Law for Business Managers

Law for Business Managers

Table of Contents
INTRODUCTION...........................................................................................................................1
MAIN BODY...................................................................................................................................1
PART 1............................................................................................................................................1
PART 2............................................................................................................................................3
PART 3............................................................................................................................................5
CONCLUSION................................................................................................................................7
REFERENCES................................................................................................................................9
.......................................................................................................................................................10

INTRODUCTION
Law is system that consists different type of rules and regulations that are formulated by
social and governmental institutions to regulate the conduct of individuals and other institutions
persist in society. The main aim behind creating such laws is to govern the activities of society
needed to perform in day to day functioning. It is of different types and known as civil, criminal
and corporate laws. The rules that governs the activities related to functioning of businesses are
covered in corporate law (Allen and Kraakman, 2016). It includes the rules and regulations from
the very starting, running and closing of business activities. The other areas which are also
covered under this law are contract, employment, intellectual property, real estate, bankruptcy
and so on. The main aim of this report is about ascertainment of governing power of the different
laws over the different activities, promises and business functions.
The aspects which are covered in this report includes ascertainment of the binding nature
of the different promises under law, determination and explanation of the doctrine of tort for the
purpose of understanding the liability of Extortionate Plc over the injury of Samantha’s and
identification of the main features of artificial personality.
MAIN BODY
PART 1
Ascertainment of Enforceability of promises
According to law, promise is an agreement that happens in between the two parties
regarding execution or refraining from the performance of some act and making or restricting a
payment of delivery. The two different parties involved in any kind of promise are called as
promiser and promisee. Any promise which is done in written form is known as agreement. It
becomes covenant after affixing the seal (Siedel and Haapio, 2016). There is nothing lawful in
between the promise. It is just a promise by the one party to another in consideration of some
aspect in return. In the current case, three different promises are made by the different parties.
Sergio is the one who made promise to his son, secretary and Natasha (Stim, 2018). In
performance of the stipulated act in promise within the defined period of time, promiser provide
money to promisee's. Currently, there is no legal aspect present in such promises. There are
certain aspects which are needed to perform regarding creation of these promises in legal binding
nature. It is also determined that legality of any promise is not depends upon the matter that
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promise is made in oral or written form. The aspects which are main to have in any kind of
promise to made it in legally binding nature are described below:
 The involvement of consideration is must in any kind of promise to create the liability
over promiser. So, this states that this is the most effective component to made valid
promises otherwise without consideration there will be no legality of any promise
(Sullivan, 2015).
 If any kind of promise is conditional then it is must for its completion before the
occurrence of any type of binding effect. This depicts that is promise has some condition
than must required to provide preferential importance.
 To made the valid promise there is requirement for the involvement of 2 parties i.e.
promiser and promisee. This is the situation when any promise is called as appropriate or
legal in nature.
 To made any promise legal required to have mutual consent of both the parties.
Otherwise the promise does not have any legal binding over any party.
 The promise must be specific and definite. Also, not persist any condition which is vague
in nature. So, it is must to remove the same before its occurrence to made it legal.
 The enforceability of the promise is also based upon the aspect of best interest for the
purpose to made it legally binding (Tari Schreider, CISM and CISO, 2017).
It is determined from the above analysis of the provisions that fictitious promises are also
considered as implied if conditions are fulfilled. The aspect of enforceability is must to create as
this will provides an opportunity regarding avoidance of any situation related to conflict or
injustice between the parties. The three different questions has promises by Sergio to the three
different individuals by specifically mentioning about consideration in return;
According to the case of Grange Vs. Abellio London Ltd., ascertained the declaration
from the side of EAT that employer must provide rest break to employees regardless demanded
by employees or not. It is also mentioned that rest break will be refused if employer made the
conditions where not allowed to take the rest for more than 20 minutes of time period. Also,
mentioned in the judgement that employees are not to be forced to take the rest breaks so,
employer has the duty to made the arrangements that rest must be taken by the employees. So,
the current case where consideration is paid to work in lunch hours is not justified or legal in
nature. So, the promise made has no legal enforceability in future.
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