Examining Contract Law, ELS, and Company Law in Business Context

This document presents a solution to a business law exam, addressing key areas such as contract law, delegated legislation within the English Legal System (ELS), and company law. The contract law section analyzes a breach of contract scenario, outlining available remedies like damages and specific performance. The discussion on delegated legislation highlights its value in expediting law-making processes and adapting to societal changes. Finally, the company law section delves into the landmark case of Salomon v Salomon & Co Ltd, examining the principle of separate legal entity and its implications. Desklib offers similar solved assignments and past papers to aid students in their studies.

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TABLE OF CONTENT
INTRODUCTION.......................................................................................................................................3
Section A - CONTRACT LAW...................................................................................................................3
Question 2...................................................................................................................................................3
Advice Jermy...........................................................................................................................................3
Section B - ELS...........................................................................................................................................5
Question 5...................................................................................................................................................5
Discuss the value of delegated legislation as a form of law making in the English Legal System...........5
Section C - COMPANY LAW....................................................................................................................7
Question 7...................................................................................................................................................7
To what extent do you agree with the decision reached in the case of Salomon v Salomon and Co Ltd
[1897] AC 22...........................................................................................................................................7
CONCLUSION...........................................................................................................................................8
REFERENCE..............................................................................................................................................8

INTRODUCTION
Business law is an important civil and corporate law which helps out to maintain proper
implications on all the organisations and on their benefits in the working procedures. It provides
out the regulations and rules on the business practises that helps out to maintain smooth
functioning of companies (Greene and O’Brien,2019). It mainly covers different kinds of laws
like IPR, employment law, contract law and many more. Contract law helps out to provide all the
agreements that are being framed enforceable under law. This report will cover a case scenario
and with that the value that is being made for the delegated legislation and further it will also
cover the Soloman case regarding the decision.
Section A - CONTRACT LAW
Question 2
Advice Jermy
As in this case Jermy was thereby entered in a contract with X Ltd and there was
agreement offer acceptance between the parties there has been seen that the contract has been
framed between them, But the contract was being made between for 30th June in the X Ltd has
declined for the consignment of oranges on 19 June there has been seen that there was a breach
of contract that was being made between the parties. As X Ltd thereby agreed to buy the oranges
and consignment the proper offer and acceptance and with the legal obligations to do so by
fulfilling all the essential elements of the contract. But there by declining for the consignment
there was being made a breach (Assländer and Hudson 2017). Whereas Jermy has thereby caught
other purchaser B Ltd who agreed to purchase the oranges but that was of £2000 below the
amount that was been agreed earlier that means that there was a loss that will be faced by
Germany because of the actions of X Ltd so Ja meet and thereby sue the X Ltd for the breach of
contract that is being made by them and there has been framed certain remedies that are being
available for the breach of contract between the parties they are like as follows:

Damages: It is mainly all the compensatory damages that are being given as a legal
remedy for breach of contract for the actual loss and damages that has been occurred to

the person and the party because of the breach of contract. It can be referred as a general
damages which are mainly because directly by the result of breach or the consequential
damages that can occur due to the natural consequences that can arise from the breach of
contract.

Specific performance of contract: It is mainly the remedy in which court used to order the
party to perform the function and to give the monitory damages by performing the
specific purpose function in an adequate manner. It is mainly the method in which the
party will have to perform the situation for which they had made the breach for the
contract.

Injunction: It is mainly restraining any party from doing any act or performance. It is
quite similar from a specific performance as a “thereby order the aggrieved party to do
something through which the court is thereby being of order to made it happen. It is
mainly restraining any person to do any act or making that person to do an ad that is been
pending. There are mainly two kinds of injunction that is temporary injunction which
usually being made in which the litigation is there by being pending and the permanent
injunction where the court used to provide a final ruling for their law suits (Eisenstadt
and Pacella, 2018).

Rescissions: It is mainly a remedy in which the party which suffered the loss and thereby
cancel the contract and can seek for the monetary damages that has been available for
them. It may leave provide the beach of the material and all the contractual agreement
that has been framed into it.
In this case where the journey has face a loss of £2000 he can thereby go to the court for the
suit and court can thereby apply the specific performance of contract and damages that can be
claimed from the X Ltd in order to pay Jeremy the amount that has been made loss to him by not
performing the contract and making it in a situation where he was before. As contract law helps
out to provide proper agreement that is being in foreseeable in a limitation and through which the
breach of contract and thereby be removed from their working areas.

Section B - ELS
Question 5
Discuss the value of delegated legislation as a form of law making in the English Legal System.
Delegated legislation is mainly the law that are being made by the individuals or persons
that are other than the body of Parliament but they thereby act as an authority of Parliament. It is
mainly the authority that is being given by the parent act or the person who has a right in the
Parliament. It helps out to maintain and create important laws as in regard to the delegated
powers in the areas. As an English legal system delegated legislation is mainly being
implemented in order to focus on the fast decision process which cannot be laid out through the
Parliamentary meeting and also to protect the common law of actions and the Parliamentary
sovereignty. Some of important features are as follows:
 It thereby helps out and enables laws to be maintained in a final pace and also to maintain
proper deliberating areas through which bills are being passed through the several stages
and means.
 Delegated legislation mainly helps out to provide a model legislation through which all
the technical areas and the governmental bodies can maintain their proper functions and
principled areas (Chiu,2017).
 It mainly helps out to maintain required areas and knowledge through which local
authorities can thereby be given permission regarding the enactment of laws and also to
maintain proper framework of legislative making.
 It tries to cover all the situations regarding their enactment in legislation and also to the
changes that are being needed in the society with the situations that are not being
anticipated by the Parliament.
 It helps how to reduce the burden of all the legislative areas and also alter the laws that
are being made by the supreme lawmaking authorities.
Delegated legislation helps out to control all the important resolution that are being made in
the Parliament and also try to maintain start a tree instrument through which they can maintain a

proper bylaws and effective areas through which awareness and thereby be made in the
assemblies and also a proper scenarios regarding the controlled and the consultation areas can be
covered. Delegated legislation helps out to provide a proper power and lawmaking processes
through which a growth in all the legislative functions and the formation of bills can be made
and it helps out to maintain and reduce the burdens that are being made on the legislative areas
and bodies. As it also maintain the society and provide a proper lawmaking bodies through
which they can frame out the conservative areas and examine all the important loopholes that are
being needed in the enactments. It is helpful for all the Parliamentary actions and constitutions
and also present out the resolution in a proper manner and also scrutinise the start a tree
authorities and attention of the Parliamentary areas.
Delegated legislation thereby helps out to maintain and enables a government in order to
make proper new acts and parliaments and also to empower the modification and the important
sanctions that are being altered through the statues and technical changes. It helps out tomorrow
make all the important roles through which the process of lawmaking becomes easy to maintain
the legal outstanding areas through which they can maintain out different kinds of experience in
all the all treated areas (Tajti, 2018).
Thus, It has a major value in English legal system as it helps out to maintain and run
smooth functioning of all the lawmaking process and all the Parliamentary bodies which are not
being able to maintain and codify the law at proper time and also provide the individuals a
proper safety measures through which they can help them out to maintain the laws enough
functional areas and meaning. It promotes all the importance of unity and equality among the
individuals and also tries to maintain the balance between the working patterns and all the
sovereign bodies that are being laid out to frame out the statutory authority and the common law
of actions.

Section C - COMPANY LAW
Question 7
To what extent do you agree with the decision reached in the case of Salomon v Salomon and Co
Ltd [1897] AC 22.
Facts : In this case scenario Salomon a wholesaler supplier who used to export all the
important qualities of leather boot from around 30 years and he just planned to transfer his
business to the appellant company to his wife, daughter and four sons through the help of
memorandum of association. The business practice of appellant was thereby being sold on a sum
of £38,782 in which there were about £16,000 that has been decided for providing to the cash
and the debentures. As there was an excessive price that has been made for the value of business
practice for debenture there was being made for £10,000 that was being made in favour of
Salomon, He later made a security for the mortgage for amount £5000 and the appellant thereby
took the shares for the payment regarding their old business. The company thereby failed in
order to make and maintain the business properly and has led to winding up of business and the
company. From that date the company was an in-depth it of unsecured creditors and there was
about liquidator a list who were thereby to merely sham all the actions that are being taken
against the appellant in order to indemnify all the debts that are being raised in the company.Issue
 Is Solomon responsible to indemnify all the tips of unsecured creditors of company.
 Is the company personally liable for all the separate legal identity that has been made by
Salomon.
Judgment: Court held that all the adjudication will thereby be for the liquidated contention as the
appellant and Salomon was thereby being responsible for indemnity of debts and the unsecured
creditors that are being laid in the company. Court held that companies business will be treated
as Salomon own business and all the appellant that is the principal which used to on the money
on the indemnified areas of company steps. Court of appeal held that the company is personally
liable And Salomon has their own separate legal entity of the company.
The house of lords reverse the judgement and let that the concept regarding the formation and
working in the companies will be about the corporate wheel and this theory will embark about
the corporate entity and the basic principle that helps out to maintain law of incorporation. As the

company will be a separate legal entity and thereby being responsible for all the duties that are
been laid in it as from the case
Lee v. Lee there has been made that all the corporate personality
were there by being unable and authorised to give the compensation to the widow of the
husband. Thus this case will thereby lead the company as a separate legal entity (Hardin, 2017).
From this above case it can be agreed that the judgement that is being raised in the
Salomon case is correct there has been made a growth regarding to the protection of corporate
wheel and all the efforts of the legislative and judicial areas as corporate wheel helps out to
maintain the protection for the device and the person who used to work in the company and the
company will be treated as a separate legal entity as it helps how to incorporate with the acts that
are being made in the work men and thereby all the workmen will thereby be not being
personally liable for the act that is being made between them. The company with thereby be
accountable for all the fraudulent acts and irresponsible duties that has been laid out in it. It there
by uphold the law And also helps to maintain the interest in equity and justice without any
prejudice as his concept is there by being known as lifting of corporate wheel and also raised any
judgement to the start it will provisions with a proper penetration of all the Incorporated areas.
CONCLUSION
From this above report it is concluded that business law is an important element which
helps out to provide all the rules and regulations from the civil procedure laws through which the
organisation can maintain a smooth functioning of business. There are certain remedies for the
breach of contract like specific performance, damages etc. delegated legislation helps out to
provide all the laws and legislation that are being made by the authorities which are not being
under the Parliamentary legislative areas. Furthermore it is also concluded that companies used
to form out lifting of corporate wheel with a separate legal entity and it’s legislation.

REFERENCE
Assländer, M.S. and Hudson, S. eds., 2017. The Handbook of Business and Corruption: Cross-
sectoral Experiences. Emerald Group Publishing.
Chiu, I.H., 2017. Is there Scope for Reforming the Emaciated Concept of Fiduciary Law in
Finance? Critically Discussing the Potential Achievements of Reform. European
Business Law Review, 28(6).
Eisenstadt, L.F. and Pacella, J.M., 2018. Whistleblowers Need Not Apply. American Business
Law Journal, 55(4), pp.665-719.
Greene, S. and O’Brien, C.N., 2019. New Battles and Battlegrounds for Mandatory Arbitration
After Epic Systems, New Prime, and Lamps Plus. American Business Law Journal,
56(4), pp.815-878.
Hardin, W.F., 2017. “ This Unpleasant Business”: Slavery, Law, and the Pleasants Family in
PostRevolutionary Virginia. The Virginia Magazine of History and Biography, 125(3).
Tajti, T., 2018. Bankruptcy stigma and the second chance policy: the impact of bankruptcy
stigma on business restructurings in China, Europe and the United States. China-EU
Law Journal, 6(1), pp.1-31.