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Law for Business Manager Assignment

   

Added on  2020-12-29

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Law forBusiness Managers

Table of ContentsINTRODUCTION...........................................................................................................................1MAIN BODY...................................................................................................................................1QUESTION 1...................................................................................................................................1Doctrine of vicarious liability....................................................................................................1QUESTION 2...................................................................................................................................3Main forms of business mediums and their advantages and disadvantages...............................3QUESTION 3...................................................................................................................................5Main forms of finance available to companies and advantages and disadvantage of each ofthese form....................................................................................................................................5QUESTION 4...................................................................................................................................7Applicability of Doctrine of Frustration on the contract between Ken and Mike's company andLiz...............................................................................................................................................7CONCLUSION................................................................................................................................8REFERENCES................................................................................................................................9

INTRODUCTIONManagers are the essential part of business organisation. In this regard, it is important formanagers to control and monitor the activities of the managers as to prevent the business fromany fraud or misconduct of managers and maintaining smooth management system in the overallbusiness organisation. Present project shows appropriate solution for some business problems onthe basis of relevant laws and previous judgements. It provides information about vicariousliability and doctrine of frustration under contract law. Further, the study also shows varioustypes of business mediums along with their advantages and disadvantages. Moreover, the studyprovides a brief description of numerous forms of finance that are available for companies inorder to meet their financial requirement along with their advantages and disadvantages. MAIN BODYQUESTION 1 Doctrine of vicarious liabilityIssue:Criminal and civil proceedings available for Ken against Grant or the bus company.Rules:Contract law: Contract law in UK deals with monitoring and controlling variousactivities in context with the any agreement made between two or more parties to the contract.Contract Act 1999 contains various rules that prevents the individuals or corporate or any otherparty from any fraud or misconduct from the agreement.Relation between employer and employee: As per the rules of contract law, employerand employee have a relation of agents and principles. Employers act as a principle andemployees are agents of them (McLellan and Frederick, 2017). Due to this relation, employersare held liable for each activity performed by the employees during their employment. Breach of duty: It refers to not performing the action as per the legal duty or legalresponsibility. As per the rules mentioned n contract law of UK, each person have duty towardsanother person. Further, there are some situations in which third party can be held for the breachof duty of a person. For example, if employee breaches any duty during employment, theemployer can held liable for it. Further, any person acting as an agent breaches any law or duty,the principle can be held liable for the breach. 1

Doctrine of Vicarious liability: Vicarious liability is a civil liability of employersagainst the actions of their employees (Stevenson, Rowbotham and Lowther, 2015). Contract Act1999 contains clause relating to the vicarious liability. It refers to liability of the employertowards the employee's negligence or improper performance of employees at the time of theiremployment. As per this rule, employer is liable for each commitments and actions of theemployees.Doctrine of vicarious liability says that employers are strictly liable for each breach of contract,breach of duty or any other breach conducted in the course of action relating to theiremployment. Law:In the Majrowski v Guy's and St Thomas's NHS Trust case, an employee of the trustwas harassed by the manager. Employee filled a suite in the court for helding the employer liablefor unlawful action of manager. The court held the employer liable on the ground that bothemployer and employee i.e. manager are closely related to each other. Further, as the wrong andunlawful act was being performed during the course of employment (MAJROWSKI V GUY’SAND ST THOMAS’ NHS TRUST: HL 12 JUL 2006, 2018). The decision was held om the basisof vicarious liability in context to the breach of negligence and breach of duty. Applicability:The above rules of contract law, and the previous judgment are applicable over thepresent case scenario. Grant Mitchell is an employee of a bus company. Therefore, it can beanalysed that there is a principal agent relation between them. Grant knocked down Ken in thehurry of reaching the bus company. As the law provides duty of each person to protect theinterest and provide safeguard to another person, it can be analysed that there is breach of dutyby Grant Mitchell towards Ken. Further, due to the employer employee relation between Grant and the bus company, lawrelating to the vicarious liability can be applicable over the present case scenario. Further, byapplying the present case scenario, it can be analysed that employer are liable for any unlawfulaction or commitments or any breach or duty or contract made by the employee duringemployment. Conclusion:2

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