Business Law Assessment: Contract Law, Misrepresentation, Employment Law, and Tort

This essay discusses the violation of laws in the case scenario along with the possible measures which can be taken to manage the protection of rights. It covers contract law, misrepresentation, employment law, and tort. The issues discussed are breach of contract by Chandler, termination of Monica for gross misconduct, and compensation claim by Chandler for his wife's injury.

Law assessment

Table of content
INTRODUCTION...........................................................................................................................2
Fact Summary............................................................................................................................2
Issues in Discussion....................................................................................................................3
CONCLUSION................................................................................................................................7
REFERENCES................................................................................................................................8

INTRODUCTION
The contract law is the by enforceable with the regulation and the legally binding
agreements that helps in managing and implementing the laws and the general practises thorough
which the parties can enter in the agreement and can make the work to be enforceable by law. It
is created through the legally binding agreement in which all the essential legal practises for the
completion of task is required to be fulfilled. This also provide some remedies in case of any
kind of breach is being observed between the parties.as this case. The organisations are required
to manage the effective command with which they can administer all the rules and rules and the
behaviour accordingly. In UK there is observed that all the organisations are required to
administer their working by implementing all the legal practises and the laws some of the
important laws are like the contract law, tort, employment law and many more. Law of torts is
mainly the civil wrong which so comprised with all the civil breach and issues for the
individual’s rights and safety (Kötz HCasper, 2022). This essay will discuss about the violation
of laws in the case scenario along with the possible measures which can be taken to manage the
protection of rights. Further it will cover the remedies that can be given on this place.
Fact Summary
In this case scenario Ross who is having the business of organic food supply He so
willing to expand the current business by including the supply of organic beef. In order to get
such supply Ross contacted Red Gate Farm for organic beef for the 3 years’ deal relating to
supply but then seems to have no response being made by them. In a mean period of time a buyer
contacted in High Hill Farm in order to supply the organic beef for 3 years with the manager
named Chandler. Their made a contract in between them with all the general compliance. Later
on, of the regular customer of Ross enquired about the place from which the delivery of beef is
being taken and when being told about the High Hill farm, there came in knowledge that the beef
is inorganic as they use chemical pesticides and fertilisers as the customer eye witnesses all such
things by their own. By hear4ing all such things Ross was so furious that he immediately
contacted Chandler and told him about the whole scenario and confronted that he is willing to
terminate this contract and also asked him, to provide the remaining amount made for the sale for
which Chandler said that he is not going to do that as all such terms were not being discussed in

the agreement. By hearing all this Ross decided that he will have the face to face interaction with
Chandler and due to being intoxicated told his employee Monica to drive from him. She told him
that he is not that confident on her driving skills as she passed her test yesterday but still Ross
insisted her to drive. As there seems to have negligent driving Ross met with an accident and was
seriously injured with spinal injuries. It seems this accident was witnessed by Chandlers wife
Phoebe who was suffering from the post traumatic disorder seen that accident and was affected
by the accident.
Issues in Discussion
There will be emphasized on some of the major issue for accommodates which are
concerned with certain areas in the case study which are like:
 Is there observed any breach of contract by Chandler.
 Is Monika can be terminated for gross misconduct without serving notice.
 Can a compensation be claim by Chandler for his wife’s injury?
All these issues are to be taken in order to be carried by the UK common law system and the
hermeneutic approach will help in applying the legislation.
Issue 1- Is there observed any breach of contract by Chandler.
In Contract law there is given that all the legal framework between the parties are made with
the general agreements which applies all the essential requirements that are needed to be
considered. As for contract law a person while entering in it need to have the legal compliance
and working with the terms and conditions (MacQueen, 2019). Some of the main areas and the
requirements which makes the individuals to be bound legally are like, offer this is generally the
expression or the innovation to treat that is served by one person in order to enter in any
agreement. It is manifestation through which the intention to invite any person to complete any
task will be made. Second, is Acceptance it provides all the acquiesce in which the person agrees
on the invitation to treat or the offer which is raised by the other. This can be oral or in written
form and applies that it will not be enforced until and unless the proper knowledge of the offer
and acceptance is being shared in between them. this can be expressed or implied and manage
(MAUPERIN, 2020). Another is Consideration, this involves all the monetary and the pecuniary
value which is discussed and decided between the parties in order to compete the work and also
to manage the effective promise which is drawn in between the parties. No contract can be frame
if the consideration is not being fixed. Lastly Legal intention, this is the intention of the person

who are entering in the agreement to manage the work. As all such elements should be covered
with complete opacity and also with no breach in the contract. In this case Ross has made the
contract with the condition that the beef which he want to serve should be organic as this is the
core element in the contract and Chandler though knowing the requirements of him still
misrepresented the whole scenario by selling the chemical used beef to Ross. As he managed to
use pesticides and fertilizers in it (Casper, 2022).
Misrepresentation majorly arises when the agreement or the contract which is made in
between the parties will deceit to have the untrue statement and induce and person to enter in an
agreement. Misrepresentation generally applies to all the false conducts and the words with
which the contract will be farmed untrue. There is seen that all the facts which are stated not in
the proper manner which can eventually lead to infringements and also with unambiguous,
unclear legal agreements that avoid the causes and the chances of the misrepresentation. The
main areas and the elements with which damages in relation to the failure on the part of the one
party is addressed will; make them to terminate and also revoke the contract. As in the case of
Derry v. Peek (1889), House of lords held that all such issues which are generally related to the
dishonest intentions and motives will make them to be liable for all the alleged made in between
them. in relation to the issues where all such person is involved and are misrepresenting all the
facts and the statements will lead to be liable for the misrepresentation and this can create the
problem and can terminate the contract from not following the essential terms (Cotterrell, 2018).
In relation with this is case of Basset v. Wilkinson (1972) there involves that as the defendant
misrepresented for the falsification made in property that are managed for applicant possession
in about 2000 sheep’s. Thus, in this case scenario their analysed that Ross being Misrepresented
by Chandler as them was clearly mentioned by hum regarding the delivery of the organic beef
and he even though knowing that this will be wrong and the breach in the contract mislead and
sell him the beef where the fertilizers and the pesticides are used. So, this contract can be
terminated as the essential elements are not been fulfilled buy the High Hills Farm.
Misrepresentation of facts will affect the opinion if person and there is seen that the it is
impliedly affecting the profit which is made in between them.
Issue 2- Is Monica can be terminated for gross misconduct without serving notice.
Employment Act 1996, enforces to have the rights and the duties in relation to all the
employers and the employees been working in the company. it relates to all the rights and the

essential duties which are needed to be covered with the legislation and with the managerial
understanding in fair manner. In UK there is aligned and managed that to have all the fair
understanding and implications. As there are so many rights and the statutory obligations which
are given to the employees in the company one of the main right which is given to the employees
is mainly that no person can thereby being terminated from the company without serving them
the proper notice. Gross misconduct involves all the criminal activities and the issues which will
not require any kind of notice for the termination of the employees (Egan, 2020) (Fairclough,
2018). Their involved some of the major issues like the gross negligence, physical violence and
the other conducts like the theft are addressed. In all such areas and the cases, the employees will
be terminated on immediate basis. In Morales Copter V. Cooperative de Ahorro creditor
Yabucoena case there is described misconduct as all such condition which is awful with the
issues that lead to shock in any of the conscience. In this case there is been seen that the accident
is caused due to wrong decision taken by Ross. Even being well aware that Monica is not that
confident on her driving skills he forced her to drive the car from him. So there cannot be led the
dismissal to be the major ground according to the common law. It is also seen Moore v. C&A
Modes (1981) in this case the staff employee was held to be liable in order to steal the asset of
the shop and their also observed that he misconduct by doing the wrong act was immediately
being terminated from the job and was not allowed to get the notice period that is being served.
As their seen that Monika being working in the company of Ross when being ordered by the
boss to manage the driving for him as he was intoxicated and was not in the condition to drive
(Dyer, 2021). Although Monica explained him properly that she is not that well trained in
driving and passed her driving test a day earlier. But Ross still forced her to do the task. Thus, in
this case no gross misconduct can be observed as all the instruction were being given by Ross to
her and she also made her position and the circumstances clear. There was no intention to cause
injury or to stuck in an accident. The employment law provides the compliance in which all the
actions and the work which are done with the permission of the employers will not be
accountable to the employees and there is no misconduct where intention to harm was not
present. So in this the accident is unfortunate and caused serious injury but with no deceitful
intentions against any, thereby Monica will be held liable or terminated from the work.
Issue 3- Can a compensation be claim by Chandler for his wife’s injury.

Tort is an important law which manages all the civil wrong that are committed by the
persons while performing and action or task. There can be seen that in case of the nervous
breakdown all such things majorly occur when the person is in utter shock and that is happened
which creates and make the invalidated in jury through which the harm is been constructed to
one person. In Page v. Smith (1996) all the psychological injury are managed to be the personal
injury and all such conditions will generally anticipate and make the work and the issues to be
categorised accordingly. All the issues which are like the shock and the traumatic disorders will
be relied in the cases like the Byrne v. Southern Western Railway Company the court held that
the measuring of the liability in all the cases where the mental health is affected is the major
problem and will; lead to implement tedious nature (Dawson ,2022). All such issues in UK are
applied in the legal system where such breakdown will affect to mental interference in injury that
are caused true to negligent behaviour. All such major complied issues are addressed in the areas
where the harm and such affecting the mental health issues are majorly being undertaken with
negligence occurred in different areas. As mind is the most delicate and crucial part and it
control our whole body and in all such cases where the impairing in any of the part is made due
to severe shock and conditions will affect the whole nervous system. This creates the psychiatric
breakdown. In all such cases where the negligence is being encountered through all the tortious
acts will violates and make the wok which us being applied to be in careless manner. All such
links which are seen in the shock and the further violations will be encountered to make all
remote problems(Leahy, 2021).
In this case scenarios chandler’s wife Phoebe was already being traumatised and found to
be mentally ill and when certain actions happened due to Ross and Monica that took her into
metal stress and trauma. Their observed that the breach of duty and along with it the shock were
the two consistent issues that are observed all together and the issues and the problems were
being faced by the Chandler wife is due to breach of the duty and the accident which was being
undertaken. So Ross will be liable and have to give the compensation for all the issues which
were being faced by him in that aspect.

CONCLUSION
This essay provides the conclusion that law is regulation and the legal principles which are
given to manage the actions that are implemented and also for the protection of the society. In
this case study some of the major laws and the principles which are needed to be applied while
entering in any agreement is the contract law, employment law and also other rules and the
legislation applied by Tort. Contract law is mainly all such agreements which are applied and
made between the parties by applying all the essential rules and principles are applicable. Further
there is also provided that there is no gross misconduct made by Monica as it is mainly all such
criminal activity all the illegal activity undertaken by any of the person at the time of
employment.

REFERENCES
Books and Journals
Casper, S.T., 2022. The anecdotal patient: brain injury and the magnitude of harm. Notes and
Records.
Cotterrell, R., 2018. The development of capitalism and the formalisation of contract law.
In Law, state and society (pp. 54-69). Routledge.
Dawson, J., 2022. Disciplinaries: When to handle informally and let things pass. BDJ In
Practice, 35(1), pp.32-32.
Dyer, C., 2021. Private provider was wrong to dismiss psychiatrist and refer her to the GMC,
tribunal rules.
Egan, S., 2020. Trauma as Feminist Practice. In Putting Feminism to Work (pp. 135-158).
Palgrave Macmillan, Cham.
Fairclough, M., 2018. Romantic electricity: Fields and currents in recent research. Literature
Compass, 15(2), p.e12434.
Kötz, H., 2019. Comparative Contract Law. In The Oxford Handbook of Comparative Law.
Leahy, R., 2021. Trains and Brains. The Rail, the Body and the Pen: Essays on Travel, Medicine
and Technology in 19th Century British Literature, p.6.
MacQueen, H. ed., 2019. European Contract Law: Scots and South African Perspectives.
Edinburgh University Press.
MAUPERIN, R., 2020. CHAPTER THREE A REFLECTION OF THE MEDICAL
DISCOURSE. Reflections: New Directions in Modern Languages and Cultures, p.29.