Essay Example on Business Law and Ethics

Q1. The FDA found out that the Acme Philadelphia warehouse had rodents a situation that implied the food stored in the facility was unsafe for human consumption. The FDA further noticed that the issue of rodents infesting in the warehouse had existed for over a period of 3 months; December 1971 to March 1972.

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Q2. Mr. Park was given warned on the issue through a letter from the FDA's chief an action that he discussed with the company's vice president who assured Park to investigate the matter of which minimal improvements were made in the facility, despite the fact that rodent infestation was still evident (Trevino & Nelson, 2016).

Q3. The standard of liability imposed by the judge emphasized on the need for corporate agents to embrace the highest standard of foresight and vigilance.

Q4. Contracts ought to have a consultant whose duty is to oversee the safety of the site always. And in case of a problem being noticed by the consultant, then changes should be made immediately. Furthermore, it is vital that contractors should follow all the city construction codes to bring up a building that will not later on collapse or cause unsafety (Whetstone, 2001).

Q5. The owner of any building can be charged with criminal liable in case he or she works together with employees to get materials that are not strong enough to support the foundation just to avoid incurring costs. It is after the building collapsing. Furthermore, in case an owner hires a consultant to oversee the safety of the site and realizes there is a problem if the owner does not take action against the employees he is liable for criminal conducts (Reidenbach & Robin, 1990).

Q6. The case cannot be dismissed on both Al-Uneizi and the Kuwaiti government given the fact that there is enough evidence to prove the criminal acts. Al-Uneizi is a citizen of Kuwaiti and carrying out such atrocities on a foreigner and giving her the flag pin implies lack of disrespect to the country (Michalos, 2017). Arguably, the government of Kuwaiti must ensure that workers conduct themselves morally. In this case, both the government of Kuwaiti and Al-Uneizi need to face the full harm of law and no need for the case to be dismissed.

Q7. The German law on sellers' liability is appropriate because database management is done by the seller, in this case, Smith & Smith. Although Smith & Smith had a binding clause during the time of contraction, the company bears full responsibility when the database system fails. Smith & Smith have full knowledge of how the system works, what makes the system crash and how to repair and maintain it, therefore, transferring the liability to the owner is wrong (Boatright, 1999). In this case, the U.S law does not hold the sellers' responsibilities regarding aftersales services (Carson, 2003). Applying the U.S law is a tremendous financial burden to the buyer.

Q8. The two companies, C.A. Tabacalera National and C.A Cigarrera Bigott are evident to be facing an ethical dilemma in the struggle to keep the business as well as act regarding the moral laws required in any given company (Trevino & Nelson, 2016). The fact that they are supporting children who are in need of this donations is the right thing to do, but the actions can be considered a violation of the FCPA provisions (Ferrell & Friedrich, 2015). According to the FCPA which was enacted in 1977, bribing foreign officials to obtain or keep business is conduct that is highly prohibited and leads to civil enforcement actions (Shum & Yam, 2011). The two tobacco companies; C.A. Tabacalera National and C.A Cigarrera Bigott are at risk of facing the law given the fact that the donation to the Children's Foundation is an act of bribery (Crane & Matten, 2016). Besides the Foundation is in need of this money, the reason behind the funding is unlawful, and the motives behind it is to escape paying taxes and other requirements to the government (Michael, 2006).

Q9. Article briefing

Managing Business Ethics: Straight Talk about How to Do it Right is an article that focuses on examining business ethics through the lens of organized labor, taxation, promotion issues as significant problems that affect the well-being of an organization's decisions. As evident in many businesses, ethical dilemmas are always present affecting the need to comply with all the laws, a situation which leads to the making of complicated decisions that may be beneficial to the organization only for a short term but cause many long-term problems in later years. However, despite the existing relationship between business law and ethics, people often tend to forget the connection and thus end up exercising none of them. In this case, the authors assume that if people could see the overlap between law and ethics, the law could be seen as a reflection of the society's norms and standards guiding business conduct (Trevino & Nelson, 2016). Therefore people should stop believing that practicing law-abiding behaviors in business is considered ethical since as much as many standards of conduct are in line with the demands of the society, not all of these standards are codified in law.

Individual Paper-Enron Accounting Dilemma of 2001

America faces accounting problem where books of accounting are manipulated to cover huge money scandals. For example, the Enron scandal of 2001 gave an insight on what is ailing American business today. It is not ethically correct to manipulate books of accounting because it conceals financial scandals that can lead to the downfall of a firm. For instance, in the Enron case, over 80,000 jobs were lost.

References

Boatright, J. R. (1999). Does business ethics rest on a mistake? Business Ethics Quarterly, 9(4), 583-591.

Carson, T. L. (2003). Self-interest and business ethics: Some lessons of the recent corporate scandals. Journal of Business Ethics, 43(4), 389-394.

Crane, A., & Matten, D. (2016). Business ethics: Managing corporate citizenship and sustainability in the age of globalization. Oxford University Press.

Ferrell, O. C., & Fraedrich, J. (2015). Business ethics: Ethical decision making & cases. Nelson Education.

Michalos, A. C. (2017). Issues for business ethics in the nineties and beyond. In How Good Policies and Business Ethics Enhance Good Quality of Life (pp. 197-212). Springer, Cham.

Michael, M. L. (2006). Business ethics: The law of rules. Business Ethics Quarterly, 16(4), 475-504.

Reidenbach, R. E., & Robin, D. P. (1990). Toward the development of a multidimensional scale for improving evaluations of business ethics. Journal of business ethics, 9(8), 639-653.

Shum, P. K., & Yam, S. L. (2011). Ethics and law: Guiding the invisible hand to correct corporate social responsibility externalities. Journal of business ethics, 98(4), 549-571.

Trevino, L. K., & Nelson, K. A. (2016). Managing business ethics: Straight talk about how to do it right. John Wiley & Sons.

Whetstone, J. T. (2001). How virtue fits within business ethics. Journal of Business Ethics, 33(2), 101-114.