BUsiness LAw Chapter 1

Chapter 1
Law and Ethics
1- Describe the difference between the law and ethics.
2- From where do ethical preferences originate?
3- Explain the potential negative effects of allowing corporations to contribute unlimited amounts of money to support political causes.
4- Explain why laws exist that do not impose a duty to rescue.
5- Describe the philosophy of noted economist, Milton Friedman, on the issue of “free market ethics.”
6- Discuss the differences in utilitarianism and Deontology in making a decision.
7- Discuss the similarities and differences between a traditional corporation and a benefit corporation.
Chapter 1 Case Analysis
Yania v. Bigan
Supreme Court of Pennsylvania
155 A.2d 343 (1959)

The chapter questions that immediately follow the Yania casebook materials require critical engagement with the readings. Students will present with varying experiences with the law and different skill sets to synthesize the content for their formulating responses.
A “case” brief is a tool familiar to individuals studying law — undergraduate students, law students, lawyers, and the judiciary. If you are not familiar with how to analyze a legal case, please read Appendix A, on page 400, that includes an illustration brief of Yania v. Bigan.
In this first case, a man is sued for failing to do anything to rescue his drowning friend. While we only know the story as told by the widow—the case is dismissed before the facts can be fully developed by both sides in a trial setting—we can see how, in this kind of scenario, the law views the conflict between freedom and responsibility.
Please read the opinion by Justice Benjamin R. Jones on pages 3 – 4 and answer the following questions.
1- What happened in this case?
2- If Yania couldn’t swim, then why did he jump?
3- Identify the three (3) arguments made by Yania’s widow. For each, explain how the judge dealt with it.
4- According to the judge, Bigan would have been liable in this case under three (3) certain circumstances that did not apply here. What are those three (3) circumstances?
5- Suppose you could revise the law of rescue.
(a) Would you hold people responsible for doing something to help others in an emergency?
(b) If so, what circumstances would trigger a duty to rescue? (c) How much would be required of a rescuer?
Consider whether laws should be rewritten to require rescue attempts.
Questions to consider include:
What is an emergency calling for rescue?
What constitutes a rescue?
What if the rescue inadvertently worsens the situation?
Who should rescue?
How much should a rescuer be required to do (e.g., call 911 vs. actively attempt to rescue the person)?
Should compensation be allowed to a rescuer who is injured?

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