BMM 5422 Essay: Analyzing Contract & Tort Law in Business

This essay analyzes a case study involving Samuel's restaurant business, focusing on potential breaches of contract and unfair dismissal. It examines the contract between Samuel and Ryan regarding the supply of hand-reared lamb, highlighting the legal implications of Ryan's misrepresentation. Furthermore, the essay delves into the employment law aspects of Samuel's termination of Hannah, arguing that it constitutes unfair dismissal under the UK's Employment Rights Act 1996 due to the lack of gross misconduct and denial of a fair hearing. The analysis draws upon relevant case law, such as Bannerman v. White, to support its arguments regarding contract breaches. The essay concludes that Samuel may have grounds to claim damages from Ryan for breach of contract but acted unfairly in dismissing Hannah.

essay of 2000 words on
the case study

Table of content
Table of content...............................................................................................................................2
INTRODUCTION...........................................................................................................................4
MAIN BODY..................................................................................................................................4
CONCLUSION................................................................................................................................7
REFERENCES................................................................................................................................9

INTRODUCTION
Law is the command which are been given by the superior authority in order to manage
the implications and the general practises. It accumulates all the systematic rules and regulations
in which the laws given by the government is being applied and there is been served that all the
legal compliance and the management is adhered. There are so many laws and the legal rules
which are being given by the government for managing the laws and the companies they are like
the contract law, employment law, company law and many more. Contract law is generally the
agreement which are being enforced by the legal rules which are being enforceable by law it has
certain essential which are implied and are required in order to manage the laws and the rules.
Employment law considers to have all the rights and the obligations in which there is been
provided protection to all the employees who are being working together (Osmola, 2019). In this
essay there will be covered a case scenario in which all the contractual rights and the
employment terms are being considered.
MAIN BODY
As in this case scenario there is been seen that Samuel who owns a restaurant idealise to
sell the unique hand reared lamb and, in that business, Jordan was his joint partner on that Spring
farm. Samuel contacted Ryan for all such meats and there is been seen that Jordan refuses to
make the contract with the Bank farm for that hand reared lamb. Later on, due to there were
already a contract is been framed for 2 years and some of the deliveries were taken place their
asked by the customers regarding the source of lamb on which their gained the information that
there were no hand reared lamb available in that place and it affected the image f-due to which
Samuel said Ryan to terminate the contract for which he denied. Samuel planned to go and said
her staff member Hannah to drive for him as even she said that she will not be able to drive as
due to the new learning skills later on the accident happened which caused major injury to
Samuel and he immediately terminate Hannah for gross misconduct. Legal issue is whether there
is a breach of contract done by Ryan and Is there is gross misconduct applied on the termination
of Hannah for job (Klee, 2018).
As in the contract law it can be seen that it is generally all the agreements which are been
enforceable by law and it manages and provides all the legal duties and the work through which

the framework and the compilation to all the parties who in case are entering in the agreement
are being attained to manage the law and the scenario. In other frame any of the contract can
only be applied when there is been involves all the essential elements which are like offer it is
the invitation to treat which are being made by one of the parties in order to make the agreement
or to make the other party. Another one is acceptance in which all the party who gain the
invitation to treat will have to accept the offer which is been given without any issue (Ioannou,
and Dukes,2021). Their is been seen that the third important element which are untaken are
mainly the legal intention to do a contract in which all the laws and the legal applicability’s will
be applied without any ill motive. It is regulated that in all the contract there is been seen that
parties in order to enter in an agreement will have to be lawfully agreeable for the contract which
are being made in between them (Papantoniou, 2020). And the last one is consideration as these
are the monetary value which are taken by the party for managing and contemplating the rules
and the regulations. As in all such cases where the parties are not being able to manage the
essentials in proper manner their ins being implied that there is being given the remedies for the
breach of contract. There is being seen that in all the business contract various applications are
being required in order to fulfil the agreements between the parties. In any of the case where the
party fails to perform the obligations then it will amount to breach of contract this will be
basically all the material breach through which all the appropriate legal solutions along with the
remedies are being given. Some of the main elements and the remedies available for the breach
of contract are like: damages in which the parties will have to pay the amount or the loss which
has been suffered by the other party due to the act of another. Injunction in these restraining
orders have been given by the court through which the other party will who has done the breach
will be restrained from doing any act. Specific performance of contract implies that it can
alternatively remedy for all the in adequate areas where damages are not being sufficient for the
parties to be given in all such condition the court will order the parties for the performance of the
act which is being framed in the contract. Restitution in this all the non-breaching parties have
the right to be put back on the position in which they were earlier before the breach has been
made.
As in the case of Bannerman v. White (1861) there is been held that, when there is been
made in contract between the parties on certain conditions, they will have to fulfil it according to
the contact all elements which are being framed. As in this case the claimant thereby agreed for

purchasing hopes in order to make beer in the seller was being asked by him that whether the
hopes were being treated with sulphur and he denied the seller assured that he had not used
sulphur and later it came out all wrong. The statement of not being treating the hops with sulphur
implies that there was representation of the contract was not being made proper due to which the
breach of the contract was successful between the parties (Renaudin, 2019).
As in this case Samuel has asked to the big farm that whether there is availability of
reared lamb and there is been seen that Ryan has accepted and said that he has all such
availability later on there is being gained some information that there was no such hand reared
lamb due to which the image and reputation of Samuel was being affected so here the breach of
contract can be made between Ryan and Samuel and he can even ask for the damages of the
compensation which were being faced by him due to the incompetence and the wrongful
statements that are being given by Ryan for the contract(Cabrelli, 2020).
The given case scenario also relates and focuses on the employment laws, rules and
legislations of UK where an agreement or contract of employment is created which defines the
conditions and terns of employment between the two parties who are in this given case Samuel,
the employer and Hannah, the employee. Samuel dismissed Hannah by charging her of gross
misconduct which is defined as incapability of doing the job according to the set standards of
behaviour or act, unwillingness of doing the job or misconduct in the performance of the duty.
Thus, gross misconduct can include things which relate to negligence in performance or serious
insubordination by the employee towards their employer. In this case when Samuel wanted
Hannah to drive for him she had mentioned about her driving skills which she had learned just a
few days back. Still, he persisted her to drive and that led to an accident. So dismissing her
without providing proper notice and without giving a chance to defend her can be termed as
unfair dismissal due to the very reason that there was no gross misconduct on her part due to the
information she had provided on a prior basis.
Unfair dismissal is termed as an act by the employer where they terminate the contract
of an employee without giving a fair reason or without serving a proper prior notice period to the
employee in any condition. Employment Rights Act of 1996 in United Kingdom governs the
unfair dismissal when the employee still has a period to serve as an employee. Thus, this
dismissal is a unlawful way of sacking an employee just like this case where Hannah was
unlawfully dismissed by termination of her employment contract with Samuel. He did not have

reasonable conditions and reasons to dismiss her. He suffered the car crash and injuries due to
his own selfish reason of using Hannah for driving to the Bank farm when no other staff was
available and even after her informing about her driving test that she had taken a day before of
the crash day. The basic requirement for making a claim within unfair dismissal is the fulfilment
of the two-year time period by the employee while working with the employer. Samuel cannot
blame and make Hannah liable for all the injuries he faced and the expense that he will have to
bear due to only working for a few hours a day and employing a manager to carry out the
activities because of the sole reason that the accident wasn't Hannah's fault. She was still learning
how to drive and persuasion by him that she will be fine made her believe that she was just
following the order of her Boss by acting as a good employee(Atkinson, 2018).Without giving a
chance to a person to defend themselves and without listening to their justifications is also unfair
dismissal. In this case, Hannah was also not given the chance to explain herself and defend her
actions within a time period so that she could save her job. She was straight away given the
termination of her employment which explains why it is clearly a case of unfair dismissal on the
part of the employer that is Samuel and not the case of gross misconduct because of the very fact
that there was no negligent behaviour on the part of employee that is Hannah's actions. She was
just trying to do her job in good faith and with honesty which states that she was truthful towards
her employer and carried out activities assigned to her with proper actions.
Thus, Samuel's charge on Hannah relating to gross misconduct is false and thus the
termination of her employment contract is unfair dismissal that is covered by the UK's
Employment Rights Act 1996.
CONCLUSION
From this above report it is concluded that business law is mainly the set of rules and the
legal principles in which all the laws and the regulations are being made for the protection of the
parties. Contract law implies all the essential elements that are begin required in order to perform
an act. There is been seen that offer, acceptance, legal intention and consideration are required to
frame a contract. Other than this employment law implies all the parties to manage the rights and
also serves the protection from all the unfair and the wrongful termination. As it is important to
serve a notice and the reason to the person before removing them from the company.

REFERENCES
Books and Journals
Atkinson, J., 2018. Workplace monitoring and the right to private life at work. The Modern Law
Review, 81(4), pp.688-700.
Cabrelli, D., 2020. Employment law in context. Oxford University Press.
Ioannou, G. and Dukes, R., 2021. Anything goes? Exploring the limits of employment law in
UK hospitality and catering. Industrial Relations Journal.
Klee, L., 2018. International construction contract law. John Wiley & Sons.
Osmola, S., 2019. Corrective Justice, Freedom of Contract, and the European Contract
Law. AVANT. Pismo Awangardy Filozoficzno-Naukowej, (1), pp.159-171.
Papantoniou, A.A., 2020. smart contracts in thE nEw Era oF contract law. Digital Law
Journal, 1(4), pp.8-24.
Renaudin, M., 2019. The consequences of Brexit on the regulatory competition and the
approximation of commercial contract law in Europe.
Williams, G. and Beck, V., 2018. From annual ritual to daily routine: continuous performance
management and its consequences for employment security. New Technology, Work and
Employment, 33(1), pp.30-43.