Law for Business Managers: Contract Law, Business Medium, Employment

This report provides a comprehensive overview of key business law concepts. It begins by differentiating between an offer and an invitation to treat, supported by case law such as Harvey v Facey and Carlill v Carbolic Smoke Ball. The report then advises Claire and Ric on selecting suitable business mediums, exploring the advantages and disadvantages of partnerships and private limited companies. Finally, it examines employment law and health and safety regulations, advising Josephine on her obligations to employees under current legislation. The report analyzes legal aspects of business operations, making it a valuable resource for students studying business law. The report covers contract law, business structures, and employment law, with references to key cases and relevant legislation. It offers practical advice for business managers, highlighting the importance of legal compliance.

Law for Business
Managers

Table of Contents
INTRODUCTION...........................................................................................................................................3
PART 1.........................................................................................................................................................3
Discuss with the reference of Key cases about the difference between an offer and invitation to treat 3
PART 2.........................................................................................................................................................5
Advise Claire and Ric on two suitable busines medium highlighting their advantages and
disadvantages..........................................................................................................................................5
PART 3.........................................................................................................................................................8
Advise Josephine as to the implications of these working conditions for her employees under the
current health and safety legislation.......................................................................................................8
CONCLUSION...............................................................................................................................................9
REFERENCES..............................................................................................................................................10

INTRODUCTION
Every business requires manager who can perform their part of work as per the given
requirement. In this type of scenario, it is necessary to make clear that any of the business
manager who needs to perform their part should be based on the order received from the top-
level management. At the same time, there are certain types of terms and condition of law which
should be undertaken while taking the decision. For better result, each of the manager has the
role to take decision with the help of business law where each of the detail about commercial
sector has been mentioned. In context of the file, there are different types of topic that will be
covered such as reflection upon contract law and its some of the terms such as offer and
invitation to treat will be considered. The highlights of the file will be upon different types of
organization as well which can suggest to select the types of organization at the time of making
investment. Also, points related to employment law and health and safety law will be focused.
PART 1
Discuss with the reference of Key cases about the difference between an offer and invitation to
treat
On a daily basis, people enter into the contract but they do not have the knowledge that they have
been performing their work under the terms and condition of contract. It is because any of the
written documents are not prepared in it. But on the other side, when any of the legally binding
contracts are formed it must be ensuring that none of work is being performed of own. Secondly,
it is also equally important that task mentioned under contract law are being completed within
the given time period. This are some of the essential requirement which must be met out in any
of the contract (Ball and et. al., 2019). In addition, there are some of the important terms which
must be considered under contract law and they are offer, acceptance, offer to treat and many
more. Among these terms, some of the them has been discussed below in detail for
understanding it in detail:
Offer: In any of the legal contract forming process, offer should be present at initial level
because it will include all of the terms and condition regarding the procedure that needs to be
followed for performing any of the task. Any of the offer is made to any of the specific person
which means whenever any of the offer is made to specific person then it will not be applicable

for any other person or the party. Not only this but it is also essential that the guidelines of offer
should be legal in nature because it is the only way through which any of the contract can be
formed. Also, each of the condition mentioned under offer should be clear and fair that can be
understandable to each of person offeree. While forming the legal contract, acceptance can be
shown only in the condition where offer has been made which shows that how important role
does offer play in creating binding contracts (Chow and Schoenbaum, 2020).
Invitation to Treat: It is quite different as compared to offer because offer is always
made to specific person but invitation to treat can be made to large number of people at a same
time. It is even a initial stage of offer. Any of the invitation to treat are being made with the help
of advertisement, auction, promoting the goods and services etc. In any of the circumstances, it
can be explained that invitation to treat are legal binding that should be followed. As offer are
not being made at this particular stage so there is not requirement to insert any of the legal terms
and condition in it because it may create further issues. There are some of the condition where
reply from the party or client is essential but case of invitation to treat is different as there is no
requirement of replying to the question in this particular stage. This are some of the crucial
things which comes under invitation to treat.
Distinguish between offer and Invitation to treat
Offer Invitation to Treat
If one of the individuals expresses its
intention to do any of the task along with
another individual, this specific circumstance
is recognized as an offer.
That condition in which an individual
attempts to show a few of the concepts to
some other person that wants him to create a
proposal is regarded as an invitation to treat.
An offer may be made given to the defined
individual as well as its reply is critical in
determining whether or not it will establish an
agreement (Grobovšek, 2020).
It is wholly separate even it could be
addressed to a variety of people in total and
where all the impartial observer will go on to
establish a binding document.
In any kind of offer, thorough description of
each of the contract terms is needed.
Invitation to treat that each of the contract
terms must be provided is not required
contractual obligations.

On the basis of above discussed terms, it can be determined that previously number of
similar cases has been discussed that relates with offer and invitation to treat. For example:
Harvey v Facey is the famous which is related to invitation to treat but involved Harvey thought
that offer has been made but later on judges solved out the matter but focusing on the point that
there was just in invitation but one of the parties misunderstood the whole concept. There are
other cases as well such as Carlill V Carbolic Smoke Balls (Katsos and AlKafaji, 2019). The
circumstances of the case show that offer has been made by one of the parties which was further
accepted. Later on, it was identified that contract has been breach due to which legal action has
been taken. This simply shows that if offer has been made and acceptance was also shown then
there is no any circumstances under which party can deny from performing their part of work.
Cases such as Fisher v Bell [1961] 1 QB 394, Pharmaceutical Society of Great Britain v
Boots [1953] 1 QB 401 are also relatable to condition of offer and invitation to treat.
In short, it can understandable from the whole discussion that both offer and invitation
are different from each other. Whereas as it is also equally important to identify that whether
party has shown offer or invitation to treat as further procedure needs to be followed in
appropriate manner.
PART 2
Advise Claire and Ric on two suitable busines medium highlighting their advantages and
disadvantages
Business are being commenced on a daily basis but there way of performing any of the
activity is always seems to be different as compared to each other. Any of the business are
performed with the help of investors which means that they are the one who always plays the
role in decision making process (Kelly and et. al., 2020). As investor needs to know that how any
of the business activity needs to be performed then it certainly indicates that each of the involved
investor must have the knowledge regarding different types of business so that desire result can
be obtained. Also, it will help them to know that how they can raise additional fund whenever
there will be any sort of requirement. Even the given case scenario in the question indicates that
Claire and Ric want to establish a firm where they also require to raise fund from bank but bank
wants to know about the business. By keeping this point in mind, some of the types of business
has been explained where Claire and Ric can show their interest.

Partnership: The business which can be started with the involvement of at least two
different people is known as partnership firm. This form of business is performed at a small
ground as compared to legally registered organization as per the guidelines of Companies Act.
The maximum limit for the partner is also 20 which cannot be exceeded in any of the
circumstances. The partnership firms are those business organization where entrance and the exit
of any partner does affect the business because in that respective condition new deed is to be
prepared. For making the concept of partnership more flexible, there are two types of partnership
firm can be registered (Madden, 2019). One is general partnership whereas other one is limited
liability partnership. Both of this partnership firm is important as one gives equal right to each of
the partner because involvement and risk is equal. At the same time, other one does not give
equal rights to each of the partner because unlimited liability arises upon the single partners and
other have limited one. Although, performing business activity and more flexibility can be seen
in these types of business organization but in any of the circumstances legal rights to sue and be
sued on the name of firm is not authorized in it. In between all of this process, the most
important thing is that partners get the huge benefit in it because the formation process is very
easy as compared to other form of busines. It means investors can be easily influenced for this
form of business. The essential documents required to start any of the partnership firm is
partnership deed, HRMC. Every business carries some of the positive sides and negative side and
even partnership firm also have the same and that is listed below:
Advantages
 The advantage of any of the partnership firm is that benefit at the time of filing the tax
can be obtained which is generally missing in other form of business.
 In any of the partnership firm, there is no requirement of preparing the annual accounting
statements in detail as only overview of the transactions is more than sufficient (Mea and
Sims, 2019).
Disadvantage In any of the circumstances, legal rights are not being provided to these types of business
which is one of the major drawbacks. There is higher probability that conflict and dispute can take place between the partners
which can easily end the partnership agreement.

Private Limited Company: The business organization where involvement of outsiders
cannot be seen at any of the circumstances and even legal rights are also provided then it is
termed as private limited company. It is among the most popular form of business at current
situation which can be result oriented and it can be helpful in obtaining the result that any of the
investors wants to achieve. On the other side, talking about this types of business, only limited
number of people are involved but entrance and exit of any investor do not affect the business in
performing their business activity in systematic manner (Menashe, 2019). It is essential to
understand that whenever any of investor shows their willing to this form of business then
chances of failure reduce because each of the activity are being performed according to the
requirement of law which always plays the crucial role. Discussing it in detail, there are certain
terms and condition that needs to be followed under private limited company and if those laws
are not being followed then legal action can be taken easily. It means that each of the decision
that are being taken in this form of business must be taken by analyzing the law and its policies.
It means that any of the decision should not affect the law and policies. To start any of the
private limited company, it is important for the investor to decide the name of a firm including its
total number of members who are involved within the business. The MOA and AOA has a
significant role in these types of business where these documents need to be submitted in
Companies House include the fees of registration.
Advantages
 The legal rights are always provided to this form of business due to which large number
of investors are attracted towards this form of business.
 Secondly, if any of the investors wants to take an exit from the business then activity of
firm can be continued (Mohammad and Husted, 2019).
Disadvantages Lots of legal requirements are there which needs to be fulfilled which creates additional
burden upon the business organization. If any of the party fails to perform their part of work then in that respective higher
penalty can be imposed upon defaulters.

PART 3
Advise Josephine as to the implications of these working conditions for her employees under the
current health and safety legislation.
Case Scenario: The given case scenario suggests that performing any of the business
activity is not a difficult task and certain terms are required to be fulfilled. IN the same manner,
Josephine is conducting the business activity but there are some of the major problem from
which her employees are suffering. Such problem relates with wiring issues, no fire extinguisher,
lack of proper equipment for safety, no emergency exit has been prepared, even working space
that has been provided to employee are not suitable. Also, the machines are leaking due to which
floor is wet on most of the occasion.
The given case scenario suggest that the company of Josephine is not able to work
according to the requirement of law and policy. If this type of condition will continue then
organization might have to suffer from huge problem because this sort of activity will directly
affect the life of employees (Nellermoe, 2019). For understanding the given scenario in detail so
that appropriate suggestion to Josephine can be given, proper law and regulations has been
explained in detail:
Employment law: This respective law governs the relation between employer and
employee because contribution from both the side can only provide the way through which goals
and target can be accomplished of the respective organization. As per this law, there are some of
the legally binding terms and condition that has been included but option has been given to
employer and employee to include some of the terms and condition of own so that work can be
performed as per the requirement. Talking about employment law in detail there are number of
sub law that has been formed over here through which each of the concept can be understood in
detail. Those laws are factor act, wages act, health and safety act and many more (Schwepker Jr,
2019). It means that in any of the circumstances employment law and its sub-laws and policies
should not be breached.
Health and Safety law: The law relates with the safety and security of employees
working within the organization. As per health and safety law, employees are such weapon for
the company which can support in achieving the targets and by considering this particular factor,
organization should ensure about the safety of their life. It means that any of the organization has

the mandatory duty of providing proper working environment to their employees including all of
the facilities which can help to motive the employees to perform their task in desire manner. In
any of the circumstances, employer should not fail to meet out the guideline of employment law
because in that particular situation they might have to suffer from huge problem.
After analyzing both of the above-mentioned law, it becomes mandatory for the director
of Best Body Ltd that she should be able to provide proper working environment to her
employees. There are number of additional requirements which Josephine has to look for like she
must be able to bring changes to the electric wire because its current situation it can be risky for
the life of employees (Sloane, 2019). Some of the unwanted situation may occur which means it
is the responsibility of Josephine to fix the fire extinguisher so that problem related to fire can be
resolve in primary stage only. Also, the machinery should be changed which are leaking as wet
floor can create issues in performing the business activity in a smooth manner.
CONCLUSION
The discussion made with the project clarifies that goals in the business can be obtained
easily if manager of the company is responsive towards each of the activity being performed in
it. Secondly, there is requirement to understand the concept of contract law as it is quite lengthy
which means that any of the misunderstanding can create legal dispute between the parties. The
formation of company is always playing the important role to decide that how long organization
can perform within the market for attaining the goals. At the end, there are some of the
circumstances where employer fails to meet out the requirement of health and safety law but it
does not mean that they conduct this form of activity by knowingly.

REFERENCES
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Review of Economic Studies, 87(5), pp.2256-2289.
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Sloane, G., 2019. 'Breaking up Is Hard to Do': Conceptualizing the Artist-Manager Relationship
as a Marriage for Purposes of Alternative Dispute Resolution. Cardozo J. Conflict
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