Business Law and Ethics: Remedies for Breach of Contract Scenario

This report delves into the realm of business law and ethics, specifically addressing breach of contract and available remedies. The assignment presents a case study involving Raymond, a part-time accountant and consultant, and Samantha, an artist. Raymond and Samantha entered into a contract where Raymond agreed to prepare business accounts for £800. After completing the work, Samantha claimed she could only pay £200, which Raymond reluctantly accepted. Subsequently, Samantha's artwork achieved significant financial success, prompting Raymond to seek the remaining £600. The report explores possible remedies for Raymond, considering scenarios of earlier payment and counteroffers. It examines legal concepts such as damages, repudiation, and specific performance, supported by relevant case law, providing advice to both Raymond and Samantha. The conclusion emphasizes the significance of contract law in business and ethical practices.

Business Law and Ethics

Table of Contents
INTRODUCTION...........................................................................................................................3
TASK...............................................................................................................................................3
PART1(Breach of Contractual Relationships and Remedies).........................................................3
Advise Raymond on possible remedies available to him............................................................3
Would your answer be any different if Samantha had paid Raymond the £200 three weeks
earlier than the debt was actually due, and Raymond had agreed to this?..................................4
What would be the legal position if Raymond had requested a £400 payment from Samantha
as full and final settlement?.........................................................................................................5
What advice do you have for Samantha?....................................................................................5
CONCLUSION ...............................................................................................................................6
RFRENCES.....................................................................................................................................7

INTRODUCTION
Business law are that laws which makes an business organization to establish itself
according to law formed by a country. Such laws provides concrete framework which makes
organization to perform its functions in legal manner. Such laws has been helping in making an
organization to achieve its goals and objectives in appropriate manner. Ethics are considered to
be that rules and regulations that helps an organization for making workplace attain better
business environment through maintaining of discipline and order. Scope of both the laws covers
various aspects that is related to business. Nature is dynamic of both the laws as they cover
business environment and makes improvement within it. In this essay contract law is to be
explained in relation to breach of contract and remedies regarding it. An case scenario has been
given with relevant questions required to be answered.
TASK
PART1(Breach of Contractual Relationships and Remedies)
Case Scenario: Raymond working as part-time in a firm of accountants within taxation
department. He also holds small constancy business for which he is the only owner. Also he has
attained specialization in personal taxation advice. Further in the scenario he entered into
contract with Samantha who is an struggling artists that contract was agreed to prepare draft for
last three years for sum of £800. Raymond as per the contract completed the work then Samantha
told that she could only pay £200 as full settlement of debt. Now Samantha paintings began to be
sold at very high price and Raymond read newspaper that Samantha's latest work is been sold at
very high price of £20,000. Now he wishes to claim the remaining balance of £600 from
Samantha (Michaelson, 2020).
Following questions required to be answered regarding above scenario:
Advise Raymond on possible remedies available to him.
Contract laws are those laws which are being formed within two organization or
individual to make sure that all kinds of monetary transactions is done in smooth manner. Such
laws is the basis of an agreement that takes place between two parties. In contract law breach of
contract takes place when any of the parties violates any rule and regulation within given
contract formed between them. Remedies are that law which is provided in order to make claim

and compensation to be gained over it. As per contract laws various remedies given under
contract law and that is given as follows:
Damages: These are that kind of remedies that is given when breach of contract takes
place during the contract. As per this reward provided in the form of money which is known as
compensation which provided when breach is provided against party. In damages main purpose
is to place party to whom injury has been done over position taking place through contract.
Repudiation: Such remedy is been given for that breach within which certain condition
exists. According to involvement over making end to contract.
Rescission equitable: This remedy is been provided by judges over the directions that is
been issued by them when an judgement is passed. Recession make sure parties making pre-
contractual position is to be revealed when contract is presented. Recession is made available as
it helps in gaining result through vitiating of factors (Jabbar and et. al., 2018).
Specific performance: As per this equitable remedy is made available through direction
upon judging. In this order made by the court is require by one party to perform all obligations
related to contract that has not been performed within it.
It can be analysed from the above scenario that £200 has been paid as full debt settlement
and cheque is been accepted by Raymond as full and final settlement. As per the statement
Raymond accepted the payment and hence no remedy can be issued due to acceptance of
contract. If payment of £200 would not have been paid then breach of contract would have taken
place and remedy could be applied.
Would your answer be any different if Samantha had paid Raymond the £200 three weeks earlier
than the debt was actually due, and Raymond had agreed to this?
If Samantha has paid Raymond £200 three week earlier and agreement would have been
made over it (Harper, 2019). Then under such condition situation becomes null void according to
money paid or accepted thus there would have been breach of contract. Remedy is in the form of
damages could not be claimed and the case would have been deal under law of torts. Case law
that is related to this scenario is Addis v Gramophone as per the case scenario claimant was
employed as manager by defendant. In this breach of contract accrued within the time of his
service for such conduct he was replaced with new manager. So the claim has bee brought
against breach of contract as per which contract was made over damages which reflects various
circumstances which made his dismissal possible. It was held by court that that law seeks parties

in a position that existed before the contract formed. Further court held limited wages and loss of
commission over contractual agreement is agreed upon notice period. In such situation no
exemplary damages can be claimed over reputation within contract of any kind. This is actioned
within law of tort.
What would be the legal position if Raymond had requested a £400 payment from Samantha as
full and final settlement?
As per the scenario head of damages is been used which means an amount to be claimed
upon reflecting different losses. Such loss includes bargain, reliance loss, discomfort or
disappointment, inconvenience from future perspective. So with the situation Reliance loss is
been applied that says that where difficulty over position is to be claimed would make it possible
to do recovery of expenses in relation to contract. Case law to justify it is Anglia Television v
Reed as per the case claimant Anglia televisions has been making Oliver Reed who played
important role in a television play. Reed pulled out Anglia and no replacement was founded.
This made abandonment over play which has incurred expenses that is amounting £2,750. In this
case it was held that damages seeking to be put upon parties within position would have contract
that is to be performed through parties which is elected to be claimed by recovering expenses
within abortive transaction. That is the reason Anglia is able to make recovery upon expenses to
be defendant (Bernacchio, 2019).
What advice do you have for Samantha?
The advice that is to be used by Samantha in order to protect herself under the situation
is counter offer which means making offer over an already existing contract which makes
original contract to be null void. It would make payment of £200 more and making situation
valid various terms differing exists in contract. This makes affected over destroying original
offer that no longer exists over offer that is accepted. Relevant case law that justifies the situation
is Hyde v Wrench as per the case defendant has offered selling of farm to claim for £1,000. in
this claimant has offered £950 which was refused by defendant. So the claimant sought over
bringing action over specific performance. Court held that contract has been made over counter
offer which destroyed the original contract over offer that has been accepted (Barth and et. al.,
2020).
This situation help Samantha by making original contract null and her payment of two
hundred euro becomes valid.

CONCLUSION
From the above discussion it can be marked out that contract law has been helping in
providing both business laws and ethical laws that helps in making business gain better
environment. Further various remedies has been explained that has been given within the
contract. Also in this essay case laws has been explained that can be applied to attain better
results in given scenario. In the end advice is given to Samantha in the form of counter offer.

RFRENCES
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