Ethical norms act as the lenses through which we view particular situations. Individuals who give greater weight to one ethical norm could easily view the same set of facts as another person but see...

Ethical norms act as the lenses through which we view particular situations. Individuals who give greater weight to one ethical norm could easily view the same set of facts as another person but see those facts in a different light. These different lenses do not necessarily suggest that one person has the correct view and the other does not. Instead, these lenses simply influence an individual’s perception of certain events, which could lead to disagreement between individuals who are wearing ethical lenses of varying colors. Disagreements on the basis of contrasting ethical lenses are easily seen in the relationship between plaintiffs and defendants. These opposing sides often disagree about what should be the outcome of a case, even when they agree about most of the facts. In Case 18-3, Soskin and CRM viewed the same set of facts; they agreed that there was a contract, signed by Barry Soskin, and the clause in dispute stated “I personally guarantee.” Soskin and CRM, however, vehemently disagreed about who should be liable—the individual or the LLC. The next two questions ask you to view the facts of Case 18-3 while trying on a couple of different ethical lenses.

 1. Make a list of the facts in Case 18-3. Clue: Reread the introductory section. Be sure to consider the relevant rules of law in this case.

 2. Assume that you are defendant Soskin in Case 18-3. What ethical norm would be most important to you when viewing the facts of the case as you make your argument? To enhance your understanding of the ways in which ethical norms influence your perception of given facts, now pretend that you are a business manager for CRM. With which primary ethical norm are you most likely to view this case? Clue: Focus on the way in which each party would interpret the defendant’s capacity in signing the agreement.