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The insistence is that the procedures that led to the end result were all followed fairly and there was no unfair means adopted in the hearings and negotiations. Thinkers are of the opinion that substantive fairness in contracts is simply pseudo-problems. Thus to the persons who think of fairness and not conducting and unconscionable bargain or having the negotiation done with proper procedures would be sustentative fairness. That the method of negotiation came with an improper strategy can be of no concern. If the procedures are followed to the letter, then there is no need to go into the contract's substantive fairness. In cases where a settlement is made out of court, the fairness must be assumed if the processes seem flawless and then the courts ought not to police the bargains to see that it is fair all round. (Buckley, 1990) Therefore...
Identify what concealment behaviors would be ethical and unethical in this negotiation
Settling a lawsuit is conducted in a totally different environment from the court. The judicial system which regulates the way the cases are conducted is absent and a degree of freedom is offered by the absence of a judicial scrutiny to settle matters out of court. Concealment, though maybe morally wrong need not be legally so. Long ago the Minnesota Supreme Court affirmed the vacation of a claim for personnel because the attorneys failed to disclose that the plaintiff, David Spaulding suffered aortic aneurysm due to the
Fairness can be different things to different set of peoples. The view of what constitutes fairness is more of a personal perception. The lawyer's role is to see that his client gets the deal that is satisfactory but need not necessarily be fair in common perception. The insistence is that the procedures that led to the end result were all followed fairly and there was no unfair means adopted in the hearings and negotiations. Thinkers are of the opinion that substantive fairness in contracts is simply pseudo-problems. Thus to the persons who think of fairness and not conducting and unconscionable bargain or having the negotiation done with proper procedures would be sustentative fairness. That the method of negotiation came with an improper strategy can be of no concern. If the procedures are followed to the letter, then there is no need to go into the contract's substantive fairness. In cases where a settlement is made out of court, the fairness must be assumed if the processes seem flawless and then the courts ought not to police the bargains to see that it is fair all round. (Buckley, 1990) Therefore the question of fairness must be seen from the light of the overall proceeding than the result and if the result is agreeable to parties the fairness of the verdict becomes a mere academic question.
3. Identify what concealment behaviors would be ethical and unethical in this negotiation
Settling a lawsuit is conducted in a totally different environment from the court. The judicial system which regulates the way the cases are conducted is absent and a degree of freedom is offered by the absence of a judicial scrutiny to settle matters out of court. Concealment, though maybe morally wrong need not be legally so. Long ago the Minnesota Supreme Court affirmed the vacation of a claim for personnel because the attorneys failed to disclose that the plaintiff, David Spaulding suffered aortic aneurysm due to the
As a representative I take responsibility for the deaths of these animals and would like to cooperate with those harmed to help them feel like justice was done. Unlike the three options in the instructions, I would not say I only had $100,000 to divide up among the families but I would not reveal my bottom line, because that is an appropriate tactic. I would also do my homework
Business Lawsuits Summarize the actions that lead to the lawsuit. The actions that lead to the lawsuit are from an Ace Hardware franchisee alleging that they were defrauded by the company. What happened is Roy and Pattie Ewers are suing based on the fact that the company deceived them into buying a well-known hardware store in Northern Virginia (named Fisher Hardware). The basic idea is that the Ewers' would make an initial
Actions Lawsuits in Employment Sex-Discrimination Lawsuits: When are they Appropriate? The class action lawsuit is a somewhat controversial tool, particularly in the case of employment discrimination. In many ways, it is a hallmark of judicial efficiency. After all, if a number of plaintiffs have the same claim against a defendant, it is inefficient to try the same case a number of times. Moreover, later plaintiffs may be unable to recover
Naked Juice Company started by Jimmy Rosenberg in Santa Monica in 1983. The company began as an operation out of a house, where the juice was made, and it was sold on the beach to sunbathers. The company's products were popular, and it began to professionalize. The first step was to secure distribution in California. Over the past 21 years, however, Naked Juice has become a much larger brand. Distribution
This is usually a low standard to achieve. As long as a person acts in a way which avails the person of the protection of the laws of that state, that person has subjected themselves to the jurisdiction of that state (International Shoe). Next, the complaint will allege subject matter jurisdiction, i.e., that the lawsuit fulfill the requirements for this court to hear it? Pertinent requirements can include how much
Comcast HR Summary of the Organization Comcast Corporation, a leading cable, telecommunications, and entertainment public company, was incorporated in 1969 (Funding Universe, 2014). The fourth largest cable company in the United States, it enjoys the patronage of 4.4 million subscribers in 21 states with its cable, cellular and wireless telephone products, which bring in enormous revenues. It also accounts for 26% of the entire manpower in the industry (Comcast, 2013). It boasts