Review the contracts analysis


Assignment:

Topic: Business Ethics

Not less than 1,000 words and must includeat least 2 separate verses from Scripture, quoted and applied as an integral part of the discussion, in the context of a biblical worldview. Must also support assertions with at least 3 scholarly sources other than the textbook/course materials. Each source must be cited in current APA format.

Thread Prompt:

Rarely does one individual's decision or action create an ethical crisis entirely by itself. More often, someone's unethical or illegal idea is adopted by other members of the company, and the problem grows within the organization until it erupts in headlines, bad publicity, and sometimes criminal penalties. After the fact, the questions always arise: How did that happen? Didn't anyone know it was going on? Why didn't someone stop it?

Recently, Volkswagen found itself in just such a position, when it was discovered that the software in the company's diesel vehicles had been programmed to provide false data to regulators regarding the level of emissions produced by the cars.

In his article "Volkswagen: Where Were the Lawyers?" Lippe (2015) questions the role that several groups within the company played in the scandal, most notably the company's lawyers and engineers.

See https://www.abajournal.com/legalrebels/article/volkswagen_where_were_the_lawyers/.

Review this situation from legal, spiritual, and ethical perspectives. Fully explain the following:

As an employee or a manager in either the legal office or the engineering department, how would you have prevented this incident?

As the CEO of the diesel division of Volkswagen, how would you have responded when the situation became public? How would this response prevent future incidents?

Key Term: Importance of Global Trade

After you have successfully reserved the key term that interests you the most, research a minimum of 5 recent scholarly articles that relate to the concept on which you wish to focus your research. Articles must be found in reputable professional and/or scholarly journals and/or informational venues that deal with the content of the course (i.e., not blogs, Wikipedia, newspapers, etc.).

After reading the articles, select the 1 article that you wish to discuss.

Adhere precisely to the following headings and format:

1. Key Termand Why You Are Interested in It

After reading the textbook, specifically state why you are interested in conducting further research on this key term (e.g., academic curiosity, application to a current issue related to employment, or any other professional rationale). Include a substantive reason, not simply a phrase.

2. Explanation of the Key Term

Provide a clear and concise overview of the essentials relevant to understanding this key term.

3. Major Article Summary

Using your own words, provide a clear and concise summary of the article, including the major points and conclusions.

4. Discussion

 In your own words, discuss each of the following points:

1. How the cited work relates to your above explanation AND how it relates specifically to the content of the assigned module/week. This part of your thread provides evidence that you have extended your understanding of this key term beyond the textbook readings. (150 words minimum)

2. How the cited work relates to the other 4 works you researched. This part of your thread provides evidence that you have refined your research key term to a coherent and specialized aspect of the key term, rather than a random selection of works on the key term. The idea here is to prove that you have focused your research and that all works cited are related in some manner to each other rather than simply a collection of the first 5 results from your Internet search.

5. References

A minimum of 5 recent scholarly articles (not textbooks, Wikipedia, or other popular reading magazines), in current APA format, must be included and must contain persistent links so others may have instant access.

Contract Case Study

Contracts Analysis Case Study

Marshall Petersen and his wife, Gloria, began visiting the Sunday school class you teach in Huntsville, Alabama, about six months ago. Marshall is not a Christian, but with the encouragement of his wife, who is a believer, he says he is beginning to explore the faith.

After his first visit to the class, you spent some time talking with Marshall and you discovered that he owns a small, local health food products business, and that he is interested in growing the business by adding some new product lines. You informed him of the high antioxidant qualities of the Muscadine grapes your family's produce company sells, and you asked him if he might be interested in promoting either the grapes themselves or the various products developed using their seeds. Marshall was interested, and a few days later you supplied him with some samples.

The samples turned out to be a very popular item with his regular customers, so he placed a modest phone order with your company. Over time, Marshall placed regular, increasing phone orders, and he began investing heavily in advertising for the Muscadine products at his store. Your company has faithfully delivered everything requested, promptly, and at consistent prices.

You typically sent an invoice with each delivery, requiring payment within 30 days, and though Marshall has frequently been late making payment, he has generally paid each invoice within 45 to 60 days. You have elected not to charge him any interest or penalties, though your invoices state that you reserve the right to do so.

On one occasion when your son, a part-time deliveryman for your company, delivered some product to Marshall's store, Marshall handed your son a requirements contract and asked him to sign it on behalf of your company. The contract includes a guaranteed price schedule consistent with what he had been paying. Marshall told him that it was "just a formality" to guarantee a continuing business relationship. Your son signed the contract and gave it back to Marshall. Neither Marshall nor your son mentioned the contract to you. Your son was 17 years old at the time, but turned 18 last month.

After a columnist for The Huffington Post wrote an article praising the antioxidant qualities of Muscadines, the demand for Muscadines skyrocketed nationwide. Your company became inundated with orders, far in excess of your ability to meet the demand. A company in Texas offered to pay you twice the going rate for your products, but the company also required you to sign an output contract as a part of the deal.

Though this contract would represent a substantial financial windfall for your company, you felt bad about potentially leaving Marshall out to dry. You called Marshall, advised him of the offer you had received, and you suggested to him the names of other reputable potential suppliers in the area to try and soften the blow.

To your surprise, Marshall became very angry and told you that he expected you to continue to supply him with all the product he needs, when he needs it, and at the prices he had always paid, per the requirements contract between your businesses and in accordance with an implied duty of good faith and fair dealing that had evolved based on your ongoing business relationship. When you asked what requirements contract he was talking about, he faxed you a copy of the contract that had been signed by your son.

Contracts Analysis Instructions

Review the Contracts Analysis Case Study prior to answering the questions listed below.

Assignment:

Write a legal analysis of at least 1,000 words that answers the following questions from both a legal and a spiritual perspective:

1. What should you do about continuing to do business with Marshall?

2. If you elect to stop doing business with Marshall, what legal causes of action might he bring against your company, what damages or remedies might he seek, and what legal defenses might your company have?

3. If you stop doing business with Marshall, what are the potential impacts on Marshall's continued exploration of his faith? What biblical options are available for resolving your disputes with Marshall?

Your analysis must be supported by at least 3 legal or scholarly sources, cited in proper APA format. The assignment must also be formatted in current APA format, but you do not need to include an abstract.

In connection with this assignment, you may want to research the following legal concepts and incorporate what you find in your analysis if you consider them relevant:

  • Covenants of good faith and fair dealing;
  • Minor's capacity to contract;
  • Fraud in the execution of a contract;
  • An employee's capacity to bind a company by contract;
  • Section 2-306 of the Uniform Commercial Code;
  • Implied contracts;
  • Promissory Estoppel;
  • Custom and practice between merchants;
  • Biblical dispute resolution; and
  • Any other legal concepts you believe may be relevant.

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Business Management: Review the contracts analysis
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