Business Law and Ethics Assignment 1: Contract Law and Remedies

This report provides a comprehensive analysis of business law and ethics, focusing on contract law principles. It defines contract law, outlines the blueprints of a contract, and explains the English court system in relation to legal disputes. The report then assesses the existence of binding contracts between Hilary and Eleanor, Amy, and Olivia, examining the specifics of each scenario. Furthermore, it discusses various remedies available in cases of contract breaches, such as specific performance and monetary rewards. The report emphasizes the importance of ethical considerations in business decisions and the role of law in facilitating smoother business activities. The provided references offer additional resources for further study.

Business Law
and Ethics-
Assignment 1

Table of Contents
INTRODUCTION...........................................................................................................................................3
Define contract law and describe all the blue prints of a contract..........................................................3
Explain the court system in relation to the English legal system and advise the parties above which
court(s) action to pursue.........................................................................................................................4
Advise Hilary as to whether binding contracts exist between herself and each of the following people:
Eleanor, Amy and Olivia...........................................................................................................................5
Explain and discuss the various remedies available to the parties..........................................................6
CONCLUSION...............................................................................................................................................6
REFERENCES................................................................................................................................................7

INTRODUCTION
Legislation is the body of government which has the specific role to form laws and
policies for the nation. The policies which are formed is essential at the moment because it do
not allow any of the person to commit any of the illegal activity which can create issue for
society or for the nation. It is essential to understand that whenever any of the business activity
are being performed law plays essential role as decision making process becomes easier and
faster. The specified law for commercial sector is business law. In addition to this, ethical values
should be also given equal importance where commercial department should be able to ensure
that their decision will not affect society, nation or environment.
Define contract law and describe all the blue prints of a contract.
The contract law is all about development of legal relation between the involved parties.
Contract are being formed between different parties at different level which means that legal
relations can be developed only with the help of contract law. Parties that are involved within the
contract gets the idea that how they need to perform their any of the task. Above all this, the
most important criteria that needs to be understood under contract law is that party should not
leave their part of work before completing it (Bu, 2019). The breach of contract is understood as
worst situation under which innocent parties may have to suffer at initial level because of the
decision taken by other party. On the other side there are number of benefits which can be seen
within the contract law such as party gets the idea that how they need to perform their work and
what are the criteria that needs to be fulfilled. Also, it helps to identify the benefits which can be
obtained once work is completed by the involved parties.
The detail procedure of contract law is lengthy and number of criteria as well as elements
of law needs to be considered as a part of blue print of the contract. The first step of the blue
print is offer where invitation is given to the person where each of the necessary information are
mentioned stating that how which types of work will be performed and what are the criteria that
needs to be fulfilled by the involved party. The scenario of the offer is needed to be judged by
offeror that whether they are interest or not. If offeror shows their willingness then they need to
draft a written consent stating about the acceptance of the offer. The other blue print of the

contract discusses about consideration which means that both of the party should be benefited
from the formed contract. It is the main term for making any of the valid contract. The other
important term of contract law is legal intention which means that whenever any of the contract
is formed the parties should understand that they will not try to involve any of the family relation
in it as it creates problem within the contract. Overall, all of these blue print are effective and
allows to obtain suitable result through which goals can be accomplished easily within the given
time limit.
Explain the court system in relation to the English legal system and advise the parties above
which court(s) action to pursue.
The court is the place where any of the legal issues are resolved or result is obtained. It
means that decision of court is always crucial in any of the case as it also sets the benchmark for
other person who tries to commit similar form of mistake. There are certain circumstances in any
of the case which explains that identifying the nature of the case is crucial (Kubasek and et. al.,
2020). According to the English Legal system there are mainly two different types of nature of
the case either criminal or civil. In civil, the most of the cases are resolved by imposing monetary
penalty but at the same time, criminal case are mainly resolved with the help of declaring the
penalty in terms of sentence to the defaulter. For the depth knowledge of English Legal system
and their court procedure, detail information has been mentioned below:
Civil Cases: The types of cases where default is mainly performed for performed for
personal benefit. Here, only specific person has to suffer is default is done by any of the party.
But there are some of the situation where case gets into complex situation in it as well due to
which several types of court has been formed. The types of court that has been constituted are
county court, magistrate court, high court, court of appeal and supreme court. All of this court
are there to deal with civil ligations (Hall and et. al, 2018).
Criminal Cases: Any of the criminal case needs to be understood at first in detail so that
it can be identified that what are the law that is applicable to the situation. Secondly, any of the
criminal cases requires proper judgement so that defaulter won’t try to perform any of the similar
sort of mistake. Whenever any of the case needs to be entertained for criminal proceeding there
are some of the specified court such as magistrate court, crown court, court of appeal and house
of lords. All of this court procedure plays the essential role in dealing any of the problem.

The problem within the case needs to be resolved with the help and support of civil
procedure under with county court will play remaining part of the work. This is among the
essential process for solving the case in this respective procedure because this type of court
knows that how any of the contract failure cases are required to be resolved (Murdoch and
Caulfield, 2020).
Advise Hilary as to whether binding contracts exist between herself and each of the following
people: Eleanor, Amy and Olivia.
There are several occasions where person fails to determine that whether they have
formed any sort of contract or not but it is equally important to identify that whether contract
between the party lies or not. In simple words, Hilary was the main character of the given case
scenario, where she tried to form contract with number of persons. Although, she tried but it was
not possible for her to create a legal contract on a every occasion. For identifying about all of
those situations where contract has been formed, different situation are categorized below:
Hilary & Eleanor: The first time when Hilary was interested to enter into the contract
was with Eleanor where she had presented a well defined offer to her. But, the offer which was
presented was not beneficial for Eleanor at the same moment so she again gave a counter offer
but, Hilary was not ready to accept the counter offer. But, when Hilary thought this could also be
helpful for her in attaining the target then Hilary called Eleanor to enter into the contract with the
terms and condition of counter offer to which Eleanor has rejected as reply was too late. It
indicates that parties were not able to form the legal contract in this respective situation.
Hilary & Amy: The given case scenario shows that almost contract has been formed
between this parties but the acceptance letter had not reached Hilary till the time Amy had shown
her rejection. The offer given by Hilary to Amy was helpful for both the party so that Amy had
sent a written acceptance letter to Hilary but later on she changed her mind so she had sent a
rejection through fax (Madden, 2019). It helps to identify that contract could have been formed
but success was not achieved in this particular situation.
Hilary & Olivia: The given scenario for this two parties seems to be effective although
later on dispute has been created between both of them. Discussing it in detail, Hilary was
interesting in selling some of the item are a very low price so that she decided to organize a mega
sale. This sale was applicable for the only first customer who will reach in the sale on the

opening day. Olivia was interested to this due to which she stands in the line for long waiting
hours so that she can purchase product at a very low price. But, at the time of starting the sale,
Hilary decided to not organize a sale. It means that Hilary is trying to breach the terms and
condition of the contract once Olivia has started to perform her part of work in the contract.
Explain and discuss the various remedies available to the parties
Any of the remedies in the case is decided by looking at the situation of the case and it is
necessary to understand that if in any of the situation arises in that particular manner court are
the one who will take the final decision. Some of the situation or the types of remedy which is
available in the condition of breach of contract is listed below:
 Specific Performance: There are certain circumstances where in which it never becomes
easy to fulfil the damages through paying the compensation amount but those losses can
be covered if remaining part of work can be concluded (Dierksmeier and Seele, 2020). It
means that decision of specific performance is always declared by court whenever they
find that competing the remining part of work is only the solution to the case.
 Monetary Rewards: These are also some of the specified ways through which remedies
can be paid off. Even this are also the situation where decision of court is important
where panel decides that what should be the amount of compensation in the of money to
the innocent party in the case.
CONCLUSION
The understanding that came out from the whole study of the file is the business law has a
importance within the organisation but at the same time, decision should be ethical as it should
be trouble any of the person or society. The parties whenever try to perform any sort of work for
each other then it will be better for them to form a contract as it will give proper direction for
performing any of the business activity

REFERENCES
Books & Journals
Bu, Q., 2019. Reassess the law and ethics of heritable genome editing interventions: Lessons for
China and the world. Issues L. & Med., 34, p.115.
Kubasek, N. and et. al., 2020. Dynamic business law. McGraw-Hill.
Hall, M. A. and et. al, 2018. Health care law and ethics. Wolters Kluwer Law & Business.
Murdoch, B. and Caulfield, T., 2020. The Law and Ethics of Switching from Biologic to
Biosimilar in Canada. Journal of the Canadian Association of Gastroenterology.
Madden, T. M., 2019. Law and Strategy and Ethics. Geo. J. Legal Ethics, 32, p.181.
Dierksmeier, C. and Seele, P., 2020. Blockchain and business ethics. Business Ethics: A
European Review, 29(2), pp.348-359.