The Ultimate Strategy for Research Paper for College

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Government Regulation of the Microsoft Corporation Essay...

Government Regulation of the Microsoft Corporation Does the government have the right to regulate large corporations, namely the Microsoft Corporation? If so, then to what extent can the government do so? Based on our research, it is the government’s responsibility to remedy Microsoft’s noncompetitive behavior in order to increase fair competition. The Microsoft vs. the Government trial has many possible outcomes, which may affect a specific party. Not only does the outcome affect the Microsoft Corporation, but it also affects the rival companies and the consumer. Though not as eminent, the outcomes may also affect the future decisions against any other companies, possibly committing the same violations as Microsoft. The†¦show more content†¦Ã¢â‚¬Å"Microsoft’s share of the market for Intel-compatible PC operating systems is extremely large and stable,† 2. â€Å"Microsoft’s dominant market share is protected by a high barrier of entry,† 3. â€Å"Microsoft’s customers lack a commercially viable alternative to Windows† (â€Å"Microsoft: Court’s Findings of Fact†). The barrier of entry would â€Å"prevent an aspiring entrant into the relevant market from drawing a significant number of customers away from a dominant incumbent even if the incumbent priced its products substantially above competitive levels for a significant period of time† (â€Å"Microsoft: Court’s Findings†¦). Obviously, the rival companies such as, IBM and Apple, have found great fact, that in the most part, states that Microsoft is truly dismantling the competitive market. IBM and Apple created OS/2 and the Mac OS, respectively. Because of this â€Å"barrier of entry,† these top companies have not been able to â€Å"compete effectively with Windows† (â€Å"Microsoft: Court’s†¦). Microsoft implies that there still is competition; such as Mac OS, Linux, and other operating systems. Though this claim may have support, the â€Å"District Court found that Windows accounts for a greater than 95% share†¦court also found that even if Mac OS were included, Microsoft’s share would exceed 80%† (United States Court of Appeals). Microsoft may feel that there is competitiveness in the relevant market, the facts behind the claims of the rivalShow MoreRelatedDeveloping Personal Computer Software Systems1633 Words   |  7 PagesIntroduction Transnational corporations refer to â€Å"corporations that have their home base in one country and branches, or affiliates, in other countries† (Mooney 2015, 213). An example of such corporation is Microsoft. Microsoft was founded by Bill Gates and Paul Allen in 1975 (Microsoft, 2016). 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(Microsoft, 2013)Read MoreAmazons Career Choice Program1117 Words   |  5 PagesSome corporations do not have a clear understanding on what the public really wants and what the society expects from a company (Mohr, Webb, Harris, 2001). Microsoft knew exactly what the society wants to see regarding its social behavior. The organization is acting in a socially responsible way, by beginning a process in which the company goes completely carbon neutral across all of the company’s operations. Furthermore, each busine ss unit will be responsible for its behavior. If the process failsRead MoreMicrosoft Internal And External Factors1652 Words   |  7 Pagesanalyzing the management construct of Microsoft Corporation. A global corporation who specializes in providing technology solutions for five different business segments ranging from personal computers to gaming devices, Microsoft has demonstrated its ability to adapt to internal and external changes. 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Essay Comparing Beowulf and The Saga of King Hrolf Kraki

Beowulf and The Saga of King Hrolf Kraki There are so many similarities between the hero of the poem Beowulf and The Saga of King Hrolf Kraki, an Iceland saga representing 1000 years of oral traditions prior to the 1300’s when it was written, that these similarities cannot be attributed solely to coincidence. The Cambridge History of English and American Literature states that the hero of the poem, Beowulf himself, may be the same person as Bodvar Biarki, the chief of Hrolfr Kraki’s knights (v1, ch3, s3, n13). George Clark in â€Å"The Hero and the Theme† mentions: â€Å"The form of Beowulf taken as a whole suggests both the ‘Bear’s Son’ folktale type (especially as we find it in Scandinavia) and the ‘combat myth’. . . .† (286).†¦show more content†¦Bodvar avenges wrongs done to his family by killing the one who did the injustices; Beowulf avenges wrongs done to his family: â€Å"he avenged Heardred’s death,† â€Å"I repaid Hygelac †¦ with my bright sword,† â€Å"I was the killer of Daghrefin.† When King Hring took sick and died, Bodvar became ruler of the kingdom; when Heardred was killed in battle, Beowulf became king. Bodvar thought of others first; he found support for his mother before leaving his people; Beowulf likewise placed the concerns of others before his own, putting his life in jeopardy in order to satisfy a family debt to King Hrothgar for paying wergild for the hero’s father’s indiscretion as a young man. Bodvar leaves Gautland to travel to the kingdom of the Danes; Beowulf leaves Geatland to travel to the kingdom of the Danes. Bodvar goes to King Hrolf, widely known for his generosity, magnificence and courage; Beowulf goes to King Hrothgar, widely known for the same virtues. In Denmark Bodvar meets a farmer who thinks that the hero is imposing; in Denmark Beowulf meets a coast-guard who considers him imposing. The farmer’s wife says to Bodvar, â€Å"Your hand seems to be strong. . . .† (48); Beowulf’s handgrip was so strong that he ripped off Grendel’s arm and shoulder; he had â€Å"the strength of thirty in his mighty hand-grip

Defects of Consent free essay sample

A defect of consent is a situation where a party’s declaration does not reflect his actual intent. This difference between declaration and intent may be caused by other parties,in order to make someone to form a contract with themselves. Fraud and Duress are this kind of defects. Roughly,fraud is deceiving someone by hiding certain facts or giving them a wrong impression/information in order to make them form a contract and duress is scaring or threatening someone to make them form a contract. If there is a difference between declaration and intent,which unintentionally resulted from the declarant,we can say there is an error. In some cases,both parties are mistaken about contract. Such defects are called â€Å"Collective Error†. In these situations,contract is formed by parties’ true intent,not according to their false statements. Error In the TCO article 30,the law states that â€Å"A party acting under an essential error when entering into a contract is not bound by it. † Interpreting this article,we can deduce that essentiality is a key concept,since unessential errors will not affect validity of the contract. Some aspects of essential error are specified in TCO,but law does not limit cases of essential error with those articles. Unwritten states of essential error are determined by the rules of good faith. Error may occur in several ways: Error in declaration In the TCO article 31 the law sets forth: An error is deemed particularly essential in the following cases 1-Where a party intended to conclude a contract different from that to which he consented. A wants to sell 100 kilos of olive oil to B,but during the formation of the contract, A inadvertently states that he wants to buy 100 kilos of olive oil and B agrees the offer. -Where a party has concluded a contract relating to a subject matter other than the subject matter he intended. A wants to buy E branded good,but during the formation of the contract he states he wants to buy F branded good by mistake and is not aware of it. 3-Where a party declared his intent to conclude the contract other than the whom he intended to. A wants to s end an offer via mail to B,but he writes a different adress and mail goes to C. C accepts the offer. 4-Where a party took a specific person into consideration as the other party in entering a contract but declared his intent to another. A is a nanny who wants to raise B’s child C,but during the formation of the contract she stated the name of B’s mentally deficient child D. A is mistaken about someone’s identity,not someone’s qualifications. Otherwise it would be error in motive,which shouldn’t be confused. 5- Where a party has promised to make a significantly greater performance or has accepted a promise of a significantly lesser consideration than he actually intended. Error in calculation of a simple nature do not affect the validity of the contract;but they should be corrected. A good should have 10. 000 dollars written on its label but accidently 1000 dollars is writtenon label. A buys the good for 1000 dollars. Error of Agents The law states in TCO article 33 that â€Å"Where an offer to enter into a contract has been incorrectly communicated by a Messenger,translator or other agents or by any means,the provisions governing error are applicable†. Error of agents are counted as error in declaration. Mistranslation,misinforming,changes in the text during telegraphing†¦ are examples of such errors. Error by Considering a Demeanour as Consent When a party’s action is considered as an offer or acceptance by another party,and the other party is right to consider this as such and forms the contract,contract will be valid. However mistaken party can put forward that he is mistaken and benefit from the provision of error in declaration. Texts signed without reading If a party signs a text without reading ,and is right to think that the text suits his intent,outcome is determined by the other party’s knowledge about this intent. If the other party knows or has to know that text does not suit signer’s intent,contract will not have been formed and thus there will not be any need for provisions of error. On the other hand,if the other party does not know or have to know the signer’s intent,contract will be formed,but signing party by proving that the error is essential,can benefit from provisions of error in declaration. Signature in Blank One of the parties agree to sign in blank first,then allow other party to constitute the contract. If this contract formed later on has contents which do not suit signing party’s actual intent,he can benefit from provisions of error. Error in Motive Error in motive is caused by an error in the formation of intent. On principle,error in motive is not essential. If there are conditions prescribed by the law,there is an essential error in motive. In TCO article 32,the law sets forth that â€Å"Error in motive is not deemed as essential unless the mistaken party deems the motive as necessary basis for the contract and it is valid regarding the business affairs in good faith. Yet this rule is not applicable unless the other party is aware of this motive† According to this article,error in motive is essential if the party deems this motive as necessary basis for the contact. This means the party is mistaken about a subject or qualifications of someone which affected his decision to form the contract. Error in material qualification,error in fact,error in legal status are examples of such mistakes. A wants to buy sculpor B’s statue but in fact the statue is a replica. In this situation there is error in material qualification. A thinks he is assigned to a job in another city,so he rents a house in that city. He made an error in fact. A purchases a land to build a house,but does not know construction is forbidden on this site. He is mistaken about land’s legal status. Also if other party is or has to be aware of the motive,error is deemed as essential. This should be determined in the present case. Avoidability In TCO art. 30 the law stipulates that â€Å"A party acting under an essential error when entering into a contract is not bound by it. † However this is limited by TCO art. 39. The contract will be valid if the mistaken party does not abolish the contract in a year,beginning from the moment he realises his error. Good Faith Rules in Error Right to avoid is also limited by the law. The law states in TCO art. 34 that â€Å"A person may not advance error in a manner in violation of good faith. In particular, the contract is considered to be concluded in a way that the party acting in error intended, in case the other party declares his consent to be bound by that contract. † Violation of good faith mentioned in the first subsection may be like this: A person learns that he made an essential error about a contract which he concluded years ago. He wants to use his right to avoid just to damage other party. In that case he will not be able to benefit from provisions of error since it is a violation of good faith. Second subsection of this provision is particularly important. I wish to give a case in this point,in order to better explain it: A wants to buy a kilo of fruit for 2 Liras,but he is mistaken and accepts B’s offer to buy a kilo for 3 Liras. Then A states his mistake to B,B immediately says he is ready to sell it for 2 Liras. In this situation A cannot put forward that he wants to nullify the contract,since he made an essential error. The contract is formed. Error by Negligence According to TCO art. 35 â€Å"A party acting in error is liable for any loss arising from the nullity of the agreement where the error is attributable to his own negligence. However, there is no compensation if the other party knew or should have known of the error. In the interests of equity, the Court may, not exceeding the benefit of standart performance, award further damages to the injured party. † The first subsection is about responsibility of parties’ actions before the formation of the contract (culpa in contrahendo). Even a slightest negligence in error results in culpa in contrahendo,and in such situations damages will be compensated. According to the second sentence of this subsection,there will not be any compensations if the other party knew or should have known of the error. But this provision is not applicable to error of declaration,since if the other party knew or should have known the error in declaration,contract is formed according to the declarant’s real intent. Yet if a party knows or has to know other party made an error in motive,mistaken party will not have to compensate any damages even if he abolishes the contract. Amount of the damage that will be compensated,is the damage that would not exist if the contract would not be formed. This kind of damage is â€Å"negative damage†. Benefit of the standart performance is named as â€Å"positive damage†. According to the second subsection,judge may decide further damages. This â€Å"further damage† is compensation of positive damage. Amount of positive damage that must be compensated may be some of the positive damage or all of the positive damage,determined by equity,but cannot exceed positive damage.