The Uniform Commercial Code (UCC)

1. The Uniform Commercial code (UCC) are “a set of laws that are designed to aid business by providing statutes that reflect modern commercial practices and providing remedies for breaches of its provisions” (Davidson, Forsythe, 2013). The District of Columbia (DC), Virgin Islands and all 50 states adopted portions of the UCC. There are 11 articles that reside in the UCC. From state to state there are different revised versions and no state may be similar. These particular laws help govern business transactions between the states and its territories. Such examples are sale of goods, contracts and borrowing money.
Having a unified code is beneficial for businesses as it provides the both consumer and businesses protection for abiding by

contracts that have been agreed upon. The positive elements of a contract is the Offer + Acceptance = Agreement. For the consumer, the UCC is an assurance of quality of goods and the right to pursue legal action if the standards are not met. This can include warranty of specific product. In return this allows businesses to seek legal action if there is a breach of contract.
Example 1 – A business makes Hilton Garden 1,000 towels with their logo on the towels. There is an agreement between the parties for this special offer. Once the towels are shipped to Hilton Garden, they reject the special offer. The UCC provides guidelines for all involved. If there was a contract that was written, then the company can pursue legal action against Hilton Garden for breach of contract.
Example 2 – A buyer of a local candy store contacts a candy maker asking for 3000 candy bars. The candy maker provide an off to the candy store for .50 per bar. The candy maker then provides and contract and faxes the information to the candy store. The candy store in return sends back an offer stating that they accept this offer. This has not become a binding agreement between the two parties as a contract. If the candy store upon delivery refused to pay the amount. The candy maker can sue the candy store for breach of contract. If the candy maker increase their price and did not tell the local candy store then the candy store can refuse and sue for breach of contract. In which that was not the price in which the parties agreed on.
Having a uniform law would be helpful for all business owners and consumers for protection. To have one set of laws provide the necessities for both parties to function and be provided what is needed.
However; as stated by Caroline Edwards from the St. Johns Law review “controversy has surrounded many of the principles and doctrines of the Uniform Commercial code for more than four decades. Even if there is controversy within the UCC, it still provided protection for both consumer and merchants.
http://fullerpllc.com/2011/10/17/if-you-sell-and-buy-things-you-need-to-know-about-the-uniform-commercial-code/
http://scholarship.law.stjohns.edu/cgi/viewcontent.cgi?article=1299&context=lawreview
2. Administrative laws are in relation to administrative agencies. Within these agencies there are rules and regulations that are carried out. “Created by Congress through a legislative enactment called an enabling statue. In the act passed by Congress, the agencies are also granted rule-making authority to allow the agencies to effectively oversee and regulate the specific area covered by the statute” (Davidson, Forsythe, 2013).
From a Business viewpoint, government regulation is necessary not only does it provide the necessary guidelines but also protects the consumers and the businesses from potential liabilities.
Pros:
A. Provides structures standards for business that consumers to be provided with quality standards
B. Protects the Business in all aspects regulations that are provided.
C. By following regulations and not violating creates a better market share for businesses and the consumers.
Cons:
A. If regulations are not followed agencies do have the right to cease and desist or halt any production of business.
B. Negatively impact or potential risk to community or people
C. Can be public knowledge for company and hurt their reputations.
The Environmental Protection Agency (EAP) is a federal government whose mission is protects human and environmental health.

The EAP can set standards and regulations for business to follow for the protection of the environment and for the human life. THE EAP considers “Metolachlor, a widely used herbicide, as possible carcinogen” (Silver, Bertke, Hines, Alavanja, Hoppin, 2015).
The EAP will look into the risk and set regulations to protect the public from health issues.
Another agency would be the Food and Drug Administration (FDA). The FDA provides strict standards and regulations just like the EPA to protect the consumers and business. For consumers it protects them from potential health hazards and protects companies from becoming liable or doors to be closed by setting regulations to follow. The FDA requires smokers to have knowledge of the warning and impacts of smoking and the risk. One regulation is that the FDA requires that the labels for smokers. The same regulation stands for pharmaceuticals.
http://search.proquest.com.baypath.idm.oclc.org/pqcentral/docview/1712358786/D9653B4CEEFE4AD8PQ/8?accountid=6226

http://search.proquest.com.baypath.idm.oclc.org/pqcentral/docview/1696164675/EF2960CFB0D54899PQ/1?accountid=6226
The FDA makes it easy for company to have standards that they must follow. In a manufacturing company, the FDA regulates what they can and cannot do. This provides clear policies and standards for the company to follow. By having standard and polices allows companies to be less vulnerable to lawsuits, loss of business or closure of the company. However; at the same time these regulations can make it harder for a company to follow especially if there is a pressing need to change a process. There are regulations and validations along with documentation that make rapid change impossible. It can also put a strain on a company in the world of market share and competitions. To release new product can be time consuming with protocols, validations and documents that must be present. If a company violates these standards they are subjected to a 483 warning letter or seizure. In return this is damaging to a business reputation..
3. Egoism – Is an ethical theory. In short, egoism is what a person should do for his/her self-interest in a manner. In return that will have long term impact for their own interest.
Utilitarianism – Unlike Egoism, Utilitarianism focuses on the whole groups best interest rather than individual, regardless if the of impact on the individuals or others.
Feminism – Feminist philosophy is portrayed as ethics of caring. It is aimed to have a better understanding of gender inequality.
Categorical imperative – This was developed by Immamuel Kant in the eighteenth century. Categorical imperative helps us evaluation our actions or right or wrong.
Veil of Ignorance – When issues are looked at and rules are put into place without knowing with the disregard of own color, religion or sex. How people should act in a manner that becomes a universal law. If all people follow universal rule then society has benefited from each person individually.
Currently Volkswagen scandal has consumers and business in a crisis with the emissions in their manufactured vehicles involving the diesel cars that is said to shut off emissions. The EPA has fined the VW Corporation and could potentially be liable for even more fines. VW has already stopped sales in the US and Canada with the cars that are impacted. If I were the CEO I would want to look at the documentation of research and development to see where the validations came from that would potentially not protect our environment. I would want to look into our policies and decision making as a company and taking into effect the laws and regulations that the EPA hold.
When VW made these changes for better service to their customer they lacked to think of the possible impacts and ignored possible regulations set by the EPA. VW may have utilized Utilitarianism within their business when they began to invent the new vehicles with this particular option.
One theory that would not work with this type of crisis is Ethical Egoism. If VW utilized this theory their corporation would suffer more intensely and only going on what they think is right rather than the safety of the environment or humans.
http://search.proquest.com.baypath.idm.oclc.org/pqcentral/docview/1715709891/8ACEA3418C0A4E05PQ/2?accountid=6226
http://www.tandfonline.com/doi/pdf/10.1080/13501760802453221

4.

The three branches of the United States government are Legislative, Executive and Judicial.
Legislative Branch – Made up of the House and Senate. Known as congress. This branch makes the laws, declares wars, and regulates interstate and foreign commerce. Controls taxing and spending. Within the Legislative are the following organizations: Architect of the Capitol (AOC), Center for Legislative Archives, National Archives and Records Admin, Congressional Budget Office (CBO), Government Accountability Office (GAO), Government Printing Office (GPO), Library of Congress (LOC), Office of Compliance and the U.S. Senate.
Executive Branch – Consist of the President and the president’s advisors and different departments and agencies. The Executive Branch is responsible for enforcing the laws. The organization that are within this branch are Executive Office of the President or White House, the President’s cabinet or federal agencies, Independent Agencies and Commissions, USA government, Fedworld and the Federal Information center (FIC).
Judicial Branch – Consist of the US Supreme Court and Federal Judicial Center. The power of the US is vested as one Supreme

Court.
There is opinion regarding the Obama care or Affordable Care Act that has happened most recently in the US. In an article William R. Maurer of the Institute Justice stated in the Washington Post article by George F. Will “a country in which all the branches of government work in tandem to achieve policy outcomes, instead of checking one another to protect individual rights. Besides violating the separation of powers, this approach raises serious issues about whether litigants before the courts are receiving the process that is due to them under the Constitution” (Maurer, 2015). It is quite obvious that today the separation of powers can be violated within our system as it was done during the Affordable cart Act (ACA).
“The decision also resulted from Chief Justice John G. Roberts Jr.’s embrace of the doctrine that courts, owing vast deference to the purposes of the political branches, are obligated to do whatever is required to make a law efficient, regardless of how the law is written”(Will, 2015).
Because President Obama came up with this law and not a legislative action there are opinions that there were violations of the separation of powers. However; this was an enforced action by Legislative powers. In the ACA decision it did in my oppiion act as the Executive Branch making the law, The Legislative enforcing and acting on the law and the Judicial facilitating the ACA.
http://www.house.gov/content/learn/branches_of_government/
https://www.washingtonpost.com/opinions/john-roberts-helps-overthrow-the-constitution/2015/06/25/47d9ffde-1b67-11e5-93b7-5eddc056ad8a_story.html