Business Law and Ethics

This document discusses the role of executive, judiciary, and legislative in business law, the remedy of specific performance with a case law example, the difference between a general partnership and a company in terms of separate legal entity and limited liability, and how an employee can be dismissed from an ethical perspective. It also provides an introduction to business law and ethics and concludes with references.

BUSINESS LAW AND
ETHICS

INTRODUCTION...........................................................................................................................3
TASK...............................................................................................................................................3
LO 1.................................................................................................................................................4
Role of executive, judiciary and legislative.................................................................................4
Discuss the remedy of specific performance and limitation imposed by court with case law....4
LO 2.................................................................................................................................................5
Difference between a general partnership and a company with references to seprate legal
entity and limited liability............................................................................................................5
How an employee can be dismissed at law from an ethical perspective.....................................5
CONCLUSION................................................................................................................................6
REFRENCES...................................................................................................................................7

INTRODUCTION
Business law is that kind of law which has been formed for helping in establishing of an
business organization. These types of rules and regulations are to be established in order to
provide a frame work to an organization which helps it to settle in market as per law in a country.
Such laws are those types of rules and regulations which are very helpful in achieving of goals
and objectives in organizations. These are also known as mercantile law or company law. Scope
of such law is very dynamic and is able to cover all major issues of business organizations. Ethic
is that kind of professionalism that has to be shown and followed for maintaining discipline and
order in the company. As per law ethics has a vide nature because it helps in maintaining
decorum of court. In this file things taht are going to be discussed is executive, legislative and
judiciary in detail. Then specific performance and limitation imposed on it. Further difference
between partnership and company. In the end dismissal of an employee from perspective of
ethics.
TASK
Scenario: Samuel has just been graduated from University of Suffolk and has applied for two
week internship with a commercial law firm in London named as London Law LLP. He has also
received an invitation for interview. If he is able to impress his members of various departments
then a contract for training can be formed at the firm. Rosemary is the Human Resource Manager
at the firm. She informed Samuel that if an candidate is going to spend time in any of the
following four department Public, Commercial, Corporate, Employment and Pension
(Baron, P. D. and Corbin, L. C. 2016).
LO 1
Role of executive, judiciary and legislative
Government has an very important role to play in forming of law in a country. All these
three organs has an very crucial role in formation of rules and regulation for betterment of a
country or society. They are supreme authority and most important pillar marked under
constitution of a country. Both these organs go hand-in hand with each other to sort out issues
which has occurred out of certain amended law(Brinkmann, 2019). As law is imperative in
nature and for its effective implementation role of government is divided in to three parts. They
are explained as follows:
Executive role: This role is related to making policies which will be applicable
throughout UK. The enforcement of legal provisions are comes under this role which is
necessary for maintaining law and order. It comprises Queen, Prime Minister and other cabinet
ministers. Enforcement of legal provisions or implementation of law comes under this role. All

this is necessary for maintaining law and order in a country. Enforcing of laws legally comes
under this role that is necessary for keeping balance in society
Legislative role: : As per this role various kind of laws are enacted that is related to all
aspects occurring in society. A bill is presented in House of Lords and House of Commons
where discussion takes place and for becoming law a bill has to go through three readings in
which proper debate and amendment is done over the bill.Bill is necessary for governing rights
of people living in UK. Bill is that documents which contains details about law to be amended
through it. It is discussed properly in both the houses and then Royal assent is given to it after
this only it becomes law (Cay, 2019).
Judiciary role: In this role of government is to caret an impact by passing judgments in a
case which create effectiveness in judicial system. Such judgments become base for upcoming
cases of same nature and enhances smoothness in process of judgment. All the members of
government come under this committee only. Judiciary can also form laws out of certain
landmark case in which justice has not been provided in appropriate manner. This helps in
solving out the delay occurred in judicial process. Judgments passed by judges of superior court
are covered under common law.
Discuss the remedy of specific performance and limitation imposed by court with case
law
Every organization has to enter into different contracts throughout their business for carrying out
transactions and dealings in a lawful manner so that legal obligations can be avoided. These are a
required part in every organizations because every transactions is regulated by terms and
conditions mentioned in the contract. UK government has not enacted a separate legislation for
this purpose, instead these are governed by Sale and Supply of Goods Act. Contravention of any
terms and conditions will give the right to revoke or cancel the contract. Specific performance is
an equitable remedy that is available only by the discretion of judges. It is an order in which a
court is requiring one party to perform an obligation of contractual nature. Relevant case law
related to this is Walters v Morgan in this the defendant has purchased some land and claimant
wishes to do mining in it. The land that has been brought contains a draft lease of it. This lease
has been signed under pressure by him and he was not aware of the fact about price of land.
After some time he discovered the true value of land. He was not allowing the defendant to do
mining over the land. For this only the breach of contract has been filed and sought for specific
performance. Defendant said that the contract has been not been followed properly. In this the
court held that since the claimant has not mislead the defendant about the value of land so there
is no misrepresentation. Court has refused order for specific performance as the claimant had
been sought for taking advantage over defendant’s ignorance by pressurizing him to sign the deal
(Cumming,, Hou. and Lee, 2016).

LO 2
Difference between a general partnership and a company with references to seprate legal
entity and limited liability
These are that find of agreements in which two or more than two companies are involved
in forming an organization. Only motive for forming of such kind of business is to earn profit.
All problems are required to be faced by partners themselves. Also share in profit and loss is
done. In a sense it can be said that two parties are required for agreement. Formation of these
organization does not required registration but is still done by getting register under HMRC of
its self assessment. These are managed by the partners themselves and all problems are discussed
among partners. Main advantage of these types of firms is limited liability which means that all
liabilities occurred is divided among partnership. These companies are part of incorporated
companies and all are required to be managed through directors and shareholders. These
companies are not allowed to sell there shares in the market. All the decisions are taken by the
directors (Erlic, 2017). Registration of these companies are done only after forming of
memorandum of association and submitting required documents to companies house.
Management of such company are done by manging directors who has the authority to take care
of all the profit and loss occurred. These companies are very secured to be formed. It is
considered to be a separate legal entity then its owners which means that company is itself a
separate from its owner and can be sued separately
How an employee can be dismissed at law from an ethical perspective
Ethic is considered to be one of the most important part of the corporate world and an
organization because it helps in maintaining of relationship and discipline in an organization. If it
is not being followed in proper way by the employees working in an organization then action can
be taken against him. Process through which he can be thrown out of the company is to observe
his behavior in an organization, after this proof has to be collected against him and then with the
help of HR case is to be filed against him. An employee can be terminated only when behaviour
is causing problem within an organization (Kang. and Choi, 2017).

CONCLUSION
In this essay it can be concluded that concept of ethics has been covered which means and
practice that helps in maintaining discipline and order in an organization. Also business law has
been told these are those rules and regulations necessary for establishing of an organization.
Then case law has been explained for specific condition that comes under contract. Partnership is
that kind of business organization which comes under unincorporated organization. Employees
can be terminated for not following ethics in a company. Then executive, judiciary and
legislative role has been covered.

REFRENCES
Books and journals
Baron, P. D. and Corbin, L. C., 2016. Ethics begin at home. Legal Ethics. 19(2). pp.281-293.
Brinkmann, J., 2019. The Potential Use of Sociological Perspectives for Business Ethics
Teaching. Journal of Business Ethics. 156(1). pp.273-287.
Cay, D., 2019. Contemporary issues in law and ethics: Exploring the family veto for organ
donation. Journal of perioperative practice. 29(11). pp.361-367.
Cumming, D., Hou, W. and Lee, E., 2016. Business ethics and finance in greater China:
Synthesis and future directions in sustainability, CSR, and fraud. Journal of Business Ethics,
138(4). pp.601-626.
Erlic, S., 2017. Would a Hippocratic oath of business encourage business leaders to make ethical
decisions? A study into what business students learn in business ethics class. Responsible
leadership and ethical decision-making. pp.83-94.
Kang, S. and Choi, J., 2017. Business Ethics and Government Intervention in the Market in
Joseon. In The Political Economy of Business Ethics in East Asia (pp. 113-130). Chandos
Publishing.
Karpavithra, S. and Karvittal, S., 2017. The Role of Indian Ethics and Values. International
Journal of Engineering and Management Research (IJEMR). 7(2). pp.560-569.