Business Law Report: Legal Solutions, ADR, and Business Law Principles

This report provides an overview of business law, focusing on contract law, employment law, and company law. It examines salient legal points in three case studies involving payment disputes, miscommunication, and creditor issues. The report suggests appropriate legal solutions for each problem, primarily utilizing Alternative Dispute Resolution (ADR) methods like mediation, conciliation, and arbitration, with justifications for the chosen approaches. It compares and contrasts the effectiveness of these recommendations, critically evaluating the advantages and disadvantages of ADR in comparison to other legal advice. The analysis emphasizes the importance of understanding the nature of the dispute when selecting the most appropriate resolution method and highlights the time and cost-saving benefits of ADR.

BUSINESS LAW

Table of Contents
INTRODUCTION.........................................................................................................................3
MAIN BODY..................................................................................................................................3
Brief overview of contract law, employment law and company law...........................................3
Salient legal points of each cases.................................................................................................3
Suggest an appropriate legal solution to each of the problem.....................................................4
Provide the justification for the legal advices and solution given in each of the case.................5
Compare and contrast the effectiveness of these recommendations given in presentation.........6
Critically and evaluate the use of the appropriate legal solutions suggested in comparison with
alternative legal advice.................................................................................................................7
CONCLUSION..............................................................................................................................7
REFERENCES..............................................................................................................................8

INTRODUCTION
The law which provides the knowledge regarding commercial and trade sector is termed
as Business law. It is the most power body of legislation which helps to generate maximum
amount of profit for country and even it do provide different legal advices through which legal
help can be taken. But every individual must ensure that they follow the guidelines of each and
every law of business law as it is helpful in every single step. The importance of starting the file
is to clear the concept regarding contract law, employment law and company law. There will be
detail explanation of each case with their salient feature. Even legal advices will also be given in
every case with critical evaluation.
MAIN BODY
Brief overview of contract law, employment law and company law.
Contract law: The law which deals with the sector of agreement is known contract law. It
is necessary because it helps every association that how contracts are prepared and what can be
done in addition so that it can be concluded in the systematic manner. In every contract it can be
easily found that what are the legal process that need to be followed in the project.
Employment law: The law which helps to protect the right and interest of employees and
worker is known as employment law. It is one of the most important law as it is helpful to know
that what an employee should get when they are working in any of the association. Even it is one
of those law which tells that what are the rights which should be given to employee who are
working for any of the specific association.
Company law: It is the law which is helpful to deal in the corporate sector where it tells
the legal formalities which must be followed by every organisation as per the requirement of law.
It is important because due to this law every organisation can manage their daily basis activity.
Even, the concept of company law say that there is a lengthy procedure which need to be
followed which increases the expenses of organisation.

Salient legal points of each cases
Case1: In this case the topic was related with the payment of employee which means that
the silent feature in this case was employment law where employer was not willing to pay the
amount of wages which Orange Computer Ltd must give to Gordon.
Case2: The second case is related with Janet and Virgin Mobile where the silent feature
related with fraud and miscommunication between client. In this case company wants to take the
charges of that service they had not provided to their client.
Case3: In this case the main topic is related with the default in payment to creditors due
to which one of the creditors wants wind of the company as a compulsory winding up.
Suggest an appropriate legal solution to each of the problem.
To provide any kind of legal solution it is important to understand what are various
sources of legal sources so that advices can be in fair nature. The most suitable form of advice in
recent period of is Alternative Dispute Resolution (ADR). It is one of those process which help
to solve legal dispute in very short period of interval with the best possible solutions. There are
three different methods under ADR from which dispute can be solved easily and they are
arbitration, conciliation and mediation.
 Conciliation: In conciliation the person who is required to be appointed must be
conciliator. It is the responsibility of conciliator that how he deals with the situation and
advices the client through which dispute can be solved. It is not preferred much and more
because in this the main responsibility is just to give legal advice and not allow to bound
that disputed parties must obey the rule. In this, conciliar must listen to the point of
disputed to know that what are main reason behind the dispute so that better advices can
be given.
 Mediation: It is one of the most preferred method Alternative Dispute Resolution where
mediator should be appointed with mutual consent. The focus of mediator is find the best
possible through which disputed party can reach near to the term and condition of
agreement so that chances of conflict can be reduced. Although it is the most preferred
method under ADR but still there is no legal binding as only suggestion is required to be
given where party are not bound to follow them.

 Arbitration: The longest process among is all the method is arbitration in which
arbitrator are appointed. It is the responsibility of arbitrator that they check every single
detail of the case and find what were the main consequences of conflict and how can be
solved out. the numbers of arbitrator should be in odd numbers so that proper justification
can be given because the decision which are given by arbitrator must be followed. Once
the decision is given be arbitrator then it is not allowed to appeal against it.
All these methods have own rules and regulation which must be followed once they are
appointed. But, it is necessary that while adopting any of the method it is compulsory that mutual
consent should be there of disputed party because they are the one who is inter-related with the
case.
Legal advices in each of the cases
 Case1: It can be said that in first case the Gordon and Orange Computer Ltd. can take the
help of mediator who can solve their dispute easily where mediator will require to meet
out the term and condition of the agreement. Even mediator will try to advise them in the
best possible manner which will be very crucial for both the party.
 Case2: In the second case, Janet and Virgin need to understand the problem as there is
the miscommunication regarding the payment. So, it is necessary to take the help of
conciliator who can advise them that how their dispute can be solved by understanding
each other’s point.
 Case3: As, it is one of those case where matter is related with money so it better to take
the help of Arbitrator because it is one of the civil nature of crime which has been
attempted by the company.
Provide the justification for the legal advices and solution given in each of the case.
It is very important that legal advices are given to solve the dispute as it there are lots of
ways through which disputes can be solved easily. But, proper justification must be given at the
beginning that what are the main reason for selecting any particular form to give the advice.
Below, the proper justification is given with the solutions in each of the case to understand the
situation in detail.

 In case 1: The reason of selecting mediation was just to make sure that best advices can
be given because there is miscommunication between Orange Computer Ltd and Gordon.
if proper advices can be given to them then both the party can try to understand the issue
so that they can find the best solution of the problem. The reason for not selecting any
other form was only the nature of issue where it can be easily seen that mediation will be
the best way for both the party.
 In case 2: The nature of dispute in the case between Janet and Virgin Ltd was only of
miscommunication due to which company add on the additional amount of money in the
bill. Here, it can be said that if both the party try tu understand the problem of each other
than dispute can be solved easily and then can be done easily with the help of conciliation
method.
 In case 3: The case is of serious nature where advices and suggestion cannot work to
solve it out so it is better to selected the arbitration process as it will help to find out the
solution for the parties. Once, the decision is declared there will be no chance to
challenge it through which it will not consume additional time of creditor and company.
Compare and contrast the effectiveness of these recommendations given in presentation
It can be easily said that all of the method have different nature when it comes for giving
the legal advices. These methods of solving the dispute is one of the most effective means as it
one of those way through which time and money both can be consumed easily. The
recommendation which have been given in the above case are one of the best which can be given
in all the above cases. The reason behind selecting Alternative Dispute Resolution to solve the
dispute was just to provide the flexibility to disputed party. There is just the minor dispute which
doesn’t required any kind of further recommendation to solve because there was no serious level
of crime. While comparing all the recommendation it can said that recommendation is required
to be given on the basis of nature of dispute. Arbitration is mainly used in those situation where
problem is of civil nature and when it comes to mediation, it is the effective way to solve the
dispute because it is very easy under it to meet out the term and condition of the agreement.
While comparing arbitration and mediation lots of difference can be found but when comparison
is done between mediation and conciliation it is seen that there are lots of similarities and both
have almost the similar form of nature. It is seen that decisions of Arbitrator are legal binding in
nature but there is not legal binding other two. These methods are even more effective because

under this there is are no legal compliances which need to be followed as it is the choice of
parties that what decision they want to take after taking the advice from different methods.
Critically and evaluate the use of the appropriate legal solutions suggested in comparison with
alternative legal advice.
There are different types of appropriate legal solution which can be given but to solve the
cases of this project alternative dispute resolution was the best. But, it is very clear that every
that is have pros and cons and in the similar fashion of the advantages and disadvantages of
Alternative Dispute Resolutions are
Advantage
 It mainly saves the time of involved party due to which it is preferred the most.
 It has got the legal permission from legislation.
 ADR helps to reduce the burden from court because this are some of those case where
requirement of time is very less but it is not easy to entertain each and every cases.
 Even it reduces the overall cost because if people adopt another from to solve the dispute
then that will include the irrelevant expenses.
Disadvantage
 There is no requirement that every time advice and suggestion must be applied, so in that
condition even it can be also one of the expensive process.
 Sometimes advices might be incorrect just because of lack of knowledge of law
background.
CONCLUSION
From the above file it can be concluded that business law is one of the wider term under
which different laws has been commenced just provide freedom at the time of performing
business activity. Company law, employment law and contract law are very useful for each and
every organisation which must be followed by every association. There are different methods
through which legal advices can be given easily but among them Alternative Dispute Resolution
is one of them which solves the issues in where short period of time.

REFERENCES
Keay, A. R. and et. al., 2019. Business Judgment and Director Accountability: A Study of Case-
Law Over Time. Available at SSRN 3352479.
Aubert, J. J., 2016. Law, Business Ventures and Trade. In The Oxford Handbook of Roman Law
and Society.