For this assignment, you will consider the consequences of acting ethically or unethically. After carefully reading the supplemental ethics materials (Jennings handout), discuss fully the ethical issues related to this case. (1) Categorize the ethical dilemma(s), (2) examine the matter from other perspectives, (3) describe any possible rationalizations, and finally, (4) use at least one of the ethics models to resolve the situation.
You will also be graded on grammar, spelling and punctuation. Your answer must be typed (double-spaced, font size 12) and between 500 to 1000 words in length. This assignment is to be added to your “iWebFolio”.
Writing assignments will be graded on the depth of the arguments, the analysis, coherence, and editing (grammar and mechanical correctness). (75 points)
An employee at the supermarket you manage mopped one of the aisles in the store and placed signs at the ends of the aisle to warn people not to use the aisle until the floor dried. One customer walked around the sign, slipped, fell, and suffered serious injuries. Her lawyer comes to you with the following story. She says that she is going to sue the store for the negligence that led to the customer’s injuries. However, she says that she doubts that she can win, since case law in the state makes it clear that the sign is considered a reasonable warning so that contributory negligence by the customer would eliminate the liability of the store. This means that the customer will get nothing, but one can never be completely sure. The worst part is that the customer has no insurance, has incurred large hospital bills, cannot work for several months, and has no source of support.
The lawyer makes the following deal. She will forgo any fee for the case and will sue only for an amount equal to the medical costs incurred and the wages lost, if you will agree to testify that there was no sign in place to warn that the floor was wet. The payment will be made by the insurance company. This will not affect your position with the insurance company, and you will save attorney’s fees. Should you make such a deal? What if you knew that the law in most states would provide an award because their laws hold that warning signs are insufficient and a complete physical barrier has to be in place? Discuss the ethical issues as instructed above.
BLAW 201 Week 3 Review Case Problems Ethics
Review Case Problems
1. Geneva Mapack, a recent graduate of Drexel University, is a first-year associate with the MacAndrews Consulting Group. The partner in charge of a major strategy study for an important new client in the shipping business has asked Mapack to call low-level employees in competing shipping companies to gather competitive data to be used to devise a winning strategy for the client. She was instructed not to identify the client but to introduce herself as a consultant doing an analysis of the shipping industry.
Assume that Mapack knows that senior managers in the competing firms would consider the data she is collecting proprietary and would not talk with her at all if they knew that she worked for a direct competitor. Is it ethical for Mapack to question the lower-level employees without revealing that she is working for a direct competitor? What should she do if after telling the partner that she considers it unethical to make the calls, she is told that consultants do this all the time and that refusal to do it would be a career-limiting move?
2. Cassandra Washington is a manager/buyer in charge of purchasing children’s shoes for a large retail store chain. She is also a die-hard football fan. This year, the Super Bowl will be played in the Superdome in New Orleans, Louisiana, her hometown. Washington’s favorite team, the Eagles, is expected to reach the Super Bowl.
Currently, the store chain carries four brands of children’s rain boots. In an effort to streamline its product line, the CEO has decided to cut back to three brands of rain boots, leaving to Washington the decision of which brand to cut. Assume that all four brands are equally profitable. If the makers of Brand One send Washington a pair of Super Bowl tickets, should she accept them? Does it matter whether the maker of Brand One is also a close friend of hers?
BLAW 201 Week 4 Discussion Question
Week 4: Question 1
Blake, who had been diagnosed with Alzheimer’s disease, sold and conveyed two acres of land to Khron, who paid $14,000. At the time of the sale and conveyance, Blake appeared to be competent and Khron had no knowledge of Blake’s illness. One year later, Blake died. During the prior year, Blake had spent the $14,000 received from Khron. The executrix of Blake’s estate sued Khron to set aside the deed and recover the land conveyed to Khron. The executrix made no offer to pay $14,000 to Khron. Will the executrix succeed? Suppose it was shown that Khron knew about Blake’s condition at the time of the sale and conveyance of the land. Would this affect your answer? (Post is due before 11 PM Thursday.)
Week 4: Question 2
Walters, a business owner, filed tax returns for 2001, 2002, and 2003 using the cash basis. In 2004, Walters hired Erlich, a CPA, to prepare his income tax for 2004 using the accrual basis. While preparing the 2004 return, Erlich examined the prior years’ returns. Based on Erlich’s suggestions, Erlich prepared revised returns for the prior years, and Walters submitted these to the Internal Revenue Service (IRS), claiming an $18,000 refund. Instead of receiving the refund, the IRS claimed Walters owed $134,000 in unpaid taxes and fines. Erlich told Walters that the IRS was mistaken and that he could clean up the simple problem for a fee of $1000.
After granting several extensions, the IRS notified Walters that Monday, October 5, 2008 was the deadline for filing a protest to the proposed assessment. On Saturday, October 3, Erlich called Walters to his office to sign the protest. When Walters arrived, Erlich produced a written contract with a fee agreement whereby Erlich was to receive $1000 plus 8 percent of any monies saved on the assessment. When Walters refused to sign the new fee agreement, Erlich told him that the protest had to be in the mail that afternoon to reach the IRS by Monday and that if the protest were not filed on time Walters would be liable for the $134,000 plus additional fines that had accrued since 2005. Walters signed the fee agreement, and the protest was filed on time. After reviewing the protest, the IRS reduced the assessment to $21,000. Erlich sent Walters a bill for $10,040. Walters sued to have the new fee arrangement rescinded. What legal theory will Walters argue? Who wins? How much does Walters owe Erlich for the service of preparing the protest? (Post is due before 11 PM Saturday.)