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Final

LAW 122 Study Guide - Final Guide: Times New Roman, Style Guide, Drivespace


Department
Law and Business
Course Code
LAW 122
Professor
Stan Benda
Study Guide
Final

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LAW/CLAW 122 ESSAY ON ETHICAL REASONING ASSIGNMENT
INSTRUCTIONS
1. Review the following fact pattern and respond to the question at the end of the fact
pattern by writing a brief (maximum 500 words, excluding footnotes) essay.
2. This assignment is due in the 10th class of the term.
3. Please ensure that you include the following information with your assignment: your
name, your student number, and the total number of words in your essay.
4. This is an individual assignment. You may not work in groups; you may not submit the
same essay as any of your classmates.
5. Your essay should be typed and, if there are multiple pages, stapled. Please double-space
your essay and use Times New Roman 12point font.
6. Please review the definition of “plagiarism”. It is set out below, along with other
information about academic integrity. There is also a link to a style guide to show you
the proper format for footnotes.
7. You must submit this paper to turnitin.com. Further instructions about submitting the
paper to turnitin.com will be provided soon.
8. A list of campus resources that provide assistance with essay writing is set out below.
9. The rubric that will be used to grade your paper is set out below.
FACT PATTERN AND QUESTION
Bob is a builder. He specializes in renovating homes. Business has not been great, though, due
to the recession. Bob was therefore very happy when Martha called him to tell him that she had
recommended him to one of her clients.
Martha is a real estate agent. She and Bob know each other through the Toronto Builders and
Real Estate Association (TBREA), an industry organization that promotes networking, among
other things. Raj contacted Martha because he was considering putting his house on the market.
After some conversations with Martha, Raj decided that he would prefer to renovate his house
rather than sell it and move to a new location. Martha recommended that Raj contact Bob to do
the renovations.
Raj did contact Bob and hired him to do major renovations to his home. This project turned out
to be pivotal for Bob: it provided enough income to keep Bob’s business afloat. After Raj and
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Bob signed the contract for the project, Bob was so grateful to Martha for the referral that he
spontaneously called her to thank her again. Bob got a bit carried away and promised Martha
that he would give her a $1000 referral fee as a way of thanking her for putting Raj in contact
with Bob. Martha graciously accepted this offer, saying that the referral fee would be
appreciated. After all, the real estate market had been slow, too.
About six months later, Bob completed the renovation project for Raj. Raj was very pleased
with Bob’s work, and recommended Bob to several of his friends. Consequently, Bob’s business
started to get busy again. With all the work he suddenly had, Bob forgot about the promise he
had made to Martha.
But Martha did not forget. Real estate sales were slow, and she really needed every dollar she
could get. Plus, Martha reasoned to herself, she could have taken advantage of Raj’s situation
and convinced him to sell his house rather than doing what was right for him, namely suggesting
that he renovate instead. From Martha’s perspective, she had done what was best for Raj and she
had done a big favour for Bob, who was now reaping a huge reward from her sacrifice. Martha
felt that the least Bob could do was pay that referral fee he had promised. Martha began to
grumble about Bob at the TBREA; she made vague references to the fact that he “just doesn’t
keep promises” to people at TBREA networking events. Martha felt that she was just blowing
off steam when she said these things. But her off-hand comments could have serious
repercussions since they affect Bob’s reputation as a businessman.
Write a brief essay [maximum 500 words, excluding footnotes] that analyzes the ethical and
legal position of EITHER Bob OR Martha. Make an argument about whether or not
Bob/Martha has acted legally and ethically, using one of the four types of ethical reasons
discussed in class. (For your convenience, the four types of ethical reasons discussed in
class are set out below.)
You should ensure that you do the following in your essay:
(a) Identify an issue for the character you have chosen (Bob or Martha) that raises both
an ethical and a legal issue;
(b) Identify Bob’s/Martha’s legal obligations with respect to this matter (will he or she
be liable and why/why not);
(c) Discuss the ethical dimension of this issue using one of the ethical forms of reasoning
that we have discussed in class. In particular, make an argument about whether
Bob/Martha has acted ethically. If Bob/Martha has not acted ethically, what could
he/she have done differently?
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