Business Law Dispute Resolution: Case Studies and Legal Solutions

Desklib provides past papers and solved assignments for students. This report explores business law dispute resolution.

Business law

 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
Table of contents

Introduction
 Legal remedies are one of the tool that is provided by the constitution of the country to
its citizens. These remedies are provided to the plaintiff in case when there is a breach of
law. These remedies are decided through various procedure of law which may be
through the normal court hearing or may be through alternative dispute resolution
process. In this PPT different solution to the plaintiff would be suggested by analysing the
issues between the parties.

Recommend legal solutions for resolving a range of
disputes using examples to demonstrate.
 The constitution of the country has defined various laws which defines the legal structure of the country.
These laws helps in defining various rules and regulations through which business organisation would
function. Contact law, companies law, employment law are some of the example of the laws that are
defined by the legislation of the country. These laws are defined as below:
 Contact law: This is the considered as the main law of the company which helps in formation of the
terms of contract.
 Companies law: This is the main law which defines the boundary under which the company has to
perform its obligations.
 Employment law: It is the law that sets out the relation among the employee and the employer of an
organisation.

Case Studies
 Case 1
 Issue: In the given case the issue that has been brought into consideration is related to
the contract act and the employment act. In this a salesman in the orange computer Ltd
store worked who has been approached by the manager of the store to forego his salary
for the year 2015, 16, 17. As the company was facing losses in the current market
scenario. But in the year the 2016 economy grew and the company managed to come
into profits. Hence Gordon the employee wants the legal solution an advise as to if he
can recover his salary.

Continue…..
 Rule: As per the contract act the terms of contract bound the party to the contract to fulfil
their obligations. Hence it is the duty of the parties to abide by the terms which are entered
between them at the time of entering into contract. While the contract can be altered on
the discretion of the parties to the contract. While as per employment act the contract for
foregoing of a salary between employer and employee is valid if employee has given his
consent.

Continue….
 Conclusion: It has been analysed from the contract that it is a valid contract that is entered
between the parties to the contract. While on the other hand this is seen that the contract terms
was speculative and it was given that due to the loss the company is not in the position to pay
salary. But now as the company is having a good amount of profit hence it is liable to pay the
amount to Gordon for the year 2017 and onwards. While employee can demand for their old
salary for the year 2015 and 2016.

Continue…..
 Case 2
 Issue: here in the present case this is seen that Janet the plaintiff and Virgin media the
defendant has entered into the contract for installing the internet services at the residence of
Janet. This was seen that the installation process was started by the company but was not
completed on time. This phone line and the internet facility services installation was
completed after 3 weeks and the company charged for the whole month of service. While
the service was provided to her after 3 weeks.

Continue……
 Rule: The breach of contract is considered as the term when one of the party to contract
breaches the terms that are mutually decided by them. While on the other hand if the breach
is partial then it is the discretion of the party to the contract to adopt the contract or not and
consideration can be demanded only for the amount of work completed by them. While in
case if any damage that may occur to the party then the party who has breached the contract
is liable for the same.

Continue……
 Conclusion: As Virgin media has breached the terms of contract and has not fulfilled their
obligation on time hence cannot demand money for the whole period. As the contract
was finished after 3 weeks and Janet ha not used the service at that time hence she is not
liable to pay for the same. Hence virgin media can only demand the bill from the time
when the service was provided and not for the whole month.

Continue…..
 Case 3
 Issue: In this case it has been analysed that winding up petition has been filed by one of the
creditor of the company. It was filled as the company was not able to repay its dues to the losses
that occurred to them as one of their big client failed.

Continue…….
Rule: As per companies rule 2006, it is the right of the creditor of the company to go to the
court and file the petition for winding up of the company. This right is given to them when the
company is not able to pay its dues on time and is suffering losses. This can be termed as
compulsory winding up. Here if the company wants to stop this then they have to pay out the
debts to the creditor or can enter into voluntary arrangement agreement.