Roles of Government Organs, Specific Performance Remedy, Partnership vs Company, Employee Dismissal from an Ethical Perspective

This article discusses the roles of three main organs of the government, the remedy of specific performance and its limitations, the difference between a general partnership and a company, and how an employee can be dismissed at law from an ethical perspective.

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Contents
INTRODUCTION...........................................................................................................................3
MAIN BODY..................................................................................................................................3
Discuss the roles of three main organs of the government..........................................................3
Discuss the remedy of specific performance and the limitations imposed by the courts............4
Difference in between a general partnership and a company......................................................4
Discuss how an employee can be dismissed at law from an ethical perspective.........................5
CONCLUSION................................................................................................................................6
REFERENCES................................................................................................................................6

INTRODUCTION
An internship is the law school is considered to be essentials requirements before having the
start of law career. As intern, it provided a level of clear opportunity in order to have work
directly with proper licensed attorney which is helpful in handling the tough situation in different
cases. In addition to that’s it will be helpful in the thought process by logical manners. As per the
case Samuel have applied for two eek internship with full commercial law in London law LLP.
The report will have outline over various question which is related to the important four
departments that is public, commercial, corporates along with employment and pension.
MAIN BODY
Discuss the roles of three main organs of the government
Executives
This is the branch of governments with major authority and responsibility in the respect of daily
administration of states. The executive branch can be the sources for the certain types of laws as
they are able to make the executive decrees or respective orders as the executive bureaucracies
can be the major sources of legislation. The executive branch has the to ensure that the laws
which is being carried out in order to have collection of taxes, safeguarding in nature and
representing here political and the economical interest all around the world. The executive
department to enforce laws in order maintain and order in state. The department is responsible
for the implementations of the laws and policies which is concerning its work.
Judiciary
This is considered to be the last branch powered as it is ben made up of proper courts systems
which member have the great powered to take the decision in which case which law in needed to
be implemented. The role of the judiciary is to have the enormous powered to have large amount
of checks and balances. On the other hand, judge are appointments along with experts are even
approved by judiciary over the prejudiced appointment process. As the roles there is involvement
of different types of cases which have in different types of court in order to have handling of
criminal matters which will start form magistrate moving to crown court, then hight to court
appeals and at last to supreme court. In addition to that judiciary have role to give justice to
people by having proper interpretation and application of laws. There is more to role in law
making with proper equity legislation for protection of rights.
Legislature
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The existing British parliament is the legislative branch of government which is being made up
of their elected house of commons and the partly elected houses of lords. The main role of the
legislative branch in government to make proper laws for nation. Th law making body is to have
proponents of doing to have hope in order to became the law. The branch has major
responsibility for declaring wars, approving treaties along with impeaching officials
investigating different situation which effects their ability of government.
Discuss the remedy of specific performance and the limitations imposed by the courts
Specific performance is to be considered as the primary remedy which available for the
aggrieved party at the time of breach of contract. This order has the major emphasis of there
performance of the contractual obligations. In the condition when the legal remedy will put the
injured in the position have been enjoyed had contract that’s can been fully performed.
These remedies have the clear inclusion of filing proper lawsuit to have collection of damages or
seeking a court of order. This have the major requirement of the infringing party to have live up
to descriptive obligation. Specific performance remedies require taking a hard stance as to the
language in the contract. The legal terms and issues which are associated with special
performance remedy are such as –Contempt of courts, courts of equity, defendant, injunctive
relief, plaintiff, replevin, trail along with unclean hands and unconscionable.
However, the limits of specific performance in the context in narrow which is based on personal
judgements o abilities of the party which in demand is rarely ordered by court. The reason
behind it is that the forced party will often perform below the party's regular standard, when it is
in the party's ability to do so. Monetary damages are usually given instead.
As per the consideration of case of Clyatt v. United States, 197 U.S. 207 (1905) have nor level
of specific performance on the employment contract. The next case in term of Beswick v
Beswick as the landmark of English contract law case on privity of contact and specific
performance.
Case third Goldsbrough, Mort and Co Ltd v Quinn [1910] HCA 20, (1910) 10 CLR 674, High
Court (Australia).
Case fourth Co-Operative Insurance Society Ltd v Argyll Stores (Holdings) Ltd [1997] UKHL
17, [1998] AC 1, House of Lords (UK).
Shavell, Steven (2005-11-01). "Specific Performance versus Damages for Breach of Contract".
Rochester, NY. SSRN 868593.
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Difference in between a general partnership and a company
Business have to chooses to have create partnership with entrepreneur in which business to have
creation of an emotional support systems by providing financial support for respective
entrepreneur.
The difference between partnership and company is the formation of structure as the
company use of have complex structure due to have large number of people which is involved in
formulation of company. The firm have inclusion of shareholders with complex organization
structure with hierarchy bureaucratic root in which decision and instruction flow. On the other
hand, partnership don’t have complex structures as people have their combing efforts along with
strategies to have proper offering of respective goods and services.
The issues of liability have the next references where partnership owners have there purely
level of responsible for liabilities. In addition to that in case of dissolution the properties partner
members will pay to have liabilities to pay debts which have involving firm. On the other hand,
the form has legal entity which have shielding owners of organization being liable for respective
debts of company.
As per the business taxation aspect, there is different between partnership and company,
where the former one is needed to pay any taxes as losses and profits as individual owners to
have payments of income taxes. In addition to that partners in tended to gave their file of tax
return in order to sharing profits or losses of partnership. On the other hand, company is the legal
entity in which taxes cannot be passed to the individual owner of organization. The company pay
both state and national taxes where the shareholder needs to pay taxes which is more on basis of
salaries, bonus and the dividends which is being receive from profits.
On addition to that’s there is difference in partnership and company on basis of the
transfer of shares from the one person to another’s which is based on articles of the organization.
On the other hand, partner cannot have the transferability of shares without there consent of
another partners. As this have explanation as shares of organization which are traded on stock
exchange whiles the shares of partnerships have the no traded in the depictive stick market.
Discuss how an employee can be dismissed at law from an ethical perspective
Ethical perspective of an employee is considered with level of aspiration in career in terms
of law enforcement, mortality along with integrity as important aspects aspect to have proper
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demonstration. The firm used to have the companies with strong ethic programmes in order to
reduce the cost and level of vulnerability which is helpful in improving the reputation and access
of capital. There is basic ground of dismissal as per the ethical perspective. The ethical
perspective on which employee dismissal can be possible –
Disobediences or insubordination- it is the situation when employee deliberately disobeys
lawful orders which get the employee suspended. On the other hand, if depending on severity
have the disobedience or subordination where the employers which have their swiftly have
dismissing the employee. For eg- employee doesn’t behave properly with manager by ignoring
orders, then manger have right to dismissal him.
Dishonesty- in addition to that the situation when employee have the exhibiting proper dishonest
behaviour at work where the employer can have the use as the fair grounds for dismissing the
one as per the ethical perspective.
Negligence of duty- on the other hand, another ground of dismissal where employee keeps on
level of neglecting of respective duty. For example Mr X As the employee have neglecting duty
which can have results as the loss or damages for employers, the manger have right to dismissal
him. for example, such a check was determined to be insufficient by the court in Ponticas v.
K.M.S. Investments, 331 N.W.2d 907 (Minn. 1983).
Immoral behaviours - as the situation where employee have the behaving of immoral behaviour
which is unacceptable as to have bringing the level of disgraces to the respective firm, work and
colleagues. Hence this is considered as the fair ground on basis of ethical perspective to have
dismissal of employee.
Misconduct- the employee has displaying proper will full mis conduct in work or on other hand
the employee is persistent violent to work which can have fair ground to have the dismissal on
basis of the ethical perspective.
Disclosure of business secret – the situation in which employees which have disclosing the
business secrets of the company to the employer’s competitive firm without the knowledge of the
respective employers will be considers as fair ground for dismissal.
CONCLUSION
From the above file it can be concluded that The executive branch has the to ensure that the laws
which is being carried out in order to have collection of taxes, safeguarding in nature. This have
the major requirement of the infringing party to have live up to descriptive obligation. Specific
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performance remedies require taking a hard stance as to the language in the contract. The firm
used to have the companies with strong ethic programmes in order to reduce the cost and level of
vulnerability which is helpful in improving the reputation and access of capital. Hence this is
considered as the fair ground on basis of ethical perspective to have dismissal of employee
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REFERENCES
Books and Journals
Online
Chen, L., 2019. Inefficiency of Specific Performance As a Contractual Remedy in Chinese
Courts: An Empirical and Normative Analysis.
Waddams, S., 2019. The modern history of remedies for breach of contract. In Research
Handbook on Remedies in Private Law. Edward Elgar Publishing.
Engel, C. and Freund, L., 2017. Behaviorally Efficient Remedies–An Experiment. MPI
Collective Goods Preprint, (2017/17).
Porat, A., 2016. Remedies. Forthcoming, Handbook of Law and Economics (Francesco Parisi
ed., Oxford University Press, 2017).
Oktafianto, M.R and et.al., 2018. Dismissal working relationship using analytic hierarchy
process method. International Journal of Pure and Applied Mathematics, 118(7), pp.177-184.
Subramanian, K. and Megginson, W., 2018. Employment protection laws and privatization. The
Journal of Law and Economics, 61(1), pp.97-123.
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