Solved Assignment on legal aspects of a business

Added on - 21 Feb 2021

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LEGAL ASPECTSOF BUSINESS
Table of ContentsINTRODUCTION...........................................................................................................................3LO 1 CIVIL AND CRIMINAL LIABILITY.................................................................................3Issue.............................................................................................................................................3Rules............................................................................................................................................3Application..................................................................................................................................4Conclusion...................................................................................................................................5REFERENCES................................................................................................................................6LO 2 OFFER AND ACCEPTANCE..............................................................................................7Issue.............................................................................................................................................7Rules............................................................................................................................................7Application..................................................................................................................................8Conclusion...................................................................................................................................8REFERENCES..............................................................................................................................10LO 3 LEGAL STRUCTURE OF BUSINESS..............................................................................11Issue...........................................................................................................................................11Rules..........................................................................................................................................11Application................................................................................................................................11Conclusion.................................................................................................................................12REFERENCES..............................................................................................................................13LO 4 EMPLOYMENT LAW........................................................................................................14Issue:........................................................................................................................................14Rules..........................................................................................................................................14Application................................................................................................................................15Conclusion.................................................................................................................................16CONCLUSION..............................................................................................................................16REFERENCES..............................................................................................................................17
INTRODUCTIONLegal aspects are mainly related to laws which is implemented on company so that theycan protect the interest of employees from conducting any civil and criminal activity. In respectof forming new companies, legal factor play the important role and also helps business tomanage their overall activity of the company (Fried, 2015). Business carry certain obligation atthe time of performing the duties in respect of employees or engaging in any other businessactivities. Thus, legal aspects are implemented by government to protect the rights of the citizenof country and also secure their interest to get fair decision if any conflict arises. In respective ofbusiness various rules and regulation are imposed so that they can conduct smooth working incompany and carry certain right regarding duty of care and can also punish in case of breachconduct by any of the party (Smits, 2017).Report will incudes the following case study which firstly is related to interpreting the civiland criminal activity are identified between the parties Bavin and John. The another case studyis related to the case of offer and acceptance in which the deal is determined between Georginaand Jeremy. In next part the case study explain the legal structure of the business which Maisie,Ola and Vinnie are planning to set up their online fitness app. At last the report ends up with theexamining the rules of employment law and wherever the person is treated as employee orindependent employee of the company.LO 1 CIVIL AND CRIMINAL LIABILITYIssueIn this case study, the issue arises as Bavin is the lorry driver which is driving the lorrywithout taking any break for 12 hours. As during the time of driving, he uses his phone throughwhich he collides with John which is the food delivery cyclist. Through this accident, John ishurt and also off from the work from several weeks. The impact from such week off is that hedidn't get any earning which affects his life. In this case study, the issue are interpreted in caseof Bavlin, as at the time of driving he cannot use the mobile phone as the incident is not somajor which cannot be overcome. But through this incident it hurts John which affects theirlivelihood.RulesCivil law:In case of civil law, the laws which deal with civil matters such as in case of breach ofany contract or to resolve any matter through compensation or not getting any crucial punished.
In such cases civil law is to be imposed (Adetunji, 2017). The matters through which the civil lawis proved is related to any personal injury, or any family disputes or breach in any contractterms either intentionally or without intention.In case study of A( A juvenile) V R (1978) In this case study, A mistakenly split on R raincoat which is a policeman. As the split can be easily removed and there is no serious damagesoccurs. In such perspective the situation is different that at the time of removing the stain thematerial is not sustainable or carry high charges for dry clean. In such cases it carry the civilliability to either compensate for the loss incurred or make adjustment regarding the issuearises.Criminal law:In case of criminal law, if any person commit any of the offences which affects the rightsof person on serious hazardous can be punishable under the criminal law. The cases related tocriminal law are linked up with conducting any crime intensionally (Lord, 2016). The matterswhich can provide the criminal activities are related to murder, rape, fraud or infringement to anyproperty intentionally.In the case of Andrews V DPP (1937) AC 576 the judgement is given by the house oflords as in this case Andrews drive a van from above its speed limits which results in overtookthe another care and hit the pedestrian and killed them (ANDREWS V DIRECTOR OFPUBLIC PROSECUTIONS: HL 22 APR 1937,2019). As in this case both civil andcriminal liability is to be imposed as the person is killed and through his rash driving, they arepunishable under the court. As in this case, the duty of negligence also arises as, Andrews hadto take care at the time of driving.ApplicationFrom the stated case, Bavin is the defendant and John is the plaintiff and the duty ofnegligence is examined by Bavin which they had to compensate to John by not taking care atthe time of driving. In this case Bavin is punishable under the civil law as they had tocompensate to John for the loss incurred. In case of civil law, they had to deal with disputeswhich Is faced between individual and such crime is not conducted intensionally (Kyei andSmyth, 2019). The judgement given under civil cases are related to punishment or mutualagreement between the parties before filling any serious suits in courts. This case study isrelevant to the case which is discussed under the A( A juvenile) V R (1978) as in this casestudy, A which is defendant had to carry certain duty regarding not splitting on any person. Inthis perspective it reflects the duty of negligence and also it affects someone rights. In this, the
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