Business Law and Ethics: Contract Law, Legal System, Remedies

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This report provides a comprehensive overview of business law and ethics within the UK legal framework. It begins by defining business law and ethics, emphasizing their importance for fair practices. The report delves into contract law, detailing its elements such as offer, acceptance, consideration, legality, capacity, and intent, all crucial for creating legally binding agreements. It then explores the English legal system, differentiating between common and civil law, and their roles in resolving business disputes. The report analyzes three case studies, offering legal advice to the involved parties based on contract law principles and the presence or absence of valid agreements. It concludes by discussing potential remedies, including suing and recession of court, available to parties in breach of contract. The report references key academic sources and provides a clear understanding of business law and ethics in practice.
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Business law and ethics
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TABLE OF CONTENT
INTRODUCTION.................................................................................................................................3
MAIN BODY........................................................................................................................................3
Contract law and elements.................................................................................................................3
English legal system and advise........................................................................................................4
Advice to Hillary...............................................................................................................................5
Remedies to parties............................................................................................................................6
CONCLUSION.....................................................................................................................................6
REFRENCES........................................................................................................................................8
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INTRODUCTION
Business law and ethics can be understood as one of the most important aspect where
companies and individual parties shall focus for conducting fair practices and also potentially
enhance functional aspects as per set by UK laws . UK legal system is one of the most
widely known law standard within world where report explains various aspects of business
law, within context of various cases, legal advices to parties and various remedies which are
available for implementation by parties.
MAIN BODY
Contract law and elements
English contract law is body of regulating contracts in England and Wales where any
agreement is enforceable in court as contract when two parties communicate and sign binding
agreements, ensuring people have true consent to deals that bind them in court. English law
places high value on developing high functional transparency within contract where it can be
understood that if person makes an offer, another person may accept it by communicating
enforceable parameters. Contracts can be made personally or through an agent acting on
behalf of principal, if agent within which person has authority to do further proceedings. UK
contract law grants people abroad freedom to agree with content of deal, where terms are
incorporated a through written agreements and agreed with course o dealing between two
parties. Valid contract is written and expressed agreement between two parties to provide
product or service where there are essentially six elements of contract that make it legal and
a binding document within business scenario which are as follows (Burt and Mansell, 2019) :
ï‚· Offer: This is the first part in creating contract where all details are written highly
important for creating contract, where details shall hold transparency and working
advancement aspects and also enhance wider goals where party aims to reach on
ï‚· Acceptance: A contract cannot legally exist without offered giving acceptance to
proposed offer fundamentals, where acceptance shall be clearly done by another party
in written consent where all time details and money agreed shall be also agreed.
ï‚· Consideration: The object, event service, time and payment details comes under
consideration where there are major aspects highly important to consider and majorly
focus onto working scenarios within contract law.
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ï‚· Legality of subject matter: Legality of contract law is also highly important where
parties shall always adhere to legality aspects of subject matter and work with focused
functional paradigms, for legally compiling with the agreements. Contractual capacity: Contractual capacity is an individual’s faculty to sign binding
contracts with other parties either for onself or on behalf of other party where legal
competence to step into agreement (Crane, Matten and Spence, 2019).
ï‚· Contractual intent: This refers to determination of parties to act or perform in
specific legal manner where state of mind with which parties have entered into
contract is proven. Its often presumed from facts and circumstances of contracts,
intent with which further correlation can b analysed.
English legal system and advise
The English legal system is one of the most important and refers to legal system
administered by courts in England and Wales, which rules on both England and Wales, which
functionally operates rules on both civil and criminal matters. English law is based on
principles of common law where it can be described as having its own legal doctrine and
distinct from civil law legal systems. The contract law is one of the foremost and highly
important law where focus is governed on how operations are developed between parties and
agreements shall be maintained among working scenario within varied paradigms, leveraging
various parameters which can be established. There are two types of most important law
which are as follows:
Common law: Senior or supreme court holds major responsibility where common law is the
body of law derived from Judicial decisions of courts and later spread the English legal
system to its varied paradigms. The common law gives great weight to smoother living
standards where people can vitally get assistance and legal guidance on varied issues and
fundamental learning scenarios. There has been varied explanation prescribed further where
common law enabled people to bring on their problems under court of action, and also
potentially there is wide range of better decision making keens synergy focusing onto varied
parameters.
Civil law: In case within business and commercial individual feels cheated, cases of
unethical business practices where they are free to approach appropriate courts and orders to
get legal justice to people. Person who starts civil case is termed as claimant and has the
burden of proving that, more probably than not, other party committed civil wrong where
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business ethic is violated. Court enables to bring on exact analysis within cases where there
are major facts functionally analysed which brings out potentially various paradigms, to bring
on ethical business development (Machin and Wilkinson, 2020).
It can be understood that within all cases there are major factors where UK law has
various working parameters of enforcement where during first case study Hilary and Eleanor
do not have any agreement in written format between them where court cannot any legal
action. In second case study, there can be legal action taken by court against Amy, where she
holds obligation against Hilary for purchase of computer which was done in written format.
This can be taken to court where legal action will enable justice and how Hilary can gain
justice against this. In third case study there is no legal obligation between Hilary and Olivia
where it can be understood that Hillary had not committed for sale of painting to Olivia,
which do not makes any binding agreement.
Advice to Hillary
In first case study Hilary cannot charge sue or any legal action against Eleanor as
there was no legal agreement done between them which also do not brings contract law,
therefore she can sell printing press to any other person. The price was enquired and there
was mere discussion between Hilary and Eleanor where both parties were not under any legal
contract for printing press purchase and thus neither of them can take any proceedings under
court. It can be also understood that there has been no written consent send by Eleanor for the
printing press price agreement, which also do not make him liable for purchase.
In second case study Amy has agreed in written agreement for purchase of office
computer form Hilary where it can be understood that it is legal obligation for her to formally
complete the agreement under contract law fundamentals. Hilary can sue her under contract
law violation where there has been major violation of agreement., as amy cannot change her
words and violate written obligations where it is considered legally incorrect and also there
was already set agreement between both of them which males Amy liable for purchasing
(SCHWARTZ and HARRIS, 2020).
In third case study Olivia cannot take any legal action against Hilary as there was no
agreement done between them and no contract of law was established between them where
there is no signed consent given by Hilary to Olivia for the price set. There is also no legal
contract law made from side of Hilary for selling of painting which also makes the whole
procedure unbound by any sort of law. Olivia is also not precisel focusing onto pertaining
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the fact that Hilary had advertised about the painting selling which do not make whole
process legally bounded under eye of law (Collymore, 2020).
Remedies to parties
Sue of court: There has been no legal law proceedings made between Hilary with Eleanor
and Olivia within first and third cases where the parties do not hold any legal obligation, as
there was technically no agreement made between them which enables us to understand that
major factors of contract are missing where court cannot assist them. However in second
case study where Amy had sent written consent to Hilary for purchase of computer at set
price, here sue of court can be done against Amy.
Recession of court: It can be understood that in first and third cases both parties were not
legally bounded to Hilary for any consent of purchase , where Hilary cannot report any legal
decision and sort recession from court. However in second case study legal action and
recession of court can be done by Hilary against Amy, as she had send written consent for
the agreed price range which makes her liable and also holds contract law acceptance within
set fundamentals (Cairney, McHarg and Turner, 2019).
CONCLUSION
The report can be concluded with detailed explanation about how business law and
ethics are highly important for governing new functional efficiency measures within all
fundamentals between parties and how court assistance can b taken based on various
prerequisites. The report concludes contract law parameters, analysing how various aspects
are formed within legal proceedings where both parties shall hold written consent and
agreements must hold wide aspect of transparent considerations for time, place and varied
details. Cases concludes exact meaning onto various fundamental phenomenon where
parties enables us to understand that there have been no written agreement done between
them, where legal action cannot be taken and also there is analysis developed further with
UK law aspects.
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REFRENCES
Books and journals
Burt, E. and Mansell, S., 2019. Moral agency in charities and business corporations:
Exploring the constraints of law and regulation. Journal of Business Ethics.
159(1). pp.59-73.
Cairney, P., McHarg, A., and Turner, K., 2019. How to conceptualise energy law and policy
for an interdisciplinary audience: The case of post-Brexit UK. Energy
Policy. 129. pp.459-466.
Collymore, A., 2020. The Perception of the Ethics of Tax Evasion in the United
Kingdom. Available at SSRN 3586547.
Crane, A., Matten, D., and Spence, L., 2019. Business ethics: Managing corporate citizenship
and sustainability in the age of globalization. Oxford University Press, USA.
Machin, L.L. and Wilkinson, M., 2020, July. Making the (Business) Case for Clinical Ethics
Support in the UK. In Hec Forum (pp. 1-21). Springer Netherlands.
SCHWARTZ, M. and HARRIS, H., 2020. War, Peace and Organizational Ethics.
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