TO: Profession Hadley
FROM: Group A NO.5
SUBJECT: The assessment legal risk of Apple
As an electronic product company, Apple has advanced equipment, technology and products, as well as a large number of employees. In 2011 according to Forrester market research, at least 1/5 people use Apple products, which indicated that Apple is a organization that employees have strong coagulative power, in other words, there is no discrimination in Apple, further its products are creative and progressive, it is in a position to correctly handle his patent, copyright and trademark from infringing; Apple almost never breach of contract, it has well-deserved reputation, so its customers and suppliers are larger than over before; Apple is a complex of emotional and rational, it properly deal with the relationship between morality and law, neither immoral nor illegal.
b. When there is a conflict between a legal requirement and ethical duty, how should managers decide which to follow? Be specific with the operations of your company. There is a relationship exists between law and ethics, the legal behavior is perhaps not morality, or is opposite.
Absolutely, when there is a conflict between a legal requirement and ethical duty, managers should follow legal requirement. Managers play a vital role in a company's legal and ethical performance. Apple has been set up ethical training programs for managers that cover recruiting foreign workers, right business practice of records and documents preparation, check workers ID and identity workers age, track record of working hours and general management responsibility.
Apple conducts business ethically, honestly, and in full compliance with all laws and regulations. This applies to every business decision in every area of the company worldwide. Laws regulating competition and trade practices vary around the world, but certain activities, such as price fixing and agreeing with a competitor to allocate customers are almost always illegal and are absolutely prohibited under Apple policy. Apple personnel shall not offer or accept bribes or use other inappropriate means to obtain an undue or improper advantage, or otherwise violate U.S. or international anticorruption laws and regulations (e.g., the U.S. Foreign Corrupt Practices Act). Apple will not tolerate behaviors that violate code of ethics of Apple.
c. Identify possible and/or actual areas of operation in which the company would have oral and/or written contracts. Give suggested strategies for how the company can avoid breaching these contracts. Explain damages and other remedies that could result from the previously identified contracts if they were breached. Areas to enter into a contract
For our choose for apple, apple will enter into contracts in these areas: the product transactions , material purchase, in the area of transfer of technology trademark or patent right, the land use right field, and factory workers of the enterprise to hire or layoffs, etc.
To avoid breach of contract, I think has a few kinds method: As long as Apple signed a contract, its legal adviser has to exanimate form and format of contract, in order to check whether the contract is normative, and make sure it is valid; then to guarantee contract’s enforceability and legitimacy, should review the authenticity of the content of the contract; further for some obligations and rights of contract, legal adviser must ensure whether or not those are exercisable; then carefully check the terms of the contract, to prevent others use jeu de mots; finally both parities need clear liability for breach of contracts.
If Apple breach of contract, first Apple will pay...