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Business Legal Reasoning
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Are there any legal considerations that might arise for a sales representative working with the purchasing department of a large corporation interested in buying several computers? How should he or she handle these considerations?
Ethical are the basic principles that govern behavior; ethics is not laws. Ethics is enforcement is not by the government they go beyond laws to the heart of a situation. It is your moral and ethical standards (what you determine to be right or wrong) influence every decision you make.
Unethical is what one’s culture and environment thinks is wrong, but it is not illegal to be unethical and as much as unethical actions are not illegal. The perception of ethics may differ in different conditions. In a sale transaction, for instance, it is unethical to deny a customer a chance to have full information regarding the transactions. It is considered evil and disapproved ethically. Handling of ethical issues is crucial for an organization, and it requires employees to follow the ethical guidelines of the organization.
Ethically there are considerations that a sale representative has when working with the purchasing department of a large corporation interested in buying several computers. The ethical considerations that employees have to consider are
• Whether to disclose possible delays in delivery.
• Whether to discuss the possibility of a price increase that would affect the price of the
Computers purchased by the corporation.
• Whether to discuss the chance of a recall of the computers after the date scheduled for
Delivery to the corporation
• Whether to discuss that the current model of computers under consideration has been the
Subject of recalls because of known defects to this particular mode
• Whether to discuss the fact that repairs to the model computer under consideration are high.
The sales person might also seek to answer the following questions:
• What is accepted business practice?
• What would his company expect the salesperson
To handle ethical issues forward ethic employees who can implement ethical policies of the organization is required and not allow personal interest, potential conflict due to a diversity of opinion.
What is the concept of stare decisis significance? What is it important?
Stare decisis is a legal principle that dictates that a court cannot contravene precedent that is the courts must uphold the previous precedent. It manifests in two ways. In the first case, lower courts expectation is to abide by rulings from higher courts meaning that if the higher courts have established the precedent, the lower courts must abide.
Second courts are required to abide by the precedent set in that court before, whether the court involved is lower or higher. Again the validity of a decision to overruling a previous precedent must get started.
The stare decisis is a Latin phrase that means to stand by things decided to make court cases more easily accessible to the lower courts, lawyers as well as judges. This concept further allows courts to reference previous decisions. If the concept were not available, it would mean judges would judge cases from logic and thus bring a lot of inconsistencies.
The concept is important in that it creates the much-needed consistency in justice. It allows Judges as well as all parties involved to know exactly the legal consequence of a certain action. Justice is just if it allows consistency an application to all persons thus 5the concept allows equity to prevail.
Is there a legal remedy in equity available to an injured party seeking relief in court? Are there examples that support that support such remedies?
In case of a lawsuit and money damages, the only available remedy is an unsuitable remedy, a court of equity may allow the injured party to seek non-monetary relief such as specifically ordering the other party to perform a certain act (called specific performance) or to refrain from certain conduct (called an injunction).
The law of remedies concerns itself with the character and the extent of relief to which an individual who has sought a legal action entitlement with the right procedure following. The damages remedy is intended to compensate the party injured for any harm he or she suffers.
Courts design equitable remedies where remedies of money in specific situations money does not provide complete relief to individual who have gotten injured. Equitable remedies include the injunction, declaratory judgment, and constructive trusts.
There are certain circumstances when an injured party is allowed equitable remedies in courts, and they include the unavailability of a legal damage claim by the plaintiff. Also, the court can decide ion more than one remedy
What questions should a business person consider when engaging in corporate decision making about whether to undertake a given course of action? What are the potential legal and ethical considerations?
Although the law is strongly affected by ethical concepts, the law and ethics are not the same. Many rules of law are completely unrelated to ethics—for example, the rule stating you must stop at a
red light. Likewise, many ethical precepts are not legally enforceable—for example, the issue of watching from shore as a person drowns in a lake.
In both local and international business law serves an important role as it provides rule as well as regulations in the decision-making process of the business. There are laws governing contracts, relationships, employment, business formation as well as governance. However, in the today’s business environment law is insufficient thus need to consider ethical issues as the both create risk for businesses.
Businesses are expected to comply fully with environmental laws, federal and state safety regulations, fiscal and monetary reporting statutes and all applicable civil rights laws. The Aluminum Company of America's approach to compliance issues states, "no one may ask any employee to break the law, or go to company values, policies, and procedures."
The decision should be one that protects the employees, as well as the right of customers, guarantying that business operations are just and fair, protecting the common good and making sure that individual values, as well as their beliefs, are upheld and protected.
The question considered is where the decision is an ethical decision or it is a legal decision.
What is the meaning of adversary system? Is the adversary system the most effective system for achieving a just and fair outcome? Why, or why not?
In the U.S, a legal system is regarded s adversary system where the parties in the to a controversy develop and present their arguments, gather and submit evidence, call to question a witness and within the confines of certain rules control the process. In this system the fact finder usually a judge or jury, remains neutral and passive throughout the proceeding. In equity justice does not delay equity.
The adversary system is not the most effective system for achieving justice and fair outcomes as it regarded cumbersome and ineffective. There is inequity as some parties controlled the litigation and allowed to present evidence that favors them. The lawyers in this system are unethical and complicate the system by filing numerous cases. The fact finder does nothing to accelerate the proceedings, and the availability of appellate review means that a final determination can take years.
The legal system cannot give justice due to its inadequacy that delays justice and in equity delay denies justice.
Sherry Roberts is the author of this paper. A senior editor at Melda Research in research paper writing help 24 hours if you need a similar paper you can place your order for a custom research paper from research proposal writing services.
Author is associated with MeldaResearch.Com which is a global Custom Essay Writing and Term Paper Writing Company. If you would like help in Research Papers and Term Paper Help you can visit Custom Writing Service
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