Legal Issues in Business Law: A Case Analysis

This report analyzes a case scenario to identify legal concerns in business law, including contract law, labor law, and tort law. It discusses breach of contract, serious misconduct, and nervous shock, and provides relevant case law and legal principles.

Law Assessment
Contents
INTRODUCTION.......................................................................................................................................1
MAIN BODY..............................................................................................................................................2
CONCLUSION...........................................................................................................................................5
REFERENCE..............................................................................................................................................6

INTRODUCTION
Laws are characterized as a set of regulations which are promulgated by the governing bodies
for the aim of maintaining better functioning in society, including both individuals and corporate
institutions. The delivery of fair justice in society can be ensured by the designing of the
necessary laws, as they constrains the behavior of persons and can also make them liable to
specific duties as a result of non-compliance. The business law is a civil body that is further
comprised of numerous laws that aid in the regulation of firm’s activities in one or another
way(Reddy, 2020). The Corporate law, contract law, and labor laws are three such important
legislations. Every contracts resulting from business transactions are claimed to be governed by
the nation's contract laws, whilst the company law is in charge of managing the operations and
actions of corporations, as well as their formation and dissolution processes. Furthermore,
here an attempt has been made to identify the numerous legal concerns by implementing the
relevant laws to the given case scenario through the aforementioned report.
MAIN BODY
The law of contract, tort, and labor are the ones which apply to the concerns of the case
analysis. As demonstrated in the case, the restaurant's owner, Ross, seeks to expand their
network of organic grocery stores by adding a range of organic beef to their menus. Ross
addressed the owner of Red Gate Farm for the same goal, but due to a lack of acceptability, they
were unable to make a legal arrangement(Zuppi, 2020). After some time, Ross and the owner of
High Hill farm got into a legal agreement for the delivery of organic beef for a two-year period.
After some time, Ross discovered that the beef which has been delivered was not of organic
grade, but had been processed with chemical fertilizers and pesticides. Ross contacted the owner,
named Chandler, and requested that the contract must be terminated on the said basis. Because of
not hearing from Chandler for a long time, Ross went straight to Chandler's farm to speak with
him about the cancellation of contract. For the same reason, he asks one of his employees,
Monica, to drive him to the chandler's farm as he is unable to drive due to alcohol intake. Later at
the time of entering the farm the car gets involved in an accident as it approached the Chandlers
farm, causing injuries to both Ross and Monica. Also, after seeing the event, Chandler's wife,
Phoebe, was put into a state of nervous shock. From the given case context, one can deduce the
variety of legal issues that stands conferred from the case for the applicability of the different
laws. Out of which some of the most important and primary legal issues are as follow –
 Whether there occurs the breach of contract on the part of Chandler?
 Can Monica be fired for the reason of serious misconduct?
 Is Monica responsible for the act of damage of nervous shock to Phoebe?

In the primary legal question, it falls into the realm of contract law. Any kind of legal agreement
or transaction entered into by the parties to fulfill part of a promise. The contract arises from the
parties' intentional commitment to not infringe the rights of the person and to prevent undue
enhancement of the person. In addition, the validity of a legally valid contract requires the
fulfillment of that particular key element. Offerings, acceptances, consideration and legal will are
the four important fundamentals of the contract law(FBA, FBA and Cartwright, 2020). An offer
is referred to as an offer from one party to the other and the specific terms that accompany it.
Simply put, at this stage, offeror express their intention or intent to reach a legal agreement with
others. Then there is the acceptance that takes place when another person accepts the condition
in the equivalent way that the recipient requested. According to general acceptance rule, this only
happens when the provider is notified. Communication can be in any form, implicit, explicit,
written or verbal.
Other necessary element is consideration. It is ordered to anything which carries some worth to
the court's eyes. Usually, the related considerations always lie either in financial value or in the
form of a particular implementation(Klee, 2018). It is also considered to be able to further
develop components that can be mounted by the provider, what to create offers. Other significant
factors are legal intention. This underscores the reality that the parties to the contract have the
legal intent to obtain the obligatory outcome of the contract. It also argues that the individual is
free will and therefore must be part of a legal agreement while not mentioning the facts
manipulated. National contract law also includes the number of damages and claims available to
the party suffering damages as a result of the breach.
In addition, for the given facts of the scenario, it may be determined that there happens the
falsification of data at the part of Chandler with respect to the delivery of stated organic beef as
in reality it was made while using the chemical fertilizers. Furthermore, on the ground of
misrepresentation there may be set up that there occurs the breach of contract among the
concerned parties which are the Ross and Chandler(Haines, 2018). Besides this, an agreement
fabrication is taken into consideration to be made whilst one party gives wrong or fake data to
the opposite party. By doing so, the fundamental component of the agreement stands not met,
which renders that the agreements which have been set up need to be freed from any
inconsistencies or obscurity a good way to keep away from the prospect of fabrication. As an end
result, contracts may be terminated if later proof of misrepresentation or manipulation of
statistics is discovered. Simply put, its miles a way of presenting incomplete or erroneous data to
the concerned individual. In this case, the indignant party which is the Ross is entitled to view
the redress or to terminate the contemporary agreement.

In the case of Bisset v. Wilkinson from 1972, the court of justice concluded that there has
been an detail of distortion of data within the case due to the fact the accused`s declaration
regarding the real number of sheep at the sold belongings which is the property stand no longer
the proper data. Likewise, in the other case of Derry v. Peek, the court cited that the accused's
legal responsibility or duty needs to be established for the matters of deception. As an end result,
in all instances in which a person's proper purpose is to take part in cheating acts or to perform
misleading schemes, the component of falsification is applied.
Secondly, in the stated scenarios, Ross, owner of the restaurant, has been subjected to the
act of misrepresentation because of the Chandler, the High Hill Farm manager, concerning the
proper purity of the organic beef. Therefore, Ross is entitled to expire the agreement and can
pursue the recourses primarily based on this argument. Ross additionally said that beef might be
accepted on the time of defining the legally signed agreement, which became impeded because
of the wrong transport of organic beef by the Chandler. As a end result of this the goodwill of
the Ross restaurant also got hindered as with the aid of using the disclosure of such reality
concerning the high-satisfactory of beef , the customers formulated the incorrect notion
concerning the awful high-satisfactory in addition to offerings of the restaurant.
Apart from this, the facts are also related to the enforcement of labor law. The
Employment Rights Act 1996 is one of the most significant employment laws in the UK. It
shows the rules governing relationships, as well as the responsibilities and obligations of both
employers and employees. Ross's act of terminating Monica's work due to serious misconduct
must comply with labor law in these situations(Freedland, 2020). It is usually serious
disobedience that can adversely affect the relationship between the employer and the worker.
The term "gross misconduct" basically refers to a number of acts, including negligence and
property damage. If one of these acts is carried out, employees can be rejected by organizations
under the category of formal fair procedures of termination as mentioned in the said Employment
Act.
The research process may be accomplished right here which will decide the proper
reasons of the misconduct. Typically, all acts that bring about gross wrongdoing are related to
tremendous troubles that may cause an worker`s removal from their employment, despite the fact
that there's no previous warning of such expulsion. Another cause for firing personnel is that if
the company's recognition or its good will has been injured. Furthermore, the court of justice in
the case of Dietman v. London Borough of Brent in 1988 concluded that the social employees
movements did now no longer represent to gross misconduct due to the fact there had been no
factors of cause or deception worried. Similarly, in Mooree v. C&A Modes, a 1981 case, the
appellate court argued that there has been proof of great negligence at the aspect of an worker
who become convicted of theft. In this case, the worker is answerable for the crime due to the
fact he become worried in and dedicated the unlawful activity(Zahn, 2018).

Furthermore, where Ross and Monica act accordingly as employees and employers,
especially given the information at hand. Monica's actions leading to the accident do not amount
to a serious offense, and as a result, Ross cannot dismiss her. In addition, Monica's newly
acquired facts about her driving skills and prior approval for the receipt of a recent driver's
license were caused by Monica's unjust intention and the accident was caused by a loss-induced
statement. It shows that Monica has not been deliberately injured her boss or has caused the
damages rather she was only following the instructions of her boss, so in this case she cannot be
made subjected to the claim of serious misconduct. Therefore, Monica's dismissal cannot be
legally enforced on the basis of this claim.
The other applicable head is the law of tort, which mainly is addressed as the civil wrong
which is committed by an individual towards the other person or group of persons. Further the
principle which stands applicable to the third conferred issues is of the concept of neurogical
shock. It is an principle which lies under the head of law of torts as a result of which the required
recourse may be sought by the party who has been subjected to such injury by some other
person. The principle of neural shock is generally from the conduct or behavior of others. In the
Case of Byrnev. Southern and Western Railway Co. the court at very first addressed the said
principle. In this case, the court argued that the claim should be assigned on the basis of
psychological harm. Apart from that, the concepts mentioned are usually applicable to cases of
mental illness that may result from individuals or groups of people when observing
the incident. Medicinally talking apprehensive shock would mean an unexpected drop in
circulatory strain and coming about circulatory disappointment set apart by paleness, perspiring,
quick (however feeble) beat, and now and then complete breakdown ( Giliker, 2021). Causes
incorporate illness, injury, and mental injury. In shock, the circulatory strain dips under what is
expected to supply the body's tissues, particularly the mind.
In English regulation, an anxious shock is a mental/psychological maladjustment or
injury incurred upon an individual by deliberate or careless activities or exclusions of another. It
is a shock which emerges from a sensible dread to quick private injury to oneself. Frequently it is
a mental problem set off by seeing a mishap, for instance a physical issue caused to one's folks or
companion. Albeit the expression "apprehensive shock" has been depicted as "incorrect" and
"deceiving", it keeps on being applied as a helpful shortening for a complicated idea. The chance
of recuperating harms for apprehensive shock, especially brought about by carelessness, is firmly
restricted in English regulation.
The rationale behind such a regulation is that human way of behaving is prepared by the
sensory system and is along these lines annihilated by the reason for persistent tiredness in the
brain. Notwithstanding, it should be considered that evaluating for the purposes for the shock
isn't to the point of making a case(de Silva, 2020). Consequently, to guarantee pay, it is
important to exhibit that every one of the components of the carelessness break that make up the

obligation of care are the connections between the shock and the break, and that the shock isn't
excessively far away. Also, for this situation where Chandler's wife, named Phoebe was mentally
stunned because of Monica's activities, was qualified for guarantee harms straight forwardly on
the grounds that the shock caused was not remote. We likewise give something to that effect.
The association between the disintegration and the shock given to Chandler's better half.
Additionally, according to Monica's perspective, the obligation of care while driving a vehicle
lays with the harmed others, bringing about harm to the ranch and Chandler's better half.
CONCLUSION
From the accompanying report it very well may be reasoned that the different laws of the
nation works inseparably to determine the issues in questions. In the given contextual analysis, it
gets the materialness of the three distinct regulations of the country simultaneously which are the
agreement, work and misdeed. The primary issue with the use of agreement regulation inferred
that there lies the lawful agreement between both the gatherings and henceforth the break of
agreement. The second issue with the pertinence of business regulation sums up that the end of
Monica on the ground of absurd offense stands nullified as she was chipping away at her boss
requests. The last concern is administered by rule of anxious shock under the law of misdeeds
while presuming that the Phoebe is qualified for have the legitimate cases for her harms.
REFERENCE
Reddy, P.H., 2020. The Concept of Good Faith Become Part of English Contract Law.
Zuppi, A.L., 2020. The Future of Contract Law in Latin America: The Principles of Latin American
Contract Law.
FBA, J.B., FBA, A.B. and Cartwright, J., 2020. Anson's law of contract. Oxford University Press.
Klee, L., 2018. International construction contract law. John Wiley & Sons.
Haines, A., 2018. UK considers closer links between employment and tax rules. International Tax
Review.
Freedland, M., 2020. Employment Law Revisited. Dalhousie LJ, 43, p.515.
Zahn, R., 2018. The impact of Brexit on employment law in Scotland.
Giliker, P., 2021. CODIFICATION, CONSOLIDATION, RESTATEMENT? HOW BEST TO
SYSTEMISE THE MODERN LAW OF TORT. International & Comparative Law
Quarterly, 70(2), pp.271-305.
de Silva, C., 2020. The law of tort. In Galbraith’s Construction and Land Management Law for

Students (pp. 183-218). Routledge.