Assignment 5: The Reflection Journal Part II
OVERVIEW: The Reflection Journal is an activity you will be asked to engage in as part of every unit. It will not be until the end of each unit that you are requested to make entries in your Reflection Journal?with the purpose of looking back over fresh information that you are assimilating into your legal awareness and store of legal knowledge. The activities will not be identical in each unit but instead will vary among the following feature box activities provided in the textbook:
- ASK A LAWYER: For questions presented in this style, you?ll be asked to respond to a classic legal scenario often representing an actual legal problem faced by an individual interacting with a business, or between two businesses interacting together. As the title of the activity suggests, you?ll be asked to put on the thinking cap of a lawyer. Doing so will mean that you engage in writing an analysis of the applicable law from that chapter in the textbook, zeroing in on what is precisely relevant to the scenario. But to help you avoid experiencing that sinking feeling that sometimes happens to all of us the moment after we?ve read the instructions for an assignment but still feel unsure of what we?re expected to do, the textbook authors have provided you with a list of questions for every Ask a Lawyer scenario. These questions will help you feel confident that you are aiming your thoughtful responses at the right target questions. For example, on page 29 of your textbook, you?ll see the first Ask a Lawyer feature box. The questions for that scenario are on page 58. You?ll always find the questions in exactly the same place?as item 1 under the heading Discussion Questions in the same chapter.
- BUSINESS ETHICS: In questions of this nature, your focus will broaden to a critical discernment of behaviour, in particular self-interested behaviour, on the part of businesses. One of the chief goals of most businesses is to pursue profit. But what if that profit is gained unethically at someone else?s expense? The poet John Donne once wrote, ?No man is an island, entire of itself.? You may find your personal sense of right and wrong stirred up and integrated into your responses as you articulate how, without appropriate constraints, a company may directly or indirectly harm others. Perhaps it is fair to say, ?No business is an island.?
- MEDIA REPORT: Based on the facts of actual law-related stories reported in the media, questions in this format allow you to practise separating your emotions from your legal logic to analyze a current legal issue. Both the Ask a Lawyer questions and the Media Report questions may provide you with opportunities to apply checklists (such as the contracts checklist) that you may develop as part of your approach to writing analytically about complex legal subjects.
- Unit 5, End of Unit: Please turn to page 100 of your textbook and read the Ask a Lawyer feature box. Put your contracts checklist beside this feature box, and assume that in the contract between Manufacturing Supply and Product Supply, there are no concerns with respect to the first seven checklist elements. Now review the last four elements that you have added to the checklist, the defences against an otherwise apparently enforceable contract. Please respond analytically in Part II of your Reflection Journal to the concerns that Manufacturing Supply may have with Products Supply. Also explain whether Manufacturing Supply might alternatively be able to do business with Parts Manufacturing instead. Then turn to page 117 and read the Media Report feature box, again responding analytically to the questions regarding misrepresentation and saving your responses.
- Unit 6, End of Unit: Please turn to page 131 of the textbook to the Ask a Lawyer feature box. Reflecting specifically on the types of breach of contract introduced to you in the second half of this unit, please isolate the issue facing Ashtown Foundry Co. and critically analyze the scenario. Next, please turn to the Business Ethics feature box on page 148 and reflect upon the practice of the use by sellers of standard form contracts, and in exactly what ways some aspects of them may have become draconian. Respond analytically to the question in your journal. As part of your answer, please try to reflect upon the section of Jennifer Housen?s lecture regarding the enforceability of liquidated damages clauses in her Remedies for Breach of Contract video. For your third Reflection Journal entry, please turn to page 152 of the textbook and read the Media Report feature box. Again, please respond analytically.
- Unit 7, End of Unit: To resume your entries into Part II of your Reflection Journal, please turn to page 163 of the textbook to the Ask a Lawyer feature box. Reflecting specifically on the forms of business organization introduced in this unit, please assess which form or forms might be suitable for Able, using the chart of advantages and disadvantages of each form to guide you in your written critical analysis. Turning next to the Business Ethics feature box on page 173, please review the types of duties owed by agents to their principals and the nature of those duties before you respond to this question. Consider as well how many agents may be involved in a listing of real estate and a subsequent purchase. For your third Reflection Journal entry, please read the Media Report feature box on page 175. Once again review the respective duties and responsibilities of principals and agents as you prepare to analyze what Whitney Houston?s father would be required to prove in order to succeed in a breach of contract lawsuit.
- Unit 8, End of Unit: Please turn to page 193 of your textbook now and read the Ask a Lawyer feature box. Keep close by the notes you?ve developed on the advantages and disadvantages of the three forms of business organization as you address your new Reflection Journal scenarios. For this first feature box, you?ll of course be focusing on the pros and cons of partnership and incorporation and how each model might benefit an expanding business operating at more than one location. On page 213 in the Business Ethics feature box, the act of insider trading is raised for your consideration from an ethical perspective. In your Reflection Journal, please explain who else?besides a corporation?s directors, senior officers, and shareholders owning more than 10 percent of the corporation?s voting rights?might be considered a so-called insider who could tip off or be tipped about an undisclosed but significant change to a corporation that could seriously impact upon its value in the marketplace. On page 214, in the Media Report feature box, please critically analyze the liability of Enron itself to its creditors. Next, ask yourself what liability do the shareholders of Enron have to its creditors? Finally, please consider how the usually protective corporate veil might be lifted?and analyze the potential liability to creditors of Enron?s senior directors and officers, given that some have pleaded guilty to conspiracy and fraud.
- Unit 9, End of Unit: On page 251, please read the Ask a Lawyer feature box. In Part II of your Reflection Journal, carefully consider how the technology company?s present contracts (for discussion purposes, assume those contracts are in writing) with corporations in their current client base would change to reflect the change in the nature of their business. Please critically analyze the facts of the scenario, ensuring you address the requirements for application of the relevant statute. Next, please turn to page 269 and read the Media Report feature box. You?ll now have the chance to compare and contrast the powers of consumer protection legislation designed not for business-to-business transactions, but for those where the goods will be personally used by the purchaser. In ?Killer Candy and the Food and Drugs Act,? you?ll see that not every eventuality that could endanger the health and safety of consumers has been anticipated by legislation. Although the Canada Consumer Product Safety Act regulates children?s toys, jewellery, sleepwear, and pacifiers, the Food and Drugs Act does not, as the Media Report points out, regulate the size or shape of food products that may cause the death of children by choking. Again, please respond analytically to the potential danger from choking apparently overlooked by the federal statute. The Business Ethics feature box can be found on page 272. Please provide your opinion as to whether the expenses of compliance for the average, law-abiding business person outweigh the protections provided to consumers.
- Unit 10, End of Unit: On page 356, please read the Ask a Lawyer feature box. In Part II of your Reflection Journal, carefully consider the checklist of common terms in an offer to purchase provided in the textbook, as well as the explanation of a building mortgage explained near the end of Chapter 13. Please critically analyze the facts of the scenario, ensuring you address both components of the question?the purchasing process, and the need for financing the construction of a building for Metro Manufacturing?s new facility. Next, please turn to page 379 and read the Media Report feature box. Again, please respond analytically to all three questions, considering in particular factors such as how long the encroachments have been in existence. Remember that this is your last Reflection Journal entry, and that Part II should be submitted to your instructor at the end of unit 10.
Running Header: REFLECTION JOURNAL - LAW & ETHICS
Reflection Journal - Law & Ethics
REFLECTION JOURNAL - LAW & ETHICS
Reflection Journal - Law & Ethics
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