Is this a case where using the nuclear option is simply a good, hard-nosed business practice? Are there any circumstances you could articulate under which Manager has no legal obligation but does have an ethical obligation to Owner?

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Business Ethics Perspective

Read the “Business Ethics Perspective” regarding Good Faith and the Nuclear Condition Option in Chapter 7 (p 217).

1. Briefly present the facts of the case.

2. Answer questions 1-5 with support for your argument from the concepts discussed in the text.

Clear case studies will present an analysis of the facts with the law, and the most likely outcome for full credit.

BUSINESS ETHICS PERSPECTIVE
Good Faith and the Nuclear Condition Option
Note that while the law imposes a good faith requirement on all contracting parties, as a practical matter the law may also protect those who are ostensibly acting in good faith but may have unethical motives. In some contracts, the parties agree to a conditional clause sometimes known as a nuclear condition, that is, a clause whereby one party may cancel the contract completely if a condition is not met to that party’s subjective satisfaction. Consider the case in which the president of Widget Co assigns Manager to purchase a piece of real estate. Manager enters a contract with Owner for the sale of a piece of commercial real estate. Manager insists that the contract contain an “acceptable financing” clause as follows: “As a specific condition precedent to Widget Co’s obligation to close, the parties agree that Widget Co must obtain financing for the transaction on terms and conditions acceptable to Widget Co in Widget Co’s sole discretion.””
After entering into the agreement with Owner, the president notifies Manager that Widget Co is no longer interested in the property and that Manager is to use all “legal means” necessary to break the contract with Owner. Assume that Manager also learns that Widget Co is able to obtain financing on extremely favorable terms according to industry standards.
1. Given that the contract requires that any financing terms must be acceptable to Widget Co, what are Manager’s legal obligations to go through with the transaction? Does this differ from Manager’s ethical obligations?
2. Is it possible for Manager to comply with the good faith requirement and still avoid the contract with Owner?
3. Recall the discussion of ethical decision-making models in Chapter 5, “Business Ethics, Corporate Social Responsibility, and Law.” How could these models help guide Manager’s course of action?
4. Assume that the president orders Manager to lie on the loan application, thereby ensuring that any financial institution will reject the loan application. Note that lying on a bank loan application is a crime. What are Manager’s options at that point?
5. Is this a case where using the nuclear option is simply a good, hard-nosed business practice? Are there any circumstances you could articulate under which Manager has no legal obligation but does have an ethical obligation to Owner?

To what extent is the existing economic theory and taxonomic framework, which identifies consumers as ‘average’, ‘vulnerable’, ‘informed, or ‘confident’, useful for regulation?

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CONSUMER LAW COURSEWORK

Answer the question below.

To what extent is the existing economic theory and taxonomic framework, which identifies consumers as ‘average’, ‘vulnerable’, ‘informed, or ‘confident’, useful for regulation?

With reference to case law and academic commentary, critically discuss the impact that Prest has had in the area of lifting the corporate veil.

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COMPANY LAW COURSEWORK

Answer the question below.

‘The Supreme Court’s judgment in Prest v Petrodel [2013] UKSC 34 has been at the centre of attention for almost a decade. Although the judgment talks about the doctrine of lifting the veil being an “incoherent label” (para 106 per Lord Walker), there seems to be a growing consensus that Prest has revived and re-established the Salomon principle instead of undermining it or calling for its abolition.’

With reference to case law and academic commentary, critically discuss the impact that Prest has had in the area of lifting the corporate veil.

Under what doctrine might Radio Shack be held liable for the tort committed by Richmond? What is the key factor in determining whether Radio Shack is liable under this doctrine?

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Writers Choice

Legal ‘ Ethical Scenarios
Select two of the scenarios provided below. Analyze the facts in the scenarios and develop appropriate arguments/resolutions and recommendations. Support your responses with appropriate cases, laws and other relevant examples by using at least one scholarly source from the SUO Library in addition to your textbook for each scenario. Do not copy the scenarios into the paper. Cite your sources in APA format on a separate page. Submit the paper to the Submissions Area by the due date assigned.

Scenario I: Employment Law
Carole Smith, an Apostolic Christian, worked as sales associate at Nickels Department Store. One afternoon, during a break, Smith participated in a conversation about God, homosexuality, and same-sex marriages. The next day, an employee told the manager that Smith made inappropriate comments about gays to Casey, a Nickels employee who was gay. Over the next five weeks, Nickels investigated the incident by interviewing and obtaining statements from employees who were present during the conversation. In his statement, Casey reported that Smith pointed her finger and said that God does not accept gays, that gays should not be allowed to marry or have children, and that they will burn in hell. Three employees confirmed Smith’s statements.

Nickels terminated Smith's employment after concluding she had engaged in serious harassment in violation of its Discrimination and Harassment Prevention Policy. This policy, of which Smith was aware, prohibits employees from engaging in conduct that could reasonably be interpreted as harassment based on an individual's status, including sexual orientation, and provides that employees who violate the policy will receive "coaching and/or other discipline, up to and including termination.” Nickels has "zero tolerance" for harassment "regardless of whether such conduct rises to the level of unlawful discrimination or harassment" and treats serious harassment as gross misconduct and grounds for immediate termination.

Smith filed suit, alleging her termination for stating that gays should not marry and will go to hell—a belief that she maintains is an aspect of her Apostolic Christian faith—constitutes unlawful discrimination under Title VII. Is she correct?
If Smith posted the same information on her Facebook page but omitted references to the specific employee, would the outcome of her lawsuit for wrongful termination change?

Scenario II: Professional Torts
Medical malpractice is negligence committed by a physician or a pharmacist. Present an actual case of medical malpractice filed in your state court system or in the federal district court in your state. You must read the actual case and not an article about the case. You may find the case by first reading the article by researching the South University Online Library or a scholarly source on the Internet, but you will need to read and cite the actual case to receive credit.

Accordingly, respond to the following questions:

Summarize the facts of the case.
Provide your state’s law or regulation relating to malpractice by physicians or pharmacists.
Discuss the outcome of the case.
Explain whether you agree with the verdict. Why or why not?

Scenario III: Agency, Employment and Torts
Brenda Byars, on her way to a business meeting and in a hurry, stopped at a Radio Shack to pick up a new car charger for her smartphone. There was a long line at one of the checkout counters, but a cashier, Phyllis Richmond, opened another counter and began loading the cash drawer. Byars told Richmond that she was in a hurry and asked Richmond to work faster. Instead, Richmond slowed her pace. At this point, Byars hit Richmond.

It is not clear whether Byars hit Richmond intentionally or, in an attempt to retrieve the car charger, hit her inadvertently. In response, Richmond grabbed Byars by the hair and hit her repeatedly in the back of the head, while Byars screamed for help. Management personnel separated the two women and questioned them about the incident. Richmond was terminated immediately for violating the store’s no-fighting policy. Byars sued Radio Shack, alleging that the store was liable for the tort (assault and battery) committed by its employee.

Under what doctrine might Radio Shack be held liable for the tort committed by Richmond?
What is the key factor in determining whether Radio Shack is liable under this doctrine?
How is Radio Shack’s potential liability affected by whether Richmond’s behavior constituted an intentional tort or a tort of negligence?
Suppose that when Richmond applied for the job at Radio Shack, she disclosed in her application that she had previously been convicted of felony assault and battery. Nevertheless, Radio Shack hired Richmond as a cashier. How might this fact affect Radio Shack’s liability for Richmond’s actions?

Discuss the two main ways that corporations are financed?

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CASE STUDY

Party A graduated from business school and has learned the details about running a successful business. He is ready to utilize his education and does not want to work for anyone. Party A had decided to sell the fifty thousand rulers that his Uncle gave him. He knows that he will have to purchase additional supplies. You are his business advisor, and he wants to know how he can raise the money to finance his business and if he should take out a loan.

Discuss the two main ways that corporations are financed?

 

 

Choose one of these behaviors and tell us how efforts to prohibit provide examples of “conflict” and/or “consensus.” Provide specific examples to support your view. Be prepared to defend your arguments with scholarly literature.

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Conflict or Consensus?

Background:
This discussion requires some personal reflection. Our society offers many opportunities to define ourselves as “conservatives” or “liberals.” While the terminology is inaccurate, most of us know where we fall along this spectrum. Some of us are also very libertarian, an ideology that doesn’t always fit the conservative/liberal dichotomy. We also have personal views and ideologies about crime and justice, similar to other political perspectives, but defined in different ways. These personal views and ideologies will impact how you interact with the assigned readings and everything in this classroom.

This week we learn about “conflict” and “consensus” perspectives. These theories provide another way to categorize our ideological perspectives. While both are active, many of us lean one way or another. Critical theorists (such as myself) tend to see the impact of power everywhere we look. I know we vote (gerrymandered as it is), and the U.S. Government is structured to provide the opportunity for consensus, but it doesn’t seem to work as we would like. However, some will argue that all policymaking is consensus. Without agreement, we cannot pass laws. Everyone’s voice was heard, and both sides are equally mad, so we have consensus.

Assignment:
Consider the following behaviors prohibited by law: speeding, shoplifting, marijuana use, prostitution, and murder.
Choose one of these behaviors and tell us how efforts to prohibit provide examples of “conflict” and/or “consensus.” Provide specific examples to support your view. Be prepared to defend your arguments with scholarly literature.
Which perspective do you think is dominant in our society?
Does your perspective affect the way you look at the world?

The video link and additional resources:

Difference between Consensus and Conflict Theory

http://www.unm.edu/~soc101/orderandconflict.htm
https://www.public.asu.edu/~sshutte/documents/Shutters_Cutts_ICCCD08.pdf

What changes have you seen that the current administration has made in an effort to change the previous administrations deregulation strategies.

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DISCUSSION ESSAY

Do you believe that political parties have an impact on rules and regulations.

Do you believe a party is more in favor of deregulations and the other pushes for more regulations. In your own opinion, explain how each party affects rules and regulations.

What changes have you seen that the current administration has made in an effort to change the previous administrations deregulation strategies. Lastly, do you prefer having environment of regulations or deregulations and allowing business owners to lead their businesses at their own risk.

 

What kind of relationships are fiduciary trust relationships? Answer in 2-3 sentences.

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Types of relationships

Discussion : What kind of relationships are fiduciary trust relationships? Answer in 2-3 sentences.

 

How should the English courts address conflicts between its domestic precedents and subsequent decisions of the ECtHR in the light of Kay v Lambeth?

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An Example Research Proposal

 Topic: The Human Rights Act and the Doctrine of Precedent

 Background:

This dissertation will consider how the English courts do and ought to address conflicts between its domestic precedents and subsequent decisions of the European Court of Human Rights (ECtHR). When such conflicts have arisen, the lower courts have followed prior domestic decisions even when convinced that they will be overruled on appeal on basis that the appeal court will inevitably follow a subsequent decision of the ECtHR.[1]  This is despite section 2(1) of the Human Rights Act 1998, which requires domestic courts to take account of any relevant Strasbourg judgment or opinion when determining a question in connection with the rights in the European Convention of Human Rights (the Convention rights).  The leading authority on this issue is Kay v Lambeth.[2] There has been relatively little written about this case and its subsequent application.[3]

 

Research question:

How should the English courts address conflicts between its domestic precedents and subsequent decisions of the ECtHR in the light of Kay v Lambeth?

 

Methodology

This dissertation will consider the meaning and defensibility of the approach of the House of Lords in Kay v Lambeth. It will consider whether Lord Bingham’s reasoning in Kay supports his conclusion that the lower courts are strictly bound by domestic precedents that are manifestly inconsistent with the subsequent Strasbourg jurisprudence with only the most limited exception. It will also consider whether the lower courts that have followed Kay have adopted a defensible approach to the doctrine of precedent and the Human Rights Act. The approach of this dissertation to its research question will require both doctrinal analysis of Human Rights Act and the relevant case law, and use of legal theory.[4]

(454 words)

Critically discuss the following statement: ‘Considering the UN Security Council’s failure to properly respond to Russia’s violation of international law when it invaded and used force in Ukraine, it is vital to significantly reform the UN Security Council.’

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DISCUSSION ESSAY

Cite any legal instrument, case law, literature, example from state practice or recent development that may be relevant for your answer.

Critically discuss the following statement: ‘Considering the UN Security Council’s failure to properly respond to Russia’s violation of international law when it invaded and used force in Ukraine, it is vital to significantly reform the UN Security Council.’