Business Law Report: Contract Law Analysis, Remedies, and Court System

This report delves into the intricacies of business law, specifically focusing on contract law within the United Kingdom. It begins by defining contract law and outlining its essential components, including offer, acceptance, consideration, legality, capacity, and intent. The report then explores the English legal system, providing guidance on the appropriate court system for resolving contract disputes. The core of the report examines three case studies involving Hilary, Eleanor, Amy, and Olivia, analyzing the formation of binding contracts and identifying breaches. The analysis determines a binding contract between Amy and Hilary. The report concludes by suggesting various remedies available to parties in case of contract breaches, such as monetary damages, restitution, rescission, reformation, and specific performance. The report emphasizes the importance of written contracts and adherence to business ethics to avoid future conflicts.

Business law

TABLE OF CONTENTS
INTRODUCTION...........................................................................................................................3
1. Definition of contract law and all blue prints of contract........................................................3
2. Court system in relation to English legal system and advice or suggestion to parties court
that it have to pursue....................................................................................................................4
3. Advice related to binding contract between various parties....................................................5
4. Suggestion of various remedies that are available to parties...................................................5
CONCLUSION................................................................................................................................6
REFERENCES................................................................................................................................7

INTRODUCTION
There are numerous rules, regulation and policies made by government of United
Kingdom to monitor and control operation of business so that no harm can be caused to other
individuals in society. Business includes varieties of activities that need to be carried out to
delivered best services to customers so that company can earn maximum profitability. The report
is about three different case study related to contract law such as Hilary, Eleanor, Amy and
Olivia. It have highlighted pointed related to definition of contract law, its blue print and English
legal system which can be pursue to resolve various issue arising between them. It has also
suggested some of the remedies which could be used by various parties involved in case study to
save themselves from extra cost, damage or penalty.
1. Definition of contract law and all blue prints of contract
Contract law can be defined as legal binding promise between two or more parties to act
in particular manner or fulfil its obligation, duties and responsibilities as specified in the contract.
The law also specifies various remedies or solutions that are available in case of breach of
contract or one party does not fulfil its responsibilities (How to form a valid contract, 2019).
Contract can be written or oral but it is better to have written agreements between two parties for
valid proof to avoid conflict in future circumstance. Blueprint of contract law can be illustrated
as follows:
Offer: It is one of the most crucial elements of contract which stated that one individual should
offer something to provide to other individual. Person may offer for products or services by way
of advertisements in newspaper, television or any other medium so that interest party can accept
it for satisfaction of its needs (Cirlig, 2016). For example: In above three cases, Hilary have
make offered to all three parties that is Amy, Olivia and Eleanor to purchase office computer,
famous artist painting and printing press respectively at particular price.
Acceptance: In order to be valid contract, the offer must be unconditional and can be easily
communicated to another person at the same time negotiation between various parties are not
termed as acceptance rather it is known as counter –offer. Such as out of three above case study
only Amy have agreed to make purchased of office computer at £1000 while all other individuals
reject the proposal.
Consideration: It is compulsory for parties to exchange some value in order to make contract
valid and legally binding to various individuals (Callison and et.al., 2018). Consideration should
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be sufficient to the amount or value of goods or services exchanged by two or more parties
involved in contract. Like in three case studies, Amy, Olivia and Eleanor are not ready to give
consideration of £1000 to get various products for satisfaction of their needs.
Legality of subject matter: Contract must be made by abiding to all rules, regulation made by
government so that no harm has to be suffered by other parties. Such as despite of 2 case, Amy
and Eleanor are not legally bided to carry out their activities or respective duties.
Contractual capacity: parties that are involved in contract must have capacity to understand or
should not be forced to abide to various rules and regulation. Thus three parties are free to take
correct decision to make purchase of products at specific rates or not.
Contractual intent: Valid contract illustrate that all parties are interested or intended to enter
into contract such as all four parties must be agreed to all terms and condition to act in particular
manner. Eleanor and Amy have rejected to accept contract or its related responsibilities whereas
Amy has agreed to performed all duties or pay £1000 for office computer.
2. Court system in relation to English legal system and advice or suggestion to parties
court that it have to pursue
Law are set of rules that governor behaviour of individuals or human being so that less
chance of conflict or dispute arises in country and people can live better lifestyle. Structure of
English legal system is somewhat complicated and confusion because it have been designed
since 1000 years back. There are various courts that are responsible for dealing with particular
case so that better solution can be finds to resolved problem. Most of the criminal cases are
bought in magistrate court whereas more serious are handle by Crown court. Appeal of Crown
court has opportunity to go to high court for a better decision making and resolution of problem
(Conley, O'Barr and Riner, 2019). On the other hand civil case are manage or handle by
magistrates at the same time they can also be heard by country court then again appeal can go to
high court or supreme court.
Therefore from above case study, it have been learned that it is civil case so first need to
be managed by magistrate court then country court which can be further appeal to supreme court.
So, it is suggestion from four parties to go to or pursue country court in order to resolve their
differences and live health, peaceful life in future.
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3. Advice related to binding contract between various parties
From the discussion and analysis of three different case study of contractual law it can be
said that there is binding contract between Amy and Hilary only. Whereas other two parties
cannot be legally bind to carry out respective responsibilities and roles within organisation. Such
as:
1. Like in First case of Hilary and Eleanor, Hilary have offered to sale its printing for press
£15000 by advertisement in trade journal so Eleanor negotiate to purchase it at £10000
but Hilary replied to be sold at £13000 thus for longer time Hilary had no reply from
Eleanor. So in this case there is counter offer or negotiation between two parties rather
than acceptance between them.
2. In second case which is between Hilary and Amy it can be said that Amy is legally bind
to purchased office computer at £1000 because it by accepting proposal of Hilary to
purchase office computer at particular rates (Chaffey, Hemphill and Edmundson-Bird,
2019). But before the computer arrives it have rejected the same through fax so in case
any additional cost, damage have to be faced by Hilary need to be paid by Amy.
3. On the other hand in third case study, there was no oral and written agreement between
Hilary and Olivia to have famous artist painting at just £1. Rather than Hilary has
promised various people that who’s ever enter the stall first will get painting at specific
rates. Therefore, there is no binding contract between Olivia and Hilary to sold painting
to Olivia only in any case.
4. Suggestion of various remedies that are available to parties
There are several remedies which can be used by different parties in order to resolve their
problem or grievances so that no threat or harm can be caused to other individuals. There
are five types of remedies that are available in case of breach of contract which can be
stated as follows:
Money damaged: It is type of remedy in which breaching party need to make payment in
monetary terms to other party that have incurred any kind of loss. The amount need to be
paid to the extend damaged has been caused by one party to other such as in case of Amy
and Hilary, it is responsibility of Amy to pay for any cost or expense which have been
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incurred by Hilary to delivered products to it for sales as per contract (What are the
Remedies to a Breach of Contract? 2019).
Restitution: In these remedies it is responsibility of breaching party to reposition injured
party as it was before contract like Amy in case of delivery of office computer needs to pay
1000 or return computer to Hilary so that it can be at same position before valid contract.
Rescission and reformation: This type of remedy option is available in case of contract
law where one or both parties are forced, influenced or by mistake have entered into
contract of agreement. So, court in order to resolve their problem takes decision to
terminate the contract therefore it cannot be suggested for all above cases as no party was
forced or influenced to enter into contract (Haidt and Trevino, 2017).
Specific performance: It last remedies option which can be used by above party to resolve
their respective conflict so in it breaching party need to perform duties which are clearly
specified in contract. Thus, court can force Amy to purchased computer at £1000 as it has
agreed in contract to do the same.
CONCLUSION
From the above report it can be concluded that business laws and ethics need to be
considered by individual while making contract in order to avoid future conflict or losses.
Individual must tries to always have written contract or agreement because it act as a proof or
evidence which can be used in resolving several issue arising in near circumstances. At last it can
be concluded from above analysis that all these five remedies can be used by parties in order to
resolve their respective issues.
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REFERENCES
Books and Journals
Callison, W and et.al., 2018. Corporate disruption: the law and design of organizations in the
twenty-first century. European Business Organization Law Review, 19(4). pp.737-769.
Chaffey, D., Hemphill, T. and Edmundson-Bird, D., 2019. Digital business and e-commerce
management. Pearson UK.
Cirlig, R. E., 2016. Business and human rights: from soft law to hard law?. Tribuna
Juridică, 6(12). pp.228-246.
Conley, J. M., O'Barr, W. M. and Riner, R. C., 2019. Just words: Law, language, and power.
University of Chicago Press.
Haidt, J. and Trevino, L., 2017. Make business ethics a cumulative science. Nature Human
Behaviour, 1(2). pp.1-2.
Online
How to form a valid contract, 2019, [ Online]. Available Through:<
https://www.rocketlawyer.com/gb/en/quick-guides/how-to-form-a-valid-contract>.
What are the Remedies to a Breach of Contract? 2019, [ Online]. Available Through:<
https://www.legalmatch.com/law-library/article/ultimate-guide-to-remedies-for-breach-
of-contract.html>.
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