Business Law: Corporate Veil, Directors' Duties, Contracts, Employment Tests, Negligence

This document provides an overview of Business Law, covering topics such as piercing the corporate veil, directors' duties, contract existence, common law tests for employment, and charges of negligence. It includes relevant case laws and legal authorities. The document also discusses the importance of business laws in protecting and forming business organizations.

Business Law

INTRODUCTION
Business laws makes formation of business organization done within the help of legal
framework that has been formed under such laws. The law that is related over forming of
business organization in legal manner possible. In this law proper guidelines is been given which
makes business organization to be created in more effective manner. Also it involves goals and
objectives achieved that has been formed by an organization. Further the file is based upon
corporate veli, also companies act 2006 is been covered. In the end negligence is been covered.
TASK
Question 1
Discuss with the help of case law five ways of common law in which court has been piercing
corporate veil.
Piercing of corporate veil means that kind of legal decision which has been treating with
rights and duties persist by an organization. In it rights and liabilities of shareholders is also
covered. Relevant case related to corporate veil is Prest v Petrode in this case English Supreme
Court has made review upon the principals that shows determination over circumstances. Also
weather a court should include a company as separate legal entity or not. This has been further
included within legal consequences of company's act (Kumar, 2019).
Question 2
Discuss about duties that is owned by directors in relation to case study
In Companies Act 2006 there are general duties in relation to directors that has been
specified within section 171 to 177. These duties are related to creditors, shareholders and
employees. These duties include interest of stakeholders, good faith and promotion which makes
organizations objectives achieved. Also duty of reasonable care and due diligence. Relevan case
law related to it is Hogg v Cramphorn limited In this case directors does not permit over
exercising power that is delegated over making organization within circumstances that made
director to be under fiduciary position over exercising powers with constitutional rights.

Question 3
Advise Bill upon existence of contract between him and Preeya
As it can be observed from the given case scenario that offer has been made about the car
between the parties. Also acceptance is been done over the offer but was too late since the time
of the offer passed. This makes it clear that no contract is there between parties which has taken
place (Kiboro, 2019).
Question 4
Discuss whether judges can make law
Common laws are the laws which allows judges to make laws in relation to particular
case of already amended law. The laws formed through it is related over judgement that has been
passed within a landmark case. Under it proper report has been prepared which has made
specifies about the need of new law or evacuation of an existing law that is hampering societies
peace.
Question 5
Discuss with case law the common law tests for employment
Common law control test is that kind of test which has been using common law and rules
related to it over determining weather an relationship exist within the worker person or firm. In
this common – law test of employer makes right to tell employees over job what and when to do.
Relevant case law related to this Walker vs. Crysta Palace Football Club in this case question
has been arise that is football club engaged within contract services or not. Further court find out
that footballer was playing for club and payment was done by club. It was his decision of not
playing as per rules provided by club(Bissonnette, 2016).
Question 6
In reference over legal authority discuss that whether Sukhwinder and Ben can sue Emily over
charges of negligence or not
Negligence is the act which has been used in order to identify those act of omission
which could have been avoided at the time act was done. Further negligence is related to the
conduct which cause some serious consequences happened. In relation to above case law it cane
be observed that negligence has been conducted on part of Emily which made Sukhwinder suffer

form nervous shock which made broken pelvis. So, it is clear from the facts of the case that
negligence has been conducted as Emily crashed the car (Appel, 2018).
CONCLUSION
The above discussion it can be marked out that business laws are the laws which makes
protection of business organization and helps in its formation. Further the file cover about duties
of directors, corporate vile with case law. In this employment common law test and negligence
has been explained.

REFERENCES
Books and Journals
Appel, B.J., 2018. In the Shadow of the International Criminal Court: Does the ICC Deter
Human Rights Violations?. Journal of conflict resolution. 62(1). pp.3-28.
Bissonnette, C.M., 2016. The Definition of Civilians in Non-International Armed Conflicts: The
Perspective of Armed Groups. Journal of International Humanitarian Legal
Studies. 7(1). pp.129-155.
Kiboro, H.M., 2019. By all means necessary: a look at the reliance on United Nations Security
Council resolutions as a basis for internment in non-international armed
conflicts. African Yearbook on International Humanitarian Law. 2019(1). pp.25-48.
Kumar, R., 2019. ‘Between States and Insurgents’: The ICRC in Internal Armed Conflicts.
In The International Committee of the Red Cross in Internal Armed Conflicts (pp. 21-
68). Palgrave Pivot, Singapore.
Otieno, A., 2017. Pathways to Transforming “New” Conflicts in Africa. Peace Review. 29(3).
pp.358-365.