Business Law: Scenario Analysis and Legal Implications

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This report delves into various aspects of business law through a series of case studies and scenarios. It examines contract law, including the significance of terms and conditions, and explores scenarios involving breaches of contract and the legal recourse available, such as filing cases based on government laws of consideration. The report also discusses arbitration as an alternative dispute resolution method, comparing it to court proceedings and highlighting its advantages and disadvantages. Furthermore, it analyzes situations where legal proof is lacking and the implications of using company resources for personal gain, as well as scenarios involving product quality disputes and contract clauses. The conclusion emphasizes the importance of awareness and adherence to business regulations to protect rights and ensure the smooth operation of business processes. The report references several academic sources to support its findings.
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Business Law
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TABLE OF CONTENTS
INTRODUCTION...........................................................................................................................1
Question 1........................................................................................................................................1
Question 2........................................................................................................................................1
Question 3........................................................................................................................................1
Question 4........................................................................................................................................2
Question 5........................................................................................................................................2
Question 6........................................................................................................................................2
CONCLUSION................................................................................................................................3
REFERENCES................................................................................................................................4
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INTRODUCTION
Business law is considered as a composition of various laws and legislations that have
been initiated in order to maintain a balance between all the processes and operations in an
organisation. There are various aspects associated with it that helps in throwing some impact on
the functioning of processes (Rajabi and Sharifi, 2014). The report is about discussing different
scenarios and issues. Also, the preventive measures and legislations that can prove to be helpful
have also been included in the report.
QUESTION 1
Businesses often contain standard sets of terms and conditions upon which they trade and
that needs to be used correctly. If the Buildt Ltd. signed the contract before dealing and if the
contract stated that the complaint will not be accepted if the defect is not reported within four
weeks of goods being supplied then the Clear View Ltd. has the right contract. They proved to be
superior and powerful as they have legal contract (Rajabi and Sharifi, 2014). According to the
government law, if the contract would not have been signed then this damage was compensated
by the supplier company. Though the terms and conditions given in the contract were printed on
reverse of document but that are also included so the supplier Clearview Ltd.'s contract prevails.
QUESTION 2
As Pipeline Ltd. completed their duty as promised with an extra wage. But now remained
unpaid. WG has promised to pay but now refusing to pay and that is not fair. So Pipeline Ltd,
Acc. to government's law of consideration, A case can be filed against WG. The consideration
must be sufficient and it must move from the promise (Rahman, 2015). So the Pipeline Ltd. can
show the contract signed earlier and tell the whole of apparently due to drainage works and extra
amount offered by WG but unpaid. The company will surely get its consideration of the work
done.
QUESTION 3
Arbitration is the method of alternative dispute resolution that refers to setting of disputes
by third party outside courtroom. It is a simple version of trial involving simple rules of
evidences. It is headed and decided by the panel which contains either both sides agree on one
arbitrator or each one selects one arbitrator; the two arbitrator elects the third one. Its hearings
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last for few days to week and they meet only for few hours per day. The panel then checks and
gives a written decision (Posner, 2014). It is mostly used in labour, construction and but is now
popular in business disputes. Compared to court proceedings, it is a relatively quick process
(Born, 2016). It is highly flexible as compared to court proceedings. It is a confidential process.
Parties can agree to arbitrator who have relevant experience. Some disadvantages are like; costs
can be similar to litigation at court, limited appeal rights available, it is the party’s
responsibilities to bear the cost of both arbitrator and the venue.
QUESTION 4
As the dinner service bought was just hand to hand, means no legal proof that product
bought was said to be the work of Wally Cole. So, no case can be made based on these
obligations. Even if any case is registered, the court asks for the legal proof and because it is not
available, the court rejects the case or the judgement is against Amber (Boghossian, 2014). Next
time before buying anything from anyone, make sure fully documented bill is provided to get
saved from breach. No trusting such friends who sell products without any bill. Get full details
about the product.
QUESTION 5
David must have made this thing clear to his boss of Country Pine because there are
different rules and regulations of each company. It means that there are different norms of every
organisation. There might be in the norms of the Country Pine that while working as a full time
worker, any of the employees cannot work in any other company. But still, David was working
and dealing antiques as well. Also, he was using the van of the Country Pine for his own
business of antiques. This means using the resources of some other organisation for their own
purpose and it is not legal. Therefore, it can be considered as to be right enough for the manager
of Country Pine as he was making use of the resources of Country Pine for his own purposes and
also, this can be considered as a sort of breach (Born, 2016).
QUESTION 6
As discussed in the case study, Rye Council made an agreement with the Flash Ltd. about
the fireworks they were about to use. But when they didn't get burden, Rye Council complained
the same to Flash Ltd. In reply to that, they showed the clause in the contract that they are not
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responsible for the quality of the crackers. So, this means that there is a fault of Rye Council that
they did not go through the contract papers clearly because if they had gone through the same,
there might be lesser possibility of this to happen (Khait, Falehand and Mrayyan, 2015).
CONCLUSION
It can be concluded from the report that there are various laws and legislations that have
been proposed by the government in order to protect the rights of people. So, following and
staying aware of each regulation is considered as one of the essential factors that can help in
achieving all the processes and operations in an appropriate way.
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REFERENCES
Books and Journals
Boghossian, P. A., 2014. The rule-following considerations. In Rule-following and Meaning (pp.
151-197). Routledge.
Born, G., 2016. International arbitration: law and practice. Wolters Kluwer.
Khait, A., Faleh, A. and Mrayyan, M.T., 2015. Minimization of Physical Restraint and Avoiding
Breach of Autonomy's Right Among Patients with Dementia.
McKenzie, D., 2017. Challenging the binary of custom and law: a consideration of legal change
in the Kingdom of Tonga (Doctoral dissertation).
Posner, R. A., 2014. Economic analysis of law. Wolters Kluwer Law & Business.
Rahman, I., 2015. An Analysis of the Application of the'Last-Shot'Rule to Tackle the'Battle of
the Forms' in English Law. European Journal of Commercial Contract Law. 7(4).
pp.101-108.
Rajabi, E. and Sharifi, F., 2014. Battle of the Forms;(Comparative Study on Some of National
Legal Systems and International Instruments). Comparative Law Researches. 17(4).
pp.43-62.
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