Business Law Report: Legal Solutions for Business Disputes Analysis

This report provides an overview of business law, focusing on contract law, employment law, and company law. It analyzes three case studies, presenting salient legal points for each, and suggests appropriate legal solutions. The report examines the legality of contract variations, consumer rights regarding billing disputes, and the process of a winding up petition. It also provides justification for the advice and solutions given, comparing and contrasting the effectiveness of mediation, ombudsman services, and arbitration. The report concludes with a critical evaluation of these different legal solutions and provides references for further reading.

Business Law
(TASK 2)

Table of Content
 Introduction
 Overview of Contract law, Employment law and
Company law
 Salient legal points of each case
 Suggest an appropriate legal solution to each of
the problems.
 Provide justification for the advice and solution
given
Compare and Contrast the
effectiveness of these
recommendations
Critical evaluation of different legal
solutions
Conclusion
References

Introduction
Business law is a body of legal provisions governing on
business activities. It regulates buying and selling of
products or entity. Every organization must abide by
these in order to carry a lawful business. The report
covers legal solutions through which range of
disputes can be resolved in a company.

Contract law: It is defined as an agreement between two parties that has been formed to
fulfil an obligation in exchange for a value. Contracts in UK are regulated through Sale
and Supply of Goods Act, 1994. For example, every contract contains terms and
conditions according to which a deal is completed and any breach in the clause may
revoke the contract. For example, a buyer has failed to make the payment within time
specified in the contract. So, it will be treated as a breach of terms and condition which
would render it as revoked.
Overview of Contract law, Employment law and
Company law

CONTINUE…
 Employment law: In UK, Employment Act, 2002 has been enacted to protect employees against any
discrimination. For example, an employee, who has been denied for his share of paid
leaves can approach Employment Tribunal for filing a suit against his employer.
 Company law: A company law is the body of law governing rights, relations, and business of an
organization. For example, ABC Ltd. Has taken deposits from large number of people,
but failed to provide interest as per the documents and contract. Then, it will be
treated as an offence and corporate veil will be lifted to investigate the matter in
order to find the one responsible for the punishment.
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Salient legal points of each case
Case 1: In the given case, Gordon is a salesman in Orange Computers Ltd. Store. The employment contract
executed contains annual salary and commission to be paid is £10,000 and 9%, respectively. The question is
that, if an entity is adversely affected due to competition then can it make variations in the contract. Further, if
the modifications have been accepted then salary which has been forgone can it be claimed later?
Case 2: In the given case, Janet contacted Virgin Media to arrange and install internet package costing £35/month
which included monthly charge of £11 for telephone. . If a customer has been charged wrongly then what legal
solution can be used in case of a private citizen and a company? Will the invoice be changed and amount be re-
calculated from the time the service has actually been availed?

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Case 3: In the given case, Blackhorse Ltd. Is a an entity
engaged in providing security guards to other business
organizations. The company has employed 50 personnels
and has minimal overheads other than wage cost of
employees. One of its four customers has left the
company with a bad debt of ￡ 100,000. What is a
winding up petition? Can a single creditor file it? What
could be the other possible method through which the
matter can be resolved without going to court?

Suggest an appropriate legal solution to each of
the problems.
Case 1: The dispute in this case is related to variation in terms of contract for which approval from
all employees including Gordon has been received. A modified contract become valid if it has
been accepted by the both the parties involved in the deal.
Case 2: In this case, Janet felt that she has been overcharged for telephone line which must be
counted after three weeks of installing internet.
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CONTINUE…
Case 3: Winding up petition is an order form the court which makes an insolvent company to go
into liquidation and pay off the debts by realising its assets. It can be presented by a single
creditor provided sufficient evidence must be there to prove the financial obligation.

Provide justification for the advice and solution given
 Mediation is useful to use as its inexpensive and speedy. Furthermore, agreement can not be enforced by
law so modifications can be done according to parties.
 Ombudsman provide independent judgement based on facts found while investigating the matter. The
decision provided by the person may or may not be legally binding but is considered due to weight carried
by such judgements.
 Arbitration is a very useful, cost-effective and expeditious method to conclude a dispute. An arbitrator
provides his judgement without any being prejudiced which can be relied on. The decision is final and
binding.

Compare and Contrast the effectiveness of these
recommendations
On comparing and contrasting, it can be said that arbitration is an appropriate method for resolving any types
of conflicts. It is an out-of-the court settlement whereby arbitrator's decisions is assumed to be final because
it has been formed on the basis of evidence and facts. On the other hand, mediation is useful for resolving
matters between employees and employers. It is comparatively less formal, hence, there is no certainty
about its conclusions. Also, on comparing ombudsman, it has been found that, person investigating the
matter may or may not take related surroundings and evidence, hence, may not reflect an accurate solution.

Critical evaluation of different legal solutions
(a). Mediation:
Advantages
Comparatively inexpensive.
Flexible solutions and settlements
Disadvantages:
Legal precedent can not be set in mediation.
No formal structure.
(b) Ombudsman:
Advantages:
Independent from government.
No cost.
Disadvantages:
Long procedure.
Decisions are not legally binding.

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(c) Arbitration:
Advantages:
Decisions are made on fair basis.
There is increased confidentiality.
Disadvantages:
The decisions can not be challenged in courts.
It lacks in cross-examination.

Conclusion
As per the above report, it has been concluded that business law is vast in nature. Every organization is required to
follow legal provisions which makes the business legal. Further, there may arise disputes or conflicts which
should be resolved with appropriate legal solution.

References
Chew, P.K., 2017. Contextual Analysis in Arbitration. SMUL Rev. 70. p.837.
Griffith, D.A. and Zhao, Y., 2015. Contract specificity, contract violation, and relationship performance in
international buyer–supplier relationships. Journal of International Marketing. 23(3). pp.22-40.
Lavi, D., 2015. Three is not a crowd: online mediation-arbitration in business to consumer internet disputes. U.
Pa. J. Int'l L. 37. p.871.
Mann, R.A. and Roberts, B.S., 2015. Business law and the regulation of business. Nelson Education.

Thank you