Analysis of Employment Regulation, Contract Law and Torts in UK Legal System

This essay analyzes the UK legal system's employment regulation, contract law, and torts. It discusses the basic elements of legal agreements, breach of contract, vicarious liability, and nervous shock. The case study involves Ross, Chandler, Rachael, and Monica.

Law Assessment

Table of Contents
INTRODUCTION....................................................................................................................3
MAIN BODY...........................................................................................................................3
Facts summary.....................................................................................................................3
Issues in discussions............................................................................................................4
CONCLUSION........................................................................................................................9
References:.............................................................................................................................10

INTRODUCTION
The legislation enumerates broad perspective for a long time it is termed as set of
rules and regulation which id fixed for monitoring the subject matter in general by jural
authorisation. The legal system commands are complied on order regulated by authority. It
is further complied on general public(Cushway and Hallsworth,2012) Whereas the main
responsibility of officials is to maintain discipline by keeping watch and administering
compliance of laws effectively. It also ensures to make alleged liable for strict penalisation
in course violating the orders. This essay mainly deals with numerous legislation like
employment rules,contract law, legislation related to torts. Such regulation as specified are
civil in nature discussing its obligation and rights of parties on agreement under contractual
liability. This moreover coordinates having importance to administer organisation. Under
contract the agreement between both parties must perform all the condition and terms as
specified under it. In its furtherance, the employment regulation complies security and
protects its workers and staff members safeguarding their interest in company. The manger
is obligated to fulfil all the terms as stated in the legislation of act. Further, it talks about law
of torts in English law constituting civil injury due to action of wrongdoer. The awards for
damages given under monetary value by the alleged for its act like trespass, negligence
etc. It covers laws and its application in the given case.
MAIN BODY
Facts summary
The case discussed herein talks about Ross manager of food supply chain which was
known for supplying chemical free beef . Further it send its proposal to Red Gate Farm
manager Rachael showing its desire to enter in contract with condition to make monthly
amends in payment and such beef should be free from any fertilizers use(Coakell,
'2021/29 ). It requested for holding offer to consult with their officials and then it will revert
back. Later Ross met with Chandler who was manger of High Hill Farm putting same
condition of organic beef supply and monthly payment to which it agreed forming basic
agreement. The time period of such contract was framed for three years. During this time
period Rachael is reverted back with letter of acceptance but Ross in such time being

contracted with Chandler which resulted in revocation of contract with Red Gate Farm.
Afterwards revelation about High Hill Farm supplying non organic beef on enquiry by its
customer who resided near farm and has been witness of its chemical formulation. This
made Ross angry and on communicating same to Chandler who refused to remember the
terms that beef should be organic and pure in nature. This violation lead in defaming and
destroying its image of shop. In order to confront the manager of farm for same he order one
of its employee, Monica to drive him to the farm to which it responded that she has just
passed driving test and is not expert or good enough to drive but due to order of its boss .
Monica was forced to drive which lead in accident causing some grave injury to Ross and
employee got some stitches. This incident took place at High Hill Farm which was later
seen by Phoebe, spouse of Chandler who had history of mental illness fainted due to shock.
After she was taken to hospital diagnosed with post traumatic disorder(Leckey, '2020/19).
Issues in discussions
These are certain issues enumerated and which were discussed in essay as given below in
the case study-
1. Whether Ross holds liability for monetary damages to Rachael?
2. Whether there was violation of contract between Ross and Chandler?
3. Whether the serious misbehaviour applied by Ross is right or not?
4. Whether Phoebe is liable to get awards from Monica, employee of Ross?
These legal issues raised in the scenario discussing the precedent usage in court of law
under common legal system and application of such laws. This approach was used in
referred case study as discussed below(Turner,2013).
Issue 1- Whether Ross holds liability for monetary damages to Rachael?
The law of contract under English law mainly talks about legal applicability of parties
contracting in a agreement. This further discusses about rights and responsibility of parties
entering in legal agreement. The effect of such contract is of binding nature obligating
individuals to comply and perform such terms and condition. It critically depend on party

engaging in performance and non complying such act which they are deemed to abide. On
failing to follow such terms of contract further violating it by not performing. In accordance
with common law of contract, it comprises certain essential basic requirement to make legal
agreement converting in lawful undertaking. These requisite are proposal of offer,
acceptance,consideration and legal intent to form contract. The first stage is offer made by
one party expressing its willingness to enter in contract. Second stage is communicating
acceptance either expressly or impliedly and such agreement is enforced when such
acceptance is communicated to offerer. Third steps is consideration which means something
having value or attached with monetary gain for validating contract to be legitimate. Fourth
step is for making valid agreement showing its legality having legal intention thereto in
enforcing such contract where parties are bound to follow it(Reddy, 2020).
The case discussed above shows creation of legal agreement between Ross and Rachael as it
fulfils all the four elements as requisites to contract. This further witness negligence from
the side of Ross as it was under burden to check its mail and due to negligent action of shop
owner . The manger of Red Gate Farm, Rachael has right to receive ward for damages
incurred due to action of Ross as it refused other parties offering contract which it rejected
by not checking inbox. Therefore, Rachael is under position to receive the monetary sum in
accordance with loss incurred on company.
Issue 2- Whether there was violation of contract between Ross and Chandler?
The violation of contract shows its effect when a person in agreement fails to carry out its
performance as directed by prescribed terms. Where an individual does not accomplish its
duties in accordance with agreement violating other party rights. Breach in contract takes
place when the person has partly performed or in case where such individual did not comply
with even one particular condition also. In general such conduct should not be
misrepresented on basis of facts being stated in scenario.
Misrepresentation leads to breach of contract by sufferer providing such individual with
certain remedies under law of contract in English law. Such false information may result in
vagueness and uncertain behaviour destroying the image of company in market by such
statements. It further specifies terms to show transparency affecting at minimal level of
outcome in spreading untrue facts. It moreover claims redress for the loss by exonerated

individual in such aspect before execution of contract at the time fallacious content is
communicated to another person resulting in giving authority to injured person for
terminating contract at its option.
In the Bisset v. Wilkinson, court held that falsification of data results holding ships on land
up to 200. Later parties came to know that defaulter has stated wrong information which
lead revocation of agreement.
The above case study discuss that Ross was victim of false representation in contract by
Chandler conduct in agreement of organic beef and supplying it through chemical
formulation of fertilizer and pesticides. Thus, farm was liable to compensate loss to owner
of shop as it violated the essential element of contract resulting in defaming image of its
food chain due to which expenses were incurred as it was known for transporting only store
for organic beef specifically. It lead liability on defaulter to transfer award in such
case(Dau-Schmidt, Harris, and Lobel,2009).
Issue 3- Whether the serious misbehaviour applied by Ross is right or not?
The scenario above discusses about employment law regulated in UK. Where the obligation
and rights of worker and manager are explained. It is enforced by law makers ensuring
minimal abuse of workers and owner of company. The main goal of employer is to
safeguard interest of its staff further providing provisions to promote and encourage human
right regulations. Where legislation mainly talks about improving health,
hygiene,benevolent behaviour engaging in friendly work environment to staff members.
Under Employment Act, 1996 and Equality Act, 2010 providing legal aid and security to
workers in case right of individual are violated by association. The above case discuses that
Monica being new member of organisation was dismissed by employer Ross on grounds of
serious misbehaviour. This means that manner of party which is not acceptable and highly
unethical on part of worker like thievery,damage caused, violent act etc. In case where such
behaviour is wrong with regards to business then such termination of staff member is just
and fair. To inquire about such misconduct in depth it is required to conduct enquiry to the
amount of harm being serious in nature for such wrongdoing then manager of company has
authority to terminate in absence of prior notice. The problems arising in case which lead to
destroy image of enterprise comes under illegal act by worker in company, it can raise

objection in relation to negligent act or unlawful action of employee. In Moore v. C&A
Modes [1981] thievery committed at stores by worker leading to dismissal of staff member
due to grave misbehaviour on their part. It was ruled by court in case of serious misconduct
due to unlawful actions by employees.
The recent case discuss that Monica was worker at the chain supply of Ross elaborating
principle - agent or master – worker relation between Ross and Monica. It obliges the
employee to follow command of employer,Ross and hence was directed to drive as the boss
was intoxicated under the influence of alcohol despite of stating the fact about its lack of
driving experience. In spite of having knowledge about such facts it ordered to abide its
order. This made Ross vicariously liable for the conduct of Monica as the accident had
absence of intent causing injury on its part. Moreover, negligent act committed by
employee of Ross was performing its duty as bound under command of authority fulfilling
its actions. It henceforth concludes that Monica being employee shall not be liable for such
loss caused in such accident at High Hill Farm as there was no deceit on part of Monica
side(Rühl, 2021).
Issue 4- Whether Phoebe is liable to get awards from Monica, employee of Ross?
Law of Torts mainly considered as civil harm caused by one person against another
disturbance this does not comes under criminal aspect of law. Such cases under this are
dealt by civil jurisdiction of courts. It critically states various proviso in relation to nervous
shock to sufferer by the alleged actions. In Byrne v. Southern and Western Railways Co.,
the term mental trauma decided by court further stating that it is under obligation to
compensate for the damages it caused to victim. In accordance with common legal system
the misconduct by defaulter resulted in nervous shock. In general the concept of mental
trauma occurs when a person sees something dangerous which it cannot accept and hence
faints in such situation where individual mind is sensitive to evaluate the fact. The mind of
person regulated in accordance with nervous system of body. In some cases it can be seen
that such trauma has no value in retrieving damages from defaulter in court. For complying
such provision of damages it is required by person to prove its innocence and absence of
requites in conducting negligence under law of torts. It requires an individual to hold duty of
care in reasonable circumstances. The connection between shock and its obligation to aid

must be there. It also requires that commission of incident and person fainting due to shock
must not be remotely located.
In the given case Monica committed accident at High Hill farm which was later seen by
Phoebe which resulted in causing shock where Monica had duty of care to drive in proper
mannerand it failed in such case which makes Ross indirectly liable as Monica share master
servant relation with Ross having vicarious liability in such scenario. Thus,making Phoebe
right to claim damages from defaulter.

CONCLUSION
The essay further concludes detail analysis of employment regulation, contract law and torts
from the perspective of UK legal system. This further elaborates basic elements to enter in
legal agreement where under given case Rachael was entitled to claim damages for breach
of contract by Ross. Moreover it talks about false information stated in contract by
Chandler promising prior to supply organic beef but in reality engaging in non organic
products using pesticides. Furthermore discussing about misconduct on part of Monica
being employee of Ross made vicariously liable to Ross. It entitled Phoebe rights to claim
damages for the nervous shock incurred on its part.

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