Business Law Essay Example | Topics and Well Written Essays - 1000 words - 28

Business Law - Essay Example The Uniform Commercial Code has been promulgated in several US states and this makes its application binding in commercial transaction cases in various States. On the other hand, the case of Willard v Taylor will only be advisory in respect to the case of Beneficial v Google since the facts in the two cases are not identical and thus the outcome in the two will be different. Additionally, the case is not current and it does not reflect all the issues contained in the current case. The rapid shifting dynamics of the contents and requirements of contract law makes the case only advisory1. The ethical issues involved in this legal dispute include trust and inappropriate charges. The initial contract between Google and Beneficial Innovations provided that Beneficial would not bring patent infringement claims against Google or its customers. When Beneficial brought a claim for infringement of patents by Google‘s customers, it breached the agreement it had entered into agreeing not to sue Google or its customers. This breach violated the trust that had been established when the contract was formed. The claim by Beneficial for damages also placed inappropriate charges on Google as the action was against the agreement. Under duty based ethics, the outcome in this case would be to find Beneficial Innovations in breach of contract as allowing them to collect from the patent infringement claims would be harmful to Google. Duty based ethics require that if a party could be injured, then corrective measures should be taken to eliminate the harm. Beneficial‘s actions are harmful and finding them in breach of contract would correct the breach by deterring them from further infringement. On the other hand, under the outcome based ethics an outcome in favor of Google would be suitable. Outcome based ethics provide that the outcome any event should yield the greatest good for the greatest number.