Legal Implications Of E-Business At Smith System Consulting Company

988 Words 4 Pages
Register to read the introduction… According to Gauby and Noone, L.L.C. (1996), legal counsel for Smith System Consulting, states these contracts to be fair and just to the company and their customers. (University of Phoenix). Smith System Consulting has rare copyrights and patents, since most of their business is believed to be work for hire basis. Based upon the nature of Smith Systems Consulting's business and the information provided by the company's legal counsel, some of the legal issues that the company may face are contract law, sexual harassment, and discrimination. According to Contract Overview (2007) A Contract law covers the legal implications of a contract. For instance, contract law determines what is and is not consideration, whether a contract is intended, or if the parties making the contract are legally competent. Besides, the contract law also states whether there are fraud or duress involved, or how a contract is terminated. Additionally, the company will face issues related to the nature of e-business itself. In fact, the company will want to make known the law as it applies to trademarks and electronic …show more content…
Only the company administrative staff, rather than a law firm can make changes within the contract The writer suggest that the company should realize the standard in contract law, and how it is applied to electronic contract. In the situation of contracts with international companies, Smith Systems Consulting should include a choice of law and forum selection clauses in their contracts. Besides, consumers and business can benefit from government enforcement of contracts.
According to Wikipedia (2007) the choice of law consists of a method in litigation of a case that involves conflict law. While forum selection clauses allows agreement from litigation of a contract to be initiated in a certain forum. The writer also address other issue that Smith System Consulting may face within the company is sexual harassment that the EEOC defines as unwelcome sexual advances, request for sexual favors, and other verbal or physical conduct of a sexual nature when such conduct has the purpose or effect of unreasonably interfering with an individual's work performance or creating an intimidating, hostile, or offensive working environment. Every employer needs to understand how extremely important having a sexual harassment policy in place is to the company. Without a anti-sexual harassment policy in place the result can be an extensive monetary liability, which can cause financial constraints on the company (Sexual
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This refers to sexual comments, physical touching, or displays of objects that unreasonably interfere with work performance or that create an "intimidating, hostile, or offensive" work environment. Examples include: Sexual pictures, calendars, graffiti, offensive language, jokes, gestures, comments, or objects. The policy needs to include what is harassment and what is sexual harassment and when sexual harassment occurs. The policy also needs to cover the two types of sexual harassment, what a person can do about harassment, confidentiality, the company policy principles in dealing which

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