ethics and law
Select two of the scenarios below and explain the best solution. Include comments related to any ethical issues that arise. You should try to locate at least one scholarly source or one case that has been decided or is currently pending to support your answer.
Dr. Carver, a cardiologist, entered into an employment agreement with the Heart Institute. According to the contract, after termination of his employment, for two years, he could not compete with the Heart Institute within a 100-mile radius of it. One year after resigning from the Heart Institute, Dr. Carver opened his own practice within 75 miles of the company and began seeing patients. The Heart Institute filed a breach-of-contract lawsuit against him.
- Provide potential arguments for both parties regarding the breach of the noncompete contract lawsuit. Support your arguments with cases or scholarly articles.
Scenario 2—Intellectual Property
Professor Smart teaches criminal law for Cal Western School of Law, a for-profit law school. Several times during the semester, the professor made copies of various articles and distributed them to his students. Unbeknownst to Smart, the son of one of the article's authors is a student in his class. The son tells his father about Smart's copying, which has taken place without the father's or publisher's permission. The father sues Smart for copyright infringement. Smart claims protection under the fair use doctrine.
- Provide arguments for each party. Determine which party will win. Provide support for the arguments and the final answer with cases or scholarly articles.
In October 2015, Walgreens, the largest drugstore chain in the U.S., announced plans to purchase Rite Aid, another leading drugstore chain. The purchase will face close scrutiny by the Federal Trade Commission (FTC) for potential violation of antitrust laws.
- Present arguments in favor of the purchase and for those who oppose it based on antitrust laws.
Scenario 4—Consumer Protection
On July 15, a salesperson for Liberty Life Insurance met with the Plunks at their home. The Plunks lived in a 55+ retirement community that prohibited door-to-door sales. After facing a persuasive sales pitch about the importance of providing for the surviving spouse and their kids and grandkids, the Plunks signed a contract to purchase a life insurance policy for a total of $1,000 per year. A down payment of $100 was required, with the remainder of the cost to be paid in monthly payments. Two days later, the Plunks had second thoughts about purchasing the insurance. Mr. Plunk contacted the insurance company and stated that they had decided to cancel the contract. The insurance company said it would be impossible to cancel the first year and the Plunks would be in breach of contract if they did not make all of the payments.
- Did Liberty Life Insurance violate any consumer laws by not allowing the Plunks to rescind their contract? Explain