Business Law and Ethics

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

Business Law and Ethics

Table of Contents
INTRODUCTION...........................................................................................................................3
MAIN BODY...................................................................................................................................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?.........................................................................................................4
What advice do you have for Samantha?....................................................................................5
CONCLUSION ...............................................................................................................................5
REFRENCES...................................................................................................................................6

INTRODUCTION
Business laws are the laws that have been formed in order to make sure that an business
organization forms within legal framework provided by lawmakers of an country. Ethical laws
are those codes of conduct which makes sure that discipline and order is maintained in business
environment of an organization. Ethical laws helps in forming rules and regulations required to
be make work culture safer for employees to work within it. Both the laws hold wider scope in a
way that they affect business organizations performance and makes business environment to be
impacted. In this report breach of contract is there in context of case scenario and questions
regarding it are to be answered. Also in this various kinds of remedies is to be discussed
regarding breach of contract. Also relevant information regarding situation is to be explained.
MAIN BODY
TASK
PART1(Breach of Contractual Relationships and Remedies)
Questions to be answered in relation to case study are as follows:
Advise Raymond on possible remedies available to him.
Contract laws are the laws under which two parties come together through an agreement
in relation to smooth transactions of money. There are certain elements that have to be present in
a contract to make it valid in the eyes of law. Such elements are offer, acceptance, consideration
and legality all elements require to be present. A contract is formed on the basis of agreement
that has taken place between parties. Contract can be both oral or written, oral contract takes
place with the help of mutual understanding whereas written contract takes place by making an
written agreement between parties willing to come into contract In contract laws there is a
wrong done most commonly in the form of breach. There are certain remedies that are given
under contract laws and they are as follows:
Damages: This is one of the most common forms of remedy that is available in contract.
As per this remedy is been provided in form of rewards and money only when breach is
commented under a contract. (Harper, 2019). This kind of remedy is only available when there is
any kind of monetary issues that has been taken place. Such remedy provides for compensation
when it is related to money or financial terms.

Repudiation: Such remedy is given over breach that has taken place in certain conditions
then only this remedy is issued. As per this condition of at the time of breach is done has been
analysed then only the compensation is been given by the court.
Specific performance: In this remedy is made available upon the directions that are
given by judges. As per these obligations is required to be made over performance in an contract.
As per this the judge decides about what has to be done and when. As per this the directions
upon the court is been issued through taking all facts into consideration. This is given in very
rare cases under which breach cannot be identified through agreement or another condition takes
place before the contract which impacts contract’s current situation.
It can be observed from the above case scenario that £200 is been paid as full debt
settlement and is been accepted by Raymond. So, no remedy can work in this situation as offer
of £200 is been accepted by Raymond. If Raymond would not have accepted the cheque then he
could file case for breach of contract and gain compensation through damages.
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?
As per the condition the contract existed would have become null void as money paid is
accepted that is less than the money decided to be given. Relevant case law regarding this
situation is Addis v Gramophone,1909 in this claimant was employed as manager by defendant.
As per this breach of contract is been done over services and was replaced with new manager. As
per this claimant has brought an action over breach of contract that makes claiming of the
damages which reflects upon circumstances within which damages and suitable employment.
In this case court held that limited wages an loss of commission during contractual agreement is
agreed over notice period. So, law of tort would be use to prove it (Fernandes and et. al., 2019).
The case applied in the situation is going to result into making the case deal according to torts as
this makes new situation to arise. If £200 has been paid three weeks then the contract would have
become neutral.
What would be the legal position if Raymond had requested a £400 payment from Samantha as
full and final settlement?
In this condition Head of damages is been used meaning that amount can be claimed
upon different losses reflected. This means that an person willing to make claim after sometime
can do so only when the reason to claim is valid in nature. Relevant case law regarding the

scenario is Anglia Television v Reed,1972 Court held that damages seeking to be put upon
parties in position is having contract that is to be performed through parties elected by making
claim over recovery of money. So, in this case Anglia has recovered expenses from defendant.
So, the legal position of Raymond if he would have asked for £400 payment is that he would
have got compensation. As the debts that has to be paid would be due this would made Samantha
liable for paying compensation with due debt.
What advice do you have for Samantha?
Advice useful for Samantha is that she should form an counter offer which makes the
existing contract of £800 to be void. Counter offer means those offer that is presented by an
contractor which makes existing contract to be neutral. My advice to Samantha is that to make
payment of £200 more valid an counter offer should be created by her. Relevant case law
regarding this is Hyde v Wrench, 1840 facts of the case is that defendant has offered to sell a
farm to make claim of £1,000. In this claimant has replied with offer of £950 that was refused by
defendant. After this claimant has made acceptance upon original offer of £1,000. Now
defendant refused to sell the farm to claimant which resulted into claimant bringing action over
specific performance. So, the court held that counter offer has been made which destroy original
offer that is been accepted by parties. This obligation to be used in proving payment of £200
more valid in the eye of law (Barraquier and et. al., 2017).
CONCLUSION
In the above report it can be concluded that business laws and ethics work together for
making organization gain more legality in achieving goals and objectives set by it. This report
talks about breach of contract which is that kind of crime in which a person omits a particular
rule that is been formed within parties but due to certain reason it has been violated. Further in
this report various situation has been covered regarding the case scenario. Also relevant cases is
been explained in relation to case scenario. As per the report various remedies is been explained
over breach of contract that is been committed by parties. In the end Samantha has been given
advice in the form of counter claims.

REFRENCES
Books and journals
Barraquier, A and et. al., 2017, July. Innovations in Teaching Business Ethics and Business &
Society. In Proceedings of the International Association for Business and Society (Vol.
28, pp. 105-117).
Bernacchio, C., 2019. Pope Francis on conscience, gradualness, and discernment: Adapting
Amoris Laetitia for business ethics. Business Ethics Quarterly. 29(4). pp.437-460.
Fernandes, L.B and et. al., 2019. Implementation of a multi-disciplinary ethics unit. International
Journal of Ethics Education. 4(2). pp.109-123.
Harper, P.T., 2019. The symbolic imagination: Plato and contemporary business ethics. Journal
of Business Ethics. pp.1-17.
Surdam, D.G., 2020. Medieval Business Ethics. In Business Ethics from Antiquity to the 19th
Century (pp. 181-203). Palgrave Macmillan, Cham.
Suresh, A. and Rakesh, R., 2019. Relationship between Consumerism and Business Ethics in
India. Journal of Marketing & Management. 10(2).
Tormo‐Carbó, G and et. al., 2019. “Don't try to teach me, I got nothing to learn”: Management
students' perceptions of business ethics teaching. Business Ethics: A European
Review. 28(4). pp.506-528.