Business Law: Resolving Contract Disputes for USAI - HNC 2019-20

This report examines a business law case study involving USAI, an IT consultancy, and its contract dispute with the NHS. The report analyzes the impact of contract law on USAI and explores legal solutions for resolving the dispute, including Alternative Dispute Resolution (ADR) methods like mediatio...Read More

Business Law

Problem 1
A) Impact of contract law on the business
Contract law of any jurisdiction shall establish general rules for the control of the authorization
and enforcement of an agreement between at least two private meetings which shall, as a whole,
involve industrial relations. Its impact is therefore entirely driven by the approach of these
departments to the law. This approach relies heavily on common law, for example the
progressive legal framework of England and Civil Law, for example for most non-departmental
provisions.
Within such a class of individuals may be reorganized by some different standards, as this is
usually the case with experts whose corporate governance approach is changing and an
indigenous society that lives among the majority of people with different habits normal. After
that, we regularly note that the law on agreements also holds the investigations over and allows
certain angles to be represented by the needs of the situation.
For example, under the organization’s contract, the Indian Treaty Act states that it is the duty of
an agent to follow the “close traditions” of the place. This is also stated in the INCOTERMS
Regulations of International Trade Law by ICC. The court is currently examining the volatile
nature of these relationships and will select them as necessary.
In addition, contract law links meetings to legitimate and meaningful relationships and could not
help the establishment of illegal and authoritative relationships such as betting or selling young
people or enjoying the exchange of psychotropic substances.
As a result, all of these legitimate exchanges are governed by the law of the agreement and the
courts may push the meetings to their presentation.
In global industries, private meetings are held in several countries and are mainly administered
through BIT. In these cases, the courts of residence are generally denied the ability to settle and
authorize agreements. The BITs, for the most part, seek to reshape debates through universal
courts that cost the state more than any reasonable doubt with the potential to lose.

Affect of contract law on USAI
USAI will get risk free from any failure due to software and for any dispute it requires to consult
mediation.
b) Legal solutions for resolving the dispute
To resolve any dispute related to software; there are two options available with the company:
1. Alternative dispute resolution (ADR);
2. Litigation
1. ADR: It is the personal level approach; in which both parties who have made contract settle
the dispute at their level or it can be said that in this approach disputes can be solved other than
litigation like through negotiation, discussion and mediation. Here the method choose by both
the parties is mediation.
Mediation is an approach where meetings discuss their problems with the help of one or more
third parties willing to help them reach an agreement. Meetings can be a meeting or a meeting of
a confidential agreement. The debate can be pending in court or surprisingly a competition that
can be registered in court. The issues that are reasonable for intervention are disputes relating to
trade, individual accidents, development, employee paychecks, work or network relationships,
individuals, accommodation, work relationships or any other matter that is not. "Introduce
complex procedural or trial problems. Attendance at the meeting must be deliberate intervention
by the meetings, unless administered by intent or consent.
2. Litigation: Under this method; dispute is taken to the court to get resolution. But this option is
expensive and time consuming as court takes time for hearing and attendance of both the party is
compulsory.
Hence, based on above two options; it is recommended to resolve the dispute through ADR; as it
is cheaper and less time consuming.
c) Source of legal advice and support

There are two sources available for the company to obtain legal advice:
1. Solicitors;
2. Barristers
Obtaining Solicitors services
A Solicitor is a legitimate expert who usually handles most legal cases in certain areas. A person,
who varies from one point of view to the next, must have the ability of a legitimate character to
be represented as an expert and authorized to try all that is considered there.
Company can obtained the service of solicitor in ADR case where they required mediator.
Obtaining Barrister service
Lawyers can be identified by an expert as they are dressed in a hat and suit in court. They work
at higher court levels than experts and their basic job is to play the role of promoters in legal
hearings, which means they stay in court and debate the case for good their clients before
designated authority. They also have authoritative knowledge of the law as they will be
contacted frequently to offer valid guidance.
Barrister service can be obtained by company in case of litigation or referring court for
resolution of the case.
Problem 2
d)
Claim by Beth Bell:
In this case; injury to Beth Bell was due to mishap not because of faulty equipment or any other
irresponsible activity by owner. Thus Beth Bell can only partially claim upto the amount spends
on medication and treatment. Hence, Beth Bell don’t have liability to sue £500,000 from the

company but the accident happen at workplace, so company has the obligation to provide her
good treatment for her recovery.
Charles Cole:
Workplace stress can be characterized as any physical or motivational reaction that can occur at
work - of course, when conflicts arise amidst the demands of the workplace and the amount of
control that comes with it an employee must meet the needs. Stress can occur when an employee
has a low level of power in addition to the high demands that a company can place on them.
According to employment laws, workers are protected from unnecessary stress, bad rates,
carelessness and dangerous workplaces. In this way, a representative can sue a company for
work environment problems in certain circumstances. For the most part, if the pressure is due to
normal work environment events, such as a demanding manager, long extended periods or
troubled companions, compensation claims fall within the employees' salary framework.
Assuming, as far as possible, that the pressure is the result of illegal rates or separation, a
representative has a case under labor law.
Hence; Charles is in the position to sue case against company; cost to the company depends on
loss or ill effect on Charles due to stress. Company only has to bearded the amount spend on
Charles to recover him from stress or any loss due to stress.
e)
Both cases lie under standard of Occupational Health and Safety Act, 1970
f)
Civil and Federal court will deal with these cases.
g)

These agencies only give advice to employees, they didn’t involve as a representative to talk
with employer. On the other hand; Union could take action against employer not in a legal way
but through strike or other terms.
Problem 3
h)
According to Corporations Act section 124; no contract or arrangement in the case of a
company; the profit amount should not exceed the sum of overall contract amount. The act of
disclosure also states that; if transaction is not disclosed in front of Directors; then this contract
or transactions would be treated as void.
i)
According to section 177; if director interested in proposed transaction or arrangement with
company then he must declare the nature and extent of that interest to other directors. This
disclosure should be done before enters into any transaction or arrangement.
Holding different management positions could lead to inconsistencies. An unstable situation is
not clearly defined by British law. In any case, it happens entirely where the interests of a leader
outweigh the interests of the organization. An event like this is where leaders use private data
about an organization to reap the benefits.
The Corporations Act records penalties for breaches of duty by officers. The maximum penalty a
court can justify is £ 200,000 for any breach of the law. Different penalties include closure of an
operator or payment of wages for his activities. Criminal punishment includes imprisonment.
All in all, you can be the leader of more than one organization. As far as possible, they should be
careful not to put too much pressure on their workload or get on with their responsibilities. A
senior officer needs to be educated about each group, attend important executive meetings and
do the job efficiently.

References
Barnard, C., 2012. EU employment law. OUP Oxford.
Bennett-Alexander, D.D., 1998. Employment law for business. Irwin, McGraw-Hill.
Armour, J., Deakin, S. and Konzelmann, S.J., 2003. Shareholder primacy and the trajectory of
UK corporate governance. British Journal of Industrial Relations, 41(3), pp.531-555.
Deakin, S., 1986. Labour law and the developing employment relationship in the
UK. Cambridge Journal of Economics, 10(3), pp.225-246.
Abel, R.L., 1995. England and Wales: a comparison of the professional projects of barristers and
solicitors. Lawyers and Society: An Overview, pp.39-91.
Burstyn, I., Jonasi, L. and Wild, T.C., 2010. Obtaining compliance with occupational health and
safety regulations: a multilevel study using self-determination theory. International journal
of environmental health research, 20(4), pp.271-287.
Online:
Legislation.uk, 2020; Available online through:
<https://www.legislation.gov.uk/ukpga/2006/46/contents>