LAW011-1: Business Law - Contract and Employment Law Case Analysis

This report provides an analysis of key aspects of business law, focusing on contract law and employment law. The contract law section outlines essential elements such as offer, acceptance, consideration, and legal intentions, illustrating these concepts with a case study involving Gabriela and Delia. The employment law section discusses various employee rights, including fair wages, equality, health and safety, and different types of leave, while also differentiating between wrongful and unfair dismissal. The report references relevant legislation and case law to support its analysis, offering a comprehensive overview of these legal areas in the context of business management. Desklib provides students access to similar solved assignments and past papers.

Law for Business
Managers

Table of Contents
INTRODUCTION ..........................................................................................................................3
PART 1............................................................................................................................................3
Contract law................................................................................................................................3
Essential Elements in Contract....................................................................................................4
PART 2............................................................................................................................................6
Employment law.........................................................................................................................6
Difference between wrongful dismissal and unfair dismissal.....................................................7
PART 3............................................................................................................................................8
CONCLUSION ...............................................................................................................................9
REFERENCES..............................................................................................................................11

INTRODUCTION
Law considers to be the most important element for implementing all the strategies in
business and for general safety and surveillance of all the individuals in the society. Their is
seems that all the command which are being raised by the legislation will considers to have
major agreements regarding the breach. In all the companies there is been seen that the business
functions and the rules are being abided. Law involves agreements, duties, contracts through
which the management and assigned practises are carried by. Business law promotes the
commercial practises through which all the private and public rights of the individuals are
protected. It helps in managing and regulating different functions and agreements through which
the business activities cannot be affected. Some of the major laws are like employment law,
contract law and consumer protection law all these helps in promoting the rights that are being
laid for the management of effective business functions. Contract law promotes the agreements
that are being made and enforced in between the parties (Qanavati, Heydari, and Karimi, 2020).
This report will cover three parts regarding the scenarios about the employment right, contract
law and compliance with consumer protection and its act.
PART 1
Contract law
It is the important aspect in the life of individuals which manages all the agreements that
are being enforced under any recognised law by managing the obligations and several rights. For
all the individuals it is important that in case if that want to make any business transaction or any
work to be done by the other party, they should focus on the growth and the compliance. UK
manages all the different legal aspects through which the agreements are enforced and the main
aspects regarding the rights and the duties are considered. Contract law promotes all the
agreements that will create a binding impact on the parties by implementing the conditions in
order to manage the performance of task. It provides the statutory obligations and the general
adherence of rights to manage effective business practises. Contract law abides when their seems
to parties are working together with common intention in order to manage the performance of the
task or activity (Chun, 2021). All these agreements are made in order to regulate selling, buying
and providing all the services through which the working is managed. Contracts can be made

oral or in written form but majorly in the business activities their seems that all the major
implementations are made through written agreements. In all the contract there is needed to have
two parties to mange the contract and effective communication is needed to be imposed. All the
legal documents and their alliance are needed to be framed according to the working nature and
methods. Contract law provides the remedies for all the breach in the contract and also considers
to have the adequate relief for the parties. Inn order to make the effective implemented contract it
is important that essential elements are to be fulfilled. They are like mainly:
Essential Elements in Contract
When the contract is stated their is seen that some important 4 elements are considered
for managing and framing it. No contract can be framed without these elements being fulfilled
they are mentioned thereunder:
 Offer- It is mainly the willingness and the expression by one of the party to make the
work to be performed by all is considers. This implies an invitation to treat that are being
made by the party from making the other party to perform the act. When the task or any
of the work cannot be made made possible without the help of other then it complies to
generate an offer and invitation for that particular work. The offers are generally being
raised by the offerer where the person shows their primary intention in the initial stage
that they are willing to enter in an agreement. This provides the ideas which are given by
one of the party for management and effective functioning (Spychalska-Wojtkiewicz,
and Tomczyk, 2019). Acceptance- This includes the assent or the approval that is being given by the other
party to bind themselves in the contract and also to enter in an agreement being raised in
between them. It promotes the qualified expression of willingness to perform the task.
This provides that all the objectives are being manifested and are agreed and accepted by
the other party. The mere acceptance is not enough and the party will; have to
communicate the offer regarding the acceptance that they had made on the invitation
being served. Without this the element will not be completed. All such agreements will
reaming open for the particular quotation time period being assigned by the party. All the
terms and the acceptance should have to be Unequivocal, acknowledged, communicated,
expressed, conditional etc. their seems that the parties will have to manage the agreed
terms and the invitations in the particular time period being assigned.

 Consideration- It involves that all the promises that are being made between the parties
will have to be supported by some particular consideration. It is an important element in
the contract as no agreement can be made with out the amount being fixed. it includes
assets, monetary consideration or any other things which are required for the work and
can manage the actual value of task. This is the support and the asset that is abiding in the
terms and the condition as of the party. It should be sufficient which means that the
amount being fixed will have to be managed and adapted accordingly. Some negotiations
can be applied while managing or agreeing on the amount for completing the contract but
in the final stage they will have to agree on the same terms and work. Legal intentions- This is mainly the legal relation and the in6tention of the parties in
order to enter in an agreement. This is important as all the parties can only frame the
contract when they have a mutual agreement and the legal compliance with the intention
to do it. In order to manage all the contractual obligations this seems to be an important
part. The parties who denies in the later stage that they do not have the legal intention
considers to manage the burden of proof by providing all the balance of probabilities.
Even the negotiations in the party for any work depicts their legal intentions to frame the
contract (Zrymiak, 2017).
As in the case of Entorres v. Miles Far East (1955), court in the appeal held that when
the party gives the acceptance and make the communication about it to the another party then it
will be treated as a contract framed in between them.
Thus, Gabriela as in willingness to make the start of a business with all the well managed
accountant needed to create a business practise of the generic letter so as to implement the
business practise in Bedfordshire for 30 days. Their was also decided that all the annual
accountancy value is also managed and fixed to manage the working in which the £3000
excluding VAT is fixed. Delia who was from the Delicious Dining Limited company feels that
this is a great offer and she wrote back to her in order to agree the terms and to enter in a contract
for starting the business. From all this their is being seen that the contract is being farmed
between the Gabriela and Daniel as offer is being made acceptance is communicated
consideration is fixed and their seems to have legal intention between the parties (Cano, Rusu,
and Quiñones, 2020).

PART 2
Employment law
This is an implication of relationship made in all the organisation and the employees.
This promotes the legislation through which all the staff members manage the working
compliance and the important rules through which the work can be generated. The employment
law helps in making the profitability and equality in the market. The main aim is to avoid any
kind of discrimination and also to effectively maintain the general methods of working.
Employment act 1996 involves all the varied nature and work through which the status and the
general methods of work can be implemented. The main aim of the employment law is to
effectively manage all the employers and the employees relation and also to protect the rights of
the employees in the organisation. The law provides certain rights to all the employees in order
to protect them from all the issues and the management. They are like dismissals, redundancy,
salary, termination, leaves and many more. It is important in employment law that all the rights
are to be managed and maintained as it creates a major focus by initiating all the methods
through which the contract and their implemented strategies are to be made. Their are various
rights which are being given under employment act which helps in managing and promoting
growth and success (Sia, Tiu, and Tangsoc, 2017). They are like:
 The salaries which is being decided in order to manage the work in the company should
be on the basis of National minimum wages where all the business practises are idealised
and their should be given a fair pay to all the employees working in the company. All the
remuneration and their general money can be considered as an important element for
generating the value and their will not be allowed top have any discrimination on
payment and salary.
 In all the organisation there is important to follow the Equality act 2010 where no
discrimination is being allowed and no organisation can tend to make any rights to be
excluded ion the basis of race, sex, gender, religion, disability etc. all the employees
should be treated in fair and equal manner and there is needed to manage effective
communication with them.
 The organisation has the duty to apply all the health and safety measures and a safe
working environment to all the employees. This provides that when any if the employees
get in the working zone they should get adequate facility and the medical facilities in

order to make them feel safe and supervised. Health and safety at work act 1974 should
be managed in all the areas to ensure that there is applied safe environment for all.
 Family leave, sick leave, maternity and paternity leave are the rights of the employees
and their no employers are allowed to discriminate on it. All the workforce should get the
adequate leave as which is being assigned by the company or the staff. It is been seen that
all the employees are allowed to manage and gain all leaves which are being implies and
imposed by the government.
 Proper trainings are to be given to all the employees for their work which means that their
should be managed proper sessions in order to train the employees and make them ready
to implicates the working. All the new hired members tends to get the training from all
the employers as that will help out to make the motivation and also make them confident
about the working areas (Pushparaj, and Sivakumar, 2020).
 Their should always be needed to provide flexible working hours in which all the work
and management can effectively considered and their employers make the easy working
shift for all the staff in case of any need. No employees were given any hazardous activity and the work without proper training.
Difference between wrongful dismissal and unfair dismissal
Wrongful dismissal provides all the breach in any term of the contract where the breach
is made by the organisation in any of the contractual terms through which entitlement and the
general contract is managed. In all such dismissals the employees is being terminated in a
wrongful manner where they manages and seems to create a major areas and work through
which all the work and the stipulations are carried out. In all the employees it is important to
serve a proper notice in case of any termination is made by the cop0mpany so when there is
analysed that any of the company is not serving the notice period and making the employees to
be terminated from, the company then it will amount to wrongful termination. The courts which
deals with all the wrongful termination are High court, county court and other tribunals. The
employees in all such breach can move to the court and ask for the award and the compensation
from the court as an adequate relief (Spector, 2017).
Unfair dismissal amounts to all the dismissing that is being taken place through unfair
means. It is generally all the unfair reasons which are been given by the person for the
termination of the employees. This involves the unfair practises in which the employees denies

to participate. Section 98 of Employment act 1996 promotes that their is needed to be provided
all the justified and valid reason for the removal of the person from the company. All the relief
regarding the unfair practises can be taken in case where there is about the 2 years of time period
went while working. They can move to the high court or the tribunals and county court fro any
such unfair dismissal. Some of the major example of unfair dismissal are like, maternity leave,
paternity leave, denying for the flexible working hours, denial for any illegal act by the
employees etc. all these are covered under it. as due to the loss which is being made through all
such practises their can be provided a compensation for all the adequate relief made by them.
Andrew can implement and use all these employment rights to manage the work effectively.
PART 3
Consumer Protection in UK comprise of all the rights and the protection which is been
given to the consumers in order to manage the effective functions. This is been given to protect
the rights of all the consumers in case of any kind of default is been seen in the products, goods
and services. This helps in managing and protecting all the customers from any contractual terms
and unfair means and practises (Vasilieva, 2018). Their is been made all the consumer protection
act CRA through which all the major areas are needed and being considered. It involves all the
areas through which the major business practises can be framed. Tin UK this law is being made
in order to promote the rights regarding the goods and the services. Varies trading, purchasing,
professions and other consumer rights are incorporated. CRA gives a consumer protection rights
through which all the management and the functions can be made and the general regulations are
needed to be applied. Some of the important areas which are covered under CRA are like:
 All the contract which are being made for the goods and services will have to be fair.
Their should not be any unfair practises can be taken place.
 No defected products are allowed to be given to any of the buyer, there is seen that all the
regulations are needed to be applied regarding all the work and the management of the
effective goods and services (Clauzel, Guichard, and Riché, 2019).
 The financial terms and regulations are needed to be applied properly, and no issue and
endurance can be made in all such activities. Their before the arrival of Brexit there is been seen that all the laws related to the
consumers and the transfer of goods and services are manage4d according to the demand
and the engagement of all EU conventions and laws. After the compliance and the Brexit

arrival their was been seen that all the laws and the regulations were being made for the
customers for trading and purchasing through the domestic law and their work.
Important consumer rights are like: Right to fit the purpose- This provides that all the goods and the services which are being
given to the buyer should be of accurate designs and is made according to the purpose
that is being fitted for all. Right for satisfactory quality- It provides that all the goods and the services which are
being given to the buyer should be of satisfactory quality the goods should not be of any
faulty means ans there is not applied any kind of defected products in all such areas. Product needs to be same as description- Their is been seen that all the goods which are
being shown in the images or being described by the supplier regarding their quality and
appearance will have to be same authentic. Their is needed that all the applied areas and
the practises should focus on managing the growth and the manageable.
 Right to reject- All the goods can be rejected or can be returned in case they are not
fulfilling the requirements that are being made by the buyer this can also be made in case
when the managed id not made properly (Shobeiri, Mazaheri, and Laroche, 2018).
 Right to gain refund- It implies when there is any defected item or services being made
by the trader or supplier then buyer can claim for refund.
Thus, Jodie has he bought a kettle for coffee and analysed that bit was not fulfilling the
criteria and not warming it to the mark can return it back and can ask for replacement and refund.
Even in the case it is seen that in case their were about 5 kettles and only one is taken on record
then also they will imply and maintain the products to be managed properly. They are allowed to
get the refund for that one product also.
CONCLUSION
It can be concluded that, law is the important part of the society and helps to protect the
rights of the individuals. Their is been seen that all the regulations and the rules are being made
accordingly. Contract law is generally the agreement that are been enforceable in law.
Employment law provides the rights for all the employees being working in the company.
Furthermore. Consumer protection law implies all the rights for the consumers from the default
and defected items.

REFERENCES
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trends. In Consumer Law and Socioeconomic Development (pp. 3-23). Springer, Cham.