ABSTRACT
An adverse human rights audit can put a supplier’s business at risk long before a court examines the evidence. For workers at the same factory, even a sound audit may leave the question of compensation unresolved. This article examines the authority of ethical assessments in commercial relationships through these two disputes. I argue that the legal effect claimed for an assessment requires justification by reference to the particular obligation at issue. Debates about legal validity and authority provide the jurisprudential basis for the inquiry. The assessment of remedies draws on Shiffrin and Fried’s disagreement over contract and promise. English contract and negligence cases, EU sustainability requirements and the public recognition of technical standards show how the problem arises in practice. I propose a statutory right to reasons and timely review for dependent suppliers in existing relationships governed by English law. Workers’ claims require further examination of any protective function the buyer has undertaken and the harm caused by its performance.
Tan, Albert, Law and Morality in Commercial Relationships (June 1, 2026).
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