In the first case study it’s evident that john agreed to the terms and conditions in order to enable installation of his new bought computer from gateway. Although the terms include an arbitrary agreement with explains that incase of any disputes an arbitrator has a right to give his verdict and it generally prohibit a customer from having a lawsuit against the company (Donaldson et al., 2002). Therefore, in this case john is bound to the arbitrary agreement but in case he wants to take his case to court that will depend if Gateway’s agreements are non- binding arbitrary clause agreement where he would but if its binding he will have to adhere to the rules of Gateway. His rights in court in case of a binding arbitrary agreement john will not be able to sue Gateway Inc. no matter what he tries, his hands are just tied just as explained according to the (Teacher, 2013)
The firing of the basketball coach of University of California Los Angeles due to him lying about the reimbursement money by the president and Director of UCLA was a bit harsh. According to the business law codes and ethics in the United States of America constitution it clearly explains that in the case of employee employer relationship some ground rules are supposed to be set that favor both parties. In this case the basketball coach lied that two students joined him for a recruiting dinner of which it was not the case since the students confirmed. The coach had been a very effective person in the university worked for them for those eight years and establishing that winning basketball program and due to that he should have been dealt with well not as harshly as firing him (Schwartz, M. S. 2008).
The laws state that an employee upon breaching the ethical contract he/ she should be read to the business codes and ethics and given a first warning, if he does it again another warning and the third trial would be now the firing stage since he did not adhere to the company’s rules and regulations as an employee. It is a responsibility of all high paid employers to ensure they exercise good management, respect and fairness as strictly as they can. This coach deserved at least to be given a chance to correct his mistake, since he had taken the basketball team to greater heights. Human is to error that would be my argument.
For the case of Donovan Howell jr. who was tried for the first degree murder of his father Donovan Howell Sr. who was found in the same boat with him killed and the knife having Jr.’s finger prints. Prosecutor jones thought it was a successful trial but Judge Gregory Williams officially declared a mistrial. She did not know what the jury would say but it turns out ten of the Jurors declared the young Donovan guilty while the remaining two jurors opposed his conviction. According to the fifth amendment in the constitution (Donoforio, 1993) a person is protected under these amendments so that he/ she would not be tried twice in the court of law but in the case of mistrial where the jurors could not come up with a concluded verdict, the prosecuted would have to face the jury and the trial once more so that the evidence of his father could be looked at again. In this murder case the double jeopardy cannot be terminated and the defendant is still retried.
References
Teacher, law November, 2013 arbitration agreement and doctrine of severability. Retrieved from https://www.lawteacher.net/free-law-essays/
contract- law/arbitration-agreement-and-doctrine-of-severability
Donaldson T, Werhane, P H Cording, M 2002 ethical issues in business: A philosophical approach 7th. Ed
Donoforio, Anthony j. 1993 “The double jeopardy clause of the Fifth Amendment: the supreme courts cursory treatment of underlying conduct in successive prosecutions
Schwartz, M. S. (2008). Business ethics in R. W. KOLB, encyclopedia of business ethics and society. Thousand oaks, CA: sage publications https://search.credoreference.com/content/topic/businessethics.
