Assignment on Business Law pdf

BUSINESS LAW
(Project 1: Case Study)

Table of Contents
INTRODUCTION...........................................................................................................................1
PROJECT 1 .....................................................................................................................................1
1) Nature of Statue and Case Law...............................................................................................1
2) Application of knowledge of contract Law:...........................................................................3
CONCLUSION................................................................................................................................5
REFERENCES................................................................................................................................6

INTRODUCTION
Business law is the principles of law which is implemented on the business concern. This
law is mainly related to cases of civil and criminal matters and they can be imposed to public and
private companies. It mainly used when two parties enter into contract or when fraud committed
under business activities or when any illegal commitment is made with the employees which
affects their life. Present study is based upon the case of Print Fast Ltd v Seed Store Ltd. They
both enter into the contract and after few days the case comes up with the invalid contract from
one of the parties.
Report will include the nature of statue and case law in relation to applicability of civil
and criminal cases. Further it also includes the application of knowledge of the valid contract and
the circumstances which become unenforceable to contract.
PROJECT 1
1) Nature of Statue and Case Law
As law are imposed on public and companies which can be private and public and carry
their activities for better establishment. As act of legislation or parliament are stated for the
purpose of bring new laws or amending the existing laws for providing more security and fair
decision to public and society (Hedley, 2017). As the trust of public are decreasing, as days as
they think the decision provided by courts are not in favour of honesty and the only matter the
court is concern is related to money and they provide judgement be seeing money and the
financial position of the person. After reviewing this condition of courts they decide to amend
the acts or passed some new acts which provide justice to people and also engage their
confidence in the judgement (Slapper, 2016.). If to introduce new acts a bill is passed in the
houses of Commons and house of lords for the approval after is bill is examined the approval has
been given by the Royal assent which means the Queen of the country and that comes up with
the Statue Law. The European courts have to follow the rules and principle that are mentioned
under the Statue.
Common law or case laws are such laws in which judgement are made on the basis of
cases which are not under the statue law or law of equity. They can refer the judgement of
previous cases which are already in existence with the courts and they provide judgement to the
parties regarding the matters (Deakin and et.al., 2017). The applicability in respect of civil and
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criminal matters are related to providing justice to the plaintiff and their rights are protected
under the European courts. If any person committed crime under the Criminal law they are
punishable with harsh punishment and also can be sent to imprisonment for more than 10 year or
even lifetime imprisonment are also applicable. As these depends upon the type of crime but the
laws are strict under the criminal law (Geels and et.al., 2016). The courts are also bound to
follow the strict rules against the defendant if they committed any criminal activities which affect
the society. The judges who disclose the punishment have to follow the legislation to prove their
crime and acts and are punishable accordingly.
Similarly, the matter related to civil crime are punishable under the Civil Law. In this
matter the common law is used as the judgement is depends upon the crime commitment. If the
crime is related to theft or forgery than the punishment is imposed accordingly and the judges
can refer the judgement form the previous cases also if the cases are same. But the state law is
also imposed as if any person commit the crime related to civil activity than statue law is
imposed but firstly the judgement can be refer to common law and then Statue law (Marjanac,
Patton and Thornton, 2017). As mostly civil matters are solved outside the courts and they can be
solved through the help of arbitrator or negation can be done. This activity helps the parties to
save their time and they get speedy judgement from their matters.
The court system operates in various ways such as firstly the person file complain in the
Magistrate court or any superior court to get justice. The judgement is given by the district court
and the cases are referred mostly to civil matters. For matter related to criminal activities, the
person file complain under the Crown court which is specialised in proving judgement in
criminal matters. If the parties are not satisfied with the judgement related to subordinate courts
they can appeal the high court to provide fair decision which didn't affect their liability. The
decision is given by the High court judges (Alexander, 2016). After the judgement provides by
the high court didn't satisfy the rights and decision of the parties they can appeal in the court of
appeal for decision related to civil and criminal matters. At last the parties have last option to get
fair decision which is with the Subordinate courts. It is the highest court of appeal in UK and
they are directed by the European law to provide justice to the parties and people who gets
affected with the civil and criminal activities.
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As in case of Print Fast Ltd V Seed Store Ltd. If any parties finds that they are facing any
injustice they can appeal to the courts in this system in which the court operates (Green, 2017).
This helps them to provide justice and fair decision against the criminal activities which is
accused by the defendant.
2) Application of knowledge of contract Law:
1. Contract is made: -
Contract is an agreement which is made by parties and they are legally bound to follow
the contract once they made an agreement (Contract, 2019). While it is said that all contract are
agreement but all agreement are not contract.
However, to make a contract it needs the consent of both the parties to enter into a valid
contract and carry the activities at any reason until the terms and condition of the contract are
fulfilled. The contract are made on the basis of offer, acceptance, consideration and intention to
create legal relationship between the parties (Countouris, 2016). An agreement means to offer or
propose something by one party and other party accepts that offer and proposal from that party.
The consideration is major to enter into the contract but to enter into the valid contract they have
to bring something whatever in terms of money or other valuable things to prove that there
contract is valid and both the parties are legally bound in terms of law.
In the case of Print Fast Ltd V Seed Store Ltd, They both enter into a contract regarding
the availability and capacity and cost of printing facilities for fabric printing (Simbeye, 2017).
They both decide to discuss the matter through email, letter or face to face communication. This
indicate that they both enter into the valid contract and according to their terms of agreement.
2. Difference between an offer and an invitation to treat:
Offer indicates that offering something to another party which is legal and enforceable to
enter into a contract. The person whop offers something to another person is called the offeror
and the another party is called the offeree (Stone and Devenney, 2017). The offer must be valid
if it fulfils the valid terms such as in relation to offer must be definite and clearly readable. It
must include the communication between the parties to offer some valuable things and both the
parties are intention to do some business. Whereas the intention to treat is regarding the
advertisement to made an offer to parties to generate some interest in such activity. These
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invitation requires potential customers to make an offer (Graziano, 2019). Thus, the difference
between offer and invitation to treat is that offer is made to a person who is willing to enter into a
contract with another person while invitation to treat means an advertisement made by a person
to offer or merely supply information to other person.
In the case of Print Fast Ltd V Seed Store Ltd, Print Fast send email to Seed which means
that he offer something valuable to Seed. This means that invitation to treat is not involved in
this aspect.
3. Offer and acceptance position when buying using electronic media:
When any offer or proposal is made and accepted by another person that terms to be
agreement which results in valid contract. The agreement made through electronic form are
liable as both parties agree to enter into the contract and they are legally binding to follow the
terms and condition in the contract (Smits, 2017). To conclude valid contract, the main things
which is essential is regarding to communication between the parties.
In this case, the offer and acceptance is made through fax and email and both the parties
are legally bound to follow it.
4. Factors to be persuaded by court with an intention to create legal business
relationship:
Factors which is to considered by court is in relation to that both the parties have attained
the age of majority and are stable to handle the contract (Svantesson, 2016). Any of the parties
are not restricted by the court to enter into the contract.
In the case of Print V Seed, Both the parties are at majority level and they are stable to
enter into the contract. Te contract is sent through email quotation which is headed to subject to
Board approval and Service Availability.
5. Condition under which contract can be terminated:
Condition under which contract can be terminated are results in case of death, refusal to
enter into the contract and lapse of time (McMorrow, 2015). If these things happens, the parties
can terminate the contract or court order to terminate it.
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In this case, Seed refuse to enter into the contract as he claims that no contract is made
through electronic form and with this fact the contract is terminated.
6. Condition under which contract would become unenforceable:
Such contracts which are relating to not enforceable by law are unenforceable such as
wagering contract, or any such contract which affects the morality or against public policy
(Phillips, 2016). In that case court orders the parties to not enforce such contract.
In this case, Seed reviewed that contract made through email is not acceptable as it
required signature of formal contract. Thus, this statement is against the contract as they both
jointly agree to enter into the contract through electronic mode.
CONCLUSION
From the above study it can conclude that Business law is imposed on the companies to
work within the legal structure and follow the government norms. The law of Contract is made
between the parties which ensures that both the parties have to legally follow the terms and
conditions before entering into a contract.
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REFERENCES
Books and journals
Alexander, R. C. H., 2016. Insider dealing and money laundering in the EU: law and regulation.
Routledge.
Countouris, N., 2016. The changing law of the employment relationship: comparative analyses
in the European context. Routledge.
Deakin, S. and et.al., 2017. Legal institutionalism: Capitalism and the constitutive role of
law. Journal of Comparative Economics. 45(1). pp.188-200.
Geels, F. W. and et.al., 2016. The enactment of socio-technical transition pathways: a
reformulated typology and a comparative multi-level analysis of the German and UK low-
carbon electricity transitions (1990–2014). Research Policy. 45(4). pp.896-913.
Graziano, T. K., 2019. Comparative contract law: cases, materials and exercises. Edward Elgar
Publishing.
Green, T. H., 2017. Liberal legislation and freedom of contract. In Liberty Reader. (pp. 21-32).
Routledge.
Hedley, S., 2017. The Law of Electronic Commerce and the Internet in the UK and Ireland.
Routledge-Cavendish.
Kerikmäe, T. and Rull, A. eds., 2016. The future of law and etechnologies (Vol. 3). Springer
International Publishing.
Marjanac, S., Patton, L. and Thornton, J., 2017. Acts of God, human influence and
litigation. Nature Geoscience. 10(9). p.616.
McMorrow, J. A., 2015. UK Alternative Business Structures for Legal Practice: Emerging
Models and Lessons for the US. Geo. J. Int'l L. 47. p.665.
Phillips, A. M., 2016. Only a click away—DTC genetics for ancestry, health, love… and more:
A view of the business and regulatory landscape. Applied & translational genomics. 8.
pp.16-22.
Simbeye, Y., 2017. Immunity and International Criminal Law. Routledge.
Slapper, G., 2016. How the law works. Routledge.
Stone, R. and Devenney, J., 2017. The modern law of contract. Routledge.
Svantesson, D. J. B., 2016. Private international law and the internet. Wolters Kluwer Law &
Business.
Smits, J. M. ed., 2017. Contract law: a comparative introduction. Edward Elgar
Publishing.
Online
Contract. 2019. [Online]. Available through: <https://uk.practicallaw.thomsonreuters.com/4-
107-6271?
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