Business Law: Cases and Legal Solutions

This presentation provides an overview of employment, contract, and company law, along with legal solutions for three different cases. The recommendations are compared and contrasted, and alternative legal advice is critically evaluated.

Business law
Task 2

 Introduction
 Companies Act, 2006
 Contract Act, 1999
 Employment Act, 2015
 Case 1
 Case 2
 Case 3
 Comparing & contrasting the effectiveness of recommendations
 Critical evaluation of the appropriate legal solutions suggested in
comparison with alternative legal advice
 Conclusion
 REFERENCES
Table of content

 In the following presentation overviews of the
employment, contract and company law is give as
they have direct effect on the organisation.
 For three different cases legal solutions is provided.
 The recommendations are compared and contrasted
and the legal as well as alternative solutions are
critically evaluated.
Introduction

Contract Act, 1999
 This act governs the business relation made under
business transactions.
 The business are required to fulfil the promises made
under the written agreement.
 The act also provides the legal action that can be
taken in the instances of breach of the contract.

Employment Act, 2015
 This act along with the Employment Right Act,1996
regulates the relation of employee and employer who
have entered into employment contract.
 The act governs the rights and powers as well impose
duties and responsibility over employee and
employer respectively.

Companies Act, 2006
 This act provides the provision for formation,
operation and dissolution of a registered company.
 This defines the provision and gives direction to the
business to operate the business legally.

Case 1
Legal points:
 Gordon allowed variation in the contract but same
was not put in writing, so it is enforceable.
 Gordon decided to forgo the salary for three years can
be claim the same.

Legal solution and Justification
 As per the provision of the Employment rights act,
1996 every employee have a right to get national
minimum wages and also which is written under the
employment contract.
 So this is the basis right of Gordon to receive the
salary for past 3 years.
 Moreover, to let go was a personal decision by seeing
the financial crisis of the Orange Computer Ltd.
Continue…

Legal points:
 Is there a valid contract between Janet and Virgin
mobile.
 Can Virgin mobile charge for the services not
provided.
Case 2

Legal solution and Justification
 As per the provision of Sale and Supply of the Goods
act, 1994 under the service contract the contract
forms when the provider agree to give services and
complete with fulfilling the promise made.
 In the given case when the virgin mobile agree to
give services to Janet a valid contract is formed but it
competes only on the day when the telephone line
was installed.
Continue…

Case 3
Legal points:
 Can creditors apply for
wining up petition.
 Do Blackhorse have a
legal solution to avoid
winding up proceeding.

Legal solution and Justification
 As per the section 122 of the insolvency Act, 1986
the creditors have a right to file a winding up petition
in the court to dissolve a company.
 This can be done when company owes more than
seven hundred fifty pound to the creditors.
 In this case the company can avoid this process by
either entering into administration or making a
Compulsory Voluntary arrangement with it creditors.

Continue…

Comparing and contrasting the
effectiveness of the
recommendations
 The suggestion made in all three above cases can be
compared as all of them are given after taking
referrer from the laws and statues.
 Under all the above cases only legal solutions are
provides no alternative solution have been given.

Role of Alternative dispute resolution:
 The ADR plays a vital role in getting legal resolution
for the disputes without going to the court.
 This is the best method to avoid litigation process ad
yet get effective reedy four the dispute.
 This an informal method which takes into
consideration perceptive of both the parties in to
consideration.
Critical evaluation of appropriate
legal solutions and alternative legal
advise

Tribunals
 This is a method of ADR which is similar to the court
proceedings yet this is much informal in nature as
compared to court process.
 The dispute resolution under tribunals is less
intimidating and fast track and gives effective
solution to the dispute.
Continue…

The role of union
 The union plays a significant role in referring to
ADR. As the dispute among employee and employee
is a genral phenomenon and the unions try to solve
these dispute through ADR
 As this is a fast track process and less expensive as
well. So union have a big role in increasing the use of
ADR methods.
Continue…

Citizens advise:
 The Consumer Advice service phone number people
can be put through to the ADR help desk.
 The main advantages of solving a problem with
alternative dispute resolution is that it is usually the
ADR procedure is confidential.
 With this it can be seen that ADR process are
informal, confidential, cheap and less time
consuming rather the ligation process is just opposite
Continue…

 To conclude it can be stated that all three laws are
integral part of the business operations.
 For all 3 cases legal solution have been provided with
taking reference from laws and statues.
 For them justification have also been provided.
 The ADR methods also provides legal solutions to
dispute but are cheaper and less time consuming as
compared to legal proceedings.
Conclusion

 Creutzfeldt, N. and Bradford, B., 2016. Dispute
resolution outside of courts: procedural justice and
decision acceptance among users of ombuds services
in the UK. Law & Society Review. 50(4). pp.985-
1016.
 Lee, C. K., Yiu, T. W. and Cheung, S. O., 2016.
Selection and use of Alternative Dispute Resolution
(ADR) in construction projects—Past and future
research. International Journal of Project
Management. 34(3). pp.494-507.
References