Law For Business Managers - Assignment
Added on 2020-10-05
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Law For Business Managers
Table of ContentsINTRODUCTION...........................................................................................................................1MAIN BODY...................................................................................................................................1Meaning of representation and difference with the term of a contract...................................1Dismissal from employment...................................................................................................2Duties governing the Directors of the company.....................................................................4Principles regarding the award of damages in the Law of Torts............................................6CONCLUSION................................................................................................................................7REFERENCES................................................................................................................................8
INTRODUCTIONLaw plays an important role in business activities. Law are implemented on managers,owners and employees who are engaged in their business activities and deal in internal andexternal part of their business transaction. Laws related to business helps the management teamto work and behave ethically, has the power to resolve the disputes that arise between theemployees and protect the rights and liabilities of the persons who are dealing with theirbusiness. Present report is based on Monica who is working on large firm as a post of Humanresources Manager in Young & Ernst LLP. The case study rounds around two cases, First one isbetween the Monica and chandler who is car salesman. And second one is between the Ross,Monica brother and Joey who is injured by Monica car. Report will include the meaning of representation and its distinguished with the term ofcontract. It also includes various laws which Monica has to explain to the board of directorsregarding the dismissal from employment which is unfair in terms of law. Further it includes themain duties of directors which Monica had to explain to the new members of the board. Lastlythe report ends up with the principles that govern the award of damages in the Law of Torts. MAIN BODYMeaning of representation and difference with the term of a contractRepresentation refers to a statement which relates to a fact which presents all thecontractual terms and negotiations which apply to all the parties involved into the contract.Representation is used in context of any express or the implied statement which is made by anyof the parties relating to the contract regarding a particular fact or situation (Siedel and Haapio,2016). In the case study the representation is when the lady Monica expressing her feeling to buythe car is the representation. For this she represented that she has to buy a new car but she needsa second hand car for this she goes to local second hand car dealership. Misrepresentation is one of the major reason for the law of Tort coming into action. Amere representation is a type of statement which is made at time of negotiation but it is notnecessary that it form the part of contract or not. If the mere representation is breached then t willnot give rise to the contractual liability. It is a set up wherein the party to a contract has made arepresentation of the fact which is represented in such a way that the other party is induced toenter into the contract but is not intended to form part of the contract. The mere representation1
are the statements which does not form part of the contract but rather it induces or encourages inhelping in the contract accomplishment.The terms of the contract refers to as the duties which each party has to perform under thelaw of contract (Kraakman and Hansmann, 2017). Generally there are two types of terms ofcontract. Firstly the express terms which means that these terms are laid down by all the partiesaccording to their suitability and convenience. Whereas the implied terms are added into thecontract by the law or the court which are implied on the contract according to the nature of theagreement and the conduct of the parties involved in to the contract. The mere representationdiffers from the legal effects of the contractual terms in the following ways - The contractual term is only a provision which forms a part of the contract whereas themere representation is a statement including the facts which does not amount a term of thecontract rather it is one that the maker of the statement does not guarantee the truth.The term of contract refers to as the expression which shows or demonstrate thewillingness of the parties to agree or to abide by the obligation which is either part of the contractor has a contractual effect. Whereas the representation is the inducement encouragement topersuade the other party to enter into the contract where there is no term, no contract or not anycontractual effect or the obligations.The breach of term gives rise to the contractual warranty and also gives insight todevelop a remedy for solving the damages. Whereas in the representation the breach of the mererepresentation leads to non- contractual remedies and it is very difficult to obtain solutions to thedamages. The terms of contract establish the parties with their individual and respective rights,duties and obligations which comes under the contract (O'Leary and Sandberg, 2017). Whereasthe representations are the statements of fact including the concerning matters which are inexistence at the time the contract is entered into with the involved parties.Dismissal from employmentEmployment refers to as a relationship between two or more parties where the relation isbased on a contract where one party that is either company, not for profit organisation,cooperatives and any other entity which runs to earn profits and on the other side is theemployees who are paid for the services which they provide to the organisation. The employeeswork with the sole expectation of payment which may either be in the form of the hourly wage,2
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