Law-C3-Ethical Considerations

Question 1

Ethics

Answer 1

Is the theory of morality.

Question 2

Moral principles

Answer 2

Are the standard of conduct required by society or by an organization or group.
A Code of Ethics is an example of Moral Principles.

Question 3

Conflict of Interest

Answer 3

• is a situation in which the professional has conflicting obligations to the public, client, the employer, the profession, or him or herself.
• Conflict of interest is often solved by identifying the conflicting interest and duties and then determining which duties or interest take precedence.

Question 4

Code of Ethics

Answer 4

are standard set out by a group of professions to assist members in determining the correct course of action in unclear circumstances.

• These codes are not legal standards.
• Failure to follow these codes can result in disciplinary action, and sometimes legal liability.
• Individuals who are not members of any professional bodies are not governed by the code, but by legal remedy.
• Codes identify to whom duties are owed and in what priority.

Question 5

What consists of the Duty to the Public component of the code of ethics?

Answer 5

–A duty to protect the safety and welfare, and with fairness and integrity towards the members of the public.

• Disregard for public safety can result in negligence claims and loss of the right to practice.
• Public interest in safety must take precedence over all other duties.

Question 6

What consists of the Duty to the Client component of the code of ethics?

Answer 6

• A duty to act as faithful agents to the client.
• Duty to maintain confidentiality.
• Duty to avoid conflicts of interest with personal gain.
• Duty not to accept financial compensation from other party whose interest conflicts with an existing client.
• Duty to ensure the client is aware of societal and environmental consequences of actions.

Question 7

What consists of the Duty to the Employer component of the code of ethics?

Answer 7

-Duty to be loyal to the employer and must put employer’s interest over him/herself.
-Duty to maintain confidentiality.
-Duty not to accept financial compensation / or any assignment from other party whose interest conflicts with the employer.
-To remedy the above; a Constructive Trust can be used.
Constructive Trust is a trust implied by law to protect the rights of one party in a relationship. It may protect the rights of the employer if an employee improperly competes with the employer. Any profit earned by the employee will be held trust and the employee can be forced to forfeit to the employer. (However, employee may obtain a consent to avoid this trust.)

Question 8

What consists of the Duty to the Profession component of the code of ethics?

Answer 8

• Duty to the association (eg: Vote, pay annual fees, uphold reputation)
• Duty to oversee enforcement of the profession. (eg: report unprofessional conduct)