Business Law and Ethics: Contracts, Court System, and Enron Case Study
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This document provides an overview of business law and ethics, focusing on contract law, the court system in the English legal system, and the Enron case study. It discusses the concept of binding contracts, various remedies available for parties, and the importance of ethical corporate governance.
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TABLE OF CONTENTS INTRODUCTION...........................................................................................................................3 TASK 1............................................................................................................................................3 Contract law and description of all blue prints of a contract.......................................................3 2. Court system in respect of English legal system and types of court each part needs to follow .....................................................................................................................................................5 3. Analysis over binding contract that is between following peoples such as Amy, Eleanor, Olivia and Hillary........................................................................................................................6 4. Various remedies available for each party...............................................................................7 TASK 2............................................................................................................................................8 Overview on Enron Case study...................................................................................................8 CONCLUSION..............................................................................................................................11 REFERENCES..............................................................................................................................12
INTRODUCTION Business ethics and law are the major elements of the company growth and success. However, business law comprises different regulations and rules that guides how to establish and operate a business firm. It comprises all the legislations and laws that administers how to start- up, manage and exist any type of business in precise manner. On the other hand, business ethics is the process of implementing right practices and policies of the business to deal with controversial topics. There are various issues that arises during discussion of ethics such as trading,corporategovernance,socialaccountability,fiduciaryaccountabilityaswellas discriminations. This brief study is classified into two tasks wherein one task will provide high understanding about different laws i.e. contract law, different blue prints of contract. It also will explain about court system in the context of English legal system. It also defined logical recommendation to all parties about court response to follow. It will explain suggestion in the context of Hilary as to whether binding contracts between other parties and herself and will discuss over different remedies accessible to Amy, Olivia and Eleanor. TASK 1 Contract law and description of all blue prints of a contract Contract law is the part of law that can be governed, formed and interpreted agreement in the form of exchanging goods, services, properties and resources. Agreement refers as a law is made between two or more than two parties or corporations, wherein there is a commitment to do something extempore which will bring mutual benefits or gains, is legally binding. Contract law is the major element of lots of business dealing and contracts between parties which binds them to follow all rule and regulation (Al Junaibi, 2020). This contract law usually governs legality of contract which made between two and more than two corporations or individuals wherein exchange of procedures takes place. there are various companies which works in collaboration in order to gain advanced benefits. So, they take support of legal contracts because these are governed by government and builds trustworthy relationship between two parties. There are some examples of agreement ventures such as employment agreements, bills of
discount, exchange of product or money and purchase orders. A contract is comprised several key steps or components that are known as a blue print- Offers It is the prime component of business contract or agreement. An organization can have an issue from existing offer which can be treated by putting commitment that helps in accepting business deals. In other word, when any business looks for to sign with other business then they should offer something valuable and precious so that highly interested employer or company can be stated their expectation and preferences (Alder and Wilkinson, 2016). Acceptance It is another element of the business contract blue print.According to this element, when someone has decided to accept best offer of others. It is a term that defines procedure of agreeing offer of other party who is highly interested in it. It is a type of proposal that made by business owner which is needed to accept by another owner to form a legal contract between them. There is a great example of given case study that defines acceptance component. Eleanor has disagreed with the contract to pay £15,000 instead of this she said that she will like to pay £13,000. Consideration According to this element, before making any legal business contract, there should be some amount of this element i.e. object, payment and services that means both parties requires to pay something in the contract either product or anything (Dibra, 2016). This element is effectively defined by given case study wherein there is no transaction or exchange of goods or services through which it can be understood that there were no contractual deal takes place between them. Legality of subject matter There is various type of contracts that are generally formulated with legal purpose in the same time statutory regulations which are considered by both parties or employers so that contract can become legal. However, it is considered one of the major elements of the contract blue print. In the given case study, there was no legal contract between Hilary and other parties have been done in the form of payment exchange of goods or services.
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Contractual in intent To make valid agreement between two parties needs to being highly interested in purchasing products or services which offers by other parties. In the case of Hillary, he has intention to sell all gallery paintings but Amy and Eleanor were not interested to buy them. Contractual capacity This element stated that one party should have contractual ability before entering into agreement like Hillary and others. While Amy and Eleanor should have capability to pay specified amount which was developed by Hillary in the given case study. 2. Court system in respect of English legal system and types of court each part needs to follow English legal system is the best for upcoming legal study because it has helped in getting better solutions of the conflicts which arises between two parties. It can be interpreted that there are three types of legal systems in UK i.e. Scotland, Wales and England, and Northern Ireland. House of the Lords and House of the commons are the legal structures of United Kingdom. To become member of the house of common the person requires to be elected at the same period when there are specified people who are terminated from membership based on the status and professions. There have more than 650 member of parliament and each voter must have single vote so that individuals can gain highest number of votes that can be termed to be MP. While house of the lord is neither elected nor representative body (Edwards, 2020). So, prime minister advices to appoint people for the House of the Lord by monarch and it posses’ 800 peers. However, common law system is majorly used in England and Wales because it is accountable for passing different legislations and formulates precedents by applying case laws. At the end these laws are practised in country by passing in parliament which involves Monarch i.e. House of Lords and House of Common. Judiciary is mainly responsible for managing and controlling court system and case laws so, it is properly isolated from parliament of UK. Monarch is a head state and its responsibilities or roles that are described and concise by convention not by president. Types of Court
Senior or Supreme Court is majorly accountable for common law as well as legal system of Wales and England. Civil law For instance, if any person or individual’s sensations that it have been cheated or something civil wrong is going to be conducted in that state, it is free to directly approach court for asking justice. It can be understood that there are more than 250 country court around different locations which rarely deals with claim rather than£25,000 and £50,000 that have due to injury and harm from other individuals. However, high valued cases are handled by high court through single judge for the justice and better decision to the people. The person who claims for civil case is called Claimants While other party is known as defendant. In most of the cases, claimants become successful in winning case in that state dependents have to pay specified amount of money to the claimants for the loss which it has beard (Galukhin and et.al., 2017). From the above discussion and analysis, it can be illustrated that there are various parties i.e. Olivia, Eleanor, Amy and Hilary can directly approach to the country court for resolving their conflict issues associated with contractual agreement (Tzafestas, 2018). In a case if they are agreed or happy with the civil court decisions then they have alternative option to go appeal court (Civil division), after that if they are not agreed with the decision of appeal court then they also have another chance such to approach supreme court which is final decision-makers and resolve disputes. 3. Analysis over binding contract that is between following peoples such as Amy, Eleanor, Olivia and Hillary From the above case study interpreted that Hillary advertised for selling it’s printing press at £15,000 cost so Eleanor said that he wants it in £10,000 but Hillary was not agreed and stated that it would trade last at £13,000. Thus, there were verbal commitment, not any legal agreement between Eleanor and Hillary that it would make bought of printing press at rate £10,000 or £13,000. So, it can be interpreted that there is no binding agreement between Eleanor and Hillary to make payment or have purchased printing press. On the other hand, in case of Amy, Hillary has desire to sell its office computer at minimum amount like £1000 and Amy agreed to buy it at specified amount of money. So,
binding contract developed between Hillary and Amy because they will like to sell and buy computer office at defined rates. But she faxes message and stated that ignore the arrived message before delivering that brings cancellation of agreement which made between two parties. In last case there was no legal agreement or relationship between Olivia and Hillary as she stated that she will sell its valuable painting that made by Trupter at only £1to the first customer at initiation of sales. But when Olivia enters then Hilary have been sold her. therefore, it denotes that there were no binding contracts between Hilary and Olivia because Hilary can easily sell her painting to others who have come first at the stall for buying purpose (Hosseini, 2016). 4. Various remedies available for each party There are numerous remedies exists that can be applied by each party to resolve their presented issues that can be interpreted as follows: Recession of court This remedy stated that in a case if individuals are not enabled to accomplish obligation then others have chance to disregard its performance. As same case with three above discussed case of the clients that are Eleanor, Amy who have not followed obligation to pay defined amount to Hillary so, she also cannot sell her printing press to them. It is similar case for the Olivia as well such as if Hilary has sold her painting to other person then Olivia does not have to pay £1 as well. Sue for damage If there is no break of contract between Olivia, Hilary and Eleanor then there is no need of remedies because Hilary has contract with Amy so it has to pay some amount. Amy have to pay high cost to Hilary if it already had made any kind of expense to make delivery of product or services to the final user. Expenses or damaged creates conflicts issues between two parties that can be resolved by making payments to recover the expense or damage (Huxley-Binns, Martin and Frost, 2017).
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TASK 2 Overview on Enron Case study The Enron Corporation is well-known global corporate scandal whereas reporting of financial situation has been demonstrated by planned accounting fraud and violated ethical corporategovernancewithincompanypresentingwrongbusinessethics.Showingwrong accounts and financial functional records are the major factor in the accounting functional performance avenue. The case stated that Enron business engaged in market accounting due to this it received exchange commission approval in 1992 and official US securities which assists businesses to value their financial accounting situations which are based on how growth of numerous measures can take place (Knapp, Crystal and Prince, 2019). Enron have used wrong methods of accounting to maximize profits, misleads various shareholders and investors within company in the competitive market. This scandal is widely reported that raised question over different accounting practices which already have been violated and also on strong corporate governance within business in market for long period (Enron Case study,2016). Ethical corporate functional ethics are extremely essential defines as goodwill enhancement standards and supports to develop effective goals continuously for enhancing scope of profitability. To practice business ethics in day to day operations has been created one of most important growth factors which makes company to have better functioning in the business market with wide flexibility synergy of innovation and makes workplace transparent that encourages stakeholders to give high performance in the business as resulted achieves positive synergy. The main objective of corporate governance is to improve values and protects all stakeholder’s goodwill by enhancing level of performance scenario and for accomplishing larger goals and objectives functionally projected accordingly diverse functional paradigms. Enron scandal portrayed attention to corporate fraud and accounting as its shareholders have lost estimated74$ billion in past 4 years that led up to bankruptcy and individuals have lost billions in their pension benefits whereas organization was indulged in illegal business practices and found fraud because there were using unethical parameters. However, Scandal is well-known example of wilful corporate fraud and corruption whereas it highlighted under question of varied accounting practices as well as activities which were adopted within supervision of lots of corporations in United State and was factor in enactment of Sarbanes-Oxley act of 2002. In
further examination of report found out that Enron dishonoured rules while functioning different operations of business (McGowan and Buttrick, 2017). Bankruptcy examiners report highlighted various avenues for the criminal investigators who are seeking for leading case that organization is demonstrating official partnership books. It already has been deceiving various shareholders and stakeholders to work on different paradigms for achieving stronger working practice. However, lower level employees were influenced to invest in company’s stock for their retirements savings just before it, organization collapsed such as it won $85 million statement through workers functioning but it has reduced level of services. Governance of ethics can be managed within four parameters such as purpose, people, performance and process which supports to create new goal avenues of ethical demonstration of different business services. Corporate governance techniques i.e. reassurance of stockholder engagement which displays functional paradigms and brings higher collaboration of ethics functioning by permitting fairness of all information between stakeholders (Menezes, 2016). Sarbanes Oxley act of 2002 is called as Public company accounting reform whereas investors protection fundamentals and corporate responsibility for developing tools with fair goals and corporate accounting auditing for achieving stronger functional activeness. The main objective of the act was to fix auditing parameters and fix auditing of US public organizations which involves in the performance measure avenues and regulate business firm’s corporate governance (Mik, 2017). However, Sarbanes Oxley act is widely known as highly informative technique and new security control and uploads different financial issues for high performance objectives and goals. Public companies must be consisted within its performance standards as well as regulates accounting firms that audit organizations must follow range of legal formalities to stand organization functional competitive performance metrics. So, Oxley Act is considered one of the most innovative technique that practised to analyse compliance with the act IT and security controls and uploading different financial issues for stronger performance metrics with stronger avenues. SOX Act concentrated on major ethics of corporate so it has developed auditor as watchdog, within public organizations wherein it will focus on inspection, investigational objectives and goals and analyse transparency of goals with corporate governance goals. It prohibits public companies or accounting companies to do unethical business practices for private gain. SOX act protects employees in the company which reports fraud information and
analyse court fundamentals against companies as well as allows employers to change rules and regulation under which business operates for the stakeholders and shareholders (Moon, 2017). Company’s employees are allowed to report against all functional parameters related to safety and health administration factors in that state, SOX act takes effective actions against employers if any employee filed about safety measures.However, financial condition plays significant role under high integration forces of best quality metrics whereas Enron fraud scandal has highly dishonoured this act such as company’s financial report shown quite fair, systematic and incredible planned accounting fraud to mislead potential investors and business in the competitive market and for working on larger aims effectively (Partington, 2019). However, daily meeting organizations and transparency paradigms shall be practised within organization goals, operations for functional stability which further improves new relative paradigms as well as strengthening new developed goals. SOX act has been become one of the most important act in UK’s business law which communicates diverse workforce actions under law. Apart from this, there have some technical fundamental goals and objectives relatively develop onto wide arena so that productively can strong working goals as well as workplace for development of goodwill (Rabinovich-Einy and Katsh, 2017). Corporate governance plays effective role in business to stand over commitment and trustworthy business platform with internal and external stakeholders for achieving new benefits and stay long in the business market. Enron company were misleading information of different financial information of the report and for attracting potential shareholders and investors have been practised wrong business practices such as larger business profits and effectively achievement of governance ethics which proposed on larger objectives. Business law unable to bring high growth in the business functioning at minimum time but it develops good brand image in the business market through which company can generate high revenue and profit benefits in its business (Scheuch and Fink, 2017). With the Enron Case study, It can be understood that business ethics are highly essential for the business success because it directs us to keep on right direction while operating business in the business market. Company must communicate fair goals, vision and financial fundamental information under the SOX act then it enables to improve market goodwill as well as standards of working paradigms. This case has been become one of the most important paradigms and high-profile business law violation case whereas goals and Enron company have been violated
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working efficiency of goals and also created new competitive scope among different functional prospects (Enron Scandal: The Fall of a Wall Street Darling,2020). CONCLUSION From the above discussed essay, it has been summarized that for legal contractual relationship there must be developed agreement between two parties for purchasing and making payment of products at specified price. It can be illustrated from the above analysis that all such remedies i.e. sue for damage, recession of court etc. can be practised for avoiding conflict and complication between specified parties. So, wide range of laws have formulated by government to protect interest of business man and consumers who are involved in purchasing and selling of products and services. This report has been summarized Enron company case study.
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Tzafestas, S.G., 2018. Ethics and law in the internet of things world.Smart cities.1(1). pp.98- 120. Online EnronCasestudy.2016.[Online].AvailableThrough:-<https://www.applied-corporate- governance.com/case-study/enron-case-study/> Enron Scandal: The Fall of a Wall Street Darling.2020.[Online]. Available Through: - <https://www.investopedia.com/updates/enron-scandal-summary/>