Business Law and Ethics: Contract Formation and Rights and Responsibilities
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This essay discusses the formation of contracts and the rights and responsibilities of parties involved in the negotiation. It covers the conditions for forming a contract, the elements involved, and the remedies for breach of contract.
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BUSINESS LAW AND ETHICS
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Table of Contents INTRODUCTION..........................................................................................................................3 MAIN BODY...................................................................................................................................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...............................................................................................................................5 REFERENCES................................................................................................................................7
INTRODUCTION Business law and ethicsthey are that kind of legislation that has been developed over making business environment work in more effective manner. Such laws helps in making innovation with effectiveness applied within an organization that leads over making goals achieved in more legal manner. Both the laws lead over setting of framework which makes all kinds of ethical factors with business element modified in such manner that organizations growth and sustainability is been maintained. Ethics makes conflict within an organization solved in proper manner and business law help in making all kinds of framework accomplished in more effective way. In this essay things explained is based over contract laws that has been formed in order to make management with formation of agreement done in more effective way. Then in the end of the essay things related to rights and duties of contracting parties is been covered. MAIN BODY 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 studythe case has been covering facts which says that Avril provides services in relation to make advertisement which is been formed within local print and through online mode. In this Belinda has made contract with Avril for building of shed regarding business purpose. Further regarding this situation price has been explained that made costing created over seven fifty euros(Pufpaff and McCann, 2021). The stipulation or time period of the contract is based over seven days.Then in this Belidin made an email to Avril within time period that was not accepted quotation. Beldin accepted over quotation and emailed back to Avril. In this the price range that has been mentioned is of nine hundred euros.State about condition of contract formationthe main thing that has been made over discussing within the case is contract law which means those specified legislation which has helped in making an agreement legal in nature. The agreement formed can be turned into a contract but a contract cannot turned into agreement. Further the law of contract provides formation of contract in both expressed and implied manner, they can be in written ad unwritten form(Okoye and Onyejekwe, 2019). This means that a promise can be a contract which is based over any kind of obligation legally formed between parties. Promise can be anything that is not illegal within the eyes of law. The contract
covers certain questions which are based upon formation of contract, sustainability of contract and framework of contract. In this an injured parties file case regarding claim required to be attained over breach happen between parties. These law are ficused more over providing shape within factors leading towards agreement establishment. In this all set of rules wit guidance is been discussed by the parties before forming proper contract. Contract formation can be justified through an statement that is “ An agreement can be contract though contract cannot be considered as an agreement”. In other words it can be understood that contract laws are the laws that helps in making agreement formed between two parties attain strength within the eyes of law. Contract leads over forming of aggrievement in relation to sales of goods, property and materials required by an organization. Contract is been formed with the help of different kinds of elements that provides more strength to a agreement. These elements used in contract for its establishment are offer, acceptance, obligation, legal aspects and validity.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. Then comes obligations which are based upon different aspects covered within a contract. In this all kinds of elements and factors is been discussed by parties them only obligation is created(Jones, 2017). Further legality is there that makes an contract form its legal framework in relation over obligation that has been created after discussing all aspects of contract. In this all scope of legislations applied within contract is checked in more effectiveness. Last element that is been used is validity which means seeking that no contract has been formed with the help of any illegal idea which is not permitted by government.AdviseAvril and Belinda in relation contract existing with rights and responsibilityin this case the main idea that has to be discussed is based over valid formation of contract. It can be observed that only invitation over treat is been formed which is based upon offer made but no acceptance is shown over it(Demont, 2020). In this offer is been made through an advertisement and acceptance is based upon other party. Regarding invitation to treat relevant case law isPharmaceutical Society of Great Britain v Bootsin the case self service system is been introduced for making picking up of goods and then putting them back within basket till the time payment is been done for it by the customer. In this case Pharmaceutical Society of Great Britain brought action upon making determination over legal basis of principles. In this sales of pharmacy products is to be done within the presence of pharmacists as per law related to it. Under the case court held that
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determination of contract come into existence and court showed observation regarding self service system which made an conclusion formed that it is only invitation to treat but not an offer. This is the case of invitation to treat and in this court held thatcustomers good has been created in relation over assistance provided over making choice weather to accept offer or not. So, in this case court come over conclusion that in the presence of pharmacists and the offer made is only treated as invitation to treat not perfect offer. The condition applied within the case makes invitation to treat a valid point to be applied since offer has been made but not accepted which cannot be considered as contract law. Case studyin this case has made advertisement related to offering flyers that is based over electric services within the home town namedFiltterbug. Further the case says that Darewash has formed a contract with Charlie over electric services. As the work was completed bill cometo Darewash of three thousand five hundred euro from Eddie and five hundred euro from Charlie. After work was finished it was marked that it has to be done again and this was been marked out only after taps is been turned on by Charlie.Advise Darwash over which contractthe main point of discussion that is based over binding contract made between parties these contract are based over legal obligation which is based on contract that has to be formed. Also the contract makes contractual parties taking place within contract. In this scenario all elements of contract has been formed over binding contract(Chan and et. al., 2020).In this rights has been formed which makes rights for parties Charlie and Eddie. The rights which can be used by them is based over right of payment to be made, right to repair, refunds or exchange, right to file lawsuit upon contract which has taken place due tobreach or dispute. Remedies in relation to Charlie and Eddiethere are various kinds of remedies that is available within contract that aredamages, injunction, specific performance, repudiation and repossession. The appropriate remedies applied in the case is repudiation which makes proper solution attained over issue(Bietti, 2020). CONCLUSION From the above discussion it can be marked out that both business law and ethics has been used over creating healthy working environment within an organization that makes goals andobjectivesaccomplishedinmoreeffectiveway.Theselawismajorlyusedbyan organisation to develop authentic framework which makes business develop in right direction.
Further the essay covers about contract law which has been formed over making an agreement achieve legality within the eyes of law. Then contract formation with elements involved within it has been discussed. Also the essay makes rights that is been pertained by parties while contract is initiated. In the end of the essay remedies related to breach of contract applicable within the case scenario is explained.
REFERENCES Books and Journals Bietti, E., 2020, January. From ethics washing to ethics bashing: a view on tech ethics from withinmoralphilosophy.InProceedingsofthe2020ConferenceonFairness, Accountability, and Transparency(pp. 210-219). Chan, P.C and et. al., 2020. Are hotel managers taught to be aggressive in intelligence gathering?.Asian Journal of Business Ethics,9(2), pp.417-424. Demont, P., 2020. Ethics in Early Greek Medicine. InEarly Greek Ethics(pp. 520-544). Oxford University Press. Jones, J.K., 2017, June. Aesthetics and ethics informing an exhibition of artworks by Indigenous youth. In12th International Conference on The Arts in Society(p. 78). Common Ground Research Networks. Okoye, A. and Onyejekwe, C., 2019. Law’s ethics and sustainability: corporate tax and sustainablesocialstructures. InSustainabilityand the Humanities(pp. 525-538). Springer, Cham. Pufpaff, M. and McCann, D.P., 2021. The Ethics of Short Selling: The Case of Muddy Waters Research LLC. InDoing Good Business In China: Case Studies In International Business Ethics(pp. 339-346). Ureta, I., 2020. Ethics in Islamic Finance: Opportunities and Challenges in Times of Economic Turbulences.Handbook on Ethics in Finance, pp.1-16