Business Law Report: Contractual Breach, Remedies, and Advice

This report delves into the realm of business law, specifically focusing on contract law and its implications. It begins with an introduction to business law and ethical codes of conduct, setting the stage for a deeper exploration of contractual relationships. The core of the report centers on a case study involving a breach of contract, analyzing the potential remedies available to the aggrieved party, Raymond. The report examines various remedies, including damages, repudiation, rescission, and specific performance, and applies them to the case scenario. The report also considers how the legal position would change if different actions had been taken by either party. Furthermore, the report analyzes the legal positions and offers advice to the parties involved, supported by relevant case law. The report concludes by summarizing the key takeaways and providing a comprehensive overview of contract law principles, remedies, and their practical application in business contexts.

Business Law

Table of Contents
INTRODUCTION...........................................................................................................................3
TASK...............................................................................................................................................3
PART1(Breach of Contractual Relationships and Remedies).........................................................3
Advise Raymond on possible remedies available to him.......................................................3
Would your answer be any different if Samantha had paid Raymond the £200 three weeks
earlier than the debt was actually due, and Raymond had agreed to this?.............................4
What would be the legal position if Raymond had requested a £400 payment from Samantha
as full and final settlement?....................................................................................................5
What advice do you have for Samantha?...............................................................................5
CONCLUSION ...............................................................................................................................5
REFRENCES ..................................................................................................................................7

INTRODUCTION
Business law these are those laws which helps in formation of business organization as
per the laws that has been formed by a country. Laws of such nature helps in making a
framework within the limits of laws specified for it. In it provisions has been set which makes
organization to achieve its goals and objectives. Ethical code of conduct are those rules and
regulations that make business organization develop disciplines and order within business
environment of an organization. Both the laws hold wider scope as they deal with internal and
external working of an organization. Nature is dynamic as it covers different elements which
provides legality within business.
TASK
PART1(Breach of Contractual Relationships and Remedies)
Case Scenario: In this case Raymond has been working part-time in a firm as an
accountant in taxation department. Further an small business consultancy is run by him and he
holds speciality within taxation advice. As per the case Samantha and Raymond has entered into
contract whereas Samantha is a struggler artists for this draft has been formed over last three
years with amount to be paid of £800. Raymond as per the contract did his work. Samantha told
that she could only pay £200 as full payment over debt that has been left out. Later paintings
made by her were sold for higher price of £20,000. This was red by Raymond in newspaper
about the selling of her last work. Now he wishes for claim upon balance left out that is £600
from Samantha.
Following questions required to be answered in relation to the above case scenario:
Advise Raymond on possible remedies available to him.
Contract laws are the laws which deals with formation of agreement between two parties
or organization in order to make sure that all transactions is performed as per law prescribed for
it. According to these laws an agreement is formed between parties which should consists of
certain elements to make it contract (Gaitán, Herrera-Echeverri and Pablo, 2019). These
elements are offer, acceptance, consideration and legality. If any of the element is absent then
contract is not going to exists. Majorly within contract wrong committed is breach of contract
which happens when an party has failed to perform obligation given under contract. In order to
deal with breach various remedies has been mentioned within contract that are as follows:

Damages: These are that kind of remedies that is given when breach takes place within a
contract and money is involved within it. According to this remedy is been given when money is
involved within the contract. In this compensation can be attained through money and can only
be claimed when breach has been proved towards the party for whom claim has been initiated.
Repudiation: This remedy has been given for breach of contract according to the
situation that is existing. As per this remedy only the condition persisting to contract exists upon
making end to contract (Favarel-Garrigues, 2020).
Rescission equitable: These remedies is been provided by judges after seeing situation
that has been taking place within the contract. Judges passes judgement only after seeing the
facts and analysing situation in proper manner. In this recession is to be given only when pre-
contractual position is to be revealed at the time of presenting contract.
Specific performance: According to this equitable remedy has been given only when
directions is been issued by the judges. This remedy simply means when court is required to be
performed with obligation related to contract that has not been performed within it.
From the scenario it can be analysed that Samantha has paid £200 as final amount upon
the debt and has been made taken by Raymond in relation to full settlement. As per the case
scenario no remedy can be applied due to the fact that Raymond has accepted the payment which
made contract to be valid. If in case he would have not done so then Raymond could have used
remedies that has been mentioned above as only under breach of contract it can take place.
Would your answer be any different if Samantha had paid Raymond the £200 three weeks earlier
than the debt was actually due, and Raymond had agreed to this?
As the condition mentioned above applied upon the case and Samantha had paid £200
three weeks before upon the due debt the original contact would have been considered to be null
void. This is because of money paid in advance would have been accepted by Raymond and
further initiated then it would have result into new wrong to be committed which would have
been deal under law of torts. (Cameron and Pagnattaro, 2017). Relevant case law for the scenario
is Addis v Gramophone according to the facts of the case Addis has been hired as manager by
Gramophone. Further it can be observed that breach of contract has taken place during the course
of employment for this reason only new manager has been hired. This made action of breach to
be brought against Gramophone in the form of damages. So, according to case court held that

loss on commission and limited wages is an contractual based agreement which is time bound.
The result of this was that no exemplary damages can be claimed with reputation in an contract
and is deal under law of torts.
What would be the legal position if Raymond had requested a £400 payment from Samantha as
full and final settlement?
According to given scenario head of damages is to be applied which holds relevancy as
per scenario and makes claim to be made over different loss. Under it reliance loss, bargains or
disappointment, inconvenience from future perspective. Reliance loss is to be used within the
scenario which makes expenses recovered regarding contract. Relevant case laws related to the
scenario is Anglia Television v Reed this case Anglia televisions makes Oliver Rees as lead
role in an television play. Further Reed made Anglia throw out of the show which made the show
to be rejected by audience that made expense amounting to be £2,750. Now court held that
damages is made to parties over the contract that has been existing within them it made claim to
be existed. Recovery over expenses is to be done and it made Anglia recover expenses from
Reed (Boldt, Kassis and Smith, 2017).
What advice do you have for Samantha?
Advice given to Samantha for making situation in her favour is counter offer which
makes contract to be formed null void and new contract to exist between parties. In this an
contract is made when an already existing contract is formed. So, in this case payment of £200
made by Samantha would become valid. It makes original contract to be ended and new contract
to be made. Relevant case law that is related to the scenario is Hyde v Wrench in this case
defendant has been offering from selling which makes claim of £1,000. As per this claimant is
been offered for £950 that was refused by defendant. That is why in this claimant sought upon
taking action through specific performance. Court held that contract has been made through
counter offer that eventually made original contract to be void upon the offer that is accepted.
This advice is helpful for Samantha in making original contract to be finished and new
contract of two hundred euro attains legal validity(Abril, 2016).
CONCLUSION
In the above file it is been discussed that contract law are the laws that has been based
over agreement that has been formed between two parties. They help in making business law and

ethical laws for developing of better business environment. Also in this remedies has been
explained over breach of contract. Then case laws has been explained regarding various kinds of
conditions mentioned in questions. In the end advice is been given to Samantha to make her two
hundred euro payment valid.

REFRENCES
Books and Journals
Anderson, R. and Manns, J., 2017. Engineering greater efficiency in mergers and
acquisitions. The Business Lawyer. 72(3). pp.657-698.
Boda, Z. and Zsolnai, L., 2016. The failure of business ethics. Society and Business Review.
Cowan, S., 2018. All change or business as usual? Reforming the law of rape in
Scotland. Reforming the Law of Rape in Scotland (May 28, 2018). Rethinking Rape
Law: International and Comparative Perspectives Edited by Clare McGlynn and
Vanessa Munro (Routledge 2010).
Edelson, S.A., Senk, C.C. and Stock, K.L., 2018. Using an integrated business experience to take
the place of “introduction to management” in an integrated curriculum. Journal of
Education for Business. 93(7). pp.332-340.
Gerard, K., 2018. ASEAN as a “Rules-based Community”: Business as Usual. Asian Studies
Review. 42(2). pp.210-228.
Holloway, J.E and et. al., 2017. Law and Business as a School of Thought: A Pedagogy to Teach
the Theory and Practice of the School. UC Davis Bus. LJ. 18. p.215.
Posner, M., 2016. Business & human rights: A commentary from the inside. Accounting,
Auditing & Accountability Journal. 29(4). pp.705-711.
Thielborger, P. and Ackermann, T., 2017. A Treaty on Enforcing Human Rights Against
Business: Closing the Loophole or Getting Stuck in a Loop. Ind. J. Global Legal
Stud.. 24. p.43