BA621-L5A2 - February 1, 2010 May 21, 2010 BA621 Business...

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February 1, 2010 – May 21, 2010 BA621 Business Law Lesson #5 Assignment #2 The following questions are found on page 308 of your text. 1) As discussed in Chapter 1, courts have preferences for certain ethical norms. Using critical thinking skills will help us understand how those norms have shaped legal reasoning about tort law. It is quite possible for two judges hearing a tort case to disagree on a verdict. One reason for the differing verdicts is their disagreement over which ethical norms are most important. What conflicting ethical norms are inherent in tort law? Clue: Think of the definitions of the primary ethical norms in Chapter 1. If a judge strongly values freedom, what ethical norm might conflict with the judge's loyalty to freedom? Freedom v. Security. In the BMW v. Ira Gore case (1995, p. 311), the judge’s decision to rule in favor of BMW was likely guided by freedom over security. In this case the justice ruled that BMW should be allowed to engage in a marketplace without threat of lawsuits for insane amounts of money for minor damages to a car during shipping. If the judge had valued security more, then she may have favored Gore because BMW’s actions resulted in Gore’s economic losses. By saying that security of the buyer is more important, a whole
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BA621-L5A2 - February 1, 2010 May 21, 2010 BA621 Business...

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