Commercial and Corporation Law PDF
Added on - 10 May 2020
Commercial and corporation law
TASK 2: RELATIONSHIP BETWEEN LAW AND ETHICSPresent part of the study is based on an evaluation of the relationship between law and ethicsby considering their fundamentals and appropriate case laws in New Zealand. Descriptionwill be inclusive of consideration of the case of Shawn and Barbara to outline aspects of lawand ethics in the same.LawLaw consists of rules and regulation that are imposed by social institutions in order tooversee behaviour. There is three main theoretical descriptions of law: first is the utilitariananswer, in which law is considered as a command, engaged by warnings of sanctions, froman autonomous to the individuals having a habit of compliance (Crane & Matten, 2016).Second are natural lawyers, as law represent morality and fixed nature of justice, the lawtakes place from social impulse as well as reasons. Last but not the least is positivism of lawthat is conflicting to inherent ideas, real law is totally different from morality and its origin.EthicsEthics is basically a morality study, though morality consists of rules of conductstating what individuals can and cannot do in different circumstances. In addition to this,ethics are reasonable and sophisticated analyses which are advantageous or disadvantageousto other individuals. According to Ford & Richardson (2013) ethics are supported by logicand reasons. Since different individuals have different perceptions regarding a situationaslong as the same is supported by sensible logic(Ford & Richardson, 2013).Relationship of law and ethicsIn terms of the relationship between ethics and law, the must thing to consider is thatEthics oblige behaviour but not law and the law widely represents ethics and morals. Thereare generally fourpillars of ethics. First is Autonomythat is to give respect to every right ofthe patient to autonomy. Second is Beneficencewhich is the duty to perform well in wherepossible(Treviño, den Nieuwenboer & Kish-Gephart, 2014). The third is Non-Maleficencewhich reflects the duty to not to get engaged in misconduct. Forth is Justicethatis treating everybody as equal and fair.By this way, the law represents these principles:Autonomy which is consisted of Consent, privacy/seclusion and record access, inBeneficence it includes Negligence Law. Non-Maleficence is inclusive of illegal Law andregulations of Negligence Law. Further, in justice Anti-discrimination is comprised.
According to the introduction of laws, some individuals believe that laws developfrom morality,which is considered to be the same standard of ethics.Also, at present, manylaws are based on freedom, justice and fairness of idea. This is more related to logic andfocuses on reasons(Bond, 2015). Thus, law standards match to the ethical ideas of people tosome degree.Sometimes laws and ethics make decisions similar but sometimes are different to eachother, as it is based on situations as long as they are reasonable. An individual can supporttheir actions by considering their own perception to ethics, irrespective of the fact thatwhether it is supported by law or not.According to the study ofBednarz(2013), there is an existence of the ethical andlawful relationship. In some examples, laws and ethics extend beyond and what is alleged asunethical is considered as against the law. In remaining situations, they might not go beyond.In some situations, what is alleged as unethical is legal and in other situations illegal isalleged as moral. The behaviour might be considered as ethical to an individual or a groupbut is not likely to be alleged as ethical to others(Wang & Hsieh, 2013). Further, thecomplexity of behaviour, lawsmight likely to be legislated, efficiently describing the positionof government and most probably the opinion of majority regarding the behaviour.Consequently, by seeing today’s changing environment of business, one must keep in mindthat law and ethics are not essentially alike.For this aspect case of Finch Motors Ltd v Quin (No 2) 2 NZLR 519 can beconsidered. This case is considered to be a significant case about the quality of merchantablegoods as per theSale of Goods Act 1908and theConsumer Guarantees Act, 1993.The courtlined that the radiator fault was suppressed. However the car dealership was known about thisfault at the time it has been put into a sale(Lawrence & Weber, 2014). The faulty radiatorfurther made the car incompatible for the customers, and they claimed it, as the car was notaccording to their want, specifically for towing a boat. Therefore by considering the case, thesale of car contravened Section 16(a), and the Quins were allowed to make car returns to thecar dealership.Ethical and legal values are generally related to each other; however ethicalobligations on average surpass legal principles(Treviño, den Nieuwenboer & Kish-Gephart,2014). In some situations, the law commands conduct of ethics. Some examples of this lawapplication or ethical policy are inclusive of federal regulation, ethical codes and employmentlaw. However, mostly law symbolize ethics and legal principles are far from co-extensive(Trevino & Nelson, 2016). For this aspect; the law of negligence can be considered.