Business Law and Ethics

This document discusses the roles of government organs, specific performance in contracts, differences between general partnership and company, and employee dismissal from an ethical perspective in business law and ethics. It provides an overview of the topics and their relevance in the field of business. The document also mentions relevant case laws and legislation. Explore comprehensive study material and solved assignments on Desklib.

BUSINESS LAW AND
ETHICS

INTRODUCTION...........................................................................................................................4
MAIN BODY..................................................................................................................................4
1. Discuss the roles of each the three main organs of government:............................................4
Discuss the remedy of specific performance and the limitations imposed by the courts on this
form of relief, with reference to relevant case law and legislation with respect to Contracts.....5
Discuss the differences between a general partnership and a company with reference, in
particular, to separate legal personality and limited liability.......................................................6
Discuss how an employee can be dismissed at law from an ethical perspective.........................6
CONCLUSION................................................................................................................................7
REFRENCES...................................................................................................................................8

INTRODUCTION
Business law and ethics is one of the most important part which exist within an countries
legal system in order to make sure that or corporate system works with proper guidance as per
the law. In Business Law formation and incorporation of an organization is been covered with all
other formalities required in order to form an business organization. Business law has two major
types of organization which is been covered within it that is private and public organization.
Ethics are those set of rules and regulations which helps in maintaining of discipline and order
within Society for an organization. Scope of both the laws is wider in nature since they have
tendency impact working of an business organization. Nature of these laws is dynamic as they
can impact the basic structure and business environment of an organization. Further in this part
of the file role of organs of government, specific performance and limitations imposed on it.
Hindi and general partnership dismissal of employee is covered.
MAIN BODY
Case Scenario: In this scenario it can be observed that Samuel has been graduated from
University of Suffolk and has applied for two week internship with in London. As a part of
interview process required answering certain questions which has been asked to read in the
scenario and they are as follows:
1. Discuss the roles of each the three main organs of government:
 The Executive: They have very important role to play within law formation process. They
help in executing of the law or the legislation which has been passed the comment of a
country. Also executive has duty to take care of Administrative work existing within an
country and make sure that fairness is achieved within the execution of laws. Executive
contains Queen, Prime Minister and other cabinet ministers who are responsible for
making execution of a particular lawlessness in possible within an country in proper
manner. Also executive hold responsibility of punishing the criminals over the crime that
is being that is been committed by them
 The Judiciary: This is the third most important organ of the government which helps in
running of a country in more effective and smooth manner. Under judicial system of a

country action is been provided on the basis of territory and monetary weight old y case.
In Judiciary system various quote exist which has been given jurisdiction as per the case
for the territory. In England the hierarchy of court follows supreme Court is the highest
court which appeals have all cases both Civil and criminal nature. Then come High Court
which is divided into three parts queen's division which handles criminal cases, chancery
division which handles civil cases add family court that handle family related problems
aur marriage related issues. Then comes small quotes which are known as Court of first
instance since they look into a particular case for the very first time. Responsible for
protecting constitutional framework and fundamental rights of an individual (Kusuma
and et. al.2020).
 The Legislature: They have a very important role to play within the law of formation
process that exist within an country. They help information of legislation to be applied all
over the country. Also it is their responsibility to see that while forming this legislation
no fundamental right order constitutional Framework is being harmed. Legislative
follows a proper process which is known as three stages process. in this process bill is
been presented by the government which goes over a discussion within both the houses
that is House Of Lords and house of commons. Then they are been sent for Royal assist
which is been provided search within UK. Without this Royal assist no bill can become
law within UK.
Organs of the government fall under separation of power which is and doctrine. As per
this doctrine no organ is allowed to interfere with the matter of other. This can be justified with
the help of such statement like legislative has been given power to form the law. Executive have
been given power to execute the laws in proper manner. When Judiciary is been given power to
protect constitutional framework and fundamental right
Discuss the remedy of specific performance and the limitations imposed by the courts on
this form of relief, with reference to relevant case law and legislation with respect to
Contracts.
Wrong that is been committed within contract law is breach of contract. In breach of
contract obligation is been violated by the party which the contract has been formed. In order to
search breach various remedies is been provided. These remedies are damages, injunction,
repudiation, rescission and specific performance in which equitable remedies available at the

discretion of the judge. This and order by the court requiring one property over performing their
contacts in application is been observed for stop well versed it is often said that contract are
made to be performed and parties should be held to their contractual obligations full stop the
coats are often reluctant party over unveiling performance of the contract and specific
performance is only available only when there is unique circumstances. In order to grant specific
performance the court is required to look whether the damages is adequate remedy and the type
of the contract with equity requires under it. Specific performance three things exist where
damages are inadequate remedy, type of contract and equity. Relevant case law related to
specific performance is Cohen v Roche claimant owned little shop and entered an agreement
over purchasing happily white chairs to be sold within its shop per stop breach of contract
occurred when the delivery of the chairs were refused to be done and claimants you dependent
for breach of contract under specific performance for the delivery of chairs. So in this case
specific performance was refused on that adequate compensate in buy an award of damages can
be done. Chairs were considered ordinary articles of Commerce and no special value of interest
was included in it so the court held that humans cannot be applied under it. Another case laws is
Nutbrown v Thornton in this case court held that specific performance of the contract can be
granted out of damages which is ordinary been given for non delivery of goods, damages would
be inadequate to compensate over the claimant weed in this case. So this makes him by the
machine from elsewhere machine occurs over special interest (Nunes and Park, 2021).
Discuss the differences between a general partnership and a company with reference, in
particular, to separate legal personality and limited liability.
General partnership in general partnership two parties come together common motive of
earning profit informs firm. Under such kind of partnership no liability is there of partners.
In this kind of partnership liability is not as per the investment made by the partner but the whole
responsibility of business on partner. Unlimited liability responsibility of partner is as per the
investment done by them. Legal personality means when an organization is considered separate
from its owner. Such kind of personality exist only within an private organization.
Discuss how an employee can be dismissed at law from an ethical perspective.
Employment laws are those laws which helps in protecting rights and liabilities news of
employees working with an organization. An employee can be dismissed only van ethical code
of conduct has been violated which is been done with the help of fraud, theft and wrong conduct

done by the employee. In order to dismiss an employee complaint is required to be launched
weather in the tribunal and evidence is required to be presented relation to ethics that has been
violated by the employee(Odongo and Wang, 2018).
CONCLUSION
From the above discussion it can be concluded that business law and ethics are one of the
most important part of business organization which helps in improving business environment
with its various processes. Further in this file role of government organs has been discussed bat
is best over legislative, exactly and judiciary. Role of these organs in defined on the basis of
doctrine of separation of power it is used in order to justify the organizations role in separate
way. Profile explains about various kinds of remedies which is given within the contract from
these remedies specific performance is been discussed within the question. In the end employees
dismissal is been discussed as per the employment laws.

REFRENCES
Books and Journals
Ermasova, N., 2021. Cross-cultural issues in business ethics: A review and research agenda.
International Journal of Cross Cultural Management, 21(1), pp.95-121.
Field, R.I and et. al., 2020. Genetic Databases and the Future of Medicine: Can Law and Ethics
Keep up? Perspectives and Analysis of a Conference. Drexel L. Rev., 13, p.321.
Gurayah, J.R., 2021. Entrepreneurial Business Ethics and Good Governance. In Reshaping
Entrepreneurship Education With Strategy and Innovation (pp. 127-147). IGI Global.
Hermawan, S and et. al., 2021. Determining Audit Quality in the Accounting Profession with
Audit Ethics as a Moderating Variable. Indonesian Journal of Sustainability Accounting
and Management, 5(1).
Jansen, B., 2021. New materialism in business ethics: the juridical form as a disciplinary
apparatus. International Journal of Management Concepts and Philosophy, 14(1), pp.64-
80.
Poff, D.C., 2020. Business Ethics Research and Research Ethics in Business Research.
Handbook of Research Ethics and Scientific Integrity, pp.999-1011.
Snezhko, S. and Coskun, A., 2019. Liability or Ethics?: The Real Value of Compliance. In The
Circular Economy and Its Implications on Sustainability and the Green Supply Chain
(pp. 198-212). IGI Global.