Business Law Report: Strawbridge Case Study Analysis

This report examines key aspects of business law, focusing on contract law, employment law, and the tort of negligence. The report begins with an introduction to business law, followed by an analysis of contract law, including the elements of a valid contract, types of contracts, breach of contract, remedies, and exclusion clauses. The report uses the case study of Strawbridge, a manor farm, and its dealings with Alfresco Catering Ltd. to illustrate these concepts. The analysis includes discussion on the Sales and Supply of Goods Act 1994 and the Unfair Contract Terms Act 1977. Furthermore, the report explores employment law, addressing the relationship between employers and employees, and the legal obligations and rights within the employment context. The report uses the Strawbridge case study to highlight issues related to workplace safety and employment law violations. The report concludes with an overview of the tort of negligence and its implications for business operations.

Business law

TABLE OF CONTENTS
INTRODUCTION...........................................................................................................................3
Question 1: ......................................................................................................................................3
Question 2: ......................................................................................................................................5
CONCLUSION................................................................................................................................7
REFERENCES................................................................................................................................8

INTRODUCTION
Business law encompasses of all the law, it is the guide for the business which control
unlawful activity it refers to the law. Business law dealing with several matters which is related
to commercial law and common law. Present report based on business law which going to
explain the employment law and legal norms of contract or breach of contract. It will base on the
case study of Strawbridge which is a manor farm. In 1970 as a result of the UK joining
Strawbridge ceased producing apples. After some years they revitalized their apple producing
industry and export their apples to Alfresco Catering Ltd. Along with that, it will explain the
contract law and employment law.
Question 1:
Contract Law: contract law is the voluntary or a group agreement between the parties which
creates some promises and obligations in order to accomplish the task withing particular time
period. Agreements binding with the law then agreement become the contract which creates safe
and secure contract under the law (Allen and Kraakman, 2016). Contract have two types contract
may be written or expressed between the parties. In order to make the contract valid or
enforceable by law following things should be consider.
 Offer must be in details exactly what will be provided.
 Acceptance must be required of both the party in order to make the contract valid.
 Consideration must be disclosed before the contract has been made, whichever is
exchange between the party.
 Capacity of the parties should be according to the contract law such as party should not
be a minor person or disable or not having any mental ability.
 The intent of both the party is expressed clearly.
 All terms and condition is enforceable by law then it is called contract.
In accordance with the case, it can be concluded that both the parties may breach the
contract law (Ball, 2015). Contract law is the voluntary mutual concern of both the parties which
is enforceable by the law. Contract creates legal binding on both of the parties. Contract is the
agreement between parties on the behalf of some considerations. Besides, it may be written or
oral between both the parties. Without the presence of legal laws contract would not be valid in
terms of law. Contract is the indispensable tool of the business which is done by the some
specific purpose such as Strawbridge and AC they both made the contract for supplying apple
from straw bridge to AC, due to some circumstances the contract has been breached. On the
basis of analyzing the concern of both the party final decision has been make. In order to make
contract there are six elements which is very essential for the formation of a contract such as
offer, acceptance, capacity, intention, offer, consideration and legality. Without the having these
elements business man having high risk in its business environment. There are two types of
contract Bilateral and unilateral. In unilateral form one party give promise to the other party and

other party provides performance. Besides bilateral contract is the two way contract one party
make promise and other party will also make promise such as between Strawbridge and AC.
They both made bilateral contract in which drawbridge promise to supply fresh apples to AC on
the behalf of monetary terms (Bird, Cahoy and Prenkert, eds., 2014). In case of breach of
contract both the party will liable to pay the loss amount. Contract has breach when one of the
party has fails to perform according to the terms and conditions just like between Strawbridge
and AC, in December AC refused to pay for the apples because they claim on the Strawbridge to
not sending the quality of apples. On the other side Strawbridge claim to AC that, they already
told before that apple would be freezing this type of apples. This is the false concern and one
more thing has clear that according to the contract terms and conditions Strawbridge having zero
liability for any defects in the supplied. There are types of breach of contract from which
contract has been breaches. Contract is breached when repudiation, failure, sabotage has
occurred.
Repudiation: this is the first type of breach of contract in which party declare that he will
not interest to accomplish the performance required by the contract. This situation occurs before
the accomplishing time period. On the other side innocent party may claim or sue the party for
damages or loss (Blount and Nunley, 2015). According to the case AC refuse to pay for the
apples before accomplishment of task.
Failure to perform: in this case of breach of contract one party fails to perform the task
which has been mentioned in the contract. There is no express repudiation means party fails to
perform the task without informing to other party. There are many reasons to not perform the
contract conditions. The remedy take part into action in partial performance.
Sabotage: in this another case of breach of contract is that, in which party may perform
willful act in contradiction to the agreements in case of a magician contracted to appear at a
resort. On the other side,
In case of any termination or breach of contract innocent party may take action against
the fraud party. There is some remedy for the innocent s party may take.
Limitation of Period
An aggrieved party may take action against another party before the end of the
period other wise claim is barred.
Due to mitigate
Under contract law and civil law generally injured party has responsible to
mitigate or contain damages as much as is reasonable possible. It is the responsibility of injured
person to claim on the other party in order to take the claim amount (Bulchandani, 2017).
Undue influence
This is another misrepresenting which party did with the wrong offense. In case of
Strawbridge and AC ltd.

On the basis of above section, it can be concluded that there are many false
representations which done by the business persons in order to take the effective action there are
some remedies to get rid over it, as per the case AC has responsibility to pay the amount of
apple. In case of breach of contract Strawbridge may adopt following remedies (Butcher, Epps
and Cleaveland, 2015).
Rights to sue for specific performance: it is the right of suffering party to sue on the
specific person which has breached the contract. In according with the present case Strawbridge
has right to sue on the AC ltd in case of any misrepresentation.
Right to sue for injunction order
It has been given by the law that issued by court restrict in a person from doing a
particular thing is called injunction order.
Right to sue for recession of parties
Claimant party may sue to the other party in order to breach the contract in
between the period (Clarkson, Miller and Cross, 2014).
Duty of care was owed
It is the individual which owe a duty of care to another in order to ensure that in future
there is no harm to others. If some happened found, it means contract become void and breached.
Claim become comes on tortfeasor to compensate the victim for pay the loss amount in such
cases straw bridge is liable to pay amount of bad apples. They supplied to AC company.
Exclusion clauses
Exclusion clause result in minimizing the liability of the firm even if there is breach of
contract. Such should be involved in the contractual action before formulation of any agreement.
Further it needs to possess all the legal frameworks as well as aspects. As per the case with
Strawbridge and AC must be according to the case where Strawbridge has responsibility to make
sure the apples before transporting to other party. There are many approaches in exclusion plause
such as common law, statutory controls
Incorporation: in order to be in the contract it is necessary for the parties to provide evidence
and point out that it really is ab part of contract. It must includes some elements given below
 By signature
 By Notice
 By course of dealing
Signature
If the plaintiff signs a document having contractual effect containing an exclusion clause.
This will automatically form a part of contract. Any document or contract party signed it without
knowing the terms and conditions. This liability is fully owned by the individual. However, party
will not binded by any exclusion, if exclusion is based on oral misrepresented.

Notice
It is the another term of exclusion law in which some documents in an unsigned
document such as ticket or notice. In such cases reasonable clauses shall be given. In this clause
court will not enforce an exclusion unless party affected by that actually was aware of its
existence. It is necessary for the party to make attention before or at the time when they entered
into the contract.
Course of dealing
it is the another term of exclusion clause this course of action, in which party has not
been incorporated where there has been a previous consistent course of dealing
Clauses
 Contract has bee incorporated into the contract
 it has been made clear and perfectly
 Adheres to unfair contract terms act 1977 and should be fair contract of consumer.
Importance of construction
Law is very necessary and important in the contract and agreements in which they apply
different obligations and rights upon the parties. Which also very necessary for the organization
to make effective changes. It is important term to enforce some legal implications on the party. It
saves the contract and interest of both the parties.
UCTA unfair terms act 1977
It is the unfair contract terms act 1977 of parliament in UK. It helps to restrict the
operations and legality of some contract terms. It provides another action and refers source of
action. Court will give punishment and take legal action against the unlawful party which adopts
wrong misleading in the contract.
Conclusion: Overall conclusion is that exclusion is the necessary clause which helps to protect
from loss and provides some legal action plan against fraud party.
Sales and supply of Good 1994
Sales and supply act 1994 which has amended the sale of goods act 1979. It protects the
rights of consumer and commercial contracts.
Specific goods: this is the good which is identified and agreed by the purchaser.
Future goods: Future goods are those goods' that are meant to be manufactured to the buyer
specification.
Unascertained goods: goods are defined by description in a different way.

Question 2:
Tort of negligence
This is the process which negligence the process which makes contract breach and void.
It is the process of giving punishment to another party. It includes some elements which includes
duty of care, breach, Causation, Damages, on the other sides it helps to take the next necessary
steps in terms of making proper changes.
Employment law: Employment law is the most important and necessary law which make
between employer or employee. At the time of entering into the job both employee and employer
get into the employment law where employer and employee makes promises in order to obey the
roles and responsibilities. Along with that, it is the most effecting and approachable task for the
company (Dove, 2016). Employment law creates legal obligations and rights in the contract. In
case of any breach of contract wrong party has liable to pay the claim amount and facilities.
Employment law includes hiring process, wages and benefits, employment discrimination,
family & medical leave, workplace privacy, losing job, whistle blowers, workplace safety and
legal help and resources. In according to the case of Strawbridge and Silas employer fails to
adopt workplace safety and breach the contract of employment law. Silas has left his two fingers
during the working on damage machinery. In that, case Strawbridge claim that, precautions has
already mentioned that no one use the machines. But still Silas use that that machines. According
to the law employer supposed to adopt some safe steps in order to keep working environment
safe and secure. Silas has right to claim the company for his loss (Frankle and et.al., 2014).
Employee safety and health is the responsibility of the company. It is the first and
foremost duty of the company or organization to keep the working environment safe and secure.
In accordance with the occupational safety and health act of 1970 was mentioned that employee
prevention is the right of employee. This law has been passed to require employee safety at
workplace. Occupational safety and health act helps to adopt all necessary equipment’s in the
workplace which help to protect the health of the employees. Besides, Strawbridge should
responsible for the certain happened with Silas. It is the employer duty to ensure about the
maintenance of machinery. In case of any serious case employer has liable to pay for all the
demise. There are some obligations of employer giving below:
Employer obligations
Employer should have responsible to give safe environment to their employees with a
place which is free from hazardous (Halliday and Shaffer, eds., 2015). They also try to reduce
hazardous elements from the workplace which harms employees. In according to case, it was the
responsibility of Strawbridge to ensure that weather machine is in good condition or not.
Besides, employer also have responsible to give proper training to employees about using
machinery items. Provide them all equipment, guidance etc. there are some duty and obligations
of employer.

 Employer has to provide training and defense styles.
 Keep accurate records of employee injuries and illness.
 Keep all safety needs in the organization premises.
 Provides medical or health insurance.
 Remove all those equipments and improper unsafe machinery which may harm to
employee health (Mann and Roberts, 2015).
 Provide all losses and expenses in case of any injury of employee during working hours.
Employee Rights
There are some rights which is necessary for employees to be adopt in case of any
uncertain situation. Along with that, it is the right of the employee to work in only those
industries or place which are safe and secure (Workers’ Rights, 2016). Take all legal action s
from the company. Inspect before work that weather place is good or not for the health. Along
with that, in case of any accident take claim from the company. In accordance with the case with
Silas they need to adopt some legal action against the company if they not give any
compensatory amount. This is the duty of Strawbridge to bear all medical expenses of Silas and
give them full rest. On the other side every employee should have right to claim on the company
in case of any harm and injury (Mann and Roberts, 2015). Every employee has right to work in
risk free environment. Employee and employer agree on the agreement of employment contract
along with that, employee is the required factor in the organization. As per the present case,
during the working on machines Silas left their two fingers left. On the other side, it was very
necessary to adopt the necessary item in the company which protects the needs of employees.
Company should have responsible to manage the function and maintain the proper safety
environment in according to take care of employee safety. Silas has right to take amount from
the company. On the other side, it can be concluded that, company is liable to pay the
compensatory amount to employee. On the other hand, company is also liable to pay the amount
of the organization. Moreover, along with that, employee is the effective process in order to take
the effective process. It is the responsibility of the company to adopt the effective environment I
the company in order to settle the conflict or issue. Employee should have right to claim on the
company for compensation (Roach, 2016). Here are the steps which taken by the Silas for taking
his claim amount.
Step Outcome
Step 1: Employees needs to report the accident
to employer
Employer report of accident give to the MOM
and pays medical leaves wages, medical
amount and all other expenses.
Step 2: in second form submit the claim
application form to the office
MOM is the tool through which employee
claim the form against employer. If in case
employee doesn't want to claim in that case
employee get an acknowledgment from MOM

Step 3: now in next process employee needs to
go for medical application for claiming the
amount.
Degree of permanent incapacity is assessed and
so in that case claimant is eligible for that
claim (Van Uytsel and Wrbka, eds., 2016).
Step 4: in last process employee get receive the
notice of assessment (Van Uytsel and Wrbka,
eds., 2016).
They he will know the compensation amount.
Tort of Negligence
Tort of negligence has a particular meaning and significance, it is the legal wrong process
suffered by someone at the hands of another who fails to take proper care to avoid what a
reasonable person would regard as a foreseeable risk. According to case Heaven V pender 1883.
In which party duty of care was owed and there was a breach of duty. It is the contractual
relationship between the parties. These includes some essential elements
The duty of care
This concept was created by the Donoghue case, the house of lord stated that every owes
a duty of care to their neighbor. This is the directed by the act. Another case of Anns V Merton
London Borough Council 1977 which explains the importance of duty of the parties.
Breach of duty of care
The real issue is that weather or not actions of the defendant were sufficient to meet their
duty. Court has set some standards and laws to make sure about the duty of care.
Loss or Damage as a result of the Breach
if in case claimant simply has to prove that the loss of damage is the direct effects of
breach of contract. For example Barnett V Chelsea in which doctor negligence sent a patient
home and patient die. In this case doctor has to face consequences of negligence.
CONCLUSION
From the basis of above section, it can be concluded that, business law is the contract
between two parties which gives equal consideration and liabilities to perform the task within
time period. In the both case where in first case report was discussed about the breach of contract
has been done from the side of AC ltd. In that case Strawbridge company has right to sue or
claim on the other party. In second case where it is the responsibility of the employer to provide
compensatory amount to the employee in order to fill the damage of two fingers and bear all
expenses of the employee. Moreover, it also discussed about different types of breach of contract
and their roles and responsibility. Moreover, contract is the promise between two persons for
specific period of time. Business law is the guidance which guides people about what to do what
not to do.

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