Business Law and Ethics: Breach of Contractual Relationships & Remedies

This document discusses the importance of business law and ethics in organizations and focuses on breach of contractual relationships and remedies. It explores the legal position in different scenarios and provides advice for resolving conflicts. The subject is Business Law and Ethics.

Business law and
ethics
Table of Contents
INTRODUCTION......................................................................................................................3

MAIN BODY.............................................................................................................................3
PART 1.......................................................................................................................................3
Breach of Contractual Relationships & Remedies.................................................................3
Remedies available to Raymond........................................................................................4
Would answer be different if Samantha had paid Raymond the £200 three weeks earlier
than the debt was actually due, and Raymond had agreed to this?........................................4
What would be the legal position if Raymond had requested a £400 payment from
Samantha as full and final settlement?...................................................................................5
What advice will have for Samantha.....................................................................................5
CONCLUSION..........................................................................................................................7

INTRODUCTION
In organisations, wide range of functions, operations and business activities are
executed. Business law and ethics are important for organisations which are to be considered
so that goals as well as objectives are achieved in proper manner (Basha, 2020). These rules
or legislations have wide impact on business operations and functions. In business, it is
crucial to focus on rules & regulations on basis of which everything is carried out
appropriately. It is seen that it is necessary for enterprises to hire legal practitioners within
management which brief them about government laws, & other information.
MAIN BODY
PART 1
Breach of Contractual Relationships & Remedies
In market, it comprises of large, medium, small enterprises who execute their
activities with proper consideration by following all rules, law and under government
considerations. Contract is defined as agreement between two or more than two people,
organisations which is carried out in order to achieve common desired goals. Main aim of
using contract is to expand business, activities and achieve goals within period of time. It is
important to consider contracts in proper manner so that it is easy to achieve the objectives.
Raymond who comes under contract with Samantha to get work done within period of time
and at affordable prices. It is not essential that everything happens according to the guidelines
of contracts. So, it is required by both parties to communicate effectively on basis of which it
is easy to maintain formal and personal relationship in appropriate way. Basically there are
various types of contracts such as Adhesion contract, Unilateral & Bilateral, Express &
Implied contracts etc. Relying on parties goals or objectives, types of contract are being
chosen.
Breach of contracts
It is defined as situation that occur at time when one party breaks or fails the
guideline or considerations of contracts due to any cause (Beatty, 2018). It is crucial, to be
well aware about much situations so that it is easy to implement strategies or provide
situations to problem. In business perspectives, such type of situations does arise many times
which are required to be solved properly. In given case study of Samantha and Raymond, it
does reflects the breach of contracts.
It is necessary for both parties to go through the contracts so that decisions making
process is carried out in most efficient manner.

Remedies available to Raymond
According to the give case study, it is crucial to have appropriate knowledge about
legal laws as well as legislations so that remedies are chosen accordingly. It is crucial to use
remedies so that problem or issues are solved in proper manner (Boiral, 2019). Raymond
need to be active regarding changing situation & remedies so that it is easy for him to use his
rights or legislations in proper manner.
So, it is seen that Raymond faced breach of contracts and there are various remedies which
are available which are discussed as follows-
Restitution for unjust enrichment
It is first remedy which is available to Raymond. Restitution is to be defined as
payment given by convicted offender or party orders by court. Unjust enrichment refers to
situation when Party A is benefit from Party B without party A receiving proper restitution. It
is most effective remedy which is beneficial for Raymond in respective of give case situation
of both parties.
Rectification of instrument
It legal terms, it refers to modifying the errors and instrument is known as contract.
This remedy under specific relief act is an remedy that is given by court when activity or
facts does not matches up with parties perception. It is advised to Raymond to use this
remedy so that errors can be examined. As in this case, there is need of modification errors of
payments agreed or disagreed by both parties. Through adopting of rectification of
instrument, it is easy it is easy for both parties to execute their contracts in valid and ethical
manner (Dierksmeier, 2020).
Rescission of Contracts
It refers to remedy in which it refers to getting relief of contracts asking to court to to
get relief and declaring that wrong or illegal contract has been imposed on him or her. It is
another effect remedy which can be adopted by Raymond to respond to Samantha actions.
This will help Raymond to avoid many legal problems & issues (Gupta, 2020).
Thus, from above discussed matter it is analysed that it is crucial to use these
remedies so that it is easy for Raymond to deal with situation in well organised manner. Also,
such remedies are to be examined properly on basis of which appropriate options are adopted.
Contractual relationship is crucial to be carried out so that everything is being carried out
with appropriate considerations.

Would answer be different if Samantha had paid Raymond the £200 three weeks earlier than
the debt was actually due, and Raymond had agreed to this?
Yes, answer will be different if Samantha has paid £200 three weeks earlier then
situation will occur in which counter is to be offered by her & Raymond will have option to
accept it or not. Basically counter offer refers to additional offer which is made by at time of
negotiation of contract. So, in give case study, Samantha will gave option to Raymond to
accept or not & which is benefit for Raymond as he will not consider the low profit base
contract. Thus, it is essential for Raymond to use be well aware of this counter offer. It is
also necessary for Raymond to have effective communication with her so that it is easy for
both of parties to deal with situation in correct way.
What would be the legal position if Raymond had requested a £400 payment from Samantha
as full and final settlement?
Raymond and Samantha both comes under contracts under & then problem occur
with side of Samantha. In this situation, if Raymond had requested £400 payment from
Samantha as full and final settlement, then there will be situation in which legal position is
being viewed as valid offer made by Raymond of £800 & then Samantha offer him for £200.
Further, if Raymond focuses on counter offer for £400 then there will be final & full
settlement. This will also have impact on situations as Samantha have to analyse whether to
accept or reject the offer. After that, earlier offers made will be cancelled & both parties will
have to deal with terms & conditions within contract. Legal position is essential to be
examined so that it is easy to adopt effective strategies & take decisions in proper manner
(Kriebitz, 2020).
What advice will have for Samantha
The give case depicts that Raymond is asking for final and full settlement with
remaining balance of £600 after watching the ads of paintings of Samantha on newspaper in
which price got increased and paintings were sold in £20000. In this situation, Raymond has
accepted the payment & offer made by Samantha of £200 (Kryla-Cudna, 2018). So, this
situation depicts that mutual agreement has been made. Thus, it is advised to Samantha that
she is not liable to pay additional £600 to Raymond as there no there were proper disclose of
information in contracts as well as negotiation. Therefore, it is advised to both parties to
communicate & clarify the situations in order to avoid problems in future interval of time.
She needs to take stand for herself as in this situation is right at her point.

It is advised to Samantha that she can hire a lawyer or third party to resolve
complexities between contracts. Also, another advised is that she can too directly contact to
Raymond & conduct a formal meeting to resolve problems or do settlement.
So, from above discussed matter it has been examined that it is essential to focus on
prior situation of contract & after situation of contracts so that it is easy to eliminate risk in
process. It critically important for both the parties to understand each other point of view as it
will help them to avoid legal issues in contracts. Both partners should deal with occur
problems & situations in appropriate way.
CONCLUSION
After a brief analysis of above report, it has been concluded that it is crucial to gain

and be aware of business ethics as well as law so that risk or problems are being eliminated.
So, discussions have been made about case studies one based on Raymond and Samantha. In
this competitive market, it is necessary to focus on these laws & regulations so that it is easy
to achieve goals & objectives. Further, adopting of these law suits assist in reducing of
complexities & problems.
REFERENCES
Books & Journal:
Basha, 2020. Bhopal gas Tragedy: A safety case stud.
Beatty, 2018. Essentials of Business Law. Cengage Learning.
Boiral, 2019. Ethical issues in the assurance of sustainability reports: Perspectives from

assurance providers. Journal of Business Ethics, 159(4), pp.1111-1125.
Dierksmeier, 2020. Blockchain and business ethics. Business Ethics: A European Review,
29(2), pp.348-359.
Gupta, 2020. Methyl isocyanate: the Bhopal gas. In Handbook of Toxicology of Chemical
Warfare Agents (pp. 389-402). Academic Press.
Kriebitz, 2020. The Xinjiang Case and Its Implications from a Business Ethics Perspective.
Human Rights Review, 21, pp.243-265.
Kryla-Cudna, 2018. Breach of contract and damages for non-pecuniary loss. European review
of private law, 26(4).