Limitations and Remedies in Contract Law: A Case Study of Marks and Spencer

This essay discusses the limitations and remedies available in contract law, specifically in the context of specific performance, using Marks and Spencer as a case study. It also explores the extent to which corporate social responsibility is applied.

individual essay

Table of content
Table of content...............................................................................................................................2
INTRODUCTION...........................................................................................................................3
MAIN BODY..................................................................................................................................3
CONCLUSION................................................................................................................................6
REFERENCES................................................................................................................................7

INTRODUCTION
Business law aligns with all the commercial practises which are been undertaken in order to
manage the systematic working of the companies by applying all the rules and regulations which
are been framed by the government. There are so many laws and legal rules which are made by
the government in order to manage the security and the effective legal compliance. Some of the
well-known regulatory laws are like employment law, contract act, law of torts and many more.
Contract law is an agreement which is been made between the parties enforced by the law. It has
certain remedies for general breach made by any of the individual in the agreement they are like
specific performance of contract, injunction, damages and many more. The organisation chosen
in this essay is Marks and Spencer which is a multinational company dealt clothing and
accessories (Hofmann, 2021). This essay will cover the limitations and remedies available in
contract in context to specific performance and further will discuss the extent to which corporate
social responsibility is applied.
MAIN BODY
Specific performance of contract is known as the equitable remedy which is granted by the
courts in order to manage and fulfil all the contractual obligations that are been made between
the parties while entering in the contract. In English law there observed that all the contracts
which are been made in the parties will have the effective mechanism in relation to defines
through which they protect the rights and the duties of the duties of the person is protected from
encountering all the damages that can occur due to non-performance (Yonjan, 2019). The
specific performance underline and maintain the responsibilities to be given on the parties to
complete the promised work for which they had denies and caused breach in the contract. It is
mainly against all such alleviations in the real estate where reward can be given for the non-
performance it obliges and force the person to manage the work according to the agreement that
is been made. Some of the main limitations which are observed in the specific performance of
act by the UK law are like, as this relief address the person to obligate and perform all such work
on which they mutually agreed. (Halbert,. and Ingulli,, 2020). This make the party to conjugate

ton perform the act on which the mutual agreement was made. The court can thereby manage
and give the authority to the aggrieved parties in order to cancel the contract where there seems
that all the agreement made is not lawful and the party is not having the intention to perform
certain act. This is known as the declaratory degree where the litigant will only perform the can
tract on there will of making it done and this also generalise the elements of the contract and its
law. Other than this injunction can also be a rectification in the contract made in the parties in
case of breach will be restricted by the court to stay or to restrain any of the activities. As this is
as per the law terms to be unlawful in case where the livid party is vulnerable to enter in
agreement with immense hale(Chung, 2018).
Their observed that in UK, agreement law all the specific bar which are executed for
managing the functions of contract on particular bar is legalised. In all such cases where the
individuals file a complaint and end the agreement on their own wish for not wanting to perform
the act will not be applied on the act for the particular performance. In case of Makes v.
Cavendish Square Holding BV the parties agreeing for the contract are beholden on denial
through tribunals or courts where compensation and the damages can be amounted as effective
remedy. (Cortez, 2018). The compensation is adequate rather than performance of act without
will. Other than this in Hall v. Warren court held that all the parties will have to be well defined
about the act and the performance do that on later being told for the performance will be
agreement in context to the property and their general rules. So the court must adhere and
manage all the imposition of the rules and the specific performance to be abide with the intention
to gain and manage performance(Maroun, 2020).
Corporate social responsibility is a business model which regulates on the various aspect
which defines on the activities and is liable for the company which is socially accountable to
itself, stakeholders and the public. It is very important for the organisation to practice the various
activities in order to present themselves in the market with a good image. (Hofmann, 2021). The
corporate social responsibility defines the various practices for the good of the environment,
economic and public. This includes various activities such as reducing carbon footprint,
engaging in charity work, purchasing fair trade products, improving labour practices. It is been
identified that all the business organisation is practising the corporate social responsibility in
order to maintain the reputation in the market. It is been analysed that Marks and Spencer is
following the various CSR activity in their day to day operations.(Pahmer, 2021). It is identified

that the company has adopted the different campaign in order to gain the attention and seek for
the competitive advantage.(Issa,and Pick, 2017). It is very important for the business
organisation to focus on the safety of the environment while producing the product and services
which might affect the environment and the public. As it is been analysed that the companies
which have the large manufacturing and the production process they are affecting the
environment in various ways which is not good for the future generations. It is very important for
the business enterprises that they focus on bringing the change in the environment while doing
good for the society.(Alzola, 2017). The government has made it mandatory for the various
business enterprises that they need to follow some corporate social social responsibility in order
to compensate with the harmful affects which is been created by the business organisations. the
corporate social responsibility has become the main task of the organisation where the
companies focus on the various practices in order to attract customers. This is essential because
now a days the customers are also concern with the good image and reputation of the company in
the market.(Maroun, 2020). This affects a lot in the sales of the company. The other practices
such as involving in the charitable work can also help the business organisations in order to
attract the people and also maintain the literacy rate in the economy. The large companies need
to give their some amount or the percentage in the charitable trust which impacts the brand
image of the business enterprise.(Silver, 2021).
It is been analysed that the business organisation practice the corporate social
responsibility to the large extent which has created the top position in the sector. Marks and
Spencer practices the various campaign by devoting the amount in the charitable trust so that
there is the improvement in the economy and in the environment. (Rodriguez-Autore, 2018). The
company has practices various method to reduce the carbon footprint. Also, as per the laws wit is
very essential that the companies offer the various method through which the government and
the organisation can take necessary steps in order to attract the general public towards the
business organisation.(Storchevoy, 2017). It is been concluded that the corporations take the
corporate social responsibility seriously in order to maintain the brand image and attract
customers. This helps the organisations to increase their profitably and generate more revenue.
The company can focus on the various practices such as by offering the employment
opportunities in order to reduce the unemployment rate within the economy. This is the more

concern of matter for the corporation which needed to be focus in order to gain the competitive
advantage (Yonjan, 2019).
CONCLUSION
From the above report it can be concluded that corporate law is the certain rights, laws
and provision in order to conduct the various activities and operations of the business
organisation. It is been identified that certain performance offers defence in the circumstance
which are unique and as well as there is no chance of offering compensation to the party then
particular performing of the agreement which is used in the following case. Further it is been
analysed that the corporate social responsibility is the act of practising the various campaign,
charitable work and good for the safety of the environment. It is identified that corporation
practices the corporate social responsibility to large extent because as it is imposed by the
government laws. The another reason for the corporates is that it is essential for the companies to
involve themselves in CSR activities because this helps in attracting customer, employees,
stakeholders, and public.

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