Legal Analysis [英语论文]

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本文主要从玛丽简的广告中阐述道德在我们的社会中也发挥了重要的影响。因为企业有这些权利他们欠公众义务采取负责任的行动。企业经理的决策不应只关注利润。承担社会责任是企业的长远利益。法学是必要的,因为,尽管人们知道更好,他们并不总是遵循伦理准则。道德原则可以告诉我们什么是正确的,但不能阻止我们做错了。公司的声誉,所以,我认为最好是做一些补偿。
In my opinion, this topic is mainly about consideration. Mary Jane, the sole owner of Elite Advertising Services, told Peter Parker: “I look forward to working with you.  Please let me know if I can help you prepare for your move to Washington D.C.” At the same time, Peter Parker think it is an offer and he decided to quit the job and moved to Washington D.C. So is it legal for Peter to sue Mary Jane to recover the cost of moving expenses from Mary Jane? This is the most important question.
Firstly, is what Mary Jane did an offer? Offer means a proposal freely made by one party to another indicating a willingness to enter a contract. However, there are three basic requirements of an offer:serious intent, clear and reasonably definite terms and communication. In this case, it is obvious that they lack serious intent and clarity and reasonably definite terms. Actually, the offeror’s words must give the offeree assurance that a binding agreement is intended. And clarity and reasonably definite terms mean that the terms of an offer must be sufficiently clear to remove any doubt about the contractual intentions of the offeror. However, most courts require reasonable rather than absolute definiteness. As we learned, it is necessary that the parties involved in the contract, the goods or services that will be the subject matter of the contract, the price the offeror is willing to pay or receive and the time required for the performance of the contract.
However, most courts require reasonable rather than absolute definiteness. So can it be a official offer? I don’t think so . The word can not even be considered as a promise because we can understand it as a comfort. The sentences can be understand as you did not pass the interview although we appreciate you as our candidates but we already have a better choice. And the next sentence may be just to show his respect and politeness.
Secondly, let us talk about acceptance which means the offeree agrees to be bound by the terms set up by the offeror. However, Peter Parker didn’t say to Mary Jane anything about his understanding about his sentences and quit the job by his own. So, he thought it is a acceptance, but it’s just a behavior like imaging himself as the winner.
In our study, the definition of consideration is the mutual promise to exchange benefits and sacrifices between the parties. The most important thing is that both party need to know the thing, however, it is not like in this case.
Therefore, in my opinion, Peter Parker can not sue Mary Jane to recover the cost of moving expenses from Mary Jane in the framework of law.
However, at the same time, ethics also play a important role in our society. Because corporations have these rights they owe an obligation to the public to act responsibly. Decisions of corporate managers should not be narrowly focused on profits. Accepting social responsibility is in the long-term interest of the corporation. The law is needed because, although people know better, they do not always follow ethical principles. Ethical principles can tell us what is right, but cannot stop us from doing wrong. So, i think for corporate reputation, it is better to make some compensations.

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