Legal Issues for Management: Contract Law, Tort Law, and Employment Law in the UK

This essay discusses the legal issues in management, including contract law, tort law, and employment law in the UK. It covers the essentials of a contract, conditions necessary for formulating tort, and gross misconduct. It also explains the liability of Samuel towards Jordan and Ryan, and the validity of the dismissal of Hannah.

Legal Issues for
Management

Table of Contents
INTRODUCTION...........................................................................................................................3
MAIN BODY..................................................................................................................................3
Facts in issue-..................................................................................................................................3
Legal issues in discussion-..........................................................................................................4
CONCLUSION...............................................................................................................................7
References:......................................................................................................................................8

INTRODUCTION
The term law has its origin from Teutonic word “Lag” that means definite. The meaning
derived from this sense is the basic rule that governs the human relations and its conduct of
behaviour and nature. Every country whether democratic or monarchy needs a set of rules. These
rules are necessary in order to maintain peace and order in the state. These rules are applicable
to all the citizens residing in the country equally(Ahmed, 2021). This is because no one is above
the law. In a democratic country, everyone is bound by the law to follow this. The law provides
for the responsibilities and the duties to the prescribed person. Management is the process of
managing and controlling different activities in an organisation. It can be done in every area
including profit and non profit organisation (Defossez,2021). The legal issues are dealt in
management also. In this essay , contract law and tort law is discussed. This essay discusses
about the essentials of a contract. The also elaborates the conditions that are necessary in
formulating tort. An example of tort is trespassing. This essay deals about about the remedies
available for breach of law.
MAIN BODY
Facts in issue-
There is a businessman named Samuel . Samuel owns a number of shops and restaurants.
The restaurant is famous for using local ingredients produced in its city. Samuel has contacted
spring farm for the raw material of its restaurant. The contact was for the supply of lamb that is
reared by hand. The joint owner of Spring Farm who contacted Samuel is named Jordan. Both
the parties agreed to contract for 2 years for fresh beef whose price will change monthly as par
the market price. Further, Samuel contracted with the Ryan. Ryan is the manager of the Bank
farm. Both Samuel and Ryan contracted for hand reared lamb for the restaurant of Samuel
(Grusic, 2021). After some days when Samuel checked his emails, he found the acceptance
letter from Jordan for the offer as given by Samuel. Meanwhile, Jordan has rejected many other
offers just because of Samuel's order. One day, Samuel found that the lamb as provided by the
bank farm is not hand reared. This made Samuel very aggressive because his restaurants were
basically famous for the hand reared lamb. Further, Samuel insisted one of his young staff
Hannah to drive for him to Bank farm. Samuel insisted so because he wanted face to face

conversation with Ryan. But because of the intoxicated condition of Samuel, he cannot drive by
his own. So, he forced Hannah to drive. Hannah resisted for driving the car(Horton, 2018).
Hannah did so because she has received her driving licence only one day before. Moreover, she
was not experienced in driving. But due to the force applied by the boss, Hannah drove the car.
As she was inexperienced, the car met the accident at Bank farm. Due to this, Samuel is now
hospitalised . He now needs physiotherapy for the recovery. Due to this, Samuel will not be able
to work properly as he can do before the accident. He has to arrange a manager which will cost
29000 Euro to Samuel. Further more, Samuel discharged Hannah for the misconduct done by her
at Bank farm.
Legal issues in discussion-
These are the following legal issues that are discussed in this essay are as follows-
 Whether there is the existence of liability of Samuel towards Jordan for the loss suffered
by him?
 Whether there is any breach of contract between Samuel and Ryan? Is there any remedy
available to Jordan for the loss suffered by him?
 Whether the dismissal of Hannah by Samuel due to the reason of gross misconduct is
valid?
Issue 1- Whether there is the existence of liability of Samuel towards Jordan for the loss
suffered by him?
The first issue of this essay relates to the contract law of UK. Contract can be defined as
a legal relation between two or more parties who agreed to some specific conditions that must be
fulfilled by both the parties. Both the parties agrees to come into that contract. There are
generally four basic vitals of contract namely the offer, acceptance, consideration and intent
to create legal obligation between the parties. Here, it must be kept in mind that the contract
must be for legal as per the regulations of the country. If any contract made that is illegal, then

such contract is void in the eyes of law(Palombo, 2019). Such a contract cannot be enforced in
the courts of the country. The first step to make a contract is offer. In this, one party offers a
service or goods to the other party for some consideration. When the other party accepts the
offer, then it is termed as acceptance. The third basic element is consideration. There must be
some consideration to contract to make it a valid contract. The consideration can be in implied or
in expressed form. In the absence of consideration, such an agreement will become promise.
The fourth and the last essential is intention to create legal obligations between the parties. This
means there must be the existence of legal obligation that must be followed by both the parties.
This also means that any offer made in joyous or funny way will not result to make an offer
under the contract.
In the above case, all the four elements of contract is fulfilled by the parties. This can be
explained as firstly the offer is made by Samuel. Secondly, the offer is accepted by Jordan.
Thirdly, the re was consideration present in the case. The consideration includes the change of
price of lamb monthly by the parties as per the market price. Fourthly, both the parties have the
legal intentions to make a contract. They contacted exclusively for the formal meeting related to
contract(Porter, 2020). It is not the fault of Jordan that Samuel checked the mails lately. Hence,
Jordan is legally liable for the compensation from Samuel as there was the existence of contract
between them.
Issue 2- Whether there is any breach of contract between Samuel and Ryan? Is there any
remedy available to Jordan for the loss suffered by him?
This case further discusses about the conditions which specifies the breach of contract.
This also explains about the remedies available to the aggrieved party in case of breach of
contract. The breach of contract means when the conditions specified in the contract is not
fulfilled at any time. When one party does not fulfil its duties, it results into breach of rights of
other party in the contract. There is also a case of misrepresentation in this case study. The term
misrepresentation means not showing the actual conditions instead showing conditions that has
no existence in real. This could also be understood as hiding the material contents and
information of the contract by the defaulter party. The innocent party has the legal right to claim
compensation for such breach of contract. Further more, there are provisions that provides for
the legal remedies that are available to the innocent party in case of breach of contract.

Misrepresentation includes when one of the party conveys the wrong information to the other
party in the contract. One of the case named Bisset V. Wilkinson, the court conveyed that it is
the case of misrepresentation where one party falsely misrepresented that they have 2000 ships.
But, in real there was no existence of such ships. Hence the contract is revoked at that time.
In the present case scenario, Ryan misrepresented that he is supplying hand reared lamb
to the restaurants of Samuel. But, on reality the lambs are not hand reared. This is one of the
basic condition of the contract between Samuel and Ryan. This condition is breached by Ryan
(QCSaintier, 2021). The business of Samael is wholly famous for its use of local products and
hand reared lamb. This can result into defamation of the shops if Samuel. Here, in this case
Samuel was also misrepresented as by showing that hand reared lamb is delivered to the
restaurants of Samuel. Hence, this is the case of breach of contract as well as misrepresentation
as done by Ryan. This revokes the contract between Samuel and Ryan. Therefore, Ryan is
legally entitled to compensate Samuel for the losses he suffered due to such misrepresentation.
Issue 3- Whether the dismissal of Hannah by Samuel due to the reason of gross
misconduct is valid?
This case deals about the employment laws that regulates the employment of UK. This
case also deals about the tort law and vicarious liability of the country. The Employment
Act,2010 is created for the welfare of the employees. This act helps the employees to not get
exploited by the employers. This act specifies the rights and duties of employee and employer. It
also promotes the human rights in the country. The term tort means the civil wrong done by any
person. In tort, a person breaches his duty which result into infringement of the rights of other
person. This case also deals with the gross misconduct. The term gross misconduct means the
unacceptable conduct of an employee which make the employer force to dismiss such employee.
The unacceptable conduct includes the act of thievery, robbery, copyright, concealing the
confederal information, violence, etc. that hinders the smooth functioning of an organisation.
The vicarious liability means the liability of master for the acts of his servant.
In the given case, the dismissal of Hannah for the gross misconduct is totally wrong. The
reason for this is that there was no existence of an act that can constitute a misconduct done by
her. Instead, this is the case of vicarious liability. The Hannah is in master and servant
relationship where she can't say no to her boss. She firstly told about the truth of her driving

experience that she has received her driving licence one day before (Rolf, .et.al, 2022). But, still
after hearing such an information, Samuel insisted her to drive. Hannah was only obeying her
boss. Moreover, there is a existence of tort in this case. Hence, Hannah is not liable for the
dismissal of gross misconduct. Moreover, Hannah is also not liable for compensation to Samuel
for his hospitalised condition (Huda, et.al., 2018).
CONCLUSION
The above given essay concludes about the contract, tort and employment laws of UK.
Moreover, it also explains about the gross misconduct and misrepresentation. It explains that
Samuel is liable to compensate Jordan Further, it explains that Ryan is liable to compensate
Samuel. This also concludes that Hannah is not liable for the accident due to the vicarious
liability.

References:
Books and Journals
Ahmed, M., 2021. Private International Law and Substantive Liability Issues in Tort Litigation
against Multinational Companies in the English Courts: Recent UK Supreme Court
Decisions and Post-Brexit Implications. M Ahmed,'Private International Law and
Substantive Liability Issues in Tort Litigation against Multinational Companies in the
English Courts: Recent UK Supreme Court Decisions and Post-Brexit
Implications'(2021), 17.
Defossez, D., 2021. The employment status of food delivery riders in Europe and the UK: Self-
employed or worker?. Maastricht Journal of European and Comparative Law,
p.1023263X211051833.
Grusic, U., 2021. Tort Law and State Accountability for Overseas Violations of International
Human Rights and International Humanitarian Law: the UK Perspective. Utrecht
Journal of International and European Law.
Horton, R., 2018. Employment/Labour Law. Great Debates on Gender and Law.
Huda, M.K.,. et.al , 2018. The Principle of Good Faith inLife Insurance Contract: A
Comparative Study of Indonesia and The UK. The Social Sciences, 13(1), pp.80-86.
Palombo, D., 2019. The duty of care of the parent company: A comparison between French law,
UK precedents and the Swiss proposals. Business and Human Rights Journal, 4(2),
pp.265-286.
Porter, G., 2020. Genetic Testing, Insurance and Employment in the UK: Is the Regulatory
Regime Fit for Purpose?. In Genetic Testing and the Governance of Risk in the
Contemporary Economy (pp. 317-330). Springer, Cham.
QC, R.M. and Saintier, S., 2021. Poole's Casebook on Contract Law. Oxford University Press.
Rolf, S., .et.al., 2022. Towards privatized social and employment protections in the platform
economy? Evidence from the UK courier sector. Research Policy, 51(5), p.104492.