Legal Issues for Management: Contract Law and Employment Law

This essay covers a case scenario in which an agreement is made between the parties and some breach is being observed. It describes all the standard compliance of law in relation to gross misconduct, contractual agreement and tort. The legal issues discussed are breach of contract and gross misconduct in employment law.

Legal Issues for
Management

Table of content
INTRODUCTION...........................................................................................................................3
TASK...............................................................................................................................................3
CONCLUSION................................................................................................................................7
REFERENCES................................................................................................................................8

INTRODUCTION
Law is the commands that helps in rendering the management in which they apply all the
regulations and the laws to manage the corporate bodies and the effective rules in the legal
compliance. For organisation it is important to manage the core legal principles and statue in the
general procedure. All such noncompliance will relate to all the the liabilities that are taken
through legal methods. Some of the most considered law in framing the business practises are
like employment law, contract law, IPR, Law of Torts and many more. Employment law
provides the statutory obligation in which rights in relation to protection of employees in the
work place is managed (Feng and Bourazzouq, 2021). This essay will cover a case scenario in
which an agreement is made between the parties and some breach is being observed. This essay
will describe all the standard compliance of law in relation to gross misconduct, contractual
agreement and tort.
TASK
In this case scenario, John who owns the business in the Spring Farm managed to run the
restaurants with unique selling products, in order to extend it further he planned to gain new
supplier to get the hand reared lamb supply on monthly basis pricing for 2 years. In order to
manage the business, he contracted Sam regarding the product and identified that no response is
being gained on that time period. Roger owner of Bank Farm arranged a meeting with Sam in
order to discuss about the product their Sam told him about getting the hand reared lamb supply
on monthly basis. The contract is framed in between them and they managed to frame all the
essential elements in it. Even the first lamb delivery was made by the Bank farm their noticed
that so many orders were increased. Later on one of the customers when asked him, about the
place from where he get the hand reared lamb and when being told by John about the Bank Farm
she told that the lamb cannot be provided hand reared as he stay nearby to that possible area and
it is adamant that this is not true (Manamela, 2020). John while hearing all this was angry and
concerned regarding his reputation of the business and he immediately drawn and called Roger
regarding terminating the contract for which Roger denied. So, he thought to make a face to face
conversation with him for which he told Ria his employee to drive for him as he was drunk. In
that case Ria told him that she is not that confident on his driving skill as she passed the test

yesterday still he forced her to drive for him. This resulted to meet with an accident in which
some major spinal injuries were being seen due to which John removed her from the job on the
ground of gross misconduct.
Legal issuer in this case scenario which are perplexed in the above analysis are:
 Is there is breach of contract made by Roger.
 Can Ria be dismissed on the ground of gross misconduct?
While overlooking the whole case there can be seen that, contract law is the most important
principle in UK Common law which manages and deal with all the agreements that are made in
the parties and which make the agreement being enforceable in between them. mostly all the
agreements which are being made in the parties should be applied with mutual agreements and
assent for entering with the concerned parties. There is noticed that some of the main element
which are required to be managed in order to protect the rights of the individual who are entering
in the contract this provides main areas which are, Offer this is the most important and the initial
stage in which the proposal is made in the parties to complete the task or to enter in any of the
agreement made in between them, it is merely the primary or the initial step through which the
willingness can be expressed and the intentions to be clarified. This is also known as the
invitation to treat (Bogg, A., 2021). Other than this there is Acceptance it is when the offer is
generated in between the parties and then the other party give their consent in order to bind
themselves in that agreement then this will have named as acceptance. It is generally the
expression of giving the consent to the person for the work. It can be expressed or implies which
means that there can be oral or written manner through which the assent on the proposition is
been given. Other important element is Consideration which is the pecuniary and also the
monetary benefit which is undertaken by the individuals while discussing to enter in the
agreement. It can be explained as any important thing which holds the value in the eye of court
will be known as the consideration (Perera, 2021). No contract can be managed or provided in
case when the value is affixed. Lastly, there is legal intention it is the free will and the positive
intention of the person to enter i9n the agreement as in all the contract there is required that both
the person is entering without any issue as they are interested to be bind in that agreement. All
these are required to be fulfilled through which the contract can generally being framed. In this
case John and Roger though entered in an agreement and frame it with all the essential elements

but Roger in spite of knowing the fact that he is not having the hand rear still made the contract
with John by muisrepresting whole scenario.
Misrepresentation is mainly giving all the misleading and the false statements to the
other party in order to hide or deceive any improper act. This is generally the falsification in the
material fact through which the person thinks to manage the business and this complied to give
all the inaccurate information with which the aggrieved party will suffer a major loss. In Bisset
v. Wilkinson (1972) their observed that defendant hide the facts and misrepresented the number
of sheep’s being presented which lies to loss to the person through the false representation. Court
held that this is the major implied element of the misrepresentation and it affect the areas and the
working with the loss in the value and the reputation of the business. Furthermore, in Derry v.
Peek (1889) all the activities in which the person generally lied to managed the compliance is
important and in order to enter in an agreement there is essentially required to maintain the
clarity in all statements. Which abides that no individuals should in the contract being framed
not use any false application. Similarly, in this case due to the misrepresentation by Roger, John
has faced many issues and there was damage in the reputation of the company and business. He
deceived by hiding all the details regarding the work and given the wrong perception for the
hand reared lamb (Bigwood, 2019). Thus, in the contract law in all such cases where the
individual makes any breach in the contract there can be applied the remedies in order to protect
the rights of the individuals. Some of the main remedies which are given are like damages that is
given to the aggrieved party who has suffered the loss due to the act of another. Injunction which
is mainly the restraining order given to one of the party due to the act of another and this applies
all the and the effective nature through which the person will not be allowed to go to that
particular region. Specific performance of contract is another remedy which is given when they
seem that damages is not the adequate remedy to be given and this applies to make the party to
complete the task and make the other party to be in that earlier position.
Along with this there is applied employment law is the most important law that helps in
protecting the right and the safety of the employees in the company. there is provided that
according to Employment Act 1996 some of the major statutory provisions are being given
through which all the employees are adhered to manage their rights and safety compliance. In
this case scenario John dismissed Ria the employee working in the company for the gross
misconduct performed as driving. The gross misconduct is majorly the incapability of

performing any act in the company during the course of employment. Other than this when the
employees generally do any of the illegal act or illegal; performance at the time of working in
the company that can eventually affect the safety and the life of the individual then this the
employers will have the right to terminate that employees in the mere course of employment.
This provides all the negligence in managing and performing any such acts that affect the life
and the concerning aspect of the individuals. In all such cases where the gross misconduct is
applied then the employee will be immediately terminated from the job without any serving of
notice to them. this can be theft, negligently and intentionally performing any criminal activity
and many more. There are so many cases in which the misrepresentation is applied as in
Dietman v. London Borough of Brent (1998), in all such cases where the social work is
involved that will not be accountable in the dishonesty and it will further manage the work and
the compliance with their immediate intention so no gross misconduct will be applied. In the
case of Moore v. C&A Modes (1981), the employee as being involved in the theft and the
shoplifting will be liable for the gross misconduct with which their implied to take all such areas
and the ways with which the termination can be drawn out on basis and the employee can be
removed without serving the notice (Bernstein, 2022). As through this there can be evaluated
that all the gross misconduct is generally being amounted to be in area where the employees
intentionally involved in any illegal activity or in any such conducts that can affect the
organisation.
In this scenario it is been noted that Ria as when got the orders for managing the driving
for John due to his intoxication immediately told him that she was not well aware about all such
driving and got her licence yesterday. Still John was not ready to manage and hr told her to drive
for him. In all such areas this can be seen that Ria was in no fault as she being working according
to the group and the reason was that the employer was giving her the order to drive for him. She
was in no fault and them cannot be used the gross misconduct against her. She can even go the
court and ask for the compensation for the charges which were being made on her and can also
ask john to take her back on the job as them was no gross misconduct on her side.

CONCLUSION
It is summarised from the above analysis that, law is the most important part of the country
as it helps in managing the legal application and also provide the effective management of
organisation with implementation of law. Contract law provides the agreement which are
undertaken and are enforceable by law and this gives that misrepresentation is majorly all such
misguiding and misleading that can affect the v=business and the reputation of the company.
further employment law implies to provide the rights to the employee’s top ask for compensation
in case of any damages made3 to them. this case scenario provides that no gross misconduct was
been made in any part of the employee.

REFERENCES
Books and Journals
Bernstein, A., 2022. Employment law myths—who are you gonna call?. Journal of Aesthetic
Nursing, 11(1), pp.36-38.
Bigwood, R., 2019. New Zealand perspectives on contract remedies. In Research Handbook on
Remedies in Private Law. Edward Elgar Publishing.
Bogg, A., 2021. 'Labour Law is a Subset of Employment Law'Revisited. Dalhousie Law
Journal, 43(2), p.8.
Feng, M. and Bourazzouq, D., 2021. " How the actors of the traditional distribution resolving by
business laws, tensions related to the mutation of the supply chain.
Manamela, T., 2020. Fraud in a contract unravels all. Without Prejudice, 20(8), pp.18-19.
Perera, S., 2021. EMPLOYMENT LAW; PROBATIONARY PERIOD. PROBATIONARY
PERIOD (September 2, 2021).
Peterson, J., 2019. 10 Laws of Trust, Expanded Edition: Building the Bonds that make a Business
Great. HarperCollins Leadership.
Syarief, E., 2021. Default and the Crime of Fraud in Business Contract in Indonesian Laws. JL
Pol'y & Globalization, 107, p.17.
Van Zyl, B., 2021. Termination and misrepresentation. HR Future, 2021(9), pp.46-49.