Introduction to Business Law

This document provides an introduction to business law, focusing on contract law and tort law. It discusses a case scenario involving breach of contract and the implications for the parties involved. It also explores the Unfair Contract Act and its role in protecting parties from unfair terms and conditions. The document concludes with relevant case laws and their judgments.

Introduction to Business
Law

Table of Contents
INTRODUCTION...........................................................................................................................3
MAIN BODY...................................................................................................................................3
Case Scenario..............................................................................................................................3
1) Jeel and Kevin have heard from the university’s lawyer stating that they are in breach of
their contract and asking them what they intend to do about the students and their families
who are claiming compensation..................................................................................................3
2) Mandy, who has missed out on a very lucrative contract and is behind with her own work
because of the time she has spent in hospital. ............................................................................5
CONCLUSION................................................................................................................................7
REFERENCES................................................................................................................................8

INTRODUCTION
Business law is explained as the law which is being commenced by the legislative body
of a country for the purpose of maintaining the rules and regulations for commercial sector. It is
mandatory for business organisation to understand that they must follow every guidelines if
targets are needed to be achieved (Orlov, 2016). In context of the file, case law which will be
explained in which there will detail explanation about the laws related to contract law as there
will be number of situation where terms and condition of the contract will be breached in it. At
last suggestion will be provided in this case that how matter can be solved.
MAIN BODY
Case Scenario
This case is related with Jeel, Kelvin and Hillingdon University. Jeel and Kelvin had
started the business of catering services where they provide high quality of food services as per
the requirement of clients. They entered into the contract within Hillingdon University that
company will be in charged of catering service on 7th of August as they are going to conduct
graduation program for some of the students and guest who are going to attain the function.
After the completion of program it was found that lots of people become just after the day
of attaining the business. Now, company Jeel and Kelvin is denying to pay any of the
compensation just because they had already prepared the contract in which it was written that
“Uxbridge Gourmet Catering will not be responsible for death, personal injury, damage or
loss due to any act or default of its employees or any other cause whatsoever.” In addition,
they also denied to Mandy who suffered the most just because of having unhygienic food and
now she wants the claim from university or either the catering company.
1) Jeel and Kevin have heard from the university’s lawyer stating that they are in breach of their
contract and asking them what they intend to do about the students and their families who
are claiming compensation.
It is one of the issues which is creating lots of problem for both Uxbridge Gourmet
catering Ltd and Hillingdon University. Jeel and Kevin are very clear about each and every
thing because they had clearly mentioned that company will not be liable for any of the mistake
which they have performed within the organisation (Erasmus, Strydom and Rudansky-Kloppers,
2016). According to the formations of a contract, it is necessary to understand that they will not

compensate any of the person and it becomes the liability of university to compensate each and
every employees. Here, company is trying to make clear that the contract which has been formed
was not as per the requirement of law because unfair activities were performed in it.
Contract law: It is defined as the law which help to or more then to party to make
relations for the purpose of attaining specific objectives within the given time period. Whenever
any of the party enter into the contract it becomes necessary for them to understand that they are
needed to complete any of the work within the given time period. It is mandatory to comply with
the rules and regulations and if in any of the situation party fails to comply then legal action can
be taken and even it will fall under the category of breach of contract.
Whenever any of the situation occur which are related with the breach of contract then
legal actions can be taken easily in which the defaulter party may have to compensate the
innocent party by looking the situation of a court (Davies, 2017). In addition, there are number of
elements which are needed to be considered while entering into the legal contract and if in case
any of the element are not considered then contract will fall under the category of void ab initio
which means not a valid contract from the beginning. The elements which are needed to be
considered is an offer, acceptance, intention to create legal relationship and consideration. In the
above case, the contract has been signed between Uxbridge Gourmet catering Ltd and
Hillingdon University to fulfil all of the basis requirement which is connected with serving the
high quality food to the guest who attain the program of graduation.
Unfair contract act 1977: As per this respective law it can be easily determined that any
of the person who will try to includes some of those terms and condition in the contract then in
that situation contract will not be valid. The main purpose of this respective law is to make clear
that in any of the situation person will not be allowed to enter into those contract whose terms
and condition are totally against the law just for the purpose of personal benefit. The contract
which has been formed between both the party was totally against the law where it created lots of
problem because it doesn't allow to earn the profit which company was willing to earn just
because of null and void contract. The clause which has been prepared by Uxbridge Gourmet
Catering Ltd is completely against the law where they were not clear about the terms and
condition.
As reputation of a University was hampered just because of this respective case due to
which it become difficult for the University to provide the services which they want to give to

their guest who are attaining the program. In this respective case, University will be able to sue
Uxbridge Gourmet Catering Ltd where they will have to compensate university for the
inconvenience which they had to face at the time of event (Cameron, 2017). Even in this
situation they are required to understand that they are never allowed to enter into any of those
contract which the element of legal contract are not considered in any of the situation.
Similar Case law
Case: Holman v Sherwood
Facts: This was one of the case where software making Sherwood International Group Ltd
entered into the contract with Holman Group Ltd. They had entered into one of those contract
where lots of clause were included which means that company should be held personally liable if
any of the those situation occur future period of time.
Judgement: The judges of this respective case decided that the clause which has been prepared
by the Sherwood International Group at the time of entering into the contract were not valid as
they were unfair for one of the party. So by looking at this situation, judges decided company
must compensate the Holman Group Ltd for the inconvenience they had to face.
2) Mandy, who has missed out on a very lucrative contract and is behind with her own work
because of the time she has spent in hospital.
This is is the situation were two party has entered into the contract but due to the failure
of their contract third party has to suffer in this respective situation. It is important to understand
in this situation that company Mandy who was hospitalised just because of the mistake done by
Uxbridge Gourmet catering Ltd (Hjelmeng and Søreide, 2017). The way in which Jeel and Kevin
is denying for compensation is completely against the law and they are needed to understand the
situation. Here, Mandy will have the option to sue to the organisation if in case they doesn't
provide the compensate to the one who suffered after attaining the program.
Law of Tort: It is a civil wrong where third party has to suffer just because of the
problem created by the first party. This types of mistakes are done by the party without having
any of the intention to create legal problem but still other people have to suffer in it. It falls under
the category of private wrong in which legal rights of an individual or even of group is
contravenes (Stim, 2018). The one who is engaged in this types of activity is known as Tort-
feasor which means the person who perform their task wrongfully. There are basically three
different types of tort and they are intentional tort, negligence, strict liability. In intentional tort,

although entered parties are very clear about the work with they perform but still they perform
those activity which create unnecessary problem for the third party. Whenever any of this
situation occurs then it falls under the category of breach of contract and case can be easily filed
under civil wrong where defaulter will have to fully compensate the innocent party. Secondly,
while talking about negligence, the intention of a person who is performing the task is not to
perform the default but still they were not able to perform as per the requirement of law due to
which they are needed to compensate the innocent party (Perry-Kessaris, 2016). Lastly, Strict
Liability in which it becomes necessary for them to compensate the party whether their was any
intention or not to harm the party but still it is necessary to do compensate.
In the above given case scenario, it is found that company does not have any of the
intention to create the legal relation within the university and even they are willing to earn the
profit out of it (Trad and Kalpić, 2016). That was one of the case where intentional tort has been
performed. Here, company had the intention to create contract which is viod ab inition in itself
and doesn't provide any of the benefit to the party. Although, number of guest appreciated the
company for meeting out the requirement but still it is necessary to understand that they are not
allowed to perform any of those task which directly affect the health of other people.
TORT ACT for compensation: This act simply help to develop the situation where any
of the people who have perform their work wrongfully needed to compensate the innocent party.
It simply helps to reduce the problem which are being created on regular basis. The main reason
due to which the formation of this respective section was important because it simply helps
business organisation to reduce the default which they had performed. In the above case the main
victim was university and Mandy who has to suffer from multiple problem just because of the
work performed by Uxbridge University (Tucci and et. al., 2016). So in the present case
scenario, the victim who is in hospital because of consuming the food, if this could have had
appeared before going for Tort law then she could have had taken compensation from them as
per requirement of her treatment and loss of pay as per required by victim to get perfectly
healthy. In addition, company is also required to understand they will not just have to
compensate the innocent party but they will also have to focus on guest who had to suffer in that
respective party and even they must be paid the compensate amount for this respective case.

CONCLUSION
From the above file, it can be easily concluded that Business law is crucial for business
organisation where they are needed to follow all of the guidelines. Whenever any of the party
enters into the contract they are needed to ensure that all of the elements have been considered in
it. Whenever any of the party have the intention to add on the clause which are against the law
then in that situation company will fall under the category of unfair contract act in which
company will have to compensate the party for damages.

REFERENCES
Books & Journals
Orlov, V., 2016. Introduction to business law in Russia. Routledge.
Erasmus, B., Strydom, J. W. and Rudansky-Kloppers, S. eds., 2016. Introduction to business
management. Oxford University Press Southern Africa.
Davies, P.G., 2017. European Union Environmental Law: An introduction to key selected issues.
Routledge.
Cameron, P., 2017. International energy investment law: the pursuit of stability. OUP Catalogue.
Hjelmeng, E. and Søreide, T., 2017. Bribes, crimes and law enforcement. European Business
Law Review. 28(1). pp.19-40.
Perry-Kessaris, A., 2016. Global Business, Local Law: the Indian legal system as a communal
resource in foreign investment relations. Routledge.
Tucci, C. L. and et. al., 2016. When do firms undertake open, collaborative activities?
Introduction to the special section on open innovation and open business
models. Industrial and Corporate Change. 25(2). pp.283-288.
Trad, A. and Kalpić, D., 2016. The E-Business Transformation Framework for E-Commerce
Architecture-Modeling Projects. In Encyclopedia of E-Commerce Development,
Implementation, and Management (pp. 733-753). IGI Global.
Stim, R., 2018. Music law: How to run your band's business. Nolo.