OKLAHOMA CITY UNIVERSITY MEINDERS SCHOOL OF BUSINESS
ETHICAL, SOCIAL & LEGAL ENVIRONMENT OF BUSINESS
MGMT 5703-WB
FALL 2021
MEREDITH A. WEGENER, J.D.; LL.M.
ENGAGEMENT EXERCISE 4
1. In a word document, answer the following questions. These pull from your materials, but
are also provided here for convenience. Submit your answers in the Assignment
Dropbox on D2L by November 14, 2021 at 5:00pm CST.
a. On May 1, Jennings, a car dealer, emails Wheeler and says, “I have a 1955
Thunderbird convertible in mint condition that I will sell you for $13,500 at any
time before June 9. [Signed] Peter Jennings.” By May 15, having heard nothing
from Wheeler, Jennings sells the car to another. On May 29, Wheeler accepts
Jennings’s offer and tenders $13,500. When told Jennings has sold the car to
another, Wheeler claims Jennings has breached their contract. Is Jennings in
breach? Explain.
b. Richard is an employee of the Dun Construction Corp. While delivering materials
to a construction site, he carelessly backs Dun’s truck into a passenger vehicle
driven by Green. This is Richard’s second accident in six months. When the
company owner, Dun, learns of this latest accident, a heated discussion ensues,
and Dun fires Richard. Dun is so angry that he immediately writes a letter to the
union of which Richard is a member and to all other construction companies in
the community, stating that Richard is the “worst driver in the city” and that
“anyone who hires him is asking for legal liability.” Richard files a suit against
Dun alleging libel on the basis of the statements made in the letters. Discuss this
claim and whether it will be successful.
c. Charles Robison, an employee of West Star Transportation, Inc., was ordered to
cover an unevenly loaded flatbed trailer with a 150-pound tarpaulin (a waterproof
cloth). The load included uncrated equipment and pallet crates of different
heights, about 13 feet off the ground at its highest point. While standing on the
load, manipulating the tarpaulin without safety equipment or assistance, Robison
fell and sustained a traumatic head injury. He filed a suit against West Star to
recover for his injury. Was West Star negligent in failing to provide a reasonably
safe place to work as Robison claimed? Explain.
d. Danny and Marion Klein were injured when part of a fireworks display went
astray and exploded near them. They sued Pyrodyne Corp, the pyrotechnic
company that was hired to set up and discharge the fireworks. The Kleins alleged,
among other things, that the company should be strictly liable for damages caused
by the fireworks display. Will the court agree with the Kleins? What factors will
the court consider in making its decision? Discuss fully.
e. Graduate level writing is expected. Punctuation, grammar, spelling and
thoughtful, complete sentences are a part of your grade.
2. Revisit the Contracts & Ethics discussion board. Respond to at least two of your
classmates’ posts. your answer to the following question modified from your materials.
a. Post your answer by November 14, 2010 at 5:00pm CST.
b. As always, be respectful, thoughtful and kind.
3. Instructions for creating a post:
Select Start a New Thread.
Type something in the subject line, then add your response in the Post field.
Click the Camera Icon to insert an image.
Select Post when you want to share your response.
4. Instructions for replying to someone’s post:
Select Reply to Thread.
Type something in the subject line, then add your response in the Post field.
Select Post when you want to share your reply.
O
B MBASyllab x
B Contracts
Х
B Week 4 – AX
B Assignmer x
B Predictive X
O Mail – Cha
х
Analytics
х
0 Mail – Cha
X
S SOLUTION
+
–
X
@ https://ocuonline.okcu.edu/d21/le/177701/discussions/topics/167138/View
GR
佐
Imported From IE
Oklahoma City Univ… Al-Kitaab Compani… VHL Central Cours… M Gmail
YouTube Maps Translate
FSA Federal Student Aid YouTube to Mp3 C…
– New tab
Many recreational activities have an inherently higher risk of personal injury to participants.
People will choose to participate in these types of activities, despite their known risks, for fun
and personal enjoyment. It is perfectly ethical for a business to include a liability waiver to
reduce the business risks associated with being held legally and financially responsible for typical
injuries that may occur through participation of the activity. If I am going to go jumping at a
trampoline park like Sky High, I know that I am risking a twisted ankle or possibly even a broken
leg. These types of injuries are normal accidents that can happen from jumping on a trampoline.
The business is not at fault in these types of circumstances, and I would not expect it to be liable
for my injuries. From both the perspective of a business and a participant, these types of liability
waiver clauses in a contract are expected, seem very reasonable, and should be enforced.
Ethical dilemmas can occur, however, if the liability waivers are worded such that the business is
excluded from any liability due to negligence or intentional misconduct. A recreational activity
business should do everything in its power to ensure the safest possible environment for
participants. Risk of injury cannot be eliminated completely, but it can be minimized through
clear communication of risks, proper maintenance of equipment, and safety controls and
protocols. If a business fails to do this, it should be held liable for its negligence. A business
might want to insert a contract clause that releases it from all types of liability to lessen the
financial burden associated with participant injuries. From a participant’s perspective, I find this
to be very unethical for a business to try to avoid responsibility for injuries where the business is
at fault. While a court may still enforce these types of waivers if deemed reasonable, I personally
do not think they should be enforced.
Type here to search
9.
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* 4) * ENG
10:24 AM
11/13/2021
5
B MBASyllab x
B. Contracts
х
B Week 4 – AX
Assignmer x
B Predictive
х
0 Mail – Cha X
Analytics
х
0 Mail – Cha
х
S SOLUTION
+
–
X :
GR
3
佐
8 https://ocuonline.okcu.edu/d21/le/177701/discussions/topics/167138/View
* Oklahoma City Univ… Al-Kitaab Compani… VHL Central Cours… M Gmail
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7:40 PM by Melissa
Condley
Liability Waivers
Jordan Williams posted Oct 17, 2021 4:20 PM
☆ Subscribe
I believe liability waivers are ethical and incredibly important for recreational activities. Most
recreational activities can cause injuries and that’s okay. If we were to hold every basketball gym liable
for every sprained ankle there would be no basketball gyms. I also think it’s important that that liability
waivers are limited to covering only non-preventable injuries. If a basketball gym has a loose floor board
or water leak on the court, I think ethically they are responsible for injuries that happen because of
those problems. So in the Sky High scenario a trampoline park would be almost impossible to do without
liability waivers. As long as injuries were not caused because of trampoline malfunctions, I believe they
shouldn’t be held liable for the injuries. I think there is an inherent risk of injury that everyone accepts
when they participate in certain activities and we can’t punish companies for allowing people to make
their own choices.
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0
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Replies
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Contracts and Ethics – Sky High Sports
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ETHICAL, SOCIAL & LEGAL ENVIRONMENT OF BUSINESS
MGMT 5703-WB
FALL 2021
MEREDITH A. WEGENER, J.D.; LL.M.
ENGAGEMENT EXERCISE 4
1. In a word document, answer the following questions. These pull from your materials, but
are also provided here for convenience. Submit your answers in the Assignment
Dropbox on D2L by November 14, 2021 at 5:00pm CST.
a. On May 1, Jennings, a car dealer, emails Wheeler and says, “I have a 1955
Thunderbird convertible in mint condition that I will sell you for $13,500 at any
time before June 9. [Signed] Peter Jennings.” By May 15, having heard nothing
from Wheeler, Jennings sells the car to another. On May 29, Wheeler accepts
Jennings’s offer and tenders $13,500. When told Jennings has sold the car to
another, Wheeler claims Jennings has breached their contract. Is Jennings in
breach? Explain.
b. Richard is an employee of the Dun Construction Corp. While delivering materials
to a construction site, he carelessly backs Dun’s truck into a passenger vehicle
driven by Green. This is Richard’s second accident in six months. When the
company owner, Dun, learns of this latest accident, a heated discussion ensues,
and Dun fires Richard. Dun is so angry that he immediately writes a letter to the
union of which Richard is a member and to all other construction companies in
the community, stating that Richard is the “worst driver in the city” and that
“anyone who hires him is asking for legal liability.” Richard files a suit against
Dun alleging libel on the basis of the statements made in the letters. Discuss this
claim and whether it will be successful.
c. Charles Robison, an employee of West Star Transportation, Inc., was ordered to
cover an unevenly loaded flatbed trailer with a 150-pound tarpaulin (a waterproof
cloth). The load included uncrated equipment and pallet crates of different
heights, about 13 feet off the ground at its highest point. While standing on the
load, manipulating the tarpaulin without safety equipment or assistance, Robison
fell and sustained a traumatic head injury. He filed a suit against West Star to
recover for his injury. Was West Star negligent in failing to provide a reasonably
safe place to work as Robison claimed? Explain.
d. Danny and Marion Klein were injured when part of a fireworks display went
astray and exploded near them. They sued Pyrodyne Corp, the pyrotechnic
company that was hired to set up and discharge the fireworks. The Kleins alleged,
among other things, that the company should be strictly liable for damages caused
by the fireworks display. Will the court agree with the Kleins? What factors will
the court consider in making its decision? Discuss fully.
e. Graduate level writing is expected. Punctuation, grammar, spelling and
thoughtful, complete sentences are a part of your grade.
2. Revisit the Contracts & Ethics discussion board. Respond to at least two of your
classmates’ posts. your answer to the following question modified from your materials.
a. Post your answer by November 14, 2010 at 5:00pm CST.
b. As always, be respectful, thoughtful and kind.
3. Instructions for creating a post:
Select Start a New Thread.
Type something in the subject line, then add your response in the Post field.
Click the Camera Icon to insert an image.
Select Post when you want to share your response.
4. Instructions for replying to someone’s post:
Select Reply to Thread.
Type something in the subject line, then add your response in the Post field.
Select Post when you want to share your reply.
O
B MBASyllab x
B Contracts
Х
B Week 4 – AX
B Assignmer x
B Predictive X
O Mail – Cha
х
Analytics
х
0 Mail – Cha
X
S SOLUTION
+
–
X
@ https://ocuonline.okcu.edu/d21/le/177701/discussions/topics/167138/View
GR
佐
Imported From IE
Oklahoma City Univ… Al-Kitaab Compani… VHL Central Cours… M Gmail
YouTube Maps Translate
FSA Federal Student Aid YouTube to Mp3 C…
– New tab
Many recreational activities have an inherently higher risk of personal injury to participants.
People will choose to participate in these types of activities, despite their known risks, for fun
and personal enjoyment. It is perfectly ethical for a business to include a liability waiver to
reduce the business risks associated with being held legally and financially responsible for typical
injuries that may occur through participation of the activity. If I am going to go jumping at a
trampoline park like Sky High, I know that I am risking a twisted ankle or possibly even a broken
leg. These types of injuries are normal accidents that can happen from jumping on a trampoline.
The business is not at fault in these types of circumstances, and I would not expect it to be liable
for my injuries. From both the perspective of a business and a participant, these types of liability
waiver clauses in a contract are expected, seem very reasonable, and should be enforced.
Ethical dilemmas can occur, however, if the liability waivers are worded such that the business is
excluded from any liability due to negligence or intentional misconduct. A recreational activity
business should do everything in its power to ensure the safest possible environment for
participants. Risk of injury cannot be eliminated completely, but it can be minimized through
clear communication of risks, proper maintenance of equipment, and safety controls and
protocols. If a business fails to do this, it should be held liable for its negligence. A business
might want to insert a contract clause that releases it from all types of liability to lessen the
financial burden associated with participant injuries. From a participant’s perspective, I find this
to be very unethical for a business to try to avoid responsibility for injuries where the business is
at fault. While a court may still enforce these types of waivers if deemed reasonable, I personally
do not think they should be enforced.
Type here to search
9.
18°C
* 4) * ENG
10:24 AM
11/13/2021
5
B MBASyllab x
B. Contracts
х
B Week 4 – AX
Assignmer x
B Predictive
х
0 Mail – Cha X
Analytics
х
0 Mail – Cha
х
S SOLUTION
+
–
X :
GR
3
佐
8 https://ocuonline.okcu.edu/d21/le/177701/discussions/topics/167138/View
* Oklahoma City Univ… Al-Kitaab Compani… VHL Central Cours… M Gmail
o Imported From IE
► YouTube
19 Maps : Translate
FS Federal Student Aid YouTube to Mp3 C…
– New tab
Unread
Replies
Views
7:40 PM by Melissa
Condley
Liability Waivers
Jordan Williams posted Oct 17, 2021 4:20 PM
☆ Subscribe
I believe liability waivers are ethical and incredibly important for recreational activities. Most
recreational activities can cause injuries and that’s okay. If we were to hold every basketball gym liable
for every sprained ankle there would be no basketball gyms. I also think it’s important that that liability
waivers are limited to covering only non-preventable injuries. If a basketball gym has a loose floor board
or water leak on the court, I think ethically they are responsible for injuries that happen because of
those problems. So in the Sky High scenario a trampoline park would be almost impossible to do without
liability waivers. As long as injuries were not caused because of trampoline malfunctions, I believe they
shouldn’t be held liable for the injuries. I think there is an inherent risk of injury that everyone accepts
when they participate in certain activities and we can’t punish companies for allowing people to make
their own choices.
Aless
0
o
Replies
3
Views
Unread
Contracts and Ethics – Sky High Sports
Type here to search
18°C
o
39
Purchase answer to see full
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