Running Header: FINAL PAPER
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Outline of Final Paper
Amanda Craig
BUS670 Legal Environment
Shawn Grimsley
August 24, 2015
FINAL PAPER
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Outline of Final Paper
1. 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 secrets
or goodwill.
1. “They are justified when an employee has a management-level position in
a high tech or sophisticated knowledge and innovation field, or when he or
she is a prominent industry figure who could instantly harm a company by
leaving 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 Law
1. “The basic rules of contract law apply in creating a valid employment
contract: competency to contract, offer, acceptance, and valid
consideration” (Haas, Clifton, Martin & Peters, 2014, p. 126, para. 2).
b. Contract Law
1. “Contract law is governed by common law because it deals with anything
other than the sales of goods” (Seaquist, 2012, chapter 9.1).
2. “In contract law, a clear dividing line between reasonable and
unreasonable terms does not exist but is a matter of judicial discretion, so
a court will study each case individually” (Seaquist, 2012, chapter 9.2,
para. 42)
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3. Describe the elements of a contract that will make the contract binding and
legal.
1. Offer
2. Acceptance
3. Consideration
4. Capacity
5. Legality
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References:
Estlund, C. L. (2006). Between Rights and Contract: Arbitration Agreements and Noncompete Covenants as a Hybrid Form of Employment Law. University Of
Pennsylvania Law Review, 155(2), 379-445.
Haas III, W. M., Clifton III, W. M., Martin II, W. J., & Peters, A. K. (2014). Labor and
Employment Law. Mercer Law Review, 66(1), 121-133.
Moffat, V. R. (2012). MAKING NON-COMPETES UNENFORCEABLE. Arizona Law
Review,54(4), 939-984.
MULLINS, R. (2014). NON-COMPETE AGREEMENTS: DON’T JUST SIGN ON THE
DOTTED LINE. Journal Of Property Management, 79(4), 26.
Non-Competition Agreements: Overview – FindLaw. (n.d.). Retrieved August 25, 2015, from
http://employment.findlaw.com/hiring-process/non-competition-agreementsoverview.html
Pelczarski, K. (2013). Dealing with non-compete agreements. Tribology & Lubrication
Technology, 69(11), 98-100. Retrieved from
http://search.proquest.com/docview/1450040145?accountid=32521
Seaquist, G. (2012). Business law for managers. San Diego, CA: Bridgepoint Education,
Inc.
Those Unethical Noncompete Clauses. (2014). Retrieved August 25, 2015, from
http://ethicsalarms.com/2014/10/18/those-unethical-noncompete-clauses/
Ursery, D. (2002). Normative Ethical Principles and Theories: A Brief Overview. Retrieved
August 25, 2015 from http://faculty.stedwards.edu/ursery/norm.htm#contract
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