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ADM 3360 Lecture Notes - Lecture 5: Legal Personality, Natural Person, Parol Evidence Rule

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azuregoat597
22 Jan 2018
School
University of Ottawa
Department
Administration
Course
ADM 3360
Professor
Gilles Le Vasseur

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Document Summary

There is a rule there, but if people is going to violate the rule, rule will not exist and we need to rebuild the rules. The point in united kingdom, they do not have constitution, it based on traditional formal law. They do not need to apply the human rights. They are built on the fair of right. The human can be violated in canada but not in united kingdom. The result is that people who voted immigration, do not hope their community to change significantly because of immigration. They have to request a provision to remove. The charter of right is higher than parliament, but in uk, there is no charter of right and the parliament is the premiere. The parliament can withdraw the chart of right, the legislation and human right. In 1981, quebec was going to vote for independent and get 49. 8% of vote.

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Related Questions

Topic:
How would you explain the finding that people in high-income economies seem happier than people in low-income economies, but, over time, people in high-income economies do not seem to be any happier even if their country grows richer? Briefly discuss.

Optional Reading:

Income and Happiness

The Declaration of Independence in 1776 identified “certain unalienable Rights, that among these are Life, Liberty, and the Pursuit of Happiness.” This did not guarantee happiness but did establish the pursuit of happiness as an “unalienable” right, meaning that right cannot be taken away, given away, or sold. Eighteenth century philosopher and social reformer Jeremy Bentham argued that government policy should promote the greatest happiness for the greatest number of people.

Many people today apparently agree. In recent polls, 77 percent of Australians and 81 percent of Brits believed that a government's prime objective should be promoting the greatest happiness rather than the greatest wealth. The United Nations in 2007 sponsored an international conference on “Happiness and Public Policy.” Thailand now compiles a monthly Gross Domestic Happiness Index. Even China has joined in the fun reporting a happiness index based on polling results about living conditions, income, the environment, social welfare, and employment. Australia, Canada, and the United Kingdom are also developing happiness indexes.

Economists have long shied away from asking people how they feel, preferring instead to observe their behavior. But more now see some value in asking questions. In the most extensive of polls, the Gallup organization asked people in 130 countries: “How satisfied are you with your life, on a scale of zero to ten?” The results, reported in 2007, are not surprising. Most people in the high income areas, such as the United States, Europe, and Japan, said they are happy. Most people in the poor areas, especially in Africa, said they are not. Also, within a given country, income and happiness are positively related. After evaluating all the results of the Gallup world poll, Angus Deaton of Princeton concluded: “The very strong international relationship between per capita GDP and life satisfaction suggests that, on average, people have a good idea of how income, or the lack of it, affects their lives.” 8

So these results are no surprise. What does puzzle economists is that other surveys suggest that in affluent countries people do not seem any happier over time even though each generation became richer than the last. For example, in the United States, the proportion of people who say they are happy has stayed about the same despite 60 years of economic growth. In Japan, happiness responses actually declined despite a substantial increase in real income over the last 50 years.

Here are two possible explanations. First, people begin taking for granted those luxuries they most desired. For example, two generations ago color TVs, automobiles, and major appliances were luxuries, but now they are must-items for most households. Computers and flat screen HDTVs will soon move from luxuries to necessities. As each generation attains a higher standard of living, people become less sensitive to the benefits, they take them for granted, and thus they say they are no happier.

Second, research suggests that what matters is not just the absolute level of income but income relative other people in the reference group. Imagine you have a choice between (1) earning $50,000 a year while others in your reference group make $25,000 or (2) earning $100,000 a year while others make $250,000 (suppose, too, that prices remain the same, so $100,000 is double the real income of $50,000). Which would you prefer? Studies show that when people face this hypothetical choice, most pick the $50,000 option. That is, they prefer to make more than others even if that means a lower real income. Thus, if all incomes rise on average over time, this does not affect that aspect of happiness linked to one’s relative standing. As the social critic H. L. Mencken long ago observed, "A wealthy man is one who earns $100 a year more than his wife's sister's husband."

SOURCES: Daniel Gilbert, Stumbling On Happiness, (New York: Knopf, 2006); Marina Kamenev, “Rating Countries for the Happiness Factor,” Business Week, 11 October 2006; Angus Deaton, “Income, Aging, Health, and Wellbeing Around the World: Evidence from the Gallup World Poll,” Princeton Working Paper, (August 2007); and “Where Money Seems to Talk,” Economist, 12 July 200

1. Whistleblowing in the private employment sector in the United States typically is

Not protected by a uniform federal law

Protected under some state whistleblower protection statutes

Usually protected by the law if the disclosure is made to the media since the disclosure will be widespread and thus do the most good

Never required morally pursuant to Kantian ethics since the consequences for the whistleblowing employees usually are harsh, for example, loss of employment.

2. Advocate Antonio believes that corporations should not only be held accountable for their financial states, but also for some level of charitable and community and civic involvement. Antonio's beliefs would most likely be defined as:

A code of ethics

A social responsibility view

A corporate moral audit

A distributive justice legal theory.

3. What did Kant mean by the "Categorical" part to his Categorical Imperative?

You must act legally, period, because the "law is the law."

You and your company must act in a socially responsible manner if you and your company want to be placed in the "good corporate citizen" category.

You must act morally if the consequences are definitely good for you and your firm.

You must act morally based on what your reason informs you is the supreme ethical principle and the correct moral course of action regardless of consequences.

4. As to why a company should be a socially responsible one and get involved in civic and charitable affairs, Socrates would likely argue:

Justice is the will of the stronger.

Money comes from virtue.

Ignorance of the law is no excuse.

Virtue comes from money.

5. Happy Feet manufactures shoes in Country Y for sale in the United States. Happy Feet's president discovers that the Country Y workers' average age is sixteen and that they work on average of 13.2 hours per day in a 90 degree warehouse with insufficient safety precautions, all of which practices are legal in Country Y. The president of Happy Feet decides to improve the working hours and conditions of the company's workforce, even though these actions will be more expensive for the company. The president's decision is best described as

Lawful profit maximization

Moral profit-making

Illegal since the shareholders of Happy Feet might be harmed

Social Darwinism.

6. Which of the following statements is most accurate?

Morals are legal minimums.

Morals are legal maximums.

Laws are moral minimums.

Laws are moral maximums.

7. International Sales Corporation, like other business, has enforceable duties prescribed by

Ethics and the law

Ethics only

Neither ethics nor the law

The law only

8. Which is an accurate statement about the modern business corporation|

The corporation, once approved by the state and given a corporate charter, is a legal actor and artificial "person" endowed with legal and certain constitutional rights.

According to the traditional, conservative, Milton Friedman, organizational view of the corporation, it is only a legal actor and has no moral or social responsibility and just must obey the law and pay taxes.

A true corporate code of ethics today must have some provisions that go "above and beyond" the law; that is, an ethics code cannot be a mere "restatement" of the law.

All of the above.

9. A problem with the Last Resort principle when applied to business is:

Does business have the capability to help and to aid the community and local charities?

Is business the last real alternative to help and to aid the community and local charities?:

Are there potential legal liability issues for helping, aiding, and rescuing?

All of the above.

10. A spray paint company discovers that its products are being misused by children and young people, who get "high" sniffing the fumes. There are no warning labels on the spray paint cans. The company would be best deemed to have what type(s) of obligation and duty to take steps to protect children and young people?

An ethical obligation but not a legal duty

A legal obligation but not an ethical obligation

Both an ethical obligation and a legal duty

Neither an ethical obligation nor a legal duty.

“It’s saying you must include each of the following: nonconformist” Can someone please do this for me fix it up

When we think of nonconformity, to me this is a state of being In which an individual has a since of pride and pose about themselves. This cannot be confused with being conceited, but modest a form of modesty that brings assurance and clarity to decision and actions. While reading ralph waldo emerson essay "Self-Reliance" । began to believe that what he dems as nonconformity would be known as today "Independence" this form of Independence is really focused on one's ability to detach themselves from their surroundings, people, situation and relationships. In this life, we are taught many things that are given labels but no one really question those labels as to why they are there. The idea of thinking outside of the box is frowned upon and what we heard many times in elementary school " work the problem exactly how you see it in the back book, there is only one way to solve this problem" in which to some appeared to be foreign to this idea and created multiply ways to present answers. The Idea of nonconformity to me appears to be very important because I believe people need to have this form of comfortability and freedom to grow an never be shaped or sculpted into the liking of someone else. I believe nonconformity is the very thing that enables an individual to be human and express those feeling, lifestyles and liberties. I also realized while reading Emerson's essay that one should not yield oneself to other people who wish to control them and take from us our power. This gives that individual power which can stunt one's growth in spirit, my mind and body. We should look and strive to be different never desiring to be like others for we are who we are. We are human in our own right.