Discussion questions

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DISCUSSION QUESTIONS

Discussionquestions

Discussionquestions

PARTA

Aseller should not be permitted to cancel a contract for the sale ofreal estate because he or she has “seller’s remorse.” Once aseller enters into a contract for a real estate with a prospectivebuyer, the seller is bound by the components of that contract until asale is made. Despite entering into a contract, a seller may feelremorseful after entering into a contract because of many reasonssuch as the high costs of repairs, the sale price, and otherpsychological reasons. In this regard sellers need to look out forcontingencies or conditions that would support their reason. However,if there is no condition in favor of the seller, he or she might befaced with breach of contract.

PARTB

TheCoca-Cola Company wins this domain dispute because it has all thelegal arguments including the product trademark. It is thereforereason enough, why the domain classiccoke.com should be transferredand cancelled from Francis to them. In addition theAnticybersquatting Consumer Protection Act allows the Coca-ColaCompany to take over the domain from Francis. However, it isimportant for the company to establish without reasonable doubt thatFrancis registered the domain in bad faith. This means that thecompany may file a civil action against Francis as established thatshe only registered the domain for the intention of selling it andultimately making a profit.

Moreoverthe Coca-Cola Company may choose the direction of the Uniform DisputeResolution Process since it is a much quicker and cheaper to reclaimthe domain name. The judicial or court system may sometimes be along, tedious and expensive process. However, it is important to notethat the courts may overrule the Uniform Dispute Resolution Process’sdecision. By applying to the Uniform Dispute Resolution Process, theCoca-Cola Company may be able to successfully secure the domain nameby paying regular fees that are meant to renew it. These fees areimportant as they avert the possibility of losing the domain name tosomeone else.

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