LSC UoS BA Business Law and Ethics: Contract Formation and Analysis

This essay delves into the realm of business law and ethics, emphasizing the pivotal role of contract law in fostering a transparent and effective business environment. It elucidates the fundamental principles of contract formation, highlighting the essential elements such as offer, acceptance, obligation, legality, and validity. The essay analyzes case studies involving Avril and Belinda, and Darewash, Charlie and Eddie, scrutinizing the existence of valid contracts and the associated rights and responsibilities of the contracting parties. Furthermore, it explores potential remedies for breach of contract, including repudiation, and underscores the significance of ethical considerations in ensuring sustainable business practices. The document is available on Desklib, a platform offering a wide array of study tools and resources for students.

BUSINESS LAW AND
ETHICS

Table of Contents
INTRODUCTION ..........................................................................................................................3
MAIN BODY...................................................................................................................................3
State what a contract is, and the conditions for forming one. Then, advise Avril and Belinda
on which contract(s), if any, have been formed in this negotiation and their rights and
responsibilities under such contracts...........................................................................................3
CONCLUSION ...............................................................................................................................5
REFERENCES................................................................................................................................7

INTRODUCTION
Business law and ethics they are that kind of legislation that has been developed over
making business environment work in more effective manner. Such laws helps in making
innovation with effectiveness applied within an organization that leads over making goals
achieved in more legal manner. Both the laws lead over setting of framework which makes all
kinds of ethical factors with business element modified in such manner that organizations growth
and sustainability is been maintained. Ethics makes conflict within an organization solved in
proper manner and business law help in making all kinds of framework accomplished in more
effective way. In this essay things explained is based over contract laws that has been formed in
order to make management with formation of agreement done in more effective way. Then in the
end of the essay things related to rights and duties of contracting parties is been covered.
MAIN BODY
State what a contract is, and the conditions for forming one. Then, advise Avril and Belinda on
which contract(s), if any, have been formed in this negotiation and their rights and
responsibilities under such contracts.
Case study the case has been covering facts which says that Avril provides services in
relation to make advertisement which is been formed within local print and through online mode.
In this Belinda has made contract with Avril for building of shed regarding business purpose.
Further regarding this situation price has been explained that made costing created over seven
fifty euros(Pufpaff and McCann, 2021). The stipulation or time period of the contract is based
over seven days. Then in this Belidin made an email to Avril within time period that was not
accepted quotation. Beldin accepted over quotation and emailed back to Avril. In this the price
range that has been mentioned is of nine hundred euros. State about condition of contract
formation the main thing that has been made over discussing within the case is contract law
which means those specified legislation which has helped in making an agreement legal in
nature. The agreement formed can be turned into a contract but a contract cannot turned into
agreement. Further the law of contract provides formation of contract in both expressed and
implied manner, they can be in written ad unwritten form(Okoye and Onyejekwe, 2019). This
means that a promise can be a contract which is based over any kind of obligation legally formed
between parties. Promise can be anything that is not illegal within the eyes of law. The contract

covers certain questions which are based upon formation of contract, sustainability of contract
and framework of contract. In this an injured parties file case regarding claim required to be
attained over breach happen between parties. These law are ficused more over providing shape
within factors leading towards agreement establishment. In this all set of rules wit guidance is
been discussed by the parties before forming proper contract. Contract formation can be justified
through an statement that is “ An agreement can be contract though contract cannot be
considered as an agreement”. In other words it can be understood that contract laws are the laws
that helps in making agreement formed between two parties attain strength within the eyes of
law. Contract leads over forming of aggrievement in relation to sales of goods, property and
materials required by an organization. Contract is been formed with the help of different kinds of
elements that provides more strength to a agreement. These elements used in contract for its
establishment are offer, acceptance, obligation, legal aspects and validity. In offer idea is been
provided to parties that has been making willingness in order to initiate contract formation.
Under acceptance other party to whom offer is been expressed accepts it and proceed with
contract formation. Then comes obligations which are based upon different aspects covered
within a contract. In this all kinds of elements and factors is been discussed by parties them only
obligation is created(Jones, 2017). Further legality is there that makes an contract form its legal
framework in relation over obligation that has been created after discussing all aspects of
contract. In this all scope of legislations applied within contract is checked in more effectiveness.
Last element that is been used is validity which means seeking that no contract has been formed
with the help of any illegal idea which is not permitted by government. Advise Avril and
Belinda in relation contract existing with rights and responsibility in this case the main idea
that has to be discussed is based over valid formation of contract. It can be observed that only
invitation over treat is been formed which is based upon offer made but no acceptance is shown
over it(Demont, 2020). In this offer is been made through an advertisement and acceptance is
based upon other party. Regarding invitation to treat relevant case law is Pharmaceutical
Society of Great Britain v Boots in the case self service system is been introduced for making
picking up of goods and then putting them back within basket till the time payment is been done
for it by the customer. In this case Pharmaceutical Society of Great Britain brought action upon
making determination over legal basis of principles. In this sales of pharmacy products is to be
done within the presence of pharmacists as per law related to it. Under the case court held that

determination of contract come into existence and court showed observation regarding self
service system which made an conclusion formed that it is only invitation to treat but not an
offer. This is the case of invitation to treat and in this court held that customers good has been
created in relation over assistance provided over making choice weather to accept offer or not.
So, in this case court come over conclusion that in the presence of pharmacists and the offer
made is only treated as invitation to treat not perfect offer. The condition applied within the case
makes invitation to treat a valid point to be applied since offer has been made but not accepted
which cannot be considered as contract law.
Case study in this case has made advertisement related to offering flyers that is based
over electric services within the home town named Filtterbug. Further the case says that
Darewash has formed a contract with Charlie over electric services. As the work was completed
bill come to Darewash of three thousand five hundred euro from Eddie and five hundred euro
from Charlie. After work was finished it was marked that it has to be done again and this was
been marked out only after taps is been turned on by Charlie. Advise Darwash over which
contract the main point of discussion that is based over binding contract made between parties
these contract are based over legal obligation which is based on contract that has to be formed.
Also the contract makes contractual parties taking place within contract. In this scenario all
elements of contract has been formed over binding contract(Chan and et. al., 2020). In this
rights has been formed which makes rights for parties Charlie and Eddie. The rights which
can be used by them is based over right of payment to be made, right to repair, refunds or
exchange, right to file lawsuit upon contract which has taken place due to breach or dispute.
Remedies in relation to Charlie and Eddie there are various kinds of remedies that is available
within contract that are damages, injunction, specific performance, repudiation and repossession.
The appropriate remedies applied in the case is repudiation which makes proper solution attained
over issue(Bietti, 2020).
CONCLUSION
From the above discussion it can be marked out that both business law and ethics has
been used over creating healthy working environment within an organization that makes goals
and objectives accomplished in more effective way. These law is majorly used by an
organisation to develop authentic framework which makes business develop in right direction.

Further the essay covers about contract law which has been formed over making an agreement
achieve legality within the eyes of law. Then contract formation with elements involved within it
has been discussed. Also the essay makes rights that is been pertained by parties while contract is
initiated. In the end of the essay remedies related to breach of contract applicable within the case
scenario is explained.

REFERENCES
Books and Journals
Bietti, E., 2020, January. From ethics washing to ethics bashing: a view on tech ethics from
within moral philosophy. In Proceedings of the 2020 Conference on Fairness,
Accountability, and Transparency (pp. 210-219).
Chan, P.C and et. al., 2020. Are hotel managers taught to be aggressive in intelligence
gathering?. Asian Journal of Business Ethics, 9(2), pp.417-424.
Demont, P., 2020. Ethics in Early Greek Medicine. In Early Greek Ethics (pp. 520-544). Oxford
University Press.
Jones, J.K., 2017, June. Aesthetics and ethics informing an exhibition of artworks by Indigenous
youth. In 12th International Conference on The Arts in Society (p. 78). Common
Ground Research Networks.
Okoye, A. and Onyejekwe, C., 2019. Law’s ethics and sustainability: corporate tax and
sustainable social structures. In Sustainability and the Humanities (pp. 525-538).
Springer, Cham.
Pufpaff, M. and McCann, D.P., 2021. The Ethics of Short Selling: The Case of Muddy Waters
Research LLC. In Doing Good Business In China: Case Studies In International
Business Ethics (pp. 339-346).
Ureta, I., 2020. Ethics in Islamic Finance: Opportunities and Challenges in Times of Economic
Turbulences. Handbook on Ethics in Finance, pp.1-16