinflation is another crucial aspect of COPD as hyperinflated lungs may lead to consequential destructive breathing issues. This is displayed by advancements in COPD symptoms following lung volume reduction surgery. Static and dynamic processes may both lead to hyperinflation in COPD, static being caused by a decline in elasticity as a result of emphysema. Dynamic hyperinflation is as a result of exercise and is found present more frequently and is caused by air becoming trapped in the lungs as a result of an imbalance in the volumes of air inhaled and exhaled (Ferguson, 2006). Inadequate exhalation generates continuous air retention referred to as ‘air trapping’, consequently leading to dyspnea (O’Donnell and Laveneziana, 2006).

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