University of Suffolk Business Law: Contract Law and Remedies Essay

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Added on  2023/01/07

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This essay provides a comprehensive overview of business law, with a specific focus on contract law within the English legal system. It begins by defining contract law and outlining its fundamental principles, including offer, acceptance, consideration, and legal intention. The essay then delves into the structure of the English court system, differentiating between civil and criminal procedures and explaining their respective roles in resolving legal disputes. A key component of the essay involves analyzing a case scenario to determine whether legally binding contracts were formed between involved parties. Finally, the essay concludes by examining the various remedies available in the event of a contract breach, such as specific performance and compensation, providing a thorough understanding of contract law principles and their practical application.
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Table of Contents
INTRODUCTION...........................................................................................................................................3
MAIN BODY.................................................................................................................................................3
Explain about contract law including all of its blue print.........................................................................3
Explain about the court system of English Legal System including. In addition, also advise which court
procedure is helpful in the case...............................................................................................................4
Advise Hilary to know whether she forms any of the legal binding contract with any of the involved
party with whom discussion had been done...........................................................................................5
Explain about the remedies which are available for the breach of contract...........................................6
CONCLUSION...............................................................................................................................................6
REFERENCES................................................................................................................................................6
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INTRODUCTION
Business law is the area of law which governs the commercial sector in any of the nation.
This law has a wider area where includes number of law and regulations such as company law,
property law, contact law and number of other laws are also there. The consideration to all of this
law is quite vital because it strength the decision making ability which is quite crucial for future
success. The direction of the file will indicate about the contract law and how it is helpful in
formation of any agreement. Even there are some of the situation where there is a requirement of
resolving issue and for that court system will be analysed. Then after, case scenario will be
focused that whether contract is formed between the parties or not. And, at the end it will be
necessary list down all of the necessary remedy that are available in any of the breach of
contract.
MAIN BODY
Explain about contract law including all of its blue print.
Contract Law: It is the law which is to be followed by every person who enters into it.
As a daily routine, there are number of occasion where two person enters into the contract, either
knowingly or unknowingly. The commencement of the contract indicates that parties must work
according to the guidelines which are inserted in the contact. Even there are number of benefits
which can be seen once parties enter into the contract. For example, any of the party enter into
the contact they get the surety of completion of work on given time period. Chances of arising
any type of dispute is very low (Kubasek and et. al., 2020). On a daily basis contract is formed
which is important but at the same time it is essential that guideline of contract should be based
on valid terms and condition. It means that only formation of valid contract is allowed in any of
the contract law. Whenever any of the contract is required to be formed, there are some of the
blue prints which must be followed:
The blue print of the contract law explains that forming any of the contract is not an easy
task because there are number of important terms and condition which must be met. As per the
blueprint of contract law, the first step which is to be considered is offer. Here, making an offer
to the party is important. It is just a invitation to any of the party for performing any of the work
in a legal manner. Then, there is an acceptance which explains that it is the choice of the party
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that whether they agree for the offer or not. If they show their willingness to the offer then it
helps to form legal contract. In any of the contract, consideration is also necessary where it is
said that when offer and acceptance procedure is followed, it is essential that consideration
should be there. It means that when work is completed, benefits should be provided which is
mainly found in the monetary terms (Poff, 2020). The next important term in any of the blue
print of contract is legal intention of the party which means that whenever any of the party tries
to enter into the contract, there must be legal intention which is quite crucial in any of the
contract. Finally, contracted party should not be of unsound mind. It is because whenever any of
the person is of unsound mind, they are unable for to take corrective decision and in this
respective situation, contract are never valid in nature.
Explain about the court system of English Legal System including. In addition, also advise which
court procedure is helpful in the case.
The past decades have always mentioned that the legal system of UK is quite effective
because of the law forming process they adopt and the court procedure which helps them to
maintain law and regulations. Talking about business, or any of the commercial sector, there are
number of problems that arises on a regular basis which needs to be resolved in a systematic
manner. In context of English legal system, they have been following the rule of two different
types of court procedure and they are Civil procedure and criminal procedure. Both of this
procedure are important in resolving any of the matter in the court. The detail discussion on both
of the procedure is:
Civil Procedure: This particular litigation are solved with the help of civil courts. The
civil court includes some of the types of court such as county court, magistrate court,
high court, court of appeal and finally supreme court. All of this court have huge
importance because all of them simply helps to resolve the problem which are being
faced by the innocent party (Murdoch and Caulfield, 2020). Whenever any of civil related
problem arises, help from county court is taken and if favourable results are not obtained
then next steps needs to be taken which involves the process of other court procedure.
Criminal Procedure: The process of solving non bailable offence is said to be criminal
procedure. Here, defaulter makes some of those mistakes which affects the society or a
greater number of people. For the purpose of solving the case under criminal procedure,
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there are some of the specialised courts are available in their chronological order and they
are magistrate court, crown court, court of appeal and eventually there is house of lords.
All of this courts are certainly helpful in obtaining the result in any of the criminal cases.
The requirement of case is totally different from criminal procedure which means that the
case is of civil nature which is needed to be resolved with the help of county court. This court is
specialised in solving any of the contract related issues.
Advise Hilary to know whether she forms any of the legal binding contract with any of the
involved party with whom discussion had been done.
There is different situation in the case which is being indicated by the case scenario. It
means, analysis of the case study is quite important because it is the only way through which it
can be identified that whether contract has been formed or not. Detail information of the case
scenario is listed below:
Hilary and Eleanor: It is among the important scenario of the case which was created
between Hilary and Eleanor but contract has been not formed between both the party because
acceptance from either side was not shown (Ciulla, 2020). Even courter offer was made by
Eleanor to Hilary but at this point of time, Hilary was not ready and when she gets ready then
Eleanor has changed her mind so successful contract was not formed between the party in this
respective scenario.
Hilary and Amy: This was the case scenario, where successful contract was not formed
between the party. Although, Amy had shown her acceptance to the offer but before the
acceptance letter had reached to Hilary, Amy had sent a Fax message to Hilary. The message
clearly indicates that she is not interested in the contract so just to ignore the post letter which
has been drafted to her.
Hilary to Olivia: The case scenario shows that contract was formed between Hilary and
Olivia although there was a situation of invitation to offer. But, the terms and condition of
invitation to offer shows that contract will be formed with the first person who reaches the store
at the of starting the sale (Dierksmeier and Seele, 2020). And the case shows that the requirement
of the contract was exactly same where Olivia fulfilled all of the requirement of Hilary to enter
into the contract.
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Explain about the remedies which are available for the breach of contract
The different types of remedy which is available in any of the breach of contract is
available is listed below
Specific Performance: There is a option where defaulter in the agreement has to
performing the remaining part of the work. This part is needed to be performed in that respective
condition where order is received from specific level of court (West and Buckby, 2020).
Compensation: Option of compensation to the innocent party is also available. In this
option, the losses which has incurred in the contract is needed to be paid by defaulter party.
Order of court plays the crucial role in it.
CONCLUSION
The discussion makes it very clear that business law is important for business organisation but
eventually it is also necessary that entity must form contract before dealing with any of their
stakeholders. Forming of contract is only not important but it is equally crucial that blue print of
contract should be considered while forming any of the contract. The court procedure has been
effective because cases are being solved easily in it. The decision which are being declared by
court for the remedy is mandatory to be followed.
REFERENCES
Kubasek, N. and et. al., 2020. Dynamic business law. McGraw-Hill.
Poff, D. C., 2020. Business Ethics Research and Research Ethics in Business
Research. Handbook of Research Ethics and Scientific Integrity, pp.999-1011.
Murdoch, B. and Caulfield, T., 2020. The Law and Ethics of Switching from Biologic to
Biosimilar in Canada. Journal of the Canadian Association of Gastroenterology.
Ciulla, J. B., 2020. Casuistry and the case for business ethics. In The Search for Ethics in
Leadership, Business, and Beyond (pp. 137-152). Springer, Cham.
Dierksmeier, C. and Seele, P., 2020. Blockchain and business ethics. Business Ethics: A
European Review, 29(2), pp.348-359.
West, A. and Buckby, S., 2020. Ethics education in the qualification of professional accountants:
insights from Australia and New Zealand. Journal of Business Ethics, 164(1), pp.61-80.
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