Legal environment db | Law homework help

5. The government should have played its oversight role better to prevent the global financial crisis. Banks should not have been allowed to bear so much risk by lending to individuals whose credit worthiness was not good.  Government intervention in business is supposed to benefit businesses by ensuring fair competition, quality products are being produced and that only licensed companies engage in business (Mason, 2007).

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6. Government should play the role of facilitator for businesses in any economy. The government can fulfill this role by enacting laws that are fair to business, negotiating for preferential treatment of local products internationally, and removing impediments to trade. Political differences could lead to diverse opinions on this issues with people that are against foreign investors coming to the country calling for greater protectionism (Mason, 2007).

7. The offering of shares in learning does not have to be registered with the securities exchange commission because the university is only located in California. Under the Act, such an offering receives an exemption from the registration because only people within California are likely to purchase the shares. However, if made by a profit making entity or a public university, the offering would have had to be registered with the SEC because that would an offer to the whole public as opposed to a section of people (Mason, 2007).

8. Employers have a duty to check the background of employees and ensure they are fit for the work they are expected to do.  An employer is liable for negligent hiring if they had prior knowledge that the employee may be unfit for the job before hiring them (Auzir, 2011). Some of the precautionary measures that the employer should do include checking for criminal record and reasons for leaving the previous place of work.

9. If the AT & T with T-mobile merger had taken place, antitrust laws would have been violated. First, the move would have reduced competition in the market and given the newly formed company a large market share. Consumers would have been left with fewer choices on mobile service providers at a time when many consumers were complaining about high bills from current providers.  Further, the current customers of  T-Mobile would have seen their provider altered without consent (Auazir, 2011).

10. Employers should be allowed to discriminate employees on weight and attractiveness because the appearance of employees greatly affects the impression that customers have about a business. The primary role of a business is to make profits and should not give this up in pursuit of equality of fairness in recruitment. However, court case rulings in the US have showed that weight and appearance in the US are a form of discrimination especially in women seeking jobs as prison guards (Auazir, 2011).

11. As a business marketing executive, it would be important to have a policy against green washing. Currently, businesses find it difficult to give accurate information about the contents of their products and only give partial information. However, businesses have an ethical duty not to engage in misleading marketing activities. It would be advisable to give customers all information to make an informed purchasing decision because lawsuits could be brought against the company later on (Mason, 2007).

12. A law that is relevant to my current and future employer is the provision on wetlands. Businesses located within wetlands have get the advice of environmental agencies when disposing wastes near wetlands (Mason, 2007). Businesses have to streamline their waste management processes and finally get a certificate from state environmental authorities.

References

Auzair, S. (2011). The effect of business strategy and external environment on management control systems: A study of Malaysian hotels. International Journal of Business and Social Science, 2(13), 236-244.

 

Mason, R. B. (2007). The external environment’s effect on management and strategy: a complexity theory approach. Management decision, 45(1), 10-28.

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