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Law for Business Managers: Representation, Dismissal, Director Duties, and Tort Damages

   

Added on  2020-10-22

13 Pages3760 Words196 Views
Law for Businessmanagers

INTRODUCTION...........................................................................................................................1MAIN BODY...................................................................................................................................11. Meaning of “representation” and how it can distinguished from term of contract.................12. Grounds on which dismissal from employment would be unfair...........................................23. Duties of company directors...................................................................................................44. Principles governing award of damages in law of tort and ways of limiting these damages.6CONCLUSION................................................................................................................................7REFERENCES................................................................................................................................7

INTRODUCTIONLegal laws for business managers are consider as commercial and trade laws which isapplies by them while running their entity in order to control probabilities of mistakes or errors.Basically, it is often seen as branch of civil law which deals with matters of both public as wellas private law. In fact, numerous of regulatory schemes are designed for managing commercespecially employees versus customers (Horrigan, 2010). Therefore, this project is going tohighlight the term contract and representative for understanding the difference between these twowith the help of example which is related with Monica case. Furthermore, various grounds ofemployment dismissal are explained in the project. Along with this, necessary duties of directorsare also outlined in the report for suggesting Board members where Monica is working. At theend, some of the necessary principles will explained related with damages and ways of limitingthose damages. MAIN BODY1. Meaning of “representation” and how it can distinguished from term of contractAccording to given case study, Monica have just begins her job as human resourcemanager at a large organization of accountants known as Young & Ernst LLP and now lookingfor new car. Thus, she visited to a local second hand car dealership which is named as Cars R Uswhere she has noticed the 2006 Ford Mondeo. Therefore, Monica tells to the car salesman thatshe doesn’t having much more knowledge about cars but she is looking for an affordable car forher office use. As a result, salesman of car enforces her that today is a very lucky day because2006 Ford Mondeo is absolutely most suitable car for her over the world. Hence, Monicapurchases the car by having faith on dealer and entered into a contract (Rosenbloom, 2018). By analysing the entire situation, it has been understood that Chandler who is a carsalesman is consider as a representative of local car shop who is responsible for showing thevehicles to the end users in order to encourage consumer for buying certain car. In simple terms,presentation of facts through words or by conducting any activities to another person is knownrepresentation. Basically, information is presented by an individual through several methods isknown as agent in legal terms. It means that person is responsible for providing informationabout certain products and services. Mainly, representative is acting on behalf of specificorganization or principal for accomplishing their set targets in a defined time frame. Hence, as1

per the given case study Chandler who is a salesman of local car dealership is responsible for thedamage of car and Monica will definitely have a right to sue him if there is any damage becauseentire facts or figures about vehicle is explained by him to the customer. This shows that dealerof car is consider as representation of an organization in front of end user in order to grab theirminds towards selected product or services which is offered by an association. On the other hand, contract is a legal term which covers all the necessary conditions thatgives warranty in an agreement. However, terms in a contract is totally legitimate which helps incontrolling probabilities of heavy loss and safeguard the customer from getting misused (Ye,LawGuand Chen, 2011). After understanding the meaning of both the terms such as; representation and terms ofcontract it has been analysed that both are distinct from each other in various manners. Forexample; terms of contract provides warranty in any agreement as well as control the chances ofloss whereas in representation there is absence of any guaranty upon truth. Hence, according togiven case study Monica doesn’t know about term of contract and buy the car by believing onrepresentative of association. As a result, she can sue only car dealership instead of companybecause she hasn’t any term of contract and absence of legitimate bodies (Snigdha, 2018). Basically, contractual term is cover all the necessary terms and conditions under legalActs which includes several elements such as; offer, acceptance, undue influence, absence ofminority, consideration, terms and conditions. All these factors are signed under legal laws forminimizing possibilities of fraudulent activities that might incurred during entire circumstances.In fact, there are number of cases are identified as same as Monica in which representative sellthe product without involving customer in a legal terms of contract. For example; Adams vLindsell (1818) 1 B & Ald 681, 6/64 Falminio Costa v ENEL [1964] ECR 585 and many morecases are there which shows the significance of contract terms. Apart from this, there are numberof other situations are incurred where representation and terms are distinct from each other(Adams v Lindsell, 2018) . 2. Grounds on which dismissal from employment would be unfairAs per the given scenario, Monica is working in Young & Ernst LLP where she is humanresource manager and going to attend meeting in order to resolve two major issues. First issuewhich is raised is that board members are unhappy with employee at workplace due to whichMonica have called by them for asking best suggestion in this situation. According to Legal2

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