This report discusses the roles of government organs, limitations on specific performance, differences between partnership and company, and ethical employee dismissal. It provides insights into the importance of business law and ethics in making informed business decisions.
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Table of Contents INTRODUCTION...........................................................................................................................3 MAIN BODY..................................................................................................................................3 Discuss the roles of each the three main organs of government:................................................3 Discuss the remedy of specific performance and the limitations imposed by the courts on this form of relief, with reference to relevant case law and legislation..............................................4 Discuss the differences between a general partnership and a company with reference, in particular, to separate legal personality and limited liability.......................................................4 Discuss how an employee can be dismissed at law from an ethical perspective.........................5 CONCLUSION................................................................................................................................6 REFERENCES................................................................................................................................6
INTRODUCTION Business Law and ethics are the topic important terms which is required to be performed at the time of making any business decision. In order to make any of the decision, some sort of knowledge regarding legal should be there for making work easier and faster. In any of the circumstances, goals can only be achieved if proper planning has been done by the person or organisation as per the requirements of a law. In this particular report, Samuel is one of law student who is pursuing his internship from one of the law firm knowns as London Law LLP. During the course of internship, he has to spend his time in different field of law for understanding the law and legal language in detail. MAIN BODY Discuss the roles of each the three main organs of government: In any of the nation role of government is quite crucial as they are the one who can allow themselves to perform better for attain the goals and uplifting the economic condition of a country. There are hundreds of work which is to be performed at a regular basis so it is essential to divided the job role manner. In the same manner, UK government has three different organs which has been assigned some of the duties and responsibilities to perform any of the work so that goals can be accomplished. The main organs of government are Executive, Judiciary and Legislature. In context ofExecutive body,it is related with the management of day to day affairs so that work can be managed easily. This particular body is managed by MPs as well as different authorized body of a government (Jones, 2018). It is among that respective organ which has the right to give suggestion to legislature regarding the law which can be easily introduced for the welfare of human society and others. On the other side,Judicial Bodyis among equally important because they have the right to decide who is innocent and guilty. This particular sees the case where there has been a breach of law. In any of the circumstances, the judicial body has to follow the procedure which has been provided by the legislative body(Armour and et. al., 2017). This organ of government has the role to overview the civil as well as criminal case and sort them out in best possible manner. Even they have the responsibility to sort of the case in short duration so that list of pending case can be reduced as much as possible. Some of the famous cases where judicial body has given its judgement are like Lennard's Carrying Co Ltd v Asiatic Petroleum Co Ltd 1915, Adam v Ward, 1917 and many more. The last and important
organ of government isLegislature. This is the body which has been given the power to form the laws and regulation so that all of the work can be performed in a systematic manner (Arrowsmith, 2018). This particular body has to take final approval as per Royal Assent Act 1961. Any of the law which has been commenced must be with the accordance must as per the requirement of community. But the main thing which is required to be understand is that human rights should not be affected by the law commenced by legislative body. Some of the important law which has been formed by legislature are Companies Act, 2006, Employment law and many more. Discuss the remedy of specific performance and the limitations imposed by the courts on this form of relief, with reference to relevant case law and legislation. Law has been commenced so that any of the person don’t get suffered and even chances of attaining the goals can be achieved. There is certain power which has been given to court in order to resolve the case in best possible manner. One of the law which has been commenced is Contract law where government has to perform the specific role and give their judgement so that target can be accomplished. As per contract law, parties has to enter into the contract and according to that they are required conduct their part of contract. Here, any of the party don’t have the right to breach the terms and condition because it may create legal issues as well. The relief which court has to provide is by declaring its judgement on the case. Government can either bound the party to perform their part of work, within the specific time limit. This types of situation mainly occurs in the case where subject matter is unique in itself. Or else they pass the order of giving remedies to the innocent party. One of the famous case which is relatedwith specific performance isRyan v Mutual Tontine Westminster Chambers[1893] 1 Ch 116, where court decided that work must be performed because remedies might not fulfill the situation of the case (Barnett, 2017). Discuss the differences between a general partnership and a company with reference, in particular, to separate legal personality and limited liability. It is crucial to understand that Company and Partnership, both are the form of business entity which is being performed for the purpose of attaining the goals within the specific time period. In order to understand the concept of it, it has been further discussed below in detail.
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General Partnershipis form of business organisation which has been established for the purpose of providing benefit to small investor is known as general partnership. In any of the situation, the liability of the partners will not be limited in it and losses can be easily recovered from them. For paying of the losses, partners might have to bring their personal assets as well. The requirement which is needed to be followed for the commencement is quite less as compared to other form of business. Any of the partnership firm can have only members up to 20. Companyis form of entity which has been established as per the requirement of Company law is knows as Company. In this form of business, the members who has been involved in the business will have the limited liability. i.e., equals to the amount of investment (Blanco and et. al., 2016). There will not be any of the requirement of for investor to give additional amount of money to pay of the debts of an organisation. Detail procedure is required to be followed in it which will incur higher charges. No such limit is available for this types of organisation as any of the person can become the part of company by purchasing the share through London Stock Exchange Discuss how an employee can be dismissed at law from an ethical perspective. In any of the organisation, the relation of employer and employee plays the crucial role in obtaining the specific goals. This relation is mainly maintained with the help of Employment law where guides are mentioned for both employer and employee which they must have to consider. Some of the important guidelines of employment law is regarding the duties and responsibility of employee and how they are required to work within the premises of an organisation. In any of the condition they must not breach the law(Freeman, 2016). In context of employer, they are the one who has to understand that they will have to pay equal amount of wages to employee working on the same post.Secondly discrimination should not be done with them and finally without having any of the valid point they must not terminate their employees. It is necessary to understand that there are some of the ethical ways and procedure through which any of the employees can be terminated from the organisation. Whenever any of the statutory requirement is there then employee can be terminated. Order passed by the judges can help to remove the employees. Whenever any of the employee didn’t perform the work as per the requirement of organisation. Sometimes even after providing training, employees are
unable to perform their part of work then they can be terminated from the company ethical. Even employee can be terminated ethical with the help of retirement policies as well. The case where employee has been terminated from the organisation is between Denco v Joinson Ltd 1991. It is because Mr. Denco tries to access the personal information of the organisation without obtaining the permission(Denco Ltd -v- Joinson. 1991). CONCLUSION After having the detail analysis on the file, it can be easily concluded that it is essential for the student of law stream to have knowledge about several background. It is will allow to solve any of the case which come across them. In any of the circumstances, the decision which are made by the different organs of the government must be followed. In any of the condition, employee cannot be terminated from the organization through unethical way as it will be against the law. REFERENCES Armour, J. and et. al., 2017. Private enforcement of corporate law: an empirical comparison of the UK and US. InEnforcement of Corporate and Securities Law: China and the World(pp. 241-287). Cambridge University Press. Arrowsmith, S., 2018.The law of public and utilities procurement: regulation in the EU and UK. Vol. 2. Sweet and Maxwell. Barnett, H., 2017.Constitutional & administrative law. Taylor & Francis. Blanco, E. and et. al., 2016. Litigating extraterritorial nuisances under UK common law and UK statute.Transnational Environmental Law,6(2). Freeman, P., 2016. The Role of Competition Law in UK Competitiveness.Competititon LJ,15, p.179. Jones, B. C., 2018. The rule of law in UK public law textbooks: from critique to acceptance?. Forthcoming in Public Law. Online DencoLtd-v-Joinson.1991.[Online].AvailableThrough: <https://www.swarb.co.uk/c/eat/1991denco_joinson.html>