Business Law: Promises, Tort, and Artificial Personality

Business Law

Table of Contents
INTRODUCTION...........................................................................................................................1
PART 1............................................................................................................................................1
PART 2............................................................................................................................................3
PART 3............................................................................................................................................6
CONCLUSION................................................................................................................................7
REFERENCES..............................................................................................................................10

INTRODUCTION
Law is termed as rules and regulation which is duly formed by related legislative bodies
of a nation as to regulate individuals and organisations activities as well as functions. There are
different types of statues that are applicable upon companies that further provide legal support
and aid to operations and structure (Fried, C., 2015). Business law is mainly a broad area of law
within which there are number of laws as well as topics are included. It encompasses all the
laws that duly direct the manner to run and form a business entity. In this federal laws, state law
and administrative regulations are included. This project is further being segregated into three
different parts within which first part include about promises part second is related with doctrine
of tort while in third part formative discussion has been made on artificial personality.
PART 1
In legal context, promise is defined as an engagement within which a promisee and
promisor is involved as to undertake some certain form agreement as to perform some activities.
If a promise is made in or reduced to writing, this is duly termed as agreement which is put under
the seal, then it is determined as a covenant. There is no such lawful element in a promise and it
refers to mere declaration may by one person to another for a good or valuable consideration. An
individual can made different types of promises. Present questions include three diverse form of
situations within which Sergio undertake different types of promises to Natasha ( local
newsagent), Alexander ( Son) and secretary in order to pay all of them sum of different amount
of promises get fulfil.
As per in accordance with legal provision, promises can be duly made in both format
written or orally as per involved parties requirements. Mentioned below some of the certain laws
that are related to promise is being defined:
 A promise can not be duly made without consideration. Thus, in order to make a promise
binding upon promisor it is essential that there is sufficient consideration.
 This has been signified that if a promise is conditional then it is required to be completed
preceding to any binding effect. In other words, it states that if in a promise there is any
condition then it is required to give preference.
 In order to make a promise there must be involvement of two parties, promisee and
promisor as to have a contractual component.
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 It is important for both promisor and a promisee to have mutual consent. A promise that
has been duly made by does not get accepted by promisee then it could not be termed as a
promise.
 Enforceability of promise is also depend on the circumstances that states that it is duly in
promise best interest as to further make it enforceable.
 It is essential to make a promise without any ambiguity. A promise is required to definite
and clear. In addition to this, any form of double meaning and confusing terms must be
made clear or removed before its occurrence.
As per according to the discussion, it has been defined that there are different types of
elements that are are required to be present in a promise. By duly considering all the elements
within promise an absolute and valid promise can be made. In this segment of report there are
three different form of cases that showcase different scenarios. In this case a promise has been
duly male by Sergio to different individual with specific return. This can further be duly
understood with the assistance of different cases in past in United Kingdom legal system in order
to get accurate and defined conclusion.
In the landmark case of Balfour v Balfour [1919], this has been stated that husband
made a promise to his wife as to pay her 30 pounds for a period of month when he went out of
England. Along with in exchange of her agreement as to support herself without asking his
husband for other related maintenance. In this court stated that promise deliver valid
consideration but in this there is not contract. In this it is an agreement that involve promise but
does not falls into the category of contract. Thus, the performance of new duty must not involve
in new consideration.
The case of Hartley v Ponsonby [1857]. in this the court held that a promise can be
made enforceable. It duly involve a ship within which there were number of individuals as a
crew members that later get reduced such a number that created a situation of dangerous in
nature for ship to sail on the water. While ship captain does not have any authority to demand the
same. In this, this has been stated by court that police have the general duty as to effectively
undertake different form of essential things in order to further maintain peace in between crew.
In the case instance of Roffey Bros, a business has been conducted on contract basis by
builders. Within this they burnish estimated number of 27 flats belonging to housing corporation.
In this, contract duly contain a clause which is related to late competition. This made Roffey
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