Business Law and Ethics

This document discusses business law and ethics, focusing on breach of contract and remedies. It provides advice for Samantha in different scenarios.

Business Law and Ethics

Table of Contents
INTRODUCTION...........................................................................................................................3
TASK...............................................................................................................................................3
PART1(Breach of Contractual Relationships and Remedies).........................................................3
Advise Raymond on possible remedies available to him............................................................3
Would your answer be any different if Samantha had paid Raymond the £200 three weeks
earlier than the debt was actually due, and Raymond had agreed to this?..................................4
What would be the legal position if Raymond had requested a £400 payment from Samantha
as full and final settlement?.........................................................................................................5
What advice do you have for Samantha?....................................................................................5
CONCLUSION ...............................................................................................................................6
REFERENCES ...............................................................................................................................7

INTRODUCTION
Business laws are the laws that is used for establishing of an business organization
according to the laws that has been specified by an country. Such laws makes formation of a
concrete framework which helps an organization to achieve its goals and objectives in
appropriate manner. These laws are important from view point of providing laws by embedding
proper legal process within it. Business laws has very important role to play within an
organization and its various process. Ethics is considered to be those rules and regulation that has
made establishment of discipline and order within an organization. These rules provide basic
structure to enhance working environment of an organization. Scope of these laws is very
broader as they cover various aspects related to an business organization. Nature is vibrant as it
deals over those important elements of an organization that strengthen efficiency of employees in
an organization. In this essay contract law is dealt with. Then breach of contract and remedies
related to its is covered. Then case scenario various questions is given that has to be answered.
TASK
PART1(Breach of Contractual Relationships and Remedies)
Case Scenario: Raymond work part-time in a firm as accountant within taxation
department and runs also runs small consultancy business. He is the sole owner of its business
and has specialization in personal taxation advice. Raymond entered in an contract with
Samantha she is an struggling artists. The an draft has been prepared within last three years for
sum of £800. Raymond completed work and Samantha told that she could only pay £200 as full
settlement of debt. As Samantha's paintings began to sold at higher price and Raymond read this
in news paper that last work has been sold for £20,000. Now he wishes to claim the remaining
balance of £600 from Samantha (Jabbar and et. al., 2018).
Following questions required to be answered regarding above scenario:
Advise Raymond on possible remedies available to him.
Contract laws are the law that makes an agreement to be formed between two parties or
individual for making sure that all transactions is done in smooth manner. Such laws helps
making an concrete contract possible between parties willing to come into contract. In these laws
agreement has been formed between parties that results into contract. As per these laws most
common form of wrong which is committed by parties is breach of contract. This means when an

party has violated any of the condition existing within contract. Such wrongs is mainly based
upon nature of contract. There are various kinds of remedies that has been given in order to deal
with these breach and they are as follows:
Damages: This is one of the most commonly used remedy and is been given when
breach has been done in relation to money and proof is given in context of breach done.
According to the remedy reward is provided in relation to money in the form of compensation.
That main purpose of this is to give remedy upon the injury that has been caused through breach
of contract.
Repudiation: In this remedy breach is checked and its condition is analysed under
certain condition within a contract. That has resulted in bringing end to an contract.
Rescission equitable: These remedies is been given to judges over direction which has
been stated by them when an judgement is given by a judge. Recession is to make sure that place
within parties to makes pre-contractual position that has to be presented when contract is
revelled. Recession is made available as it helps in gaining result through vitiating of factors.
Specific performance: Such remedy is based on equitable remedy that has been made
available through direction over judging. In this order has been made by court and is required by
one party to perform all kinds of obligation in relation to contract that has not been performed
within it. According to this various kinds of contract has to be performed by parties upon the
obligation existing in a contract (Harper, 2019).
According to the above case scenario it can be observed that £200 has been paid in
making full settlement in the for cheque that has been accepted by Raymond as full and final
settlement. So, it can be observed that no remedy is applicable in the given case scenario as
Raymond has already accepted the cheque. If payment of £200 would not have been made then
breach of contract would have accrued and any kind of remedy would have used to get claim
against the breach made.
Would your answer be any different if Samantha had paid Raymond the £200 three weeks earlier
than the debt was actually due, and Raymond had agreed to this?
According to the situation if Samantha would have paid Raymond £200 three weeks
earlier over the debt that is actually due and if Raymond would have agreed upon it. Then such
condition situation would have become null void as money paid is accepted by breach of
contract. Remedy is in the form of damage cannot be applied and this would have been dealt

with law of tort. Relevant case law as per the scenario is Addis v Gramophone in this case
claimant was employed by manager over defendant. In this breach of contract have taken place
upon dispense of services and has been replaced by new manager. Then claimant has brought
action against breach of contract as per which claim is brought over level of damages is been
reflected with circumstances. This is dismissed upon damages and reputation over ability to find
suitable employment. Court held that contract laws has been seeking over parties in relation to
the hand of contract to be performed. Further court held that limited wages and loss of
commission in contractual agreement over notice period. In this no right over exemplary
damages over reputation in contract claim. The action is taken upon reputation within counter
claims and is deal under law of tort.
What would be the legal position if Raymond had requested a £400 payment from Samantha as
full and final settlement?
As per the condition Head of damages has to be applied that makes an amount which has
to be claimed upon making reflection of various losses. As per this loss of bargain, reliance loss,
discomfort or disappointment, inconvenience is covered in relation to future perspective.
Under this Reliance loss is to be applied in this situation that says that where there is difficulty
over position the claimant would have been made possible for recovery of expenses which
incurred in relation to contract (Fox, Cohen and Adashi, 2019). Regarding this relevant case law
is related to Anglia Television v Reed facts of the case states that claimant Anglia Television
has made Oliver Reed to play lead role within television play. Later on she was pulled out by
Reed and abandoned upon play that has to be incurred over expenses amounting £2,750. In this
case court held that damages generally seeks upon putting position that would be having contract
which has to be performed by parties elected for making claim reliance by recovering of
expenses in transaction. This is the reason Anglia was able to recover expenses form the
defendant by using reliance loss.
What advice do you have for Samantha?
The advice that is useful for Samantha as per the scenario is that she is required to form
new contract which makes earlier contract to be null void and making payment of £200 to be
valid in the eyes of law. Such situation is to be achieved within counter contract according to
offer by making different terms to be existed in contract. This is going to make impact for
destroying original offer which no longer has to be accepted. Relevant case law that is related to

the scenario is Hyde v Wrench as per the case offer has been made for selling of farm over
claim for £1,000. In this claimant offered £950 that was made to defendant but refused by him.
As per this claimant brought action of specific performance. So, court held that contract has been
made upon counter offer which made original contract to be null void and no longer offree
accepted the offer (Brinkmann and Kochupillai, 2020).
This advice is helpful for Samantha in making original contract to be null void and new
contract of £200 to attain more validity which makes it new contract.
CONCLUSION
From the above discussion it can be marked out that business law and ethics are one of
the most important laws that is to be used by an organization to make its objectives and goals to
be achieved. Also in this essay breach of contract is been discussed and various remedies like
damages, specific performance and repudiation has been explained. Further in this essay various
situation has been given and relevant case laws is been explained in relation to the case. In the
end of the essay Samantha has been given advice for making counter contract that results into
formation of new contract while existing of a contract.

REFERENCES
Books and journals
Brinkmann, J. and Kochupillai, M., 2020. Law, Business, and Legitimacy. Handbook of Business
Legitimacy: Responsibility, Ethics and Society. pp.489-507.
Fox, D., Cohen, I.G. and Adashi, E.Y., 2019. The Law and Ethics of Fetal Burial Requirements
for Reproductive Health Care. Jama. 322(14). pp.1347-1348.
Harper, P.T., 2019. The symbolic imagination: Plato and contemporary business ethics. Journal
of Business Ethics. pp.1-17.
Jabbar, S.F.A and et. al., 2018. Business Ethics: Theory and Practice in an Islamic Context.
In Regulations and Applications of Ethics in Business Practice (pp. 257-271). Springer,
Singapore.
Kochupillai, M. and Brinkmann, J., 2019. Law, Business and Legitimacy. 2020), Handbook of
Business Legitimacy: Responsibility, Ethics and Society, Springer-Nature, Forthcoming.
Suresh, A. and Rakesh, R., 2019. Relationship between Consumerism and Business Ethics in
India. Journal of Marketing & Management. 10(2).
Tinker, T., Sy, A. and Saxe, E., 2016. Professionalism and professionalisation ethics in business
and industry. International Journal of Critical Accounting. 8(1). pp.19-29.