I’m working on a business law report and need support to help me understand better.
The courts usually do not concern themselves with the fairness of a bargain struck by contracting parties. But in some cases, if a contract is grossly unfair to an innocent party, the courts, in equity, will not enforce it. These are called unconscionable contracts and occur when one of the parties, being in a strong position, takes advantage of the other party. The stronger party convinces the other party to enter into a contract contrary to his or her well-being. Such agreements may violate public policy and may not be enforceable.
In the past, if you wanted a prescription for a certain medication you had to see a physician first. Today, it is possible to enter into a contract to obtain a prescription for, and order, many medications via the Internet without ever setting foot in a physician’s office. Contracting with a physician online to receive prescription drugs may be ill advised, but are such contracts unconscionable? Only a few court cases have addressed this issue and so far, no court has held that prescribing drugs online is unconscionable.
Compare and contrast procedural and substantive unconscionability. If the physicians are not deceptive, should the courts allow all types of medications to be prescribed over the Internet? Why or why not? Might the practice of prescribing medications via the Internet reach the point at which it “shocks the conscience” of the court? Do you think the courts, in the few cases that have been heard, should have held that the physician’s conduct and the resulting contracts were unconscionable?
Through writing this assignment, you will be responsible for using a minimum of 2 scholarly/peer-reviewed sources (e.g. GMC Library). Textbooks are not considered a scholarly/peer-reviewed source; however, they may still be included as a supplemental reference.
Your assignment is to be a minimum of 500 words. Going over the minimum page length requirement is acceptable; however, I am not looking for a 10+ page essay.
Be as thorough as possible when writing your assignment, and remember, this is an academic assignment, so no “text-talk,” no conversational tone, and ABOVE ALL OTHER THINGS… don’t plagiarize!! Lastly, spell-check and proofread your work! Failure to follow these steps will negatively impact your grade.
For this course, you will submit the graded activity using Turnitin. An Originality Report will become available within a few minutes after your first submission. Inside the Originality Report will be a Similarity Index. The Similarity Index shows a percentage of the material in your paper which matches other sources found by Turnitin. You will be expected to have a Similarity Index of less than 20%. If your Similarity Index is greater than 20% you will need to review your Originality Report to be sure that you have paraphrased your work appropriately, and cited your sources correctly.
The Originality Report will help you to avoid plagiarism and improve the quality and content of your essay. It is strongly suggested that you keep direct quotations to a minimum, and never copy and paste text without proper citations. You have until the activity due date to resubmit your work, however, there will be a 24-hour delay before the Originality Report becomes available. It is your responsibility to submit your activity on time, with a Similarity Index of less than 20%.
General APA Formatting Guidelines:
The assignment should have an APA title page and an APA reference page. The APA title page and APA reference page DO NOT count towards the minimum word count! Your body of work needs to be a minimum of 500 words. Note that an APA abstract page is NOT required!
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