Wednesday, May 6, 2020
Sample Tort Yr1 Exam Free Essays
THIS IS NOT THE EXAM!!!!!! | | |BA HONS IN LAW | |EXAMINATION: | |TORT LAW 1 | |YEAR 1 | Time/Date: | | |Venue: | | |Sem 1 20** |DURATION: 2 HOURS | |Internal Examiner: |ELLIOTT PAYNE, M. A, LLB, SOLICITOR | |External Examiner: | |Instructions To Candidates | | | | | |ANSWER FOUR QUESTIONS. | | | |ALL QUESTIONS CARRY EQUAL MARKS. We will write a custom essay sample on Sample Tort Yr1 Exam or any similar topic only for you Order Now | | | |USE CASE LAW AND STATUTORY AUTHORITY TO SUPPORT YOUR ANSWERS. | | WATERFORD INSTITUTE OF TECHNOLOGY THIS IS NOT THE EXAM!!!!!! USE CASE LAW AND STATUTORY AUTHORITY TO SUPPORT YOUR ANSWERS Q1 Paul suspects that his wife Sharon is having an affair with his next-door neighbour Carl. One day after a very stressful day at work, Paul sees Carl returning home and pounds his fists and shouts out ââ¬Å"say your prayers Carl, because I am going to stab youâ⬠. Sharon overhears the shouts and tells Paul that she is moving in with her sister. Paul has now had enough. He proceeds to kick down Carlââ¬â¢s door, grabs Carl by the hair and forces him into an upstairs bedroom. Paul locks the door and tells Carl that if he wants to leave, he can climb out of the window and jump. Identify and explain whether Paul has committed any tortious acts? Identify and explain using legal definitions and cases whether Paul has committed any tortious acts? (TOTAL 25 MARKS) Q2 Write a brief note on FIVE of the following: a) Scienter liability for animals; ) The differences between the torts of conversion and detinue; c) The facts and decision reached in the Cambridge Water Co. Eastern Counties Leather plc case; d) The tort of emotional distress e) Novus Actus Interveniens; f) Causation explaining BOTH the legal and factual causation tests; g) The differences between tort law and contract law; h) Actionable per se ââ¬â listing 2 different torts that are actionable per se. (5X5 MARKS) (TOTAL 25 MARKS) Q3 a) Explain using case law what is the definition of a ââ¬Å"producerâ⬠under the Act. (5 MARKS) ) What limits are placed on the damage that can be claimed under the Act? (5 MARKS) c) Explain using case law the meaning of the term ââ¬Å"defectiveâ⬠. (9 MARKS) d) Briefly explain those defences that could be raised by a potential defendant. (4 MARKS) (e)What are the time limits for submitting a claim? (2 MARKS) (TOTAL 25 MARKS) THIS IS NOT THE EXAM!!!!!! USE CASE LAW AND STATUTORY AUTHORITY TO SUPPORT YOUR ANSWERS Q4 What is vicarious liability and explain in detail the standard of care owed by employers to their employees. 25 MARKS) Q5 Rob has 2,000 acres of trees on his land, which supplies the nearby Cider manufacturer ââ¬Å"Magbulâ⬠. Following the heaviest rainfall in living memory combined with two days of electrical storms, Robââ¬â¢s land has been severely affected. As a result of the rainfall and electrical storms, at least 20 of his tress have been uprooted and have rolled down Robââ¬â ¢s land causing significant disruption on the way. Some of the trees rolled westerly and have completely destroyed the garage and cattle shed of one of his neighbourââ¬â¢s (Sally) land. Some tress rolled easterly and knocked huge holes in another neighbourââ¬â¢s (Karen) land. Rob has heard that Karen and Sally are going to sue him under the Rylands and Fletcher rule. Explain to Rob: ââ¬â the facts of the Rylands v Fletcher case; ââ¬â what the rule is; ââ¬â the elements that make up the rule; ââ¬â whether the Rylands and Fletcher rule may apply in this case; AND regardless of whether the Rule applies or not, whether Rob has any defences on which he could rely. Q6 EITHER Using caselaw where appropriate, write a detailed note on the tort of passing off. Your note must address the following issues: ââ¬â the definition of passing off; ââ¬â the elements required for a successful passing off claim; and ââ¬â the use of injunctions in passing off claims. (TOTAL 25 MARKS) OR a) What is the legal definition of trespass to land? (3 MARKS) (b)Explain using case law the different forms which trespass to land can take. (14 MARKS) (c)Explain the Judge Brian Curtin case study. (3 MARKS) (d)Explain the defences of lawful authority and jus tertii to a trespass to land case. (5 MARKS) (TOTAL 25 MARKS) How to cite Sample Tort Yr1 Exam, Essay examples
Tuesday, May 5, 2020
Why Did Britain Get Involved in the Slave Trade free essay sample
Why did Britain get involved in the Slave Trade? The Renascence period was a time full of new music, extravagant architecture and fine art. All of these things causing an increasing demand for funds from the government. In the sasss the Portuguese started trading slaves for various things with the Americans. Britain found out about this trade whilst their pirates were raiding Spanish ships and found them abroad. John Hawkins made the first known British slavery voyage in 1 562; this started a huge trade that the British would carry on for over 300 years.The increasing demand for such things like sugar and cotton made this a simple solution to the problem and also made them a huge profit. In 1665 alone 3750 tones Of sugar were exported to the UK alone and this increased the value and need for slaves. As more people became involved the amount of voyages across the middle passage increased until 30,000 slaves were transported within around 5 years. We will write a custom essay sample on Why Did Britain Get Involved in the Slave Trade? or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page The slave trade is often described as the Triangular Trade as it involves three main countries, Britain, Africa and America.The Africans anted manufactured goods such as beads, cloth, hardware, rum, salt, and weapons so the British sailed over with plenty of this the trade with the kings for slaves. The African kings hired Africans to capture the slaves and bring them to the British; they would then be put in these ships and taken across to the Caribbean and traded for cotton, sugar, spices and tobacco amongst many other things. This trading system not only left the British with a huge profit but everyone involved, although the British never had slaves themselves, the benefited hugely from their involvement.
Wednesday, April 1, 2020
Hemispheric Dominance Essay Research Paper Hemispheric dominance free essay sample
Hemispheric Dominance Essay, Research Paper Hemispheric laterality is half of the encephalon that tends to exert greater control over certain maps like motion linguistic communication of the right or left side of the organic structure. I am more to the right side of my encephalon but I? m non that far off from the center. So this makes me in-between right dominant. I think people in the center right usage intuition and creativeness to accomplish certain things, alternatively of doing an lineation O detailed program of the action. If you plan excessively much it limits things that could go on some of them might be good self-generated things. For illustration we planed to travel to Las Vegas last twelvemonth in March. We had everything we needed and we were approximately to go forth. At the last minute I had to the bathroom. Everybody was downstairs waiting for me I eventually finished merely as I was traveling to shut the door the phone rang I answered it was my uncle he was traveling to Mexico that twenty-four hours. We will write a custom essay sample on Hemispheric Dominance Essay Research Paper Hemispheric dominance or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page He inquire me if I wanted to travel with them I said certain allow me inquire my, pa I ran downstairs and gave my hgom the phone. They talked for about a half an hr and my pa decided that? s we were traveling to Mexico. Spontaneous things are non ever good. This happened to my cousin and I two old ages ago. We were home entirely at his house, and his parents were supposed to be home already. Two hours past I decided I wanted to play some hoops. Minutess subsequently he came out side with some key I kept on playing with out inquiring him anything. As I turn around he stared the auto I ran to him and inquire him? what the snake pit are you making? . I told him to acquire out of the auto but he accelerated and the engine which overthrew my voice so he could non hear me. He stops speed uping and Tells me to acquire in so I said the snake pit with it allow? s spell. We were driving along approximately five block off from his house absolutely till a constabulary officer pull him over The o fficer ask him how old he was he said 16 put he was merely 14 he looked old because he had moustache. The officer ask him for his licence he said I don? Ts have one a have my license so the officer said allow me see it. The license was non his put, his brothers he said he was his fuss and the officer bought it he told us to be care full and to travel place. He followed use all the manner place and every bit shortly as we got home and park his parents came out side and yelled at him. I tried non to express joy because he was in problem. His parents did non see the officer in the auto until he ca me out of the auto. The officer asked him parents if he was eligible to drive and they said yes they were evidently lying so the officer would non make anything so he leaf. My cousin was in so much problem he could non drive any sort of auto boulder clay he is 18. Every clip I see him I make merriment of him by inquiring him if he desire? s to travel for a drive ; All he does is stares at me and so laughs. That? s why you should ever utilize all your encephalon non gust half of it. Using bought sides of the encephalon can be more helpful than merely being on one side. Surely you it may be hard at times but it will be easier as you get older. Using both side of the encephalon can assist you take the good friends. For blink of an eyes you star taking to a individual the left side of your encephalon is working on the verbal accomplishments know when they stared speaking to you understand them more because you are utilizing the right encephalon which is liseting to the individual. Using the right and left encephalon is of import if you want the conversation to travel on. Knowing if you are right or left encephalon dominant can assist you take a calling. For illustration A left encephalon dominant individual would instead in an office with everything neat and organized and is ever focused. On the other manus a right individual might be merely be the antonym of everything put will be more relaxed making it. This is non ever true take me for inherent aptitudes I like being organized and I would wish to work in an office instead than working outside and I ? m right encephalon dominant so this disproves the theory if your right bran dominant you merely do right encephalon actions and vise versa. I would wish to be in writing interior decorator that calling would necessitate me to utilize my right and left encephalon and by utilizing bought sides anything is possible. In this instance being organized and neat will assist me be in control of what I could make to the film, video game or other kind of in writing design. Using the right encephalon I could physically pull my thoughts before making them. Visualize things in my caput and after making some pulling I will acquire the feel of how the it should or could be done. The encephalon hemispheric trial that I took were all about the same they pointed me as being in-between right dominate because I use more things from the right encephalon than the left put I think the left things are more of import so it balances out. In decision none if the hemispheres are is better than the other put c ombined they are overmastering if you think about it.
Saturday, March 7, 2020
Bylaws essays
Bylaws essays Constitution and By-Laws For The Blackfeet Tribe Of The Blackfeet Indian Reservation Of Montana We, the adult members of the Blackfeet Indian Tribe, pursuant to the authority vested in us by Section 16 of the Act of June 18, 1934 (48 Statutes at large, page 986), and amendments thereto, do hereby organize for the common welfare of said tribe and the members thereof, and for such purpose do adopt the following constitution for the government, protection, and common welfare of the said tribe and members thereof. We the people of the Cherokee Nation, in order to preserve and enrich our tribalculture, achieve and maintain a desirable measure of prosperity, insure tranquility and to secure to ourselves and our posterity the blessings of freedom, acknowledging, with humility and gratitude, the goodness of the Sovereign Ruler of the Universe in permitting us so to do, and imploring his aid and guidance in its accomplishmentdo ordain and establish this Constitution for the government of the Cherokee Nation. The term "Nation" as used in this Constitution is the same as "Tribe." Approved for Referendum by the Commissioner, Morris Thompson, on September 5, 1975, Seconded by the Principal Chief of the Cherokee Nation, Ross O. Swimmer, on October 2, 1975, approved by Referendum on June 26, 1976. The Cherokee Nation is an inseparable part of the Federal Union. The Constitution of the United States is the Supreme law of the land; therefore, the Cherokee Nation shall never enact any law which is in conflict with any Federal law. Approved for Referendum by the Commissioner, Morris Thompson, on September 5, 1975, Seconded by the Principal Chief of the Cherokee Nation, Ross O. Swimmer, on October 2, 1975, approved by Referendum on June 26, 1976. Seat of government, Article XVII of the Cherokee Constitution. Rorex v. Cherokee Nation JAT 93-5 (1995) THE CHEYENNE-ARAPAHO TRIBES OF OKLAHOMA We, the Indians of the Cheyenne-Arapaho ...
Thursday, February 20, 2020
Urban Tourism Essay Example | Topics and Well Written Essays - 2000 words - 1
Urban Tourism - Essay Example The discussion shows that urban tourism does not always directly benefit the neighbourhood. The consequences of tourism growth, much to the opposite is dependent on the kind of tourism development that exists, the communityââ¬â¢s intrinsic characteristics and resources, the extra-local circumstance in which they find themselves entrenched, as well as in the way tourism development is organised and operated (Hunning and Novy, 2006). Tourism activity as a matter of fact has stigmatized the neighbourhood in recent years, due to the increased interest of tourists (Sharma, 2004). Within a shortest range of time, Glasgow has evolved into an internationally recognized touristââ¬â¢s destination. It has attracted people from different social and cultural backgrounds with its historical sites and its neighbourhood slums. Initially, Glasgow had limited and underwhelming number of visitors (Heeley, 2011). This is especially due to the fact that it has all the elements necessary to support successful tourism. It has risen from being a part city to a ââ¬Ëmust visitââ¬â¢ city (Gretzel, Christou and Sigala, 2012). The image of Glasgow can be compared to that of Harlem. Harlemââ¬â¢s improved image is associated with a greater appreciation and valorisation of the neighbourhoodââ¬â¢s culture and history. Hunning and Novy suggest that: Harlemââ¬â¢s history as the ââ¬Å"Black Meccaâ⬠of the United states as well as its cultural richness ranging from the legacy of the Harlem Renaissance to the communityââ¬â¢s role as an epicenter of contemporary black culture, are not only sources of local pride and confidence, but are also increasingly recognized as marketable assets to build upon- by actors within and beyond the boundaries (2006, p. 6). A part from the revenue and publicity to the community, tourism has shaped Glasgowââ¬â¢s reputation and shaped awareness of the public and other influential actors within the town. Tourism is
Tuesday, February 4, 2020
German Machinery Development Essay Example | Topics and Well Written Essays - 1500 words
German Machinery Development - Essay Example This essay highlights thatà the machinery industry entered a period of virtual crisis in the early 1990s; this made German experience stagnant sales and faced competition from foreign firms. The decline of cooperation with other regions, loss of domestic sales, high costs of wages and other benefits for employees in the machinery industry contributed to the crisis in German.à As the paper stresses knowledge in Mechanical manufacturing has given German an upper hand in product exports in the international market thus boosting its economy. Mechanical manufacturing is the largest and most influential industry in German. Other key industries include the chemical and car manufacturing industry. Engineers in German have acquired an outstanding reputation for having practical backgrounds than those from their counterparts. The German machinery development did not exist through a vacuum. The development of machinery in German would be initiated through its environment, which favors the t echnical training at all levels.à The German universities have obtained a stellar status. Their education has close ties to the industrial sector. Companies regularly extend internships and apprenticeships even to the high school students. The upcoming engineering technicians and grads have chances to begin careers with an intimate comprehension of their business companies.à The companies initiate the programs for career development so that the employees hired in future become productive. Such programs breed loyalty and stability, especially in communities where firms of engineering get established. The establishment of engineering courses provides trainees with proper knowledge on developing machines. There are a number of essentials underlying engineering in German. I. The German exports encompass mechanical engineering products as compared to other countries. II. As reported last year, over 20 percent of all exported machinery in the global sector came from German. III. In the past two years, the German machinery makers increased to approximately 50,000 employees. The country expects the number to increase in the coming years. IV. Over the last decades, the number of Germanââ¬â¢s mechanical engineers continues to double. V. The rapidly growing segment for automation and robotics companies in German over the past five years include the machine vision technology. German provides the hottest engineering fields such as automation, Information Technology, and mechanical engineering. Mechanical engineering gears towards design of machinery. The broad field involves mechatronics. It combines electrical and mechanical engineering, and computer science. Fachhochschulen is another field which emphasizes applied technology. This field practically and directly deals with industrial technologies. The established institutes also offer automation technology. Through skills and knowledge acquired in various fields of engineering, the equipment and machinery sector in German has continued to flourish in the economic center of Europe (Polland 25). The machinery development sectors are one of the motors of technology that continues to drive German as a nation of high-tech. It combines every key for potential technologies including software, robotics materials, and electronics. The industry of machinery and equipment in German gets strengthened by a co mbination of Germanââ¬â¢s approved engineering traditions. This makes it a highly diversified base. The machinery sector in German remains powerful in Europe for it has experienced growth in
Monday, January 27, 2020
The Consequential Or Teleological Theories Philosophy Essay
The Consequential Or Teleological Theories Philosophy Essay Introduction This chapter presents an overview of the literature on the concept of ethics. First, we present the different definitions of ethics in the existing literature. An overview of the ethics current theoretical developments is then presented. Section 1: Concept of ethics Contrary to what one might think, ethics is not a new pheromone (Gà ©nard, 1992). It was originally identified by Greek and Roman philosophers. Inspired by the works of his predecessors Socrates and Plato, Aristotle is considered as the father of the ethics concept (Lavorata, 2004) which had been widely discussed over several decades by many philosophers who proposed several definitions to this concept. I. Ethics definitions The word Ethics is derived from the ancient Greek word Ethikos, which mean character (Reese, 1990). According to the Universal Philosophical Encyclopedia, ethics is the science of moral and human conduct. Nonetheless, many definitions of this concept had been suggested in the literature. For example, Taylor (1975, p.1) defined ethics as an: inquiry into the nature and grounds of morality, where morality means moral judgments, standards, and rules of conduct. Gove (1976, p.210) defines ethics as the study of what constitutes good and bad human conduct, including related actions and values. For Beauchamp and Bowie (1983, p.3), ethics is the inquiry into theories of what is good and evil and into what is right and wrong, and thus is inquiry into what we ought and ought not to do. As it could be noticed, in all the above definitions the term ethics refers to the study of moral conduct (Tsalikis and Fritzsche, 1989). However, the boundaries between morality and ethics are sometimes blurred and they should be differentiated in order to clarify the concept of ethics (Shaw and Barry, 2001). 1. Ethics and morality The terms ethics and morality are derived from the same root which often causes confusion. Some authors consider that the distinction between the two concepts is unnecessary (Ricoeur, 1990; Even-Granboulan, 1998). However, others academicians make a distinction between them (Iannone, 1989; Boatright, 2000; Ferrell et al.; 2000; and Petrick and Quinn, 2001). For example, Grace and Cohen (1998, p.4) claim that there is no reason to make a distinction in meaning between ethical and moral. There is no difference in meaning which could be attributed to their etymological roots, while, Beauchamp and Bowie (2001) argued that morality is the principles of moral as defined by society, while ethics refers to individual rules. In fact, ethics concept had been also closely related to deontology. In the following, this relation is presented in more details. 2. Ethics and deontology Ricoeur (1990) identifies three components of ethics: a subjective component (life good for itself according to Aristotle), an interpersonal one (or the concern for others in reference to Kant) and a societal component (or the concern for the institution). The societal component refers to the concept of deontology. Thus, the definition of deontology is literally a set of codes of conduct specific to a profession. The following diagram summarizes the different concepts and relationships between ethics, morality and deontology. Figure 1: Definitions and relationships between Ethics, morality and deontology, (Lavorata, 2004, p.20) II. Ethics school of thoughts There are three approaches in the study of ethics: normative ethics, descriptive ethics, and meta-ethics (De George, 1982). Normative ethics Normative ethics is the study of how we should behave (Pascal, 1670; Spinoza, 1677; Kant, 1781). It attempts to justify the principles or the values of a moral system (Tsalikis and Fritzsche, 1989). The normative ethical theories are classified into three groups: 1-Consequential or teleological theories; 2- Single rule non-consequential or deontological theories; and 3-Multiple rule non-consequential theories. Consequential or teleological theories These theories argue that the evaluation of the rightness of an action is determined by considering its consequences (Ferrell and Gresham, 1985). Researchers have demonstrated that teleological theories involve several constructs such as: (1) the individuals behavior and its effect on various stakeholder groups particularly customers and employers; (2) the estimate probability that the consequences will occur to the stakeholders;à (3) the evaluation of desirability or undesirability of each consequence; (4) the analysis of the importance of the stakeholder groups (Tsalikis and Fritzsche, 1989). Moreover, according to these authors, when using teleological evaluation, the individual acts in a manner that produces at least as great a ratio of good to evil as any other course (Tsalikis and Fritzsche, 1989, p.697). The two major consequential theories are egoism and utilitarianism. Egoism holds that individuals act in a way that creates the greatest gain for their self-interest (Hunt and Vitell, 1986). Contrary to ethical egoism, utilitarianism holds that the individual behaves in a manner that produces the greatest good for everyone (DeConinck and Lewis, 1997; Loo, 2004). These theories only look at the consequences of actions, not at its foundations (the end justifies the means) (Bougerra et al., 2011). Single rule non-consequential or deontological theories Some researchers contend that to determine the morality of an action, many other factors should be taken into account other than its consequences. These theories appeal to a single rule. The two main single rules non-consequential theories are: the golden rule: Do unto others as youd have them unto you. In other words, we have to treat individuals the way we want to be treated (Tsalikis and Fritzsche, 1989). The other single-rule non-consequential theory is Kants categorical imperative (Act in such a way that you always treat humanity, whether in your own person or in the person of any other, never simply as a means, but always at the same time as an end.). Multiple rule non-consequential theories These theories claim that the moral rightness orà wrongness is determined by moral rules that cant be reduced to a single moral rule. These theories are a mixture of teleological and deontological theories. 2. Descriptive ethics The second approach is descriptive ethics and it deals with the human behavior. This approach aims to study and describe what is moral and immoral, as well as the factors affecting the evolution of moral principles and values (Rich, 1994). According to Pera and Van Tonder (2005, p.7), descriptive ethics does not pass moral judgments on conduct or beliefs; it merely describes what certain people believe to be right or wrong without judging these beliefs. Desjardins and McCall (2000, p.5) noted that the distinction between descriptive and normative ethics is related to the difference between what is and what ought to be. In the same vein, Beauchamp and Bowie (2001, p.6-7) claimed that normative moral philosophy aims at determining what ought to be done, which needs to be distinguished from what is, in fact, practiced. 3. Meta-ethics The third approach was defined as the study of moral reasoning (Tsalikis and Fritzsche, 1989). It analyzes ethical concepts, which explains why it is also called analytical ethics (Rich, 1994). Meta-ethics analyses questions about the meaning of right and wrong or good and bad (Pera and Van Tonder, 2005). According to Creasia and Parker (1991), meta-ethics is the linking between ethical beliefs and the real world. Section 2: Business ethics As we stated before, research on business ethics, and most importantly on marketing ethics has begun to expand since the publication of Bogarts article (1962) The Researchers Dilemma (Jones and Kavanagh, 1996; Rao and Singhapakdi, 1997; Tsalikis and Fritzsche, 1989). It has gained growing interest among marketing scholars in the 1980s (Hunt and Vitell, 1983; Chonko and Burnett, 1983; Gresham, 1985). Studies in this domain had taken two main orientations: normative one or positive one. Normative studies aimed to develop guidelines and rules for marketers. Positive studies, in particular, in the last three decades focus on the description and the development of models and theories (Chonko and Hunt, 2000). But, what are the reasons behind this interest to study ethics in marketing? I. Reasons of the growing interest in business ethics According to Lavorata (2004), this growing interest in business ethics can be explained by several reasons: 1- external reasons and 2- internal reasons. 1. External reasons The integration of ethics by organizations can be explained by external reasons such as consumers pressure (Mercier, 1999). According to a survey conducted by the Foundation of France in 1997, 63% of consumers claimed to be sensitive to firms supporting a humanitarian cause. Thus, Ethics becomes a way to retain consumers. In fact, competitive pressure incited firms to look for new positioning and for means of differentiation from their competitors. Implementing strategies based on social responsibility and ethical practices is considered as a means to achieve this objective. Indeed; this may boost one firms public image and contribute in building long-term relationships with clients (Schwepker and Hartline 2005; Thomas et al., 2004). Moreover, the awareness about ethics importance and consequences seems to be boosted by top managers as a result of many scandals that had shaken the business world: WorldCom, a huge accounting scandal estimated at $11 billion. Enron, fraud and conspiracy in January 2006. Merck and GlaxoSmithKline, pharmaceutical companies, have had to retire drugs that have been considered unsafe for public use. Each new disgrace seemed to create a buzz for organizational change (Barnes, 2006). As a matter of fact, in 1920, Henry Ford wrote: A company must make profits otherwise it will die. But if we want the company to only run for profit, it will also die since it will have no reason for being. In 2001, the CEO of Lafarge B. Colomb has echoed these ethical concerns: Far from being expensive, ethics is a critical success factor. 2. Internal reasons The internationalization of organizations has led to a weakening of the corporate culture and in particular a loss of collective benchmarks (Lavorata, 2004). Moreover, individual ethics is the subject of an ongoing dilemma (Seidel, 1995). In fact, the organization must ensure its profitability and profit: its objective is then to reduce costs while boosting employee productivity (Mercier, 1999). Conclusion Despite its historical origins, ethics remains a subject matter of a special concern for contemporary academicians. In fact, it has been shown that ethics domain has undergone major changes in its foundations. This current widespread preoccupation among researchers about ethics led to an increased awareness about business ethics. The marketing is seemingly even more concerned. Indeed, the activities in this domain are often considered to be unethical (Baumhart, 1961; Brenner and Molander, 1977; Murphy and Lazcniak, 1981). According to Chonko et al. (1996), ethical abuse may take place as marketing professionals and particularly salespersons often face bothersome ethical problems in business. In fact, sales representatives are under great pressure and they are constant targets of ethical criticism (Mantel, 2005; Abratt and Penman, 2002). In this context, according to a survey of 1,324 workers including salespersons, managers, and executives conducted by USA Today, 48% of workers admit to do unethical or illegal acts (Jones 1997, p.1). In the same line, Jolson (1997) argued that for a long time, the sales representative was a person who put pressure on his customer by questionable techniques and whose only philosophy was increasing sales regardless the means used. The following chapter deals more in details with the (un)ethical behavior of sales representatives in marketing literature.
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