Business Law and Ethics: Legal and Ethical Considerations in Business

This report delves into key aspects of business law and ethics, addressing the roles of the executive, judicial, and legislative branches of government. It examines the concept of specific performance in contract law, including its limitations and relevant case law, such as Ryan v Mutual Tontine Westminster Chambers. The report further differentiates between general partnerships and companies, focusing on separate legal personality and limited liability. Additionally, it discusses the ethical considerations surrounding employee dismissal, outlining legal and ethical ways to terminate employment, referencing the importance of fair treatment and adherence to employment laws. The report concludes by emphasizing the importance of legal and ethical knowledge for interns and professionals in the field.

Business Law & Ethics

Table of Contents
INTRODUCTION...........................................................................................................................3
MAIN BODY..................................................................................................................................3
Discuss the roles of each the three main organs of government:................................................3
Discuss the remedy of specific performance and the limitations imposed by the courts on this
form of relief, with reference to relevant case law and legislation..............................................4
Discuss the differences between a general partnership and a company with reference, in
particular, to separate legal personality and limited liability.......................................................4
Discuss how an employee can be dismissed at law from an ethical perspective.........................5
CONCLUSION................................................................................................................................6
REFERENCES................................................................................................................................6

INTRODUCTION
Business law and ethics are the two most important terms within the law which should be
considered in any of the condition. The main objective of forming law and ethical codes is just
for the purpose of providing basic overview that how any of the work is required to done. In
context of the file, there are number of topics which is needed to be covered by the law intern
i.e., Samuel. During the course of internship four different areas will be focus by him. Firstly,
about the organ of government. Then, it is about specific performance and the limitation imposed
by the court. In third part, discussion will be about general partnership and the company and
finally in the fourth part how employee can be dismissed in a fair way will be explained.
MAIN BODY
Discuss the roles of each the three main organs of government:
In any of the nation, the role and responsibility that an government carries is quite huge
because they are required to perform different form of work for attaining the goals. In order to
perform each and every task in a systematic manner, government has three different organs i.e.,
Executive, Judicial and legislation.
Executive is among the main body of a government where it is essential for them to
perform the work on daily basis. The Executive body is controlled by the Member of Parliaments
who is the crucial part of the nation and takes some of the important decision that how any of the
work is required to be performed. These member of executive body simply provides guidelines
that how any of the work is needed to be managed and what are the laws that can be formed
introduced. When having the discussion about Judicial Body, it plays the crucial role that how
any of the work is needed to be managed (Nelson, 2013). The main duty of this particular body is
to declare its decision for the person who do not follows the laws and regulations. Basically, it
forces the people to follow the law for the purpose of effective result. Also, whenever any of the
law has been not included and difficult arises to declare the decision then judicial body has the
power to form the law and declare its decision. Finally talking about Legislative Body, it is
necessary to understand that it is among the law making body. Here, they has been authorized to
commence any of the new law within the nation which can allow to reduce the percentage of
criminal activity or unlawful activity.

Discuss the remedy of specific performance and the limitations imposed by the courts on this
form of relief, with reference to relevant case law and legislation.
Talking about the law and regulations, it is necessary to understand about the contact law
that in any of the situation involved party must be able to perform their part of work. Specific
performance is that particular situation where court declares the decision that only monetary
damages is not the solution because identifying the amount will not work for the innocent party.
Due to this, defaulter party is given the order to perform the task in specific time period for
attaining the goals. This types of decision are declared as per the guidelines of Contract law
where judges mainly overview that how any of the work must be performed so that terms and
condition of the contract can be met. One of the famous case which is relate within the specific
performance is between Ryan v Mutual Tontine Westminster Chambers [1893] 1 Ch 116.
Here, it this case, the judges found that monetary damages will not incur the damage from which
innocent party had to suffered (Segal, Haberfeld and Gideon, 2013). So looking at the situation,
it is essential for the defaulter to perform his part of work in order to overcome from the
damages. In short, Specific performance is clause which has been includes within the breach of
contract where defaulter is forced to complete their part of work in any of the circumstances.
Discuss the differences between a general partnership and a company with reference, in
particular, to separate legal personality and limited liability.
In present scenario, there are number of process of conducting the business but while
conducting the business, there are different process and regulation which is needed to be
followed. There are different form of organization but process which is required to be followed.
It is because involvement of more number of investor will allow to generate higher percentage of
revenue and improve economy level.
Talking about General Partnership, it is the business activity which is performed at a
smaller ground where less number of investor. This types of business activity can be started even
with the involvement of 2 members also. Here, liability is never limited which can create some
of the issues for the investor. If this types of organization faces deficit, then it becomes necessary
for the partners to pay off the liabilities (Thompson, 2017). Also, it is necessary to understand
that the limit should not exceed 20. On the other side, Company is one of the business which
performs business at a greater platform. This types of business requires the team for performing

the business activity where there are number of rules and regulation which is needed to be
followed. The procedure which is to be followed is very expensive which do not allow limited
number of investors to establish this form of business entity. On the other side, there are no
particular limit for the involvement of members. Also, members are organization are different
from each other and the concept has been introduced through one of the famous case Salomon v
Salomon. In order to start online trading, company must register themselves as per the guidelines
of London Stock Exchange (Sulkowski, 2017).
Discuss how an employee can be dismissed at law from an ethical perspective.
The connection between workers and employers plays a significant role in achieving the
particular objectives within organisations. The relation is mostly established with the aid of
employment law, where they ought to establish rules for employer as well as employee. Each of
the essential employment law rules are about roles and obligations of the worker, and how they
should be expected to operate inside an organization's buildings. They must not violate any
legislation under any of the circumstances.in the view of company, however they also need to
realize all of employee working together on the same position must be given same format of pay
scale for motivating them (Grimmelmann, 2015). Also, it is crucial for any of the organisation to
understand that employer plays the important role but still they are not allowed to take those
steps which can create issues for them. Here, unauthorised process of removing the employee
should not be followed.
In present there are number of employees who take some of those decision which are not
beneficial for the company and in that respective condition they can be removed ethical from the
organisation. There are number of ways to terminate employee from the company in ethical
manner such as whenever any of the employee take any of those decision where they have been
not authorised. Secondly, order has been passed through the process of court then in employer
has the right to terminate the employees. Even employee can be terminated through the process
of retirement (Miller, 2014). If an employee tries to access the confidential information without
obtaining, then employee can be removed from the company. This are some of the process
through employee can be removed out of the company in the legal process.

CONCLUSION
In the lights of above essay, it is concluded that whenever any of the student goes for the
internship they should have the knowledge regarding different field so that performing any of the
task can become easy. Different organ of government has different role but every individual
must respect their decision and should follow them. The working nature of both partnership and
company is different but the ultimate aim is to earn the profit at a great level. There are different
organisation who tries to remove their employee without providing the valid reason, it is
essential for them to understand that they must be able to understand that law where without
having a genuine reason employee cannot be terminated.
REFERENCES
Nelson, B., 2013. Law and Ethics in Global Business: How to Integrate Law and Ethics into
Corporate Governance Around the World. Routledge.
Segal, L., Haberfeld, M. and Gideon, L., 2013. The effects of the recession on attitudes toward
business ethics: An inter‐temporal study of business students in 2001, 2009, and
2010. Business and Society Review, 118(1), pp.71-104.
Thompson, D. B., 2017. Teaching the Business Law and Ethics of Arbitration After
Concepcion. Journal of Legal Studies Education, 34(1), pp.63-88.
Sulkowski, A. J., 2017. Rodolfo's Casa Caribe in Cuba: Business, Law, and Ethics of Investing
in a Start‐up in Havana. Journal of Legal Studies Education, 34(1), pp.127-162.
Grimmelmann, J., 2015. The law and ethics of experiments on social media users. Colo. Tech.
LJ, 13, p.219.
Miller, A. A., 2014. What Do We Worry about When We Worry about Price Discrimination-The
Law and Ethics of Using Personal Information for Pricing. J. Tech. L. & Pol'y, 19, p.41.