Business Law and Ethics: Contracts, Court System, and Remedies

This document provides an overview of business law and ethics, focusing on contract law, the court system in relation to the English legal system, and the remedies available to parties in case of breach of contract. It explains the formation of contracts, the importance of terms and conditions, and the elements of a valid contract. It also discusses the court system and advises parties on which court(s) to pursue for legal action. Additionally, it explores the various remedies, such as compensation and specific performance, that can be sought in case of breach of contract.

Business Law and Ethics

Table of Contents
INTRODUCTION...........................................................................................................................................3
MAIN BODY.................................................................................................................................................3
Define contract law and describe all the blue prints of a contract..........................................................3
Explain the court system in relation to the English legal system and advise the parties above which
court(s) action to pursue.........................................................................................................................4
Advise Hilary as to whether binding contracts exist between herself and each of the following people :
Eleanor, Amy and Olivia...........................................................................................................................5
Explain and discuss the various remedies available to the parties..........................................................5
CONCLUSION...............................................................................................................................................6
REFERENCES................................................................................................................................................6

INTRODUCTION
Commercial sector has the huge importance in current scenario and looking at the
requirements, number of new laws and regulations are being passed by English Legal system so
that effective result can be obtained. In the similar manner, there is Business law which provides
specific guidelines for commercial sector that has its own importance. The guidelines are
important because decision making ability of organization gets improved. In the similar manner,
ethical value has crucial role within the entity as it ensure that organization do not take any of
those step which can create issue for stakeholder at the time of attaining the goals. This file will
cover different aspects that suggests that how any of the contract is formed and what is the
procedure to resolve the problem through legal procedure. Along with it, by considering case
scenario, it will be analysed that whether binding agreement is there between the involved party
or not including several remedies.
MAIN BODY
Define contract law and describe all the blue prints of a contract.
Contract law is something which forms the agreement between the parties. The purpose behind
the agreement is to ensure that specific work is performed by the involved party. On a daily
basis, contract law comes into use between the people or organisation. Some of the contracts are
found to be in written form where some of them are also available in oral form. For the purpose
of formation of contract, involvement of two parties is must and once contract is formed, it is
essential that work must be formed in the similar manner (Sison, 2018). If any of the party
breaches the term and condition then they will be held personally liable and even they must
compensate the innocent party as per the order declared by the court. Although, innocent party
has the right to obtain compensate but for that they must be able to prove in the court.
The blue print of contract explains that whenever any of the party tries to enter into the
contract there are certain terms and condition which they must be able to focus because slight
mistake can create huge issue for them. Some of the important elements of contract are offer,
acceptance, consideration and intention to enter into the contract. In context of offer, it is
just a proposal which is to be presented in front of other person or entity. It is essential that any
of the offer must not be understood with the term invitation to offer as both of the terms are

different from each other. For the purpose of separating the offer and invitation to the offer, there
is a landmark case which has been discussed in the court of UK. The case was between Harvey
v Facey (Muller and Fink-Samnick, 2017). In simply words, offer is the primary step to form the
contract whereas invitation to the offer is a primary phase of offer only. Then, there is acceptance
which is crucial in any of the contract because it is said that to form any of the legal contract
acceptance must be show by the one to whom offer was made earlier. The important thing must
person must know is the revocation to the contract is possible only till the time period where
letter is not received by the offeror.
There is also consideration which is necessary in the contract. The legal contract says that
some benefits must be given to either side in the contract to make them valid. The major number
of considerations is done through monetary form which is given after the completion of the
contract. Finally, contract law says that whenever parties enter into the contract, it is necessary
that there must be legal intention to enter into the contract. For example, there are number of
situation where legal intention in contract is missing such as when contract is formed between
father and son, husband and wife and many more. This particular situation was denoted by the
landmark case between Balfour v Balfour (Gross-Schaefer and Kalbers, 2018).
Explain the court system in relation to the English legal system and advise the parties above
which court(s) action to pursue.
The court system has a huge importance as it simply the situation of the case by finding
out the conclusion which is required within the case. Whenever any of the case is needed to be
solved, it is firstly analysed that whether case is of civil nature or criminal nature. It is because
on the basis of nature case is required to be solved in different types of case.
Civil case: This are some of those cases which is resolved with the help of civil
procedure where different types of court are available. The primary level of cases are solved
within county court. If suitable result is not achieved within the case then there is magistrate
court, high court, court of appeal and finally supreme court is also there.
Criminal case: For the purpose of resolving any of the case where criminal charges has
been imposed upon defaulter there are number of courts are available such as magistrate court,
crown court, court of appeal and House of Lords. All of these court have huge importance within
English Legal system.

The given scenario shows the dispute regarding agreement between the parties which
means that they need to resolve their problem through civil procedure. The nature of their dispute
is related to agreement where they can take the help of county court which is specialist in solving
out civil litigations (Sheikh, 2017).
Advise Hilary as to whether binding contracts exist between herself and each of the following
people: Eleanor, Amy and Olivia.
The case scenario has clearly presented that Hilary was the one who was willing to enter
into the contract with different party in different form. Below, it will be analysed in detail there
whether involved party forms the legal contract or not. The detail description is presented below:
In context of Hilary & Eleanor: Both of this party do not form any of the legal contract
with each other because offer and counter offer was only seen within the case. The offer made by
Hilary was not satisfying for Eleanor and even counter offer which was made by Eleanor was not
convincing for Hilary. It is the reason behind not forming any of the contract between Hilary &
Eleanor.
In context of Hilary & Amy: The case scenario shows that contract between Hilary &
Amy was not formed. It is because after showing willingness, Amy thought to revoke the
contract so she had sent mail through fax where it was mentioned to ignore the acceptance form
which has been posted to her. It means that there is no valid contract between both the parties in
this respective scenario.
In context of Hilary & Olivia: The contract between both Hilary and Olivia is valid
according to the given scenario. The main reason behind the valid contract is that invitation to
treat the offer was made by Hilary into which Olivia was pretty interested. Even, breach of
contract is also found in the scenario breach at the time of sale Hilary said that he is not willing
to sell the product through grand sale (Poff, 2020).
Explain and discuss the various remedies available to the parties
There are some of the types of remedies available in any of the type of contract if any of
the contracted party fails to perform their part of work which has been mentioned below:
Compensation: There is a provision in contract law that if there is a breach of contract,
then defaulter party may have to compensate the innocent party. In order to claim for

compensation, it is necessary that innocent party must be able prove that default has been
performed by the contracted party (Moretti, 2019). The compensation is done in monetary terms
which is always decided by the court.
Specific Performance: It is also one of the remedies which is available in any of the
contract where it is decided that defaulter has to perform the remaining part of work in the
contract. Mainly, these types of order are declared by the court (Ciocchetti, 2016).
CONCLUSION
The above discussed case shows that legal rules and regulation is quite important for
business entity and for that they can even consider business law as well. Once contracted party
enters into the contract, they are not permissible to breach any of the terms and condition. If it
happens then innocent party must be compensated. Even there are some of the circumstances
where court gives the order to perform specific task. The court procedure is lengthy so it has
been further classified on the basis of issue i.e., civil issue and criminal issue.
REFERENCES
Books & Journals
Sison, A. J. G., 2018. Virtue ethics and natural law responses to human rights quandaries in
business. Business and Human Rights Journal, 3(2), pp.211-232.
Muller, L. S. and Fink-Samnick, E., 2017. Law and ethics: A marriage of necessity. Professional
Case Management, 22(3), pp.138-141.
Gross-Schaefer, A. and Kalbers, L. P., 2018. Legal Ethics Education: From Academic
Foundation through Professional Practice. Prof. Law., 25, p.18.
Sheikh, S., 2017. Sharia: Law & Ethics of Organ Donations in Islam. J. Int'l L. Islamic L., 13,
p.30.
Poff, D. C., 2020. Business Ethics Research and Research Ethics in Business
Research. Handbook of Research Ethics and Scientific Integrity, pp.999-1011.
Moretti, A., 2019. Navigating the grey areas of law and ethics in ethnography. Journal of
Organizational Ethnography.
Ciocchetti, C., 2016. Employment Law & Ethics: 7 Things You Need to Know About: Hiring:
Job Search--Promotion (Presentation Slides). Available at SSRN 2714393.