Suppose that your neighbor puts a For sale sign on her car, offering to sell it for

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Suppose that your neighbor puts a "For sale" sign on her car, offering to sell it for $6,000. You learn that she is moving to another state and needs the extra cash to help finance the move. You know that she could easily get $10,000 for the car, and you are considering purchasing it and then reselling it at a profit. But you also discover that your neighbor is completely unaware that she has priced the car significantly below its Blue Book value. Are you ethically obligated to tell her that she is essentially giving away $4,000 if she sells you the car for only $6,000?

This kind of situation, transplanted into the world of commercial transactions, raises an obvious question: At what point should the sophisticated businessperson cease looking after his or her own economic welfare and become "his brother's keeper," so to speak?

DISCUSSION QUESTIONS
1. Suppose that you contract to purchase steel at a fixed price per ton. Before the contract is performed, a lengthy steelworkers' strike causes the price of steel to triple from the price specified in the contract. If you demand that the supplier fulfill the contract, the supplier will go out of business. What are your ethical obligations in this situation? What are your legal rights?
2. Many countries have no Statute of Frauds, and even England, the country that created the original act, has repealed it. Should the United States do likewise? What are some of the costs and benefits to society of the Statute of Frauds?
3. In determining whether an exculpatory clause should be enforced, why does it matter whether the contract containing the clause involves essential services (such as transportation) or nonessential services (such as skiing or other leisure-time activities)?
4. Employers often include covenants not to compete in employment contracts to protect their trade secrets. What effect, if any, will the growth in e-commerce have on the reasonability of covenants not to compete?

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Related Book For  answer-question

Business Law Text and Cases

ISBN: 978-0324655223

11th Edition

Authors: Kenneth W. Clarkson, Roger LeRoy Miller, Gaylord A. Jentz, F

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