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Ethical behaviour in the workplace
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Ethical behaviour in the workplace
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Introduction When running a business the owners need to consider the number of laws put in place to ensure their fairness. These laws commands and limits their manner of conducting business. A certain soft-drink company did not consider these laws when creating and shooting a commercial and their integrity was challenged in court. For this document, I will discuss the key legal factors of the scenario. I will explain the four elements of a valid contract and how they relate to the scenario. I will define the objective theory of contracts and how it relates to the scenario. I will explain my position about the judge’s ruling. I will explain whether or not an advertisement s actually considered an offer or not. I will explain how this case …show more content…
(Laws, 2015). A thought of actual intent by the acceptor does not constitute a valid contract and do not matter. Also the law of contract stops the carrying out of contract that are bizarre and impossible. Objective theory of contract is related to this case because the man took the soft-drink company seriously in their applied offer to supply a Harrier jet for earning seven million company …show more content…
I think that this man simply tested the soft-drink company to see if they were serious or not about their offer. I believe he had his doubts, but was determined to teach them a lesson and after his suspicions were confirmed he spiteful sue the company. According to the principle of objective theory a contract cannot be forced on a ridiculous offer “too good to be true.” In this case the judge and jury found that the offer of the Harrier jet was too good to be true (Laws, 2015). This means there was never an offer to agree upon, also meaning there is no contract or justified claim of
This case study examines various real estate contracts – the Real Estate Purchase Contract (REPC) and two addendums labeled Addendum No. 1 and Addendum No. 2 – pertaining to the sale of 1234 Cul-de-sac Lane in Orem, Utah. The buyers in this contract are 17 year old Jon D’Man and 21 year old Marsha Mello; the seller is Boren T. Deal. The first contract created was Jon and Marsha’s offer to purchase Boren’s house. This contract was created using the RESC form, which was likely provided by their real estate agent as it is the required form for real estate transactions according to Utah state law. The seller originally listed the house on a Multiple Listing Service (MLS); Jon and Marsha agreed that the asking price was too high for the neighborhood (although we are not given the actual listing price), and agreed to offer two-hundred and seven-thousand dollars ($207,000) and an Earnest Money Deposit of five-thousand dollars ($5,000). Additionally, the buyers requested that the seller pay 3% which includes the title insurance and property taxes. After the REPC form was drafted, the two addendums were created. Addendum No. 1 is from the seller back to the buyer, and Addendum No. 2 is the buyer’s counteroffer to the seller.
Do you agree with Schmeltekopf that business schools are not preparing students well for the for the ethical challenges they will face in the workplace? Why or why not?
When discussing the concept of contract law, there exist two bodies of legal rules that may apply to the contract. These bodies are the common law of contracts and Article 2 of the Uniform Commercial Code or the UCC. The common law of contracts is court made and is constantly changing, but the UCC is required in every state within the U.S.A. It is important to know which one to use and when, as well as what the differences between them are.
Firstly we look at the advert which was placed on 3rd March in “every newspaper” in order to promote their new product. It is an established principle that advertisements are invitation to treat rather than offer, Partridge v Crittenden (1988) . However, in the same case Parker L J expanded on the point that if the ‘seller is the manufacturer’, then the rule does not apply. This is because, the manufacturer could potentially make an unlimited amount of chocolate, therefore, the advert the defendant placed, is an offer rather than an invitation to treat.
Explain the connection between the economic model of corporate social responsibility and “free market” or “neoclassical” economic theory.
The term “ethical business” is seen, by many people, as an oxymoron. This is because a business’s main objective is to make as much money as possible. Making the most money possible, however, can often lead to unethical actions. Companies like Enron, WorldCom, and Satyam have been the posterchildren for how corporations’ greed lead to unethical practices. In recent times however, companies have been accused of being unethical based on, not how they manage their finances, but on how they treat the society that they operate in. People have started to realize that the damage companies have been doing to the world around them is more impactful and far worse than any financial fraud that these companies might be engaging in. Events like the BP oil
James G. Skakoon, W. J. King and Alan Sklar (2007). The Unwritten Laws of Business. /: Tantor Media.
HILLIARD, J. And O’SULLIVAN, J. (2012) The Law of Contract [Online] 5th Ed. Oxford: Oxford University Press. Available from - http://books.google.co.uk/ [Accessed: 2nd January 2014]
In this case, there were numerous issues “on the table” that the companies needed to address. For example, the principal issue was to determine which company was responsible for the contract breach; Starbucks claimed that Kraft failed to successfully promote the brands in grocery stores whereas Kraft argued that Starbucks deliberately and improperly terminated the agreement. Additionally, Kraft accused Starbucks of undermining the sales of Kraft Tassimo machines prior to the vital holiday season. Once responsibility was attributed, the next issue that needed to be considered was whether or not to enforce a pe...
The Facts: Kermit Vandivier works for B.F. Goodrich. His job assignment was to write the qualifying report on the four disk brakes for LTV Aerospace Corporation. LTV purchased aircraft brakes from B.F. Goodrich for the Air Force. Goodrich desperately wanted the contract because it guaranteed a commitment from the Air Force on future brake purchases for the A7D from them, even if they lost money on the initial contract.
The analysis of the Kellogg’s case is presented in this chapter and will contribute to answer the research question. The case are evaluated and compared to the literature presented in the previous chapters and will support the conclusion of this paper.
The basic law of a contract is an agreement between two parties or more, to deliver a service or a product. And reach a consensus about the terms and conditions that is enforced by law and a contract can be only valid if it is lawful other than that there can’t be a contract. For a contract to exist the parties must have serious intentions, agreement, contractual capacity meaning a party must be able to carry a responsibility, lawful, possibility of performance and formalities. Any duress, false statements, undue influence or unconscionable dealings could make a contract unlawful and voidable.
Carbolic Smokeball Company refused to pay the promised reward and Carlill sued the company for damages arising from breach of contract. Judgment for hundred pounds was entered and the Carbolic Smokeball Company appealed. (Lawnix, 20...
A contract is an agreement between two parties in which one party agrees to perform some actions in return of some consideration. These promises are legally binding. The contract can be for exchange of goods, services, property and so on. A contract can be oral as well as written and also it can be part oral and part written but it is useful to have written contract otherwise issues can be created in future. But both the written as well as oral contract is legally enforceable. Also if there is a breach of contract, there are certain remedies for that which are discussed later in the assignment. There are certain elements which need to be present in a contract. These elements are discussed in the detail in the assignment. (Clarke,
What is actually considered a valid contract? The first issue we must look at in this contract dispute is to determine if there is even a valid contract. A valid contract has three basic elements an offer, an acceptance and consideration. If a contract meets your states requirements for a binding legal agreement, you are generally bound by that contract. The essential terms of a contract identify the parties to the contract, subject matter of the contract, contract price, and the time for performance of the contract. Intent to establish a contract must be definite and evident. Basically, it’s clear that you and the other person intended to enter a contract. If a contract appears to be binding and enforceable on its surface, that contract maybe