FINAL PAPER BUS670 Legal Environment – The basic rules of contract law

| June 14, 2018

Running Header: FINAL PAPER1Outline of Final PaperAmanda CraigBUS670 Legal EnvironmentShawn GrimsleyAugust 24, 2015FINAL PAPER2Outline of Final Paper1. A description of a business situation that presents a legal and ethical issue.a. Non compete contracts are contracts designed to protect the organization’s secretsor goodwill.1. “They are justified when an employee has a management-level position ina high tech or sophisticated knowledge and innovation field, or when he orshe is a prominent industry figure who could instantly harm a company byleaving and launching direct competition” (Ethics Alarms, 2014, para. 2).2. A description of at least two ethical theories under which the situation will be analyzed.a. Contract Ethics Theory : Need to research more on this theory.b. Still researching the ethical theories that relate to non compete contracts.3. An explanation of the specific areas of law under which the situation will be analyzed.a. Employment Law1. “The basic rules of contract law apply in creating a valid employmentcontract: competency to contract, offer, acceptance, and validconsideration” (Haas, Clifton, Martin & Peters, 2014, p. 126, para. 2).b. Contract Law1. “Contract law is governed by common law because it deals with anythingother than the sales of goods” (Seaquist, 2012, chapter 9.1).2. “In contract law, a clear dividing line between reasonable andunreasonable terms does not exist but is a matter of judicial discretion, soa court will study each case individually” (Seaquist, 2012, chapter 9.2,para. 42)FINAL PAPER33. Describe the elements of a contract that will make the contract binding andlegal.1. Offer2. Acceptance3. Consideration4. Capacity5. LegalityFINAL PAPER4References:Estlund, C. L. (2006). Between Rights and Contract: Arbitration Agreements and Noncompete Covenants as a Hybrid Form of Employment Law. University OfPennsylvania Law Review, 155(2), 379-445.Haas III, W. M., Clifton III, W. M., Martin II, W. J., & Peters, A. K. (2014). Labor andEmployment Law. Mercer Law Review, 66(1), 121-133.Moffat, V. R. (2012). MAKING NON-COMPETES UNENFORCEABLE. Arizona LawReview,54(4), 939-984.MULLINS, R. (2014). NON-COMPETE AGREEMENTS: DON’T JUST SIGN ON THEDOTTED LINE. Journal Of Property Management, 79(4), 26.Non-Competition Agreements: Overview – FindLaw. (n.d.). Retrieved August 25, 2015, fromhttp://employment.findlaw.com/hiring-process/non-competition-agreementsoverview.htmlPelczarski, K. (2013). Dealing with non-compete agreements. Tribology & LubricationTechnology, 69(11), 98-100. Retrieved fromhttp://search.proquest.com/docview/1450040145?accountid=32521Seaquist, G. (2012). Business law for managers. San Diego, CA: Bridgepoint Education,Inc.Those Unethical Noncompete Clauses. (2014). Retrieved August 25, 2015, fromhttp://ethicsalarms.com/2014/10/18/those-unethical-noncompete-clauses/Ursery, D. (2002). Normative Ethical Principles and Theories: A Brief Overview. RetrievedAugust 25, 2015 from http://faculty.stedwards.edu/ursery/norm.htm#contractFINAL PAPER5

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