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Appropriate Legal Response

University of the People

BUS 3305:Business Law and Ethics

Linda Howe, Instructor

February 13, 2023

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Appropriate Legal Response

Considering the legal regulations, we should know about litigation, Alternative

Dispute Resolution (ADR), and criminal prosecution. It is crucial to weigh the circumstances,

legal principles, and potential outcomes. These are essential for people to get justice and

prevent criminal and unethical actions between society and the business environment.

Therefore, I will provide some scenarios to state the appropriate legal response and some

explanation in the following paragraphs.

In the first scenario, Adele embezzlement can be described as litigation because a

legal action is taken to establish liability and available remedies (Lau & Johnson, 2011).

Adele’s action is a form of theft and misappropriation of funds. She also abused her position

as a secretary by writing checks herself from the company’s account for personal use. This

behavior violates the criminal laws against theft and embezzlement. Additionally, the

company did not trust her, and her reputation and image decreased. Businesses typically find

this method to be an unsatisfactory venue for resolving issues, despite its admirable qualities

of peaceful dispute settlement and setting an example for public accessibility (Lau &

Johnson, 2011). Due to Adele's repeated activities and purposeful nature, the firm has

suffered financial losses; therefore, litigation action looks like a more suitable reaction that

will assist in enforcing responsibility (Lau & Johnson, 2011).

In the second scenario, Robert’s daughter's injury is complicated for other scenarios

because the manufacturer should take responsibility for their products. The defective product

causes a choking hazard and a blockage in the neck, so the doll’s manufacturer may be liable

for the injuries under product liability laws. Lau & Johnson (2011) stated that “a customer

who is injured by your product” is the only accessible method of resolving disputes (p. 44).

Therefore, Robert has the right to pursue damages for his daughter's medical expenses,
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emotional distress, and any lingering effects of the occurrence. Determining the full amount

of the manufacturer's liability would be possible through a trial's comprehensive analysis of

the facts and supporting documentation.

In the last case, ABC Company ordered 250-watt light bulbs from the XYZ Company.

However, XYZ Company shipped incorrect bulbs, which have 150 watts, resulting in

financial losses for ABC Company due to the delayed shipment. Then, XYZ Company failed

to fulfill its obligations under the contract. Therefore, I believe that this scenario states an

Alternative Dispute Resolution (ADR) because ADR consists of arbitration, mediation, and

negotiation (Lau & Johnson, 2011). Arbitration is a popular choice for commercial disputes

because of its quick settlement, affordability, secrecy, and increased procedure and result

flexibility (Lau & Johnson, 2011). Therefore, it is more suitable and gets a quicker result than

litigation. It is possible to save time and money by using this strategy to settle the parties'

disagreement outside of court.

In conclusion, attaining justice and averting unethical and illegal activity in society

and the workplace depend on knowing the proper legal reactions to diverse situations. Due to

its illegal character, Adele's theft requires litigation action; nonetheless, Robert's daughter's

harm justifies a product liability claim. However, the contract conflict between ABC and

XYZ companies points to faster and less expensive Alternative Dispute Resolution (ADR)

procedures.
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References

Lau, T. & Johnson, L. (2011). The legal and ethical environment of business (Vol. 1). Flat

World Knowledge.

https://my.uopeople.edu/pluginfile.php/1823942/mod_page/content/6/

LegalEthicalEnvironmentBusinessChapter03.pdf