BA Business Law and Ethics Report: Contract Law Analysis

This report analyzes a business law and ethics case study involving Hilary, Amy, Eleanor, and Olivia. It begins by defining business law and ethics, and then delves into contract law, outlining its key elements such as offer, acceptance, consideration, legality, capacity, and mutuality. The report examines the English legal system and identifies the appropriate courts for resolving contract disputes. It advises Hilary on the existence of binding contracts with Amy, Eleanor, and Olivia, concluding that a binding contract exists only with Amy. Finally, the report discusses available remedies like compensatory damages, specific performance, and liquidated damages. The report provides a detailed analysis of the case, offering insights into contract law principles and their practical application in business scenarios.

BUSINESS LAW AND
ETHICS
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TABLE OF CONTENTS
INTRODUCTION...........................................................................................................................3
1. Contract law and all blue prints of contract..........................................................................3
2. Court system in relation to English legal system and advice parties the court it may pursue
for action......................................................................................................................................4
3. Advise Hilary related to binding contracts exist between it and each of the party that is
Amy, Eleanor and Olivia.............................................................................................................5
4. Remedies available to parties...............................................................................................6
CONCLUSION................................................................................................................................6
REFERENCES................................................................................................................................7
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INTRODUCTION
Business law can be defined as body of law that governance or regulate the way business
operates its several function so that end objective can be achieved. In another words, it deals will
all legal aspects that need to be followed while running business so that no harm or undue
influence can be caused to other. On the contrary note, ethics are moral values, key principles
and ethic that need to be abided by company in order to grow and expand its business operation
and gain customers satisfaction. This report is based on case study of Hilary, Amy, Eleanor and
Olivia which involves some ethical and business law issue. So it has include key information
related to contract law and all its blue prints, court system in relation to English legal system.
Furthermore contain advise Hilary whether it has binding contract with Amy, Eleanor and Olivia
or not and alternative remedies available to them.
1. Contract law and all blue prints of contract
Contract as legal binding of people or general agreement between people that particular
person will complete specific task in exchange for getting sufficient amount of money. It helps
in clearly informing about legal rights and obligation of particular individuals which involves
exchange of good, services or any type of promise. The blue print of contract includes six
elements such as contractual offer, acceptance, consideration, legality, capacity and mutuality
which can be explained in detail as follows;
Contractual offer: it is one of the basic elements of contract in which someone that wants
something and other that have capability to provide the same make an agreement between each
other which is known as offer. In the contract one individual make offer to sale its products and
services and other individuals accept the same that lead in binding contract between them.
Moreover the offering involves exchange of product or services in return for getting something
in return or particular value (Austen-Baker, 2017). Likewise in all of the above case Hilary has
offered Amy, Olivia and Eleanor to make purchase of different things in order to satisfied their
respective requirements.
Acceptance: This is second stage at which the offer has been accepted or rejected by the offeree,
such as in the above case study none of the parties has accepted the offer of Hilary accept the
Amy. As it has wrote letter to Hillary that it is ready to buy computer at £1,000 but it change her
mind before it reach at its home.
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Consideration: The products or services that are rendered in an agreement are consideration for
promise made by offeror to offeree to provide the same in exchange of specific value or amount
of money. For example in the case of Hilary and Eleanor has agreed to give consideration of
£10,000 for making purchase of printing press. While In Amy and Hilary the consideration for
purchasing office computer was £1,000 and in Hilary and Olivia case it has said to sell the first
customers a famous artist painting at just £1. So, all these are just consideration that has been
made in order to purchase products and services.
Legality: All document and legal formality has been completed in context of making valid
contract between individuals. It clearly explained about roles and duties, or obligation that needs
to be completed by each of the parties (McCamus, 2021).
Capacity: It can be stated that the party need to get into agreement must have both legal and
contractual capacity to sign the contract. For example the Hilary has capacity to enter into
contract as it is ready to sell products while other are not interested to buy the products and
services or may payment.
Mutuality: The contract must be based on mutual agreement between the parties that are
involved in the agreement. Likewise both the parties must been interest to purchase and other
like to make payment in order to have products and services.
2. Court system in relation to English legal system and advice parties the court it may
pursue for action
The case study is related to breach of contract law which come under the civil court as it
is responsible for providing remedies for civil wrong committed by any individuals and entities.
Such as breach of contract, divorce case and many more, along with it United Kingdom does not
have single unified legal system. For instance the Wales and England have one system, while
Northern Ireland another and Scotland some other (Beale and et.al., 2019). So as per the case
study the court in which parties can be applied as per English legal system is as follows:
 As per the English legal system, the parties can went to court of appeal that deal with
appeal that has been came from courts or tribunals. Moreover, the court of appeal has two
divisions such as civil division hear appeal that has came from country court and high
court. While criminal division hear appeal from crown court connected with trial or
serious offence. Thereby it is decision that bind all of the courts expect the Supreme
Court.
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 High court of justice is responsible for both functions such as civil court and criminal
courts bases from subordinate courts. Furthermore it has three division family division,
chancery and Queen bench so they are not separate courts but have different procedure
and policies as per their respective purposes (Rumi and Ferraro, 2020). So, on the basis of
kind of case each division has been assigned to resolve as per the jurisdiction of the high
court.
Therefore it can be stated that parties such as Hilary, Eleanor, Olivia and Amy in order to resolve
their key issue can approach civil court and court of appeal for taking right decision related to
whether contract has been made between them or not. The final verdict of court will helps in
reducing the chance of conflict that whether the parties are responsible to make payment of
purchase or not.
3. Advise Hilary related to binding contracts exist between it and each of the party that
is Amy, Eleanor and Olivia
From the above analysis of the three case studies, it can have been examined that no
binding contract has been exit between any of the parties that is Hilary and Eleanor and Olivia
accept Hilary and Amy. Such as:
1. Likewise in the case of Hilary and Eleanor, Hilary has advertised to sell its printing
press at £15,000 so Eleanor in response has state to purchase the same at £10,000. But
the Hilary reject and state that it would like to sell it at £13,000, since then no reply
has been from Eleanor so Hilary has say that it would like to sell at £10,000. But now
Eleanor is not interested in the same therefore in the whole process there has been no
legal binding between the two parties (Siliquini-Cinelli and Hutchison, 2017).
2. In the second case Hilary has offer office computer at £1000 thereby a buyer named
Amy has agree to make purchase the same at specific rates. But before it get delivery
of product it has change its mind. So contract has been made between Hilary and
Amy as Amy has agreed to buy the computer at £1000.
3. While in the third case study, Hilary and Olivia has no binding relationship as it has
states that the first customers will be given famous artist painting at just £1. So, there
has been no valid contract made between the parties that Hilary will sell painting to
Olivia only at £1 (Furmston, 2020).
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4. Remedies available to parties
On the basis of analysis and examination of the case study there are certain remedies that
are available to parties to avoid the issue or problem. Such as compensatory damages, specific
performance and liquidate damages are some of the remedies available to parties Hilary, Amy
Eleanor and Olivia. Likewise:
Compensatory damages: One the remedies that can be used to resolve key issue that are face by
different parties is that paying specific amount or compensation for damage caused to other due
to action of particular individuals (Rumi and Ferraro, 2020). Likewise in case of Hilary and
Amy, Amy has agreed to buy so if Hilary has shipped the office computer then the delivery
charges should be compensate by Amy.
Specific performance: Another remedy is specific performance in case the monetary damage is
not adequate for compensating the loss.
Liquidate damage: This is remedy option in which specific amount parties has agree to pay
because of breach of contract likewise the Amy has paid certain amount of money as per its will
to liquidate the damage and compensate Hilary whom loss has been caused (Law, 2018).
CONCLUSION
From the above report it can be concluded that Contract law lead in legally binding two
or more parties to perform specific task or duties and have obligation. The law help in resolve
key issue that are face by different parties so that they can be happy and satisfied. At last it can
be summarised that parties through opting the above remedies option may resolve the conflict
and compensate for any loss that has been incurred by Hilary or any other party involved in the
contract.
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REFERENCES
Books and Journals
Austen-Baker, R., 2017. Implied terms in English contract law. Edward Elgar Publishing.
Beale, H and et.al., 2019. Cases, materials and text on contract law. Bloomsbury Publishing.
Furmston, M. ed., 2020. The Future of the Law of Contract. Taylor & Francis.
Law, C. C., 2018. Jan Smits (ed.), Contract Law: A Comparative Introduction. European Review
of Private Law, 449. p.452.
McCamus, J. D., 2021. The question of fairness in contract law.
Rumi, T. and Ferraro, A. V., 2020. Consumer protection and new contract law in the European
Union and in Italy. Journal of Liberty and International Affairs, 6(1). pp.87-99.
Siliquini-Cinelli, L. and Hutchison, A. eds., 2017. The constitutional dimension of contract law:
A comparative perspective. Springer.
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