Business Law and Ethics: Advising on Contract Formation and Rights
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This report discusses the conditions for forming a contract and advises on the rights and responsibilities of parties in a negotiation. It covers relevant case law and remedies for breach of contract.
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Table of Contents INTRODUCTION..........................................................................................................................3 TASK..............................................................................................................................................3 State what a contract is, and the conditions for forming one. Then, advise Avril and Belinda on which contract(s), if any, have been formed in this negotiation and their rights and responsibilities under such contracts...........................................................................................3 CONCLUSION...............................................................................................................................6 REFERENCES................................................................................................................................7
INTRODUCTION Business law and ethics are the laws that makes business organization achieve various tasks leading over accomplishment of goals that leads upon increasing business integrity which makes business conducted in smooth manner. These laws makes business accomplish all its aspects that is been set by an organization with purpose to achieve goals and objectives of all kinds. These laws makes guidelines over rules developed making business organization perform various activities making sustainability achieved through growth within an organization. The law applied through different legislation which makes business organization achieve consistency within business. Both the laws has been making system developed which makes business organizations achieve its objectives with more efficiency. Nature of these laws is very dynamic which makes rules and regulation related over business transactions and trade agreements develop. Scope is wider as it has tendency over affecting business environment of an organization. The essay is based over contract laws which is been covered through case study. Also binding contracts with rights and duties is covered. TASK State what a contract is, and the conditions for forming one. Then, advise Avril and Belinda on which contract(s), if any, have been formed in this negotiation and their rights and responsibilities under such contracts. Case study:In facts of the case it can be observed that Avril provides over services that makes deal over advertisement upon local news paper and online mode is been used. Further parties Belinda and Avril has formed contract between each other that is related to business. The time period decided over contract is seven days(Grant, Arjoon and McGhee, 2017). The price range decided for the contract is of seven fifty euros. In this email is been send over showing acceptance over price range ofnine hundred euros. Also contract has been formed over parties within which an offer is been made through advertisement. In this contract is been formed between parties that is an offer based over advertisement medium. Since parties to contract is been send through emails making offer to each other. Under it contracting parties are Avril and Belinda.State about condition of contract formationthrough the facts of the case it can be understood that contract laws applied within the case scenario. These are the laws that has been formed over making agreement with more efficiency. Under it an agreement formed between
two or more then two parties over making an agreement formed through efficiency. Under it an agreement exists that is based over rules and regulations that makes contract formation possible. In this agreement existing is based over parties willing over making contract formed in legal manner. Agreement that has been created is based over rules and regulations that makes contract formation possible through developing of framework within contract laws. Under it contract is based over both expressed and implied manner making formation possible through maintaining of contract laws. Contract formation can be justified through an statement that is “ An agreement can be contract though contract cannot be considered as an agreement”. Contract laws are based over those contract laws which has help in making agreement formed between two parties over making strength attained in the eyes of. It leads towards forming of contract over sales of goods, property and materials required by an organization. Also contract makes all kinds of aspects regarding an agreement covered in more effective way. There are different elements used in order to form contract these elements areoffer, acceptance, obligation, legal aspects and validity. The element helps in strengthening anagreement in order to shape perfect contract. In offer idea is been provided to parties that has been making willingness in order to initiate contract formation. Under acceptance other party to whom offer is been expressed accepts it and proceed with contract formation. There are various kinds elements that is used for making contract possible executed and they are offer, acceptance, obligation, legality and validity. As per the elements of contract the first contractual element is offer that is based over idea which has been presented by other party to another party. Second element is based over acceptance that is shown by the party to whom idea or offer has been made. In this idea has been presented and interest to accept it is been shown over another party. Third element that is required to be used is obligation making rules and regulation formed regarding contract which lead over making contract achieved in more effective way(Frau‐Meigs, 2021). Then comes fourth element that is legality and legislation is applied over making contract formed in more organized manner. In this legislation applied as per contract is checked that makes base of contract attain strength in the eyes of law. Fifth element makes validity that is based over providing contract valid reason which makes contract formation possible over legal basis and no illegality is there over contracts to be formed. In this activities like smuggling and gambling can never be base for contract formation. The elements makes contract formation possible in more effective way.AdviseAvril and Belinda in relation contract existing with rights and responsibilityas per the facts that
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has been marked out helps in analyses that acceptance is not showed over. The condition give rise over invitation to treat that is related to aspects making offer to be formed in relation over acceptance regarding such law. In this aspects offer has only been presented but no acceptance is made over elements that makes acceptance over elements which makes contract null void. Relevant case law in relation over situation isPharmaceutical Society of Great Britain v Bootsthe case is based over making self services system that is required to be installed over shops. Under the system customers makes pick -up goods through shelf and then putting them in basket till cash is been paid. Under it Pharmaceutical Society of Great Britain brought action overmakingactionthatmakesdeterminationoflegalityoversystem.Inthissalesof pharmaceutical products is been required over making determination of contract that has brought into existence. As per the rule medicine is required to be sold by law that is been sold only within presence of an pharmacists(Dickinson, 2017). In this court is required over determining contract come within existence. Further court held that goods over shelf constituting invitation to treat which is not been offered. In this customer takes goods and making offer purchase and shop has been providing assistance then chooses over making acceptance in relation to offer. The contract is therefore concluded at the till in the presence of a pharmacist. Case study:The case makes deal done upon binding contract that has been formed within parties to contract they are Darwash, Charlie and Eddie. Charlie provides services that is related over electricity within home town Flitterbug. Eddie that is an independent contractor and Drewash is contract provider. In this bill has been received by Darewash for three thousand five hundred euros from Darewash and five hundred Euro from Charlie. This makes work not completed with more effectiveness.Advise Darwash over which contractin the case law it has been analysed that binding contract makes agreement formed between parties and also make sure that legal obligation is been created which is formed between parties.In this rights has been formed which makes rights.Right to timely and full monetary payment. Right to repairs, refunds, or exchanges. Right to file a lawsuit over a contract breach or dispute.Remedies in relation to Charlie and Eddieas per contract laws breach takes place that acts as wrong committed in relation to contract. There are certain remedies which is available for breach and they are damages, injunction, specific performance,repudiation and repossession. In the case repudiation is been used in order to prove misrepresentation and undue influence(Canellopoulou- Bottis and et. al., 2019).
CONCLUSION From the above discussion it can be concluded that business law and ethics are those laws which is been used within an business organization in order to make it achieve various goals with objectives. In this essay further discussion is done over contract laws that is been provided in order to make an agreement valid in nature. Then in this essay covers about various aspects related over contract. Also in this rights has been explained with binding contracts.
REFERENCES Books and Journals Canellopoulou-Bottis, M and et. al., 2019. The Right to Human Intervention: Law, Ethics and Artificial Intelligence.Ethics and Artificial Intelligence (July 31, 2019). Dickinson, A.L., 2017. Recent Ethics Opinions of Significance.J. Legal Prof.,42, p.291. Frau‐Meigs, D., 2021. Addressing the Risks of Harms Caused by Disinformation: European vs. US Approaches to Testing the Limits of Dignity and Freedom of Expression Online. Handbook of Communication Rights, Law, and Ethics, pp.135-146. Grant, P., Arjoon, S. and McGhee, P., 2017. Reconciling Ethical Theory and Practice: Toward Developing a Business Ethics Pedagogical Model.Business and Professional Ethics Journal,36(1), pp.41-65. Kamaliah, S and et. al., 2018. Internalisation of islamic value on ethics in corporate culture in Malaysia. Scharding, T.K., 2017. Remote Consequences for Non-Consequentialists: A Kantian Approach to the Ethics of Uncertainty.Geo. JL & Pub. Pol'y,15, p.865. Skidelsky, R., 2020. Ethics and Economics. InWhat’s Wrong with Economics?(pp. 161-180). Yale University Press.