Question
Do you agree? Adjust automatic marking as read setting Yes, I believe that a fair result was handed down in this matter. Ethically speaking Mills
Do you agree?
Adjust automatic marking as read setting
Yes, I believe that a fair result was handed down in this matter. Ethically speaking Mills should have paid Sawyer the bonus money as he had promised, but legally he is not liable as the contract should've been in writing since it exceeded one year and was not legal per the Statute of Frauds. "The Statute of Frauds states that an executory contract that cannot be performed by its own terms within one year of its formation must be in writing" (Cheeseman, p.254).
For Sawyer, this was not the desired outcome; however, it is a fair result when looking at the law. If the courts had ruled in favor of Sawyer then the Statute of Frauds would not have been upheld and many other cases to follow would be in jeopardy."There are some matters the law will be agnostic on but which ethics and morality have a lot to say" (ethics.org).
As a paralegal, I would assume that Sawyer would know that this contract should've been in writing and once she attempted to get Mill's signature and he refused; she knew it was not legally binding. Also, being a paralegal, I would think that Sawyer knew that the secret recording that she had as evidence was obtained illegally, wouldn't hold up in court, and could bring criminal charges against herself. "If you plan to record telephone calls or in-person conversations (including by recording video that captures sound), you should be aware that there are federal and state wiretapping laws that may limit your ability to do so. These laws not only expose you to the risk of criminal prosecution but also potentially give an injured party a civil claim for money damages against you" (dmlp).While many laws are made out of morals and ethics; morals and ethics are not above the law. I would not modify the court's decision in any way. While I do feel for the loss that Sawyer endured, the law is solid and for the sake of consistency, the result was fair and just.
References:
Cheeseman, H. R. (2019).Business law: Henry R. Cheeseman, Professor Emeritus, Marshall School of Business, University of Southern California. New York, NY: Pearson.
Digital Media Law Project. (2020, November 8). Digital Media Law Project. Retrieved February 4, 2021, fromhttps://www.dmlp.org/legal-guide/recording-phone-calls-and-conversations
NA. (2020, July 30). Ethics, morality, law - what's the difference? Retrieved February 4, 2021, fromhttps://ethics.org.au/ethics-morality-law-whats-the-difference/
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