Business Law and Ethics: Contract Law and Rights of Parties in Case Scenarios

This essay discusses the essential elements of a contract, legal intention, and important rights of parties in case scenarios in Business Law and Ethics. It analyzes two case scenarios and provides insights into contract law and the rights of parties in case of breach. The essay also provides references for further reading.

Law and Ethics

Table of content
INTRODUCTION...............................................................................................................................3
MAIN BODY.......................................................................................................................................3
CONCLUSION....................................................................................................................................5
REFERENCES....................................................................................................................................6

INTRODUCTION
Business law is generally a commercial practice which helps out to manage all the
corporate and the organisation to carry out their legal implications with the rules and
regulations which are being applied in it. This provides a major role in functioning and the
management through which all the systematic approach in the organisations can be attained.
Some of the important laws in it are employment law, companies’ law, IPR, contract law etc.
contract law is generally a rule and the applications which is being made in order to frame the
agreement between the two parties which is being enforceable. On the other hand,
employment law terms out to be the protection of all the employees who are being working in
the organisations (Delfino, 2021). In this essay there will be provided all the necessary
elements and the conditions which are being required to frame a contract and further will also
provide the responsibilities and rights in the case scenario.
MAIN BODY
Case Scenario 1
Contract law can be termed as a written agreement which is being applied in two or
more parties with their consent and the mutual obligations to enter in it. This can also be
termed as an agreement which is being given and enforced by law and creates a binding
impact on all. In order to protect the rights of the individuals who enter into contract there are
general remedies and the claims which are being given to the aggrieved parties.
There are some major essential elements which are being given in the contract law
without which no agreement can be fulfilled it is mainly, offer which is also being known as
invitation to treat that is being provided by one party for fulfilment of task or to make any
agreement to be done or the expression of willingness with the contractual terms. Offer can
be communicated by the offer to another party (Schulze, and Zoll, 2021). Then there is
acceptance which is assent that is being provided by the other party for the invitation which
is being provided to them earlier as an offer. Acceptance can be expressed or implied and will
always be termed to be qualified when the party gives their approval for doing that task. This
can be given in an oral or written manner. Thirdly there is consideration which is generally
the monitory value or the money or the sum that is being fixed by the parties for the
fulfilment of the contract. As this is the value which is being decided for the completion of
task. No contract can be applied or made without fixing their values. Lastly there is legal

intention which are being required which means that the motive of the parties should be clear
while entering in the contract.
As in the case of Balfour v. Balfour court held that no agreement can be made without
the intention to create a legal relation between them. (Kumar, 2021). But for all the domestic
cases it is not important to serve and assumption that a legal intention is being provided.
As in this case Avril has given in advertisement and by seeing that Belinda showed her
willingness to enter into contract but the monetary value which was being fixed by Avril was
£750 and for quotation period of seven days in which Belinda didn’t accepted the offer. Later
on she agreed to manage and enter in on contract but Avril denied and said that now the
quotation period with the fix new amount will be £900. As there is being seen that a counter
offer is being applied in order to make the contract as one party tried to make an agreement in
amount to another. In Hyde v. Wrench there was being seen that a counter offer was being
applied in the parties as the claimant tried to sell the firm in £1000 for which defendant
negotiated with £950 and which was not being accepted after few days defendant accepted
but the claimant denies. For which defendant made a complaint and filed a suit as in all such
cases counter offer was being made in the party stand there will not be any kind of contract
which is being framed all the prior terms and conditions would be revoked.
So in this case there can be seen that no contract was being made between Belinda
and Avril as she further revoked the communication which was being made and she had not
even accepted the offer at the very time of quotation period so all the stipulation in the
contract and its terms were not being fulfilled(Drummer, and Neumann, 2020).
There are some important rights of the parties while they enter in a contract in those
legal rights makes them to implement and manage all the contractual terms to be in a
systematic manner without any Breach they are like, right to specific performance of
contract which is generally that the party have the right to cover and also to fulfil all the
contractual obligations in a stipulated and considered time period. Right to claim remedies
for which the parties in case of any kind of breach have the right to ask for the damage and
the compensation for the breach which is being caused to them by the actions of another party
it can be in the form of compensation, injunction or damages(McCrudden, 2020) . Right to
gain fulfilment of promise which implies that the parties can force the other party to perform
their task which was being made between them and agreed in the parties and through which
the rights can be managed properly. Right to be fair which implies that party will have to

disclose all the material facts which are being required and they are not allowed to hide any
of the activities. Further there can also be seen that no party have the right to do any kind of
fear, coercion or force while entering in the agreement and all the parties will give their
consent in a free will.
Case Scenario 2
Charlie while doing the advertising Flyers has made an offer for providing the
electrical services at home. Darwash while looking on that contacted him for the wire
replacement and got an acceptance for which Charlie made an eventual contract that is
mainly that he send Charlie for that work as an independent contractor. Eddie has made a
fixation of money for £500 and Charlie already asked for £3500. While the work was being
completed Darwash has given the full payment which was being received as a bill but later on
while turning his tabs he found that the work was not being done properly and will have to be
re-done entirely.
There are some important rights which are being given to him as according to the
contractual agreement which is being made between them they are like, right to exclusive
ownership in which all the person have the right to gain the ownership for all the agreements
which are being made in between them (Schwarz, 2021). Right to disclosure of material
facts which provides that all the parties will have to provide and disclose relevant and
important facts regarding to the contract and the agreement which is being made. Right to
file suit, this provides that all the parties will have to get the work to be done in a proper
manner and in case of any of the breach they can file suit according to the contractual terms.
Darwash as due to the incompetence and the negligent act made by the Charlie has suffered
major loss so can ask for the compensation or damages and can also go to the court for taking
strict action against Charlie. There was also seen that all the disclosure of matter was not
being made properly by Charlie because of which the damage was majorly being caused.
CONCLUSION
From the above essay, it is concluded that Business law provides all the commercial
activities to be incorporated with the proper rules and regulations. Contract law manages to
frame the agreement which are being applied between two or more parties in order to enter in
an agreement. Some of the major requirements of contract and its terms are offered,
acceptance, legal intention and consideration. Further there is also analysed that in case of
any breach between the agreement which is being made between the parties there are certain

rights and the remedies which are being provided by the contract law there like damages,
specific performance of contract, injunction etc. the rights through all these are being given
like disclosure of material facts, right to timely consideration, right to file suit and many
more.
REFERENCES
Delfino, R., 2021. European Union Legislation and Actions. European Review of Contract
Law, 17(1), pp.82-86.
Schulze, R. and Zoll, F., 2021. European contract law. Nomos Verlag.
Kumar, C., 2021. Impact of Contract Choice on the Public-Private Partnerships’
Performance: A Tale of Two Contracts. Public Performance & Management
Review, 44(6), pp.1239-1267.
Drummer, D. and Neumann, D., 2020. Is code law? Current legal and technical adoption
issues and remedies for blockchain-enabled smart contracts. Journal of Information
Technology, 35(4), pp.337-360.
McCrudden, C., 2020. The Gay Cake Case: What the Supreme Court Did, and Didn’t, Decide
in Ashers. Oxford Journal of Law and Religion, 9(2), pp.238-270.
Schwarz, J., 2021. Schwarz on tax treaties. Kluwer Law International BV.