Business and Company Law

Business and Company Law

Contents
INTRODUCTION...........................................................................................................................3
MAIN BODY..................................................................................................................................3
a. In relation to English legal system, explain the difference between Common law and Equity.
.....................................................................................................................................................3
b. Explain the postal rule and the exception................................................................................3
c. Explain the circumstances under which paying the creditor with an amount less than he/ she
claim can constitute a good consideration...................................................................................4
Analyse the discussions between Alia and Sujhad as to whether there has been an offer and
acceptance....................................................................................................................................4
Outline and discuss the other two elements, which were not discussed in previous one............5
c. explains the meanings and effect of ‘term’ and ‘representations’ respectively.......................6
Discuss the remedies available to an injured party for a breach of contract...............................7
CONCLUSION................................................................................................................................8
REFERENCES................................................................................................................................9

INTRODUCTION
Business and commercial law are there two significant area of legal practices which considered
major level of overlapping issues. The former one has clear focus on the differentiated concepts
of the business which have the inclusion of formation of company, mergers, acquisition,
shareholders rights and or property issues (DiMatteo. and Hogg, M. eds., 2016). In the other
hand latter have focus on their sale and distribution of goods as well as financing and transaction
aspect. In this report, there will be clear discussion on the different aspect of contract law along
with differentiated circumstances handling. In addition to that, the report will also consist of
practical implication on case study of Alia and Shujad.
MAIN BODY
a. In relation to English legal system, explain the difference between Common law and Equity.
English law is the common law of there or legal systems of England and wales which have the
clear comprising of mainly criminal and civil law as each branch have it own level of courts and
procedure (McDermott, 2017). This have the applied level of agreements that’s the parties
should have adoption the jurisdiction of England and Wales as well as for matters within the
physical jurisdiction.
Hence there is the difference in between the common law and equity as there former on
have the law which are more significantly based on precedence’s and member of ruling judged
who can have proper hearing their cases in courtroom. On the other hand, equity have the law
which are similarly been establishes by the ruling courts but have judgement deals thorough
having the equitable decision. Common law are also the case laws which is been enacted on
based of the court rulings which have bene developed their older level of courts cases. On the
other hand, are developed as supplements to strict statutory law which have providence of high
punishments on basis of justice and fairness including the motive of been accused.
b. Explain the postal rule and the exception.
Contract laws is the body which have the proper level of governing enforcing and interpretation
the defernite agreements which are related to exchange of goods, services as per the properties
and money (Adriaanse.,2016). In addition to that’s postal rue is considered to be exceptions to
the general rules when the contact has acceptances must be in order to be properly
communicated in direct manner to the offeror and the acceptance is considered to be effectives
when the situation have the receive the acceptances from offeror.
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The exception asper the postal rule is such as-
Postal rules doesn’t have application when the letter of acceptance have not been posted in
appropriate manner.
This doesn’t have application where the letter has not been properly possessed.
The rule has not application where the post has not been usual method of communication.
Postal rule does NOT apply where the express terms of the offer 'exclude the postal rule', i.e. if
the offer specifies that the acceptance must reach the offeror.
Hence, the acceptance should be mailed in timely manner so that parties of contract can have
proper alteration in terms for offering postal rules or mail box will be considered as ineffective.
It doesn’t have any mattered where offeror accruals have received the acceptance which is bee
effective.
c. Explain the circumstances under which paying the creditor with an amount less than he/ she
claim can constitute a good consideration
There are all different rules which are related to considerations in the contract law. In addition to
that’s paying less the amount less to creditors can be constitutes as good level of conversation
have the inclusion of different circumstances. In recent manner, the performance of exiting duty
is considered o be part of good considerations as per the certain level of circumstances which are
be such as-
1. Considerations must be moved out form the promises as the defendant can made an
offering the plaintiff and the when the plaintiff had performed as their request, the
contract will be considered as binding.
2. Consideration must be sufficient but not have the need to be adequate so the parties an
exchange proper level of value.
3. Consideration must be more forbearance and compromise.
Question two
Analyse the discussions between Alia and Sujhad as to whether there has been an offer and
acceptance
Contract law is considered to be agreements between the parties which is legally binding and
enforceable by law. This law has the implication if their various level of rights and regulation
with their respective obligation for the contractual parties. This is helpful in governing the
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