Examining Company, Employment, and Contract Law within Business Law

This report provides an analysis of key aspects of business law, focusing on company law, employment law, and contract law. Regarding company law, it discusses the Companies Act 2006, its provisions, and the steps involved in registering a company, including deciding the company type, choosing a name, registering details, preparing the memorandum and articles of association, and subsequent tasks. In employment law, the report highlights the Employment Rights Act 1996 and the Equality Act 2010, emphasizing the protection of employee rights and the prevention of discrimination, covering direct and indirect discrimination. Lastly, it addresses contract law, defining its essential elements such as offer, acceptance, consideration, intention, and capacity, along with the different types of contracts and potential claims for breach of contract. The report concludes by summarizing the importance of these legal areas in governing business operations and ensuring compliance.

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TABLE OF CONTENT
INTRODUCTION.......................................................................................................................................3
TASK 4.1 COMPANY LAW......................................................................................................................3
TASK 4.2 EMPLOYMENT LAW..............................................................................................................6
TASK 4.3 CONTRACT LAW....................................................................................................................8
CONCLUSION.........................................................................................................................................10
REFERENCE............................................................................................................................................10

INTRODUCTION
Business law is a branch of law which helps out to provide all the important civil laws
regulation through which companies and the organisations can frame their working procedures.
It helps how to provide implications and the rules through which corporation can lead out proper
standards and legislation in order to maintain the governing rules. It mainly considers contract
law, employment law, IPR, company law and many more. Contract law is mainly an agreement
that was being made enforceable between the laws in the parties (Ortino, 2018). This report will
cover all the formation and registration of company with the legal actions and courses that are to
be taken in employment law and further will also cover all the important elements of contract
and with that their essential claims that can be framed in it.
TASK 4.1 COMPANY LAW
Companies act 2006 is an important legislation which helps out to provide all the
company law to govern laws that are being used in the organisations in UK. It focus on providing
all the important loss for the company and also helps out the directors to know about the specific
duties in the companies and also about the rights of the shareholders with their administrative
areas of working. This act mainly is a primary source in UK as it helps out to provide all the
stages and it was in framed in 1 October 2009. This act covers some of the important elements
they are like:
 This act provides all the important existing common law is principle and also provides all
the duty starts the directors used to hold in the company.
 It mainly provides out all the transparency between the directors through the European
unions.
 It helps out to maintain all the new in important provisions for the public and private
companies (Giles, 2018).
 This act helps out to provide all the important primary sources in the company law and
also provide 1300 sections and 16 schedules which are being made in order to maintain
the list of contents for the corporation. This act is an important primary source in UK as it
provides out all the important functions and management as how the company is being
financed, run and managed. Companies act 2006 is being replaced by the companies act

1985 and it includes All the modernisation and the codified common law actions with the
help of shareholders rights and the administration process in a better manner. It also
provides all the important features related to the article of association, incorporation
process all the duties of directors and the indirect shareholders rights which are being
incorporated in it.
Lmad can thereby take all this steps in order to register the company and some essential
elements that are to be followed which are like:
Elements of setting a company
 Deciding the company: At the first instance it is to be decided that whether the company
will be a public limited company or a private limited company and without the position
will have been framed out according to the legal rights of the individual in all the
substantial protection regarding the shareholders liabilities in the business. As all such
measures are being taken according to the company records and the liabilities on which
the company is being filed according to the documents that are being raised in the HMRC
or in companies house (Mikami, 2018).
 Company name: The name of the company will have to be decided as when the company
is being registered in the office. As it is an important asset for the business practices so
there are certain rules that are to be made in governing the company choosing the
company’s name for which there should not be any kind of offensive name or the
repeated name should be taken for the company and there should be made a proper
registration according to the name of the company in companies house.
 Details needed to be registered: As when the company is to be registered it is important
that some important details should be mentioned as the company’s name with a proper
address that is should be addressed to the companies out regarding their publicly
available of the company with that there should be given a plan regarding to the courts
and the activities. There should be provided a proper details regarding the share capital is
of the private companies and the shares and a poor according to that the least one share
that is to be taken from them and is being issued. The company’s Director I required to be
registered according to the company secretary details and with that the shareholder details
should be given to the registration of companies (Slakoper,eds., 2021).

 Preparing memorandum of association and articles of Association: The MOA and
AOA Should be prepared as MOA Is an important document which tends to include all
the standard clauses which are being required for the shares confirmations and the
agreement through which the company is going to be start MOA Should be filed in the
companies house as a part of registration. Whereas articles of association is mainly a
rulebook for the company which provides out all the methods through which the
company is being run by the director and on behalf of them with the shareholders. All the
companies will have to adapt the articles and the modules regarding to the circumstances
that are being given under it. The memorandum will thereby provide out all the important
legislation that is to be filed in the company is regarding the registration process and it
can thereby be send with all further details (Sneed, 2019).
 Approval of formation: There will thereby be given an approval by the company’s house
by proper checking on the paperwork and the documents that are being given for the
registration and after that approval is being given for the registration of new companies.
 Board meeting: As when the companies house approved a new registered company they
will thereby have to hold a meeting of all the directors regarding the necessary formalities
for registration of company.
 Company register: There should be maintain a proper company book or register which
will cover out the registers of directors that registers of all the residential address of the
directors with secretaries and all the members with their significant allotment of shares,
share transfers and the mortgages and charges that are to be covered under it.
 Share certificates: The board meeting will thereby have to make the directors to issue a
sure certificate to all the shareholders regarding their company and proper register of a
member should be maintained with the evidence that covers out the issue of shares
certificate (Lifshitz, and Finkelstein, 2017).
 Other important task: The company will then have to set up a bank account and proper
registration in HMRC should be made in order to frame a proper trademark that is being
important for business.
As in case R v. Registrar of company court held that the registrar can refuse to register a
company if there has been found any unlawful object for the company. There should be
implemented proper closest to be followed as in the registration of company. In case of Soloman

v. Soloman court held the Principal of corporate wheel as a landmark judgement which upheld
the doctrine of corporate personality which will be treated as a separate legal entity.
TASK 4.2 EMPLOYMENT LAW
Employment rights act 1996 is an important act which covers the protection of all the
employees who have been working in the company with all the discrimination let out with race,
caste, sex, religion, colour etc. It mainly cover out all the important rights related to unfair
dismissal, maternity leave, redundancy and also provide us acts like national minimum wages act
1998, equality act 2010 and many more. This act helps out to promote and protect all the
individuals who are being working in the companies from all the unfavourable treatment that is
being laid out at their workplace. Employees by being able to practises this as the directors and
the company has used to follow out all the rules and regulations that are being made under the
employment law act it helps out to promote growth and equality among all the citizens who are
being working in the company and also to protect them self from any kind of harassment and
discrimination (Stromquist, and et. al., 2017).
Equality act 2010
It is an act which helps how to protect legally all the people from the discrimination that
is being made on their working place as it is mainly being promote the equal treatment with all
the employs and also work on the protection of strengthening the situations according to the
laws. Equality act 2010 helps out to remove the discrimination from the workplace and also to
maintain a proper working standard in all the areas. It covers out all the antidiscrimination laws
through which they implicate out all the unlawful treatment that is being laid out in the working
areas any kind of destination re-relation to sex, race, disability will be covered under it.
This act helps out to provide a favourable condition through which all the direct and indirect
discrimination and victimisation can be removed from the working premises and on the other
areas in sectors. It helps out to maintain the gender reassignment and also by removing all the
supervision and by providing a proper protection regarding to the people who are being
discriminated against any kind of activities (Chadwick, and et. al., 2018). It helps out to maintain

that there should not be any kind of discrimination regarding to the disability or any kind of
gender Gate pay gap will be eligible. This act provides proper positive actions that are to be
taken for the recruitment and the promotions and also implicate out the public sectors to follow
the social economic cultures and diversity. As there has been seen the discrimination mainly
listed out of different kinds that is mainly direct discrimination, indirect discrimination and
discrimination and victimisation. They are like:
 Direct discrimination: It is mainly discrimination when a person is being treated
differently with all other persons as in the person is being discriminated on the basis of
age, disability, race, religion, sex, gender reassignment, sexual orientation etc. then in all
such condition the direct discrimination is being laid out and the unfair treatment is being
characterised. Equality law helps out to prevent all such kind of discrimination where the
unlawful discrimination is being seen out and there has been seen that a less favourable
treatment is been given to any person regarding to some protected characteristics that is
being assigned it is mainly the racial segregation through which a deliberate areas and the
less favourable culture in treatment is being given. Mainly the employees used to feel
such kind of discrimination and that is mainly being known as direct discrimination by
association or the companies (Baleva, 2018).
 Indirect Discrimination: It is mainly when any kind of practising of policy and the rules
is being applied to everyone in the same manner but there has been seen a discrimination
to some peoples on account of their race, culture, sex, religion and many more. This
mainly implicate out all such practices in the rules where a particular disadvantage is
being given to some particular group of people. There is mainly a pool of comparison
being made through which a practice of discrimination is be laid out to some particular
group of person. Such kind of discrimination is mainly being seen for a racial group or
any kind of religion, race or sex is being used to focus on certain kind of discriminatory
practices as woman’s were seen less speed as compare to men when there has been seen
any work for a hard labour and processes. They should be made a proper treatment to all
the people equally visible condition.
 Discrimination Victimisation: Such kind of discrimination is mainly the unlawful act
that is being made by any of the employers in the working areas where victimisation is
mainly when someone tries to treat any person in a bad or a different manner through

which they are being discriminated also statement has been called as discrimination
victimisation. There are some kind of disadvantage that are being given to a particular
person in order to worsen situation of them self and such discrimination maybe on the
disability, age, sex, religion, belief, race and many more and there has been made that
equality act implicate out the punishment for all such activities and they used to maintain
that all such an act in unlawful activities are not being supported. Victimisation applies to
all the claims and complaints that are being regarding to discrimination where someone is
being treated in an unlawful manner and all the breach of act of equality is being seen.
In this case scenario Mrs Smith can thereby claim the discrimination that is being made on a
racial discrimination on the company as there has been seen the people according to the race and
colour are being discriminated in the company and so she can thereby take the help of equality
act in order to protect the rights of all the peoples and the employees who are being working in
the company so that there will not be any kind of discrimination for the future events.
As in the case Weathers beld limited v. Sargent (1999), court held that no person can treat any
other employee or an individual on the racial grounds and discriminate them on a racial basis. As
according to eat when a person discriminate any other person on a racial grounds and also treat
them less favourably then there will Be taken strict action although Mrs Sergeant was herself not
being coloured he still has made discrimination on the basis of racial grounds (Vargas, 2020).
TASK 4.3 CONTRACT LAW
Contract law is mainly the agreement that is being enforceable between the parties in
order to frame a contact it is important to have an essential elements and requirements of the
contract. The Contract law is mainly the agreement that is being made between one person where
a proper communication is being framed in order to frame out an agreement that is being
enforceable under them time. All the court gives potential contracts are being based on the
agreement that is being performed between the parties and it mainly cover out all the recruitment
through which party is served different rights and duties towards each other. It helps them out to
evaluate and maintain a duty through which all the reasonable and fair treatment should be given
according to it. As contract law covers out and deals with what is important rights and duties at
acting assigned in it. If any party move out of the contract or try to do any kind of beach then
there are certain remedies set up being available in contract which helps him out to protect the

other party from all such a breaches that is being made in the contract. Where they can be able to
maintain a specific performance of contract through which they will have to do all the act that is
being made earlier and also some important rights like injunction, termination, damages and
many more are being applied through which the breach of contract can be removed.
they are like:
 Offer: There must be an offer that is being raised by one party to the other party for some
work that is to be done.
 Acceptance: The other party was received the F offer should have to accept the offer so
that there may be an agreement that is being framed between the parties.
 Consideration: The parties will have to decide a proper consideration for the agreement
that is being made between them.
 Legal obligation to do so: The parties should have an intention to create legal relations
between them and the relation between them should be legally binding.
All these are important conditions for framing a contract. And as in the case there was a valid
contract between them and There has been seen that conditions are being imposed in a contract
with a possible time period to perform such act and conditions and warranties implicate out an
important areas that are being rendered for any contract.
As Jack has partially fulfilled their work so they can thereby according to partial performance
of contract as a legal action be taken, As in the case Cutter v. Powell court held that even though
the seller was thereby being failed to perform the contract and there has been made and
expressed am for the contract it has been rendered to the full performance of contract is being
important does the construction can dare by being on an express term and no payment will be
given on a partial performance (Gaillard, 2017).
Substantial performance of contract
It is mainly all such contracts which mainly allow the parties to be paid under a contract
term in order to retain the benefits and as they were being technically failed in order to comply
the precise agreement. It is mainly when the performance of a particular contract is not been full
or complete and in order to satisfy the agreement and in good faith the person was being allowed
to get a partial payment for the contract terms. It is mainly the tender rule through which a partial

payment is being given to a party so that an alternative can be given to them in order to satisfy
the requirements. As substantial performance of contract implicates out important areas through
which they can provide the consideration to the person for their partial fulfillment of the contract
these are mainly being made on a good faith that is being assigned by person it mainly covers out
all the important through which they can satisfy the agreement and the person on some tenders
and basic reasons has been affected by the breach of the contract.
In case of Bolton v. Mahadeva (1972) court held that, As a defendant as claim for the fees
and Bolton was there by being entitled for nothing as there was no substantial performance that
is being made between them and it will not be merely being made for the work and a general
ineffectiveness for the primary purpose will not be laid out so they will not be any kind of
substantial performance been given to it.
In case of Hoenig v. Isaacs court held that, payment is being dependent on the
construction on a specific contract In when the contract is being made on a sub specific contract
that is being paid on completion of specified work then the construction of the contract is being
deprived so the employer can thereby cannot resist a payment of price Invent there has been
made of completed work without any defect and deprived areas of in nominal terms has been
made that has been seen that the employer is bound to pay the contract price and can detect the
defects that is being given by them as in an in nominate areas for the rise of damages being taken
in it (GholizadehManghutay, 2018). Thus, Jack can thereby claim for the substantial damages as
by deducting the required amount and request to give them the other offered amount that is being
done by him before illness As Jack was being in the contract there was no such contract been
made that if in case of partial fulfilment of contract the amount is being paid. There were offer,
acceptance, consideration and legal obligation to do so they which means that there was a
contract that is being made between the parties and there is mainly being made an implied
consent in it. But when Jack fell ill there has been seen that it created a major issue as a 99% of
the work was being completed and he was willing to do other work but due to his in competency
to do so he was being affected by major health issue. In such case He can thereby apply for the
substantial damages through which the partial fulfilment of contract and they buy be given in
order to provide him the consideration for the amount of work which is being made by him.

CONCLUSION
From this above report it is concluded that business law is an important civil law
implication which helps out to provide protection to all the organisations. Company law thereby
helps out to provide all the laws and rules regarding to the companies. Registration of company
is thereby being important in order to maintain it certain important elements are being given
regarding the company‘s name, preparing memorandum of association, and all the details have to
be registered. Employment laws thereby provides and remove all the discrimination from the
workplace as equality act 2010 helps out to provide favourable condition to all the workers.
Contract law is merely an agreement that is being in foreseeable under law and substantial
agreement is mainly the partial payment of the contract that is being made between the parties.
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