DU Legal Aspects of Business & Unethical Behaviour Analysis

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Business Finance

Dalhousie University

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I’m working on a Business Law question and need guidance to help me study.

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There are 16 items in the list below. You need to select 6 of them and do a response that takes not more than a page or so each (12 point font, normal margins, double space) Please be sure to reference ALL material used, include intext citations, and provide a separate reference page (not included in the overall page count.) 1. (Questions for Critical Thinking No. 1 in Chapter 1 of the course textbook): “The law is sometimes made subject to the criticism that it does not necessarily forbid unethical behaviour and is therefore too narrow in scope. What is the relationship between ethics and law? Are ethical responsibilities the same as legal responsibilities?” 2. (Questions for Critical Thinking No. 3 in Chapter 2 of the course textbook): “Why is the constitutional recognition of aboriginal rights so important? For example, in what ways can this recognition advance reconciliation of Indigenous and non-Indigenous peoples in Canada?” 3. (Questions for Critical Thinking No. 3 @ in Chapter 3 of the course textbook): “A major legal risk for business is a cybersecurity breach (see the Technology and the Law box on page 59) that results in the disclosure of customers’ and/or employees’ personal information. The loss in sensitive health, personal identification, financial and other information can result in great financial and reputational damage to the business. How can business use risk avoidance, risk reduction, risk transference, and risk retention in managing the risk of a cybersecurity breach?” 4. (Questions for Critical Thinking No. 6 in Chapter 5 of the course textbook): “Why is the value of certainty so important to contract law? Does elevating this value lead to unfair results?” 5. (Questions for Critical Thinking No. 4 in Chapter 6 of the course textbook): Christmas v. Fort McKay, discussed in this chapter (chapter 6), applied the instantaneous rule of communication to an email acceptance, based on the facts of the case. That is, the court concluded that an acceptance sent by email occurs where the communication is received. It did not discuss applying the postal rule – which would hold that acceptance occurs where the communication is sent. Do you agree that the instantaneous rule should apply to email acceptance? What arguments are there to apply the postal rule?” 6. (Questions for Critical Thinking No. 5 in Chapter 8 of the course textbook): “The law of mistake will rarely provide a defence for someone seeking to avoid a contract. Is the law of mistake too strict and inflexible? Why or why not?” 7. (Questions for Critical Thinking No. 4 in Chapter 9 of the course textbook): “Contract Law is intended to facilitate commercial activities and to enable businesses to conduct their affairs so that their legal obligations are certain. Do you think, after considering the material in the last five chapters (i.e., chapters 5 to 9), that contract law achieves its goals? Can you think of ways to improve the effectiveness of contract law?” 8. (Questions for Critical Thinking No. 2 in Chapter 11 of the course textbook): “From time to time, it has been proposed that the principles of strict liability be applied to product liability in Canada as they are in certain other jurisdictions. What are the pros and cons of applying this concept in Canada? What changes would result for producers of goods and services, as well as for consumers? Are there inherent risks that might arise for society as a whole if strict liability were imposed in certain industries?” 9. (Questions for Critical Thinking No. 5 in Chapter 13 of the course textbook): “Do professionals such as financial advisors, stockbrokers, bankers, and investment counsellors owe a fiduciary duty to their clients? Explain.” 10.(Questions for Critical Thinking No. 2 in Chapter 15 of the course textbook): “Family-controlled businesses are a dominant feature of the Canadian economy. It is estimated that 90% of all Canadian companies, large and small, are family-owned. Some of the very large family-controlled companies such as the Loblaw Companies, Power Corp., and Husky Oil have gone public. Others – such as the Jim Pattison Group and McCain Foods Ltd. - remain private. What are the advantages and disadvantages of going public? What are the advantages and disadvantages of remaining private?” 11.(Questions for Critical Thinking No. 3 in Chapter 16 of the course textbook): “There are literally dozens of statutes that impose personal liability on directors, and, in many cases, officers. Directors and officers face liability, for example, under securities, environmental, employment, tax, and bankruptcy and insolvency legislation. Why do you think this has occurred? What are the problems associated with holding directors to higher standards? How can directors protect themselves in an increasingly litigious environment?” 12.(Questions for Critical Thinking No. 1 in Chapter 18 of the course textbook): “Three-dimensional printers have the capacity to reproduce solid objects. Using computer modelling software, they can reproduce an object using materials such as rubber, plastics, ceramics, and metals. The potential is to reproduce everything from automobile parts to toys to household items. How does this technology possibly impact intellectual property rights holders? How should companies deal with the risk posed by this technology?” 13.(Questions for Critical Thinking No. 2 in Chapter 19 of the course textbook): “Can a new owner be liable to clean up contamination that was caused by a previous property owner? What about the liability of the prior owner whose activities caused the contamination? Why are there practical limitations on the effectiveness of environmental protection remediation orders and what can be done about this situation?” 14.(Questions for Critical Thinking No. 2 in Chapter 20 of the course textbook): “In 2017, the government of Canada introduced legislation to legalize and regulate access to recreational (non-medical) marijuana. The legislation, which came into force on October 17, 2018, specifies legal conditions for the use of marijuana similar to the use of other controlled substances, such as alcohol. What challenges does the legalization of marijuana pose for employers?” 15.(Questions for Critical Thinking No. 3 in Chapter 21 of the course textbook): “Social media has become part of most people’s lives. Many employees have a Facebook or LinkedIn account. Others post comments, pictures, and video on Twitter, YouTube, or Flicker. Still others keep a personal blog. What are the risks to the employer of employees using social media at work or at home? Should an employee’s social media conduct be grounds for termination? Explain. How can employers reduce the risks posed by social media use by employees?” 16. (Questions for Critical Thinking No. 6 in Chapter 28 of the course textbook): “The hacking of the Ashley Madison dating website (see Technology and the Law: The Risks and Costs of a Data Breach, p. 59) resulted in the release of names, phone numbers, email addresses, sexual preferences, and payment information of over 33 million users. What are the potential costs of this hacking incident to the owners and operators of the website? What role can insurance play in managing the risk of a cyberattack that results in the loss of data?”
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Analyzing Legal Aspects Of Business Outline
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Analyzing Legal Aspects Of Business Outline
❖ Question 1
❖ Question 15
❖ Question 14
❖ Question 13
❖ Question 10
❖ Question 3
❖ References


Analyzing Legal Aspects Of Business
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Analyzing Legal Aspects Of Business
Question 1
Both law and ethics relate and portray a mutual relationship due to their application in
various settings. They both serve similar responsibilities of directing human conduct towards
making it effective and applicable to civilized social settings while enforcing the senses of what
is deemed right and wrong. Laws are a set of coded norms enforced by the federal government
and act as a set of external obligations. On the other hand, Norms explain the norms set in place
towards guiding individuals' internal judgements and compass (Emamhadi, 2020). Laws and
ethics are both extracted from the perceived cultural context, religion, community values and
senses of justice. Ethics in most incidences originate from individuals’ own choices, experiences,
and evolution.
Additionally, laws incorporate uniformity whereby they apply to all individuals while
norms vary significantly depending on individuals, and they constantly change compared to
laws. The breaching of laws calls for punishment towards redistributing justice, while norms are
not enforceable. The majority of the laws enforced serve as ethics representatives and are shaped
by behaviors considered ethical. The perception that all individuals are equal to the law is
sourced from the ideology that all humans are born equal (Emamhadi, 2020). Ethics are also
applied in shaping laws through countering regressive doctrine's perceived benefits to society.
However, laws are not substantial enough in promoting ethical behaviors because they are not
adequate to cover all the perceived scenarios.
Ethical and legal responsibilities differ significantly. Ethical responsibilities are coined
and set based on individuals’ rights and wrongs while legal responsibilities are written based on
the written and documented laws. Legal responsibilities also seek at ensuring that individuals

have a primary care of sticking to the regulations and laws meant to govern a particular practice
area. Ethical responsibilities on the other hand, work towards ensuring that individuals
understand and apply the ethical practice standards and codes applying to societal work services.
Legal obligations are also entitled to manipulations and contortions of individuals' minds and are
dependent on the individuals’ fear as they serve as external impositions and imperatives by
authority (Emamhadi, 2020). Ethical obligations on the other hand are not subject to
manipulations by the individuals' minds and incorporate senses of personal responsibility.
Question 15
The risks associated with employees' utilization of social media at the workplace and
home settings entail its addicti...

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Cornell University

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