Specific Performance and CSR: An Analysis of Business Law & Ethics

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Added on  2023/06/13

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This essay explores the interplay between business law and ethics, focusing on specific performance as a remedy for breach of contract and the significance of corporate social responsibility (CSR) in modern business practices. It discusses how specific performance allows an aggrieved party to be restored to their original position when monetary damages are inadequate, highlighting instances where courts may order specific actions to fulfill contractual obligations. Furthermore, the essay examines the increasing importance of CSR, driven by societal concerns and consumer awareness, and its impact on business reputation and profitability. While CSR initiatives can enhance brand value and foster positive relationships with stakeholders, the essay also acknowledges the challenges, particularly for smaller businesses, in balancing social responsibility with financial objectives and ensuring genuine commitment rather than mere marketing ploys. Ultimately, the essay underscores the need for businesses to integrate CSR practices authentically to achieve long-term success and sustainability.
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Essay
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Table of Contents
INTRODUCTION ..........................................................................................................................3
MAIN BODY...................................................................................................................................3
CONCLUSION ...............................................................................................................................5
REFERENCES................................................................................................................................7
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INTRODUCTION
The business laws are ethical that involves two separate framework that depends on each
other. It is generally termed to the concept that will not prevail any form of management that
takes the decisions that are based on legal terms instead of ethical section. Business law is a civil
body that regularize and conduct the dealings of management and their person (Atala, 2021).
Whereas the management ethics is termed as particular section to consider that what is ethically
right and wrong and on the other hand in what manner the management are need to present their
operations. Ethics will not lies in the particular form in which they manage spirit of law. The
following essay cover the scenario of the solution of particular performance as with their
limitation. At last it follow the extend in that the management need to manage CSR.
MAIN BODY
As the certain performance is one of an issue that is accessible at the option of the wrong
section. It is an equal ease that is being offered by the discerning of the court against another
party to do the needed act as agreed in the contract. Hence, the remedy of certain presentation
will lies in contrast with issues of amends in which the aggrieved party is restored with the
manner of monetary compensation. Likewise this solution is granted with suitability of
exception. In the remedy of certain performance the court will declare in favour of the litigator
against the defendant through compelling them to present their role of contractual roles.
Basically the court grants such remedy only in the manner in which damages cannot maintain a
suitable remedy. For example with the scenario of Fackle v Gray of 1859, in which the subject
matter of the agreement that is a Chinese vases was an original creation that cannot be restored
just by the manner of damages (Gonan Božac, and et.al., 2021). Likewise, the general rule for
the application of the certain presentation is that it might not be granted in the section where the
section or the topic of the contract is wrong or are not distinctly defined. Generally, for the
scenario it will deals with what they said that statement asks for the consistent oversight or the
presentation for a certain term of time then it also particular presentation will not be sequential.
Hence, in respect to bring the remedy of certain presentation that is expected from the litigator
that will evaluate that they should satisfy the concerned court with honour that they mentioned
sort of damages that are inadequate and generally cannot be get restored with aggrieved party to
their real term of position. For example in the scenario where the transfer of holding is need the
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damages that cannot be stand to be a suitable damage for the party. The relief of particular
presentation should be generally claimed from the court through the litigator.
Furthermore, the court in another scenario of Leune v. Queens Cross Properties Ltd, it
held that the issues of certain case basically should be granted in the section in which they said
that performance is been topic to in context to the contracts that reason that being they deals with
the end result that is the work that has to be complete with the output term that have the carrying
of an action over a specific period of time (Loureiro, Guerreiro, and Tussyadiah, 2021). On the
other hand, the remedy performance does not hold an ambit of the contract that involves the
provisions of personal facilities for example the declaration of unemployment. It will not be
involved in this remedy that will be reason that it being the order develop by the court that
deform the freed of a person that was mentioned in the scenario of Chappell v. Times
Newspapers Ltd.
Corporate social responsibilities is an action of self regulation of management that
support the business of being socially responsible. It lies with no suitable manner in order to
practice such actions of CSR. Every management can have advantages in terms of society in
varied manner by being the part of such actions. Generally such are the initiatives that are taken
by the management in respect to offer advantages to the society that primarily relates with thee
fundamental categories like economical, social and environmental. Basically all the management
or business at very first example that will not take such responsibilities in an effective way but
now due to more awareness of such social initiative between the consumer the case that has
changed with an effective extent (Rapoport, Tiano Jr, and Siroky, 2021). On the other hand,
because of the raising concern of particular essential term of social issues like as the global term
or any other unethical labour practices, the business are presenting an approach of presenting the
policies as per to their concern in respect to boost their sales and brand goodwill. Likewise, the
practices of corporate social responsibilities make an effective impact on the management due to
their higher term of amount of reasons. It has been seen that the business who are highly
indulged with their actions of Corporate social responsibilities that tends to have satisfaction and
higher potential consumer and as well as workers. The fundamental cause of it can be that the
workers who perform for business by having high social concern that will tend to give their
workers an effective sense of role. With it, the management that practice CSR tends to spend
higher in their employees at the time of making efforts for developing an effective working
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situation to that the workers enjoys returning to their work. Basically, the practice of corporate
social responsibilities have an impact on their positive way by the raise of social media that made
individual highly aware of the significance of such initiative on the society. Furthermore criteria
follows the manner of customers who are more influenced and willing to be the part of the
business to that they can trust therefore it is needed for the business to be the part of corporate
social responsibilities initiatives and have sustainability report. Hence, the business in respect to
develop and have success in the market that need to be practice the corporate social
responsibilities (Shamsuzzoha, and Raappana, 2021). On the other side, if they fails to be the
division of such actions should be capable to face the failure of the management at the time of
having lower term of sales and also manages the goodwill of the business.
Furthermore, they lies the amount of advantages due to which the management are
moving forward with the course of CSR initiatives but the section raise with the manner that the
business in real sense are following the practices seriously or is it just manage a manner to
develop the business's brand value in mindset of users. On e of the fundamental benefit that
support the business in creating effective consumer relationship. At the time of developing the
positive dealings with their workers and their consumers the business can lead to potential gain
in their sales that ultimately result in maximising their profit. It has been followed that the CSR
programs in which they have been initiated to operate in unorganized manner in the business of
the management (Tiano Jr, Rapoport, and Siroky, 2021). Hence, it is needed on the course of
business to execute the consistent approaches that are linked to the CSR practices. But various
times happens in which the small management after starting the started tends to drop among
reason being the global cost that falls on small management in disproportional way. Also by
managing the budget for the aim of CSR, not always it become an effective approach for small
management. It follows other concern as because of that the business tends to fail in evaluating
of it in which they can raise the issues with the profitability motive of the business. It follows
primary job role of the business that lies towards their shareholders with context to the proper
return of profits. Likewise, because of this reason the engagement of the business in the
corporate social responsibilities can become an alternative choice.
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CONCLUSION
From the above mentioned essay it has been concluded that, it deals with contract as a result of
break that aggrieved party that can be restored in their real positioning by the manner of remedy
of certain presentation. In the court they order another party to return the concerned things that
are to be wrong party in the similar way as it was before. Furthermore in relation to the other
section of essay it demonstrates that the initialisation of corporate social responsibilities by
society and their social concerns that can be uplifted in several manner. But also the business
follows various CSR practice that tries to diversion from the implications that rather than
actually that being the part of it.
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REFERENCES
Books and Journals
Atala, F.G., 2021. The Law and Ethics of Journalism in a Changing World. The Handbook of
Communication Rights, Law, and Ethics, 101, p.147.
Gonan Božac, M., and et.al., 2021. Business ethics decision-making: Examining partial
reflective awareness. Sustainability, 13(5), p.2635.
Loureiro, S.M.C., Guerreiro, J. and Tussyadiah, I., 2021. Artificial intelligence in business: State
of the art and future research agenda. Journal of Business Research, 129, pp.911-926.
Rapoport, N.B., Tiano Jr, J.R. and Siroky, W., 2021. The Specter of Malpractice: When Law
Firm General Counsel and Risk Management Professionals Are Confronted with
Potential Malpractice Claims and Ethics Violations. Maryland Law Review (online), 81.
Shamsuzzoha, A. and Raappana, H., 2021. Perspectives of business process ethics in data‐driven
marketing management. Security and Privacy, 4(6), p.e177.
Tiano Jr, J.R., Rapoport, N.B. and Siroky, W.J., 2021. The Specter of Malpractice: When Law
Firm General Counsel and Risk Management Professionals are Confronted with
Potential Malpractice Claims and Ethics Violations.
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