...Many issues arise in businesses, and promises or offers in return for “new business” or some of other sort of return doesn’t always end up working out well. Ethical and law issues could arise out of miscommunication, false promises, or as simple as forgetfulness or carelessness. Bob was nice enough to offer $1000 as a thank you to Martha; it was a nice gesture/promise, what Bob didn’t realize is he “offered” to pay $1000 to Martha and Martha accepting it that means that there was a “Meeting of Minds”. He has made a contract and is entitled to paying Martha off. Ethically speaking up until this point, Bob has been generous and kind, the issue is he got really busy and has forgot about his “Promise” which is really a contract that he can be held liable for. Now Martha has gotten really irritated she sacrificed a sale in order to help Bob’s business, and in return she hasn’t received the $1000 that she was promised. She decided to grumble at the association they are both members and are a part of, and said that “Bob doesn’t keep his promises”, which is a very unethical approach as she doesn’t know that Bob has forgotten about the promise he made. Aside from that, she could have asked him for that money or reminded him of the promise that he has made, but instead the statement she made could affect Bob’s business and his credibility in the association. What’s “fair” and “just” for both parties? We should make sure that good & bad consequences are distributed fairly...
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...2010 Benny Van Calster – EMBA 2009-2011 AMS - Take Home Exam – Global Business Law & Ethics [GLOBAL BUSINESS LAW & ETHICS – PROF. DONALD MAYER] Take home exam for course of Global Business law & ethics. Based on teaching notes & B. Nelson book. Q1 of CVD CASE -> State why Karl Mann’s boss has provided advice that was ethically & strategically to be ignored … + Why is digging a shallow trench a poor choice? We have clearly seen in the course that the legal and ethical behavior of an organization and its employees should support the long-term business strategy. It is imperative that ‘sustainable growth’ is the driving force of any organization… and this should be based on the People-Profit-Planet structure we have reviewed in the course. If we look to the advice of Karl Mann’s boss we could analyze it as following: 1. Profit: the decision/advice will support the short-term goal of profits, but not in a foreseeable and sustainable way; the risk which is embedded in his advice (i.e. possible death of people) is too high for the corporation! If something happens with injuries of workers the reputation of the corporation is damaged as such that the long-term profit is at risk… 2. People: this is clearly not the right advice in order to prevent damages and injuries at the people side. He reckons there have been accidents with dead people before, and still advices to go down that route ..; clearly an unethical decision where he –on purpose- risks the life of his workers. This...
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...being imitated in the prank call. We can also take another feature for the calculation of the amount of happiness being generated, for example, the duration of happiness (Low, 2013). The duration of the unhappiness is longer than happiness because people who are unhappy tend to take a longer time to recover from that unhappiness. The happiness that the listeners have only will last during the few minutes of the broadcast or maybe a few minutes after as well. The total amount of happiness will still outweigh the total amount of unhappiness because the extent of happiness far exceeds and dominates the net amount of happiness. Therefore, it will be ethical to broadcast the prank call based on utilitarianism. * Kantian Ethics Based on Kantian Ethics, the duty of the radio station is to gain listeners by letting listeners enjoy listening to the radio station and also have a higher rating as compared to other radio stations. To be morally permissible, the rule: ‘if I were to broadcast this prank call, I will be able to entertain listeners and gain higher ratings.’ is able to conform to the categorical...
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...| | Business Law and Corporate EthicsBe Careful What You Sign| | Tiffany Sigala| 7/30/2014| The purpose of this essay will be to state my opinion of which country the dispute should be handled in.| If Letisha does not pay and Sudson sues her for breach of contract, what legal arguments could be raised in Letisha’s defense against the enforcement of the automatic renewal clause? According to definitions.us.legal.com, some state and local laws do not enforce automatic renewal clauses are. Without knowing what state or locality she lives in, it would be hard to tell for sure if this fact would help her or not. It is important to not only read the full contract before signing it, but also consult state and local laws. In an article found on www.kirchenbaumesq.com[->0], sometimes a renewal clause that shocks the court might not be enforced. This might be something that works in Letisha’s favor because part of Sudson’s renewal clause is that the lease will renew for three terms of five years each, which seems a bit outrageous. The same website says that some states also require companies to send out a notice advising customers of the provision for automatic lease renewal. It does look like Letisha may have a couple of ways that she might be able to get out of paying Sudson’s for another fifteen years. What legal arguments could be raised by Sudson in support of the enforcement of the automatic renewal clause against Letisha? The only argument I can find is that...
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...Ethics is mainly concerned with what is good versus bad, what is right versus bad, what is fair versus unfair, and what is praise versus blame. Deontology is an ethical theory that holds that actions are right or wrong independent of their consequences (Jennings, 2010, p. 27). Utilitarianism is an ethical theory that holds that actions are right if they produce the greatest amount of good for the greatest number of people. Justice based on giving each individual his or her due, treating equals equally and unequal unequally. Fairness focus on individuals, and giving them what they deserve based on merit that can be distributive, procedural, compensatory, and retributive. Business ethics is the moral principles and standards that guide behavior in the world of business (Jennings, 2010). Corporate social responsibility is the obligation toward society assumed by business. The business maximizes it positive effects on society and minimizes it negative effects. An illustration of an ethical and social responsibility issue related to the textile manufacturing business. In today’s global business, where large multinational corporations like the textile industry face charges of violating human rights in third world countries. Using child labor questions the human rights, ethics, and social responsibility of the textile manufacturing industry. An analysis of how the textile manufacturing illustration applies to decision-making and operations in an ethical and social responsible business...
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...Examining the Application Business Ethics and Laws in the Tobacco Industry Abstract “Ethics is not something exterior to the economy…rather, ethics is and interior principle of the economy itself, which cannot function if it does not take account of the human values of solidarity and reciprocal responsibility.” (Pope Benedict XVI) I agree with Pope Benedict. Ethics deals with values that relate to the nature of human conduct and values associated with that conduct. In today’s business environment it is critical to understand the relationship between ethics and business law as ethical behavior and corporate responsibility are more important than ever. It has been argued that good ethics within an organization equate to good business, although good ethics are not required to be successful in business. This examination will put a spotlight on the role of ethics in the business environment, with a particular look at the application of ethics in the tobacco industry. Keywords: ethics, business ethics, natural law, tobacco Examining the Application Business Ethics and Laws in the Tobacco Industry “Business transactions are completed through a combination on values of the parties and the laws that reflect those values and the importance of ones word in business.” (Twomey & Jennings, 2014, p. 33) Business ethics examine an organizations ethical principles and potential moral and ethical dilemmas. In a general sense, business ethics is the application of moral and...
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...not saying anything is justified under egoism. Utilitarianism To solve a dilemma under utilitarianism, all the positives and negatives must be evaluated in order to ascertain what will give the greatest good. The following are positives and negative if Kate chooses not to alert authorities of the contamination. Positives: Kate’s job will be safe as Ben threatened her that she may be fired if she pursues the matter. Ben and the restaurant owner would be pleased as any bad publicity associated with the restaurant could severely affect business. Bad publicity may also force employees to become retrenched, including Kate and the close friends she has made at her work. Furthermore, the risk that anyone has contaminated milk is miniscule, and lastly, FSA inspectors won’t disrupt Service because they won’t be called out. Negatives: Innocent members of the community may become seriously ill if they consume contaminated milk. Business productivity could be adversely affected if restaurant patrons become ill, resulting in very bad publicity for the restaurant. Kate may also suffer guilt in not speaking out if people become ill. Looking at the positives and negatives, Kate not saying anything would serve the greater good. This can be measured using...
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...COMM 315 Business Law and Ethics 07-Jan-08 |Law: |Ethics: | |if it’s not written it’s not law |norms | | |cultural values | | |if behaviour results in the greater good then it’s ethical | Class exercise: Trying to define legal versus ethical (class asked to provide examples of where legal/illegal/ethical/unethical meets): | |Ethical |Unethical | |Legal |Stopping at a red light |War | | |Paying taxes |Adultery* | | |Paying > minimum wage | | |Illegal|Abortion (still on the books as illegal, but many exceptions |Drug dealing (~half of class didn’t think it was bad, re/ | | |as to when it may be performed) |marijuana) ...
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...Business Entities, Laws, and Regulations Paper BUS/415 Business Entities, Laws, and Regulations Paper Businesses can range from the small mom and pop shops to worldwide corporations. Either way when establishing a business a decision will need to be made regarding the type of entity to use; sole proprietorship, general partnership, limited partnership, limited liability company (LLC), limited liability partnership (LLP), franchise, or corporation. Fortunately, there is guidance, tools, tax accountants, and lawyers to help make the right decision. To understand the different options available to entrepreneurs’, a review of two entirely different businesses should add insight. Mei-Lin is a manager for Surebuild, Inc. a construction company. Mei-Lin is trying to fill an open position for a jackhammer operator. Frank owns Bug Be Gone, Inc. and would like to open up franchises across the United States. Each business will be governed by some of the same laws, but there will be difference between the two businesses. Surebuild, Incorporated Surebuild, Inc. needs to hire a jackhammer operator, which requires a high school diploma. Three of the applicants being considerate have jackhammer experience but not all of them have high school diplomas. Applicant A is a 35 year old female, who appears to be pregnant, has jackhammer experience, and is a high school graduate. Applicant B is 55 year old male, has experience operating a jackhammer, but does not have a high...
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...Business Law One source of American law is Administrative law, which: • consists of rules, orders and decisions of administrative agencies • Now affects almost every aspect of a business’s operations • Is both state and federal Regarding case law, which is one source of American law, which of the following is NOT true? Case law is: • Based on a particular case decided in 1787 One particular uniform law which promotes commerce was first issued in 1952, and has been adopted by all fifty states. It is: • The Uniform Commercial Code In early English legal history, two separate court systems of law and equity existed. Nowadays, these two systems have been: • Merged International law is defined as: • A law which applies to more than one nation • A body of written and unwritten laws • A law which included customs developed among nations President Woodrow Wilson negotiated the treaty that ended World War I, but Congress refused to ratify the treaty. This event exemplifies the principle of: • Checks and balances The Supreme Court's decision in Gibbons v. Ogden expanded the power of the national government to: • Regulate equal protection to all citizens By enacting fire and building codes, parking regulations, and zoning restrictions, state and local governments are exercising: • Police Powers Rhonda decided to put in a big garden this year, almost all of which was wheat. She wants to grow enough wheat to make bread flour, so that she will have bread for the entire...
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...like to run my own business , I want to be in charge, set my own hours and days that I want to work. Not to mention the fact that I think I will make more money and be on the road to financial freedom. I have five children to support with no help so that also is a reason for me to at least try to open a business for our future , if I’m successful I can turn it into a family business. Also I think this would be good for my children. I would like to open a housekeeping and janitorial business. I think I will open my own business, it’s just a matter of time and funding. I have a plan to apply for a business loan, as soon as I get my credit score a little higher to make sure I get the loan approved for maximum funding. Once funding is approved I would start off by creating an online website, making business cards and flyers. My website would give information about my business and clients would be able to book appointments online as well. I will be advertising my business not only online, flyers, business cards but also by word of mouth. I would start off home based until clientele picks up and once I’m ready for expanding I will rent an office. That will happen once I hire some employees. I would start off with one van, purchase all my equipment and supplies. I would need at least two vacuum cleaners, mops, brooms, dusters, buckets, towels, dust pans, a van and all my cleaning supplies. My overhead is not that expensive, once I build clientele I think my business will be very successful...
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...Assignment 9 As I come to the end of my sophomore year, I have a good understanding as to where I want my life to go in regards to my career. I plan on double majoring in Journalism and Media Studies as well as Human Resource Management. Over the course of the year we have taken multiple personality tests that have highlighted aspects of our personalities and guided us to specific careers that would fit those personality traits. The Myers Briggs test revealed that I am a “seller” and very sociable. Career Interests Profile explained that I am kind of person who likes assisting others, and I enjoy social interaction and helping people overcome their personal problems. The interest profile from O*Net rated me with a score of 34 for being social, a 31 for enterprising, and a 30 for artistic. As I reflected back on this information, I understood that it suited me very well. I am going to utilize the personality traits that the tests pointed out in my future career. The ideal career that I am striving towards is to write for a famous fashion magazine. The personality tests that I took pointed out characteristics that will be very useful in my future plans to reach this goal. A magazine writer must be social and outgoing in order to get news that is of interest to readers. As mentioned before, the Myers Briggs test revealed that I ultimately am very social and am a “seller.” The Career Interests profile said I enjoy social interaction, which obviously is a very important characteristic...
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...FACTS: Luke is an employee of ABC Company and is involved in the division that deals with recently purchased land. ABC has just acquired a new piece of land with plans to build an adult entertainment retail store, which is located quite close to where Luke’s brother, Owen, lives. Because of the new land acquisition, property values surrounding this land will significantly decrease in the future. Luke and the rest of ABC Company are aware of this, but ABC does not have plans to announce this news for another month. A week ago, however, Owen reached out to Luke about wanting to sell his house as he had received an offer to sell it at a decent price. Owen is still debating with himself whether to sell it or not, but he has not made a decision yet. ISSUE: Luke is a loyal employee and does not want to risk a breach of confidentiality with ABC, but he is also genuinely concerned about the well being of his brother. Selling the house now would mean potentially higher profits for Owen. A dilemma exists about whether or not Luke should tell his brother about the upcoming building of the adult entertainment store, which would decrease the property value of the house he is trying to sell versus disrespecting ABC Company and their confidentiality agreement. Should Luke protect his brother and advise him to not sell his house or should he respect ABC Company and keep the information to himself until it is publically announced? It is clear there is an ethical dilemma in this situation:...
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...Chapter 1 Today’s Business Environment: Law and Ethics 1. Which of these issues may impact a company’s operations? a. international issues b. political issues c. ethical issues d. legal issues e. all of these issues can impact operations ANSWER: e (page 3-4) National: AACSB Analytic; Diversity; AICPA BB-Legal 2. Which area of law is most likely to impact directly the finance and accounting departments of a company? a. products liability b. employment discrimination c. credit regulation d. environmental law e. all of these are likely to impact about the same ANSWER: c (page 3) National: AACSB Analytic; AICPA BB-Legal 3. Which is generally recognized as the best (most correct) definition of law? a. a body of rules of action or conduct prescribed by controlling authority, and having binding legal force b. that which must be obeyed and followed by members of a society subject to sanctions or legal consequences c. the circumstances in which the public force is brought to bear through the courts d. a rule of conduct that justifies a prediction that it likely will be enforced by the courts if its authority is challenged e. all of the other choices are correct; there is no one agreed upon...
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...Business Entities, Laws and Regulation Paper Earnestine Pearson BUS/415 April 23, 2012 Tony Cardillo A entrepreneur according to Cheeseman, 2010, “is a person who forms and operates a business” (p. 250). In opening and starting a business, an individual will have to decide what type of business to form, and if he, she, or they is qualified to do. Individuals must also be able to determine the different forms of business organizations. These forms include: sole proprietorship, general partnership, limited partnership, limited liability partnership, and corporation. According to Cheeseman, 2010, “the selection of business forms has many factors to depend on. Factors including the ease of cost of formation, the capital requirements of the business, the flexibility of management decisions, government restrictions, personal liability, tax consideration, and the like” (p,250). In this paper, I will also discuss three scenarios: Business Professional Practices, the Extermination Business, and the Construction scenario. I will discuss the business entity of each scenario, the taxation of each scenario, taking charge, liability issues that each business must consider, identify the laws and regulations, and risk associated with each scenario. Professional Practice This scenario is about two friends Akiva and Tara who wants to open a birth clinic together. They have both completed all of their educational and experimental requirements of becoming obstetricians. Before they...
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