Legal/Ethical Issues

Final Paper

Focus of the Final Paper

Prepare an 11- to 15-page paper (not including the title and reference pages) that assesses a legal/ethical issue or situation relating to a current, previous, or potential future work environment. Use at least 10 scholarly sources that are suitable for research in a graduate-level course.

Your paper must include the following::

A description of a business situation that presents a legal and ethical issue. The business situation must be from prior, current, or anticipated future employment experiences or from a current event. The description of the business situation must not exceed two pages.

An analysis of the ethical concerns raised by the situation.

Apply at least two different ethical theories to the situation to support at least two different outcomes.

The paper must determine which ethical outlook as applied to this particular situation will result in the best legal outcome for the business.

An explanation of at least three of the relevant areas of law that have been addressed in this course (e.g., constitutional law, contracts, anti-trust law, securities regulations, employment law, environmental law, crimes, or torts) and an assessment of the each area of law as it applies to the business situation identified.

A recommendation to reduce liability exposure and improve the ethical climate or the overall ethics of the situation. Your recommendation must be supported by specific legal, ethical, and business principles.

Writing the Final Paper

The Final Paper:

Must be 11 to 15 double-spaced pages in length (not including the title and reference pages), and formatted according to APA style as outlined in the Ashford Writing Center.

Must include a title page with the following:

Title of paper

Student’s name

Course name and number

Instructor’s name

Date submitted

Must begin with an introductory paragraph that has a succinct thesis statement which identifies the focus of the paper.

Must address the topic of the paper with critical thought.

Must end with a conclusion that reaffirms your thesis.

Must use at least 10 scholarly sources.

Must document all sources in APA style, as outlined in the Ashford Writing Center.

Must include a separate reference page, formatted according to APA style as outlined in the Ashford Writing Center.

Carefully review the Grading Rubric for the criteria that will be used to evaluate your assignment.
Here is my outline i will use. Also here are some comments about the outline from my instructor. This outline was written by one of your writers. Refer to order #7687 business law final paper outline in your system.

BUSINESS LAW

The Outline

I. Introduction

A. Summary

The legal and ethical implication of gross negligence to a business organization is the focus of the final paper. Different organizations have suffered immensely due to gross negligence particularly by the board of directors, executive managers, departmental heads, and front-line employees (Emerson, 2009).

B. Goals

The paper aims to provide a comprehensible description of gross negligence in addition to highlighting at least two ethical theories, which will be the basis of analysis of gross negligence (Davies et al, 2013). It further intends to expound on specific areas of law under which gross negligence will be analyzed.

C. Thesis

Gross negligence in a business set up is both of legal and ethical concern to stakeholders and shareholders because it can potentially impede the overall performance and key decisions that affect various entities.

II. Description of gross negligence

Gross negligence refers to a conscious and reckless disregard of the need to exercise reasonable care. It results to foreseeable harm or injury to property, individuals, or a business organization (Rendell, 1997). A manager’s failure to conduct thorough investigations of matters affecting the business enterprise and stakeholders is considered gross negligence. Therefore, the board, executive managers, and ordinary employees should not act in a manner that violates their legal and ethical obligation of care (Rendell, 1997).

III. Description of two ethical theories under which gross negligence is analyzed

The analysis of gross negligence will be based on two ethical theories namely the Utilitarian theory and the Casuist ethical theory.

A. Utilitarian theory: The theory is mainly concerned with the ability or capacity to foresee the outcomes of an action (Fallbrook, 2005). A utilitarian will consider choices that yield maximum benefits to be ethically correct.

B. The Casuist theory: The theory primarily concerns comparison of current/existing ethical dilemma with past cases of similar nature and their outcomes.

IV. Explanation of specific areas of law under which gross negligence is analyzed

A. Punitive damages: Many jurisdictions offer punitive damage to the plaintiff.

B. Compensatory damages: The law provides for monetary payments for losses in medical expenses, mislaid property, and lost wages.

C. Other critical areas: They include description of a reasonable person, proof of negligence, duty, proximate cause, intervening cause, and defenses to negligence liability.

V. Conclusion

Gross negligence is of both legal and ethical concern to business organizations. Furthermore, the consequences of gross negligence can be dire in both the short term and long term.

References

Abbott, K., Pendlebury, N., & Wardman, K. (2007). Business law. London: Thomson.

Carney, L., & Kennedy, C. (2013). Gross negligence interpreted and applied in ireland. International Financial Law Review

Clarkson, K. W., Miller, R. L. R., Cross, F. B., & Clarkson, K. W. (2012). Business law: Text and cases : legal, ethical, global, and corporate environment. Mason, OH: South-Western Cengage Learning.

Curry, E. K. (2008). MBA fundamentals: Business law. New York: Kaplan Pub.

Davies, P. S., Virgo, G., In Burn, E. H., Virgo, G., & Virgo, G. (2013). Equity & trusts: Text, cases, and materials.

Emerson, R. W. (2009). Business law. Hauppauge, N.Y: Barron’s Educational Series.

Fulbrook, J. (2005). Outdoor activities, negligence, and the law. Aldershot, Hants, England: Ashgate.

Issue of gross negligence may void damage waiver. (2005). ENR, 255(14), 18.

Mulheron, R. P. (2010). Medical negligence: Non-patient and third party claims. Farnham, Surrey, England: Ashgate.

Pastor, J. F. (2006). Security law and methods. Burlington: Elsevier.

Rendell, R. S. (1997). US: Gross negligence or wilful misconduct. International Financial Law Review, 16(10), 65.

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