Module 3 Discussion Until 1677 And The Creation Of The Statu ✓ Solved

Module 3 Discussion Until 1677 and the creation of the Statu

Module 3 Discussion Until 1677 and the creation of the Statute of Frauds in England, all contracts could be either written or oral and yet be equally binding on the parties. After 1677, the law required certain types of contracts (such as contracts to buy or sell land) to be both made in writing and executed with the physical signatures of all of the parties involved. At any time thereafter, either party could challenge authenticity of the physical signature of his/her own handwriting or the handwriting of the other party. Recently, with the increase of eCommerce, electronic signature (non-physical) has become as equally binding as the physical signature with severe limitation allowed in challenging the authenticity. Has this developed out of necessity, or have we simply moved too far with the law accommodating the digital age?

Module 4 Discussion Read the ETHICS section of your text on page 255. This section describes a case in which a paralegal who had been orally promised a bonus of $1,065,000 was deprived of the bonus in a dispute because no written agreement existed as to the bonus as would have been required by the Statute of Frauds. That an agreement was had was beyond dispute, because there existed a (secret) recording detailing the promise of the bonus between the paralegal and his/her employer. As your text explains, the Statute of Frauds requires certain types of contracts (such as contracts to buy or sale land) to be both made in writing and executed with the physical signatures of all of the parties involved. This requirement was clearly not met. Further, the undisclosed recording of the agreement constitutes a crime. Was a fair result handed down in this matter? What, if anything, would you do to modify the Court's decision?

Module 5 Discussion The Civil Rights Act of 1964 was created to protect against discrimination what Congress considered to be the five most important classes of persons needing protection. These classes came to be known as the "Big Five" and included Race, Color, Sex, Religion, and National Origin. Do you think that these five classes are the most important classes, or would you have chosen other classes such as Age, Sexual Orientation, etc.? Explain and defend whether you are in agreement or not.

Module 6 Discussion The English Common Law allows for three primary forms of business entities: The sole proprietorship, the general partnership, and the corporation (although there are many variations of each type). Each type of business has a very distinct set of advantages and disadvantages. If you were a business owner today, which form of business would you prefer to own and why? As an employee, which type of business would you prefer to work for and why? Please explain in detail with your specific reasons.

Paper For Above Instructions

Introduction

This paper responds to four related prompts: (1) the historical change from oral to written signature requirements after the Statute of Frauds and whether modern electronic signatures represent necessary legal evolution or overreach; (2) an ethical/statutory dispute where a paralegal lost a promised bonus because the Statute of Frauds required a writing and the only corroboration was an unlawful secret recording; (3) evaluation of the Civil Rights Act "Big Five" protected classes and whether additional classes should have priority; and (4) personal preferences for business entity choice as owner and as employee. Each section integrates legal principles, policy considerations, and practical recommendations.

1. Statute of Frauds, Electronic Signatures, and Legal Evolution

The Statute of Frauds (1677) sought predictability by requiring certain contracts be written and signed to reduce fraud and perjury (Statute of Frauds, 1677). The move toward electronic signatures through UETA (1999) and the federal E-SIGN Act (2000) reflects technological necessity: commerce increasingly occurs online, and insisting on ink signatures would cripple modern transactions and commerce efficiency (UETA, 1999; E-SIGN Act, 2000). Courts and legislatures adopted rules recognizing electronic signatures as valid so long as intent, consent, and record retention standards are met (Specht v. Netscape, 2002).

However, the law must balance convenience against evidentiary reliability. Where digital systems provide robust audit trails, encryption, and identity verification, electronic signatures can be as reliable as handwritten ones (Cornell LII, n.d.). Problems arise when signatures are easily spoofed or when platforms lack authentication. Thus, the legal accommodation is largely necessary and justified, but it must be paired with rules that preserve evidentiary safeguards (e.g., admissible metadata, authentication standards) rather than blanket equivalence without context (E-SIGN Act, 2000; UETA, 1999).

2. The Paralegal Bonus Case: Fairness and Recommendations

The paralegal’s loss—despite a recording that proved an oral promise—reflects tension between statute, evidence, and ethics. The Statute of Frauds prohibits enforcement of certain unwritten agreements to prevent fraud, and courts generally exclude illegally obtained evidence (e.g., secret recordings that violate criminal law) (Statute of Frauds, 1677). Given the recording was undisclosed and illegal, the court’s strict application of statute and evidence exclusion rules appears legally defensible (Cornell LII, n.d.).

Yet, from a fairness and policy perspective, the outcome feels problematic where one party unjustly benefits from the other's misconduct. A measured modification would protect statutory integrity while allowing equitable relief in narrow circumstances: courts could apply doctrines such as equitable estoppel or unjust enrichment to prevent clear injustice when (a) the defendant’s conduct induced reliance, (b) enforcement does not violate the core purpose of the Statute, and (c) admitting the illicit evidence would be narrowly tailored and accompanied by appropriate sanctions for the illegal recording (e.g., criminal referral, limited admissibility). This approach respects evidentiary rules but prevents an employer from profiting from its own ethical or criminal failures (Cornell LII, n.d.; Posner, 1998).

3. Civil Rights Act “Big Five” and Modern Protected Classes

The Civil Rights Act of 1964 focused on Race, Color, Sex, Religion, and National Origin because these categories reflected the most pervasive and institutionalized discrimination of that era (EEOC, n.d.). Over time, recognition of other vulnerable classes—age, disability, sexual orientation, gender identity—has increased, leading to additional statutory protections (e.g., Age Discrimination in Employment Act; Americans with Disabilities Act) and evolving interpretation under Title VII (EEOC, n.d.).

I agree that the original “Big Five” were appropriate priorities for that historical moment, but modern anti-discrimination policy should be more inclusive. Protections for age, disability, and sexual orientation/gender identity are critical today because they reflect systemic disadvantages in employment, housing, and services. Where feasible, statutes should be implemented to cover these classes directly or through interpretive guidance so victims have clear remedies (EEOC, n.d.). Expanding protected classes enhances social equity while preserving the clarity of anti-discrimination law (EEOC, n.d.; Posner, 1998).

4. Preferred Business Entity: Owner vs Employee

As a business owner today I would prefer to form a limited liability entity—most likely an S corporation or an LLC taxed as an S corporation—because it balances liability protection, tax flexibility, and credibility with customers and investors (SBA, n.d.; IRS, n.d.). Corporations (or LLCs) limit personal liability, facilitate capital raising, and enable predictable governance structures, which matter for growth. The slight administrative burden is outweighed by risk mitigation and tax-planning benefits (SBA, n.d.; Posner, 1998).

As an employee, I would prefer to work for a well-managed corporation with clear HR policies, benefits, career paths, and strong compliance frameworks. Corporations often provide stable pay, benefits (health, retirement), training, and legal infrastructure that protects employee rights and offers advancement. However, startups or small businesses organized as LLCs or partnerships can offer faster advancement and equity participation; these tradeoffs depend on career goals and risk tolerance (SBA, n.d.; IRS, n.d.).

Conclusion

In sum, legal changes recognizing electronic signatures are largely necessary given modern commerce, but they require robust authentication and evidentiary rules (UETA, 1999; E-SIGN Act, 2000). The paralegal bonus case illustrates a need for equitable remedies that prevent parties from escaping obligations through technical or illegal acts while preserving statutory safeguards. The Civil Rights Act’s original “Big Five” were historically apt; today, law and policy should deliberately extend strong protections to additional vulnerable groups. Finally, limited liability entities (LLCs or S corporations) are preferable for owners seeking growth with risk protection, while employees often prefer established corporations for stability and benefits (SBA, n.d.; IRS, n.d.).

References

• An Act for Prevention of Frauds and Perjuries (Statute of Frauds), 1677 (29 Car. II c. 3).
• Electronic Signatures in Global and National Commerce Act (E-SIGN Act), Pub. L. No. 106–229, 114 Stat. 464 (2000).
• Uniform Electronic Transactions Act (UETA), National Conference of Commissioners on Uniform State Laws (1999).
• Specht v. Netscape Communications Corp., 306 F.3d 17 (2d Cir. 2002).
• Cornell Law School Legal Information Institute (LII), "Statute of Frauds" and "E-SIGN Act" summaries. Available at: https://www.law.cornell.edu
• U.S. Equal Employment Opportunity Commission (EEOC), "Title VII of the Civil Rights Act of 1964" guidance. Available at: https://www.eeoc.gov
• U.S. Small Business Administration (SBA), "Choose your business structure" guidance. Available at: https://www.sba.gov
• Internal Revenue Service (IRS), "Business Structures" overview. Available at: https://www.irs.gov
• Posner, R. A., Economic Analysis of Law, 5th ed. (1998). Chicago: Aspen Publishers.
• National Conference of State Legislatures and American Bar Association resources on electronic signature standards and evidentiary issues (various reports, 2000–2020).