Business Contract Resolution: A Comparative Legal Analysis

This assignment involves analyzing the role of law in Italy and the UK in resolving business contracts. It concludes with suggestions for appropriate legal solutions based on Italian and UK laws, providing recommendations for resolving issues related to business contracts.

BUSINESS LAW

Table of Contents
INTRODUCTION...........................................................................................................................3
TASK 1............................................................................................................................................3
P.1. Different sources of law and laws that organisations must comply with...........................3
M.1. Evaluate the effectiveness of the legal system of recent reforms and developments ........3
P.2. Explain role of government in law making and how statutory and common law is applied
in the justice court.......................................................................................................................4
TASK 2............................................................................................................................................5
P.3. Using a specific examples illustrate how company, employment and contract law has a
potential impact upon business...................................................................................................5
M.2. Differentiate and analyse the potential impacts of regulations, legislation and standards. 5
TASK 3............................................................................................................................................7
P.4. Suggest appropriate legal solution to business problems....................................................7
M.3. Assess the positive and negative impact of legal solutions to business problems.............7
TASK 3............................................................................................................................................8
P.5. Provide justifications for the use of appropriate legal solutions..........................................8
TASK 4............................................................................................................................................9
P.6. Recommend legal solution based upon a different country's legal system and different
legal framework..........................................................................................................................9
M.4.Compare and contrast the effectiveness of these recommendations...................................9
REFERENCES..............................................................................................................................11

INTRODUCTION
Different sources of law could be seen in the UK legal system which furnish appropriate
values to nation's legal system in order to making important decision by legal authorities of the
country. In addition to this, in this report, the role of UK government in law-making and how
statutory and common law is applied in the justice courts. In addition to this, this assignment will
be discussed about different kinds of legal issues and cases as per case study and given
appropriate legal solutions by legal provisions of the country. Beside from it, this assignment
also would be discussed about legal solution upon based upon Italy and UK countries legal
system for a different legal framework.
TASK 1
P.1. Different sources of law and laws that organisations must comply with
The English legal system has been formed in four main sources. Statutes or Acts of
parliament is made by parliament of the UK. English law has been formulated in four ways such
as namely legislation, case, human right and EU law (DAILY, KIEFF and WILMARTH JR,
2014). Common law enforces in those areas where parliament was not very important. It could
be said that, there are varied of sources can be seen which is as following:
M.1. Evaluate the effectiveness of the legal system of recent reforms and developments
Constitutional law: The first source of constitutional law. There are tow constitutions are
applied on each state of the nation which is federal and UK constitution. In case of UK
constitution, it is in written form and it provides several kinds of rights to UK supreme court in
case of making major decision. It is called statutes are laws passed by parliament of the country
and basically it is the highest for of law. It assists the supreme court in case of judging in the
court as per constitutional laws defines in its law provisions.
Legislation: UK legislation derives from number of different sources. UK parliament is
supreme body for United Kingdom. Legislation provides essential legal provision to the UK
government in order to make major decision regarding several cases. Legislation could also
consolidate or codify law (Bryman and Bell, 2015). Legislation derives from passed act by
parliament in nation and with assistance of this, they can make several decisions concerning
many cases.
European law: This is also one of major source of English legal system. European law,
laws and legal traditions that are either shared by or characteristics of Europe. European legal

system refer to the historical, institutional and intellectual factors that European legal system
tend to have in common (Folsom and et.al., 2013). So it could be said that, European legal
system provides appropriate value to English legal system through which its authorities can
make prime decision and enfoce on some critical cases.
Laws that organisation must comply with
In UK, each organisation must comply with some essential provisions of legal system in
business sector. In case of proper running of business function, each organisation must comply
with these legislations:
Corporation Act 2001: As per legal provision of this act, it defines about the details
requirements relating to companies and financial products as well as services of business must be
in appropriate form. Firm must need to fill taxation policies in corporation.
Anti-Discrimination Act 1991: According to this act, each organisation in UK must
ensure that, every workers has been treated with dignity and respect at workplace. No one would
be discriminate regarding to colour, age, sex etc. in firm.
Work health and safety act 2011: As per this Act, organisation must make sure that, they
are providing an environment in form which should be healthier and positive. In addition to this,
all must provide safe environment to their employees at workplace (Friedman and Hayden,
2017).
Employment right act 1996: AS per this act, every company's employees has right to
protect their rights in firm while working and workers can not dismiss with giving notice before.
Hence, it could be said that, all these English legal provisions provided by the UK
government towards corporation sector of nation must comply with them in proper manner.
P.2. Explain role of government in law making and how statutory and common law is applied in
the justice court
It could be said that, the UK government is playing major role in case of making law in
the nation.
The House of Commons: At this stage, members of parliament(MPs) are those peoples
who are directly elected by the public to represent in the parliament. These members play major
in case of making law in the nation.

The House of Lords: In this section, the member of House of Lords are selected from life
peers, the most senior bishop in the Church of England. In the house, there are 12 most senior
judges are sitting here and they play major role in passing a bill (Glenn, 2014.).
Bill: A bill could be considered as a legal draft which is made by civil lawyer of
government and it just reveals details about provision law. There are 3 types of Bill here, which
is public bill, private and private members bill.
First reading: At this stage, the bill title and what is included in it, these all are sections
are reading in the house of commons.
Second reading: in this stage, The detailed on the bill is discussed and amended in
parliament. MPs of House of Commons vote for the bill whether it is pass or not.
Committee stage: After that, the bill is sent to committee of House of commons for
detailed explanation about bills some essential amended is made by them if necessary
(Gollakota, K., Gupta, V. and Bork, J. T., 2010).
Report stage: After amended of committee stage, the committee reports the bill is sent to
further debate in this stage.
Third reading: A short debated is to be done in the stage and decide whether it ought
tobe accepted or rejected.
House of Lords: Then, The Bill is sent to be House of Vommons to go through above
mention 5 stages and some important rectifications are made and then set it to House of
Commons.
Royal ascent: At this stage, monarch has to formally approve the bill and then becomes
an act of parliament. This action must be taken as per the Royal ascent act 1961 (Hazard, Hodes
and Jarvis, 2014).
TASK 2
P.3. Using a specific examples illustrate how company, employment and contract law has a
potential impact upon business
AS a junior legal executives in a small law firm in UK, I need to give proper legal advice
to my all clients as given in the case.
M.2. Differentiate and analyse the potential impacts of regulations, legislation and standards
1. According to United Kingdom company law, in case of patel and kejriwal, both
persons are fiends and who has planed to start the business of manufacturing soaps. They are

inspired by leading brand called Lifebuoy company (Jones and Sufrin, 2016). As per legislative
provision regarding to company patent Act 1990, they could not give same name as lifebuoy,
both persons are debating in case of what to name their company either Litebuoy and Likebuoy.
As they have prime objective in order to replicate name of the leading brand Lifebuoy. So the
legal stipulation defines that a one company name cannot by the same as another registered
company's name. They have to conduct a legal meeting with a senior solicitor of the country and
select a specific name for their company in respect to starting the soap business in industry. They
must be agree on particular name either Litebuoy or Likebuoy and then their product name as
same as Lifebuoy company name. So it could be said that, they have to decide one option of their
company name. The potential impact of this act is that, both party would be able to satisfy on one
decision and they will not coy of other company's name and products.
2. As per this case, the Employment right act 1996, enforce in this case. As the Teresa is
an employees in Patel and keiriwal's company so metthew instruct Teresa not to take orders from
franc customers in the Future. Teresa is very upset about this and has decided to refuse to carry
out their services in the organisation further. AS per anti-discrimination Act 1991, Teresa was
not fairly treated by Metthew at the workplace because he had Patel and his friend had a bad
holiday in France because of unfair consequences in the country. So, as per this act Teresa has
rights to make claim on Metthew and Patel in case of treating with discrimination situations at
the workplace (Kaplan, Weisberg and Binder, 2014.). So they have right to claim on them
regarding to discriminating with country's culture and some other reasons. As per legal norms,
both person must give appropriate compensation to Teresa for her losses her job from the firm.
The potential impact f this legislative provision is that, Teresa would be able to fair treat by
anyone at the workplace and also give her fair justice at the working environment.s
3. As per the case, it has been seen that Mrs Dorothy purchased a washing lachine from
Vendor TJ Philop & Co. under the EMI plans. The machine has a warranty of 1 year and after 3
months, it had been seen that, Mrs Dorothy did not use the appropriate power supply that
resulted in the motor being burned. As per the contract law, she must have to pay continue to
EMIs to the company and according to warranty policy, the company need to provide services to
repair washing machine motor. So it could be said that, as per contact law, the breach of contract
has been enforced in these circumstances. Mrs Dorothy refused to pay the balance of EMIs and
was sued by the washing machine vendor have right to sue on him because she has refused to

pay remaining balance (Khurana, 2010). As per contact policy and warranty policy the company
will provide repair services to him and Mrs Dorothy should continue to pay remaining EMIs to
the vendor. The potential impact of this legislation is that, both the parties will be able to get fair
judgement as per English legal system and it makes positive impact on the specific situations
regarding to solving such issues.
TASK 3
P.4. Suggest appropriate legal solution to business problems
M.3. Assess the positive and negative impact of legal solutions to business problems
1. As per given case, in this a construction company, Samuel Home Builder(SHB) Ltd is
assigned to construct a band new 3 bed independent villa for Mr Rawal for an agreed price of
500,000. SHB has abandoned the work after completion only 60% of the house. Mr. Rawal has
made substantial payments to SHB Ltd for the work. Mt, Rawal finished the construction using
the materials left by SHB Ltd (.Malloy, 2014.). After that, the company has sued n Mr. Rawal
for the value of the material used by Mr. Rawal and for the value of work. In this contract,
Termination of contract has been enforced in these circumstances. Once a par formally agreed to
a contact, they become liable under law to fulfil their contractual duties. In this case, termination
of contract lawfully enforced in terms of impossibility of performance the duties of the company
towards SHB Ltd. In such situations, by Mr. Rawal, has complete their obligation in order to
paying substantial payment to the firm but he has finished the construction utilising the market
left by company at the workplace. So the claim filed by the company is not void by law, because
they have already paid for all raw material for construction which was presented there, so as per
legal system, with the assistance of experienced lawyer, Mr. Rawal could file reclaim on the firm
against their claim on him. So the company need to refused their claim made on Mr. Rawal and
pay appropriate payment to him in order to recover his losses in the company.
2. According to this case, over the last year “Darren Dolphy Ltd” have really struggled
and have seen their business go down dramaturgically (Mann and Roberts, 2011). As a
consequence, a winding up order was made on 15th July 2014 against Darren Dolphy Ltd,
following a creditor's petition which was presented to the court on 28th June 2017. Saraswat has
been appointed liquidator of Darren Dolphy Ltd organisation. Three are some creditors of
company has been seen that is, Northolt Bulding Soceity, which is owned 180,000 and has a
fixed charge over Darren Dolphy freehold premises. Darren Dolphy premises have been vaulted

at 150,000 Euro. As per companies act 2006, it could be said that, in case of Darren Dolphy Ltd
organisation falling down grammatically (Parker and Nielsen, eds., 2011). They have been
identified that, the firm creditor's has not fulfilled their obligation to giving sufficient money
towards the company. Darren Dolphy Ltd has premises have been valued at 150,000 Euros that
they have to recover from their creditors premises. So it could be said that, the company can
recover all costing incurred from saraswat which is 10,000 Euros. So according to company law
act, the corporation can required sufficient amount of money from their creditors in respect to
running of their business and its growth as well.
TASK 3
P.5. Provide justifications for the use of appropriate legal solutions
Justification for both the cases using appropriate legal solutions:
1. In case of Mr. Rawal, according to termination of contract in the given scenario, at the
initial level of this contact, both parties were agrees to a contact, they become liable to fulfilment
of their contractual obligations as per contact policy. So the act defines that in case of failure of
performance of the each terms started in the contact can result in a breach of contact lawsuit or
other legal liabilities etc. so it could be said that, often time. In case of termination of contract,
conflict situations occurs. Home Building Ltd. Has been signed a contact to construct a brand
new 3-bed independent villa for Mr. Rawal and he has made substantial payment to SHB Ltd.
For the work. After completion only 60% of the house. The company has refused to fulfilling
their obligation as per contract in the business (Myers, 2013.). However, Mr. Rawal finished the
construction using the materials left by SHB Ltd. As per the legal provision concerning to this
type of cases. The company should have completed all works as mentioned in the contact, and
Mr. Rawal is able to use of these all raw materials of construction which has been left by
company at the workplace. Hence, it could be said that, claim made by company must be refused
by legal norms and Mr. Rawal has rights to can file a claim in court against SHB Ltd. Company
and recover losses that he may have incurred in the contract.
2. In this case, over the year Darren Dolphy Ltd have really struggled and have seen their
business go down dramatically. As a consequence, a winding up a order was mase n 15th July
2017 against Darren Dolphy Ltd, following a creditor's petition which was presented to the court
on 28th June 2017. Saraswati has been appointed liquidator of Darren Dolphy Ltd organisation. In
these situations, according to company law 2006, it could be said that, in case of increment in

creditors, the company need to sell their all assets in cause of fulfilling creditors financial
requirements form the company. These rations seek to determine the ability of a firm to avod
financial distress in the short-run (Santoro, 2010S). According to contract act, Saraswat need to
distribute sufficient amount of money as per their investment share in the firm. It could be
fulfilled by selling company's various assets in the market for getting adequate amount of money
to giving all creditors to overcomes form solvency. As per the ration of their investment in
company, Saraswati need to distribute it's all assets to its creditors.
TASK 4
P.6. Recommend legal solution based upon a different country's legal system and different legal
framework
M.4.Compare and contrast the effectiveness of these recommendations
Use of arbitration act as per Italy country:
The Italian rules governing arbitration proceedings are mainly provided by article 806 to
840 of the Italian code of civil procedure. In this case, as per the article 806 CCP all disputes are
arbitrated under Italian law. In this situation, arbitration act of Italy could be enforced legally in
case of resolving this disputed between Al Burj gas supplier entered into a long-term gas supply
and purchase contract with SRS Plc. In 2011. In this case, both the parties could use thss process
the parties to the dispute chose an independent third part known as arbitration to act as a judge.
As per this case, the contract was governed by the law of the country where SRS company is
based and stipulated that all disputed relating to the contract were to be referred to arbitration. In
2013, Plc. Commenced arbitration in Italy claiming breach of contract as a result of Al Burj's
failure to deliver gas to the company (prague and Lyttle, 2010). Both company can use of
arbitration act as per Italy legal system and chose a third party which is known as arbitrator.
Arbitrator listen both parties issues and as per their experience and expertise, make appropriate
decision on which both party ought to be obliged.
Use mediation as per UK legal system:
This is the most common form of alternative dispute resolution. In situation of Al Burj
suppliers enter into a long term gas supply and purchase contact with SRS Plc. In 2011.in this
beach of contract, both party can utilisation of mediation contract norms as per legal provision of
UK legislative system (Whish and Bailey, 2015). They need to select a mediator unlike a
arbitrator who will listen both parties issues and after listening, mediator will make decision as

per their expertise in these areas. In 2013, Al Burjs failure to deliver gas, need to present issues
and barriers in front of mediator and as per their knowledge, mediator would make relevant
decision towards proper business solution.
CONCLUSION
From the above analysis, it could be concluded that, UK does not have Uniform legal
system. It can be said that, the UK parliament and government has play essential role in terms of
making law in the country. In addition to this, this report also concludes about suggestion of
appropriate legal solution as per various UK's legal provisions. Recommendations on legal
solutions based upon Italy and UK in order to making resolving issues of their business contract.
Hence, all they need to follow legislative provision in terms of resolving issues.

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