When establishing a relationship through contracting, it is important for both parties to protect themselves in the event of a disagreement over morality. In this disagreement, the provision left out of the contracta morals clauseis nearly as important as what is included. In 2015, Chef Jose Andres pulled out of a deal to develop a Spanish restaurant in then-presidential candidate Donald Trump's Washington, DC Old Post Office Building hotel. The plan for Andres' Think Food Group company was to place and operate an upscale restaurant named Topo Atrio within the international luxury hotel. The world-famous chef refused to continue with the project after Trump disparaged Mexicans as "rapists" and "drug dealers," saying, "The perception that Mr. Trump's statements were anti-Hispanic made it very difficult to recruit appropriate staff for a Hispanic restaurant, to attract the requisite number of Hispanic food patrons for a profitable enterprise, and to raise capital for what was now an extraordinarily risky Spanish restaurant."17 260 The Trump Organization sued Andres for $10 million for breach of contract, with the chef's company countersuing for $8 million. In 2017, the case was settled, with both parties declining comment on the details. In 2019, the celebrity chef said he "would serve small dishes of faith, immigrants, inclusion and democracy" if he were tasked with creating a menu for President Trump, saying that "what you eat, you become."18

VALUE GOAL: To protect contracting parties in a morality-based disagreement.

STRATEGY: Design a strategy that would provide protection in a contract in case of a moral dispute between the contracting parties.

LAW: Research the contract language known as the "morality" or "morals" clause. This type of provision has been used in all types of contracts and is especially common in agreements between athletes or actresses/actors and their employers. After studying the form of this clause, decide if this language has any impact on your strategy. If necessary, refine your strategy to align this option with the law.b

ETHICS: In the abstract, businesses are a synthesis of contracts, internal standard operating procedures, and industry/external rules and regulations. But in their day-to-day concrete practices, companies are often an amalgamation of the beliefs and perceptions of their owners and employees, and this combination directly influences decision making. In your ethics analysis, keep this key factor in mind as you work through these four steps of ethical decision making: (1) describe the ethical dilemma, (2) identify the stakeholders involved, (3) analyze options (including how each group of stakeholders will be affected), and (4) make a decision based on your analysis. After examining ethical issues associated with the strategy, determine whether any modifications should be made.