CECOS College Business Law Task 2: Legal Solutions and Evaluation

This report, prepared for a Business Law assignment, delves into the application of various legal frameworks impacting businesses. The content begins with an introduction to the Companies Act 2006, Contract Act 1999, and Employment Act 2015, setting the stage for an examination of their practical implications. Three distinct case studies are presented, each analyzing specific legal issues and proposing corresponding solutions. The report subsequently compares and contrasts the effectiveness of the recommended solutions, offering a critical evaluation of the legal advice provided, alongside an exploration of alternative dispute resolution (ADR) methods. The role of ADR, tribunals, unions, and citizen's advice is explored, highlighting their significance in resolving disputes outside of formal court proceedings. The report concludes by summarizing the integral role of these laws in business operations and the advantages of ADR methods. The report uses legal statutes and case law to provide the reader with a detailed insight into the legal aspects of business.

Business law
Task 2

 Introduction
 Companies Act, 2006
 Contract Act, 1999
 Employment Act, 2015
 Case 1
 Case 2
 Case 3
 Comparing & contrasting the effectiveness of recommendations
 Critical evaluation of the appropriate legal solutions suggested in
comparison with alternative legal advice
 Conclusion
 REFERENCES
Table of content

 In the following presentation overviews of the
employment, contract and company law is give as
they have direct effect on the organisation.
 For three different cases legal solutions is provided.
 The recommendations are compared and contrasted
and the legal as well as alternative solutions are
critically evaluated.
Introduction

Contract Act, 1999
 This act governs the business relation made under
business transactions.
 The business are required to fulfil the promises made
under the written agreement.
 The act also provides the legal action that can be
taken in the instances of breach of the contract.

Employment Act, 2015
 This act along with the Employment Right Act,1996
regulates the relation of employee and employer who
have entered into employment contract.
 The act governs the rights and powers as well impose
duties and responsibility over employee and
employer respectively.

Companies Act, 2006
 This act provides the provision for formation,
operation and dissolution of a registered company.
 This defines the provision and gives direction to the
business to operate the business legally.

Case 1
Legal points:
 Gordon allowed variation in the contract but same
was not put in writing, so it is enforceable.
 Gordon decided to forgo the salary for three years can
be claim the same.

Legal solution and Justification
 As per the provision of the Employment rights act,
1996 every employee have a right to get national
minimum wages and also which is written under the
employment contract.
 So this is the basis right of Gordon to receive the
salary for past 3 years.
 Moreover, to let go was a personal decision by seeing
the financial crisis of the Orange Computer Ltd.
Continue…

Legal points:
 Is there a valid contract between Janet and Virgin
mobile.
 Can Virgin mobile charge for the services not
provided.
Case 2

Legal solution and Justification
 As per the provision of Sale and Supply of the Goods
act, 1994 under the service contract the contract
forms when the provider agree to give services and
complete with fulfilling the promise made.
 In the given case when the virgin mobile agree to
give services to Janet a valid contract is formed but it
competes only on the day when the telephone line
was installed.
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Case 3
Legal points:
 Can creditors apply for
wining up petition.
 Do Blackhorse have a
legal solution to avoid
winding up proceeding.

Legal solution and Justification
 As per the section 122 of the insolvency Act, 1986
the creditors have a right to file a winding up petition
in the court to dissolve a company.
 This can be done when company owes more than
seven hundred fifty pound to the creditors.
 In this case the company can avoid this process by
either entering into administration or making a
Compulsory Voluntary arrangement with it creditors.

Continue…