WEEK 1 ARTICLE Flashcards

(34 cards)

1
Q

ethics consists of 4 core components

A
  1. structure: what is right or wrong
  2. normative: why is it right or wrong
  3. analysis: breaks down from different perspectives
  4. evaluation: in this context, what is the best option
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2
Q

morality consists of 4 core elements

A
  1. norms: rules that depend on context, culture, family etc, what is expected in a given setting?
  2. values: deeper beliefs, can conflict
  3. virtues: personal traits, developed through education, upbringing and personal growth
  4. interests: tangible/intangible resources needed to follow norms
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3
Q

structural analysis (Func…)

A

functionalism: finding out why people disagree by connecting the norms to their values

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4
Q

structural evaluation

A

which value is more important in this context, it’s about prioritizing them
1. possible options
2. identifying values
3. weighing and ranking values
4. making a reasoned moral judgement

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5
Q

Ethics and Law

A

not everything that is legal is ethical. law provides order but ethics evaluates whether the law itself is just

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6
Q

Ethics and Theology

A

Theology connects morality to religion and divine authority, using sacred texts and faith as the basis for what is right or wrong.

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7
Q

Example of a theological vs. ethical reason against stealing?

A

Theological: “Stealing is wrong because God forbids it.”

Ethical: “Stealing is wrong because it harms others and breaks trust.”

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8
Q

How does ethics differ from theology?

A

Ethics uses rational argumentation, logic, and critical thinking, not religious authority, to decide what is right or wrong

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9
Q

How do ethics and psychology differ in their goals?

A

PSYCHOLOGY wants to UNDERSTAND and EXPLAIN behavior.

ETHICS wants to JUDGE and GUIDE behavior based on moral values.

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10
Q

Example of how ethics and sociology differ in focus?

A

Sociology: DESCRIBES Shell’s behavior in a social or corporate context.

Ethics: asks whether Shell’s actions were MORALLY RIGHT OR WRONG.

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11
Q

Example of how ethics and economics differ in focus?

A

Economics: Explains why a company outsources labor to reduce costs.

Ethics: Questions whether it’s morally right to do so, especially if it exploits workers.

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12
Q

three internal factors affecting the validity

A
  1. legal capacity: minor
  2. unilateral mistake: you should’ve known
  3. ostensible authority:someone appears to have the power to act on behalf of someone else, even if they don’t actually have that legal power.
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13
Q

external factors affecting the validity of a contract

A
  1. bilateral: Both parties are mistaken about something important in the contract
  2. misinterpretation (fraudulent, negligent, innocent)
  3. duress
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14
Q

Substance

A

The International Chamber of Commerce made standard rules to decide WHO IS RESPONSIBLE (liable) for what during international shipping between businesses.

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15
Q

form

A

The International Chamber of Commerce adopted ICC Model Contracts, single formats that can be used in different kinds of B-to-B settings

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16
Q

What is the difference between how civil law and common law systems handle contract performance?

A

Civil law: Courts can force performance (e.g., seizure of assets).

Common law: Courts usually award money (damages) instead of forcing performance.

17
Q

What is the difference between civil and common law when a promise in a contract becomes impossible to perform?

A

Civil law: The person must pay fair compensation.

Common law: The person pays damages, usually as the default solution.

18
Q

whats the difference between who manages the business: general and limited

A

general: all partners manage together

limited: only general partners manage the business

19
Q

whats the difference between liability: general and limited

A

general: unlimited

limited: general unlimited and limited only what they invested

20
Q

whats the difference between the contribution: general and limited

A

general: money, skill, network

limited: money

21
Q

company limited by guarantee

A

There are no shareholders with shares like in normal companies: there are members (not always investors) who guarantee to pay a small amount only if the company goes bankrupt.

22
Q

in what kind of companies do they have company limited liability

A

non profit sharing

23
Q

Concern

A

a mother company with subsidiaries

24
Q

What is a Societas Europaea (SE)?

A

A European company form that allows businesses in different EU countries to merge and operate under one legal system.

25
nexus OF contracts
corporations bestaan uit a collection of contracts between different parties
26
nexus FOR contracts
A corporation is used as a legal tool that acts as one single "face" (or party) in contracts. Even though there are many people behind the scenes (shareholders, managers, employees), the company itself is the only one legally signing the contracts.
27
who does entity shielding protect: the owner, company, or creditor?
it protects the company’s assets from being taken away because of the owner’s personal debts.
28
creditor
people the company or owner owes money to
29
entity shielding: priority rule and liquidiation protection
PRIORITY RULE: If both the company and the owner have debts, the people the company owes money to (company creditors) get paid first — before the personal creditors of the owner. liquidation rule: Owners can’t just take their share of the company whenever they want. Their personal creditors also can’t force a sale of their share to get money.
30
What does the "Authority – Delegated Management" rule mean?
It defines who has the power to make decisions, sign contracts, and manage company assets on behalf of the company.
31
Why is delegated authority important in a company?
Because a company is not a person, it needs people with legal authority to act in its name.
32
What does the "Procedures" rule mean in corporate law?
It means that the company itself can be sued, not the individual owners.
33
Why is it important that lawsuits are against the company and not owners?
It protects the owners personally and allows the company to function like a separate legal person.
34