Introduction to Business Law - Assessment 001

This article covers various topics related to Business Law, including the English Legal System, Tort, Law, and more. It also includes a section on possible claims in nuisance and enforceable contracts. The article is aimed at students studying Business Law and related courses.

Introduction to Business Law
- Assesment 001
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Table of contents
MAIN BODY..................................................................................................................................3
Section A.........................................................................................................................................3
Section B..........................................................................................................................................4
Section C..........................................................................................................................................7
Question 1....................................................................................................................................7
Question 2....................................................................................................................................7
Question 3....................................................................................................................................7
REFERENCES................................................................................................................................9
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MAIN BODY
Section A
1. The English Legal System refers to the law in which of the following countries?
a. England only
b. England and Wales
c. England, Scotland, and Wales
d. England, Scotland, Wales, and Northern Ireland
2. Which of the following is NOT a source of English law?
a. Statute
b. Caselaw
c. Orders in Council
d. Orders of the European Commission
3. Which of the following correctly describes the elements for a legally enforceable contract?
a. Offer and acceptance
b. Offer, acceptance, and consideration
c. Offer, acceptance, consideration, and intention to form legal relations
d. Offer, acceptance, and intention to form legal relations
4. What is the minimum age permitted for a person to be appointed as a director?
a. 16
b. 18
c. 21
d. No minimum age
5. How many persons are needed to form a UK company?
a. Two
b. One
c. Three
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d. Four
Section B
1. The principal characteristics of legal system o England and Wales are being described as –
 The England and Wales follows the Common Law System which helps in combining the
passing of legislation which consist of the Monarch, House of Commons and House of
Lords.
There are three divisions which consist within the court structure and this consists of – The
Queen’s Bench, The Chancery and the Family Divisions. There are separate procedures which
are there within the court and this helps in stating the practices and procedures which are adapted
to their purposes. The judiciary hears the appeals on arguable points for whole United Kingdom
in civil cases and for England and Wales in criminal cases. Lawyers or Solicitors are responsible
for the advice and guidance their clients on the laws of England and Wales (Partington, 2021).
The magistrates, juries and tribunal members are ensuring that they play major roles within the
legal system and this helps in stating the perspectives of how effectively there are concerns
related to juries and tribunal members are playing the major role and are ensuring that they play
major role within United Kingdom. All the three individuals are playing their major part in
contributing to the legal systems of England and Wales. They play all the legal activities which
have been addressed within the system and are concerning the systems related to how effectively
the England and Wales are following all rules and regulations. This has also helped in knowing
that England and Wales are ensuring the concerns related to following the legal system with the
civilians.
2. Tort in the civil law, common law and the wide majority of legal systems which has been
derived from them, any instance from harmful behaviour which is physical attack or inference
with one’s possessions with the use and enjoyment of one’s land, economic interests (Smith,
2022). Negligence is a civil tort which occurs when the person breaches the duty of care which in
the cases and in protective manner is owed to another due to which the person suffers hard and
there has been undergoing some legal injury. There has been explanation of negligence which is
determined as failure of discharge or the omission to perform something due to careless
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behaviour at large scale. There are numerous specific torts which are being initiated and are
considered as – negligence, trespass, defamation and nuisance and at large scale.
There are aspects which are being initiated and are concerned with the perspective of how
effectively and in appropriate manner the major tort cases are being solved and this calls for
ensuring the concerns related to not harming the other person or individual at large scale. It is
very important that the tort of negligence and breach of duty of care are analysed and are
determined under the legal system in appropriate manner (Murphy, 2019). This has been the
major aspect for which the breach of duty of care is also being analysed and that is understood as
– Breach of duty of care occurs when the person fails to meet an applicable standard of care
which the person requires and this helps in indicating the concerns related to how effectively the
care should be the major focus for the individual or persona and they should not fail to meet it.
3. Law is the set of rules that are created and are enforced by the governmental and social
institutions to regulate the behaviour within the legal system. Laws exists so that people are able
to analyse and understand that there are some boundaries which are to be followed and this helps
in stating that they need to behave in a particular manner in public and in private. The laws help
on defining the legal system of the country such as in the United Kingdom specifically in
England and Wales (Sandberg, 2018). Laws help in maintaining the control within the society
and culture in which the people are living. The main theories relating to sources of law are –
There are three main theories which are related to sources of law and these are determined as –
analytic jurisprudence, normative jurisprudence and critical theories of law. The three theories
are being explained below -
Analytic Jurisprudence of Law – This source of law involves in providing an analysis to
understand what helps in differentiating the different systems of law which are related and what
differentiates it from any other systems (Sparaciari and et.al., 2020).
Normative Jurisprudence – All the prescriptive and normative issues are being analysed and
are understandable within this source of law. This helps in addressing the restrictions on
freedom, obligations to obey the law which are analysed along with the grounds of punishment.
Critical Theories of Law – This helps in stating the feminist jurisprudence and challenges more
of the traditional forms of legal philosophy. This is the major concern which is related to how
effectively the various norms are being followed and are addressed within the legal system.
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4. Three elements which a claimant must establish in a negligence claim are – duty of care,
causation and breach. If the claimant successfully proves these elements then there is final part of
negligence claim which includes damages. These are the three specific elements which help in
proving in order to make a negligence claim (Lorenz, 2019). This also helps in creating value
and following the legal system in an appropriate and signified manner. The duty of care is the
obligation which is legal and is imposed on an individual who requires standard of reasonable
care while performing any acts which could harm any other person. Breach is the failure to do
which is required by the law or the duty. Causation requires to show the defendant’s breach of
duty which is caused due to injury and losses.
These are the three major elements which a claimant must establish in a negligence
claim. This will help in ensuring that whether the law is being followed in appropriate and
significant manner or not (Yusoff and Ayub, 2018). This will also help in undertaking the
aspects related to legal system considerations at large scale of the country which is United
Kingdom and specifically of England and Wales. This helps in understanding the legal system
which is related to the law and helps in defining the concerns regarding following the rules and
regulations.
5. Rules that apply to judicial precedent and statutory interpretation is done through ‘Ratio
Decidendi’ and ‘Obiter Dicta’ which is explained below –
Ratio Decidendi is defined as the judgment made by the principles of law which is
formulated by the judge. This is done for the purpose of deciding the problem.
Obiter Dicta is defined as observations and conclusions made by the judge and have not
reached a particular decision (RÎPEANU and GRIGORE-RǍDULESCU, 2021).
The rules that apply to judicial precedent are mentioned as – Once a court makes the
decision, both the judicial precedent and the individuals are bound by the decision which are
being made except for limited and certain circumstances. This is one of the major rules which are
being applied to judicial precedent (Pratap, 2021). The rules that apply to statutory interpretation
is that the words of statute in harmoniously with the scheme of act, the object of the act and the
intention of the legislature are being analyzed at large scale. This helps in determining the
concerns related to the stability of the judicial law and legal law. This helps in establishing the
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aspects of Ratio Decidendi and Obiter Dicta which are framed for the judgments at large scale.
This has been the major aspect which is analyzed for the establishment of the principles and
judgments and following of the laws.
Section C
Question 1
Advice given to Mrs Khan, Dave and Molly and Novel Orchids Ltd of possible claims in
nuisance against Fred is that they can claim private nuisance claim. This will help in determining
that the activity which Fred is doing is affecting the property of others and there has been
unlawful interference in the property of others (Lin, 2020). The court will weigh the gravity of
harm which has been caused to Mrs Khan, Dave and Molly and Novel Orchids Ltd due to the
activity of Fred against the social benefit of the interference. The Mrs Khan, Dave and Molly and
Novel Orchids Ltd can claim public nuisance as they are being affected by the disturbance of Mr
Fred Scrap yard which is causing both physical and property damage at large scale. This is also
affecting the property and the living of all the two individuals and the company which is situated
near the scrap yard.
There has been major disturbance from the scrap yard as it is creating the nuisance related
to the cracks appearing to the walls of Mrs Khan due to the extra weed and trees which are
overgrown (Sharkey, 2020). Further, Dave is facing the issue of foul odour and noises which are
there within the scrap yard. Moreover, the company which is situated on the western boundary
named Novel Orchids Ltd in which the Orchids have died as a result of smoke and toxic fumes
from the incinerator. This has been major concern related to how effectively and in appropriate
manner there are concerns related to the public claim regarding nuisance is claimed at large
scale.
Question 2
Enforceable contract is defined as law, rule, contract which are being enforced for people
to obey them. The contract may not be enforced legally if that is not drawn up correctly. It has
been the major concern which has been depicted in the case of Betty (Dwivedi and et.al., 2021).
The enforceable contract has been drawn up with Betty but that is not legally enforceable as the
demand which Betty placed was not responded by the Magic Mugs Company. Rather, the
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company had already made their contract with the other company which was Tasty Treats.
Therefore, Betty has been fallen into the enforceable contract which is not legal as it was not
drawn up correctly. When Betty placed the order and asked for the 500 mugs which she needed,
Magic Mugs did not responded to the email which Betty had sent them for the order which was
placed for the mugs (Baird, 2019). Therefore, this is the case of the enforceable contract which
was not drawn and made up properly as the company did not responded to the order which Betty
placed. This has been the major drawback as she is claiming that she placed the order but was
not aware of the placement which was done by the Tasty Treats and 2000 cups were delivered to
them. Betty is also claiming that she placed the order before Tasty Treat Company did. This is an
enforceable contract as it was done sided done and was not confirmed appropriately.
Question 3
Shreena and Gita will require some important documents which will help them initiate and
start their new business which is buying and selling organic vegetables. The documents
regarding the need to submit to the Registrar of Companies is –
 Memorandum of Association (MoA)
 Articles of Association (AoA)
 The pre – incorporation agreement for the directors who are Shreena and Gita themselves
(Das, 2021).
 Declaration by the authorized person for confirmation of the requirements relating to
registration which has been adhered to.
These are some of the major and essential documents which are to be framed and this will help in
initiating the concerns regarding the aspects of starting the business at large scale of buying and
selling organic vegetables. This has been the major concern for how the private company works
and these documents are very essential as they have been the major concerns related to growth
and development of the company at large scale (HEIN, 2020). It is very important to follow the
rules and legal laws and regulations which help in ensuring the concerns regarding effective
value to be placed n the market and following submitting all documents in the Registrar office.
These documents will help the business of Shreena and Gita to start in an effective manner.
Therefore, submission of these documents helps in understanding the perspectives of what the
business is about and so that the legal formalities are done appropriately.
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REFERENCES
Books and Journals
Baird, D.G., 2019. Unlikely Resurrection: Richard Posner, Promissory Estoppel, and The Death
of Contract. U. Chi. L. Rev. 86. p.1037.
Das, A., 2021. Analysis of Tata-Mistry Feud: Whether the Reconversion of Tata Sons from a
Public Company into a Private Company Valid under the Companies Act 1956 and
2013?. Issue 4 Int'l JL Mgmt. & Human. 4. p.3384.
Dwivedi, V. and et.al., 2021. Legally enforceable smart-contract languages: A systematic
literature review. ACM Computing Surveys (CSUR). 54(5). pp.1-34.
HEIN, L.W., 2020. THE AUDITOR AND THE BRITISH COMPANIES ACTS. In The
Evolution of Audit Thought and Practice (pp. 43-55). Routledge.
Lin, A.C., 2020. Dodging Public Nuisance. UC Irvine L. Rev. 11. p.489.
Lorenz, C.G., 2019. Elements of Proof in Negligence Claims. In Legal Nurse Consulting
Principles and Practices (pp. 87-100). Routledge.
Murphy, J., 2019. The Heterogeneity of Tort Law. Oxford Journal of Legal Studies. 39(3).
pp.455-482.
Partington, M., 2021. Introduction to the English legal system. Oxford University Press.
Pratap, S., 2021. Judicial Precedent as a Source of Law. Jus Corpus LJ. 2. p.448.
RÎPEANU, A. and GRIGORE-RǍDULESCU, M.I., 2021. RATIO DECIDENDI END THE
SCIENCE OF LAW. EDITORIAL BOARD, p.61.
Sandberg, R., 2018. Clarifying the definition of religion under English law: The need for a
universal definition. Ecclesiastical Law Journal. 20(2). pp.132-157.
Sharkey, C.M., 2020. Public Nuisance as Modern Business Tort: A New Unified Framework for
Liability for Economic Harms. DePaul L. Rev. 70. p.431.
Smith, S.A., 2022. Are Tort Remedies ‘Civil Recourse’?. Law and Philosophy. 41(1). pp.83-104.
Sparaciari, C. and et.al., 2020. The first law of general quantum resource theories. Quantum. 4.
p.259.
Yusoff, Z.M. and Ayub, Z.A., 2018. Business Owners’ Liability for Crimes Committed by a
Third Party on Their Property. Business Crimes at Stake: Contemporary Legal Issues
(UUM Press). p.54.
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