Notes, summaries, assignments, exams, and exercises for Philosophy and ethics for University

Insolvency Act 1986: Director Liability

Section 213: Fraudulent Trading

If it can be established that a director committed an act of fraud beyond reasonable doubt, the court may lift the corporate veil and hold the director personally responsible.

Section 214: Wrongful (Negligent) Trading

If a director fails to take appropriate steps to minimize potential loss to creditors when the company is insolvent, they may be held liable on the balance of probabilities.

Corporate Veil and Parent-Subsidiary Relations

Key Legal Precedents

• Re Produce Marketing Consortium Ltd (No. 2): These principles have been extended to parent-subsidiary and multinational company structures.
• DHN Food Distributors Ltd v Tower Hamlets LBC (1976): Lord Denning held that subsidiaries

Approaches to Determining Ethical Obligation

"It is to the great and fundamental principles of society and civilization—to the common usage universally consented to, and mutually and reciprocally maintained—to the unceasing circulation of interest, which, passing through its million channels, invigorates the whole mass of civilized man—it is to these things, infinitely more than to anything which even the best instituted government can perform, that the safety and prosperity of the individual and of the whole depends."Thomas Paine, The Rights of Man, "Applying Principle to Practice, Chapter One—Of Society and Civilization."

Common Sense Ethical Principles

The following list of prima facie ethical obligations (common sense ethical principles)...

Long-Term Care (LTC) Providers

Funding sources include: Family, Self-Insure, VA, Medicare, Medicaid, and LTC insurance.

Benefits of LTC Policies

• In-home coverage
• Adult day care
• Hospice

LTC Policy Provisions

• Bed reservation
• Elimination period
• Reimbursement vs. Indemnity

Triggers for LTC Benefits

Loss of ability to perform Activities of Daily Living (ADLs): Eating, dressing, bathing, toileting, transferring, and continence.

Sources of Income Replacement

• Savings
• Borrowing from relatives or banks
• Selling assets

Disability Income Policy Riders

• Cost of Living Adjustment (COLA)
• Guaranteed Issue
• Social Insurance Supplement
• Return of Premium

Business Overhead Expense Coverage

Qualified reimbursable expenses include:

• Salaries of non-producing employees
• Rent, utilities, and

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Identity and Collective Action in Social Groups

In any case, it is reasonable to assume that any homogeneous social group that suffers from structural situations of dependency, subordination, or social infra-position—stemming from the experience of economic, political, and social work and similar—will eventually develop some degree of identity consistent with the nature of their interests and needs. This will eventually lead, sooner or later, to collective actions designed to defend and assert those interests and needs.

The Challenge of Social Dispersion

The problem is that infraclasses are formed by social groups that have a significant degree of heterogeneity and, due to their condition essentially peripheral to the established production...

The Role of the Owner

The owner of an enterprise refers to the individual or group holding ownership of the company. They contribute capital to establish it, purchase machinery, and sometimes provide goods, property, or plant. They can also provide both money and necessary assets.

These necessary resources can be provided by a single person or several individuals.

The Function of Management

In small companies, the owner typically runs the business themselves. However, it is also possible for this task to be performed by another person contracted to manage operations on their behalf.

This reality introduces another crucial concept: management (or direction). This function is exercised by those with the authority to set goals, make timely decisions...

Real Estate Valuation Methods

Cost Method and Replacement Value

The Cost Method, comparison, and residual income update are essential for property appraisal. Q represents the loss experienced by the VRB (Replacement Value) of goods according to their components. It is defined as the sum of investments that would be required for current construction. In the valuation of all types of buildings and elements within a project, the cost method is applied to built structures.

Comparison Method and Market Witnesses

To apply the comparison method, one must have at least six witnesses (comparables). From the survey prices, agency commissions must be deducted. It is necessary to increase the value of the witness when it is less than the value of the subject...

1. Concept of Labor Law

Employment Law is an area of Labor Law that covers all aspects of employer-employee relations, excluding the negotiation process and collective bargaining. It is established to protect the rights of employees.

Individual Labor Law studies the employer, the employee, their basic institutions, and the individual employment relationship.

Collective Labor Law concerns the legal regulation of trade unions, employers’ associations, workforce representatives, collective bargaining, representation on public bodies, workers’ participation, and industrial disputes.

Labor Law includes three blocks of provisions:

• Governing the labor market and placement in employment
• State intervention in industrial relations
• Legal procedures for labor

The Opioid Crisis: A Case Study in Ethical Failure

An ethical dilemma arises when an individual or organization faces two conflicting moral principles, where neither option leads to a completely ethical outcome. In the context of the opioid crisis, pharmaceutical companies and pharmacies faced a critical choice:

• Maximizing Profits: Aggressively marketing and distributing opioids, despite knowing the devastating effects such as addiction, death, and a widespread social crisis.
• Acting Ethically: Prioritizing public health, transparency, and responsible marketing, even if it meant sacrificing potential revenue and market share.

This dilemma starkly highlights the conflict between economic self-interest and moral responsibility. Instead of choosing...

Core Ethical Frameworks

This paper examines three primary schools of ethics derived from Aristotle’s Aristotelian Ethics, followed by a critical analysis of potential objections to strengthen my perspective.

The Three Schools of Ethics

• Consequentialism: Asserts that the moral rightness or wrongness of an action depends entirely on its consequences. The Utilitarian perspective defines this through "happiness," characterized as pleasure in the absence of pain.
• Deontology: Focuses on moral rightness determined by conformity to universal rules and principles.
• Virtue Ethics: The most prominent approach, which posits that virtue is primary, rather than focusing solely on what is considered "good" or "right."

Aristotle’s Criteria for Virtue

Aristotle...