Business Law and Ethics

This essay discusses the role of executive, judiciary and legislative in business law and ethics. It explores the remedy of specific performance and limitation imposed by court with case law. It also explains the difference between a general partnership and a company with references to separate legal entity and limited liability. Additionally, it discusses how an employee can be dismissed at law from an ethical perspective.

BUSINESS LAW AND
ETHICS

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

INTRODUCTION
Business law is that kind of law that is formed in order to helps an organization towards
its establishment according to guidelines prescribed under laws of such nature. These laws are
those rules and regulations which helps in achieving of goals set-up by an organization in
appropriate manner. These are also known as commercial or corporate laws. Nature of this law is
very dynamic and covers most aspects of business. Ethics is that code which has to be followed
in a profession by the professionals in order to set-up example for its employees. In law these
ethics are of very wider because they help in creating an environment under which a particular
task is accomplished through discipline and order. These ethics are of dynamic nature as the
form base for sustaining both employer and employee in an organization. In this essay thing that
has to be discussed are three organs of an government executive, legislative and judiciary.
Further specific performance has to explained with limitation imposed. In the end employee
dismissal has to be discussed from perspective of ethics.
TASK
Scenario: Samuel has graduated from University of Suffolk and has applied to do internship
under an commercial firm of law in London. Name of firm is Law LLP. Also he has got
information for interview going to be conducted for him. He need to create an impact over
members of various department for getting a contract of training in the firm. This has been
informed to him by Rosemary an Human Resource Manger in the firm. Also Samuel has been
informed by her than an employee creating an positive impact and is working hard in any of the
four department public, commercial, employment and pensioner. Then he can get permanent job
over here.
LO 1
Role of executive, judiciary and legislative
As government have three types of main departments to work towards welfare of a
country and also helps in formation of laws. All the three organs are interrelated to each other
and while forming a law major role is to be played by them in forming of amendments to be
enacted as laws. These three organizations are judiciary, executive and legislative out of them
power of forming laws in concrete manner. All the organs have to work together deal with issues
in a manner by giving punishment to those responsible for breaking it. Law has a very dynamic
nature. Role of these element are explained below:
Executive role: Executive consists of Queen, Prime Minister and other cabinet minister.
Role of these is related to forming of policies and rule which later become laws to be

implemented all over the country of UK. Applying of legal provision and implementing them is
covered under it only
Legislative role: Under this department two houses come and they are House of Lords
and House of Commons. A bill that is a document prepared by executive for forming it as a new
law in a country. This bill has to be discussed thoroughly and all aspects should be explained,
discussed properly. Law required to be formed has to be presented in the form of bill in Uk’s
parliament. Then discussion over it is performed and then only it becomes law.
Judiciary role: Under this judiciary has been given power to analyze a particular
situation and then forming law over a case related to it. Judiciary can also form laws out of
certain landmark case in which justice has not been provided in appropriate manner. This has
resulted in marking decisions in those cases which has been proved to be turning point in history
of law and has helped in dealing with the issues of similar nature.
Discuss the remedy of specific performance and limitation imposed by court with case law
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. As contracts are always made to be performed by the parties and specific
performance can be granted under special circumstances. Under this there are certain aconditions
that is “Where damages are an inadequate remedy” in this the claimant could be compensated
adequately be compensated by any reward of damages and for breach of contract. Courts are
unlikely to pass order of specific performance. “Type of contract and equity” in which specific
performance is most commonly ordered for contract related to sales of land. Courts are not likely
to order specific performance in contract in personal services. Equity means clean hands And
hardship. Relevant case law related to Specific condition in contract is Nutbrown v Thornton in
this case the claimant has entered into a contract for purchasing some machinery through
defendant. Breach of contract was done on part of defendant and machinery delivery was
refused. An action of breach of contract is done for seeking specific performance of contract. It
was held by court that specific performance was granted and award of damages would be
ordinarily be given for non-delivery of goods, damages would be inadequate in the form of
compensate that has to be given to claimant (Brennan. and Magness, 2018). As, he would not be
able to buy machines elsewhere.
LO 2
Difference between a general partnership and a company with references to seprate legal entity
and limited liability
A general partnership firm is that kind of firm that is formed by two or more than two
persons. A partnership firm comes under unincorporated organizations. Such organizations are
very easy to form and has less documentation work is there for it formation. Also registration is
not compulsory for such organizations. Major advantage of such organization is that it has

limited liability which means that all liabilities occurred is divided among partnership. Also
profit and loss is taken care by partner only. Then comes a company which comes under
incorporated organizations and involves lot of documentation which makes its formation
complex in nature. Such companies are run by its directors and all work is performed by
them.That is why it can be sued separately. (Dorff. and Gary, 2016).
How an employee can be dismissed at law from an ethical perspective
As ethics are those important element that is very important for an organization to run in
successful manner because of these ethics help in generating of discipline and order in an
organization and if are not followed properly then can lead to problem in achieving of goals and
objectives set-up by an business organization. An employee can be terminated by launching an
complain against him and then observing his behaviour, collecting proof. Claim that can be made
for this the case has to be filed with the HR. Termination of employee can only be done when
any trouble is being done from him or her in terms of behaviour. This has to be prove with valid
evidence.
CONCLUSION
From the above essay it can be concluded that ethics are very important part of an organization
because it helps in building discipline and order in an organization. Concept of business law is
also told which means that kind of rules that helps in setting up of an organization. Then further
case law has been explained for justifying specific condition when an contract is breached. It is a
remedy under contarct. Then partnership in organization which has more than two persons as
owner and company is that kind of organization run by its directors. If ethics are not followed by
employee then they can be fired from the company by following process mentioned in the
answer. Also role of executive, legislative and judiciary is explained in relation to law formation.

REFRENCES
Books and journals
Barber, C., 2016. Healthcare law and ethics, 7: quality and quantity of life. British Journal of
Healthcare Assistants. 10(9). pp.442-445.
Bird, R. C. and Park, S. K., 2016. The Domains of Corporate Counsel in an Era of Compliance.
Am. Bus. LJ. 53. p.203.
Boatright, J. R., 2017. Ethics and corporate governance: Justifying the role of shareholder. The
Blackwell guide to business ethics, pp.38-60.
Brennan, J. and Magness, P., 2018. Estimating the cost of justice for adjuncts: A case study in
university business ethics. Journal of Business Ethics. 148(1). pp.155-168.
Dorff, E. N. and Gary, M., 2016. Donations from Ill-Gotten Gain in Jewish Law and Ethics and
in American Law. Journal of Jewish Ethics. 2(1). pp.1-40.
Ferrell, O. C., 2016. A framework for understanding organizational ethics. In Business ethics:
New challenges for business schools and corporate leaders (pp. 15-29). Routledge
Green, M.C., 2019. PATHS AND PEDAGOGIES IN LAW AND ETHICS: ON CATHLEEN
KAVENY, ETHICS AT THE EDGES OF LAW: CHRISTIAN MORALISTS AND
AMERICAN LEGAL THOUGHT-Ethics at the Edges of Law: Christian Moralists and
American Legal Thought. By Cathleen Kaveny. New York: Oxford University Press, 2018. Pp.
328. $34.95 (paper). ISBN: 9780190612290. Journal of Law and Religion. 34(3). pp.433-448.
Klikauer, T., 2017. Business ethics as ideology?. Critique. 45(1
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