Dispute Resolution in Business Law: Case Studies and Legal Solutions

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BUSINESS LAW

TABLE OF CONTENT
 Introduction
 Recommend legal solutions for resolving a range of disputes using
examples to demonstrate
 Case studies
 Compare and contrast different sources of legal advice and
support for dispute resolution.
 Evaluate the effectiveness of legal solutions, legal advice and
support for dispute resolution.
 Conclusion
 References

INTRODUCTION
 Legal remedies are considered as the remedies that are provided to the
plaintiff in case of any breach that may occur. These remedies are
decided through various provisions of law that may be according to
jurisdiction, statutes etc. (di Vimercati, and et. al., 2015). there are
various ways of resolving the dispute which are decided by the law.
These includes alternative dispute resolution as one of the main tool. In
this PPT appropriate solution for the issues would be given by analysing
the issue

RECOMMEND LEGAL SOLUTIONS FOR
RESOLVING A RANGE OF DISPUTES
USING EXAMPLES TO DEMONSTRATE.
 In UK the legislation in the country defines various rules and regulations,
some of which may be categorised as contract law, company law,
employment law, etc. (Loo and Wessel, 2017). These laws are briefly
defined below:
 Contract law: Contract law is the basic law that governs the formation of
contract in the country. It is known as an agreement which gives rise to
the obligations which are enforced or recognised by law
 Company law: This law contains the guidelines that helps in setting the
boundary for the company to operate its functions according to the legal
requirements
 Employment law: The employment law is regulated by the legislations of
the country. It is the law that specifies the rights and duties of a company
against their employees.

CASE STUDIES
 Case 1
 Issue: In the present case this is seen that an employee works as a
salesman in the orange computers Ltd. store. This has been seen that
due to cut throat competition in the local markets the business of the
company is adversely affected and it was decide by them mutually that
Gordon will forego his salary for the year 2015, 16, 17 but the
commission was given to him. Hence Gordon accepted the offer.

CONTINUE…..
 Rule: As per the contract act, it is the duty of the party to the contract to
fulfil the terms and conditions as decided by them at the time of entering
into the contract. The contract can be altered on the description of
parties to the contract (Nolan, 2015). In case where the business is in
loss and there is contract between the employee and employer to forego
the salary till the loss exist is valid and it is only at the will of the
employee.

CONTINUE….
 Conclusion: This has been analysed that the contract
between the employer and the employee is valid and hence
can be implemented. But when the company comes into
profits it has to pay the amount of salary and the preceding
salary in the year of profits. Hence it is seen that Gordon has
the right to have the salary for the year 2017 and onwards
and also he can demand for salary of 2015 and 2016.

CONTINUE…….
 Case 2
 Issue: In the present case there are two parties included which are Janet
and Virgin Media. Her Janet decided to purchase and install the internet
package at her home premises which would cost her Euro 35. The
installation process was started by virgin media but was never ended as
the engineer made a false promise to come back after calling the
supervisor. The phone line was never completed and the company
demanded Janet charge of whole package from the day the internet was
installed.

CONTINUE…..
 Rule: As per the contract act breach of contract occurs when one of the
party to the agreement fails to fulfil the terms that are decided in the
contract. If there is breach of contract where the terms of contract are
partially fulfilled by the party to the contract then it is on the discretion of
the party to the contract to carry on the contract and the compensation
would be made for the amount of the contract done (Sówka and Karski,
2018). In case any damage that may occur to the other party , then the
party who is breaching the contract would be liable for monetary
compensation.

CONTINUE…
 Conclusion: Here in this case as Janet is in the place of Plaintiff and
virgin media is the defendant. As virgin media has breached the contract
and has partially completed the contract so they can only claim for
partial amount of bill and not for whole amount. Hence Janet is liable to
pay only the amount for the completed work and not for the whole work.
She is not liable to pay the amount for earlier three weeks as service was
not started.

CONTINUE….
 Case 3
 Issue: Here in this case the winding up petition has been filed by a creditor of the company named
Black Horse Limited. The company is not able to pay their dues against the creditor hence they have
applied for winding up petition.
 Rule: As per companies Rule 2006, this has been seen that where the company is not able to pay
their dues to the creditors then the creditors can apply for compulsory winding up of the company
(Wilkins and Ferrer, 2018). If the company wants to stop the compulsory winding up then they have to
pay the debts to the creditors, can enter into the company voluntary arrangement, can come go for
the administrative order and can also dispute the debt as this may appear to be unfair to claim the
debt.

CONTINUE……
 Conclusion: It is seen that winding petition that has been filed by the
creditor is correct but company can prevail this by paying off their debts
to the creditors. As this is the process of compulsory winding up
company has to arrange for the same so as to stop this process.