Ethical Considerations

Paper Summary:

This paper discusses how fraudulent misrepresentation, also known as fraud or deceit, is a tort based on liability for material misrepresentations, upon which a party justifiably relies, which lead to a contract or other legal relationship. It points out that the reasonable reliance clause makes the tort of fraudulent misrepresentation an acceptable part of ethics law and how the ethical ramifications of the extension of liability are enormous. It also relates that the very complexity of most mergers and acquisitions, combined with the sheer number of interested parties, makes it unlikely that a merger or acquisition can be completed without dealing with conflicts of interest or other ethical considerations.

Table of Contents
Fraudulent Misrepresentation
Mergers and Acquisitions

From the Paper:

"The merger of acquisition of small companies presents different ethical issues. The first issue is that rumors of a merger might be enough to destroy a smaller business, which means that confidentiality takes on a new importance in small business mergers. The second issue is that many small businesses are funded from the outside, whether through investors, lenders, or venture capitalists. Any change in a company's ownership has to protect the interests of the people and institutions that already have an interest in the company."

Sample of Sources Used:

• Cochran, J. (2005). "Dan. B. Dobbs, The Law of Torts 1343-59 (2000): Misrepresentation." Retrieved February 9, 2006 from Texas Tech University School of LawWeb site: http://www2.tltc.ttu.edu/Cochran/Cases%20&%20Readings/Business%20Torts/misrepresentation.htm

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