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Essentials of business law Assignment

   

Added on  2021-02-18

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Essentials of business law

Table of ContentsINTRODUCTION...........................................................................................................................1QUESTION 1...................................................................................................................................1Explaining meaning of Representation and how it is different from term of contract...........1QUESTION 2...................................................................................................................................3Presenting the grounds of unfair dismissal under law............................................................3QUESTION 3...................................................................................................................................5Roles and duties of directors..................................................................................................5QUESTION 4...................................................................................................................................7Explaining the principles that governs award of damages under Tort law and the ways inwhich it can be limited...........................................................................................................7CONCLUSION................................................................................................................................9

INTRODUCTIONBusiness law include each law which dictate about how to operate any business andconsiders law which govern how to start, manage, close and buy any type of business. Themanagers and directors of an organization are needed to abide with certain laws and regulationprescribe by the legal framework of the nation. These laws are related with employment,contract, heath and safety etc. One of them is Contract which can be defined as promise that isenforceable under law and in case it is volatile the injured party can seek legal remedies for thesame. In the present report Monica HR assistant of Young & Ernst LLP is given advice relatedwith a contract entered with car dealership and legal remedies she can seek. Monica is presetwith the information related with role and duties of directors along with basis of unfair dismissalof employee of firm, which she can present to the directors in the meeting. Furthermore,provision on basis of claiming the damages under tort law along with limitations is presented inthe report.QUESTION 1Explaining meaning of Representation and how it is different from term of contractRepresentation:This can be defined as the statements that are discussed upon as negotiation beforeentering into a contract and are related with facts and presentation made during contractualnegotiation. The facts and statements are made to the receiving party in order to induce them toenter into contract1. It is normally made before or at the time of making contract may be presentin the agreement as well. This is an evidence of the information given with purpose of gettingsomeone to become party to a contract during its formation For the given case, the statementmade by Chandler, car salesman was a representation to Monica in order to induce her topurchase the car named as 2006 Ford Mondeo. Mere Representation and contractual term: Statements made during the negotiation time can amount to both representation orcontractual term. This depends on whether the party get influenced by the fact of information1Contractual term or representation. 2018. [Online]. Available through :<http://www.e-lawresources.co.uk/Contractual-term-or-representation.php>.1

presented or does it made a part of contract. It is important to determine the status of statementas representation or term on written agreement2. As for both cause of action and remediesavailable are different. If a statement amount to contractual term and same is not abided with,innocent party can sue for breach of contract. On the contrary if the facts presents are mererepresentation which turns to be untrue the innocent party can bring an action formisrepresentation. For constituting a statement as contract term or representation court looks into 4 factors whichcan distinguish between both the terms and with that legal status of the statement is decided:The parole evidence rule: in this it is defined that where the contract has been put intowriting the statements so made includes in contract will be terms of contract. On thecontrary verbal statements will be considered as mere representation. For the present casethere has been presence of written contract between the car dealership and Monica. Inthis type of cases, sales receipt itself is considered as contractual agreement which isimplied in this types of sales transactions3. The statement made Chandler was not parts ofsales deed hence this is not term of contract instead it was mere representation made bycar salesmen. Relative expertise of the parties: This could be elaborated as the expertise and keyknowledge about the product or service held by either of the party to contract. In casewhen it is formed through representor chances are more of it is replicated as contractualterm. Conversely, when representee possess more expertise knowledge it is more likely tobe a representation. This fact was established in the case of and was directly establishedunder Oscar Chess V William, 1957, as the statement related with the age of car wasmere representation and was not a term. In this case, facts were stated by Chandler toMonica regarding the status of care and being persuaded by his statement only Monicabought the car 2006 Ford Mondeo. Here, the representor have expertise knowledge as hewas the sales person as car showroom and must have full information about conditionsand positions of the cars along with working conduction. 2Davidov, G. and Eshet, E., 2015. Intermediate approaches to unfair dismissalprotection.Industrial Law Journal.44(2). pp.167-193.3Representation.2018.[Online].Availablethrough:<https://uk.practicallaw.thomsonreuters.com/4-501-4472?transitionType=Default&contextData=(sc.Default)&firstPage=true&comp=pluk&bhcp=1>.2

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