Business Law and Ethics

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Law and Ethics

1.)Many believe that there are too many lawsuits in the United States. Do you agree or

disagree? Why? Discuss who should accept more blame for the problem, lawyers, or

individuals who go to court. Do you think there is anything that would mitigate the problem,

or will there always be a large number of lawsuits?

Not only are there misconceptions about how the civil process works, but there are

too many of them. As it works to seek compensation for damages caused by another person,

especially those regarding contract breaches or torts, many people use this as an excuse to get

compensations for the slightest of civil wrongs just so to get the compensation. I do agree that

lawsuits in the United States are too many. However, it is only fair that the individuals to

accept the most blame in these problems. What is more acceptable and has been for some

years is personal injury or wrongful death, and companies still get sued for fraud. The

increase in frivolous lawsuits has, however, started in the recent past and has driven up the

costs of doing business and drains the court system with the waste of time and money that

could be used in other vital matters (Shaw, 2016). Unless such kinds of lawsuits are punished,

they will not go away and will continue being bad for everybody. As the courts can also

decide what lawsuits to act upon, they do not always have to act on all of them and should

curtail their numbers by having higher standards that only serious lawsuits can pass.

2.)If you had a dispute, would you prefer to litigate or use alternative dispute resolution?

Why? If you had to use alternative dispute resolution, which form would you choose?

Discuss the benefits of the method using a specific example.

Arbitration is an alternative to litigation for dispute resolution and should not be used

for every dispute. Though arbitration and litigation both have some similar characteristics,

arbitration has unique features that are unique and different from litigation and can be

attractive, especially to business people. I would use arbitration suppose I had a dispute to

resolve, and I would choose this alternative mainly because of the confidentiality involved.

As courts are public, I would like my disputes to be determined behind closed doors and

especially where there is the involvement of trade secrets or sensitive information. Another

advantage of arbitration is the aspect of flexibility. In arbitrations, the process can meet the

business owner’s needs, and they are free to choose the adjudicator. Lastly, arbitrations are

fast and usually take less time than litigation (Miller & Edwardson, 2012). Suppose Allan and

Patty both do not come to an agreement and think that the other broke a contract they had,

they could look for a private judge, an arbitrator. It will also prevent the two from having a

public court proceeding. Instead of going to court, they will go to the arbitrator’s office and

give evidence as to why they both think they are right.

3.) Discuss whether you think the Christian Worldview promotes doing business in a

particular way. Locate an example of a business that is operating successfully while

espousing and maintaining a Christian worldview. Discuss the unique challenges this type of

business faces because it upholds Christian values.

I think the Christian worldview promotes doing business in a particular way,

especially in their ideas on profits and society. While other businesses work to make profits

and still be in business with a particular niche of consumers, most Christian businesses tend

to offer the lowest or the cheapest bargain. While in believing notions that are important in

our day-to-day lives, they might cut themselves short by being too considerate, loving, or

mindful that a business fails or compromises on important business factors. A good example,

however, of a company that is operating successfully while maintaining a Christian

worldview is Southwest Airlines, whose goal is to have the lowest fares on airlines. Some of

the unique challenges include having people from their circle of Christians as their primary

clientele. Another issue is segregating itself, especially when the business does not indulge in

worldly events or sells worldly products because it is ungodly. If not, they could try to

impose their religion and ways to the non-Christians (DeGeorge, 2000).

4.) In what situations will a court impose a strict liability standard instead of a negligence

standard? Provide a real-world example of a strict liability case. Is imposing this standard

fair? Explain why. As a general rule, are strict liability standards fair? Justify your stance.

In strict liability, the law makes the defendant liable, even when it was an accident.

Suppose a business owner sells his customer a lawnmower that gets spoilt and injures the

customer. The customer, who is now the plaintiff, was careful and will go to the business

owner, the defendant, who is assumed liable. Suppose he accidentally sold the plaintiff a

mower that had been earlier repaired and packed just a new one and was placed with the

others, it would be negligence. Though unreasonable, it would have been unavoidable had

they been more careful. However, this is considered the defendant’s problem and not the

plaintiff, as he was a victim of circumstances (Plimpton, 2007). I do not think imposing this

standard is fair because the store owner picked a lawnmower like the many others he got

from the manufacturer and the same ones he had been selling to other clients. Imposing the

strict liability standard might not be fair. However, just like the dog-biting law, it is assumed

that the owner of the dog or the business is liable for whatever happens or the injuries it

causes to others. In essence, I think it is only fair that the strict liability rule puts the owner

responsible for their business or dog. It will also be fair that they pay for the damages and

maybe the bills incurred when a defendant deals with solving the issue.

References

DeGeorge, R. T. (2000). Business ethics (7th ed.). Needham Heights, MA: Pearson Custom

Pub.

Shaw, B. (2016). Moral Issues in Business. 8(2), 189 -194

Miller, K., & Edwardson, P. (2012). Common Sense Tips For Avoiding Litigation. Harvard

Law Review, 45-48.

Plimpton, L. (2007). Business Contracts: Turn Business Contracts to Your Advantage.

Wisconsin: Entrepreneur.