Business Law and Ethics Project: Contract Law and Remedies

This project delves into the realm of business law and ethics, focusing on contract law principles, the English legal system, and available remedies for parties involved in contractual agreements. The project begins with an introduction to contract law, outlining its fundamental elements such as offer, acceptance, consideration, and legality. It then examines the structure of the English legal system, differentiating between civil and criminal proceedings and identifying relevant court systems. Furthermore, the project provides advice on the existence of binding contracts in specific scenarios involving different parties, considering elements like offer and acceptance. Finally, it discusses various remedies available to parties in case of contract breaches, including compensation and specific performance. The project concludes with a summary of the key findings and a comprehensive list of references.

Business Law and
Ethics

Table of Contents
PROJECT 1- INDIVIDUAL ESSAY ..................................................................................................3
INTRODUCTION................................................................................................................................3
Contract law and its blue prints ......................................................................................................3
Court system in relation to English legal system and advise the parties above which court action
to pursue...........................................................................................................................................4
Advise Hilary as to whether binding as whether binding contract exist within herself and each of
following people i.e., Eleanor, Amy and Olivia..............................................................................5
Explain and discuss various remedies available to the parties........................................................5
CONCLUSION....................................................................................................................................6
REFERENCES ....................................................................................................................................7
Books & Journal:.............................................................................................................................7

PROJECT 1- INDIVIDUAL ESSAY
INTRODUCTION
In business sector, rules as well as regulations play important role in carrying out the
functions & activities. Business & ethics law are defined as specific field of study which are being
developed to examine the and guide the moral principles of organisations (Griffith, 2019). Through
these, problems as well as issues are easily analysed with proper consideration. This report
comprises of project 1 in which contract law, court system in relation to English legal system,
advise, binding contracts and remedies available to parties.
Contract law and its blue prints
A contract is defined as agreement which is enacted by law that governs right & duties in
between the binding parties with mutual consideration. A contract law is being carried out in such a
way that all requirements and conditions are met with mutual coordination & corporation. Under
this, it is important for parties who are involved in contract to have accept all the terms &
conditions so that positive relationship is maintained. To be aware that credentials are valid or not in
contract, the court have the power to access whether everything is being according valid contract or
not. Elements of contract law are needed to be examined correctly so that disputes do not occur
between the parties. There several types of elements of law which are acceptance, legality,
consideration and offer. By considering these elements they assist in entrance of all law by
examining validity of the agreement. Components of contract law are ; Offer in which this
element states that a contract is always being initiated with offer. It refers to way of willingness to
give something to other party on the basis of mutual agreed terms as well as conditions. It is
essential for party to overview offer so that all demands & requirements are met properly which
also results in correct decision making process. For example- In given case study Hilary offered
trade journal for £15,000. Acceptance, This is another component in which it says that acceptance
is being accepted by offeree (Şahin, 2018). It also specifies that there is need to be meeting of minds
in between the parties interested in law. This is to be carried out between person who is offering &
person who is accepting the offer. For example- Olivia accepted the next offer of Hilary in which
painting were to be sold for £1. Consideration- It is defined as process in which these both
exchange is being done with something of value. It comprises of many things such as past
consideration, performance of an existing duty and promissory estoppel. Then at last further
element is legality in which it states that contract is being carried out by properly following legal
frameworks of government. It is crucial for parties to be aware & concern about the all legal terms,
rules, regulations so that problems or issues does not arise in near future or after biding between the

contracts. For example- Hilary is being doing everything with legal form without affecting any
legal terms or law.
So, by properly considering the formation of contract law it is seen that it is critical process
which require deep level of understanding & correct way of making decision making. Therefore, it
is essential to access formation of contracts in appropriate manner for successful completion of
agreement. Moreover, with correct way of carrying out the blueprints & contract law, agreement is
being considered legal.
Court system in relation to English legal system and advise the parties above which court action to
pursue.
Legal system in every country are heterogeneous in nature & are being managed as well as
maintained in proper manner. These are guidelines, process or procedures in which they directs how
agreements are to be regulated in a specific country. In relevance with given case study, country
follows all the legal system with legal practices so that everything is one in country with peaceful
manner. English legal system is defined as process of focusing on correct decision making to
achieve positive outcomes (Cherry, 2017). This is of basically of two types which are public &
private law. Further, the legal system comprises of legislation, common law, the crown and the
judiciary. In legislation, it mainly deals with parliament of UK. Then in common law, it includes
Wales & legal system of England have common which is being viewed as part of the law. The
crown law focuses on criminal cases & is being centres around England & Wales. At last in the
Judiciary, it has been divided into two parts which are criminal & civil. This is explained as follows-
Civil Proceedings- This is law in which it focuses on solving disputes between common
premises. It depicts that all civil related concepts are to be carried out under this civil proceedings.
Also, in this there are several types of courts such as supreme court/ country court, magistrates
court etc. (Howells, 2017).
Criminal Proceedings- In this, criminal cases are being focused in which crime or illegal;
disputed are resolved. These are being done under courts like Magistrates court, crown court, &
court of appeal etc.
Advise Hilary as to whether binding as whether binding contract exist within herself and each of
following people i.e., Eleanor, Amy and Olivia.
Case 1: In given case study, it offer has been made by Hilary which is viewed as invitation
to offer. In context of Partridge V Carttinden, it specifies that to enter into a contract law both
parties are needed to be agreed. As in case study 1, Hilary offered but the offer wasn't accepted by
Eleanor because of issue of bargaining of prices & which leads to ceasing of contract.

Case 2: In this case, it states that according to posting rule it depicts that acceptance of
offer take place when it being communicated. Therefore, when the acceptance is sent through postal
method than acceptance will not be affected or revoke. In relevance with this another judgement is
under Entores vs Far Miles East Corporation (Poncibò, 2017).
Case 3: Then, further it reflects that there is offer has been invited to through Hilary. It is a
different case as in this it offer of purchasing of painting was done by Olivia in which it reflects that
the offer was rejected by Hilary itself. So, under this no contract takes place because one party was
not interested for the agreement.
Thus, the stated paragraph shows that to have or enter in to contract or agreement it is
essential that both parties are needed to be agreed upon every terms. Therefore, analysis is made
that appropriate consideration are to be required for successful completion of agreement.
Explain and discuss various remedies available to the parties
In terms of contract law, it it causes any problems to parties then there different types of
solutions available to parties. These are compensation & specific performance through which
parties can solve their disputes in easier way. In reference with compensation, it is given court
orders when there is breach of contract by any cause in perspective of monetary damages. To avail
this remedy by parties, court is required to oversee reason for breach of contract so that appropriate
decisions are made. Additional suggestion is that specific performance or relief (Knapp, 2019).
Under this, it comes into existence when there the damage for non-performance or damages cannot
be measured. Therefore, through this remedy solution is provide to parties who have been affected
by cancellation of contracts.
Thus, after examining of above matter it has been seen that remedies are crucial which are
to be provided to parties so that legal system is maintained in proper manner. By focusing on above
specifies remedies, it is seen that by correct use of remedies decisions can be made with positive
manner. These provided solutions assist in establishing of contract in such way that problem is
solved in appropriate way. Furthermore, everything will be in correct manner when there is solution
available to every issue.

CONCLUSION
After a brief analysis of above report, it has been concluded that business & ethics law are
crucial to be considered by every individual so that appropriate decisions are made with
consideration of legality & regulations. Discussions have been made about given case study,
English Legal system, contract law & blueprints, suggestions and remedies to available to parties.
In every country, there are different laws as well as regulations which are to accessed by every
individual. Moreover, with appropriate use of these it is easy to make decisions regarding entering
into an agreement.

REFERENCES
Books & Journal:
Griffith, 2019. Agency, Authority, and the Internal Organization of Compliance, Ethics, and Law
Departments. Cambridge Handbook on Compliance, Sokol & van Rooij, eds., Forthcoming.
Şahin, 2018. How Principles of Business Ethics Relates to Corporate Governance and
Directors?.European Journal of Economics and Business Studies,4(3), pp.22-27.
Cherry, 2017. The Sharing Economy and the Edges of Contract Law: Comparing US and UK
Approaches.Geo. Wash. L. Rev.,85, p.1804.
Howells, 2017. The European Union's Influence on English Consumer Contract Law.Geo. Wash. L.
Rev.,85, p.1904.
Poncibò, 2017. Book Review: Research Handbook on EU Consumer and Contract Law, edited by
Christian Twigg-Flesner.(Cheltenham (UK) and Northampton (US): Edward Elgar
Publishing Limited. 2016.).European Review of Private Law,25(4).
Knapp, 2019.Problems in contract law: Cases and materials. Aspen Publishers.
Singer, 2018.Settling disputes: Conflict resolution in business, families, and the legal system.
Routledge.
Douglas, 2018. Legal systems abuse and coercive control.Criminology & Criminal Justice,18(1),
pp.84-99.
Huxley-Binns, 2017.Unlocking the English legal system. Taylor & Francis.
Jubaer, 2017. An Indispensable Analogy of Specific Performance under the Specific Relief Act,
1877 of Bangladesh.International Journal of Research in Social Sciences,7(6), pp.126-142.
Chen, 2019. Inefficiency of Specific Performance as a Contractual Remedy in Chinese Courts: An
Empirical and Normative Analysis.Nw. J. Int'l L. & Bus.,40, p.275.
(Griffith, 2019)(Şahin, 2018)(Cherry, 2017)(Howells, 2017)(Poncibò, 2017)(Knapp, 2019)(Singer,
2018)(Douglas, 2018)(Huxley-Binns, 2017)(Jubaer, 2017)(Chen, 2019)